HB 1503

1	A bill to be entitled
2	An act relating to persons with disabilities; amending s.
3	20.197, F.S.; requiring the director of the Agency for
4	Persons with Disabilities to be subject to confirmation by
5	the Senate; requiring the agency to create a Division of
6	Budget and Planning and a Division of Operations;
7	authorizing the director to recommend creating additional
8	subdivisions of the agency in order to promote efficient
9	and effective operation of the agency; amending s. 39.001,
10	F.S., relating to the development of a comprehensive state
11	plan for children; conforming provisions to the transfer
12	of duties from the Developmental Disabilities Program
13	Office within the Department of Children and Family
14	Services to the Agency for Persons with Disabilities;
15	amending s. 39.202, F.S.; providing for certain employees,
16	agents, and contract providers of the agency to have
17	access to records concerning cases of child abuse or
18	neglect for specified purposes; amending s. 39.407, F.S.;
19	deleting provisions authorizing the treatment of a child
20	under ch. 393, F.S., if the child is alleged to be
21	dependent; amending s. 287.155, F.S.; authorizing the
22	agency to purchase vehicles under certain circumstances;
23	amending ss. 381.0072 and 383.14, F.S., relating to food
24	service licenses and the Genetics and Newborn Screening
25	Advisory Council, respectively; conforming provisions to
26	the transfer of duties from the Developmental Disabilities
27	Program Office within the Department of Children and
28	Family Services to the Agency for Persons with
29	Disabilities; repealing s. 393.061, F.S., relating to a
30	short title; amending s. 393.062, F.S.; revising
31	legislative findings and intent to conform to changes in
32	terminology; amending s. 393.063, F.S.; revising the
33	definitions applicable to ch. 393, F.S., relating to
34	developmental disabilities; amending s. 393.064, F.S.;
35	revising the duties of the Agency for Persons with
36	Disabilities with respect to prevention services,
37	evaluations and assessments, intervention services, and
38	support services; amending s. 393.0641, F.S.; defining the
39	term "severe self-injurious behavior" for purposes of a
40	program of prevention and treatment for individuals
41	exhibiting such behavior; amending s. 393.065, F.S.,
42	relating to application for services and the determination
43	of eligibility for services; providing for children in the
44	child welfare system to be placed at the top of the
45	agency's wait list for waiver services; authorizing the
46	agency to adopt rules; amending s. 393.0651, F.S.,
47	relating to support plans for families and individuals;
48	revising the age at which support plans are developed for
49	children; deleting a prohibition against assessing certain
50	fees; creating s. 393.0654, F.S.; specifying circumstances
51	under which an employee of the agency may own, operate, or
52	work in a private facility under contract with the agency;
53	amending s. 393.0655, F.S.; revising the screening
54	requirements for direct service providers; providing a
55	temporary exemption from screening requirements for
56	certain providers; amending s. 393.0657, F.S.; revising an
57	exemption from certain requirements for refingerprinting
58	and rescreening; amending s. 393.066, F.S.; revising
59	certain requirements for the services provided by the
60	agency; requiring agency approval for purchased services;
61	revising the agency's rulemaking authority; amending s.
62	393.067, F.S.; revising requirements governing the
63	agency's licensure procedures; revising the requirements
64	for background screening of applicants for licensure and
65	managers, supervisors, and staff members of service
66	providers; requiring that the agency adopt rules governing
67	the reporting of incidents; deleting certain
68	responsibilities of the Agency for Health Care
69	Administration with respect to the development and review
70	of emergency management plans; amending s. 393.0673, F.S.;
71	providing circumstances under which the agency may deny,
72	revoke, or suspend a license or impose a fine; requiring
73	the Agency for Persons with Disabilities to adopt rules
74	for evaluating violations and determining the amount of
75	fines; amending s. 393.0674, F.S.; providing a penalty for
76	failure by a provider to comply with background screening
77	requirements; amending s. 393.0675, F.S.; deleting certain
78	obsolete provisions requiring that a provider be of good
79	moral character; amending s. 393.0678, F.S.; deleting
80	provisions governing receivership proceedings for an
81	intermediate care facility for the developmentally
82	disabled; amending s. 393.068, F.S.; requiring that the
83	family care program emphasize self-determination; removing
84	supported employment from the list of services available
85	under the family care program; revising certain
86	requirements for reimbursing a family care program
87	provider; amending s. 393.0695, F.S., relating to in-home
88	subsidies; requiring that the Agency for Persons with
89	Disabilities adopt rules for such subsidies; amending s.
90	393.075, F.S., relating to liability coverage for
91	facilities licensed by the agency; conforming terminology;
92	amending s. 393.11, F.S.; revising provisions governing
93	the involuntary admission of a person to residential
94	services; clarifying provisions governing involuntary
95	commitment; requiring that a person who is charged with a
96	felony will have his or her competency determined under
97	ch. 916, F.S.; conforming terminology; amending s.
98	393.122, F.S.; clarifying requirements governing
99	applications for continued residential services; amending
100	s. 393.13, F.S., relating to the Bill of Rights of Persons
101	Who are Developmentally Disabled; deleting a provision
102	protecting minimum wage compensation for certain programs;
103	limiting the use of restraint and seclusion; requiring the
104	agency to adopt rules governing the use of restraint or
105	seclusion; revising requirements for client records;
106	deleting certain requirements governing local advocacy
107	councils; allowing the resident government to include
108	disability advocates from the community; amending s.
109	393.135, F.S.; revising definitions; clarifying provisions
110	making such misconduct a second-degree felony; amending s.
111	393.15, F.S.; establishing the Community Resources
112	Development Loan Program to provide loans to foster homes,
113	group homes, and supported employment programs; providing
114	legislative intent; providing eligibility requirements;
115	providing authorized uses of loan funds; requiring that
116	the agency adopt rules governing the loan program;
117	providing requirements for repaying loans; amending s.
118	393.17, F.S.; authorizing the agency to establish
119	certification programs for persons providing services to
120	clients; requiring that the agency establish a
121	certification program for behavior analysts; requiring
122	that the program be reviewed and validated; creating s.
123	393.18, F.S.; providing for a comprehensive transition
124	education program for persons who have severe or moderate
125	maladaptive behaviors; specifying the types of treatment
126	and education centers providing services under the
127	program; providing requirements for licensure; requiring
128	individual education plans for persons receiving services;
129	limiting the number of persons who may receive services in
130	such a program; authorizing licensure of certain existing
131	programs; creating s. 393.23, F.S.; requiring that
132	receipts from operating canteens, vending machines, and
133	other like activities in a developmental disabilities
134	institution be deposited in a trust account in a bank,
135	credit union, or savings and loan association; describing
136	how the moneys earned may be expended; allowing for the
137	investment of the funds; requiring that the accounting
138	system at the institution account for the revenues and
139	expenses of the activities; requiring that sales tax
140	moneys be remitted to the Department of Revenue; amending
141	s. 393.501, F.S.; revising the agency's rulemaking
142	authority; providing requirements for rules governing
143	alternative living centers and independent living
144	education centers; amending s. 394.453, F.S.; declaring
145	that the policy of the state is to achieve an ongoing
146	reduction of the use of restraint and seclusion on persons
147	with mental illness who are served by programs and
148	facilities operated, licensed, or monitored by the agency;
149	amending s. 394.455, F.S.; defining the terms "restraint"
150	and "seclusion" for purposes of the Baker Act; amending s.
151	394.457, F.S.; requiring the Department of Children and
152	Family Services to adopt rules for the use of restraint
153	and seclusion for cases handled under the Baker Act;
154	amending s. 394.879, F.S.; requiring that rules be adopted
155	for the use of restraint and seclusion; amending s.
156	397.405, F.S.; clarifying an exemption from licensure
157	provided to certain facilities licensed under ch. 393,
158	F.S.; amending s. 400.419, F.S.; requiring that a list of
159	facilities subject to sanctions or fines be disseminated
160	to the Agency for Persons with Disabilities; amending s.
161	400.960, F.S.; revising definitions for purposes of part
162	XI of ch. 400, F.S., relating to nursing homes and related
163	facilities; amending 400.962, F.S.; requiring an applicant
164	for a license to operate an intermediate care facility to
165	agree to provide or arrange for active treatment services;
166	providing rulemaking authority; amending s. 400.967, F.S.,
167	relating to rules and classification of deficiencies;
168	conforming provisions to the transfer of duties from the
169	Department of Children and Family Services to the Agency
170	for Persons with Disabilities; requiring that rules be
171	adopted for the use of restraint and seclusion; amending
172	ss. 402.115, 402.17, 402.181, 402.20, 402.22, and 402.33,
173	F.S.; including the Agency for Persons with Disabilities
174	within provisions governing the sharing of information,
175	claims for the care and maintenance of facility residents,
176	county contracts for services for persons with
177	developmental disabilities, education programs for
178	students who reside in state facilities, and fees for
179	services; conforming provisions to changes made by the
180	act; correcting a cross-reference; amending s. 408.036,
181	F.S., relating to projects that are exempt from obtaining
182	a certificate of need; conforming terminology; amending s.
183	409.221, F.S., relating to the consumer directed care
184	program; conforming provisions to changes made by the act;
185	amending ss. 409.908 and 409.9127, F.S., relating to the
186	Medicaid program; conforming a cross-reference; deleting
187	obsolete provisions; amending ss. 411.224 and 411.232,
188	F.S.; conforming provisions to the transfer of duties from
189	the Developmental Disabilities Program Office within the
190	Department of Children and Family Services to the Agency
191	for Persons with Disabilities; amending ss. 415.102,
192	415.1035, 415.1055, and 415.107, F.S.; conforming
193	terminology; including the Agency for Persons with
194	Disabilities within provisions providing requirements that
195	a facility inform residents of certain rights,
196	notification requirements for administrative entities, and
197	requirements for maintaining the confidentiality of
198	reports and records; amending s. 435.03, F.S., relating to
199	screening standards; conforming terminology and a cross-
200	reference; amending ss. 490.014 and 491.014, F.S.,
201	relating to exemptions from licensure for psychologists
202	and certain specified counselors, respectively; conforming
203	provisions to changes made by the act; amending ss.
204	944.602, 945.025, 947.185, and 985.224, F.S., relating to
205	the Department of Corrections, the Parole Commission, and
206	petitions alleging delinquency; conforming provisions to
207	the transfer of duties from the Developmental Disabilities
208	Program Office within the Department of Children and
209	Family Services to the Agency for Persons with
210	Disabilities; amending s. 1003.58, F.S.; including
211	facilities operated by the Agency for Persons with
212	Disabilities within provisions governing the residential
213	care of students; amending ss. 17.61 and 400.464, F.S.,
214	relating to investment of certain funds and home health
215	services for persons with disabilities, respectively;
216	conforming provisions to changes made by the act; amending
217	s. 744.704, F.S.; correcting a cross-reference; amending
218	s. 984.22, F.S.; removing a provision that specifies fines
219	be deposited into the Community Resources Development
220	Trust Fund; creating part III of ch. 282, F.S.; requiring
221	that the executive, legislative, and judicial branches of
222	state government provide to individuals with disabilities
223	access to and use of information and data that is
224	comparable to the information and data provided to
225	individuals who do not have disabilities; providing
226	certain exceptions; providing definitions; requiring that
227	each state agency use accessible electronic information
228	and information technology that conforms with specified
229	provisions of federal law; providing certain exceptions;
230	requiring the Department of Management Services to adopt
231	rules; providing an exception for electronic information
232	and information technology involving military activities
233	or criminal intelligence activities; specifying that the
234	act applies to competitive solicitations; providing
235	legislative intent; providing an effective date.
236
237	Be It Enacted by the Legislature of the State of Florida:
238
239	Section 1.  Section 20.197, Florida Statutes, is amended to
240	read:
241	20.197  Agency for Persons with Disabilities.--There is
242	created the Agency for Persons with Disabilities, housed within
243	the Department of Children and Family Services for
244	administrative purposes only. The agency shall be a separate
245	budget entity not subject to control, supervision, or direction
246	by the Department of Children and Family Services in any manner,
247	including, but not limited to, personnel, purchasing,
248	transactions involving real or personal property, and budgetary
249	matters.
250	(1)  The director of the agency shall be the agency head
251	for all purposes and shall be appointed by the Governor, subject
252	to confirmation by the Senate, and shall serve at the pleasure
253	of the Governor. The director shall administer the affairs of
254	the agency and establish administrative units as needed and may,
255	within available resources, employ assistants, professional
256	staff, and other employees as necessary to discharge the powers
257	and duties of the agency.
258	(2)  The agency shall include a Division of Budget and
259	Planning and a Division of Operations. In addition, and in
260	accordance with s. 20.04, the director of the agency may
261	recommend establishing additional divisions, bureaus, sections,
262	and subsections of the agency in order to promote efficient and
263	effective operation of the agency.
264	(3)(2)  The agency is shall be responsible for providing
265	the provision of all services provided to persons with
266	developmental disabilities under pursuant to chapter 393,
267	including the operation of all state institutional programs and
268	the programmatic management of Medicaid waivers established to
269	provide services to persons with developmental disabilities.
270	(4)(3)  The agency shall engage in such other
271	administrative activities as are deemed necessary to effectively
272	and efficiently address the needs of the agency's clients.
273	(5)(4)  The agency shall enter into an interagency
274	agreement that delineates the responsibilities of the Agency for
275	Health Care Administration for the following:
276	(a)  The terms and execution of contracts with Medicaid
277	providers for the provision of services provided through
278	Medicaid, including federally approved waiver programs.
279	(b)  The billing, payment, and reconciliation of claims for
280	Medicaid services reimbursed by the agency.
281	(c)  The implementation of utilization management measures,
282	including the prior authorization of services plans and the
283	streamlining and consolidation of waivers services, to ensure
284	the cost-effective provision of needed Medicaid services and to
285	maximize the number of persons with access to such services.
286	(d)  A system of approving each client's plan of care to
287	ensure that the services on the plan of care are those that
288	without which the client would require the services of an
289	intermediate care facility for the developmentally disabled.
290	Section 2.  Paragraph (b) of subsection (7) of section
291	39.001, Florida Statutes, is amended to read:
292	39.001  Purposes and intent; personnel standards and
293	screening.--
294	(7)  PLAN FOR COMPREHENSIVE APPROACH.--
295	(b)  The development of the comprehensive state plan shall
296	be accomplished in the following manner:
297	1.  The department shall establish an interprogram task
298	force comprised of the Program Director for Family Safety, or a
299	designee, a representative from the Child Care Services Program
300	Office, a representative from the Family Safety Program Office,
301	a representative from the Mental Health Program Office, a
302	representative from the Substance Abuse Program Office, a
303	representative from the Agency for Persons with Disabilities
304	Developmental Disabilities Program Office, and a representative
305	from the Division of Children's Medical Services Network
306	Prevention and Intervention of the Department of Health.
307	Representatives of the Department of Law Enforcement and of the
308	Department of Education shall serve as ex officio members of the
309	interprogram task force. The interprogram task force shall be
310	responsible for:
311	a.  Developing a plan of action for better coordination and
312	integration of the goals, activities, and funding pertaining to
313	the prevention of child abuse, abandonment, and neglect
314	conducted by the department in order to maximize staff and
315	resources at the state level. The plan of action shall be
316	included in the state plan.
317	b.  Providing a basic format to be utilized by the
318	districts in the preparation of local plans of action in order
319	to provide for uniformity in the district plans and to provide
320	for greater ease in compiling information for the state plan.
321	c.  Providing the districts with technical assistance in
322	the development of local plans of action, if requested.
323	d.  Examining the local plans to determine if all the
324	requirements of the local plans have been met and, if they have
325	not, informing the districts of the deficiencies and requesting
326	the additional information needed.
327	e.  Preparing the state plan for submission to the
328	Legislature and the Governor. Such preparation shall include the
329	collapsing of information obtained from the local plans, the
330	cooperative plans with the Department of Education, and the plan
331	of action for coordination and integration of departmental
332	activities into one comprehensive plan. The comprehensive plan
333	shall include a section reflecting general conditions and needs,
334	an analysis of variations based on population or geographic
335	areas, identified problems, and recommendations for change. In
336	essence, the plan shall provide an analysis and summary of each
337	element of the local plans to provide a statewide perspective.
338	The plan shall also include each separate local plan of action.
339	f.  Working with the specified state agency in fulfilling
340	the requirements of subparagraphs 2., 3., 4., and 5.
341	2.  The department, the Department of Education, and the
342	Department of Health shall work together in developing ways to
343	inform and instruct parents of school children and appropriate
344	district school personnel in all school districts in the
345	detection of child abuse, abandonment, and neglect and in the
346	proper action that should be taken in a suspected case of child
347	abuse, abandonment, or neglect, and in caring for a child's
348	needs after a report is made. The plan for accomplishing this
349	end shall be included in the state plan.
350	3.  The department, the Department of Law Enforcement, and
351	the Department of Health shall work together in developing ways
352	to inform and instruct appropriate local law enforcement
353	personnel in the detection of child abuse, abandonment, and
354	neglect and in the proper action that should be taken in a
355	suspected case of child abuse, abandonment, or neglect.
356	4.  Within existing appropriations, the department shall
357	work with other appropriate public and private agencies to
358	emphasize efforts to educate the general public about the
359	problem of and ways to detect child abuse, abandonment, and
360	neglect and in the proper action that should be taken in a
361	suspected case of child abuse, abandonment, or neglect. The plan
362	for accomplishing this end shall be included in the state plan.
363	5.  The department, the Department of Education, and the
364	Department of Health shall work together on the enhancement or
365	adaptation of curriculum materials to assist instructional
366	personnel in providing instruction through a multidisciplinary
367	approach on the identification, intervention, and prevention of
368	child abuse, abandonment, and neglect. The curriculum materials
369	shall be geared toward a sequential program of instruction at
370	the four progressional levels, K-3, 4-6, 7-9, and 10-12.
371	Strategies for encouraging all school districts to utilize the
372	curriculum are to be included in the comprehensive state plan
373	for the prevention of child abuse, abandonment, and neglect.
374	6.  Each district of the department shall develop a plan
375	for its specific geographical area. The plan developed at the
376	district level shall be submitted to the interprogram task force
377	for utilization in preparing the state plan. The district local
378	plan of action shall be prepared with the involvement and
379	assistance of the local agencies and organizations listed in
380	paragraph (a), as well as representatives from those
381	departmental district offices participating in the treatment and
382	prevention of child abuse, abandonment, and neglect. In order to
383	accomplish this, the district administrator in each district
384	shall establish a task force on the prevention of child abuse,
385	abandonment, and neglect. The district administrator shall
386	appoint the members of the task force in accordance with the
387	membership requirements of this section. In addition, the
388	district administrator shall ensure that each subdistrict is
389	represented on the task force; and, if the district does not
390	have subdistricts, the district administrator shall ensure that
391	both urban and rural areas are represented on the task force.
392	The task force shall develop a written statement clearly
393	identifying its operating procedures, purpose, overall
394	responsibilities, and method of meeting responsibilities. The
395	district plan of action to be prepared by the task force shall
396	include, but shall not be limited to:
397	a.  Documentation of the magnitude of the problems of child
398	abuse, including sexual abuse, physical abuse, and emotional
399	abuse, and child abandonment and neglect in its geographical
400	area.
401	b.  A description of programs currently serving abused,
402	abandoned, and neglected children and their families and a
403	description of programs for the prevention of child abuse,
404	abandonment, and neglect, including information on the impact,
405	cost-effectiveness, and sources of funding of such programs.
406	c.  A continuum of programs and services necessary for a
407	comprehensive approach to the prevention of all types of child
408	abuse, abandonment, and neglect as well as a brief description
409	of such programs and services.
410	d.  A description, documentation, and priority ranking of
411	local needs related to child abuse, abandonment, and neglect
412	prevention based upon the continuum of programs and services.
413	e.  A plan for steps to be taken in meeting identified
414	needs, including the coordination and integration of services to
415	avoid unnecessary duplication and cost, and for alternative
416	funding strategies for meeting needs through the reallocation of
417	existing resources, utilization of volunteers, contracting with
418	local universities for services, and local government or private
419	agency funding.
420	f.  A description of barriers to the accomplishment of a
421	comprehensive approach to the prevention of child abuse,
422	abandonment, and neglect.
423	g.  Recommendations for changes that can be accomplished
424	only at the state program level or by legislative action.
425	Section 3.  Paragraphs (a) and (h) of subsection (2) of
426	section 39.202, Florida Statutes, are amended to read:
427	39.202  Confidentiality of reports and records in cases of
428	child abuse or neglect.--
429	(2)  Except as provided in subsection (4), access to such
430	records, excluding the name of the reporter which shall be
431	released only as provided in subsection (5), shall be granted
432	only to the following persons, officials, and agencies:
433	(a)  Employees, authorized agents, or contract providers of
434	the department, the Department of Health, the Agency for Persons
435	with Disabilities, or county agencies responsible for carrying
436	out:
437	1.  Child or adult protective investigations;
438	2.  Ongoing child or adult protective services;
439	3.  Healthy Start services; or
440	4.  Licensure or approval of adoptive homes, foster homes,
441	or child care facilities, facilities licensed under chapter 393,
442	or family day care homes or informal child care providers who
443	receive subsidized child care funding, or other homes used to
444	provide for the care and welfare of children.
445	5.  Services for victims of domestic violence when provided
446	by certified domestic violence centers working at the
447	department's request as case consultants or with shared clients.
448
449	Also, employees or agents of the Department of Juvenile Justice
450	responsible for the provision of services to children, pursuant
451	to chapters 984 and 985.
452	(h)  Any appropriate official of the department or the
453	Agency for Persons with Disabilities who is responsible for:
454	1.  Administration or supervision of the department's
455	program for the prevention, investigation, or treatment of child
456	abuse, abandonment, or neglect, or abuse, neglect, or
457	exploitation of a vulnerable adult, when carrying out his or her
458	official function;
459	2.  Taking appropriate administrative action concerning an
460	employee of the department or the agency who is alleged to have
461	perpetrated child abuse, abandonment, or neglect, or abuse,
462	neglect, or exploitation of a vulnerable adult; or
463	3.  Employing and continuing employment of personnel of the
464	department or the agency.
465	Section 4.  Subsection (5) of section 39.407, Florida
466	Statutes, is amended to read:
467	39.407  Medical, psychiatric, and psychological examination
468	and treatment of child; physical or mental examination of parent
469	or person requesting custody of child.--
470	(5)  A judge may order a child in an out-of-home placement
471	to be treated by a licensed health care professional based on
472	evidence that the child should receive treatment. The judge may
473	also order such child to receive mental health or developmental
474	disabilities services from a psychiatrist, psychologist, or
475	other appropriate service provider. Except as provided in
476	subsection (6), if it is necessary to place the child in a
477	residential facility for such services, the procedures and
478	criteria established in s. 394.467 or chapter 393 shall be used,
479	whichever is applicable. A child may be provided developmental
480	disabilities or mental health services in emergency situations,
481	pursuant to the procedures and criteria contained in s.
482	394.463(1) or chapter 393, whichever is applicable. Nothing in
483	this section confers jurisdiction on the court with regard to
484	determining eligibility or ordering services under chapter 393.
485	Section 5.  Section 287.155, Florida Statutes, is amended
486	to read:
487	287.155  Motor vehicles; purchase by Division of
488	Universities, Department of Children and Family Services, Agency
489	for Persons with Disabilities, Department of Health, Department
490	of Juvenile Justice, and Department of Corrections.--
491	(1)  The Division of Universities of the Department of
492	Education, the Department of Children and Family Services, the
493	Agency for Persons with Disabilities, the Department of Health,
494	the Department of Juvenile Justice, and the Department of
495	Corrections may are hereby authorized, subject to the approval
496	of the Department of Management Services, to purchase
497	automobiles, trucks, tractors, and other automotive equipment
498	for the use of institutions under the management of the Division
499	of Universities, the Department of Children and Family Services,
500	the Agency for Persons with Disabilities, the Department of
501	Health, and the Department of Corrections, and for the use of
502	residential facilities managed or contracted by the Department
503	of Juvenile Justice.
504	(2)  The Department of Corrections shall, prior to
505	purchasing motor vehicles, seek to procure the motor vehicles
506	from those vehicles renovated pursuant to correctional work
507	programs of the Department of Corrections, and for the use of
508	residential facilities managed or contracted by the Department
509	of Juvenile Justice.
510	(3)  The Department of Health is authorized, subject to the
511	approval of the Department of Management Services, to purchase
512	automobiles, trucks, and other automotive equipment for use by
513	county health departments.
514	Section 6.  Paragraph (a) of subsection (3) of section
515	381.0072, Florida Statutes, is amended to read:
516	381.0072  Food service protection.--It shall be the duty of
517	the Department of Health to adopt and enforce sanitation rules
518	consistent with law to ensure the protection of the public from
519	food-borne illness. These rules shall provide the standards and
520	requirements for the storage, preparation, serving, or display
521	of food in food service establishments as defined in this
522	section and which are not permitted or licensed under chapter
523	500 or chapter 509.
524	(3)  LICENSES REQUIRED.--
525	(a)  Licenses; annual renewals.--Each food service
526	establishment regulated under this section shall obtain a
527	license from the department annually. Food service establishment
528	licenses shall expire annually and are shall not be transferable
529	from one place or individual to another. However, those
530	facilities licensed by the department's Office of Licensure and
531	Certification, the Child Care Services Program Office, or the
532	Agency for Persons with Developmental Disabilities Program
533	Office are exempt from this subsection. It shall be a
534	misdemeanor of the second degree, punishable as provided in s.
535	381.0061, s. 775.082, or s. 775.083, for such an establishment
536	to operate without this license. The department may refuse a
537	license, or a renewal thereof, to any establishment that is not
538	constructed or maintained in accordance with law and with the
539	rules of the department. Annual application for renewal is shall
540	not be required.
541	Section 7.  Subsection (5) of section 383.14, Florida
542	Statutes, is amended to read:
543	383.14  Screening for metabolic disorders, other hereditary
544	and congenital disorders, and environmental risk factors.--
545	(5)  ADVISORY COUNCIL.--There is established a Genetics and
546	Newborn Screening Advisory Council made up of 15 members
547	appointed by the Secretary of Health. The council shall be
548	composed of two consumer members, three practicing
549	pediatricians, at least one of whom must be a pediatric
550	hematologist, one representative from each of the four medical
551	schools in the state, the Secretary of Health or his or her
552	designee, one representative from the Department of Health
553	representing Children's Medical Services, one representative
554	from the Florida Hospital Association, one individual with
555	experience in newborn screening programs, one individual
556	representing audiologists, and one representative from the
557	Agency for Persons with Disabilities Developmental Disabilities
558	Program Office of the Department of Children and Family
559	Services. All appointments shall be for a term of 4 years. The
560	chairperson of the council shall be elected from the membership
561	of the council and shall serve for a period of 2 years. The
562	council shall meet at least semiannually or upon the call of the
563	chairperson. The council may establish ad hoc or temporary
564	technical advisory groups to assist the council with specific
565	topics which come before the council. Council members shall
566	serve without pay. Pursuant to the provisions of s. 112.061, the
567	council members are entitled to be reimbursed for per diem and
568	travel expenses. It is the purpose of the council to advise the
569	department about:
570	(a)  Conditions for which testing should be included under
571	the screening program and the genetics program.
