Senate Bill sb2012

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    Florida Senate - 2006                                  SB 2012

    By Senator Baker





    20-976A-06

  1                      A bill to be entitled

  2         An act relating to the Agency for Persons with

  3         Disabilities; amending s. 39.202, F.S.;

  4         providing for certain employees, agents, and

  5         contract providers of the agency to have access

  6         to records concerning cases of child abuse or

  7         neglect for specified purposes; amending s.

  8         39.407, F.S.; deleting provisions authorizing

  9         the treatment of a child under ch. 393, F.S.,

10         if the child is alleged to be dependent;

11         amending s. 383.14, F.S., relating to the

12         Genetics and Newborn Screening Advisory

13         Council; conforming provisions to the transfer

14         of duties from the Developmental Disabilities

15         Program Office within the Department of

16         Children and Family Services to the Agency for

17         Persons with Disabilities; repealing s.

18         393.061, F.S., relating to a short title;

19         amending s. 393.062, F.S.; revising legislative

20         findings and intent to conform to changes in

21         terminology; amending s. 393.063, F.S.;

22         revising the definitions applicable to ch. 393,

23         F.S., relating to developmental disabilities;

24         amending s. 393.064, F.S.; revising the duties

25         of the Agency for Persons with Disabilities

26         with respect to prevention services,

27         evaluations and assessments, intervention

28         services, and support services; amending s.

29         393.0641, F.S.; defining the term "severe

30         self-injurious behavior" for purposes of a

31         program of prevention and treatment for

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 1         individuals exhibiting such behavior; amending

 2         s. 393.065, F.S., relating to application for

 3         services and the determination of eligibility

 4         for services; authorizing the agency to adopt

 5         rules; amending s. 393.0651, F.S., relating to

 6         support plans for families and individuals;

 7         revising the age at which support plans are

 8         developed for children; deleting a prohibition

 9         against assessing certain fees; creating s.

10         393.0654, F.S.; specifying circumstances under

11         which an employee of the agency may own,

12         operate, or work in a private facility under

13         contract with the agency; amending s. 393.0655,

14         F.S.; revising the screening requirements for

15         direct service providers; providing a temporary

16         exemption from screening requirements for

17         certain providers; amending s. 393.0657, F.S.;

18         revising an exemption from certain requirements

19         for refingerprinting and rescreening; amending

20         s. 393.066, F.S.; revising certain requirements

21         for the services provided by the agency;

22         requiring agency approval for purchased

23         services; revising the agency's rulemaking

24         authority; amending s. 393.067, F.S.; revising

25         requirements governing the agency's licensure

26         procedures; specifying that a license from the

27         agency is not a property right; revising the

28         requirements for background screening of

29         applicants for licensure and managers,

30         supervisors, and staff members of service

31         providers; requiring that the agency adopt

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 1         rules governing the reporting of incidents;

 2         deleting certain responsibilities of the Agency

 3         for Health Care Administration with respect to

 4         the development and review of emergency

 5         management plans; amending s. 393.0673, F.S.;

 6         deleting a requirement that certain fines be

 7         deposited into the Resident Protection Trust

 8         Fund; requiring that the Agency for Persons

 9         with Disabilities adopt rules for evaluating

10         violations and determining the amount of fines;

11         amending s. 393.0674, F.S.; providing a penalty

12         for failure by a provider to comply with

13         background-screening requirements; amending s.

14         393.0675, F.S.; deleting certain obsolete

15         provisions requiring that a provider be of good

16         moral character; amending s. 393.0678, F.S.;

17         deleting provisions governing receivership

18         proceedings for an intermediate care facility

19         for the developmentally disabled; deleting a

20         requirement that a receiver is subject to the

21         Resident Protection Trust Fund and liable for

22         certain expenses and costs; amending s.

23         393.068, F.S.; requiring that the family care

24         program emphasize self-determination; revising

25         certain requirements for reimbursing a family

26         care program provider; amending s. 393.0695,

27         F.S., relating to in-home subsidies; requiring

28         that the Agency for Persons with Disabilities

29         adopt rules for such subsidies; amending s.

30         393.075, F.S., relating to liability coverage

31         for facilities licensed by the agency;

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 1         conforming terminology; amending s. 393.11,

 2         F.S.; revising provisions governing the

 3         involuntary admission of a person to

 4         residential services; clarifying provisions

 5         governing involuntary commitment; requiring

 6         that a person's competency be determined under

 7         ch. 916, F.S.; conforming terminology; amending

 8         s. 393.122, F.S.; clarifying requirements

 9         governing applications for continued

10         residential services; amending s. 393.125,

11         F.S., relating to administrative hearings;

12         prohibiting a service provider of an applicant

13         or client from acting as that applicant's or

14         client's authorized representative; amending s.

15         393.13, F.S., relating to the Bill of Rights of

16         Persons Who are Developmentally Disabled;

17         requiring the agency to adopt rules governing

18         the use of restraints; revising requirements

19         for client records; deleting certain

20         requirements governing local advocacy councils;

21         amending s. 393.135, F.S.; redefining the term

22         "sexual misconduct"; clarifying provisions

23         making such misconduct a second-degree felony;

24         amending s. 393.15, F.S.; establishing the

25         Community Resources Development Loan Program to

26         provide loans to foster homes, group homes, and

27         supported employment programs; providing

28         legislative intent; providing eligibility

29         requirements; providing authorized uses of loan

30         funds; requiring that the agency adopt rules

31         governing the loan program; providing

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 1         requirements for repaying loans; amending s.

 2         393.17, F.S.; authorizing the agency to

 3         establish certification programs for persons

 4         providing services to clients; requiring that

 5         the agency establish a certification program

 6         for behavior analysts; requiring that the

 7         program be reviewed and validated; creating s.

 8         393.18, F.S.; providing for a comprehensive

 9         transition education program for persons who

10         have severe or moderate maladaptive behaviors;

11         specifying the types of treatment and education

12         centers providing services under the program;

13         providing requirements for licensure; requiring

14         individual education plans for persons

15         receiving services; limiting the number of

16         persons who may receive services in such a

17         program; amending s. 393.501, F.S.; revising

18         the agency's rulemaking authority; providing

19         requirements for rules governing alternative

20         living centers and independent living education

21         centers; amending s. 397.405, F.S.; clarifying

22         an exemption from licensure provided to certain

23         facilities licensed under ch. 393, F.S.;

24         amending s. 400.419, F.S.; requiring that a

25         list of facilities subject to sanctions or

26         fines be disseminated to the Agency for Persons

27         with Disabilities; amending s. 400.960, F.S.;

28         revising definitions for purpose of part XI of

29         ch. 400, F.S., relating to nursing homes and

30         related facilities; amending s. 400.967, F.S.,

31         relating to rules and classification

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 1         deficiencies; conforming provisions to the

 2         transfer of duties from the Department of

 3         Children and Family Services to the Agency for

 4         Persons with Disabilities; amending ss.

 5         402.115, 402.17, 402.181, 402.22, and 402.33,

 6         F.S.; including the Agency for Persons with

 7         Disabilities within provisions governing the

 8         sharing of information, claims for the care and

 9         maintenance of facility residents, education

10         programs for students who reside in state

11         facilities, and fees for services; amending s.

12         408.036, F.S., relating to projects that are

13         exempt from obtaining a certificate of need;

14         conforming terminology; amending ss. 409.908

15         and 409.9127, F.S., relating to the Medicaid

16         program; conforming a cross-reference; deleting

17         obsolete provisions; amending ss. 411.224 and

18         411.232, F.S.; conforming provisions to the

19         transfer of duties from the Developmental

20         Disabilities Program Office within the

21         Department of Children and Family Services to

22         the Agency for Persons with Disabilities;

23         amending ss. 415.102, 415.1035, 415.1055, and

24         415.107, F.S.; conforming terminology;

25         including the Agency for Persons with

26         Disabilities within provisions providing

27         requirements that a facility inform residents

28         of certain rights, notification requirements

29         for administrative entities, and requirements

30         for maintaining the confidentiality of reports

31         and records; amending s. 419.001, F.S.,

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 1         relating to site selection of community

 2         residential homes; revising definitions;

 3         conforming terminology; amending s. 435.03,

 4         F.S., relating to screening standards;

 5         conforming terminology and a cross-reference;

 6         amending ss. 944.602, 945.025, 947.185, 984.19,

 7         984.225, 984.226, and 985.224, F.S., relating

 8         to the Department of Corrections, the Parole

 9         Commission, children in need of services, and

10         petitions alleging delinquency; conforming

11         provisions to the transfer of duties from the

12         Developmental Disabilities Program Office

13         within the Department of Children and Family

14         Services to the Agency for Persons with

15         Disabilities; amending s. 1003.58, F.S.;

16         including facilities operated by the Agency for

17         Persons with Disabilities within provisions

18         governing the residential care of students;

19         providing an effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Paragraphs (a) and (h) of subsection (2) of

24  section 39.202, Florida Statutes, are amended to read:

25         39.202  Confidentiality of reports and records in cases

26  of child abuse or neglect.--

27         (2)  Except as provided in subsection (4), access to

28  such records, excluding the name of the reporter which shall

29  be released only as provided in subsection (5), shall be

30  granted only to the following persons, officials, and

31  agencies:

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 1         (a)  Employees, authorized agents, or contract

 2  providers of the department, the Department of Health, the

 3  Agency for Persons with Disabilities, or county agencies

 4  responsible for carrying out:

 5         1.  Child or adult protective investigations;

 6         2.  Ongoing child or adult protective services;

 7         3.  Healthy Start services; or

 8         4.  Licensure or approval of adoptive homes, foster

 9  homes, or child care facilities, facilities licensed under

10  chapter 393, or family day care homes or informal child care

11  providers who receive subsidized child care funding, or other

12  homes used to provide for the care and welfare of children.

13         5.  Services for victims of domestic violence when

14  provided by certified domestic violence centers working at the

15  department's request as case consultants or with shared

16  clients.

17  

18  Also, employees or agents of the Department of Juvenile

19  Justice responsible for the provision of services to children,

20  pursuant to chapters 984 and 985.

21         (h)  Any appropriate official of the department or the

22  Agency for Persons with Disabilities who is responsible for:

23         1.  Administration or supervision of the department's

24  program for the prevention, investigation, or treatment of

25  child abuse, abandonment, or neglect, or abuse, neglect, or

26  exploitation of a vulnerable adult, when carrying out his or

27  her official function;

28         2.  Taking appropriate administrative action concerning

29  an employee of the department or the agency who is alleged to

30  have perpetrated child abuse, abandonment, or neglect, or

31  abuse, neglect, or exploitation of a vulnerable adult; or

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 1         3.  Employing and continuing employment of personnel of

 2  the department or the agency.

 3         Section 2.  Subsection (5) of section 39.407, Florida

 4  Statutes, is amended to read:

 5         39.407  Medical, psychiatric, and psychological

 6  examination and treatment of child; physical or mental

 7  examination of parent or person requesting custody of child.--

 8         (5)  A judge may order a child in an out-of-home

 9  placement to be treated by a licensed health care professional

10  based on evidence that the child should receive treatment.

11  The judge may also order such child to receive mental health

12  or developmental disabilities services from a psychiatrist,

13  psychologist, or other appropriate service provider.  Except

14  as provided in subsection (6), if it is necessary to place the

15  child in a residential facility for such services, the

16  procedures and criteria established in s. 394.467 or chapter

17  393 shall be used, whichever is applicable. A child may be

18  provided developmental disabilities or mental health services

19  in emergency situations, pursuant to the procedures and

20  criteria contained in s. 394.463(1) or chapter 393, whichever

21  is applicable.

22         Section 3.  Subsection (5) of section 383.14, Florida

23  Statutes, is amended to read:

24         383.14  Screening for metabolic disorders, other

25  hereditary and congenital disorders, and environmental risk

26  factors.--

27         (5)  ADVISORY COUNCIL.--There is established a Genetics

28  and Newborn Screening Advisory Council made up of 15 members

29  appointed by the Secretary of Health.  The council shall be

30  composed of two consumer members, three practicing

31  pediatricians, at least one of whom must be a pediatric

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 1  hematologist, one representative from each of the four medical

 2  schools in the state, the Secretary of Health or his or her

 3  designee, one representative from the Department of Health

 4  representing Children's Medical Services, one representative

 5  from the Florida Hospital Association, one individual with

 6  experience in newborn screening programs, one individual

 7  representing audiologists, and one representative from the

 8  Agency for Persons with Disabilities Developmental

 9  Disabilities Program Office of the Department of Children and

10  Family Services. All appointments shall be for a term of 4

11  years.  The chairperson of the council shall be elected from

12  the membership of the council and shall serve for a period of

13  2 years.  The council shall meet at least semiannually or upon

14  the call of the chairperson. The council may establish ad hoc

15  or temporary technical advisory groups to assist the council

16  with specific topics which come before the council. Council

17  members shall serve without pay. Pursuant to the provisions of

18  s. 112.061, the council members are entitled to be reimbursed

19  for per diem and travel expenses.  It is the purpose of the

20  council to advise the department about:

21         (a)  Conditions for which testing should be included

22  under the screening program and the genetics program.

23         (b)  Procedures for collection and transmission of

24  specimens and recording of results.

25         (c)  Methods whereby screening programs and genetics

26  services for children now provided or proposed to be offered

27  in the state may be more effectively evaluated, coordinated,

28  and consolidated.

29         Section 4.  Section 393.061, Florida Statutes, is

30  repealed.

31  

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 1         Section 5.  Section 393.062, Florida Statutes, is

 2  amended to read:

 3         393.062  Legislative findings and declaration of

 4  intent.--The Legislature finds and declares that existing

 5  state programs for the treatment of individuals with

 6  developmental disabilities who are developmentally disabled,

 7  which often unnecessarily place clients in institutions, are

 8  unreasonably costly, are ineffective in bringing the

 9  individual client to his or her maximum potential, and are in

10  fact debilitating to many a great majority of clients. A

11  redirection in state treatment programs for individuals with

12  developmental disabilities who are developmentally disabled is

13  necessary if any significant amelioration of the problems

14  faced by such individuals is ever to take place. Such

15  redirection should place primary emphasis on programs that

16  have the potential to prevent or reduce the severity of

17  developmental disabilities. Further, the Legislature declares

18  that greatest priority shall be given to the development and

19  implementation of community-based residential placements,

20  services that, and treatment programs for individuals who are

21  developmentally disabled which will enable such individuals

22  with developmental disabilities to achieve their greatest

23  potential for independent and productive living, which will

24  enable them to live in their own homes or in residences

25  located in their own communities, and which will permit them

26  to be diverted or removed from unnecessary institutional

27  placements. This goal The Legislature finds that the

28  eligibility criteria for intermediate-care facilities for the

29  developmentally disabled which are specified in the Medicaid

30  state plan in effect on the effective date of this act are

31  essential to the system of residential services. The

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 1  Legislature declares that the goal of this act, to improve the

 2  quality of life of all developmentally disabled persons by the

 3  development and implementation of community-based residential

 4  placements, services, and treatment, cannot be met without

 5  ensuring the availability of community residential

 6  opportunities for developmentally disabled persons in the

 7  residential areas of this state.  The Legislature, therefore,

 8  declares that all persons with developmental disabilities who

 9  live in licensed community homes shall have a family living

10  environment comparable to other Floridians.  The Legislature

11  intends that such residences shall be considered and treated

12  as a functional equivalent of a family unit and not as an

13  institution, business, or boarding home.  The Legislature

14  declares that, in developing community-based programs and

15  services for individuals with developmental disabilities who

16  are developmentally disabled, private businesses,

17  not-for-profit corporations, units of local government, and

18  other organizations capable of providing needed services to

19  clients in a cost-efficient manner shall be given preference

20  in lieu of operation of programs directly by state agencies.

21  Finally, it is the intent of the Legislature that all

22  caretakers unrelated to individuals with developmental

23  disabilities receiving care shall be of good moral character.

24         Section 6.  Section 393.063, Florida Statutes, is

25  amended to read:

26         393.063  Definitions.--For the purposes of this

27  chapter, the term:

28         (1)  "Agency" means the Agency for Persons with

29  Disabilities.

30         (2)  "Autism" or "autistic disorder" means a disorder,

31  as defined in the current edition of the Diagnostic and

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 1  Statistical Manual of the American Psychiatric Association,

 2  which causes pervasive impairment in social interaction,

 3  communication, and range of interests and activities. While

 4  these characteristics occur on a spectrum, the term refers

 5  only to the most severe disorder on this spectrum as defined

 6  in the Diagnostic and Statistical Manual. means a pervasive,

 7  neurologically based developmental disability of extended

 8  duration which causes severe learning, communication, and

 9  behavior disorders with age of onset during infancy or

10  childhood. Individuals with autism exhibit impairment in

11  reciprocal social interaction, impairment in verbal and

12  nonverbal communication and imaginative ability, and a

13  markedly restricted repertoire of activities and interests.

14         (3)  "Cerebral palsy" means a group of disabling

15  symptoms of extended duration which results from damage to the

16  developing brain that may occur before, during, or after birth

17  and that results in the loss or impairment of control over

18  voluntary muscles. For the purposes of this definition,

19  cerebral palsy does not include those symptoms or impairments

20  resulting solely from a stroke.

21         (4)  "Client" means any person determined eligible by

22  the agency for services under this chapter.

23         (5)  "Client advocate" means a friend or relative of

24  the client, or of the client's immediate family, who advocates

25  for the best interests of the client in any proceedings under

26  this chapter in which the client or his or her family has the

27  right or duty to participate.

28         (6)  "Comprehensive assessment" means the process used

29  to determine eligibility for services under this chapter.