572	(b)  Procedures for collection and transmission of
573	specimens and recording of results.
574	(c)  Methods whereby screening programs and genetics
575	services for children now provided or proposed to be offered in
576	the state may be more effectively evaluated, coordinated, and
577	consolidated.
578	Section 8.  Section 393.061, Florida Statutes, is repealed.
579	Section 9.  Section 393.062, Florida Statutes, is amended
580	to read:
581	393.062  Legislative findings and declaration of
582	intent.--The Legislature finds and declares that existing state
583	programs for the treatment of individuals with developmental
584	disabilities who are developmentally disabled, which often
585	unnecessarily place clients in institutions, are unreasonably
586	costly, are ineffective in bringing the individual client to his
587	or her maximum potential, and are in fact debilitating to many a
588	great majority of clients. A redirection in state treatment
589	programs for individuals with developmental disabilities who are
590	developmentally disabled is necessary if any significant
591	amelioration of the problems faced by such individuals is ever
592	to take place. Such redirection should place primary emphasis on
593	programs that have the potential to prevent or reduce the
594	severity of developmental disabilities. Further, the Legislature
595	declares that greatest priority shall be given to the
596	development and implementation of community-based residential
597	placements, services that, and treatment programs for
598	individuals who are developmentally disabled which will enable
599	such individuals with developmental disabilities to achieve
600	their greatest potential for independent and productive living,
601	which will enable them to live in their own homes or in
602	residences located in their own communities, and which will
603	permit them to be diverted or removed from unnecessary
604	institutional placements. This goal The Legislature finds that
605	the eligibility criteria for intermediate-care facilities for
606	the developmentally disabled which are specified in the Medicaid
607	state plan in effect on the effective date of this act are
608	essential to the system of residential services. The Legislature
609	declares that the goal of this act, to improve the quality of
610	life of all developmentally disabled persons by the development
611	and implementation of community-based residential placements,
612	services, and treatment, cannot be met without ensuring the
613	availability of community residential opportunities for
614	developmentally disabled persons in the residential areas of
615	this state. The Legislature, therefore, declares that all
616	persons with developmental disabilities who live in licensed
617	community homes shall have a family living environment
618	comparable to other Floridians and. The Legislature intends that
619	such residences shall be considered and treated as a functional
620	equivalent of a family unit and not as an institution, business,
621	or boarding home. The Legislature further declares that, in
622	developing community-based programs and services for individuals
623	with developmental disabilities who are developmentally
624	disabled, private businesses, not-for-profit corporations, units
625	of local government, and other organizations capable of
626	providing needed services to clients in a cost-efficient manner
627	shall be given preference in lieu of operation of programs
628	directly by state agencies. Finally, it is the intent of the
629	Legislature that all caretakers unrelated to individuals with
630	developmental disabilities receiving care shall be of good moral
631	character.
632	Section 10.  Section 393.063, Florida Statutes, is amended
633	to read:
634	393.063  Definitions.--For the purposes of this chapter,
635	the term:
636	(1)  "Agency" means the Agency for Persons with
637	Disabilities.
638	(2)  "Adult day training" means training services which
639	take place in a nonresidential setting, separate from the home
640	or facility in which the client resides, are intended to support
641	the participation of clients in daily, meaningful, and valued
642	routines of the community, and may include work-like settings
643	that do not meet the definition of supported employment.
644	(3)(2)  "Autism" means a pervasive, neurologically based
645	developmental disability of extended duration which causes
646	severe learning, communication, and behavior disorders with age
647	of onset during infancy or childhood. Individuals with autism
648	exhibit impairment in reciprocal social interaction, impairment
649	in verbal and nonverbal communication and imaginative ability,
650	and a markedly restricted repertoire of activities and
651	interests.
652	(4)(3)  "Cerebral palsy" means a group of disabling
653	symptoms of extended duration which results from damage to the
654	developing brain that may occur before, during, or after birth
655	and that results in the loss or impairment of control over
656	voluntary muscles. For the purposes of this definition, cerebral
657	palsy does not include those symptoms or impairments resulting
658	solely from a stroke.
659	(5)(4)  "Client" means any person determined eligible by
660	the agency for services under this chapter.
661	(6)(5)  "Client advocate" means a friend or relative of the
662	client, or of the client's immediate family, who advocates for
663	the best interests of the client in any proceedings under this
664	chapter in which the client or his or her family has the right
665	or duty to participate.
666	(7)(6)  "Comprehensive assessment" means the process used
667	to determine eligibility for services under this chapter.
668	(8)(7)  "Comprehensive transitional education program"
669	means the program established in s. 393.18. a group of jointly
670	operating centers or units, the collective purpose of which is
671	to provide a sequential series of educational care, training,
672	treatment, habilitation, and rehabilitation services to persons
673	who have developmental disabilities and who have severe or
674	moderate maladaptive behaviors. However, nothing in this
675	subsection shall require such programs to provide services only
676	to persons with developmental disabilities. All such services
677	shall be temporary in nature and delivered in a structured
678	residential setting with the primary goal of incorporating the
679	normalization principle to establish permanent residence for
680	persons with maladaptive behaviors in facilities not associated
681	with the comprehensive transitional education program. The staff
682	shall include psychologists and teachers who shall be available
683	to provide services in each component center or unit of the
684	program. The psychologists shall be individuals who are licensed
685	in this state and certified as behavior analysts in this state,
686	or individuals who are certified as behavior analysts pursuant
687	to s. 393.17.
688	(a)  Comprehensive transitional education programs shall
689	include a minimum of two component centers or units, one of
690	which shall be either an intensive treatment and educational
691	center or a transitional training and educational center, which
692	provide services to persons with maladaptive behaviors in the
693	following sequential order:
694	1.  Intensive treatment and educational center. This
695	component is a self-contained residential unit providing
696	intensive psychological and educational programming for persons
697	with severe maladaptive behaviors, whose behaviors preclude
698	placement in a less restrictive environment due to the threat of
699	danger or injury to themselves or others.
700	2.  Transitional training and educational center. This
701	component is a residential unit for persons with moderate
702	maladaptive behaviors, providing concentrated psychological and
703	educational programming emphasizing a transition toward a less
704	restrictive environment.
705	3.  Community transition residence. This component is a
706	residential center providing educational programs and such
707	support services, training, and care as are needed to assist
708	persons with maladaptive behaviors to avoid regression to more
709	restrictive environments while preparing them for more
710	independent living. Continuous-shift staff shall be required for
711	this component.
712	4.  Alternative living center. This component is a
713	residential unit providing an educational and family living
714	environment for persons with maladaptive behaviors, in a
715	moderately unrestricted setting. Residential staff shall be
716	required for this component.
717	5.  Independent living education center. This component is
718	a facility providing a family living environment for persons
719	with maladaptive behaviors, in a largely unrestricted setting
720	which includes education and monitoring appropriate to support
721	the development of independent living skills.
722	(b)  Centers or units that are components of a
723	comprehensive transitional education program are subject to the
724	license issued to the comprehensive transitional education
725	program and may be located on either single or multiple sites.
726	(c)  Comprehensive transitional education programs shall
727	develop individual education plans for each person with
728	maladaptive behaviors who receives services therein. Such
729	individual education plans shall be developed in accordance with
730	the criteria specified in 20 U.S.C. ss. 401 et seq., and 34
731	C.F.R. part 300.
732	(d)  In no instance shall the total number of persons with
733	maladaptive behaviors being provided services in a comprehensive
734	transitional education program exceed 120.
735	(e)  This subsection shall authorize licensure for
736	comprehensive transitional education programs which by July 1,
737	1989:
738	1.  Are in actual operation; or
739	2.  Own a fee simple interest in real property for which a
740	county or city government has approved zoning allowing for the
741	placement of the facilities described in this subsection, and
742	have registered an intent with the department to operate a
743	comprehensive transitional education program. However, nothing
744	shall prohibit the assignment by such a registrant to another
745	entity at a different site within the state, so long as there is
746	compliance with all criteria of the comprehensive transitional
747	education program and local zoning requirements and provided
748	that each residential facility within the component centers or
749	units of the program authorized under this subparagraph shall
750	not exceed a capacity of 15 persons.
751	(8)  "Day habilitation facility" means any nonresidential
752	facility which provides day habilitation services.
753	(9)  "Day habilitation service" means assistance with the
754	acquisition, retention, or improvement in self-help,
755	socialization, and adaptive skills which takes place in a
756	nonresidential setting, separate from the home or facility in
757	which the individual resides. Day habilitation services shall
758	focus on enabling the individual to attain or maintain his or
759	her maximum functional level and shall be coordinated with any
760	physical, occupational, or speech therapies listed in the plan
761	of care.
762	(9)(10)  "Developmental disability" means a disorder or
763	syndrome that is attributable to retardation, cerebral palsy,
764	autism, spina bifida, or Prader-Willi syndrome; that manifests
765	before the age of 18; and that constitutes a substantial
766	handicap that can reasonably be expected to continue
767	indefinitely.
768	(10)(11)  "Developmental disabilities institution" means a
769	state-owned and state-operated facility, formerly known as a
770	"Sunland Center," providing for the care, habilitation, and
771	rehabilitation of clients with developmental disabilities.
772	(11)(12)  "Direct service provider," also known as
773	"caregiver" in chapters 39 and 415 or "caretaker" in provisions
774	relating to employment security checks, means a person 18 years
775	of age or older who has direct face-to-face contact with a
776	client while providing services to the client individuals with
777	developmental disabilities, or has access to a client's living
778	areas or to a client's funds or personal property, and is not a
779	relative of such individuals.
780	(12)(13)  "Domicile" means the place where a client legally
781	resides, which place is his or her permanent home. Domicile may
782	be established as provided in s. 222.17. Domicile may not be
783	established in Florida by a minor who has no parent domiciled in
784	Florida, or by a minor who has no legal guardian domiciled in
785	Florida, or by any alien not classified as a resident alien.
786	(14)  "Enclave" means a work station in public or private
787	business or industry where a small group of persons with
788	developmental disabilities is employed and receives training and
789	support services or follow-along services among nonhandicapped
790	workers.
791	(15)  "Epilepsy" means a chronic brain disorder of various
792	causes which is characterized by recurrent seizures due to
793	excessive discharge of cerebral neurons. When found concurrently
794	with retardation, autism, or cerebral palsy, epilepsy is
795	considered a secondary disability for which the client is
796	eligible to receive services to ameliorate this condition
797	pursuant to this chapter.
798	(13)(16)  "Express and informed consent" means consent
799	voluntarily given in writing with sufficient knowledge and
800	comprehension of the subject matter involved to enable the
801	person giving consent to make a knowing an understanding and
802	enlightened decision without any element of force, fraud,
803	deceit, duress, or other form of constraint or coercion.
804	(14)(17)  "Family care program" means the program
805	established in s. 393.068.
806	(18)  "Follow-along services" means those support services
807	provided to persons with developmental disabilities in all
808	supported employment programs and may include, but are not
809	limited to, family support, assistance in meeting transportation
810	and medical needs, employer intervention, performance
811	evaluation, advocacy, replacement, retraining or promotional
812	assistance, or other similar support services.
813	(15)(19)  "Foster care facility" means a residential
814	facility licensed under this chapter which provides a family
815	living environment including supervision and care necessary to
816	meet the physical, emotional, and social needs of its residents.
817	The capacity of such a facility may shall not be more than three
818	residents.
819	(16)(20)  "Group home facility" means a residential
820	facility licensed under this chapter which provides a family
821	living environment including supervision and care necessary to
822	meet the physical, emotional, and social needs of its residents.
823	The capacity of such a facility shall be at least 4 but not more
824	than 15 residents. For the purposes of this chapter, group home
825	facilities shall not be considered commercial enterprises.
826	(17)(21)  "Guardian advocate" means a person appointed by a
827	written order of the court to represent a person with
828	developmental disabilities under s. 393.12.
829	(18)(22)  "Habilitation" means the process by which a
830	client is assisted to acquire and maintain those life skills
831	which enable the client to cope more effectively with the
832	demands of his or her condition and environment and to raise the
833	level of his or her physical, mental, and social efficiency. It
834	includes, but is not limited to, programs of formal structured
835	education and treatment.
836	(19)(23)  "High-risk child" means, for the purposes of this
837	chapter, a child from 3 birth to 5 years of age with one or more
838	of the following characteristics:
839	(a)  A developmental delay in cognition, language, or
840	physical development.
841	(b)  A child surviving a catastrophic infectious or
842	traumatic illness known to be associated with developmental
843	delay, when funds are specifically appropriated.
844	(c)  A child with a parent or guardian with developmental
845	disabilities who requires assistance in meeting the child's
846	developmental needs.
847	(d)  A child who has a physical or genetic anomaly
848	associated with developmental disability.
849	(20)(24)  "Intermediate care facility for the
850	developmentally disabled" or "ICF/DD" means a residential
851	facility licensed and certified pursuant to part XI of chapter
852	400.
853	(25)  "Job coach" means a person who provides employment-
854	related training at a worksite to individuals with developmental
855	disabilities.
856	(21)(26)  "Medical/dental services" means medically
857	necessary those services which are provided or ordered for a
858	client by a person licensed under pursuant to the provisions of
859	chapter 458, chapter 459, or chapter 466. Such services may
860	include, but are not limited to, prescription drugs, specialized
861	therapies, nursing supervision, hospitalization, dietary
862	services, prosthetic devices, surgery, specialized equipment and
863	supplies, adaptive equipment, and other services as required to
864	prevent or alleviate a medical or dental condition.
865	(27)  "Mobile work crew" means a group of workers employed
866	by an agency that provides services outside the agency, usually
867	under service contracts.
868	(28)  "Normalization principle" means the principle of
869	letting the client obtain an existence as close to the normal as
870	possible, making available to the client patterns and conditions
871	of everyday life which are as close as possible to the norm and
872	patterns of the mainstream of society.
873	(22)(29)  "Personal care services" means include, but are
874	not limited to, such services as: individual assistance with or
875	supervision of essential activities of daily living for self-
876	care, including ambulation, bathing, dressing, eating, grooming,
877	and toileting, and other similar services that are incidental to
878	the care furnished and essential to the health, safety, and
879	welfare of the client when there is no one else available to
880	perform those services the agency may define by rule. "Personal
881	services" shall not be construed to mean the provision of
882	medical, nursing, dental, or mental health services by the staff
883	of a facility, except as provided in this chapter. In addition,
884	an emergency response device installed in the apartment or
885	living area of a resident shall not be classified as a personal
886	service.
887	(23)(30)  "Prader-Willi syndrome" means an inherited
888	condition typified by neonatal hypotonia with failure to thrive,
889	hyperphagia or an excessive drive to eat which leads to obesity
890	usually at 18 to 36 months of age, mild to moderate mental
891	retardation, hypogonadism, short stature, mild facial
892	dysmorphism, and a characteristic neurobehavior.
893	(31)  "Reassessment" means a process which periodically
894	develops, through annual review and revision of a client's
895	family or individual support plan, a knowledgeable statement of
896	current needs and past development for each client.
897	(24)(32)  "Relative" means an individual who is connected
898	by affinity or consanguinity to the client and who is 18 years
899	of age or older more.
900	(25)(33)  "Resident" means any person with developmental
901	disabilities who is developmentally disabled residing at a
902	residential facility in the state, whether or not such person is
903	a client of the agency.
904	(26)(34)  "Residential facility" means a facility providing
905	room and board and personal care for persons with developmental
906	disabilities.
907	(27)(35)  "Residential habilitation" means supervision and
908	training assistance provided with the acquisition, retention, or
909	improvement in skills related to activities of daily living,
910	such as personal hygiene skills grooming and cleanliness,
911	homemaking skills bedmaking and household chores, eating and the
912	preparation of food, and the social and adaptive skills
913	necessary to enable the individual to reside in the community a
914	noninstitutional setting.
915	(28)(36)  "Residential habilitation center" means a
916	community residential facility licensed under this chapter which
917	that provides residential habilitation services. The capacity of
918	such a facility shall not be fewer than nine residents. After
919	October 1, 1989, no new residential habilitation centers may not
920	shall be licensed and the licensed capacity shall not be
921	increased for any existing residential habilitation center may
922	not be increased.
923	(29)(37)  "Respite service" means appropriate, short-term,
924	temporary care that is provided to a person with developmental
925	disabilities to meet the planned or emergency needs of the
926	person or the family or other direct service provider.
927	(30)  "Restraint" means a physical device, method, or drug
928	used to control dangerous behavior.
929	(a)  A physical restraint is any manual method or physical
930	or mechanical device, material, or equipment attached or
931	adjacent to the individual's body so that he or she cannot
932	easily remove the restraint and which restricts freedom of
933	movement or normal access to one's body.
934	(b)  A drug used as a restraint is a medication used to
935	control the person's behavior or to restrict his or her freedom
936	of movement and is not a standard treatment for the person's
937	medical or psychiatric condition. Physically holding a person
938	during a procedure to forcibly administer psychotropic
939	medication is a physical restraint.
940	(c)  Restraint does not include physical devices, such as
941	orthopedically prescribed appliances, surgical dressings and
942	bandages, supportive body bands, or other physical holding when
943	necessary for routine physical examinations and tests; for
944	purposes of orthopedic, surgical, or other similar medical
945	treatment; when used to provide support for the achievement of
946	functional body position or proper balance; or when used to
947	protect a person from falling out of bed.
948	(31)(38)  "Retardation" means significantly subaverage
949	general intellectual functioning existing concurrently with
950	deficits in adaptive behavior and manifested during the period
951	from conception to age 18. "Significantly subaverage general
952	intellectual functioning," for the purpose of this definition,
953	means performance which is two or more standard deviations from
954	the mean score on a standardized intelligence test specified in
955	the rules of the agency. "Adaptive behavior," for the purpose of
956	this definition, means the effectiveness or degree with which an
957	individual meets the standards of personal independence and
958	social responsibility expected of his or her age, cultural
959	group, and community.
960	(32)  "Seclusion" means the involuntary isolation of a
961	person in a room or area from which the person is prevented from
962	leaving. The prevention may be by physical barrier or by a staff
963	member who is acting in a manner, or who is physically situated,
964	so as to prevent the person from leaving the room or area. For
965	the purposes of this chapter, the term does not mean isolation
966	due to the medical condition or symptoms of the person.
967	(33)  "Self-determination" means an individual's freedom to
968	exercise the same rights as all other citizens, authority to
969	exercise control over funds needed for one's own support,
970	including prioritizing these funds when necessary,
971	responsibility for the wise use of public funds, and self
972	advocacy to speak and advocate for oneself in order to gain
973	independence and ensure that individuals with a developmental
974	disability are treated equally.
975	(39)  "Severe self-injurious behavior" means any chronic
976	behavior that results in injury to the person's own body, which
977	includes, but is not limited to, self-hitting, head banging,
978	self-biting, scratching, and the ingestion of harmful or
979	potentially harmful nutritive or nonnutritive substances.
980	(34)(40)  "Specialized therapies" means those treatments or
981	activities prescribed by and provided by an appropriately
982	trained, licensed, or certified professional or staff person and
983	may include, but are not limited to, physical therapy, speech
984	therapy, respiratory therapy, occupational therapy, behavior
985	therapy, physical management services, and related specialized
986	equipment and supplies.
987	(35)(41)  "Spina bifida" means, for purposes of this
988	chapter, a person with a medical diagnosis of spina bifida
989	cystica or myelomeningocele.
990	(36)(42)  "Support coordinator" means a person who is
991	designated by the agency to assist individuals and families in
992	identifying their capacities, needs, and resources, as well as
993	finding and gaining access to necessary supports and services;
994	coordinating the delivery of supports and services; advocating
995	on behalf of the individual and family; maintaining relevant
996	records; and monitoring and evaluating the delivery of supports
997	and services to determine the extent to which they meet the
998	needs and expectations identified by the individual, family, and
999	others who participated in the development of the support plan.
1000	(43)  "Supported employee" means a person who requires and
1001	receives supported employment services in order to maintain
1002	community-based employment.
1003	(37)(44)  "Supported employment" means employment located
1004	or provided in a normal employment setting which provides at
1005	least 20 hours employment per week in an integrated work
1006	setting, with earnings paid on a commensurate wage basis, and
1007	for which continued support is needed for job maintenance.
1008	(38)(45)  "Supported living" means a category of
1009	individually determined services designed and coordinated in
1010	such a manner as to provide assistance to adult clients who
1011	require ongoing supports to live as independently as possible in
1012	their own homes, to be integrated into the community, and to
1013	participate in community life to the fullest extent possible.
1014	(39)(46)  "Training" means a planned approach to assisting
1015	a client to attain or maintain his or her maximum potential and
1016	includes services ranging from sensory stimulation to
1017	instruction in skills for independent living and employment.
1018	(40)(47)  "Treatment" means the prevention, amelioration,
1019	or cure of a client's physical and mental disabilities or
1020	illnesses.
1021	Section 11.  Subsections (1), (2), and (4) of section
1022	393.064, Florida Statutes, are amended to read:
1023	393.064  Prevention.--
1024	(1)  The agency shall give priority to the development,
1025	planning, and implementation of programs which have the
1026	potential to prevent, correct, cure, or reduce the severity of
1027	developmental disabilities. The agency shall direct an
1028	interagency and interprogram effort for the continued
1029	development of a prevention plan and program. The agency shall
1030	identify, through demonstration projects, through program
1031	evaluation, and through monitoring of programs and projects
1032	conducted outside of the agency, any medical, social, economic,
1033	or educational methods, techniques, or procedures that have the
1034	potential to effectively ameliorate, correct, or cure
1035	developmental disabilities. The agency program shall determine
1036	the costs and benefits that would be associated with such
1037	prevention efforts and shall implement, or recommend the
1038	implementation of, those methods, techniques, or procedures
1039	which are found likely to be cost-beneficial.
1040	(2)  Prevention services provided by the agency shall
1041	developmental services program include services to high-risk and
1042	developmentally disabled children from 3 birth to 5 years of
1043	age, and their families, to meet the intent of chapter 411.
1044	Except for services for children from birth to age 3 years which
1045	Such services shall include individual evaluations or
1046	assessments necessary to diagnose a developmental disability or
1047	high-risk condition and to determine appropriate individual
1048	family and support services, unless evaluations or assessments
1049	are the responsibility of the Division of Children's Medical
1050	Services in the Department of Health Prevention and Intervention
1051	for children ages birth to 3 years eligible for services under
1052	this chapter or part H of the Individuals with Disabilities
1053	Education Act, such services and may include:
1054	(a)  Individual evaluations or assessments necessary to
1055	diagnose a developmental disability or high-risk condition and
1056	to determine appropriate, individual family and support
1057	services.
1058	(b)(a)  Early intervention services, including
1059	developmental training and specialized therapies. Early
1060	intervention services, which are the responsibility of the
1061	Division of Children's Medical Services Prevention and
1062	Intervention for children ages birth to 3 years who are eligible
1063	for services under this chapter or under part H of the
1064	Individuals with Disabilities Education Act, shall not be
1065	provided through the developmental services program unless
1066	funding is specifically appropriated to the developmental
1067	services program for this purpose.
1068	(c)(b)  Support services, such as respite care, parent
1069	education and training, parent-to-parent counseling, homemaker
1070	services, and other services which allow families to maintain
1071	and provide quality care to children in their homes. The
1072	Division of Children's Medical Services Prevention and
1073	Intervention is responsible for the provision of services to
1074	children from birth to 3 years who are eligible for services
1075	under this chapter.
1076	(4)  There is created at the developmental disabilities
1077	services institution in Gainesville a research and education
1078	unit. Such unit shall be named the Raymond C. Philips Research
1079	and Education Unit. The functions of such unit shall include:
1080	(a)  Research into the etiology of developmental
1081	disabilities.
1082	(b)  Ensuring that new knowledge is rapidly disseminated
1083	throughout the developmental services program of the agency.
1084	(c)  Diagnosis of unusual conditions and syndromes
1085	associated with developmental disabilities in clients identified
1086	throughout the developmental disabilities services programs.
1087	(d)  Evaluation of families of clients with developmental
1088	disabilities of genetic origin in order to provide them with
1089	genetic counseling aimed at preventing the recurrence of the
1090	disorder in other family members.
1091	(e)  Ensuring that health professionals in the
1092	developmental disabilities services institution at Gainesville
1093	have access to information systems that will allow them to
1094	remain updated on newer knowledge and maintain their
1095	postgraduate education standards.
1096	(f)  Enhancing staff training for professionals throughout
1097	the agency in the areas of genetics and developmental
1098	disabilities.
1099	Section 12.  Section 393.0641, Florida Statutes, is amended
1100	to read:
1101	393.0641  Program for the prevention and treatment of
1102	severe self-injurious behavior.--
1103	(1)  Contingent upon specific appropriations, there is
1104	created a diagnostic, treatment, training, and research program
1105	for clients exhibiting severe self-injurious behavior. As used
1106	in this section, the term "severe self-injurious behavior" means
1107	any chronic behavior that results in injury to the person's own
1108	body, including, but not limited to, self-hitting, head banging,
1109	self-biting, scratching, and the ingestion of harmful or
1110	potentially harmful nutritive or nonnutritive substances.
1111	(2)  The This program shall:
1112	(a)  Serve as a resource center for information, training,
1113	and program development.
1114	(b)  Research the diagnosis and treatment of severe self-
1115	injurious behavior, and related disorders, and develop methods
1116	of prevention and treatment of self-injurious behavior.
1117	(c)  Identify individuals in critical need.
1118	(d)  Develop treatment programs which are meaningful to
1119	individuals with developmental disabilities, in critical need,
1120	while safeguarding and respecting the legal and human rights of
1121	the individuals.
1122	(e)  Disseminate research findings on the prevention and
1123	treatment of severe self-injurious behavior.
1124	(f)  Collect data on the type, severity, incidence, and
1125	demographics of individuals with severe self-injurious behavior,
1126	and disseminate the data.
1127	(3)(2)  The This program shall adhere to the provisions of
1128	s. 393.13.
1129	(4)(3)  The agency may contract for the provision of any
1130	portion or all of the services required by the program.
1131	(5)(4)  The agency may has the authority to license this
1132	program and shall adopt rules to administer implement the
1133	program.
1134	Section 13.  Subsections (1) and (4) of section 393.065,
1135	Florida Statutes, are amended, and subsections (5) and (6) are
1136	added to that section, to read:
1137	393.065  Application and eligibility determination.--
1138	(1)  Application for services shall be made in writing to
1139	the agency, in the service area district in which the applicant
1140	resides. The agency Employees of the agency's developmental
1141	services program shall review each applicant for eligibility
1142	within 45 days after the date the application is signed for
1143	children under 6 years of age and within 60 days after the date
1144	the application is signed for all other applicants. When
1145	necessary to definitively identify individual conditions or
1146	needs, the agency shall provide a comprehensive assessment. Only
1147	applicants individuals whose domicile is in Florida are eligible
1148	for services. Information accumulated by other agencies,
1149	including professional reports and collateral data, shall be
1150	considered in this process when available.
1151	(4)  The agency shall assess the level of need and medical
1152	necessity for prospective residents of intermediate-care
1153	facilities for the developmentally disabled after October 1,
1154	1999. The agency may enter into an agreement with the Department
1155	of Elderly Affairs for its Comprehensive Assessment and Review
1156	for Long-Term-Care Services (CARES) program to conduct
1157	assessments to determine the level of need and medical necessity
1158	for long-term-care services under this chapter. To the extent
1159	permissible under federal law, the assessments shall must be
1160	funded under Title XIX of the Social Security Act.
1161	(5)  With the exception of clients deemed to be in crisis
1162	whom the agency shall serve as described in rule, the agency
1163	shall place at the top of its wait list for waiver services
1164	those children on the wait list who are from the child welfare
1165	system with an open case in the Department of Children and
1166	Family Services' statewide automated child welfare information
1167	system.
1168	(6)  The agency may adopt rules specifying application
1169	procedures and eligibility criteria as needed to administer this
1170	section.
1171	Section 14.  Section 393.0651, Florida Statutes, is amended
1172	to read:
1173	393.0651  Family or individual support plan.--The agency
1174	shall provide directly or contract for the development of a an
1175	appropriate family support plan for children ages 3 birth to 18
1176	years of age and an individual support plan for each client. The
1177	parent or guardian of The client or, if competent, the client's
1178	parent or guardian client, or, when appropriate, the client
1179	advocate, shall be consulted in the development of the plan and
1180	shall receive a copy of the plan. Each plan must shall include
1181	the most appropriate, least restrictive, and most cost-
1182	beneficial environment for accomplishment of the objectives for
1183	client progress and a specification of all services authorized.
1184	The plan must shall include provisions for the most appropriate
1185	level of care for the client. Within the specification of needs
1186	and services for each client, when residential care is
1187	necessary, the agency shall move toward placement of clients in
1188	residential facilities based within the client's community. The
1189	ultimate goal of each plan, whenever possible, shall be to
1190	enable the client to live a dignified life in the least
1191	restrictive setting, be that in the home or in the community.
1192	For children under 6 years of age, the family support plan shall
1193	be developed within the 45-day application period as specified
1194	in s. 393.065(1); for all applicants 6 years of age or older,
1195	the family or individual support plan shall be developed within
1196	the 60-day period as specified in that subsection.
1197	(1)  The agency shall develop and specify by rule the core
1198	components of support plans to be used by each district.
1199	(2)(a)  The family or individual support plan shall be
1200	integrated with the individual education plan (IEP) for all
1201	clients who are public school students entitled to a free
1202	appropriate public education under the Individuals with
1203	Disabilities Education Act, I.D.E.A., as amended. The family or
1204	individual support plan and IEP shall be implemented to maximize
1205	the attainment of educational and habilitation goals.
1206	(a)  If the IEP for a student enrolled in a public school
1207	program indicates placement in a public or private residential
1208	program is necessary to provide special education and related
1209	services to a client, the local education agency shall provide
1210	for the costs of that service in accordance with the
1211	requirements of the Individuals with Disabilities Education Act,
1212	I.D.E.A., as amended. This shall not preclude local education
1213	agencies and the agency from sharing the residential service
1214	costs of students who are clients and require residential
1215	placement. Under no circumstances shall clients entitled to a
1216	public education or their parents be assessed a fee by the
1217	agency under s. 402.33 for placement in a residential program.
1218	(b)  For clients who are entering or exiting the school
1219	system, an interdepartmental staffing team composed of
1220	representatives of the agency and the local school system shall
1221	develop a written transitional living and training plan with the
1222	participation of the client or with the parent or guardian of
1223	the client, or the client advocate, as appropriate.
1224	(3)  Each family or individual support plan shall be
1225	facilitated through case management designed solely to advance
1226	the individual needs of the client.
1227	(4)  In the development of the family or individual support
1228	plan, a client advocate may be appointed by the support planning
1229	team for a client who is a minor or for a client who is not
1230	capable of express and informed consent when:
1231	(a)  The parent or guardian cannot be identified;
1232	(b)  The whereabouts of the parent or guardian cannot be
1233	discovered; or
1234	(c)  The state is the only legal representative of the
1235	client.
1236
1237	Such appointment shall not be construed to extend the powers of
1238	the client advocate to include any of those powers delegated by
1239	law to a legal guardian.
1240	(5)  The agency shall place a client in the most
1241	appropriate and least restrictive, and cost-beneficial,
1242	residential facility according to his or her individual support
1243	habilitation plan. The parent or guardian of The client or, if
1244	competent, the client's parent or guardian client, or, when
1245	appropriate, the client advocate, and the administrator of the
1246	residential facility to which placement is proposed shall be
1247	consulted in determining the appropriate placement for the
1248	client. Considerations for placement shall be made in the
1249	following order:
1250	(a)  Client's own home or the home of a family member or
1251	direct service provider.
1252	(b)  Foster care facility.
1253	(c)  Group home facility.
1254	(d)  Intermediate care facility for the developmentally
1255	disabled.
1256	(e)  Other facilities licensed by the agency which offer
1257	special programs for people with developmental disabilities.
1258	(f)  Developmental disabilities services institution.
1259	(6)  In developing a client's annual family or individual
1260	support plan, the individual or family with the assistance of
1261	the support planning team shall identify measurable objectives
1262	for client progress and shall specify a time period expected for
1263	achievement of each objective.
1264	(7)  The individual, family, and support coordinator shall
1265	review progress in achieving the objectives specified in each
1266	client's family or individual support plan, and shall revise the
1267	plan annually, following consultation with the client, if
1268	competent, or with the parent or guardian of the client, or,
1269	when appropriate, the client advocate. The agency or designated
1270	contractor shall annually report in writing to the client, if
1271	competent, or to the parent or guardian of the client, or to the
1272	client advocate, when appropriate, with respect to the client's
1273	habilitative and medical progress.
1274	(8)  Any client, or any parent of a minor client, or
1275	guardian, authorized guardian advocate, or client advocate for a
1276	client, who is substantially affected by the client's initial
1277	family or individual support plan, or the annual review thereof,
1278	shall have the right to file a notice to challenge the decision
1279	pursuant to ss. 120.569 and 120.57. Notice of such right to
1280	appeal shall be included in all support plans provided by the
1281	agency.
1282	Section 15.  Section 393.0654, Florida Statutes, is created
1283	to read.
1284	393.0654  Direct service providers; private sector
1285	services.--It is not a violation of s. 112.313(7) for a direct
1286	service provider who is employed by the agency to own, operate,
1287	or work in a private facility that is a service provider under
1288	contract with the agency if:
1289	(1)  The employee does not have any role in the agency's
1290	placement recommendations or the client's decisionmaking process
1291	regarding placement;
1292	(2)  The direct service provider's employment with the
1293	agency does not compromise the ability of the client to make a
1294	voluntary choice among private providers for services;
1295	(3)  The employee's employment outside the agency does not
1296	create a conflict with the employee's public duties and does not
1297	impede the full and faithful discharge of the employee's duties
1298	as assigned by the agency; and
1299	(4)  The service provider discloses the dual employment or
1300	ownership status to the agency and all clients within the
1301	provider's care. The disclosure must be given to the agency, the
1302	client, and the client's guardian or guardian advocate, if
1303	appropriate.
1304	Section 16.  Section 393.0655, Florida Statutes, is amended
1305	to read:
1306	393.0655  Screening of direct service providers.--
1307	(1)  MINIMUM STANDARDS.--The agency shall require level 2
1308	employment screening pursuant to chapter 435 for direct service
1309	providers who are unrelated to their clients, including support
1310	coordinators, and managers and supervisors of residential
1311	facilities or comprehensive transitional education programs
1312	licensed under this chapter s. 393.067 and any other person,
1313	including volunteers, who provide care or services, who have
1314	access to a client's living areas, or who have access to a
1315	client's funds or personal property. Background screening shall
1316	include employment history checks as provided in s. 435.03(1)
1317	and local criminal records checks through local law enforcement
1318	agencies.
1319	(a)  A volunteer who assists on an intermittent basis for
1320	less than 40 hours per month does not have to be screened if the
1321	volunteer is under the direct and constant visual supervision of
1322	persons who meet the screening requirements of this section.
1323	(b)  Licensed physicians, nurses, or other professionals
1324	licensed and regulated by the Department of Health are not
1325	subject to background screening pursuant to this section if they
1326	are providing a service that is within their scope of licensed
1327	practice.
1328	(c)  A person selected by the family or the individual with
1329	developmental disabilities and paid by the family or the
1330	individual to provide supports or services is not required to
1331	have a background screening under this section.
1332	(d)  Persons 12 years of age or older, including family
1333	members, residing with a the direct services provider who
1334	provides services to clients in his or her own place of
1335	residence, including family members, are subject to background
1336	screening; however, such persons who are 12 to 18 years of age
1337	shall be screened for delinquency records only.
1338	(e)  A direct service provider who is awaiting the
1339	completion of background screening is temporarily exempt from
1340	the screening requirements under this section if the provider is
1341	under the direct and constant visual supervision of persons who
1342	meet the screening requirements of this section. Such exemption
1343	expires 90 days after the direct service provider first provides
1344	care or services to clients, has access to a client's living
1345	areas, or has access to a client's funds or personal property.
1346	(2)  EXEMPTIONS FROM DISQUALIFICATION.--The agency may
1347	grant exemptions from disqualification from working with
1348	children or adults with developmental disabilities only as
1349	provided in s. 435.07.
1350	(3)  PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE
1351	CRIMINAL RECORDS CHECKS.--The costs of processing fingerprints
1352	and the state criminal records checks shall be borne by the
1353	employer or by the employee or individual who is being screened.
1354	(4)  TERMINATION EXCLUSION FROM OWNING, OPERATING, OR BEING
1355	EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL FACILITY;
1356	HEARINGS PROVIDED.--
1357	(a)  The agency shall deny, suspend, terminate, or revoke a
1358	license, certification, rate agreement, purchase order, or
1359	contract, or pursue other remedies provided in s. 393.0673, s.
1360	393.0675, or s. 393.0678 in addition to or in lieu of denial,
1361	suspension, termination, or revocation for failure to comply
1362	with this section.
1363	(b)  When the agency has reasonable cause to believe that
1364	grounds for denial or termination of employment exist, it shall
1365	notify, in writing, the employer and the person direct service
1366	provider affected, stating the specific record that which
1367	indicates noncompliance with the standards in this section.
1368	(c)  The procedures established for hearing under chapter
1369	120 shall be available to the employer and the person affected
1370	direct service provider in order to present evidence relating
1371	either to the accuracy of the basis of exclusion or to the
1372	denial of an exemption from disqualification.
1373	(d)  Refusal on the part of an employer to dismiss a
1374	manager, supervisor, or direct service provider who has been
1375	found to be in noncompliance with standards of this section
1376	shall result in automatic denial, termination, or revocation of
1377	the license or, certification, rate agreement, purchase order,
1378	or contract, in addition to any other remedies pursued by the
1379	agency.
1380	Section 17.  Section 393.0657, Florida Statutes, is amended
1381	to read:
1382	393.0657  Persons not required to be refingerprinted or
1383	rescreened.--Persons who have undergone any portion of the
1384	background screening required under s. 393.0655 within the last
1385	12 months are Any provision of law to the contrary
1386	notwithstanding, human resource personnel who have been
1387	fingerprinted or screened pursuant to chapters 393, 394, 397,
1388	402, and 409, and teachers who have been fingerprinted pursuant
1389	to chapter 1012, who have not been unemployed for more than 90
1390	days thereafter, and who under the penalty of perjury attest to
1391	the completion of such fingerprinting or screening and to
1392	compliance with the provisions of this section and the standards
1393	for good moral character as contained in such provisions as ss.
1394	110.1127(3), 393.0655(1), 394.457(6), 397.451, 402.305(2), and
1395	409.175(6), shall not be required to repeat such screening be
1396	refingerprinted or rescreened in order to comply with the any
1397	direct service provider screening or fingerprinting
1398	requirements. Such persons are responsible for providing
1399	documentation of the screening and shall undergo screening for
1400	any remaining background screening requirements that have never
1401	been conducted or have not been completed within the last 12
1402	months.
1403	Section 18.  Section 393.066, Florida Statutes, is amended
1404	to read:
1405	393.066  Community services and treatment for persons who
1406	are developmentally disabled.--
1407	(1)  The agency shall plan, develop, organize, and
1408	implement its programs of services and treatment for persons
1409	with developmental disabilities who are developmentally disabled
1410	to allow clients to live as independently as possible in their
1411	own homes or communities and to achieve productive lives as
1412	close to normal as possible. All elements of community-based
1413	services shall be made available, and eligibility for these
1414	services shall be consistent across the state. In addition, all
1415	purchased services shall be approved by the agency.
1416	(2)  All services needed shall be purchased instead of
1417	provided directly by the agency, when such arrangement is more
1418	cost-efficient than having those services provided directly. All
1419	purchased services must be approved by the agency.
1420	(3)  Community-based services that are medically necessary
1421	to prevent institutionalization shall, to the extent of
1422	available resources, include:
1423	(a)  Adult day training habilitation services, including
1424	developmental training services.
1425	(b)  Family care services.
1426	(c)  Guardian advocate referral services.
1427	(d)  Medical/dental services, except that medical services
1428	shall not be provided to clients with spina bifida except as
1429	specifically appropriated by the Legislature.
1430	(e)  Parent training.
1431	(f)  Personal care services.
1432	(g)(f)  Recreation.
1433	(h)(g)  Residential facility services.
1434	(i)(h)  Respite services.
1435	(j)(i)  Social services.
1436	(k)(j)  Specialized therapies.
1437	(l)(k)  Supported employment, including enclave, job coach,
1438	mobile work crew, and follow-along services.
1439	(m)(l)  Supported living.
1440	(n)(m)  Training, including behavioral-analysis services
1441	behavioral programming.
1442	(o)(n)  Transportation.
1443	(p)(o)  Other habilitative and rehabilitative services as
1444	needed.
1445	(4)  The agency shall utilize the services of private
1446	businesses, not-for-profit organizations, and units of local
1447	government whenever such services are more cost-efficient than
1448	such services provided directly by the department, including
1449	arrangements for provision of residential facilities.
1450	(5)  In order to improve the potential for utilization of
1451	more cost-effective, community-based residential facilities, the
1452	agency shall promote the statewide development of day
1453	habilitation services for clients who live with a direct service
1454	provider in a community-based residential facility and who do
1455	not require 24-hour-a-day care in a hospital or other health
1456	care institution, but who may, in the absence of day
1457	habilitation services, require admission to a developmental
1458	disabilities institution. Each day service facility shall
1459	provide a protective physical environment for clients, ensure
1460	that direct service providers meet minimum screening standards
1461	as required in s. 393.0655, make available to all day
1462	habilitation service participants at least one meal on each day
1463	of operation, provide facilities to enable participants to
1464	obtain needed rest while attending the program, as appropriate,
1465	and provide social and educational activities designed to
1466	stimulate interest and provide socialization skills.
1467	(6)  To promote independence and productivity, the agency
1468	shall provide supports and services, within available resources,
1469	to assist clients enrolled in Medicaid waivers who choose to
1470	pursue gainful employment.
1471	(7)  For the purpose of making needed community-based
1472	residential facilities available at the least possible cost to
1473	the state, the agency is authorized to lease privately owned
1474	residential facilities under long-term rental agreements, if
1475	such rental agreements are projected to be less costly to the
1476	state over the useful life of the facility than state purchase
1477	or state construction of such a facility.
1478	(8)  The agency may adopt rules providing definitions,
1479	eligibility criteria, and procedures for the purchase of
1480	services to ensure compliance with federal laws or regulations
1481	that apply to services provided pursuant to this section.
1482	Section 19.  Section 393.067, Florida Statutes, is amended
1483	to read:
1484	393.067  Facility licensure of residential facilities and
1485	comprehensive transitional education programs.--
1486	(1)  The agency shall provide through its licensing
1487	authority and by rule license application procedures, a system
1488	of provider qualifications, facility and client care standards,
1489	requirements for client records, requirements for staff
1490	qualifications and training criteria for meeting standards, and
1491	requirements for monitoring foster care for residential
1492	facilities, group home facilities, residential habilitation
1493	centers, and comprehensive transitional education programs that
1494	serve agency clients.
1495	(2)  The agency shall conduct annual inspections and
1496	reviews of residential facilities and comprehensive transitional
1497	education programs licensed under this section annually.
1498	(3)  An application for a license under this section must
1499	for a residential facility or a comprehensive transitional
1500	education program shall be made to the agency on a form
1501	furnished by it and shall be accompanied by the appropriate
1502	license fee.
1503	(4)  The application shall be under oath and shall contain
1504	the following:
1505	(a)  The name and address of the applicant, if an applicant
1506	is an individual; if the applicant is a firm, partnership, or
1507	association, the name and address of each member thereof; if the
1508	applicant is a corporation, its name and address and the name
1509	and address of each director and each officer thereof; and the
1510	name by which the facility or program is to be known.
1511	(b)  The location of the facility or program for which a
1512	license is sought.
1513	(c)  The name of the person or persons under whose
1514	management or supervision the facility or program will be
1515	conducted.
1516	(d)  The number and type of residents or clients for which
1517	maintenance, care, education, or treatment is to be provided by
1518	the facility or program.
1519	(e)  The number and location of the component centers or
1520	units which will compose the comprehensive transitional
1521	education program.
1522	(f)  A description of the types of services and treatment
1523	to be provided by the facility or program.
1524	(g)  Information relating to the number, experience, and
1525	training of the employees of the facility or program.
1526	(h)  Certification that the staff of the facility or
1527	program will receive training to detect and prevent sexual abuse
1528	of residents and clients.
1529	(i)  Such other information as the agency determines is
1530	necessary to carry out the provisions of this chapter.
1531	(5)  The applicant shall submit evidence which establishes
1532	the good moral character of the manager or supervisor of the
1533	facility or program and the direct service providers in the
1534	facility or program and its component centers or units. A
1535	license may be issued if all the screening materials have been
1536	timely submitted; however, a license may not be issued or
1537	renewed if any of the direct service providers have failed the
1538	screening required by s. 393.0655.
1539	(a)1.  A licensed residential facility or comprehensive
1540	transitional education program which applies for renewal of its
1541	license shall submit to the agency a list of direct service
1542	providers who have worked on a continuous basis at the applicant
1543	facility or program since submitting fingerprints to the agency
1544	or the Department of Children and Family Services, identifying
1545	those direct service providers for whom a written assurance of
1546	compliance was provided by the agency or department and
1547	identifying those direct service providers who have recently
1548	begun working at the facility or program and are awaiting the
1549	results of the required fingerprint check along with the date of
1550	the submission of those fingerprints for processing. The agency
1551	shall by rule determine the frequency of requests to the
1552	Department of Law Enforcement to run state criminal records
1553	checks for such direct service providers except for those direct
1554	service providers awaiting the results of initial fingerprint
1555	checks for employment at the applicant facility or program. The
1556	agency shall review the records of the direct service providers
1557	at the applicant facility or program with respect to the crimes
1558	specified in s. 393.0655 and shall notify the facility or
1559	program of its findings. When disposition information is missing
1560	on a criminal record, it is the responsibility of the person
1561	being screened, upon request of the agency, to obtain and supply
1562	within 30 days the missing disposition information to the
1563	agency. Failure to supply the missing information within 30 days
1564	or to show reasonable efforts to obtain such information shall
1565	result in automatic disqualification.
1566	2.  The applicant shall sign an affidavit under penalty of
1567	perjury stating that all new direct service providers have been
1568	fingerprinted and that the facility's or program's remaining
1569	direct service providers have worked at the applicant facility
1570	or program on a continuous basis since being initially screened
1571	at that facility or program or have a written assurance of
1572	compliance from the agency or department.
1573	(5)(b)  As a prerequisite for issuance of an the initial or
1574	renewal license, the applicant, and any manager, supervisor, and
1575	staff member of the direct service provider of a facility or
1576	program licensed under this section, must have submitted to
1577	background screening as required under s. 393.0655. A license
1578	may not be issued or renewed if the applicant or any manager,
1579	supervisor, or staff member of the direct service provider has
1580	failed background screenings as required under s. 393.0655. The
1581	agency shall determine by rule the frequency of background
1582	screening. The applicant shall submit with each initial or
1583	renewal application a signed affidavit under penalty of perjury
1584	stating that the applicant and any manager, supervisor, or staff
1585	member of the direct service provider is in compliance with all
1586	requirements for background screening. to a residential facility
1587	or comprehensive transitional education program:
1588	1.  The applicant shall submit to the agency a complete set
1589	of fingerprints, taken by an authorized law enforcement agency
1590	or an employee of the agency who is trained to take
1591	fingerprints, for the manager, supervisor, or direct service
1592	providers of the facility or program;
1593	2.  The agency shall submit the fingerprints to the
1594	Department of Law Enforcement for state processing and for
1595	federal processing by the Federal Bureau of Investigation; and
1596	3.  The agency shall review the record of the manager or
1597	supervisor with respect to the crimes specified in s.
1598	393.0655(1) and shall notify the applicant of its findings. When
1599	disposition information is missing on a criminal record, it is
1600	the responsibility of the manager or supervisor, upon request of
1601	the agency, to obtain and supply within 30 days the missing
1602	disposition information to the agency. Failure to supply the
1603	missing information within 30 days or to show reasonable efforts
1604	to obtain such information shall result in automatic
1605	disqualification.
1606	(c)  The agency or a residential facility or comprehensive
1607	transitional education program may not use the criminal records
1608	or juvenile records of a person obtained under this subsection
1609	for any purpose other than determining if that person meets the
1610	minimum standards for good moral character for a manager or
1611	supervisor of, or direct service provider in, such a facility or
1612	program. The criminal records or juvenile records obtained by
1613	the agency or a residential facility or comprehensive
1614	transitional education program for determining the moral
1615	character of a manager, supervisor, or direct service provider
1616	are exempt from s. 119.07(1).
1617	(6)  Each applicant for licensure as an intermediate care
1618	facility for the developmentally disabled must comply with the
1619	following requirements:
1620	(a)  Upon receipt of a completed, signed, and dated
1621	application, the agency shall require background screening, in
1622	accordance with the level 2 standards for screening set forth in
1623	chapter 435, of the managing employee, or other similarly titled
1624	individual who is responsible for the daily operation of the
1625	facility, and of the financial officer, or other similarly
1626	titled individual who is responsible for the financial operation
1627	of the center, including billings for resident care and
1628	services. The applicant must comply with the procedures for
1629	level 2 background screening as set forth in chapter 435, as
1630	well as the requirements of s. 435.03(3).
1631	(b)  The agency may require background screening of any
1632	other individual who is an applicant if the agency has probable
1633	cause to believe that he or she has been convicted of a crime or
1634	has committed any other offense prohibited under the level 2
1635	standards for screening set forth in chapter 435.
1636	(c)  Proof of compliance with the level 2 background
1637	screening requirements of chapter 435 which has been submitted
1638	within the previous 5 years in compliance with any other health
1639	care licensure requirements of this state is acceptable in
1640	fulfillment of the requirements of paragraph (a).
1641	(d)  A provisional license may be granted to an applicant
1642	when each individual required by this section to undergo
1643	background screening has met the standards for the Department of
1644	Law Enforcement background check, but the agency has not yet
1645	received background screening results from the Federal Bureau of
1646	Investigation, or a request for a disqualification exemption has
1647	been submitted to the agency as set forth in chapter 435, but a
1648	response has not yet been issued. A standard license may be
1649	granted to the applicant upon the agency's receipt of a report
1650	of the results of the Federal Bureau of Investigation background
1651	screening for each individual required by this section to
1652	undergo background screening which confirms that all standards
1653	have been met, or upon the granting of a disqualification
1654	exemption by the agency as set forth in chapter 435. Any other
1655	person who is required to undergo level 2 background screening
1656	may serve in his or her capacity pending the agency's receipt of
1657	the report from the Federal Bureau of Investigation. However,
1658	the person may not continue to serve if the report indicates any
1659	violation of background screening standards and a
1660	disqualification exemption has not been requested of and granted
1661	by the agency as set forth in chapter 435.
1662	(e)  Each applicant must submit to the agency, with its
1663	application, a description and explanation of any exclusions,
1664	permanent suspensions, or terminations of the applicant from the
1665	Medicare or Medicaid programs. Proof of compliance with the
1666	requirements for disclosure of ownership and control interests
1667	under the Medicaid or Medicare programs shall be accepted in
1668	lieu of this submission.
1669	(f)  Each applicant must submit to the agency a description
1670	and explanation of any conviction of an offense prohibited under
1671	the level 2 standards of chapter 435 by a member of the board of
1672	directors of the applicant, its officers, or any individual
1673	owning 5 percent or more of the applicant. This requirement does
1674	not apply to a director of a not-for-profit corporation or
1675	organization if the director serves solely in a voluntary
1676	capacity for the corporation or organization, does not regularly
1677	take part in the day-to-day operational decisions of the
1678	corporation or organization, receives no remuneration for his or
1679	her services on the corporation or organization's board of
1680	directors, and has no financial interest and has no family
1681	members with a financial interest in the corporation or
1682	organization, provided that the director and the not-for-profit
1683	corporation or organization include in the application a
1684	statement affirming that the director's relationship to the
1685	corporation satisfies the requirements of this paragraph.
1686	(g)  A license may not be granted to an applicant if the
1687	applicant or managing employee has been found guilty of,
1688	regardless of adjudication, or has entered a plea of nolo
1689	contendere or guilty to, any offense prohibited under the level
1690	2 standards for screening set forth in chapter 435, unless an
1691	exemption from disqualification has been granted by the agency
1692	as set forth in chapter 435.
1693	(h)  The agency may deny or revoke licensure if the
1694	applicant:
1695	1.  Has falsely represented a material fact in the
1696	application required by paragraph (e) or paragraph (f), or has
1697	omitted any material fact from the application required by
1698	paragraph (e) or paragraph (f); or
1699	2.  Has had prior action taken against the applicant under
1700	the Medicaid or Medicare program as set forth in paragraph (e).
1701	(i)  An application for license renewal must contain the
1702	information required under paragraphs (e) and (f).
1703	(6)(7)  The applicant shall furnish satisfactory proof of
1704	financial ability to operate and conduct the facility or program
1705	in accordance with the requirements of this chapter and adopted
1706	all rules promulgated hereunder.
1707	(7)(8)  The agency shall adopt rules establishing minimum
1708	standards for licensure of residential facilities and
1709	comprehensive transitional education programs licensed under
1710	this section, including rules requiring facilities and programs
1711	to train staff to detect and prevent sexual abuse of residents
1712	and clients, minimum standards of quality and adequacy of client
1713	care, incident-reporting requirements, and uniform firesafety
1714	standards established by the State Fire Marshal which are
1715	appropriate to the size of the facility or of the component
1716	centers or units of the program.