30         (7)  "Comprehensive transitional education program"

31  means the program established in s. 393.18. a group of jointly

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 1  operating centers or units, the collective purpose of which is

 2  to provide a sequential series of educational care, training,

 3  treatment, habilitation, and rehabilitation services to

 4  persons who have developmental disabilities and who have

 5  severe or moderate maladaptive behaviors. However, nothing in

 6  this subsection shall require such programs to provide

 7  services only to persons with developmental disabilities. All

 8  such services shall be temporary in nature and delivered in a

 9  structured residential setting with the primary goal of

10  incorporating the normalization principle to establish

11  permanent residence for persons with maladaptive behaviors in

12  facilities not associated with the comprehensive transitional

13  education program. The staff shall include psychologists and

14  teachers who shall be available to provide services in each

15  component center or unit of the program. The psychologists

16  shall be individuals who are licensed in this state and

17  certified as behavior analysts in this state, or individuals

18  who are certified as behavior analysts pursuant to s. 393.17.

19         (a)  Comprehensive transitional education programs

20  shall include a minimum of two component centers or units, one

21  of which shall be either an intensive treatment and

22  educational center or a transitional training and educational

23  center, which provide services to persons with maladaptive

24  behaviors in the following sequential order:

25         1.  Intensive treatment and educational center. This

26  component is a self-contained residential unit providing

27  intensive psychological and educational programming for

28  persons with severe maladaptive behaviors, whose behaviors

29  preclude placement in a less restrictive environment due to

30  the threat of danger or injury to themselves or others.

31  

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 1         2.  Transitional training and educational center. This

 2  component is a residential unit for persons with moderate

 3  maladaptive behaviors, providing concentrated psychological

 4  and educational programming emphasizing a transition toward a

 5  less restrictive environment.

 6         3.  Community transition residence. This component is a

 7  residential center providing educational programs and such

 8  support services, training, and care as are needed to assist

 9  persons with maladaptive behaviors to avoid regression to more

10  restrictive environments while preparing them for more

11  independent living. Continuous-shift staff shall be required

12  for this component.

13         4.  Alternative living center. This component is a

14  residential unit providing an educational and family living

15  environment for persons with maladaptive behaviors, in a

16  moderately unrestricted setting. Residential staff shall be

17  required for this component.

18         5.  Independent living education center. This component

19  is a facility providing a family living environment for

20  persons with maladaptive behaviors, in a largely unrestricted

21  setting which includes education and monitoring appropriate to

22  support the development of independent living skills.

23         (b)  Centers or units that are components of a

24  comprehensive transitional education program are subject to

25  the license issued to the comprehensive transitional education

26  program and may be located on either single or multiple sites.

27         (c)  Comprehensive transitional education programs

28  shall develop individual education plans for each person with

29  maladaptive behaviors who receives services therein. Such

30  individual education plans shall be developed in accordance

31  

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 1  with the criteria specified in 20 U.S.C. ss. 401 et seq., and

 2  34 C.F.R. part 300.

 3         (d)  In no instance shall the total number of persons

 4  with maladaptive behaviors being provided services in a

 5  comprehensive transitional education program exceed 120.

 6         (e)  This subsection shall authorize licensure for

 7  comprehensive transitional education programs which by July 1,

 8  1989:

 9         1.  Are in actual operation; or

10         2.  Own a fee simple interest in real property for

11  which a county or city government has approved zoning allowing

12  for the placement of the facilities described in this

13  subsection, and have registered an intent with the department

14  to operate a comprehensive transitional education program.

15  However, nothing shall prohibit the assignment by such a

16  registrant to another entity at a different site within the

17  state, so long as there is compliance with all criteria of the

18  comprehensive transitional education program and local zoning

19  requirements and provided that each residential facility

20  within the component centers or units of the program

21  authorized under this subparagraph shall not exceed a capacity

22  of 15 persons.

23         (8)  "Day habilitation facility" means any

24  nonresidential facility which provides day habilitation

25  services.

26         (9)  "Day habilitation service" means assistance with

27  the acquisition, retention, or improvement in self-help,

28  socialization, and adaptive skills which takes place in a

29  nonresidential setting, separate from the home or facility in

30  which the individual resides. Day habilitation services shall

31  focus on enabling the individual to attain or maintain his or

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 1  her maximum functional level and shall be coordinated with any

 2  physical, occupational, or speech therapies listed in the plan

 3  of care.

 4         (8)(10)  "Developmental disability" means a disorder or

 5  syndrome that is attributable to mental retardation, cerebral

 6  palsy, autism, spina bifida, or Prader-Willi syndrome; that

 7  manifests before the age of 18; and that constitutes a

 8  substantial handicap that can reasonably be expected to

 9  continue indefinitely.

10         (9)(11)  "Developmental disabilities institution" means

11  a state-owned and state-operated facility, formerly known as a

12  "Sunland Center," providing for the care, habilitation, and

13  rehabilitation of clients with developmental disabilities.

14         (10)(12)  "Direct service provider," also known as

15  "caregiver" in chapters 39 and 415 or "caretaker" in

16  provisions relating to employment security checks, means a

17  person 18 years of age or older who has direct face-to-face

18  contact with clients while providing services to the clients

19  individuals with developmental disabilities, or has access to

20  a client's living areas or to a client's funds or personal

21  property, and is not a relative of such individuals.

22         (11)(13)  "Domicile" means the place where a client

23  legally resides, which place is his or her permanent home.

24  Domicile may be established as provided in s. 222.17. Domicile

25  may not be established in Florida by a minor who has no parent

26  domiciled in Florida, or by a minor who has no legal guardian

27  domiciled in Florida, or by any alien not classified as a

28  resident alien.

29         (14)  "Enclave" means a work station in public or

30  private business or industry where a small group of persons

31  with developmental disabilities is employed and receives

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 1  training and support services or follow-along services among

 2  nonhandicapped workers.

 3         (15)  "Epilepsy" means a chronic brain disorder of

 4  various causes which is characterized by recurrent seizures

 5  due to excessive discharge of cerebral neurons. When found

 6  concurrently with retardation, autism, or cerebral palsy,

 7  epilepsy is considered a secondary disability for which the

 8  client is eligible to receive services to ameliorate this

 9  condition pursuant to this chapter.

10         (12)(16)  "Express and informed consent" means consent

11  voluntarily given in writing with sufficient knowledge and

12  comprehension of the subject matter in order involved to

13  enable the person giving consent to make a knowing an

14  understanding and enlightened decision without any element of

15  force, fraud, deceit, duress, or other form of constraint or

16  coercion.

17         (13)(17)  "Family care program" means the program

18  established in s. 393.068.

19         (18)  "Follow-along services" means those support

20  services provided to persons with developmental disabilities

21  in all supported employment programs and may include, but are

22  not limited to, family support, assistance in meeting

23  transportation and medical needs, employer intervention,

24  performance evaluation, advocacy, replacement, retraining or

25  promotional assistance, or other similar support services.

26         (14)(19)  "Foster care facility" means a residential

27  facility licensed under this chapter which provides a family

28  living environment including supervision and care necessary to

29  meet the physical, emotional, and social needs of its

30  residents. The capacity of such a facility shall not be more

31  than three residents.

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 1         (15)(20)  "Group home facility" means a residential

 2  facility licensed under this chapter which provides a family

 3  living environment including supervision and care necessary to

 4  meet the physical, emotional, and social needs of its

 5  residents. The capacity of such a facility shall be at least 4

 6  but not more than 15 residents. For the purposes of this

 7  chapter, group home facilities shall not be considered

 8  commercial enterprises.

 9         (16)(21)  "Guardian advocate" means a person appointed

10  by a written order of the court to represent a person with

11  developmental disabilities under s. 393.12.

12         (17)(22)  "Habilitation" means the process by which a

13  client is assisted to acquire and maintain those life skills

14  which enable the client to cope more effectively with the

15  demands of his or her condition and environment and to raise

16  the level of his or her physical, mental, and social

17  efficiency. It includes, but is not limited to, programs of

18  formal structured education and treatment.

19         (18)(23)  "High-risk child" means, for the purposes of

20  this chapter, a child from 3 birth to 5 years of age with one

21  or more of the following characteristics:

22         (a)  A developmental delay in cognition, language, or

23  physical development.

24         (b)  A child surviving a catastrophic infectious or

25  traumatic illness known to be associated with developmental

26  delay, when funds are specifically appropriated.

27         (c)  A child with a parent or guardian with

28  developmental disabilities who requires assistance in meeting

29  the child's developmental needs.

30         (d)  A child who has a physical or genetic anomaly

31  associated with developmental disability.

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 1         (19)(24)  "Intermediate care facility for the

 2  developmentally disabled" or "ICF/DD" means a residential

 3  facility licensed and certified pursuant to part XI of chapter

 4  400.

 5         (25)  "Job coach" means a person who provides

 6  employment-related training at a worksite to individuals with

 7  developmental disabilities.