1717	(8)(9)  The agency and the Agency for Health Care
1718	Administration, after consultation with the Department of
1719	Community Affairs, shall adopt rules for foster care residential
1720	facilities, group home facilities, and residential habilitation
1721	centers which establish under the respective regulatory
1722	jurisdiction of each establishing minimum standards for the
1723	preparation and annual update of a comprehensive emergency
1724	management plan. At a minimum, the rules must provide for plan
1725	components that address emergency evacuation transportation;
1726	adequate sheltering arrangements; postdisaster activities,
1727	including emergency power, food, and water; postdisaster
1728	transportation; supplies; staffing; emergency equipment;
1729	individual identification of residents and transfer of records;
1730	and responding to family inquiries. The comprehensive emergency
1731	management plan for all comprehensive transitional education
1732	programs and for homes serving individuals who have complex
1733	medical conditions is subject to review and approval by the
1734	local emergency management agency. During its review, the local
1735	emergency management agency shall ensure that the agency and the
1736	Department of Community Affairs following agencies, at a
1737	minimum, are given the opportunity to review the plan: the
1738	Agency for Health Care Administration, the Agency for Persons
1739	with Disabilities, and the Department of Community Affairs.
1740	Also, appropriate volunteer organizations must be given the
1741	opportunity to review the plan. The local emergency management
1742	agency shall complete its review within 60 days and either
1743	approve the plan or advise the facility of necessary revisions.
1744	(9)(10)  The agency may conduct unannounced inspections to
1745	determine compliance by foster care residential facilities,
1746	group home facilities, residential habilitation centers, and
1747	comprehensive transitional education programs with the
1748	applicable provisions of this chapter and the rules adopted
1749	pursuant hereto, including the rules adopted for training staff
1750	of a facility or a program to detect and prevent sexual abuse of
1751	residents and clients. The facility or program shall make copies
1752	of inspection reports available to the public upon request.
1753	(11)  An alternative living center and an independent
1754	living education center, as defined in s. 393.063, shall be
1755	subject to the provisions of s. 419.001, except that such
1756	centers shall be exempt from the 1,000-foot-radius requirement
1757	of s. 419.001(2) if:
1758	(a)  Such centers are located on a site zoned in a manner
1759	so that all the component centers of a comprehensive transition
1760	education center may be located thereon; or
1761	(b)  There are no more than three such centers within said
1762	radius of 1,000 feet.
1763	(10)(12)  Each residential facility or comprehensive
1764	transitional education program licensed under this section by
1765	the agency shall forward annually to the agency a true and
1766	accurate sworn statement of its costs of providing care to
1767	clients funded by the agency.
1768	(11)(13)  The agency may audit the records of any
1769	residential facility or comprehensive transitional education
1770	program that it has reason to believe may not be in full
1771	compliance with the provisions of this section; provided that,
1772	any financial audit of such facility or program shall be limited
1773	to the records of clients funded by the agency.
1774	(12)(14)  The agency shall establish, for the purpose of
1775	control of licensure costs, a uniform management information
1776	system and a uniform reporting system with uniform definitions
1777	and reporting categories.
1778	(13)(15)  Facilities and programs licensed pursuant to this
1779	section shall adhere to all rights specified in s. 393.13,
1780	including those enumerated in s. 393.13(4).
1781	(14)(16)  An No unlicensed residential facility or
1782	comprehensive transitional education program may not shall
1783	receive state funds. A license for the operation of a facility
1784	or program shall not be renewed if the licensee has any
1785	outstanding fines assessed pursuant to this chapter wherein
1786	final adjudication of such fines has been entered.
1787	(15)(17)  The agency is shall not be required to contract
1788	with new facilities licensed after October 1, 1989, pursuant to
1789	this chapter. Pursuant to chapter 287, the agency shall continue
1790	to contract within available resources for residential services
1791	with facilities licensed prior to October 1, 1989, if such
1792	facilities comply with the provisions of this chapter and all
1793	other applicable laws and regulations.
1794	Section 20.  Section 393.0673, Florida Statutes, is amended
1795	to read:
1796	393.0673  Denial, suspension, revocation of license;
1797	moratorium on admissions; administrative fines; procedures.--
1798	(1)  The agency may deny, revoke, or suspend a license or
1799	impose an administrative fine, not to exceed $1,000 per
1800	violation per day, if the applicant or licensee:
1801	(a)  Has falsely represented, or omitted a material fact in
1802	its license application submitted under s. 393.067.
1803	(b)  Has had prior action taken against it under the
1804	Medicaid or Medicare program.
1805	(c)  Has failed to comply with the applicable requirements
1806	of this chapter or rules applicable to the applicant or licensee
1807	for a violation of any provision of s. 393.0655 or s. 393.067 or
1808	rules adopted pursuant thereto.
1809	(2)  All hearings shall be held within the county in which
1810	the licensee or applicant operates or applies for a license to
1811	operate a facility as defined herein.
1812	(3)(2)  The agency, as a part of any final order issued by
1813	it under the provisions of this chapter, may impose such fine as
1814	it deems proper, except that such fine may not exceed $1,000 for
1815	each violation. Each day a violation of this chapter occurs
1816	constitutes a separate violation and is subject to a separate
1817	fine, but in no event may the aggregate amount of any fine
1818	exceed $10,000. Fines paid by any facility licensee under the
1819	provisions of this subsection shall be deposited in the Resident
1820	Protection Trust Fund and expended as provided in s. 400.063.
1821	(4)(3)  The agency may issue an order immediately
1822	suspending or revoking a license when it determines that any
1823	condition in the facility presents a danger to the health,
1824	safety, or welfare of the residents in the facility.
1825	(5)(4)  The agency may impose an immediate moratorium on
1826	admissions to any facility when the department determines that
1827	any condition in the facility presents a threat to the health,
1828	safety, or welfare of the residents in the facility.
1829	(6)  The agency shall establish by rule criteria for
1830	evaluating the severity of violations and for determining the
1831	amount of fines imposed.
1832	Section 21.  Subsection (1) of section 393.0674, Florida
1833	Statutes, is amended to read:
1834	393.0674  Penalties.--
1835	(1)  It is a misdemeanor of the first degree, punishable as
1836	provided in s. 775.082 or s. 775.083, for any person willfully,
1837	knowingly, or intentionally to:
1838	(a)  Fail, by false statement, misrepresentation,
1839	impersonation, or other fraudulent means, to disclose in any
1840	application for voluntary or paid employment a material fact
1841	used in making a determination as to such person's
1842	qualifications to be a direct service provider;
1843	(b)  Provide or attempt to provide supports or services
1844	with direct service providers who are not in compliance
1845	noncompliance with the background screening requirements minimum
1846	standards for good moral character as contained in this chapter;
1847	or
1848	(c)  Use information from the criminal records or central
1849	abuse hotline obtained under s. 393.0655, s. 393.066, or s.
1850	393.067 for any purpose other than screening that person for
1851	employment as specified in those sections or release such
1852	information to any other person for any purpose other than
1853	screening for employment as specified in those sections.
1854	Section 22.  Subsection (3) of section 393.0675, Florida
1855	Statutes, is amended to read:
1856	393.0675  Injunctive proceedings authorized.--
1857	(3)  The agency may institute proceedings for an injunction
1858	in a court of competent jurisdiction to terminate the operation
1859	of a provider of supports or services if such provider has
1860	willfully and knowingly refused to comply with the screening
1861	requirement for direct service providers or has refused to
1862	terminate direct service providers found not to be in compliance
1863	with such the requirements for good moral character.
1864	Section 23.  Subsection (1) of section 393.0678, Florida
1865	Statutes, is amended to read:
1866	393.0678  Receivership proceedings.--
1867	(1)  The agency may petition a court of competent
1868	jurisdiction for the appointment of a receiver for an
1869	intermediate care facility for the developmentally disabled, a
1870	residential habilitation center, or a group home facility owned
1871	and operated by a corporation or partnership when any of the
1872	following conditions exist:
1873	(a)  Any person is operating a facility without a license
1874	and refuses to make application for a license as required by s.
1875	393.067 or, in the case of an intermediate care facility for the
1876	developmentally disabled, as required by ss. 393.067 and
1877	400.062.
1878	(b)  The licensee is closing the facility or has informed
1879	the department that it intends to close the facility; and
1880	adequate arrangements have not been made for relocation of the
1881	residents within 7 days, exclusive of weekends and holidays, of
1882	the closing of the facility.
1883	(c)  The agency determines that conditions exist in the
1884	facility which present an imminent danger to the health, safety,
1885	or welfare of the residents of the facility or which present a
1886	substantial probability that death or serious physical harm
1887	would result therefrom. Whenever possible, the agency shall
1888	facilitate the continued operation of the program.
1889	(d)  The licensee cannot meet its financial obligations to
1890	provide food, shelter, care, and utilities. Evidence such as the
1891	issuance of bad checks or the accumulation of delinquent bills
1892	for such items as personnel salaries, food, drugs, or utilities
1893	constitutes prima facie evidence that the ownership of the
1894	facility lacks the financial ability to operate the home in
1895	accordance with the requirements of this chapter and all rules
1896	promulgated thereunder.
1897	Section 24.  Subsections (1), (2), (3), (5), and (7) of
1898	section 393.068, Florida Statutes, are amended to read:
1899	393.068  Family care program.--
1900	(1)  The family care program is established for the purpose
1901	of providing services and support to families and individuals
1902	with developmental disabilities in order to maintain the
1903	individual in the home environment and avoid costly out-of-home
1904	residential placement. Services and support available to
1905	families and individuals with developmental disabilities shall
1906	emphasize community living and self-determination and enable
1907	individuals with developmental disabilities to enjoy typical
1908	lifestyles. One way to accomplish this is to recognize that
1909	families are the greatest resource available to individuals who
1910	have developmental disabilities and must be supported in their
1911	role as primary care givers.
1912	(2)  Services and support authorized under the family care
1913	this program shall, to the extent of available resources,
1914	include the services listed under s. 393.066 and, in addition,
1915	shall include, but not be limited to:
1916	(a)  Attendant care.
1917	(b)  Barrier-free modifications to the home.
1918	(c)  Home visitation by agency workers.
1919	(d)  In-home subsidies.
1920	(e)  Low-interest loans.
1921	(f)  Modifications for vehicles used to transport the
1922	individual with a developmental disability.
1923	(g)  Facilitated communication.
1924	(h)  Family counseling.
1925	(i)  Equipment and supplies.
1926	(j)  Self-advocacy training.
1927	(k)  Roommate services.
1928	(l)  Integrated community activities.
1929	(m)  Emergency services.
1930	(n)  Support coordination.
1931	(o)  Supported employment.
1932	(o)(p)  Other support services as identified by the family
1933	or individual.
1934	(3)  When it is determined by the agency to be more cost-
1935	effective and in the best interest of the client to maintain
1936	such client in the home of a direct service provider, the parent
1937	or guardian of the client or, if competent, the client may
1938	enroll the client in the family care program. The direct service
1939	provider of a client enrolled in the family care program shall
1940	be reimbursed according to a rate schedule set by the agency,
1941	except that. in-home subsidies cited in paragraph (2)(d) shall
1942	be provided in accordance with according to s. 393.0695 and are
1943	not subject to any other payment method or rate schedule
1944	provided for in this section.
1945	(5)  The agency may contract for the provision of any
1946	portion of the services required by the program, except for in-
1947	home subsidies cited in paragraph (2)(d), which shall be
1948	provided pursuant to s. 393.0695. Otherwise, purchase of service
1949	contracts shall be used whenever the services so provided are
1950	more cost-efficient than those provided by the agency.
1951	(7)  To provide a range of personal care services for the
1952	client, the use of volunteers shall be maximized. The agency
1953	shall assure appropriate insurance coverage to protect
1954	volunteers from personal liability while acting within the scope
1955	of their volunteer assignments under the program.
1956	Section 25.  Subsection (3) of section 393.0695, Florida
1957	Statutes, is amended, and subsection (5) is added to that
1958	section, to read:
1959	393.0695  Provision of in-home subsidies.--
1960	(3)  In-home subsidies must be based on an individual
1961	determination of need and must not exceed maximum amounts set by
1962	the agency and reassessed by the agency quarterly annually.
1963	(5)  The agency shall adopt rules to administer this
1964	section, including standards and procedures governing
1965	eligibility for services, selection of housing, selection of
1966	providers, and planning for services, and requirements for
1967	ongoing monitoring.
1968	Section 26.  Subsection (2) of section 393.075, Florida
1969	Statutes, is amended to read:
1970	393.075  General liability coverage.--
1971	(2)  The Division of Risk Management of the Department of
1972	Financial Services shall provide coverage through the agency to
1973	any person who owns or operates a foster care facility or group
1974	home facility solely for the agency, who cares for children
1975	placed by developmental services staff of the agency, and who is
1976	licensed pursuant to s. 393.067 to provide such supervision and
1977	care in his or her place of residence. The coverage shall be
1978	provided from the general liability account of the State Risk
1979	Management Trust Fund. The coverage is limited to general
1980	liability claims arising from the provision of supervision and
1981	care of children in a foster care facility or group home
1982	facility pursuant to an agreement with the agency and pursuant
1983	to guidelines established through policy, rule, or statute.
1984	Coverage shall be subject to the limits provided in ss. 284.38
1985	and 284.385, and the exclusions set forth therein, together with
1986	other exclusions as may be set forth in the certificate of
1987	coverage issued by the trust fund. A person covered under the
1988	general liability account pursuant to this subsection shall
1989	immediately notify the Division of Risk Management of the
1990	Department of Financial Services of any potential or actual
1991	claim.
1992	Section 27.  Section 393.11, Florida Statutes, is amended
1993	to read:
1994	393.11  Involuntary admission to residential services.--
1995	(1)  JURISDICTION.-- When a person is mentally retarded and
1996	requires involuntary admission to residential services provided
1997	by the agency, the circuit court of the county in which the
1998	person resides shall have jurisdiction to conduct a hearing and
1999	enter an order involuntarily admitting the person in order that
2000	the person may receive the care, treatment, habilitation, and
2001	rehabilitation which the person needs. For the purpose of
2002	identifying mental retardation, diagnostic capability shall be
2003	established by the agency. Except as otherwise specified, the
2004	proceedings under this section shall be governed by the Florida
2005	Rules of Civil Procedure.
2006	(2)  PETITION.--
2007	(a)  A petition for involuntary admission to residential
2008	services may be executed by a petitioning commission. For
2009	proposed involuntary admission to residential services arising
2010	out of chapter 916, the petition may be filed by a petitioning
2011	commission, the agency, the state attorney of the circuit from
2012	which the defendant was committed, or the defendant's attorney.
2013	(b)  The petitioning commission shall consist of three
2014	persons.  One of these persons shall be a physician licensed and
2015	practicing under chapter 458 or chapter 459.
2016	(c)  The petition shall be verified and shall:
2017	1.  State the name, age, and present address of the
2018	commissioners and their relationship to the person with mental
2019	retardation or autism;
2020	2.  State the name, age, county of residence, and present
2021	address of the person with mental retardation or autism;
2022	3.  Allege that the commission believes that the person
2023	needs involuntary residential services and specify the factual
2024	information on which the such belief is based;
2025	4.  Allege that the person lacks sufficient capacity to
2026	give express and informed consent to a voluntary application for
2027	services and lacks the basic survival and self-care skills to
2028	provide for the person's well-being or is likely to physically
2029	injure others if allowed to remain at liberty; and
2030	5.  State which residential setting is the least
2031	restrictive and most appropriate alternative and specify the
2032	factual information on which the such belief is based.
2033	(d)  The petition shall be filed in the circuit court of
2034	the county in which the person with mental retardation or autism
2035	resides.
2036	(3)  NOTICE.--
2037	(a)  Notice of the filing of the petition shall be given to
2038	the individual and his or her legal guardian. The notice shall
2039	be given both verbally and in writing in the language of the
2040	client, or in other modes of communication of the client, and in
2041	English. Notice shall also be given to such other persons as the
2042	court may direct. The petition for involuntary admission to
2043	residential services shall be served with the notice.
2044	(b)  Whenever a motion or petition has been filed pursuant
2045	to s. 916.303 to dismiss criminal charges against a defendant
2046	with retardation or autism, and a petition is filed to
2047	involuntarily admit the defendant to residential services under
2048	this section, the notice of the filing of the petition shall
2049	also be given to the defendant's attorney, and to the state
2050	attorney of the circuit from which the defendant was committed,
2051	and the agency.
2052	(c)  The notice shall state that a hearing shall be set to
2053	inquire into the need of the person with mental retardation or
2054	autism for involuntary residential services. The notice shall
2055	also state the date of the hearing on the petition.
2056	(d)  The notice shall state that the individual with mental
2057	retardation or autism has the right to be represented by counsel
2058	of his or her own choice and that, if the person cannot afford
2059	an attorney, the court shall appoint one.
2060	(4)  AGENCY DEVELOPMENTAL SERVICES PARTICIPATION.--
2061	(a)  Upon receiving the petition, the court shall
2062	immediately order the developmental services program of the
2063	agency to examine the person being considered for involuntary
2064	admission to residential services.
2065	(b)  Following examination, the agency shall file After the
2066	developmental services program examines the person, a written
2067	report shall be filed with the court not less than 10 working
2068	days before the date of the hearing. The report must shall be
2069	served on the petitioner, the person with mental retardation,
2070	and the person's attorney at the time the report is filed with
2071	the court.
2072	(c)  The report must shall contain the findings of the
2073	agency's developmental services program evaluation, and any
2074	recommendations deemed appropriate, and a determination of
2075	whether the person is eligible for services under this chapter.
2076	(5)  EXAMINING COMMITTEE.--
2077	(a)  Upon receiving the petition, the court shall
2078	immediately appoint an examining committee to examine the person
2079	being considered for involuntary admission to residential
2080	services provided by of the developmental services program of
2081	the agency.
2082	(b)  The court shall appoint no fewer than three
2083	disinterested experts who have demonstrated to the court an
2084	expertise in the diagnosis, evaluation, and treatment of persons
2085	with mental retardation. The committee must shall include at
2086	least one licensed and qualified physician, one licensed and
2087	qualified psychologist, and one qualified professional with a
2088	minimum of a masters degree in social work, special education,
2089	or vocational rehabilitation counseling, to examine the person
2090	and to testify at the hearing on the involuntary admission to
2091	residential services.
2092	(c)  Counsel for the person who is being considered for
2093	involuntary admission to residential services and counsel for
2094	the petition commission has shall have the right to challenge
2095	the qualifications of those appointed to the examining
2096	committee.
2097	(d)  Members of the committee may shall not be employees of
2098	the agency or be associated with each other in practice or in
2099	employer-employee relationships. Members of the committee may
2100	shall not have served as members of the petitioning commission.
2101	Members of the committee may shall not be employees of the
2102	members of the petitioning commission or be associated in
2103	practice with members of the commission.
2104	(e)  The committee shall prepare a written report for the
2105	court. The report must shall explicitly document the extent that
2106	the person meets the criteria for involuntary admission. The
2107	report, and expert testimony, must shall include, but not be
2108	limited to:
2109	1.  The degree of the person's mental retardation and
2110	whether, using diagnostic capabilities established by the
2111	agency, the person is eligible for agency services;
2112	2.  Whether, because of the person's degree of mental
2113	retardation, the person:
2114	a.  Lacks sufficient capacity to give express and informed
2115	consent to a voluntary application for services pursuant to s.
2116	393.065;
2117	b.  Lacks basic survival and self-care skills to such a
2118	degree that close supervision and habilitation in a residential
2119	setting is necessary and if not provided would result in a real
2120	and present threat of substantial harm to the person's well-
2121	being; or
2122	c.  Is likely to physically injure others if allowed to
2123	remain at liberty.
2124	3.  The purpose to be served by residential care;
2125	4.  A recommendation on the type of residential placement
2126	which would be the most appropriate and least restrictive for
2127	the person; and
2128	5.  The appropriate care, habilitation, and treatment.
2129	(f)  The committee shall file the report with the court not
2130	less than 10 working days before the date of the hearing. The
2131	report shall be served on the petitioner, the person with mental
2132	retardation, and the person's attorney at the time the report is
2133	filed with the court, and the agency.
2134	(g)  Members of the examining committee shall receive a
2135	reasonable fee to be determined by the court. The fees are to be
2136	paid from the general revenue fund of the county in which the
2137	person with mental retardation resided when the petition was
2138	filed.
2139	(h)  The agency shall develop and prescribe by rule one or
2140	more standard forms to be used as a guide for members of the
2141	examining committee.
2142	(6)  COUNSEL; GUARDIAN AD LITEM.--
2143	(a)  The person with mental retardation shall be
2144	represented by counsel at all stages of the judicial proceeding.
2145	In the event the person is indigent and cannot afford counsel,
2146	the court shall appoint a public defender not less than 20
2147	working days before the scheduled hearing. The person's counsel
2148	shall have full access to the records of the service provider
2149	and the agency. In all cases, the attorney shall represent the
2150	rights and legal interests of the person with mental
2151	retardation, regardless of who may initiate the proceedings or
2152	pay the attorney's fee.
2153	(b)  If the attorney, during the course of his or her
2154	representation, reasonably believes that the person with mental
2155	retardation cannot adequately act in his or her own interest,
2156	the attorney may seek the appointment of a guardian ad litem. A
2157	prior finding of incompetency is not required before a guardian
2158	ad litem is appointed pursuant to this section.
2159	(7)  HEARING.--
2160	(a)  The hearing for involuntary admission shall be
2161	conducted, and the order shall be entered, in the county in
2162	which the petition is filed person is residing or be as
2163	convenient to the person as may be consistent with orderly
2164	procedure. The hearing shall be conducted in a physical setting
2165	not likely to be injurious to the person's condition.
2166	(b)  A hearing on the petition must shall be held as soon
2167	as practicable after the petition is filed, but reasonable delay
2168	for the purpose of investigation, discovery, or procuring
2169	counsel or witnesses shall be granted.
2170	(c)  The court may appoint a general or special magistrate
2171	to preside. Except as otherwise specified, the magistrate's
2172	proceeding shall be governed by the rule 1.490, Florida Rules of
2173	Civil Procedure.
2174	(d)  The person with mental retardation shall be physically
2175	present throughout the entire proceeding. If the person's
2176	attorney believes that the person's presence at the hearing is
2177	not in the person's best interest, the person's presence may be
2178	waived once the court has seen the person and the hearing has
2179	commenced.
2180	(e)  The person has shall have the right to present
2181	evidence and to cross-examine all witnesses and other evidence
2182	alleging the appropriateness of the person's admission to
2183	residential care. Other relevant and material evidence regarding
2184	the appropriateness of the person's admission to residential
2185	services; the most appropriate, least restrictive residential
2186	placement; and the appropriate care, treatment, and habilitation
2187	of the person, including written or oral reports, may be
2188	introduced at the hearing by any interested person.
2189	(f)  The petitioning commission may be represented by
2190	counsel at the hearing. The petitioning commission shall have
2191	the right to call witnesses, present evidence, cross-examine
2192	witnesses, and present argument on behalf of the petitioning
2193	commission.
2194	(g)  All evidence shall be presented according to chapter
2195	90. The burden of proof shall be on the party alleging the
2196	appropriateness of the person's admission to residential
2197	services. The burden of proof shall be by clear and convincing
2198	evidence.
2199	(h)  All stages of each proceeding shall be
2200	stenographically reported.
2201	(8)  ORDER.--
2202	(a)  In all cases, the court shall issue written findings
2203	of fact and conclusions of law to support its decision. The
2204	order must shall state the basis for the such findings of fact.
2205	(b)  An order of involuntary admission to residential
2206	services may shall not be entered unless the court finds that:
2207	1.  The person is mentally retarded or autistic;
2208	2.  Placement in a residential setting is the least
2209	restrictive and most appropriate alternative to meet the
2210	person's needs; and
2211	3.  Because of the person's degree of mental retardation or
2212	autism, the person:
2213	a.  Lacks sufficient capacity to give express and informed
2214	consent to a voluntary application for services pursuant to s.
2215	393.065 and lacks basic survival and self-care skills to such a
2216	degree that close supervision and habilitation in a residential
2217	setting is necessary and, if not provided, would result in a
2218	real and present threat of substantial harm to the person's
2219	well-being; or
2220	b.  Is likely to physically injure others if allowed to
2221	remain at liberty.
2222	(c)  If the evidence presented to the court is not
2223	sufficient to warrant involuntary admission to residential
2224	services, but the court feels that residential services would be
2225	beneficial, the court may recommend that the person seek
2226	voluntary admission.
2227	(d)  If an order of involuntary admission to residential
2228	services provided by the developmental services program of the
2229	agency is entered by the court, a copy of the written order
2230	shall be served upon the person, the person's counsel, the
2231	agency, and the state attorney and the person's defense counsel,
2232	if applicable. The order of involuntary admission sent to the
2233	agency shall also be accompanied by a copy of the examining
2234	committee's report and other reports contained in the court
2235	file.
2236	(e)  Upon receiving the order, the agency shall, within 45
2237	days, provide the court with a copy of the person's family or
2238	individual support plan and copies of all examinations and
2239	evaluations, outlining the treatment and rehabilitative
2240	programs. The agency shall document that the person has been
2241	placed in the most appropriate, least restrictive and cost-
2242	beneficial residential setting facility. A copy of the family or
2243	individual support plan and other examinations and evaluations
2244	shall be served upon the person and the person's counsel at the
2245	same time the documents are filed with the court.
2246	(9)  EFFECT OF THE ORDER OF INVOLUNTARY ADMISSION TO
2247	RESIDENTIAL SERVICES.--
2248	(a)  In no case shall An order authorizing an admission to
2249	residential care may not be considered an adjudication of mental
2250	incompetency. A No person is not shall be presumed incompetent
2251	solely by reason of the person's involuntary admission to
2252	residential services. A No person may not shall be denied the
2253	full exercise of all legal rights guaranteed to citizens of this
2254	state and of the United States.
2255	(b)  Any minor involuntarily admitted to residential
2256	services shall, upon reaching majority, be given a hearing to
2257	determine the continued appropriateness of his or her
2258	involuntary admission.
2259	(10)  COMPETENCY.--
2260	(a)  The issue of competency shall be separate and distinct
2261	from a determination of the appropriateness of involuntary
2262	admission to residential services for a condition of mental
2263	retardation.
2264	(b)  The issue of the competency of a person with mental
2265	retardation for purposes of assigning guardianship shall be
2266	determined in a separate proceeding according to the procedures
2267	and requirements of chapter 744 and the Florida Probate Rules.
2268	The issue of the competency of a person with mental retardation
2269	or autism for purposes of determining whether the person is
2270	competent to proceed in a criminal trial shall be determined in
2271	accordance with chapter 916.
2272	(11)  CONTINUING JURISDICTION.--The court which issues the
2273	initial order for involuntary admission to residential services
2274	under this section has shall have continuing jurisdiction to
2275	enter further orders to ensure that the person is receiving
2276	adequate care, treatment, habilitation, and rehabilitation,
2277	including psychotropic medication and behavioral programming.
2278	Upon request, the court may transfer the continuing jurisdiction
2279	to the court where a client resides if it is different from
2280	where the original involuntary admission order was issued. A No
2281	person may not be released from an order for involuntary
2282	admission to residential services except by the order of the
2283	court.
2284	(12)  APPEAL.--
2285	(a)  Any party to the proceeding who is affected by an
2286	order of the court, including the agency, may appeal to the
2287	appropriate district court of appeal within the time and in the
2288	manner prescribed by the Florida Rules of Appellate Procedure.