 8         (20)(26)  "Medical/dental services" means medically

 9  necessary those services which are provided or ordered for a

10  client by a person licensed under pursuant to the provisions

11  of chapter 458, chapter 459, or chapter 466. Such services may

12  include, but are not limited to, prescription drugs,

13  specialized therapies, nursing supervision, hospitalization,

14  dietary services, prosthetic devices, surgery, specialized

15  equipment and supplies, adaptive equipment, and other services

16  as required to prevent or alleviate a medical or dental

17  condition.

18         (27)  "Mobile work crew" means a group of workers

19  employed by an agency that provides services outside the

20  agency, usually under service contracts.

21         (28)  "Normalization principle" means the principle of

22  letting the client obtain an existence as close to the normal

23  as possible, making available to the client patterns and

24  conditions of everyday life which are as close as possible to

25  the norm and patterns of the mainstream of society.

26         (29)  "Personal services" include, but are not limited

27  to, such services as: individual assistance with or

28  supervision of essential activities of daily living for

29  self-care, including ambulation, bathing, dressing, eating,

30  grooming, and toileting, and other similar services that the

31  agency may define by rule. "Personal services" shall not be

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 1  construed to mean the provision of medical, nursing, dental,

 2  or mental health services by the staff of a facility, except

 3  as provided in this chapter. In addition, an emergency

 4  response device installed in the apartment or living area of a

 5  resident shall not be classified as a personal service.

 6         (21)(30)  "Prader-Willi syndrome" means an inherited

 7  condition typified by neonatal hypotonia with failure to

 8  thrive, hyperphagia or an excessive drive to eat which leads

 9  to obesity usually at 18 to 36 months of age, mild to moderate

10  mental retardation, hypogonadism, short stature, mild facial

11  dysmorphism, and a characteristic neurobehavior.

12         (31)  "Reassessment" means a process which periodically

13  develops, through annual review and revision of a client's

14  family or individual support plan, a knowledgeable statement

15  of current needs and past development for each client.

16         (22)(32)  "Relative" means an individual who is

17  connected by affinity or consanguinity to the client and who

18  is 18 years of age or older more.

19         (23)(33)  "Resident" means any person who is

20  developmentally disabled residing at a residential facility in

21  this the state, whether or not such person is a client of the

22  agency.

23         (24)(34)  "Residential facility" means a facility

24  providing room and board and personal care for persons with

25  developmental disabilities.

26         (35)  "Residential habilitation" means assistance

27  provided with acquisition, retention, or improvement in skills

28  related to activities of daily living, such as personal

29  grooming and cleanliness, bedmaking and household chores,

30  eating and the preparation of food, and the social and

31  

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 1  adaptive skills necessary to enable the individual to reside

 2  in a noninstitutional setting.

 3         (25)(36)  "Residential habilitation center" means a

 4  community residential facility licensed under this chapter

 5  which that provides residential habilitation services. The

 6  capacity of such a facility shall not be fewer than nine

 7  residents. After October 1, 1989, no new residential

 8  habilitation centers may not shall be licensed and the

 9  licensed capacity shall not be increased for any existing

10  residential habilitation center may not be increased.

11         (26)(37)  "Respite service" means appropriate,

12  short-term, temporary care that is provided to a person with

13  developmental disabilities to meet the planned or emergency

14  needs of the person or the family or other direct service

15  provider.

16         (27)(38)  "Retardation" means significantly subaverage

17  general intellectual functioning existing concurrently with

18  deficits in adaptive behavior and manifested during the period

19  from conception to age 18. "Significantly subaverage general

20  intellectual functioning," for the purpose of this definition,

21  means performance which is two or more standard deviations

22  from the mean score on a standardized intelligence test

23  specified in the rules of the agency. "Adaptive behavior," for

24  the purpose of this definition, means the effectiveness or

25  degree with which an individual meets the standards of

26  personal independence and social responsibility expected of

27  his or her age, cultural group, and community.

28         (28)  "Self-determination" means an individual's

29  freedom to exercise the same rights as all other citizens,

30  authority to exercise control over funds needed for one's own

31  support, including prioritizing these funds when necessary,

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 1  responsibility for the wise use of public funds, and self

 2  advocacy to speak and advocate for oneself in order to gain

 3  independence and ensure that individuals with a developmental

 4  disability are treated equally.

 5         (39)  "Severe self-injurious behavior" means any

 6  chronic behavior that results in injury to the person's own

 7  body, which includes, but is not limited to, self-hitting,

 8  head banging, self-biting, scratching, and the ingestion of

 9  harmful or potentially harmful nutritive or nonnutritive

10  substances.

11         (29)(40)  "Specialized therapies" means those

12  treatments or activities prescribed by and provided by an

13  appropriately trained, licensed, or certified professional or

14  staff person and may include, but are not limited to, physical

15  therapy, speech therapy, respiratory therapy, occupational

16  therapy, behavior therapy, physical management services, and

17  related specialized equipment and supplies.

18         (30)(41)  "Spina bifida" means, for purposes of this

19  chapter, a person with a medical diagnosis of spina bifida

20  cystica or myelomeningocele.

21         (31)(42)  "Support coordinator" means a person who is

22  designated by the agency to assist individuals and families in

23  identifying their capacities, needs, and resources, as well as

24  finding and gaining access to necessary supports and services;

25  coordinating the delivery of supports and services; advocating

26  on behalf of the individual and family; maintaining relevant

27  records; and monitoring and evaluating the delivery of

28  supports and services to determine the extent to which they

29  meet the needs and expectations identified by the individual,

30  family, and others who participated in the development of the

31  support plan.

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 1         (43)  "Supported employee" means a person who requires

 2  and receives supported employment services in order to

 3  maintain community-based employment.

 4         (32)(44)  "Supported employment" means employment

 5  located or provided in a normal employment setting which

 6  provides at least 20 hours employment per week in an

 7  integrated work setting, with earnings paid on a commensurate

 8  wage basis, and for which continued support is needed for job

 9  maintenance.

10         (33)(45)  "Supported living" means a category of

11  individually determined services designed and coordinated in

12  such a manner as to provide assistance to adult clients who

13  require ongoing supports to live as independently as possible

14  in their own homes, to be integrated into the community, and

15  to participate in community life to the fullest extent

16  possible.

17         (34)(46)  "Training" means a planned approach to

18  assisting a client to attain or maintain his or her maximum

19  potential and includes services ranging from sensory

20  stimulation to instruction in skills for independent living

21  and employment.

22         (35)(47)  "Treatment" means the prevention,

23  amelioration, or cure of a client's physical and mental

24  disabilities or illnesses.

25         Section 7.  Subsections (1), (2), and (4) of section

26  393.064, Florida Statutes, are amended to read:

27         393.064  Prevention.--

28         (1)  The agency shall give priority to the development,

29  planning, and implementation of programs which have the

30  potential to prevent, correct, cure, or reduce the severity of

31  developmental disabilities. The agency shall direct an

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 1  interagency and interprogram effort for the continued

 2  development of a prevention plan and program. The agency shall

 3  identify, through demonstration projects, through program

 4  evaluation, and through monitoring of programs and projects

 5  conducted outside of the agency, any medical, social,

 6  economic, or educational methods, techniques, or procedures

 7  that have the potential to effectively ameliorate, correct, or

 8  cure developmental disabilities. The agency program shall

 9  determine the costs and benefits that would be associated with

10  such prevention efforts and shall implement, or recommend the

11  implementation of, those methods, techniques, or procedures

12  which are found likely to be cost-beneficial.

13         (2)  Prevention services provided by the agency shall

14  developmental services program include services to high-risk

15  and developmentally disabled children from 3 birth to 5 years

16  of age, and their families, to meet the intent of chapter 411.

17  Except for services for children from birth to age 3 years

18  which Such services shall include individual evaluations or

19  assessments necessary to diagnose a developmental disability

20  or high-risk condition and to determine appropriate individual

21  family and support services, unless evaluations or assessments

22  are the responsibility of the Division of Children's Medical

23  Services in the Department of Health Prevention and

24  Intervention for children ages birth to 3 years eligible for

25  services under this chapter or part H of the Individuals with

26  Disabilities Education Act, such services and may include:

27         (a)  Individual evaluations or assessments necessary to

28  diagnose a developmental disability or high-risk condition and

29  to determine appropriate, individual family and support

30  services.

31  

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 1         (b)(a)  Early intervention services, including

 2  developmental training and specialized therapies. Early

 3  intervention services, which are the responsibility of the

 4  Division of Children's Medical Services Prevention and

 5  Intervention for children ages birth to 3 years who are

 6  eligible for services under this chapter or under part H of

 7  the Individuals with Disabilities Education Act, shall not be

 8  provided through the developmental services program unless

 9  funding is specifically appropriated to the developmental

10  services program for this purpose.

11         (c)(b)  Support services, such as respite care, parent

12  education and training, parent-to-parent counseling, homemaker

13  services, and other services which allow families to maintain

14  and provide quality care to children in their homes. The

15  Division of Children's Medical Services Prevention and

16  Intervention is responsible for the provision of services to

17  children from birth to 3 years who are eligible for services

18  under this chapter.

19         (4)  There is created at the developmental disabilities

20  services institution in Gainesville a research and education

21  unit. Such unit shall be named the Raymond C. Philips Research

22  and Education Unit. The functions of such unit shall include:

23         (a)  Research into the etiology of developmental

24  disabilities.

25         (b)  Ensuring that new knowledge is rapidly

26  disseminated throughout the developmental services program of

27  the agency.

28         (c)  Diagnosis of unusual conditions and syndromes

29  associated with developmental disabilities in clients

30  identified throughout the developmental disabilities services

31  programs.

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 1         (d)  Evaluation of families of clients with

 2  developmental disabilities of genetic origin in order to

 3  provide them with genetic counseling aimed at preventing the

 4  recurrence of the disorder in other family members.

 5         (e)  Ensuring that health professionals in the

 6  developmental disabilities services institution at Gainesville

 7  have access to information systems that will allow them to

 8  remain updated on newer knowledge and maintain their

 9  postgraduate education standards.

10         (f)  Enhancing staff training for professionals

11  throughout the agency in the areas of genetics and

12  developmental disabilities.

13         Section 8.  Section 393.0641, Florida Statutes, is

14  amended to read:

15         393.0641  Program for the prevention and treatment of

16  severe self-injurious behavior.--

17         (1)  Contingent upon specific appropriations, there is

18  created a diagnostic, treatment, training, and research

19  program for clients exhibiting severe self-injurious behavior.

20  As used in this section, the term "severe self-injurious

21  behavior" means any chronic behavior that results in injury to

22  the person's own body, including, but not limited to,

23  self-hitting, head banging, self-biting, scratching, and the

24  ingestion of harmful or potentially harmful nutritive or

25  nonnutritive substances.

26         (2)  The This program shall:

27         (a)  Serve as a resource center for information,

28  training, and program development.

29         (b)  Research the diagnosis and treatment of severe

30  self-injurious behavior, and related disorders, and develop

31  

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 1  methods of prevention and treatment of self-injurious

 2  behavior.

 3         (c)  Identify individuals in critical need.

 4         (d)  Develop treatment programs which are meaningful to

 5  individuals with developmental disabilities, in critical need,

 6  while safeguarding and respecting the legal and human rights

 7  of the individuals.

 8         (e)  Disseminate research findings on the prevention

 9  and treatment of severe self-injurious behavior.

10         (f)  Collect data on the type, severity, incidence, and

11  demographics of individuals with severe self-injurious

12  behavior, and disseminate the data.

13         (3)(2)  The This program shall adhere to the provisions

14  of s. 393.13.

15         (4)(3)  The agency may contract for the provision of

16  any portion or all of the services required by the program.

17         (5)(4)  The agency may has the authority to license

18  this program and shall adopt rules to administer implement the

19  program.

20         Section 9.  Subsections (1) and (4) of section 393.065,

21  Florida Statutes, are amended, and subsection (5) is added to

22  that section, to read:

23         393.065  Application and eligibility determination.--

24         (1)  Application for services shall be made in writing

25  to the agency, in the service area district in which the

26  applicant resides. Employees of the agency's developmental

27  services program shall review each applicant for eligibility

28  within 45 days after the date the application is signed for

29  children under 6 years of age and within 60 days after the

30  date the application is signed for all other applicants. When

31  necessary to definitively identify individual conditions or

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 1  needs, the agency shall provide a comprehensive assessment.

 2  Only applicants individuals whose domicile is in Florida are

 3  eligible for services. Information accumulated by other

 4  agencies, including professional reports and collateral data,

 5  shall be considered in this process when available.

 6         (4)  The agency shall assess the level of need and

 7  medical necessity for prospective residents of

 8  intermediate-care facilities for the developmentally disabled

 9  after October 1, 1999. The agency may enter into an agreement

10  with the Department of Elderly Affairs for its Comprehensive

11  Assessment and Review for Long-Term-Care Services (CARES)

12  program to conduct assessments to determine the level of need

13  and medical necessity for long-term-care services under this

14  chapter. To the extent permissible under federal law, the

15  assessments shall must be funded under Title XIX of the Social

16  Security Act.

17         (5)  The agency may adopt rules specifying application

18  procedures and eligibility criteria as needed to administer

19  this section.

20         Section 10.  Section 393.0651, Florida Statutes, is

21  amended to read:

22         393.0651  Family or individual support plan.--The

23  agency shall provide directly or contract for the development

24  of a an appropriate family support plan for children ages 3

25  birth to 18 years of age and an individual support plan for

26  each client. The parent or guardian of The client or, if

27  competent, the client's parent or guardian client, or, when

28  appropriate, the client advocate, shall be consulted in the

29  development of the plan and shall receive a copy of the plan.

30  Each plan must shall include the most appropriate, least

31  restrictive, and most cost-beneficial environment for

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 1  accomplishment of the objectives for client progress and a

 2  specification of all services authorized. The plan must shall

 3  include provisions for the most appropriate level of care for

 4  the client. Within the specification of needs and services for

 5  each client, when residential care is necessary, the agency

 6  shall move toward placement of clients in residential

 7  facilities based within the client's community. The ultimate

 8  goal of each plan, whenever possible, shall be to enable the

 9  client to live a dignified life in the least restrictive

10  setting, be that in the home or in the community. For children

11  under 6 years of age, the family support plan shall be

12  developed within the 45-day application period as specified in

13  s. 393.065(1); for all applicants 6 years of age or older, the

14  family or individual support plan shall be developed within

15  the 60-day period as specified in that subsection.

16         (1)  The agency shall develop and specify by rule the

17  core components of support plans to be used by each district.

18         (2)(a)  The family or individual support plan shall be

19  integrated with the individual education plan (IEP) for all

20  clients who are public school students entitled to a free

21  appropriate public education under the Individuals with

22  Disabilities Education Act, I.D.E.A., as amended. The family

23  or individual support plan and IEP shall be implemented to

24  maximize the attainment of educational and habilitation goals.

25         (a)  If the IEP for a student enrolled in a public

26  school program indicates placement in a public or private

27  residential program is necessary to provide special education

28  and related services to a client, the local education agency

29  shall provide for the costs of that service in accordance with

30  the requirements of the Individuals with Disabilities

31  Education Act, I.D.E.A., as amended. This shall not preclude

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 1  local education agencies and the agency from sharing the

 2  residential service costs of students who are clients and

 3  require residential placement. Under no circumstances shall

 4  clients entitled to a public education or their parents be

 5  assessed a fee by the agency under s. 402.33 for placement in

 6  a residential program.

 7         (b)  For clients who are entering or exiting the school

 8  system, an interdepartmental staffing team composed of

 9  representatives of the agency and the local school system

10  shall develop a written transitional living and training plan

11  with the participation of the client or with the parent or

12  guardian of the client, or the client advocate, as

13  appropriate.

14         (3)  Each family or individual support plan shall be

15  facilitated through case management designed solely to advance

16  the individual needs of the client.

17         (4)  In the development of the family or individual

18  support plan, a client advocate may be appointed by the

19  support planning team for a client who is a minor or for a

20  client who is not capable of express and informed consent

21  when:

22         (a)  The parent or guardian cannot be identified;

23         (b)  The whereabouts of the parent or guardian cannot

24  be discovered; or

25         (c)  The state is the only legal representative of the

26  client.

27  

28  Such appointment shall not be construed to extend the powers

29  of the client advocate to include any of those powers

30  delegated by law to a legal guardian.

31  

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 1         (5)  The agency shall place a client in the most

 2  appropriate and least restrictive, and cost-beneficial,

 3  residential facility according to his or her individual

 4  support habilitation plan. The parent or guardian of The

 5  client or, if competent, the client's parent or guardian

 6  client, or, when appropriate, the client advocate, and the

 7  administrator of the residential facility to which placement

 8  is proposed shall be consulted in determining the appropriate

 9  placement for the client. Considerations for placement shall

10  be made in the following order:

11         (a)  Client's own home or the home of a family member

12  or direct service provider.

13         (b)  Foster care facility.

14         (c)  Group home facility.

15         (d)  Intermediate care facility for the developmentally

16  disabled.

17         (e)  Other facilities licensed by the agency which

18  offer special programs for people with developmental

19  disabilities.

20         (f)  Developmental disabilities services institution.

21         (6)  In developing a client's annual family or

22  individual support plan, the individual or family with the

23  assistance of the support planning team shall identify

24  measurable objectives for client progress and shall specify a

25  time period expected for achievement of each objective.

26         (7)  The individual, family, and support coordinator

27  shall review progress in achieving the objectives specified in

28  each client's family or individual support plan, and shall

29  revise the plan annually, following consultation with the

30  client, if competent, or with the parent or guardian of the

31  client, or, when appropriate, the client advocate. The agency

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 1  or designated contractor shall annually report in writing to

 2  the client, if competent, or to the parent or guardian of the

 3  client, or to the client advocate, when appropriate, with

 4  respect to the client's habilitative and medical progress.