2289	(b)  The filing of an appeal by the person with mental
2290	retardation shall stay admission of the person into residential
2291	care. The stay shall remain in effect during the pendency of all
2292	review proceedings in Florida courts until a mandate issues.
2293	(13)  HABEAS CORPUS.--At any time and without notice, any
2294	person involuntarily admitted into residential care to the
2295	developmental services program of the agency, or the person's
2296	parent or legal guardian in his or her behalf, is entitled to
2297	file a petition for a writ of habeas corpus to question the
2298	cause, legality, and appropriateness of the person's involuntary
2299	admission. Each person, or the person's parent or legal
2300	guardian, shall receive specific written notice of the right to
2301	petition for a writ of habeas corpus at the time of his or her
2302	involuntary placement.
2303	Section 28.  Section 393.122, Florida Statutes, is amended
2304	to read:
2305	393.122  Applications for continued residential services.--
2306	(1)  If a client is discharged from residential services
2307	under the provisions of s. 393.115 this section, application for
2308	needed services shall be encouraged.
2309	(2)  A No client receiving services from a state agency may
2310	not the department as of July 1, 1977, shall be denied continued
2311	services due to any change in eligibility requirements by
2312	chapter 77-335, Laws of Florida.
2313	Section 29.  Section 393.13, Florida Statutes, is amended
2314	to read:
2315	393.13  Personal Treatment of persons with developmental
2316	disabilities who are developmentally disabled.--
2317	(1)  SHORT TITLE.--This section act shall be known as "The
2318	Bill of Rights of Persons with Developmental Disabilities Who
2319	are Developmentally Disabled."
2320	(2)  LEGISLATIVE INTENT.--
2321	(a)  The Legislature finds and declares that the system of
2322	care provided to individuals with developmental disabilities who
2323	are developmentally disabled must be designed to meet the needs
2324	of the clients as well as protect the integrity of their legal
2325	and human rights.
2326	(b)  The Legislature further finds and declares that the
2327	design and delivery of treatment and services to persons with
2328	developmental disabilities who are developmentally disabled
2329	should be directed by the principles of self-determination
2330	normalization and therefore should:
2331	1.  Abate the use of large institutions.
2332	2.  Continue the development of community-based services
2333	that which provide reasonable alternatives to
2334	institutionalization in settings that are least restrictive to
2335	the client and that provide opportunities for inclusion in the
2336	community.
2337	3.  Provide training and education that to individuals who
2338	are developmentally disabled which will maximize their potential
2339	to lead independent and productive lives and that which will
2340	afford opportunities for outward mobility from institutions.
2341	4.  Reduce the use of sheltered workshops and other
2342	noncompetitive employment day activities and promote
2343	opportunities for those gainful employment for persons with
2344	developmental disabilities who choose to seek such employment.
2345	(c)  It is the intent of the Legislature that duplicative
2346	and unnecessary administrative procedures and practices shall be
2347	eliminated, and areas of responsibility shall be clearly defined
2348	and consolidated in order to economically utilize present
2349	resources. Furthermore, personnel providing services should be
2350	sufficiently qualified and experienced to meet the needs of the
2351	clients, and they must be sufficient in number to provide
2352	treatment in a manner which is beneficial to the clients.
2353	(d)  It is the intent of the Legislature:
2354	1.  To articulate the existing legal and human rights of
2355	persons with developmental disabilities who are developmentally
2356	disabled so that they may be exercised and protected. Persons
2357	with developmental disabilities shall have all the rights
2358	enjoyed by citizens of the state and the United States.
2359	2.  To provide a mechanism for the identification,
2360	evaluation, and treatment of persons with developmental
2361	disabilities.
2362	3.  To divert those individuals from institutional
2363	commitment who, by virtue of comprehensive assessment, can be
2364	placed in less costly, more effective community environments and
2365	programs.
2366	4.  To fund improvements in the program in accordance with
2367	the availability of state resources and yearly priorities
2368	determined by the Legislature.
2369	5.  To ensure that persons with developmental disabilities
2370	receive treatment and habilitation which fosters the
2371	developmental potential of the individual.
2372	6.  To provide programs for the proper habilitation and
2373	treatment of persons with developmental disabilities which shall
2374	include, but not be limited to, comprehensive medical/dental
2375	care, education, recreation, specialized therapies, training,
2376	social services, transportation, guardianship, family care
2377	programs, day habilitation services, and habilitative and
2378	rehabilitative services suited to the needs of the individual
2379	regardless of age, degree of disability, or handicapping
2380	condition. It is the intent of the Legislature that no person
2381	with developmental disabilities shall be deprived of these
2382	enumerated services by reason of inability to pay.
2383	7.  To fully effectuate the principles of self-
2384	determination normalization principle through the establishment
2385	of community services for persons with developmental
2386	disabilities as a viable and practical alternative to
2387	institutional care at each stage of individual life development
2388	and to promote opportunities for community inclusion. If care in
2389	a residential facility becomes necessary, it shall be in the
2390	least restrictive setting.
2391	8.  To minimize and achieve an ongoing reduction in the use
2392	of restraint and seclusion in facilities and programs serving
2393	persons with developmental disabilities.
2394	(e)  It is the clear, unequivocal intent of this act to
2395	guarantee individual dignity, liberty, pursuit of happiness, and
2396	protection of the civil and legal rights of persons with
2397	developmental disabilities.
2398	(3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL
2399	DISABILITIES.--The rights described in this subsection shall
2400	apply to all persons with developmental disabilities, whether or
2401	not such persons are clients of the agency.
2402	(a)  Persons with developmental disabilities shall have a
2403	right to dignity, privacy, and humane care, including the right
2404	to be free from sexual abuse in residential facilities.
2405	(b)  Persons with developmental disabilities shall have the
2406	right to religious freedom and practice. Nothing shall restrict
2407	or infringe on a person's right to religious preference and
2408	practice.
2409	(c)  Persons with developmental disabilities shall receive
2410	services, within available sources, which protect the personal
2411	liberty of the individual and which are provided in the least
2412	restrictive conditions necessary to achieve the purpose of
2413	treatment.
2414	(d)  Persons with developmental disabilities who are
2415	developmentally disabled shall have a right to participate in an
2416	appropriate program of quality education and training services,
2417	within available resources, regardless of chronological age or
2418	degree of disability. Such persons may be provided with
2419	instruction in sex education, marriage, and family planning.
2420	(e)  Persons with developmental disabilities who are
2421	developmentally disabled shall have a right to social
2422	interaction and to participate in community activities.
2423	(f)  Persons with developmental disabilities who are
2424	developmentally disabled shall have a right to physical exercise
2425	and recreational opportunities.
2426	(g)  Persons with developmental disabilities who are
2427	developmentally disabled shall have a right to be free from
2428	harm, including unnecessary physical, chemical, or mechanical
2429	restraint, isolation, excessive medication, abuse, or neglect.
2430	(h)  Persons with developmental disabilities who are
2431	developmentally disabled shall have a right to consent to or
2432	refuse treatment, subject to the provisions of s. 393.12(2)(a)
2433	or chapter 744.
2434	(i)  No otherwise qualified person shall, by reason of
2435	having a developmental disability, be excluded from
2436	participation in, or be denied the benefits of, or be subject to
2437	discrimination under, any program or activity which receives
2438	public funds, and all prohibitions set forth under any other
2439	statute shall be actionable under this statute.
2440	(j)  No otherwise qualified person shall, by reason of
2441	having a developmental disability, be denied the right to vote
2442	in public elections.
2443	(4)  CLIENT RIGHTS.--For purposes of this subsection, the
2444	term "client," as defined in s. 393.063, shall also include any
2445	person served in a facility licensed under pursuant to s.
2446	393.067.
2447	(a)  Clients shall have an unrestricted right to
2448	communication:
2449	1.  Each client is shall be allowed to receive, send, and
2450	mail sealed, unopened correspondence. A No client's incoming or
2451	outgoing correspondence may not shall be opened, delayed, held,
2452	or censored by the facility unless there is reason to believe
2453	that it contains items or substances which may be harmful to the
2454	client or others, in which case the chief administrator of the
2455	facility may direct reasonable examination of such mail and
2456	regulate the disposition of such items or substances.
2457	2.  Clients in residential facilities shall be afforded
2458	reasonable opportunities for telephone communication, to make
2459	and receive confidential calls, unless there is reason to
2460	believe that the content of the telephone communication may be
2461	harmful to the client or others, in which case the chief
2462	administrator of the facility may direct reasonable observation
2463	and monitoring to the telephone communication.
2464	3.  Clients shall have an unrestricted right to visitation
2465	subject to reasonable rules of the facility. However, nothing in
2466	this provision may not shall be construed to permit infringement
2467	upon other clients' rights to privacy.
2468	(b)  Each client has the right to the possession and use of
2469	his or her own clothing and personal effects, except in those
2470	specific instances where the use of some of these items as
2471	reinforcers is essential for training the client as part of an
2472	appropriately approved behavioral program. The chief
2473	administrator of the facility may take temporary custody of such
2474	effects when it is essential to do so for medical or safety
2475	reasons. Custody of such personal effects shall be promptly
2476	recorded in the client's record, and a receipt for such effects
2477	shall be immediately given to the client, if competent, or the
2478	client's parent or legal guardian.
2479	1.  All money belonging to a client held by the agency
2480	shall be held in compliance with s. 402.17(2).
2481	2.  All interest on money received and held for the
2482	personal use and benefit of a client shall be the property of
2483	that client and may shall not accrue to the general welfare of
2484	all clients or be used to defray the cost of residential care.
2485	Interest so accrued shall be used or conserved for the personal
2486	use or benefit of the individual client as provided in s.
2487	402.17(2).
2488	3.  Upon the discharge or death of a client, a final
2489	accounting shall be made of all personal effects and money
2490	belonging to the client held by the agency. All such personal
2491	effects and money, including interest, shall be promptly turned
2492	over to the client or his or her heirs.
2493	(c)  Each client shall receive prompt and appropriate
2494	medical treatment and care for physical and mental ailments and
2495	for the prevention of any illness or disability. Medical
2496	treatment shall be consistent with the accepted standards of
2497	medical practice in the community.
2498	1.  Medication shall be administered only at the written
2499	order of a physician. Medication shall not be used as
2500	punishment, for the convenience of staff, as a substitute for
2501	implementation of an individual or family support plan or
2502	behavior-analysis services behavior modification programming, or
2503	in unnecessary or excessive quantities.
2504	2.  Daily notation of medication received by each client in
2505	a residential facility shall be kept in the client's record.
2506	3.  Periodically, but no less frequently than every 6
2507	months, the drug regimen of each client in a residential
2508	facility shall be reviewed by the attending physician or other
2509	appropriate monitoring body, consistent with appropriate
2510	standards of medical practice. All prescriptions shall have a
2511	termination date.
2512	4.  When pharmacy services are provided at any residential
2513	facility, such services shall be directed or supervised by a
2514	professionally competent pharmacist licensed according to the
2515	provisions of chapter 465.
2516	5.  Pharmacy services shall be delivered in accordance with
2517	the provisions of chapter 465.
2518	6.  Prior to instituting a plan of experimental medical
2519	treatment or carrying out any necessary surgical procedure,
2520	express and informed consent shall be obtained from the client,
2521	if competent, or the client's parent or legal guardian.
2522	Information upon which the client shall make necessary treatment
2523	and surgery decisions shall include, but not be limited to:
2524	a.  The nature and consequences of such procedures.
2525	b.  The risks, benefits, and purposes of such procedures.
2526	c.  Alternate procedures available.
2527	7.  When the parent or legal guardian of the client is
2528	unknown or unlocatable and the physician is unwilling to perform
2529	surgery based solely on the client's consent, a court of
2530	competent jurisdiction shall hold a hearing to determine the
2531	appropriateness of the surgical procedure. The client shall be
2532	physically present, unless the client's medical condition
2533	precludes such presence, represented by counsel, and provided
2534	the right and opportunity to be confronted with, and to cross-
2535	examine, all witnesses alleging the appropriateness of such
2536	procedure. In such proceedings, the burden of proof by clear and
2537	convincing evidence shall be on the party alleging the
2538	appropriateness of such procedures. The express and informed
2539	consent of a person described in subparagraph 6. may be
2540	withdrawn at any time, with or without cause, prior to treatment
2541	or surgery.
2542	8.  The absence of express and informed consent
2543	notwithstanding, a licensed and qualified physician may render
2544	emergency medical care or treatment to any client who has been
2545	injured or who is suffering from an acute illness, disease, or
2546	condition if, within a reasonable degree of medical certainty,
2547	delay in initiation of emergency medical care or treatment would
2548	endanger the health of the client.
2549	(d)  Each client shall have access to individual storage
2550	space for his or her private use.
2551	(e)  Each client shall be provided with appropriate
2552	physical exercise as prescribed in the client's individual or
2553	family support plan. Indoor and outdoor facilities and equipment
2554	for such physical exercise shall be provided.
2555	(f)  Each client shall receive humane discipline.
2556	(g)  A No client may not shall be subjected to a treatment
2557	program to eliminate problematic bizarre or unusual behaviors
2558	without first being examined by a physician who in his or her
2559	best judgment determines that such behaviors are not organically
2560	caused.
2561	1.  Treatment programs involving the use of noxious or
2562	painful stimuli are shall be prohibited.
2563	2.  All alleged violations of this paragraph shall be
2564	reported immediately to the chief administrator administrative
2565	officer of the facility and or the district administrator, the
2566	agency head, and the Florida local advocacy council. A thorough
2567	investigation of each incident shall be conducted and a written
2568	report of the finding and results of the such investigation
2569	shall be submitted to the chief administrator administrative
2570	officer of the facility or the district administrator and to the
2571	agency head within 24 hours after of the occurrence or discovery
2572	of the incident.
2573	3.  The agency shall adopt by rule a system for the
2574	oversight of behavioral programs. The Such system shall
2575	establish guidelines and procedures governing the design,
2576	approval, implementation, and monitoring of all behavioral
2577	programs involving clients. The system shall ensure statewide
2578	and local review by committees of professionals certified as
2579	behavior analysts pursuant to s. 393.17. No behavioral program
2580	shall be implemented unless reviewed according to the rules
2581	established by the agency under this section. Nothing stated in
2582	this section shall prohibit the review of programs by the
2583	Florida statewide or local advocacy councils.
2584	(h)  Each client engaged in work programs which require
2585	compliance with federal wage and hour laws shall be provided
2586	with minimum wage protection and fair compensation for labor in
2587	accordance with the federal wage-per-hour regulations.
2588	(h)(i)  Clients shall have the right to be free from the
2589	unnecessary use of restraint or seclusion physical, chemical, or
2590	mechanical restraint. Restraints shall be employed only in
2591	emergencies or to protect the client or others from imminent
2592	injury to himself or herself or others. Restraints may shall not
2593	be employed as punishment, for the convenience of staff, or as a
2594	substitute for a support habilitative plan. Restraints shall
2595	impose the least possible restrictions consistent with their
2596	purpose and shall be removed when the emergency ends. Restraints
2597	shall not cause physical injury to the client and shall be
2598	designed to allow the greatest possible comfort.
2599	1.  Mechanical supports used in normative situations to
2600	achieve proper body position and balance shall not be considered
2601	restraints, but shall be prescriptively designed and applied
2602	under the supervision of a qualified professional with concern
2603	for principles of good body alignment, circulation, and
2604	allowance for change of position.
2605	2.  Totally enclosed cribs and barred enclosures shall be
2606	considered restraints.
2607	1.3.  Daily reports on the employment of restraint or
2608	seclusion physical, chemical, or mechanical restraints by those
2609	specialists authorized in the use of such restraints shall be
2610	made to the appropriate chief administrator of the facility or
2611	program licensed under this chapter, and a monthly compilation
2612	summary of such reports shall be relayed to the agency's local
2613	area office district administrator and the Florida local
2614	advocacy council. The monthly reports shall summarize all such
2615	cases of restraints, the type used, the duration of usage, and
2616	the reasons therefor. The area offices Districts shall submit
2617	monthly summaries of these districtwide quarterly reports of
2618	these summaries to the agency's central office state
2619	Developmental Disabilities Program Office.
2620	2.4.  The agency shall adopt by rule standards and
2621	procedures relating to the use of restraint and seclusion post a
2622	copy of the rules adopted under this section in each living unit
2623	of residential facilities. Such rules must be consistent with
2624	recognized best practices; prohibit inherently dangerous
2625	restraint or seclusion procedures; establish limitations on the
2626	use and duration of restraint and seclusion; establish measures
2627	to ensure the safety of clients and staff during an incident of
2628	restraint or seclusion; establish procedures for staff to follow
2629	before, during, and after incidents of restraint or seclusion,
2630	including individualized plans for the use of restraints or
2631	seclusion in emergency situations; establish professional
2632	qualifications of and training for staff who may order or be
2633	engaged in the use of restraint or seclusion; establish
2634	requirements for facility data collection and reporting relating
2635	to the use of restraint and seclusion; and establish procedures
2636	relating to the documentation of the use of restraint or
2637	seclusion in the client's facility or program record. A copy of
2638	the rules adopted under this subparagraph section shall be given
2639	to the client, parent, guardian or guardian advocate, and all
2640	staff members of licensed facilities and programs licensed under
2641	this chapter and made a part of all staff preservice and
2642	inservice training programs.
2643	(i)(j)1.  Each client shall have a central record. The
2644	central record shall be established by the agency at the time
2645	that an individual is determined eligible for services, shall be
2646	maintained by the client's support coordinator, and must contain
2647	information include data pertaining to admission, diagnosis and
2648	treatment history, present condition, and such other information
2649	as may be required under rules of the agency. The central record
2650	is the property of the agency.
2651	1.2.  Unless waived by the client, if competent, or the
2652	client's parent or legal guardian if the client is incompetent,
2653	the client's central record shall be confidential and exempt
2654	from the provisions of s. 119.07(1), and no part of it shall be
2655	released except:
2656	a.  The record may be released to physicians, attorneys,
2657	and government agencies having need of the record to aid the
2658	client, as designated by the client, if competent, or the
2659	client's parent or legal guardian, if the client is incompetent.
2660	b.  The record shall be produced in response to a subpoena
2661	or released to persons authorized by order of court, excluding
2662	matters privileged by other provisions of law.
2663	c.  The record or any part thereof may be disclosed to a
2664	qualified researcher, a staff member of the facility where the
2665	client resides, or an employee of the agency when the
2666	administrator of the facility or the director of the agency
2667	deems it necessary for the treatment of the client, maintenance
2668	of adequate records, compilation of treatment data, or
2669	evaluation of programs.
2670	d.  Information from the records may be used for
2671	statistical and research purposes if the information is
2672	abstracted in such a way to protect the identity of individuals.
2673	3.  All central records for each client in residential
2674	facilities shall be kept on uniform forms distributed by the
2675	agency. The central record shall accurately summarize each
2676	client's history and present condition.
2677	2.4.  The client, if competent, or the client's parent or
2678	legal guardian if the client is incompetent, shall be supplied
2679	with a copy of the client's central record upon request.
2680	(j)(k)  Each client residing in a residential facility who
2681	is eligible to vote in public elections according to the laws of
2682	the state has shall have the right to vote. Facilities operators
2683	shall arrange the means to exercise the client's right to vote.
2684	(5)  LIABILITY FOR VIOLATIONS.--Any person who violates or
2685	abuses any rights or privileges of persons with developmental
2686	disabilities who are developmentally disabled provided by this
2687	chapter is act shall be liable for damages as determined by law.
2688	Any person who acts in good faith compliance with the provisions
2689	of this chapter is act shall be immune from civil or criminal
2690	liability for actions in connection with evaluation, admission,
2691	habilitative programming, education, treatment, or discharge of
2692	a client. However, this section does shall not relieve any
2693	person from liability if the such person is guilty of
2694	negligence, misfeasance, nonfeasance, or malfeasance.
2695	(6)  NOTICE OF RIGHTS.--Each person with developmental
2696	disabilities, if competent, or parent or legal guardian of such
2697	person if the person is incompetent, shall promptly receive from
2698	the agency or the Department of Education a written copy of this
2699	act. Each person with developmental disabilities able to
2700	comprehend shall be promptly informed, in the language or other
2701	mode of communication which such person understands, of the
2702	above legal rights of persons with developmental disabilities.
2703	(7)  RESIDENT GOVERNMENT.--Each residential facility
2704	providing services to clients who are desirous and capable of
2705	participating shall initiate and develop a program of resident
2706	government to hear the views and represent the interests of all
2707	clients served by the facility. The resident government shall be
2708	composed of residents elected by other residents, staff advisers
2709	skilled in the administration of community organizations, and,
2710	at the option of the resident government, representatives of
2711	advocacy groups for persons with developmental disabilities from
2712	the community a representative of the Florida local advocacy
2713	council. The resident government shall work closely with the
2714	Florida local advocacy council and the district administrator to
2715	promote the interests and welfare of all residents in the
2716	facility.
2717	Section 30.  Subsections (1), (2), (3), (4), and (5) of
2718	section 393.135, Florida Statutes, are amended to read:
2719	393.135  Sexual misconduct prohibited; reporting required;
2720	penalties.--
2721	(1)  As used in this section, the term:
2722	(a)  "Covered person" "Employee" includes any employee,
2723	paid staff member, volunteer, or intern of the agency or the
2724	department; any person under contract with the agency or the
2725	department; and any person providing care or support to a client
2726	on behalf of the agency department or its providers.
2727	(b)  "Sexual activity" means:
2728	1.  Fondling the genital area, groin, inner thighs,
2729	buttocks, or breasts of a person.
2730	2.  The oral, anal, or vaginal penetration by or union with
2731	the sexual organ of another or the anal or vaginal penetration
2732	of another by any other object.
2733	3.  Intentionally touching in a lewd or lascivious manner
2734	the breasts, genitals, the genital area, or buttocks, or the
2735	clothing covering them, of a person, or forcing or enticing a
2736	person to touch the perpetrator.
2737	4.  Intentionally masturbating in the presence of another
2738	person.
2739	5.  Intentionally exposing the genitals in a lewd or
2740	lascivious manner in the presence of another person.
2741	6.  Intentionally committing any other sexual act that does
2742	not involve actual physical or sexual contact with the victim,
2743	including, but not limited to, sadomasochistic abuse, sexual
2744	bestiality, or the simulation of any act involving sexual
2745	activity in the presence of a victim.
2746	(c)  "Sexual misconduct" means any sexual activity between
2747	a covered person an employee and a client to whom a covered
2748	person renders services, care, or support on behalf of the
2749	agency or its providers, or between a covered person and another
2750	client who lives in the same home as the client to whom a
2751	covered person is rendering the services, care, or support,
2752	regardless of the consent of the client. The term does not
2753	include an act done for a bona fide medical purpose or an
2754	internal search conducted in the lawful performance of duty by a
2755	covered person an employee.
2756	(2)  A covered person An employee who engages in sexual
2757	misconduct with an individual with a developmental disability
2758	who:
2759	(a)  Is in the custody of the department;
2760	(a)(b)  Resides in a residential facility, including any
2761	comprehensive transitional education program, developmental
2762	disabilities services institution, foster care facility, group
2763	home facility, intermediate care facility for the
2764	developmentally disabled, or residential habilitation center; or
2765	(b)(c)  Is eligible to receive Receives services from the
2766	agency under this chapter a family care program,
2767
2768	commits a felony of the second degree, punishable as provided in
2769	s. 775.082, s. 775.083, or s. 775.084. A covered person An
2770	employee may be found guilty of violating this subsection
2771	without having committed the crime of sexual battery.
2772	(3)  The consent of the client to sexual activity is not a
2773	defense to prosecution under this section.
2774	(4)  This section does not apply to a covered person an
2775	employee who:
2776	(a)  is legally married to the client; or
2777	(b)  Has no reason to believe that the person with whom the
2778	employee engaged in sexual misconduct is a client receiving
2779	services as described in subsection (2).
2780	(5)  A covered person An employee who witnesses sexual
2781	misconduct, or who otherwise knows or has reasonable cause to
2782	suspect that a person has engaged in sexual misconduct, shall
2783	immediately report the incident to the department's central
2784	abuse hotline of the Department of Children and Family Services
2785	and to the appropriate local law enforcement agency. The covered
2786	person Such employee shall also prepare, date, and sign an
2787	independent report that specifically describes the nature of the
2788	sexual misconduct, the location and time of the incident, and
2789	the persons involved. The covered person employee shall deliver
2790	the report to the supervisor or program director, who is
2791	responsible for providing copies to the agency's local office
2792	and the agency's department's inspector general. The inspector
2793	general shall immediately conduct an appropriate administrative
2794	investigation, and, if there is probable cause to believe that
2795	sexual misconduct has occurred, the inspector general shall
2796	notify the state attorney in the circuit in which the incident
2797	occurred.
2798	Section 31.  Section 393.15, Florida Statutes, is amended
2799	to read:
2800	393.15  Legislative intent; Community Resources Development
2801	Loan Program Trust Fund.--
2802	(1)  The Legislature finds and declares that the
2803	development of community-based treatment facilities for persons
2804	with developmental disabilities who are developmentally disabled
2805	is desirable and recommended and should be encouraged and
2806	fostered by the state. The Legislature further recognizes that
2807	the development of such facilities is financially difficult for
2808	private individuals, due to initial expenditures required to
2809	adapt existing structures to the special needs of such persons
2810	who are developmentally disabled who may be served in community-
2811	based foster care, group home, developmental training, and
2812	supported employment programs. Therefore, it is the intent of
2813	the Legislature intends that the agency by this act to develop
2814	and administer a loan program trust fund to provide support and
2815	encouragement in the establishment of community-based foster
2816	care, group home, developmental training, and supported
2817	employment programs for persons with developmental disabilities
2818	who are developmentally disabled.
2819	(2)  As used in this section, a foster care, group home,
2820	developmental training, or supported employment program may not
2821	be a for-profit corporation, but may be a nonprofit corporation,
2822	partnership, or sole proprietorship.
2823	(2)(3)  There is created a Community Resources Development
2824	Loan Program in Trust Fund in the State Treasury to be used by
2825	the agency for the purpose of granting loans to eligible
2826	programs for the initial costs of development of the programs.
2827	In order to be eligible for the program, a foster home, group
2828	home, or supported employment program must:
2829	(a)  Serve persons with developmental disabilities;
2830	(b)  Be a nonprofit corporation, partnership, or sole
2831	proprietorship; and
2832	(c)  Be Loans shall be made only to those facilities which
2833	are in compliance with the zoning regulations of the local
2834	community.
2835	(3)  Loans may be made to pay for the costs of development
2836	and may include structural modification, the purchase of
2837	equipment and fire and safety devices, preoperational staff
2838	training, and the purchase of insurance. Such costs may shall
2839	not include the actual construction of a facility and may not be
2840	in lieu of payment for maintenance, client services, or care
2841	provided.
2842	(4)  The agency may grant to an eligible program a lump-sum
2843	loan in one payment not to exceed the cost to the program of
2844	providing 2 months' services, care, or maintenance to each
2845	person with developmental disabilities who is developmentally
2846	disabled to be placed in the program by the agency, or the
2847	actual cost of firesafety renovations to a facility required by
2848	the state, whichever is greater. Loans granted to programs shall
2849	not be in lieu of payment for maintenance, services, or care
2850	provided, but shall stand separate and distinct.