 5         (8)  Any client, or any parent of a minor client, or

 6  guardian, authorized guardian advocate, or client advocate for

 7  a client, who is substantially affected by the client's

 8  initial family or individual support plan, or the annual

 9  review thereof, shall have the right to file a notice to

10  challenge the decision pursuant to ss. 120.569 and 120.57.

11  Notice of such right to appeal shall be included in all

12  support plans provided by the agency.

13         Section 11.  Section 393.0654, Florida Statutes, is

14  created to read.

15         393.0654  Direct service providers; private sector

16  services.--It is not a violation of s. 112.313(7) for a direct

17  service provider who is employed by the agency to own,

18  operate, or work in a private facility that is a service

19  provider under contract with the agency if:

20         (1)  The employee does not have any role in the

21  agency's placement recommendations or the client's

22  decisionmaking process regarding placement;

23         (2)  The direct service provider's employment with the

24  agency does not compromise the ability of the client to make a

25  voluntary choice among private providers for services;

26         (3)  The employee's employment outside the agency does

27  not create a conflict with the employee's public duties and

28  does not impede the full and faithful discharge of the

29  employee's duties as assigned by the agency; and

30         (4)  The service provider discloses the dual employment

31  or ownership status to the agency and all clients within the

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 1  provider's care. The disclosure must be given to the agency,

 2  the client, and the client's guardian or guardian advocate, if

 3  appropriate.

 4         Section 12.  Section 393.0655, Florida Statutes, is

 5  amended to read:

 6         393.0655  Screening of direct service providers.--

 7         (1)  MINIMUM STANDARDS.--The agency shall require level

 8  2 employment screening pursuant to chapter 435 for direct

 9  service providers who are unrelated to their clients,

10  including support coordinators, and managers and supervisors

11  of residential facilities or comprehensive transitional

12  education programs licensed under this chapter s. 393.067 and

13  any other person, including volunteers, who provide care or

14  services, who have access to a client's living areas, or who

15  have access to a client's funds or personal property.

16  Background screening shall include employment history checks

17  as provided in s. 435.03(1) and local criminal records checks

18  through local law enforcement agencies.

19         (a)  A volunteer who assists on an intermittent basis

20  for less than 40 hours per month does not have to be screened

21  if the volunteer is under the direct and constant visual

22  supervision of persons who meet the screening requirements of

23  this section.

24         (b)  Licensed physicians, nurses, or other

25  professionals licensed and regulated by the Department of

26  Health are not subject to background screening pursuant to

27  this section if they are providing a service that is within

28  their scope of licensed practice.

29         (c)  A person selected by the family or the individual

30  with developmental disabilities and paid by the family or the

31  

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 1  individual to provide supports or services is not required to

 2  have a background screening under this section.

 3         (d)  Persons 12 years of age or older, including family

 4  members, residing with a the direct services provider who

 5  provides services to clients in his or her own place of

 6  residence, including family members, are subject to background

 7  screening; however, such persons who are 12 to 18 years of age

 8  shall be screened for delinquency records only.

 9         (e)  A direct service provider who is awaiting the

10  completion of background screening is temporarily exempt from

11  the screening requirements under this section if the provider

12  is under the direct and constant visual supervision of persons

13  who meet the screening requirements of this section. Such

14  exemption expires 90 days after the direct service provider

15  first provides care or services to clients, has access to a

16  client's living areas, or has access to a client's funds or

17  personal property.

18         (2)  EXEMPTIONS FROM DISQUALIFICATION.--The agency may

19  grant exemptions from disqualification from working with

20  children or adults with developmental disabilities only as

21  provided in s. 435.07.

22         (3)  PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE

23  CRIMINAL RECORDS CHECKS.--The costs of processing fingerprints

24  and the state criminal records checks shall be borne by the

25  employer or by the employee or individual who is being

26  screened.

27         (4)  TERMINATION EXCLUSION FROM OWNING, OPERATING, OR

28  BEING EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL

29  FACILITY; HEARINGS PROVIDED.--

30         (a)  The agency shall deny, suspend, terminate, or

31  revoke a license, certification, rate agreement, purchase

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 1  order, or contract, or pursue other remedies provided in s.

 2  393.0673, s. 393.0675, or s. 393.0678 in addition to or in

 3  lieu of denial, suspension, termination, or revocation for

 4  failure to comply with this section.

 5         (b)  When the agency has reasonable cause to believe

 6  that grounds for denial or termination of employment exist, it

 7  shall notify, in writing, the employer and the person direct

 8  service provider affected, stating the specific record that

 9  which indicates noncompliance with the standards in this

10  section.

11         (c)  The procedures established for hearing under

12  chapter 120 shall be available to the employer and the person

13  affected direct service provider in order to present evidence

14  relating either to the accuracy of the basis of exclusion or

15  to the denial of an exemption from disqualification.

16         (d)  Refusal on the part of an employer to dismiss a

17  manager, supervisor, or direct service provider who has been

18  found to be in noncompliance with standards of this section

19  shall result in automatic denial, termination, or revocation

20  of the license or, certification, rate agreement, purchase

21  order, or contract, in addition to any other remedies pursued

22  by the agency.

23         Section 13.  Section 393.0657, Florida Statutes, is

24  amended to read:

25         393.0657  Persons not required to be refingerprinted or

26  rescreened.--Any provision of law to the contrary

27  notwithstanding, Human resource personnel who have been

28  fingerprinted or screened pursuant to chapters 393, 394, 397,

29  402, and 409, and teachers who have been fingerprinted

30  pursuant to chapter 1012, who have not been unemployed for

31  more than 90 days thereafter, and who under the penalty of

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 1  perjury attest to the completion of such fingerprinting or

 2  screening and to compliance with the provisions of this

 3  section and the standards for good moral character as

 4  contained in such provisions as ss. 110.1127(3), 393.0655(1),

 5  394.457(6), 397.451, 402.305(2), and 409.175(6), shall not be

 6  required to be refingerprinted or rescreened in order to

 7  comply with the any direct service provider screening or

 8  fingerprinting requirements of this chapter.

 9         Section 14.  Section 393.066, Florida Statutes, is

10  amended to read:

11         393.066  Community services and treatment for persons

12  who are developmentally disabled.--

13         (1)  The agency shall plan, develop, organize, and

14  implement its programs of services and treatment for persons

15  with developmental disabilities who are developmentally

16  disabled to allow clients to live as independently as possible

17  in their own homes or communities and to achieve productive

18  lives as close to normal as possible. All elements of

19  community-based services shall be made available, and

20  eligibility for these services shall be consistent across the

21  state. In addition, all purchased services shall be approved

22  by the agency.

23         (2)  All services needed shall be purchased instead of

24  provided directly by the agency, when such arrangement is more

25  cost-efficient than having those services provided directly.

26  All purchased services must be approved by the agency.

27         (3)  Community-based services that are medically

28  necessary to prevent institutionalization shall, to the extent

29  of available resources, include:

30         (a)  Day habilitation services, including developmental

31  training services.

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 1         (b)  Family care services.

 2         (c)  Guardian advocate referral services.

 3         (d)  Medical/dental services, except that medical

 4  services shall not be provided to clients with spina bifida

 5  except as specifically appropriated by the Legislature.

 6         (e)  Parent training.

 7         (f)  Recreation.

 8         (g)  Residential facility services.

 9         (h)  Respite services.

10         (i)  Social services.

11         (j)  Specialized therapies.

12         (k)  Supported employment, including enclave, job

13  coach, mobile work crew, and follow-along services.

14         (l)  Supported living.

15         (m)  Training, including behavioral-analysis services

16  behavioral programming.

17         (n)  Transportation.

18         (o)  Other habilitative and rehabilitative services as

19  needed.

20         (4)  The agency shall utilize the services of private

21  businesses, not-for-profit organizations, and units of local

22  government whenever such services are more cost-efficient than

23  such services provided directly by the department, including

24  arrangements for provision of residential facilities.

25         (5)  In order to improve the potential for utilization

26  of more cost-effective, community-based residential

27  facilities, the agency shall promote the statewide development

28  of day habilitation services for clients who live with a

29  direct service provider in a community-based residential

30  facility and who do not require 24-hour-a-day care in a

31  hospital or other health care institution, but who may, in the

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 1  absence of day habilitation services, require admission to a

 2  developmental disabilities institution. Each day service

 3  facility shall provide a protective physical environment for

 4  clients, ensure that direct service providers meet minimum

 5  screening standards as required in s. 393.0655, make available

 6  to all day habilitation service participants at least one meal

 7  on each day of operation, provide facilities to enable

 8  participants to obtain needed rest while attending the

 9  program, as appropriate, and provide social and educational

10  activities designed to stimulate interest and provide

11  socialization skills.

12         (6)  To promote independence and productivity, the

13  agency shall provide supports and services, within available

14  resources, to assist clients enrolled in Medicaid waivers who

15  choose to pursue gainful employment.

16         (7)  For the purpose of making needed community-based

17  residential facilities available at the least possible cost to

18  the state, the agency is authorized to lease privately owned

19  residential facilities under long-term rental agreements, if

20  such rental agreements are projected to be less costly to the

21  state over the useful life of the facility than state purchase

22  or state construction of such a facility.