2851	(5)  The agency shall adopt rules, as provided in chapter
2852	120, to determine the criteria standards under which a program
2853	shall be eligible to receive a loan as provided in this section
2854	and the methodology criteria for the equitable allocation of
2855	loan trust funds when eligible applications exceed the funds
2856	available.
2857	(6)(5)  Any loan granted by the agency under this section
2858	shall be repaid by the program within 5 years and the amount
2859	paid shall be deposited into the agency's Administrative Trust
2860	Fund. Moneys repaid shall be used to fund new loans. A program
2861	that operates as a nonprofit corporation meeting the
2862	requirements of s. 501(c)(3) of the Internal Revenue Code, and
2863	that seeks forgiveness of its loan shall submit to the agency an
2864	annual a statement setting forth the service it has provided
2865	during the year together with such other information as the
2866	agency by rule shall require, and, upon approval of each such
2867	annual statement, the agency may shall forgive up to 20 percent
2868	of the principal of any such loan granted after June 30, 1975.
2869	(7)(6)  If any program that has received a loan under this
2870	section ceases to accept, or provide care, services, or
2871	maintenance to persons placed in the program by the department,
2872	or if such program files papers of bankruptcy, at that point in
2873	time the loan shall become an interest-bearing loan at the rate
2874	of 5 percent per annum on the entire amount of the initial loan
2875	which shall be repaid within a 1-year period from the date on
2876	which the program ceases to provide care, services, or
2877	maintenance, or files papers in bankruptcy, and the amount of
2878	the loan due plus interest shall constitute a lien in favor of
2879	the state against all real and personal property of the program.
2880	The lien shall be perfected by the appropriate officer of the
2881	agency by executing and acknowledging a statement of the name of
2882	the program and the amount due on the loan and a copy of the
2883	promissory note, which shall be recorded by the agency with the
2884	clerk of the circuit court in the county wherein the program is
2885	located. If the program has filed a petition for bankruptcy, the
2886	agency shall file and enforce the lien in the bankruptcy
2887	proceedings. Otherwise, the lien shall be enforced in the manner
2888	provided in s. 85.011. All funds received by the agency from the
2889	enforcement of the lien shall be deposited in the agency's
2890	Administrative Community Resources Development Trust Fund and
2891	used to fund new loans.
2892	Section 32.  Section 393.17, Florida Statutes, is amended
2893	to read:
2894	393.17  Behavioral programs; certification of behavior
2895	analysts.--
2896	(1)  The agency may establish a certification process for
2897	behavior analysts in order to ensure that only qualified
2898	employees and service providers provide behavioral analysis
2899	services to clients. The procedures must be established by rule
2900	and must include criteria for scope of practice, qualifications
2901	for certification, including training and testing requirements,
2902	continuing education requirements for ongoing certification, and
2903	standards of performance. The procedures must also include
2904	decertification procedures that may be used to determine whether
2905	an individual continues to meet the qualifications for
2906	certification or the professional performance standards and, if
2907	not, the procedures necessary to decertify an employee or
2908	service provider.
2909	(2)  The agency shall may recognize the certification of
2910	behavior analysts awarded by a nonprofit corporation that
2911	adheres to the national standards of boards that determine
2912	professional credentials and whose mission is to meet
2913	professional credentialing needs identified by behavior
2914	analysts, state governments, and consumers of behavior analysis
2915	services and whose work has the support of the Association for
2916	Behavior Analysis International. The certification procedure
2917	recognized by the agency must undergo regular psychometric
2918	review and validation, pursuant to a job analysis survey of the
2919	profession and standards established by content experts in the
2920	field.
2921	Section 33.  Section 393.18, Florida Statutes, is created
2922	to read:
2923	393.18  Comprehensive transitional education program.--A
2924	comprehensive transition education program is a group of jointly
2925	operating centers or units, the collective purpose of which is
2926	to provide a sequential series of educational care, training,
2927	treatment, habilitation, and rehabilitation services to persons
2928	who have developmental disabilities and who have severe or
2929	moderate maladaptive behaviors. However, this section does not
2930	require such programs to provide services only to persons with
2931	developmental disabilities. All such services shall be temporary
2932	in nature and delivered in a structured residential setting,
2933	having the primary goal of incorporating the principle of self-
2934	determination in establishing permanent residence for persons
2935	with maladaptive behaviors in facilities that are not associated
2936	with the comprehensive transitional education program. The staff
2937	shall include behavior analysts and teachers, as appropriate,
2938	who shall be available to provide services in each component
2939	center or unit of the program. A behavior analyst must be
2940	certified pursuant to s. 393.17.
2941	(1)  Comprehensive transitional education programs shall
2942	include a minimum of two component centers or units, one of
2943	which shall be an intensive treatment and educational center or
2944	a transitional training and educational center, which provides
2945	services to persons with maladaptive behaviors in the following
2946	sequential order:
2947	(a)  Intensive treatment and educational center.--This
2948	component is a self-contained residential unit providing
2949	intensive behavioral and educational programming for persons
2950	with severe maladaptive behaviors whose behaviors preclude
2951	placement in a less-restrictive environment due to the threat of
2952	danger or injury to themselves or others. Continuous-shift staff
2953	shall be required for this component.
2954	(b)  Transitional training and educational center.--This
2955	component is a residential unit for persons with moderate
2956	maladaptive behaviors providing concentrated psychological and
2957	educational programming that emphasizes a transition toward a
2958	less-restrictive environment. Continuous-shift staff shall be
2959	required for this component.
2960	(c)  Community transition residence.--This component is a
2961	residential center providing educational programs and any
2962	support services, training, and care that are needed to assist
2963	persons with maladaptive behaviors to avoid regression to more
2964	restrictive environments while preparing them for more
2965	independent living. Continuous-shift staff shall be required for
2966	this component.
2967	(d)  Alternative living center.--This component is a
2968	residential unit providing an educational and family living
2969	environment for persons with maladaptive behaviors in a
2970	moderately unrestricted setting. Residential staff shall be
2971	required for this component.
2972	(e)  Independent living education center.--This component
2973	is a facility providing a family living environment for persons
2974	with maladaptive behaviors in a largely unrestricted setting and
2975	includes education and monitoring that is appropriate to support
2976	the development of independent living skills.
2977	(2)  Components of a comprehensive transitional education
2978	program are subject to the license issued under s. 393.067 to a
2979	comprehensive transitional education program and may be located
2980	on a single site or multiple sites.
2981	(3)  Comprehensive transitional education programs shall
2982	develop individual education plans for each person with
2983	maladaptive behaviors who receives services from the program.
2984	Each individual education plan shall be developed in accordance
2985	with the criteria specified in 20 U.S.C. ss. 401 et seq., and 34
2986	C.F.R. part 300.
2987	(4)  The total number of persons with maladaptive behaviors
2988	who are being provided with services in a comprehensive
2989	transitional education program may not in any instance exceed
2990	120 residents.
2991	(5)  This section shall authorize licensure for
2992	comprehensive transitional education programs which by July 1,
2993	1989:
2994	(a)  Were in actual operation; or
2995	(b)  Owned a fee simple interest in real property for which
2996	a county or city government has approved zoning allowing for the
2997	placement of the facilities described in this subsection, and
2998	have registered an intent with the agency to operate a
2999	comprehensive transitional education program. However, nothing
3000	shall prohibit the assignment by such a registrant to another
3001	entity at a different site within the state, so long as there is
3002	compliance with all criteria of this program and local zoning
3003	requirements and provided that each residential facility within
3004	the component centers or units of the program authorized under
3005	this subparagraph does not exceed a capacity of 15 persons.
3006	Section 34.  Section 393.23, Florida Statutes, is created
3007	to read:
3008	393.23  Developmental disabilities institutions; trust
3009	accounts.--All receipts from the operation of canteens, vending
3010	machines, hobby shops, sheltered workshops, activity centers,
3011	farming projects, and other like activities operated in a
3012	developmental disabilities institution, and moneys donated to
3013	the institution, must be deposited in a trust account in any
3014	bank, credit union, or savings and loan association authorized
3015	by the State Treasury as a qualified depositor to do business in
3016	this state, if the moneys are available on demand.
3017	(1)  Moneys in the trust account must be expended for the
3018	benefit, education, and welfare of clients. However, if
3019	specified, moneys that are donated to the institution must be
3020	expended in accordance with the intentions of the donor. Trust
3021	account money may not be used for the benefit of employees of
3022	the agency, or to pay the wages of such employees. The welfare
3023	of the clients includes the expenditure of funds for the
3024	purchase of items for resale at canteens or vending machines,
3025	and for the establishment of, maintenance of, and operation of
3026	canteens, hobby shops, recreational or entertainment facilities,
3027	sheltered workshops, activity centers, farming projects, or
3028	other like facilities or programs established at the
3029	institutions for the benefit of clients.
3030	(2)  The institution may invest, in the manner authorized
3031	by law for fiduciaries, any money in a trust account which is
3032	not necessary for immediate use. The interest earned and other
3033	increments derived from the investments of the money must be
3034	deposited into the trust account for the benefit of clients.
3035	(3)  The accounting system of an institution must account
3036	separately for revenues and expenses for each activity. The
3037	institution shall reconcile the trust account to the
3038	institution's accounting system and check registers and to the
3039	accounting system of the Chief Financial Officer.
3040	(4)  All sales taxes collected by the institution as a
3041	result of sales shall be deposited into the trust account and
3042	remitted to the Department of Revenue.
3043	(5)  Funds shall be expended in accordance with
3044	requirements and guidelines established by the Chief Financial
3045	Officer.
3046	Section 35.  Section 393.501, Florida Statutes, is amended
3047	to read:
3048	393.501  Rulemaking.--
3049	(1)  The agency may shall adopt rules pursuant to ss.
3050	120.536(1) and 120.54 to carry out its statutory duties the
3051	provisions of this chapter.
3052	(2)  Such rules shall address the number of facilities on a
3053	single lot parcel or on adjacent lots parcels of land, and in
3054	addition, for ICF/MR, the rate and location of facility
3055	development and level of care. In adopting rules, an alternative
3056	living center and an independent living education center, as
3057	described in s. 393.18, shall be subject to the provisions of s.
3058	419.001, except that such centers shall be exempt from the
3059	1,000-foot-radius requirement of s. 419.001(2) if:
3060	(a)  The centers are located on a site zoned in a manner
3061	that permits all the components of a comprehensive transition
3062	education center to be located on the site; or
3063	(b)  There are no more than three such centers within a
3064	radius of 1,000 feet.
3065	Section 36.  Section 394.453, Florida Statutes, is amended
3066	to read:
3067	394.453  Legislative intent.--It is the intent of the
3068	Legislature to authorize and direct the Department of Children
3069	and Family Services to evaluate, research, plan, and recommend
3070	to the Governor and the Legislature programs designed to reduce
3071	the occurrence, severity, duration, and disabling aspects of
3072	mental, emotional, and behavioral disorders. It is the intent of
3073	the Legislature that treatment programs for such disorders shall
3074	include, but not be limited to, comprehensive health, social,
3075	educational, and rehabilitative services to persons requiring
3076	intensive short-term and continued treatment in order to
3077	encourage them to assume responsibility for their treatment and
3078	recovery. It is intended that such persons be provided with
3079	emergency service and temporary detention for evaluation when
3080	required; that they be admitted to treatment facilities on a
3081	voluntary basis when extended or continuing care is needed and
3082	unavailable in the community; that involuntary placement be
3083	provided only when expert evaluation determines that it is
3084	necessary; that any involuntary treatment or examination be
3085	accomplished in a setting which is clinically appropriate and
3086	most likely to facilitate the person's return to the community
3087	as soon as possible; and that individual dignity and human
3088	rights be guaranteed to all persons who are admitted to mental
3089	health facilities or who are being held under s. 394.463. It is
3090	the further intent of the Legislature that the least restrictive
3091	means of intervention be employed based on the individual needs
3092	of each person, within the scope of available services. It is
3093	the policy of this state that the use of restraint and seclusion
3094	on clients is justified only as an emergency safety measure to
3095	be used in response to imminent danger to the client or others.
3096	It is, therefore, the intent of the Legislature to achieve an
3097	ongoing reduction in the use of restraint and seclusion in
3098	programs and facilities serving persons with mental illness.
3099	Section 37.  Present subsections (28) through (33) of
3100	section 394.455, Florida Statutes, are redesignated as
3101	subsections (30) through (35), respectively, and new subsections
3102	(28) and (29) are added to that section, to read:
3103	394.455  Definitions.--As used in this part, unless the
3104	context clearly requires otherwise, the term:
3105	(28)(a)  "Restraint" means a physical device, method, or
3106	drug used to control behavior. A physical restraint is any
3107	manual method or physical or mechanical device, material, or
3108	equipment attached or adjacent to the individual's body so that
3109	he or she cannot easily remove the restraint and which restricts
3110	freedom of movement or normal access to one's body.
3111	(b)  A drug used as a restraint is a medication used to
3112	control the person's behavior or to restrict his or her freedom
3113	of movement and is not part of the standard treatment regimen of
3114	a person with a diagnosed mental illness who is a client of the
3115	department. Physically holding a person during a procedure to
3116	forcibly administer psychotropic medication is a physical
3117	restraint.
3118	(c)  Restraint does not include physical devices, such as
3119	orthopedically prescribed appliances, surgical dressings and
3120	bandages, supportive body bands, or other physical holding when
3121	necessary for routine physical examinations and tests; or for
3122	purposes of orthopedic, surgical, or other similar medical
3123	treatment; when used to provide support for the achievement of
3124	functional body position or proper balance; or when used to
3125	protect a person from falling out of bed.
3126	(29)  "Seclusion" means the physical segregation of a
3127	person in any fashion or involuntary isolation of a person in a
3128	room or area from which the person is prevented from leaving.
3129	The prevention may be by physical barrier or by a staff member
3130	who is acting in a manner, or who is physically situated, so as
3131	to prevent the person from leaving the room or area. For
3132	purposes of this chapter, the term does not mean isolation due
3133	to a person's medical condition or symptoms.
3134	Section 38.  Paragraph (b) of subsection (5) of section
3135	394.457, Florida Statutes, is amended to read:
3136	394.457  Operation and administration.--
3137	(5)  RULES.--
3138	(b)  The department shall adopt rules necessary for the
3139	implementation and administration of the provisions of this
3140	part, and a program subject to the provisions of this part shall
3141	not be permitted to operate unless rules designed to ensure the
3142	protection of the health, safety, and welfare of the patients
3143	treated through such program have been adopted. Rules adopted
3144	under this subsection must include provisions governing the use
3145	of restraint and seclusion which are consistent with recognized
3146	best practices and professional judgment; prohibit inherently
3147	dangerous restraint or seclusion procedures; establish
3148	limitations on the use and duration of restraint and seclusion;
3149	establish measures to ensure the safety of program participants
3150	and staff during an incident of restraint or seclusion;
3151	establish procedures for staff to follow before, during, and
3152	after incidents of restraint or seclusion; establish
3153	professional qualifications of and training for staff who may
3154	order or be engaged in the use of restraint or seclusion; and
3155	establish mandatory reporting, data collection, and data
3156	dissemination procedures and requirements. Rules adopted under
3157	this subsection must require that each instance of the use of
3158	restraint or seclusion be documented in the record of the
3159	patient.
3160	Section 39.  Paragraph (g) is added to subsection (1) of
3161	section 394.879, Florida Statutes, to read:
3162	394.879  Rules; enforcement.--
3163	(1)  The department, in consultation with the agency, shall
3164	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
3165	the provisions of this chapter, including, at a minimum, rules
3166	providing standards to ensure that:
3167	(g)  The use of restraint and seclusion is consistent with
3168	recognized best practices and professional judgment; that
3169	inherently dangerous restraint or seclusion procedures are
3170	prohibited; that limitations are established on the use and
3171	duration of restraint and seclusion; that measures are
3172	established to ensure the safety of program participants and
3173	staff during an incident of restraint or seclusion; that
3174	procedures are created for staff to follow before, during, and
3175	after incidents of restraint or seclusion; that professional
3176	qualifications and training are established for staff who may
3177	order or be engaged in the use of restraint or seclusion; and
3178	that mandatory reporting, data collection, and data
3179	dissemination procedures and requirements are instituted. Rules
3180	adopted under this section must require that any instance of the
3181	use of restraint or seclusion shall be documented in the record
3182	of the client.
3183	Section 40.  Subsection (9) of section 397.405, Florida
3184	Statutes, is amended to read:
3185	397.405  Exemptions from licensure.--The following are
3186	exempt from the licensing provisions of this chapter:
3187	(9)  Facilities licensed under chapter 393 which s. 393.063
3188	that, in addition to providing services to persons with
3189	developmental disabilities who are developmentally disabled as
3190	defined therein, also provide services to persons
3191	developmentally at risk as a consequence of exposure to alcohol
3192	or other legal or illegal drugs while in utero.
3193
3194	The exemptions from licensure in this section do not apply to
3195	any service provider that receives an appropriation, grant, or
3196	contract from the state to operate as a service provider as
3197	defined in this chapter or to any substance abuse program
3198	regulated pursuant to s. 397.406. Furthermore, this chapter may
3199	not be construed to limit the practice of a physician licensed
3200	under chapter 458 or chapter 459, a psychologist licensed under
3201	chapter 490, or a psychotherapist licensed under chapter 491 who
3202	provides substance abuse treatment, so long as the physician,
3203	psychologist, or psychotherapist does not represent to the
3204	public that he or she is a licensed service provider and does
3205	not provide services to clients pursuant to part V of this
3206	chapter. Failure to comply with any requirement necessary to
3207	maintain an exempt status under this section is a misdemeanor of
3208	the first degree, punishable as provided in s. 775.082 or s.
3209	775.083.
3210	Section 41.  Subsection (13) of section 400.419, Florida
3211	Statutes, is amended to read:
3212	400.419  Violations; imposition of administrative fines;
3213	grounds.--
3214	(13)  The agency shall develop and disseminate an annual
3215	list of all facilities sanctioned or fined $5,000 or more for
3216	violations of state standards, the number and class of
3217	violations involved, the penalties imposed, and the current
3218	status of cases. The list shall be disseminated, at no charge,
3219	to the Department of Elderly Affairs, the Department of Health,
3220	the Department of Children and Family Services, the Agency for
3221	Persons with Disabilities, the area agencies on aging, the
3222	Florida Statewide Advocacy Council, and the state and local
3223	ombudsman councils. The Department of Children and Family
3224	Services shall disseminate the list to service providers under
3225	contract to the department who are responsible for referring
3226	persons to a facility for residency. The agency may charge a fee
3227	commensurate with the cost of printing and postage to other
3228	interested parties requesting a copy of this list.
3229	Section 42.  Section 400.960, Florida Statutes, is amended
3230	to read:
3231	400.960  Definitions.--As used in this part, the term:
3232	(1)  "Active treatment" means the provision of services by
3233	an interdisciplinary team which are necessary to maximize a
3234	client's individual independence or prevent regression or loss
3235	of functional status.
3236	(2)  "Agency" means the Agency for Health Care
3237	Administration.
3238	(3)  "Autism" has the same meaning as in s. 393.063. means
3239	a pervasive, neurologically based developmental disability of
3240	extended duration which causes severe learning, communication,
3241	and behavior disorders with age of onset during infancy or
3242	childhood. Individuals with autism exhibit impairment in
3243	reciprocal social interaction, impairment in verbal and
3244	nonverbal communication and imaginative ability, and a markedly
3245	restricted repertoire of activities and interests.
3246	(4)  "Cerebral palsy" has the same meaning as in s.
3247	393.063. means a group of disabling symptoms of extended
3248	duration which results from damage to the developing brain
3249	occurring before, during, or after birth and resulting in the
3250	loss or impairment of control over voluntary muscles. The term
3251	does not include those symptoms or impairments resulting solely
3252	from a stroke.
3253	(5)  "Client" means any person determined by the Agency for
3254	Persons with Disabilities department to be eligible for
3255	developmental services.
3256	(6)  "Client advocate" means a friend or relative of the
3257	client, or of the client's immediate family, who advocates for
3258	the best interests of the client in any proceedings under this
3259	part in which the client or his or her family has the right or
3260	duty to participate.
3261	(7)  "Department" means the Department of Children and
3262	Family Services.
3263	(6)(8)  "Developmental disability" has the same meaning as
3264	in s. 393.063 means a disorder or syndrome that is attributable
3265	to retardation, cerebral palsy, autism, spina bifida, or Prader-
3266	Willi syndrome and that constitutes a substantial handicap that
3267	can reasonably be expected to continue indefinitely.
3268	(7)(9)  "Direct service provider" means a person 18 years
3269	of age or older who has direct contact with individuals with
3270	developmental disabilities and who is unrelated to the
3271	individuals with developmental disabilities.
3272	(10)  "Epilepsy" means a chronic brain disorder of various
3273	causes which is characterized by recurrent seizures due to
3274	excessive discharge of cerebral neurons. When found concurrently
3275	with retardation, autism, or cerebral palsy, epilepsy is
3276	considered a secondary disability for which the client is
3277	eligible to receive services to ameliorate this condition
3278	according to the provisions of this part.
3279	(11)  "Guardian advocate" means a person appointed by the
3280	circuit court to represent a person with developmental
3281	disabilities in any proceedings brought pursuant to s. 393.12,
3282	and is distinct from a guardian advocate for mentally ill
3283	persons under chapter 394.
3284	(8)(12)  "Intermediate care facility for the
3285	developmentally disabled" means a residential facility licensed
3286	and certified in accordance with state law, and certified by the
3287	Federal Government, pursuant to the Social Security Act, as a
3288	provider of Medicaid services to persons with developmental
3289	disabilities who are developmentally disabled.
3290	(9)(13)  "Prader-Willi syndrome" has the same meaning as in
3291	s. 393.063. means an inherited condition typified by neonatal
3292	hypotonia with failure to thrive, hyperphagia, or an excessive
3293	drive to eat which leads to obesity, usually at 18 to 36 months
3294	of age, mild to moderate retardation, hypogonadism, short
3295	stature, mild facial dysmorphism, and a characteristic
3296	neurobehavior.
3297	(10)(a)  "Restraint" means a physical device, method, or
3298	drug used to control behavior. A physical restraint is any
3299	manual method or physical or mechanical device, material, or
3300	equipment attached or adjacent to the individual's body so that
3301	he or she cannot easily remove the restraint and which restricts
3302	freedom of movement or normal access to one's body.
3303	(b)  A drug used as a restraint is a medication used to
3304	control the person's behavior or to restrict his or her freedom
3305	of movement. Physically holding a person during a procedure to
3306	forcibly administer psychotropic medication is a physical
3307	restraint.
3308	(c)  Restraint does not include physical devices, such as
3309	orthopedically prescribed appliances, surgical dressings and
3310	bandages, supportive body bands, or other physical holding when
3311	necessary for routine physical examinations and tests; for
3312	purposes of orthopedic, surgical, or other similar medical
3313	treatment; when used to provide support for the achievement of
3314	functional body position or proper balance; or when used to
3315	protect a person from falling out of bed.
3316	(11)(14)  "Retardation" has the same meaning as in s.
3317	393.063. means significantly subaverage general intellectual
3318	functioning existing concurrently with deficits in adaptive
3319	behavior and manifested during the period from conception to age
3320	18. "Significantly subaverage general intellectual functioning,"
3321	for the purpose of this definition, means performance that is
3322	two or more standard deviations from the mean score on a
3323	standardized intelligence test specified in rules of the
3324	department. "Deficits in adaptive behavior," for the purpose of
3325	this definition, means deficits in the effectiveness or degree
3326	with which an individual meets the standards of personal
3327	independence and social responsibility expected of his or her
3328	age, cultural group, and community.
3329	(12)  "Seclusion" means the physical segregation of a
3330	person in any fashion or the involuntary isolation of a person
3331	in a room or area from which the person is prevented from
3332	leaving. The prevention may be by physical barrier or by a staff
3333	member who is acting in a manner, or who is physically situated,
3334	so as to prevent the person from leaving the room or area. For
3335	purposes of this part, the term does not mean isolation due to a
3336	person's medical condition or symptoms.
3337	(13)(15)  "Spina bifida" has the same meaning as in s.
3338	393.063 means a medical diagnosis of spina bifida cystica or
3339	myelomeningocele.
3340	Section 43.  Subsection (12) is added to section 400.962,
3341	Florida Statutes, to read:
3342	400.962  License required; license application.--
3343	(12)  The applicant must agree to provide or arrange for
3344	active treatment services by an interdisciplinary team to
3345	maximize individual independence or prevent regression or loss
3346	of functional status. Standards for active treatment shall be
3347	adopted by the Agency for Health Care Administration by rule
3348	pursuant to ss. 120.536(1) and 120.54. Active treatment services
3349	shall be provided in accordance with the individual support plan
3350	and shall be reimbursed as part of the per diem rate as paid
3351	under the Medicaid program.
3352	Section 44.  Subsection (2) of section 400.967, Florida
3353	Statutes, is amended to read:
3354	400.967  Rules and classification of deficiencies.--
3355	(2)  Pursuant to the intention of the Legislature, the
3356	agency, in consultation with the Agency for Persons with
3357	Disabilities Department of Children and Family Services and the
3358	Department of Elderly Affairs, shall adopt and enforce rules to
3359	administer this part, which shall include reasonable and fair
3360	criteria governing:
3361	(a)  The location and construction of the facility;
3362	including fire and life safety, plumbing, heating, cooling,
3363	lighting, ventilation, and other housing conditions that will
3364	ensure the health, safety, and comfort of residents. The agency
3365	shall establish standards for facilities and equipment to
3366	increase the extent to which new facilities and a new wing or
3367	floor added to an existing facility after July 1, 2000, are
3368	structurally capable of serving as shelters only for residents,
3369	staff, and families of residents and staff, and equipped to be
3370	self-supporting during and immediately following disasters. The
3371	Agency for Health Care Administration shall work with facilities
3372	licensed under this part and report to the Governor and the
3373	Legislature by April 1, 2000, its recommendations for cost-
3374	effective renovation standards to be applied to existing
3375	facilities. In making such rules, the agency shall be guided by
3376	criteria recommended by nationally recognized, reputable
3377	professional groups and associations having knowledge concerning
3378	such subject matters. The agency shall update or revise such
3379	criteria as the need arises. All facilities must comply with
3380	those lifesafety code requirements and building code standards
3381	applicable at the time of approval of their construction plans.
3382	The agency may require alterations to a building if it
3383	determines that an existing condition constitutes a distinct
3384	hazard to life, health, or safety. The agency shall adopt fair
3385	and reasonable rules setting forth conditions under which
3386	existing facilities undergoing additions, alterations,
3387	conversions, renovations, or repairs are required to comply with
3388	the most recent updated or revised standards.
3389	(b)  The number and qualifications of all personnel,
3390	including management, medical nursing, and other personnel,
3391	having responsibility for any part of the care given to
3392	residents.
3393	(c)  All sanitary conditions within the facility and its
3394	surroundings, including water supply, sewage disposal, food
3395	handling, and general hygiene, which will ensure the health and
3396	comfort of residents.
3397	(d)  The equipment essential to the health and welfare of
3398	the residents.