23         (8)  The agency may adopt rules governing the

24  availability and purchase of services that are to ensure

25  compliance with federal laws or regulations that apply to

26  services provided pursuant to this section.

27         Section 15.  Section 393.067, Florida Statutes, is

28  amended to read:

29         393.067  Facility licensure of residential facilities

30  and comprehensive transitional education programs.--

31  

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 1         (1)  The agency shall provide through its licensing

 2  authority and by rule license-application procedures, a system

 3  of provider qualifications, facility and client-care

 4  standards, requirements for client records, requirements for

 5  staff qualifications and training criteria for meeting

 6  standards, and requirements for monitoring foster care for

 7  residential facilities, group home facilities, residential

 8  habilitation centers, and comprehensive transitional education

 9  programs that serve agency clients. Receipt of a license under

10  this section does not create a property right in the

11  recipient. A license issued under this chapter is a public

12  trust and a privilege, and is not an entitlement. This

13  privilege must guide the finder of fact or trier of law at any

14  administrative proceeding or court action initiated by the

15  agency.

16         (2)  The agency shall conduct annual inspections and

17  reviews of residential facilities and comprehensive

18  transitional education programs licensed under this section

19  annually.

20         (3)  An application for a license under this section

21  must for a residential facility or a comprehensive

22  transitional education program shall be made to the agency on

23  a form furnished by it and shall be accompanied by the

24  appropriate license fee.

25         (4)  The application shall be under oath and shall

26  contain the following:

27         (a)  The name and address of the applicant, if an

28  applicant is an individual; if the applicant is a firm,

29  partnership, or association, the name and address of each

30  member thereof; if the applicant is a corporation, its name

31  and address and the name and address of each director and each

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 1  officer thereof; and the name by which the facility or program

 2  is to be known.

 3         (b)  The location of the facility or program for which

 4  a license is sought.

 5         (c)  The name of the person or persons under whose

 6  management or supervision the facility or program will be

 7  conducted.

 8         (d)  The number and type of residents or clients for

 9  which maintenance, care, education, or treatment is to be

10  provided by the facility or program.

11         (e)  The number and location of the component centers

12  or units which will compose the comprehensive transitional

13  education program.

14         (f)  A description of the types of services and

15  treatment to be provided by the facility or program.

16         (g)  Information relating to the number, experience,

17  and training of the employees of the facility or program.

18         (h)  Certification that the staff of the facility or

19  program will receive training to detect and prevent sexual

20  abuse of residents and clients.

21         (i)  Such other information as the agency determines is

22  necessary to carry out the provisions of this chapter.

23         (5)  The applicant shall submit evidence which

24  establishes the good moral character of the manager or

25  supervisor of the facility or program and the direct service

26  providers in the facility or program and its component centers

27  or units. A license may be issued if all the screening

28  materials have been timely submitted; however, a license may

29  not be issued or renewed if any of the direct service

30  providers have failed the screening required by s. 393.0655.

31  

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 1         (a)1.  A licensed residential facility or comprehensive

 2  transitional education program which applies for renewal of

 3  its license shall submit to the agency a list of direct

 4  service providers who have worked on a continuous basis at the

 5  applicant facility or program since submitting fingerprints to

 6  the agency or the Department of Children and Family Services,

 7  identifying those direct service providers for whom a written

 8  assurance of compliance was provided by the agency or

 9  department and identifying those direct service providers who

10  have recently begun working at the facility or program and are

11  awaiting the results of the required fingerprint check along

12  with the date of the submission of those fingerprints for

13  processing. The agency shall by rule determine the frequency

14  of requests to the Department of Law Enforcement to run state

15  criminal records checks for such direct service providers

16  except for those direct service providers awaiting the results

17  of initial fingerprint checks for employment at the applicant

18  facility or program. The agency shall review the records of

19  the direct service providers at the applicant facility or

20  program with respect to the crimes specified in s. 393.0655

21  and shall notify the facility or program of its findings. When

22  disposition information is missing on a criminal record, it is

23  the responsibility of the person being screened, upon request

24  of the agency, to obtain and supply within 30 days the missing

25  disposition information to the agency. Failure to supply the

26  missing information within 30 days or to show reasonable

27  efforts to obtain such information shall result in automatic

28  disqualification.

29         2.  The applicant shall sign an affidavit under penalty

30  of perjury stating that all new direct service providers have

31  been fingerprinted and that the facility's or program's

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 1  remaining direct service providers have worked at the

 2  applicant facility or program on a continuous basis since

 3  being initially screened at that facility or program or have a

 4  written assurance of compliance from the agency or department.

 5         (5)(b)  As a prerequisite for issuance of an the

 6  initial or renewal license, the applicant, manager,

 7  supervisor, and all staff members of the direct service

 8  provider of a facility or program licensed under this section

 9  must submit to background screening as required under s.

10  393.0655. A license may not be issued or renewed if the

11  applicant and any of the managers, supervisors, or direct

12  service providers have failed background screenings as

13  required under s. 393.0655. The agency shall determine by rule

14  the frequency of background screening. The applicant shall

15  submit with each initial or renewal application a signed

16  affidavit under penalty of perjury stating that the applicant

17  is in compliance with all requirements for background

18  screening. to a residential facility or comprehensive

19  transitional education program:

20         1.  The applicant shall submit to the agency a complete

21  set of fingerprints, taken by an authorized law enforcement

22  agency or an employee of the agency who is trained to take

23  fingerprints, for the manager, supervisor, or direct service

24  providers of the facility or program;

25         2.  The agency shall submit the fingerprints to the

26  Department of Law Enforcement for state processing and for

27  federal processing by the Federal Bureau of Investigation; and

28         3.  The agency shall review the record of the manager

29  or supervisor with respect to the crimes specified in s.

30  393.0655(1) and shall notify the applicant of its findings.

31  When disposition information is missing on a criminal record,

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 1  it is the responsibility of the manager or supervisor, upon

 2  request of the agency, to obtain and supply within 30 days the

 3  missing disposition information to the agency. Failure to

 4  supply the missing information within 30 days or to show

 5  reasonable efforts to obtain such information shall result in

 6  automatic disqualification.

 7         (c)  The agency or a residential facility or

 8  comprehensive transitional education program may not use the

 9  criminal records or juvenile records of a person obtained

10  under this subsection for any purpose other than determining

11  if that person meets the minimum standards for good moral

12  character for a manager or supervisor of, or direct service

13  provider in, such a facility or program. The criminal records

14  or juvenile records obtained by the agency or a residential

15  facility or comprehensive transitional education program for

16  determining the moral character of a manager, supervisor, or

17  direct service provider are exempt from s. 119.07(1).

18         (6)  Each applicant for licensure as an intermediate

19  care facility for the developmentally disabled must comply

20  with the following requirements:

21         (a)  Upon receipt of a completed, signed, and dated

22  application, the agency shall require background screening, in

23  accordance with the level 2 standards for screening set forth

24  in chapter 435, of the managing employee, or other similarly

25  titled individual who is responsible for the daily operation

26  of the facility, and of the financial officer, or other

27  similarly titled individual who is responsible for the

28  financial operation of the center, including billings for

29  resident care and services.  The applicant must comply with

30  the procedures for level 2 background screening as set forth

31  in chapter 435, as well as the requirements of s. 435.03(3).

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 1         (b)  The agency may require background screening of any

 2  other individual who is an applicant if the agency has

 3  probable cause to believe that he or she has been convicted of

 4  a crime or has committed any other offense prohibited under

 5  the level 2 standards for screening set forth in chapter 435.

 6         (c)  Proof of compliance with the level 2 background

 7  screening requirements of chapter 435 which has been submitted

 8  within the previous 5 years in compliance with any other

 9  health care licensure requirements of this state is acceptable

10  in fulfillment of the requirements of paragraph (a).

11         (d)  A provisional license may be granted to an

12  applicant when each individual required by this section to

13  undergo background screening has met the standards for the

14  Department of Law Enforcement background check, but the agency

15  has not yet received background screening results from the

16  Federal Bureau of Investigation, or a request for a

17  disqualification exemption has been submitted to the agency as

18  set forth in chapter 435, but a response has not yet been

19  issued. A standard license may be granted to the applicant

20  upon the agency's receipt of a report of the results of the

21  Federal Bureau of Investigation background screening for each

22  individual required by this section to undergo background

23  screening which confirms that all standards have been met, or

24  upon the granting of a disqualification exemption by the

25  agency as set forth in chapter 435. Any other person who is

26  required to undergo level 2 background screening may serve in

27  his or her capacity pending the agency's receipt of the report

28  from the Federal Bureau of Investigation. However, the person

29  may not continue to serve if the report indicates any

30  violation of background screening standards and a

31  

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 1  disqualification exemption has not been requested of and

 2  granted by the agency as set forth in chapter 435.