3399	(e)  A uniform accounting system.
3400	(f)  The care, treatment, and maintenance of residents and
3401	measurement of the quality and adequacy thereof.
3402	(g)  The preparation and annual update of a comprehensive
3403	emergency management plan. The agency shall adopt rules
3404	establishing minimum criteria for the plan after consultation
3405	with the Department of Community Affairs. At a minimum, the
3406	rules must provide for plan components that address emergency
3407	evacuation transportation; adequate sheltering arrangements;
3408	postdisaster activities, including emergency power, food, and
3409	water; postdisaster transportation; supplies; staffing;
3410	emergency equipment; individual identification of residents and
3411	transfer of records; and responding to family inquiries. The
3412	comprehensive emergency management plan is subject to review and
3413	approval by the local emergency management agency. During its
3414	review, the local emergency management agency shall ensure that
3415	the following agencies, at a minimum, are given the opportunity
3416	to review the plan: the Department of Elderly Affairs, the
3417	Agency for Persons with Disabilities Department of Children and
3418	Family Services, the Agency for Health Care Administration, and
3419	the Department of Community Affairs. Also, appropriate volunteer
3420	organizations must be given the opportunity to review the plan.
3421	The local emergency management agency shall complete its review
3422	within 60 days and either approve the plan or advise the
3423	facility of necessary revisions.
3424	(h)  The posting of licenses. Each licensee shall post its
3425	license in a prominent place that is in clear and unobstructed
3426	public view at or near the place where residents are being
3427	admitted to the facility.
3428	(i)  The use of restraint and seclusion. Such rules must be
3429	consistent with recognized best practices; prohibit inherently
3430	dangerous restraint or seclusion procedures; establish
3431	limitations on the use and duration of restraint and seclusion;
3432	establish measures to ensure the safety of clients and staff
3433	during an incident of restraint or seclusion; establish
3434	procedures for staff to follow before, during, and after
3435	incidents of restraint or seclusion, including individualized
3436	plans for the use of restraints or seclusion in emergency
3437	situations; establish professional qualifications of and
3438	training for staff who may order or be engaged in the use of
3439	restraint or seclusion; establish requirements for facility data
3440	collection and reporting relating to the use of restraint and
3441	seclusion; and establish procedures relating to the
3442	documentation of the use of restraint or seclusion in the
3443	client's facility or program record.
3444	Section 45.  Section 402.115, Florida Statutes, is amended
3445	to read:
3446	402.115  Sharing confidential or exempt
3447	information.--Notwithstanding any other provision of law to the
3448	contrary, the Department of Health, and the Department of
3449	Children and Family Services, and the Agency for Persons with
3450	Disabilities may share confidential information or information
3451	exempt from disclosure under chapter 119 on any individual who
3452	is or has been the subject of a program within the jurisdiction
3453	of each agency. Information so exchanged remains confidential or
3454	exempt as provided by law.
3455	Section 46.  Section 402.17, Florida Statutes, is amended
3456	to read:
3457	402.17  Claims for care and maintenance; trust
3458	property.--The Department of Children and Family Services and
3459	the Agency for Persons with Disabilities shall protect the
3460	financial interest of the state with respect to claims that
3461	which the state may have for the care and maintenance of clients
3462	of the department or agency. The department or agency shall, as
3463	trustee, hold in trust and administer money of clients and
3464	property designated for the personal benefit of clients. The
3465	department or agency shall act as trustee of clients' money and
3466	property entrusted to it in accordance with the usual fiduciary
3467	standards applicable generally to trustees, and shall act to
3468	protect both the short-term and long-term interests of the
3469	clients for whose benefit it is holding such money and property.
3470	(1)  CLAIMS FOR CARE AND MAINTENANCE.--
3471	(a)  The department or agency shall perform the following
3472	acts:
3473	1.  Receive and supervise the collection of sums due the
3474	state.
3475	2.  Bring any court action necessary to collect any claim
3476	the state may have against any client, former client, guardian
3477	of any client or former client, executor or administrator of the
3478	client's estate, or any person against whom any client or former
3479	client may have a claim.
3480	3.  Obtain a copy of any inventory or appraisal of the
3481	client's property filed with any court.
3482	4.  Obtain from the department's Economic Self-Sufficiency
3483	Services Program Office a financial status report on any client
3484	or former client, including the ability of third parties
3485	responsible for such client to pay all or part of the cost of
3486	the client's care and maintenance.
3487	5.  Petition the court for appointment of a guardian or
3488	administrator for an otherwise unrepresented client or former
3489	client should the financial status report or other information
3490	indicate the need for such action. The cost of any such action
3491	shall be charged against the assets or estate of the client.
3492	6.  Represent the interest of the state in any litigation
3493	in which a client or former client is a party.
3494	7.  File claims with any person, firm, or corporation or
3495	with any federal, state, county, district, or municipal agency
3496	on behalf of an unrepresented client.
3497	8.  Represent the state in the settlement of the estates of
3498	deceased clients or in the settlement of estates in which a
3499	client or a former client against whom the state may have a
3500	claim has a financial interest.
3501	9.  Establish procedures by rule for the use of amounts
3502	held in trust for the client to pay for the cost of care and
3503	maintenance, if such amounts would otherwise cause the client to
3504	become ineligible for services which are in the client's best
3505	interests.
3506	(b)  The department or agency of Children and Family
3507	Services may charge off accounts if it certifies that the
3508	accounts are uncollectible after diligent efforts have been made
3509	to collect them. If the department certifies an account to the
3510	Department of Financial Services, setting forth the
3511	circumstances upon which it predicates the uncollectibility, and
3512	if, pursuant to s. 17.04, the Department of Financial Services
3513	concurs, the account shall be charged off.
3514	(2)  MONEY OR OTHER PROPERTY RECEIVED FOR PERSONAL USE OR
3515	BENEFIT OF ANY CLIENT.--The department or agency shall perform
3516	the following acts:
3517	(a)  Accept and administer in trust, as a trustee having a
3518	fiduciary responsibility to a client of the department, any
3519	money or other property received for personal use or benefit of
3520	that client. In the case of children in the legal custody of the
3521	department, following the termination of the parental rights as
3522	to that client, until the child such client leaves the legal
3523	custody of the department due to the client's adoption or
3524	attaining because the client attains the age of 18 or, in the
3525	case of children who are otherwise in the custody of the
3526	department, the court having jurisdiction over such child client
3527	shall have jurisdiction, upon application of the department or
3528	other interested party, to review or approve any extraordinary
3529	action of the department acting as trustee as to the child's
3530	client's money or other property. When directed by a court of
3531	competent jurisdiction, the department may further hold money or
3532	property of a child person under the age of 18 who has been in
3533	the care, custody, or control of the department and who is the
3534	subject of a court proceeding during the pendency of that
3535	proceeding.
3536	(b)  Deposit the money in banks qualified as state
3537	depositories, or in any bank, credit union, or savings and loan
3538	association authorized to do business in this state, provided
3539	moneys so deposited or held by such institutions are fully
3540	insured by a federal depository or share insurance program, or
3541	an approved state depository or share insurance program, and are
3542	available on demand.
3543	(c)  Withdraw the money and use it to meet current needs of
3544	clients. For purposes of this paragraph, "current needs"
3545	includes payment of fees assessed under s. 402.33. The amount of
3546	money withdrawn by the department to meet current needs of a
3547	client shall take into account the need of the department or
3548	agency, as the trustee of a client's money and property, to
3549	provide for the long-term needs of a client, including, but not
3550	limited to, ensuring that to provide for the need of a client
3551	under the age of 18 will to have sufficient financial resources
3552	available to be able to function as an adult upon reaching the
3553	age of 18, meeting or to meet the special needs of a client who
3554	has a disability and whose special needs cannot otherwise be met
3555	by any form of public assistance or family resources, or
3556	maintaining to maintain the client's eligibility for public
3557	assistance, including medical assistance, under state or federal
3558	law.
3559	(d)  As trustee, invest in the manner authorized by law for
3560	fiduciaries money not used for current needs of clients. Such
3561	investments may include, but shall not be limited to,
3562	investments in savings share accounts of any credit union
3563	chartered under the laws of the United States and doing business
3564	in this state, and savings share accounts of any credit union
3565	chartered under the laws of this state, provided the credit
3566	union is insured under the federal share insurance program or an
3567	approved state share insurance program.
3568	(3)  DEPOSIT OF FUNDS RECEIVED.--Funds received by the
3569	Department of Children and Family Services in accordance with s.
3570	402.33 shall be deposited into a trust fund for the operation of
3571	the department.
3572	(4)  DISPOSITION OF UNCLAIMED TRUST FUNDS.--Upon the death
3573	of any client affected by the provisions of this section, any
3574	unclaimed money held in trust by the department, the agency, or
3575	by the Chief Financial Officer for the child him or her shall be
3576	applied first to the payment of any unpaid claim of the state
3577	against the client, and any balance remaining unclaimed for a
3578	period of 1 year shall escheat to the state as unclaimed funds
3579	held by fiduciaries.
3580	(5)  LEGAL REPRESENTATION.--To the extent that the budget
3581	will permit, the Department of Legal Affairs shall furnish the
3582	legal services to carry out the provisions of this section. Upon
3583	the request of the department or agency of Children and Family
3584	Services, the various state and county attorneys shall assist in
3585	litigation within their jurisdiction. The Such department or
3586	agency may retain legal counsel for necessary legal services
3587	which cannot be furnished by the Department of Legal Affairs and
3588	the various state and county attorneys.
3589	(6)  DEPOSIT OR INVESTMENT OF FUNDS OF CLIENTS.--
3590	(a)  The department or agency of Children and Family
3591	Services may deposit any funds of clients in its possession in
3592	any bank in the state or may invest or reinvest such funds in
3593	bonds or obligations of the United States for the payment of
3594	which the full faith and credit of the United States is pledged.
3595	For purposes of deposit only, the funds of any client may be
3596	mingled with the funds of any other clients.
3597	(b)  The interest or increment accruing on such funds shall
3598	be the property of the clients and shall be used or conserved
3599	for the personal use or benefit of the individual client, in
3600	accordance with the department's or agency's fiduciary
3601	responsibility as a trustee for the money and property of the
3602	client held by the department. Such interest shall not accrue to
3603	the general welfare of all clients. Whenever any proposed action
3604	of the department or agency, acting in its own interest, may
3605	conflict with the department's or agency's obligation as a
3606	trustee with a fiduciary responsibility to the client, the
3607	department or agency shall promptly present the matter to a
3608	court of competent jurisdiction for the court's determination as
3609	to what action the department or agency may take. The department
3610	or agency shall establish rules governing reasonable fees by
3611	rule for the cost of administering such accounts and for
3612	establishing the minimum balance eligible to earn interest.
3613	(7)  DISPOSITION OF MONEY AND PROPERTY OF CLIENTS UPON
3614	ATTAINING AGE 18 OR DISCHARGE FROM CARE, CUSTODY, CONTROL, OR
3615	SERVICES OF THE DEPARTMENT.--
3616	(a)  Whenever a client of the department for whom the
3617	department is holding money or property as a trustee attains the
3618	age of 18, and thereby will no longer be in the legal custody of
3619	the department, the department shall promptly disburse such
3620	money and property of the client the department has held as a
3621	trustee to that client, or as that client directs, as soon as
3622	practicable once the client attains the age of 18.
3623	(b)  Whenever a client of the department over the age of 18
3624	for whom the department is holding money or property as a
3625	trustee no longer requires the care, custody, control, or
3626	services of the department, the department shall promptly
3627	disburse such money and property of the client the department
3628	has held as a trustee to that client, or as that client or a
3629	court directs, as soon as practicable.
3630	(c)  When a client under the age of 18 who has been in the
3631	legal custody, care, or control of the department and for whom
3632	the department is holding money or property as a trustee attains
3633	the age of 18 and has a physical or mental disability, or is
3634	otherwise incapacitated or incompetent to handle that client's
3635	own financial affairs, the department shall apply for a court
3636	order from a court of competent jurisdiction to establish a
3637	trust on behalf of that client. Where there is no willing
3638	relative of the client acceptable to the court available to
3639	serve as trustee of such proposed trust, the court may enter an
3640	order authorizing the department to serve as trustee of a
3641	separate trust under such terms and conditions as the court
3642	determines appropriate to the circumstances.
3643	(d)  When a client under the age of 18 who has been in the
3644	legal custody, care, or control of the department and for whom
3645	the department is holding money or property as a trustee leaves
3646	the care, custody, and control of the department due to adoption
3647	or placement of the client with a relative, or as otherwise
3648	directed by a court of competent jurisdiction, the department
3649	shall notify that court of the existence of the money and
3650	property in the possession of the department either prior to, or
3651	promptly after, receiving knowledge of the change of custody,
3652	care, or control. The department shall apply for an order from
3653	the court exercising jurisdiction over the client to direct the
3654	disposition of the money and property belonging to that client.
3655	The court order may establish a trust in which the money and
3656	property of the client will be deposited, appoint a guardian of
3657	a property as to the money or property of the client, or direct
3658	the creation of a Uniform Transfers Gifts to Minors Act account
3659	on behalf of that client, as the court finds appropriate and
3660	under the terms and conditions the court determines appropriate
3661	to the circumstances.
3662	Section 47.  Section 402.181, Florida Statutes, is amended
3663	to read:
3664	402.181  State Institutions Claims Program.--
3665	(1)  There is created a State Institutions Claims Program,
3666	for the purpose of making restitution for property damages and
3667	direct medical expenses for injuries caused by shelter children
3668	or foster children, or escapees, inmates, or patients of state
3669	institutions under the Department of Children and Family
3670	Services, the Department of Health, the Department of Juvenile
3671	Justice, or the Department of Corrections, or the Agency for
3672	Persons with Disabilities.
3673	(2)  Claims for restitution may be filed with the
3674	Department of Legal Affairs at its office in accordance with
3675	regulations prescribed by the Department of Legal Affairs. The
3676	Department of Legal Affairs shall have full power and authority
3677	to hear, investigate, and determine all questions in respect to
3678	such claims and is authorized, within the limits of current
3679	appropriations, to pay individual claims up to $1,000 or, with
3680	respect to children in foster care and their families,
3681	individual claims up to $1,500. Claims in excess of these
3682	amounts shall continue to require legislative approval.
3683	(3)(a)  The Department of Legal Affairs shall make or cause
3684	to be made such investigations as it considers necessary in
3685	respect to such claims. Hearings shall be held in accordance
3686	with chapter 120.
3687	(b)  The Department of Legal Affairs shall work with the
3688	Department of Children and Family Services, the Department of
3689	Health, the Department of Juvenile Justice, and the Department
3690	of Corrections, and the Agency for Persons with Disabilities to
3691	streamline the process of investigations, hearings, and
3692	determinations with respect to claims under this section, to
3693	ensure that eligible claimants receive restitution within a
3694	reasonable time.
3695	Section 48.  Section 402.20, Florida Statutes, is amended
3696	to read:
3697	402.20  County contracts authorized for services and
3698	facilities for in mental health and developmental disabilities
3699	retardation areas.--The boards of county commissioners are
3700	authorized to provide monetary grants and facilities, and to
3701	enter into renewable contracts, for services and facilities, for
3702	a period not to exceed 2 years, with public and private
3703	hospitals, clinics, and laboratories; other state agencies,
3704	departments, or divisions; the state colleges and universities;
3705	the community colleges; private colleges and universities;
3706	counties; municipalities; towns; townships; and any other
3707	governmental unit or nonprofit organization which provides
3708	needed facilities for persons with mental illness or
3709	developmental disabilities the mentally ill or retarded. These
3710	services are hereby declared to be for a public and county
3711	purpose. The county commissioners may make periodic inspections
3712	to assure that the services or facilities provided under this
3713	chapter meet the standards of the Department of Children and
3714	Family Services and the Agency for Persons with Disabilities.
3715	Section 49.  Section 402.22, Florida Statutes, is amended
3716	to read:
3717	402.22  Education program for students who reside in
3718	residential care facilities operated by the Department of
3719	Children and Family Services or the Agency for Persons with
3720	Disabilities.--
3721	(1)(a)  The Legislature recognizes that the Department of
3722	Children and Family Services and the Agency for Persons with
3723	Disabilities have under their has under its residential care
3724	students with critical problems of physical impairment,
3725	emotional disturbance, mental impairment, and learning
3726	impairment.
3727	(b)  The Legislature recognizes the vital role of education
3728	in the rehabilitation of such students. It is the intent of the
3729	Legislature that all such students benefit from educational
3730	services and receive such services.
3731	(c)  It is the intent of the Legislature that educational
3732	services be coordinated with appropriate and existing diagnostic
3733	and evaluative, social, followup, and other therapeutic services
3734	of the department and agency of Children and Family Services so
3735	that the effect of the total rehabilitation process is
3736	maximized.
3737	(d)  It is the intent of the Legislature that, as
3738	educational programs for students in residential care facilities
3739	are implemented by the district school board, educational
3740	personnel in the Department of Children and Family Services
3741	residential care facilities who meet the qualifications for
3742	employees of the district school board be employed by the
3743	district school board.
3744	(2)  District school boards shall establish educational
3745	programs for all students ages 5 through 18 under the
3746	residential care of the Department of Children and Family
3747	Services and the Agency for Persons with Disabilities, and may
3748	provide for students below age 3 as provided for in s.
3749	1003.21(1)(e). Funding of such programs shall be pursuant to s.
3750	1011.62.
3751	(3)  Notwithstanding any provisions of chapters 39, 393,
3752	394, and 397 to the contrary, the services of the Department of
3753	Children and Family Services and the Agency for Persons with
3754	Disabilities and those of the Department of Education and
3755	district school boards shall be mutually supportive and
3756	complementary of each other. The education programs provided by
3757	the district school board shall meet the standards prescribed by
3758	the State Board of Education and the district school board.
3759	Decisions regarding the design and delivery of department or
3760	agency of Children and Family Services treatment or habilitative
3761	services shall be made by interdisciplinary teams of
3762	professional and paraprofessional staff of which appropriate
3763	district school system administrative and instructional
3764	personnel shall be invited to be participating members. The
3765	requirements for maintenance of confidentiality as prescribed in
3766	chapters 39, 393, 394, and 397 shall be applied to information
3767	used by such interdisciplinary teams, and such information shall
3768	be exempt from the provisions of ss. 119.07(1) and 286.011.
3769	(4)  Students age 18 and under who are under the
3770	residential care of the Department of Children and Family
3771	Services or the Agency for Persons with Disabilities and who
3772	receive an education program shall be calculated as full-time
3773	equivalent student membership in the appropriate cost factor as
3774	provided for in s. 1011.62(1)(c). Residential care facilities of
3775	the Department of Children and Family Services shall include,
3776	but not be limited to, developmental disabilities services
3777	institutions and state mental health facilities. All students
3778	shall receive their education program from the district school
3779	system, and funding shall be allocated through the Florida
3780	Education Finance Program for the district school system.
3781	(5)  Instructional and special educational services that
3782	which are provided to mental health and retardation clients with
3783	mental illness or developmental disabilities of the department's
3784	or agency's in the Department of Children and Family Services
3785	residential care facilities by local school districts shall not
3786	be less than 180 days or 900 hours; however, the 900 hours may
3787	be distributed over a 12-month period, unless otherwise stated
3788	in rules developed by the State Board of Education, with the
3789	concurrence of the department or agency and adopted of Children
3790	and Family Services promulgated pursuant to subsection (6).
3791	(6)  The State Board of Education, and the Department of
3792	Children and Family Services, and the Agency for Persons with
3793	Disabilities may adopt shall have the authority to promulgate
3794	rules to which shall assist in the orderly transfer of the
3795	instruction of students from department or agency Department of
3796	Children and Family Services residential care facilities to the
3797	district school system or to the public education agency and
3798	which shall assist in implementing the specific intent as stated
3799	in this act.
3800	(7)  Notwithstanding the provisions of s. 1001.42(4)(n),
3801	the educational program at the Marianna Sunland Center in
3802	Jackson County shall be operated by the Department of Education,
3803	either directly or through grants or contractual agreements with
3804	other public educational agencies. The annual state allocation
3805	to any such agency shall be computed pursuant to s. 1011.62(1),
3806	(2), and (5) and allocated in the amount that would have been
3807	provided the local school district in which the residential
3808	facility is located.
3809	Section 50.  Paragraph (c) of subsection (1) and subsection
3810	(2) of section 402.33, Florida Statutes, are amended to read:
3811	402.33  Department authority to charge fees for services
3812	provided.--
3813	(1)  As used in this section, the term:
3814	(c)  "Department" means the Department of Children and
3815	Family Services, and the Department of Health, and the Agency
3816	for Persons with Disabilities.
3817	(2)  The department, in accordance with rules established
3818	by it, shall either charge, assess, or collect, or cause to be
3819	charged, assessed, or collected, fees for any service it
3820	provides to its clients either directly or through its agencies
3821	or contractors, except for:
3822	(a)  Diagnosis and evaluation procedures necessary to
3823	determine the client's eligibility and need for services
3824	provided by the department;
3825	(b)  Customary and routine information and referral
3826	services;
3827	(c)  Educational services provided in lieu of public
3828	education;
3829	(d)  Specific services exempted by law from fee assessment;
3830	(e)  Emergency shelter or emergency detention care and
3831	custody prior to a detention hearing under chapter 39;
3832	(f)  Specific classes or types of services provided in
3833	programs funded by grants, donations, or contracts that prohibit
3834	charging fees;
3835	(g)  Developmental disability services provided under
3836	chapter 393 to any person who is determined to be eligible for
3837	such services by the department and whose earned income falls
3838	below the federal Health and Human Services Poverty Guidelines,
3839	unless such fees are collected from third-party benefits and
3840	benefit payments; or
3841	(h)  Any type of service for which the department
3842	determines that the net estimated revenue from such fees after
3843	deducting any loss of funds from federal grants occasioned by
3844	such fees will be less than the estimated cost to charge and
3845	collect such fees.
3846
3847	Fees, other than third-party benefits and benefit payments, may
3848	not be charged for services provided to indigents whose only
3849	sources of income are from state and federal aid. In addition,
3850	fees may not be charged parents of a minor client for services
3851	requested by the minor without parental consent or for services
3852	provided a minor client who has been permanently committed to
3853	the care and custody of the department with parental rights
3854	permanently severed. However, lack of parental consent does not
3855	preclude the charging of fees established under chapter 39. The
3856	department may not require A client who is receiving wages that
3857	which are below the minimum wage under the federal Fair Labor
3858	Standards Act may not be required to pay fees from such wages.
3859	Voluntary payments for services must be encouraged.
3860	Section 51.  Paragraphs (r) and (s) of subsection (3) of
3861	section 408.036, Florida Statutes, are amended to read:
3862	408.036  Projects subject to review; exemptions.--
3863	(3)  EXEMPTIONS.--Upon request, the following projects are
3864	subject to exemption from the provisions of subsection (1):
3865	(r)  For beds in state mental health treatment facilities
3866	operated under s. 394.455(32)(30) and state mental health
3867	forensic facilities operated under s. 916.106(8).
3868	(s)  For beds in state developmental disabilities services
3869	institutions as defined in s. 393.063.
3870	Section 52.  Paragraphs (a), (j), and (k) of subsection (4)
3871	of section 409.221, Florida Statutes, are amended to read:
3872	409.221  Consumer-directed care program.--
3873	(4)  CONSUMER-DIRECTED CARE.--
3874	(a)  Program established.--The Agency for Health Care
3875	Administration shall establish the consumer-directed care
3876	program which shall be based on the principles of consumer
3877	choice and control. The agency shall implement the program upon
3878	federal approval. The agency shall establish interagency
3879	cooperative agreements with and shall work with the Departments
3880	of Elderly Affairs, Health, and Children and Family Services and
3881	the Agency for Persons with Disabilities to implement and
3882	administer the program. The program shall allow enrolled persons
3883	to choose the providers of services and to direct the delivery
3884	of services, to best meet their long-term care needs. The
3885	program must operate within the funds appropriated by the
3886	Legislature.
3887	(j)  Rules; federal waivers.--In order to implement this
3888	section:
3889	1.  The agency and the Departments of Elderly Affairs,
3890	Health, and Children and Family Services and the Agency for
3891	Persons with Disabilities are authorized to adopt and enforce
3892	rules.
3893	2.  The agency shall take all necessary action to ensure
3894	state compliance with federal regulations. The agency shall
3895	apply for any necessary federal waivers or waiver amendments
3896	needed to implement the program.
3897	(k)  Reviews and reports.--The agency and the Departments
3898	of Elderly Affairs, Health, and Children and Family Services and
3899	the Agency for Persons with Disabilities shall each, on an
3900	ongoing basis, review and assess the implementation of the
3901	consumer-directed care program. By January 15 of each year, the
3902	agency shall submit a written report to the Legislature that
3903	includes each department's review of the program and contains
3904	recommendations for improvements to the program.
3905	Section 53.  Paragraph (a) of subsection (2) and subsection
3906	(8) of section 409.908, Florida Statutes, are amended to read:
3907	409.908  Reimbursement of Medicaid providers.--Subject to
3908	specific appropriations, the agency shall reimburse Medicaid
3909	providers, in accordance with state and federal law, according
3910	to methodologies set forth in the rules of the agency and in
3911	policy manuals and handbooks incorporated by reference therein.
3912	These methodologies may include fee schedules, reimbursement
3913	methods based on cost reporting, negotiated fees, competitive
3914	bidding pursuant to s. 287.057, and other mechanisms the agency
3915	considers efficient and effective for purchasing services or
3916	goods on behalf of recipients. If a provider is reimbursed based
3917	on cost reporting and submits a cost report late and that cost
3918	report would have been used to set a lower reimbursement rate
3919	for a rate semester, then the provider's rate for that semester
3920	shall be retroactively calculated using the new cost report, and
3921	full payment at the recalculated rate shall be effected
3922	retroactively. Medicare-granted extensions for filing cost
3923	reports, if applicable, shall also apply to Medicaid cost
3924	reports. Payment for Medicaid compensable services made on
3925	behalf of Medicaid eligible persons is subject to the
3926	availability of moneys and any limitations or directions
3927	provided for in the General Appropriations Act or chapter 216.
3928	Further, nothing in this section shall be construed to prevent
3929	or limit the agency from adjusting fees, reimbursement rates,
3930	lengths of stay, number of visits, or number of services, or
3931	making any other adjustments necessary to comply with the
3932	availability of moneys and any limitations or directions
3933	provided for in the General Appropriations Act, provided the
3934	adjustment is consistent with legislative intent.
3935	(2)(a)1.  Reimbursement to nursing homes licensed under
3936	part II of chapter 400 and state-owned-and-operated intermediate
3937	care facilities for the developmentally disabled licensed under
3938	part XI of chapter 400 chapter 393 must be made prospectively.
3939	2.  Unless otherwise limited or directed in the General
3940	Appropriations Act, reimbursement to hospitals licensed under
3941	part I of chapter 395 for the provision of swing-bed nursing
3942	home services must be made on the basis of the average statewide
3943	nursing home payment, and reimbursement to a hospital licensed
3944	under part I of chapter 395 for the provision of skilled nursing
3945	services must be made on the basis of the average nursing home
3946	payment for those services in the county in which the hospital
3947	is located. When a hospital is located in a county that does not
3948	have any community nursing homes, reimbursement shall must be
3949	determined by averaging the nursing home payments, in counties
3950	that surround the county in which the hospital is located.
3951	Reimbursement to hospitals, including Medicaid payment of
3952	Medicare copayments, for skilled nursing services shall be
3953	limited to 30 days, unless a prior authorization has been
3954	obtained from the agency. Medicaid reimbursement may be extended
3955	by the agency beyond 30 days, and approval must be based upon
3956	verification by the patient's physician that the patient
3957	requires short-term rehabilitative and recuperative services
3958	only, in which case an extension of no more than 15 days may be
3959	approved. Reimbursement to a hospital licensed under part I of
3960	chapter 395 for the temporary provision of skilled nursing
3961	services to nursing home residents who have been displaced as
3962	the result of a natural disaster or other emergency may not
3963	exceed the average county nursing home payment for those
3964	services in the county in which the hospital is located and is
3965	limited to the period of time which the agency considers
3966	necessary for continued placement of the nursing home residents
3967	in the hospital.
3968	(8)  A provider of home-based or community-based services
3969	rendered pursuant to a federally approved waiver shall be
3970	reimbursed based on an established or negotiated rate for each
3971	service. These rates shall be established according to an
3972	analysis of the expenditure history and prospective budget
3973	developed by each contract provider participating in the waiver
3974	program, or under any other methodology adopted by the agency
3975	and approved by the Federal Government in accordance with the
3976	waiver. Effective July 1, 1996, Privately owned and operated
3977	community-based residential facilities which meet agency
3978	requirements and which formerly received Medicaid reimbursement
3979	for the optional intermediate care facility for the mentally
3980	retarded service may participate in the developmental services
3981	waiver as part of a home-and-community-based continuum of care
3982	for Medicaid recipients who receive waiver services.
3983	Section 54.  Subsection (3) of section 409.9127, Florida
3984	Statutes, is amended to read:
3985	409.9127  Preauthorization and concurrent utilization
3986	review; conflict-of-interest standards.--
3987	(3)  The agency shall help the Agency for Persons with
3988	Disabilities Department of Children and Family Services meet the
3989	requirements of s. 393.065(4). Only admissions approved pursuant
3990	to such assessments are eligible for reimbursement under this
3991	chapter.
3992	Section 55.  Paragraph (c) of subsection (2) and subsection
3993	(5) of section 411.224, Florida Statutes, are amended to read:
3994	411.224  Family support planning process.--The Legislature
3995	establishes a family support planning process to be used by the
3996	Department of Children and Family Services as the service
3997	planning process for targeted individuals, children, and
3998	families under its purview.
3999	(2)  To the extent possible within existing resources, the
4000	following populations must be included in the family support
4001	planning process:
4002	(c)  Children from age 3 birth through age 5 who are served
4003	by the Agency for Persons with Disabilities Developmental
4004	Disabilities Program Office of the Department of Children and
4005	Family Services.
4006	(5)  There must be only a single-family support plan to
4007	address the problems of the various family members unless the
4008	family requests that an individual family support plan be
4009	developed for different members of that family. The family
4010	support plan must replace individual habilitation plans for
4011	children from 3 birth through 5 years old who are served by the
4012	Agency for Persons with Disabilities Developmental Disabilities
4013	Program Office of the Department of Children and Family
4014	Services. To the extent possible, the family support plan must
4015	replace other case-planning forms used by the Department of
4016	Children and Family Services.
4017	Section 56.  Subsection (4) of section 411.232, Florida
4018	Statutes, is amended to read:
4019	411.232  Children's Early Investment Program.--
4020	(4)  RULES FOR IMPLEMENTATION.--The Department of Health
4021	and Rehabilitative Services shall adopt rules necessary to
4022	implement this section.
4023	Section 57.  Subsection (8) of section 415.102, Florida
4024	Statutes, is amended to read:
4025	415.102  Definitions of terms used in ss. 415.101-
4026	415.113.--As used in ss. 415.101-415.113, the term:
4027	(8)  "Facility" means any location providing day or
4028	residential care or treatment for vulnerable adults. The term
4029	"facility" may include, but is not limited to, any hospital,
4030	state institution, nursing home, assisted living facility, adult
4031	family-care home, adult day care center, residential facility
4032	licensed under chapter 393, adult day training center, group
4033	home, or mental health treatment center.
4034	Section 58.  Section 415.1035, Florida Statutes, is amended
4035	to read:
4036	415.1035  Facility's duty to inform residents of their
4037	right to report abusive, neglectful, or exploitive
4038	practices.--The department shall work cooperatively with the
4039	Agency for Health Care Administration, the Agency for Persons
4040	with Disabilities, and the Department of Elderly Affairs to
4041	ensure that every facility that serves vulnerable adults informs
4042	residents of their right to report abusive, neglectful, or
4043	exploitive practices. Each facility must establish appropriate
4044	policies and procedures to facilitate such reporting.
4045	Section 59.  Subsections (1) and (10) of section 415.1055,
4046	Florida Statutes, are amended to read:
4047	415.1055  Notification to administrative entities.--
4048	(1)  Upon receipt of a report that alleges that an employee
4049	or agent of the department, the Agency for Persons with
4050	Disabilities, or the Department of Elderly Affairs, acting in an
4051	official capacity, has committed an act of abuse, neglect, or
4052	exploitation, the department shall notify the state attorney in
4053	whose circuit the abuse, neglect, or exploitation occurred. This
4054	notification may be oral or written.
4055	(10)  When a report has been received and the department
4056	has reason to believe that a vulnerable adult resident of a
4057	facility licensed by the Agency for Health Care Administration
4058	or the Agency for Persons with Disabilities has been the victim
4059	of abuse, neglect, or exploitation, the department shall provide
4060	a copy of its investigation to the appropriate agency. If the
4061	investigation determines that a health professional licensed or
4062	certified under the Department of Health may have abused,
4063	neglected, or exploited a vulnerable adult, the department shall
4064	also provide a copy to the Department of Health.
4065	Section 60.  Paragraphs (a) and (h) of subsection (3) of
4066	section 415.107, Florida Statutes, are amended to read:
4067	415.107  Confidentiality of reports and records.--
4068	(3)  Access to all records, excluding the name of the
4069	reporter which shall be released only as provided in subsection
4070	(6), shall be granted only to the following persons, officials,
4071	and agencies:
4072	(a)  Employees or agents of the department, the Agency for
4073	Persons with Disabilities, of the Agency for Health Care
4074	Administration, or of the Department of Elderly Affairs who are
4075	responsible for carrying out protective investigations, ongoing
4076	protective services, or licensure or approval of nursing homes,
4077	assisted living facilities, adult day care centers, adult
4078	family-care homes, home care for the elderly, hospices,
4079	residential facilities licensed under chapter 393, or other
4080	facilities used for the placement of vulnerable adults.
4081	(h)  Any appropriate official of the department, the Agency
4082	for Persons with Disabilities, of the Agency for Health Care
4083	Administration, or of the Department of Elderly Affairs who is
4084	responsible for:
4085	1.  Administration or supervision of the programs for the
4086	prevention, investigation, or treatment of abuse, neglect, or
4087	exploitation of vulnerable adults when carrying out an official
4088	function; or
4089	2.  Taking appropriate administrative action concerning an
4090	employee alleged to have perpetrated abuse, neglect, or
4091	exploitation of a vulnerable adult in an institution.
4092	Section 61.  Paragraph (a) of subsection (3) of section
4093	435.03, Florida Statutes, is amended to read:
4094	435.03  Level 1 screening standards.--
4095	(3)  Standards must also ensure that the person:
4096	(a)  For employees and employers licensed or registered
4097	pursuant to chapter 400, and for employees and employers of
4098	developmental disabilities services institutions as defined in
4099	s. 393.063, intermediate care facilities for the developmentally
4100	disabled as defined in s. 400.960 s. 393.063, and mental health
4101	treatment facilities as defined in s. 394.455, meets the
4102	requirements of this chapter.
4103	Section 62.  Paragraph (a) of subsection (2) of section
4104	490.014, Florida Statutes, is amended to read:
4105	490.014  Exemptions.--
4106	(2)  No person shall be required to be licensed or
4107	provisionally licensed under this chapter who:
4108	(a)  Is a salaried employee of a government agency;
4109	developmental disability facility or services program, mental
4110	health, alcohol, or drug abuse facility operating under pursuant
4111	to chapter 393, chapter 394, or chapter 397; subsidized child
4112	care program, subsidized child care case management program, or
4113	child care resource and referral program operating pursuant to
4114	chapter 402; child-placing or child-caring agency licensed
4115	pursuant to chapter 409; domestic violence center certified
4116	pursuant to chapter 39; accredited academic institution; or
4117	research institution, if such employee is performing duties for
4118	which he or she was trained and hired solely within the confines
4119	of such agency, facility, or institution, so long as the
4120	employee is not held out to the public as a psychologist
4121	pursuant to s. 490.012(1)(a).
4122	Section 63.  Paragraph (a) of subsection (4) of section
4123	491.014, Florida Statutes, is amended to read:
4124	491.014  Exemptions.--
4125	(4)  No person shall be required to be licensed,
4126	provisionally licensed, registered, or certified under this
4127	chapter who:
4128	(a)  Is a salaried employee of a government agency;
4129	developmental disability facility or services program, mental
4130	health, alcohol, or drug abuse facility operating under pursuant
4131	to chapter 393, chapter 394, or chapter 397; subsidized child
4132	care program, subsidized child care case management program, or
4133	child care resource and referral program operating pursuant to
4134	chapter 402; child-placing or child-caring agency licensed
4135	pursuant to chapter 409; domestic violence center certified
4136	pursuant to chapter 39; accredited academic institution; or
4137	research institution, if such employee is performing duties for
4138	which he or she was trained and hired solely within the confines
4139	of such agency, facility, or institution, so long as the
4140	employee is not held out to the public as a clinical social
4141	worker, mental health counselor, or marriage and family
4142	therapist.
4143	Section 64.  Section 944.602, Florida Statutes, is amended
4144	to read:
4145	944.602  Agency notification of Department of Children and
4146	Family Services before release of mentally retarded
4147	inmates.--Before the release by parole, release by reason of
4148	gain-time allowances provided for in s. 944.291, or expiration
4149	of sentence of any inmate who has been diagnosed as mentally
4150	retarded as defined in s. 393.063, the Department of Corrections
4151	shall notify the Agency for Persons with Disabilities Department
4152	of Children and Family Services in order that sufficient time be
4153	allowed to notify the inmate or the inmate's representative, in
4154	writing, at least 7 days prior to the inmate's release, of
4155	available community services.
4156	Section 65.  Subsections (2) and (3) of section 945.025,
4157	Florida Statutes, are amended to read:
4158	945.025  Jurisdiction of department.--
4159	(2)  In establishing, operating, and utilizing these
4160	facilities, the department shall attempt, whenever possible, to
4161	avoid the placement of nondangerous offenders who have potential
4162	for rehabilitation with repeat offenders or dangerous offenders.
4163	Medical, mental, and psychological problems shall be diagnosed
4164	and treated whenever possible. The Department of Children and
4165	Family Services and the Agency for Persons with Disabilities
4166	shall cooperate to ensure the delivery of services to persons
4167	under the custody or supervision of the department. When it is
4168	the intent of the department to transfer a mentally ill or
4169	retarded prisoner to the Department of Children and Family
4170	Services or the Agency for Persons with Disabilities, an
4171	involuntary commitment hearing shall be held according to the
4172	provisions of chapter 393 or chapter 394.
4173	(3)  There shall be other correctional facilities,
4174	including detention facilities of varying levels of security,
4175	work-release facilities, and community correctional facilities,
4176	halfway houses, and other approved community residential and
4177	nonresidential facilities and programs; however, no adult
4178	correctional facility may be established by changing the use and
4179	purpose of any mental health facility or mental health
4180	institution under the jurisdiction of any state agency or
4181	department without authorization in the General Appropriation
4182	Act or other approval by the Legislature. Any facility the
4183	purpose and use of which was changed subsequent to January 1,
4184	1975, shall be returned to its original use and purpose by July
4185	1, 1977. However, the G. Pierce Wood Memorial Hospital located
4186	at Arcadia, DeSoto County, may not be converted into a
4187	correctional facility as long as such hospital is in use as a
4188	state mental health hospital. Any community residential facility
4189	may be deemed a part of the state correctional system for
4190	purposes of maintaining custody of offenders, and for this
4191	purpose the department may contract for and purchase the
4192	services of such facilities.
4193	Section 66.  Section 947.185, Florida Statutes, is amended
4194	to read:
4195	947.185  Application for mental retardation services as
4196	condition of parole.--The Parole Commission may require as a
4197	condition of parole that any inmate who has been diagnosed as
4198	mentally retarded as defined in s. 393.063 shall, upon release,
4199	apply for retardation services from the Agency for Persons with
4200	Disabilities Department of Children and Family Services.
4201	Section 67.  Subsection (1) of section 985.224, Florida
4202	Statutes, is amended to read:
4203	985.224  Medical, psychiatric, psychological, substance
4204	abuse, and educational examination and treatment.--
4205	(1)  After a detention petition or a petition for
4206	delinquency has been filed, the court may order the child named
4207	in the petition to be examined by a physician. The court may
4208	also order the child to be evaluated by a psychiatrist or a
4209	psychologist, by a district school board educational needs
4210	assessment team, or, if a developmental disability is suspected
4211	or alleged, by a the developmental disabilities diagnostic and
4212	evaluation team with of the Agency for Persons with Disabilities
4213	Department of Children and Family Services. If it is necessary
4214	to place a child in a residential facility for such evaluation,
4215	the criteria and procedures established in chapter 393, chapter
4216	394, or chapter 397, whichever is applicable, shall be used.
4217	Section 68.  Section 1003.58, Florida Statutes, is amended
4218	to read:
4219	1003.58  Students in residential care facilities.--Each
4220	district school board shall provide educational programs
4221	according to rules of the State Board of Education to students
4222	who reside in residential care facilities operated by the
4223	Department of Children and Family Services or the Agency for
4224	Persons with Disabilities.
4225	(1)  The district school board shall not be charged any
4226	rent, maintenance, utilities, or overhead on such facilities.
4227	Maintenance, repairs, and remodeling of existing facilities
4228	shall be provided by the Department of Children and Family
4229	Services or the Agency for Persons with Disabilities, as
4230	appropriate.
4231	(2)  If additional facilities are required, the district
4232	school board and the Department of Children and Family Services
4233	or the Agency for Persons with Disabilities, as appropriate,
4234	shall agree on the appropriate site based on the instructional
4235	needs of the students. When the most appropriate site for
4236	instruction is on district school board property, a special
4237	capital outlay request shall be made by the commissioner in
4238	accordance with s. 1013.60. When the most appropriate site is on
4239	state property, state capital outlay funds shall be requested by
4240	the department or agency in accordance with chapter 216 of
4241	Children and Family Services as provided by s. 216.043 and shall
4242	be submitted as specified by s. 216.023. Any instructional
4243	facility to be built on state property shall have educational
4244	specifications jointly developed by the school district and the
4245	department or agency of Children and Family Services and
4246	approved by the Department of Education. The size of space and
4247	occupant design capacity criteria as provided by state board
4248	rules shall be used for remodeling or new construction whether
4249	facilities are provided on state property or district school
4250	board property. The planning of such additional facilities shall
4251	incorporate current state Department of Children and Family
4252	Services deinstitutionalization goals and plans.
4253	(3)  The district school board shall have full and complete
4254	authority in the matter of the assignment and placement of such
4255	students in educational programs. The parent of an exceptional
4256	student shall have the same due process rights as are provided
4257	under s. 1003.57(5).
4258	(4)  The district school board shall have a written
4259	agreement with the Department of Children and Family Services
4260	and the Agency for Persons with Disabilities outlining the
4261	respective duties and responsibilities of each party.
4262
4263	Notwithstanding the provisions herein, the educational program
4264	at the Marianna Sunland Center in Jackson County shall be
4265	operated by the Department of Education, either directly or
4266	through grants or contractual agreements with other public or
4267	duly accredited educational agencies approved by the Department
4268	of Education.
4269	Section 69.  Paragraph (c) of subsection (3) of section
4270	17.61, Florida Statutes, is amended to read:
4271	17.61  Chief Financial Officer; powers and duties in the
4272	investment of certain funds.--
4273	(3)
4274	(c)  Except as provided in this paragraph and except for
4275	moneys described in paragraph (d), the following agencies shall
4276	not invest trust fund moneys as provided in this section, but
4277	shall retain such moneys in their respective trust funds for
4278	investment, with interest appropriated to the General Revenue
4279	Fund, pursuant to s. 17.57:
4280	1.  The Agency for Health Care Administration, except for
4281	the Tobacco Settlement Trust Fund.
4282	2.  The Agency for Persons with Disabilities, except for:
4283	a.  The Federal Grants Trust Fund.
4284	b.  The Tobacco Settlement Trust Fund.
4285	3.2.  The Department of Children and Family Services,
4286	except for:
4287	a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.
4288	b.  The Community Resources Development Trust Fund.
4289	c.  The Refugee Assistance Trust Fund.
4290	d.  The Social Services Block Grant Trust Fund.
4291	e.  The Tobacco Settlement Trust Fund.
4292	f.  The Working Capital Trust Fund.
4293	4.3.  The Department of Community Affairs, only for the
4294	Operating Trust Fund.
4295	5.4.  The Department of Corrections.
4296	6.5.  The Department of Elderly Affairs, except for:
4297	a.  The Federal Grants Trust Fund.
4298	b.  The Tobacco Settlement Trust Fund.
4299	7.6.  The Department of Health, except for:
4300	a.  The Federal Grants Trust Fund.
4301	b.  The Grants and Donations Trust Fund.
4302	c.  The Maternal and Child Health Block Grant Trust Fund.
4303	d.  The Tobacco Settlement Trust Fund.
4304	8.7.  The Department of Highway Safety and Motor Vehicles,
4305	only for:
4306	a.  The DUI Programs Coordination Trust Fund.
4307	b.  The Security Deposits Trust Fund.
4308	9.8.  The Department of Juvenile Justice.
4309	10.9.  The Department of Law Enforcement.
4310	11.10.  The Department of Legal Affairs.
4311	12.11.  The Department of State, only for:
4312	a.  The Grants and Donations Trust Fund.
4313	b.  The Records Management Trust Fund.
4314	13.12.  The Executive Office of the Governor, only for:
4315	a.  The Economic Development Transportation Trust Fund.
4316	b.  The Economic Development Trust Fund.
4317	14.13.  The Florida Public Service Commission, only for the
4318	Florida Public Service Regulatory Trust Fund.
4319	15.14.  The Justice Administrative Commission.
4320	16.15.  The state courts system.
4321	Section 70.  Paragraph (b) of subsection (5) of section
4322	400.464, Florida Statutes, is amended to read:
4323	400.464  Home health agencies to be licensed; expiration of
4324	license; exemptions; unlawful acts; penalties.--
4325	(5)  The following are exempt from the licensure
4326	requirements of this part:
4327	(b)  Home health services provided by a state agency,
4328	either directly or through a contractor with:
4329	1.  The Department of Elderly Affairs.
4330	2.  The Department of Health, a community health center, or
4331	a rural health network that furnishes home visits for the
4332	purpose of providing environmental assessments, case management,
4333	health education, personal care services, family planning, or
4334	followup treatment, or for the purpose of monitoring and
4335	tracking disease.
4336	3.  Services provided to persons with who have
4337	developmental disabilities, as defined in s. 393.063.
4338	4.  Companion and sitter organizations that were registered
4339	under s. 400.509(1) on January 1, 1999, and were authorized to
4340	provide personal services under s. 393.063(33) under a
4341	developmental services provider certificate on January 1, 1999,
4342	may continue to provide such services to past, present, and
4343	future clients of the organization who need such services,
4344	notwithstanding the provisions of this act.
4345	5.  The Department of Children and Family Services.
4346	Section 71.  Subsection (7) of section 744.704, Florida
4347	Statutes, is amended to read:
4348	744.704  Powers and duties.--
4349	(7)  A public guardian shall not commit a ward to a mental
4350	health treatment facility, as defined in s. 394.455(32)(30),
4351	without an involuntary placement proceeding as provided by law.
4352	Section 72.  Subsection (4) of section 984.22, Florida
4353	Statutes, is amended to read:
4354	984.22  Powers of disposition.--
4355	(4)  All payments of fees made to the department under
4356	pursuant to this chapter, or child support payments made to the
4357	department pursuant to subsection (3), shall be deposited in the
4358	General Revenue Fund. In cases in which the child is placed in
4359	foster care with the Department of Children and Family Services,
4360	such child support payments shall be deposited in the Community
4361	Resources Development Trust Fund.
4362	Section 73.  Part III of chapter 282, Florida Statutes,
4363	consisting of sections 282.601, 282.602, 282.603, 282.604,
4364	282.605, and 282.606, is created to read:
4365	PART III
4366	ACCESSIBILITY OF INFORMATION AND TECHNOLOGY
4367
4368	282.601  Accessibility of electronic information and
4369	information technology.--
4370	(1)  In order to improve the accessibility of electronic
4371	information and information technology and increase the
4372	successful education, employment, access to governmental
4373	information and services, and involvement in community life, the
4374	executive, legislative, and judicial branches of state
4375	government shall, when developing, competitively procuring,
4376	maintaining, or using electronic information or information
4377	technology acquired on or after July 1, 2006, ensure that state
4378	employees with disabilities have access to and are provided with
4379	information and data comparable to the access and use by state
4380	employees who are not individuals with disabilities, unless an
4381	undue burden would be imposed on the agency.
4382	(2)  Individuals with disabilities who are members of the
4383	public seeking information or services from state agencies that
4384	are subject to this part shall be provided with access to and
4385	use of information and data comparable to that provided to the
4386	public who are not individuals with disabilities, unless an
4387	undue burden would be imposed on the agency.
4388	282.602  Definitions.--As used in this part, the term:
4389	(1)  "Accessible electronic information and information
4390	technology" means electronic information and information
4391	technology that conforms to the standards for accessible
4392	electronic information and information technology as set forth
4393	by s. 508 of the Rehabilitation Act of 1973, as amended, and 29
4394	U.S.C. s. 794(d), including the regulations set forth under 36
4395	C.F.R. part 1194.
4396	(2)  "Alternate methods" means a different means of
4397	providing information to people with disabilities, including
4398	product documentation. The term includes, but is not limited to,
4399	voice, facsimile, relay service, TTY, Internet posting,
4400	captioning, text-to-speech synthesis, and audio description.
4401	(3)  "Electronic information and information technology"
4402	includes information technology and any equipment or
4403	interconnected system or subsystem of equipment that is used in
4404	creating, converting, or duplicating data or information. The
4405	term includes, but is not limited to, telecommunications
4406	products such as telephones, information kiosks and transaction
4407	machines, Internet websites, multimedia systems, and office
4408	equipment such as copiers and facsimile machines. The term does
4409	not include any equipment that contains embedded information
4410	technology that is an integral part of the product if the
4411	principal function of the technology is not the acquisition,
4412	storage, manipulation, management, movement, control, display,
4413	switching, interchange, transmission, or reception of data or
4414	information.
4415	(4)  "Information technology" means any equipment or
4416	interconnected system or subsystem of equipment that is used in
4417	the automatic acquisition, storage, manipulation, management,
4418	movement, control, display, switching, interchange,
4419	transmission, or reception of data or information. The term
4420	includes computers, ancillary equipment, software, firmware and
4421	similar procedures, services, and support services, and related
4422	resources.
4423	(5)  "Undue burden" means significant difficulty or
4424	expense. In determining whether an action would result in an
4425	undue burden, a state agency shall consider all agency resources
4426	that are available to the program or component for which the
4427	product is being developed, procured, maintained, or used.
4428	(6)  "State agency" means any agency of the executive,
4429	legislative, or judicial branch of state government.
4430	282.603  Access to electronic and information technology
4431	for persons with disabilities; undue burden; limitations.--
4432	(1)  Each state agency shall develop, procure, maintain,
4433	and use accessible electronic information and information
4434	technology acquired on or after July 1, 2006, that conforms to
4435	the applicable provisions set forth by s. 508 of the
4436	Rehabilitation Act of 1973, as amended, and 29 U.S.C. s. 794(d),
4437	including the regulations set forth under 36 C.F.R. part 1194,
4438	except when compliance with this section imposes an undue
4439	burden; however, in such instance, a state agency must provide
4440	individuals with disabilities with the information and data
4441	involved by an alternative method of access that allows the
4442	individual to use the information and data.
4443	(2)  This section does not require a state agency to
4444	install specific accessibility-related software or attach an
4445	assistive-technology device at a work station of a state
4446	employee who is not an individual with a disability.
4447	(3)  This section does not require a state agency, when
4448	providing the public with access to information or data through
4449	electronic information technology, to make products owned by the
4450	state agency available for access and use by individuals with
4451	disabilities at a location other than the location at which the
4452	electronic information and information technology are normally
4453	provided to the public. This section does not require a state
4454	agency to purchase products for access and use by individuals
4455	with disabilities at a location other than at the location where
4456	the electronic information and information technology are
4457	normally provided to the public.
4458	282.604  Adoption of rules.--The Department of Management
4459	Services shall, with input from stakeholders, adopt rules
4460	pursuant to ss. 120.536(1) and 120.54 for the development,
4461	procurement, maintenance, and use of accessible electronic
4462	information technology by governmental units.
4463	282.605  Exceptions.--
4464	(1)  This part does not apply to electronic information and
4465	information technology of the Department of Military Affairs or
4466	the Florida National Guard if the function, operation, or use of
4467	the information or technology involves intelligence activities
4468	or cryptologic activities related to national security, the
4469	command and control of military forces, equipment that is an
4470	integral part of a weapon or weapons system, or systems that are
4471	critical to the direct fulfillment of military or intelligence
4472	missions. Systems that are critical to the direct fulfillment of
4473	military or intelligence missions do not include a system that
4474	is used for routine administrative and business applications,
4475	including, but not limited to, payroll, finance, logistics, and
4476	personnel-management applications.
4477	(2)  This part does not apply to electronic information and
4478	information technology of a state agency if the function,
4479	operation, or use of the information or technology involves
4480	criminal intelligence activities. Such activities do not include
4481	information or technology that is used for routine
4482	administrative and business applications, including, but not
4483	limited to, payroll, finance, logistics, and personnel-
4484	management applications.
4485	(3)  This part does not apply to electronic information and
4486	information technology that is acquired by a contractor and that
4487	is incidental to the contract.
4488	(4)  This part applies to competitive solicitations issued
4489	or new systems developed by a state agency on or after July 1,
4490	2006.
4491	282.606  Intent.--It is the intent of the Legislature that,
4492	in construing this part, due consideration and great weight be
4493	given to the interpretations of the federal courts relating to
4494	comparable provisions of s. 508 of the Rehabilitation Act of
4495	1973, as amended, and 29 U.S.C. s. 794(d), including the
4496	regulations set forth under 36 C.F.R. part 1194, as of July 1,
4497	2006.
4498	Section 74.  This act shall take effect July 1, 2006.

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