 3         (e)  Each applicant must submit to the agency, with its

 4  application, a description and explanation of any exclusions,

 5  permanent suspensions, or terminations of the applicant from

 6  the Medicare or Medicaid programs. Proof of compliance with

 7  the requirements for disclosure of ownership and control

 8  interests under the Medicaid or Medicare programs shall be

 9  accepted in lieu of this submission.

10         (f)  Each applicant must submit to the agency a

11  description and explanation of any conviction of an offense

12  prohibited under the level 2 standards of chapter 435 by a

13  member of the board of directors of the applicant, its

14  officers, or any individual owning 5 percent or more of the

15  applicant. This requirement does not apply to a director of a

16  not-for-profit corporation or organization if the director

17  serves solely in a voluntary capacity for the corporation or

18  organization, does not regularly take part in the day-to-day

19  operational decisions of the corporation or organization,

20  receives no remuneration for his or her services on the

21  corporation or organization's board of directors, and has no

22  financial interest and has no family members with a financial

23  interest in the corporation or organization, provided that the

24  director and the not-for-profit corporation or organization

25  include in the application a statement affirming that the

26  director's relationship to the corporation satisfies the

27  requirements of this paragraph.

28         (g)  A license may not be granted to an applicant if

29  the applicant or managing employee has been found guilty of,

30  regardless of adjudication, or has entered a plea of nolo

31  contendere or guilty to, any offense prohibited under the

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 1  level 2 standards for screening set forth in chapter 435,

 2  unless an exemption from disqualification has been granted by

 3  the agency as set forth in chapter 435.

 4         (h)  The agency may deny or revoke licensure if the

 5  applicant:

 6         1.  Has falsely represented a material fact in the

 7  application required by paragraph (e) or paragraph (f), or has

 8  omitted any material fact from the application required by

 9  paragraph (e) or paragraph (f); or

10         2.  Has had prior action taken against the applicant

11  under the Medicaid or Medicare program as set forth in

12  paragraph (e).

13         (i)  An application for license renewal must contain

14  the information required under paragraphs (e) and (f).

15         (6)(7)  The applicant shall furnish satisfactory proof

16  of financial ability to operate and conduct the facility or

17  program in accordance with the requirements of this chapter

18  and all rules promulgated hereunder.

19         (7)(8)  The agency shall adopt rules establishing

20  minimum standards for licensure of residential facilities and

21  comprehensive transitional education programs licensed under

22  this section, including rules requiring facilities and

23  programs to train staff to detect and prevent sexual abuse of

24  residents and clients, minimum standards of quality and

25  adequacy of client care, incident-reporting requirements, and

26  uniform firesafety standards established by the State Fire

27  Marshal which are appropriate to the size of the facility or

28  of the component centers or units of the program.

29         (8)(9)  The agency and the Agency for Health Care

30  Administration, after consultation with the Department of

31  Community Affairs, shall adopt rules for foster care

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 1  residential facilities, group home facilities, and residential

 2  habilitation centers which establish under the respective

 3  regulatory jurisdiction of each establishing minimum standards

 4  for the preparation and annual update of a comprehensive

 5  emergency management plan. At a minimum, the rules must

 6  provide for plan components that address emergency evacuation

 7  transportation; adequate sheltering arrangements; postdisaster

 8  activities, including emergency power, food, and water;

 9  postdisaster transportation; supplies; staffing; emergency

10  equipment; individual identification of residents and transfer

11  of records; and responding to family inquiries. The

12  comprehensive emergency management plan for all comprehensive

13  transitional education programs and for homes serving

14  individuals who have complex medical conditions is subject to

15  review and approval by the local emergency management agency.

16  During its review, the local emergency management agency shall

17  ensure that the agency and the Department of Community Affairs

18  following agencies, at a minimum, are given the opportunity to

19  review the plan: the Agency for Health Care Administration,

20  the Agency for Persons with Disabilities, and the Department

21  of Community Affairs. Also, appropriate volunteer

22  organizations must be given the opportunity to review the

23  plan. The local emergency management agency shall complete its

24  review within 60 days and either approve the plan or advise

25  the facility of necessary revisions.

26         (9)(10)  The agency may conduct unannounced inspections

27  to determine compliance by foster care residential facilities,

28  group home facilities, residential habilitation centers, and

29  comprehensive transitional education programs with the

30  applicable provisions of this chapter and the rules adopted

31  pursuant hereto, including the rules adopted for training

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 1  staff of a facility or a program to detect and prevent sexual

 2  abuse of residents and clients. The facility or program shall

 3  make copies of inspection reports available to the public upon

 4  request.

 5         (11)  An alternative living center and an independent

 6  living education center, as defined in s. 393.063, shall be

 7  subject to the provisions of s. 419.001, except that such

 8  centers shall be exempt from the 1,000-foot-radius requirement

 9  of s. 419.001(2) if:

10         (a)  Such centers are located on a site zoned in a

11  manner so that all the component centers of a comprehensive

12  transition education center may be located thereon; or

13         (b)  There are no more than three such centers within

14  said radius of 1,000 feet.

15         (10)(12)  Each residential facility or comprehensive

16  transitional education program licensed under this section by

17  the agency shall forward annually to the agency a true and

18  accurate sworn statement of its costs of providing care to

19  clients funded by the agency.

20         (11)(13)  The agency may audit the records of any

21  residential facility or comprehensive transitional education

22  program that it has reason to believe may not be in full

23  compliance with the provisions of this section; provided that,

24  any financial audit of such facility or program shall be

25  limited to the records of clients funded by the agency.

26         (12)(14)  The agency shall establish, for the purpose

27  of control of licensure costs, a uniform management

28  information system and a uniform reporting system with uniform

29  definitions and reporting categories.

30  

31  

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 1         (13)(15)  Facilities and programs licensed pursuant to

 2  this section shall adhere to all rights specified in s.

 3  393.13, including those enumerated in s. 393.13(4).

 4         (14)(16)  An No unlicensed residential facility or

 5  comprehensive transitional education program may not shall

 6  receive state funds.  A license for the operation of a

 7  facility or program shall not be renewed if the licensee has

 8  any outstanding fines assessed pursuant to this chapter

 9  wherein final adjudication of such fines has been entered.

10         (15)(17)  The agency shall not be required to contract

11  with new facilities licensed after October 1, 1989, pursuant

12  to this chapter. Pursuant to chapter 287, the agency shall

13  continue to contract within available resources for

14  residential services with facilities licensed prior to October

15  1, 1989, if such facilities comply with the provisions of this

16  chapter and all other applicable laws and regulations.

17         Section 16.  Subsections (1) and (2) of section

18  393.0673, Florida Statutes, are amended, and subsection (5) is

19  added to that section, to read:

20         393.0673  Denial, suspension, revocation of license;

21  moratorium on admissions; administrative fines; procedures.--

22         (1)  The agency may deny, revoke, or suspend a license

23  or impose an administrative fine, not to exceed $1,000 per

24  violation per day, for a violation of any provision of s.

25  393.0655 or s. 393.067 or adopted rules adopted pursuant

26  thereto. All hearings shall be held within the county in which

27  the licensee or applicant operates or applies for a license to

28  operate a facility as defined herein.

29         (2)  The agency, as a part of any final order issued by

30  it pursuant to under the provisions of this chapter, may

31  impose such fine as it deems proper, except that such fine may

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 1  not exceed $1,000 for each violation.  Each day a violation of

 2  this chapter occurs constitutes a separate violation and is

 3  subject to a separate fine, but in no event may the aggregate

 4  amount of any fine exceed $10,000. Fines paid by any facility

 5  licensee under the provisions of this subsection shall be

 6  deposited in the Resident Protection Trust Fund and expended

 7  as provided in s. 400.063.

 8         (5)  The agency shall establish by rule criteria for

 9  evaluating the severity of violations and for determining the

10  amount of fines imposed.

11         Section 17.  Subsection (1) of section 393.0674,

12  Florida Statutes, is amended to read:

13         393.0674  Penalties.--

14         (1)  It is a misdemeanor of the first degree,

15  punishable as provided in s. 775.082 or s. 775.083, for any

16  person willfully, knowingly, or intentionally to:

17         (a)  Fail, by false statement, misrepresentation,

18  impersonation, or other fraudulent means, to disclose in any

19  application for voluntary or paid employment a material fact

20  used in making a determination as to such person's

21  qualifications to be a direct service provider;

22         (b)  Provide or attempt to provide supports or services

23  with direct service providers who are not in compliance

24  noncompliance with the background-screening requirements

25  minimum standards for good moral character as contained in

26  this chapter; or

27         (c)  Use information from the criminal records or

28  central abuse hotline obtained under s. 393.0655, s. 393.066,

29  or s. 393.067 for any purpose other than screening that person

30  for employment as specified in those sections or release such

31  

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 1  information to any other person for any purpose other than

 2  screening for employment as specified in those sections.

 3         Section 18.  Subsection (3) of section 393.0675,

 4  Florida Statutes, is amended to read:

 5         393.0675  Injunctive proceedings authorized.--

 6         (3)  The agency may institute proceedings for an

 7  injunction in a court of competent jurisdiction to terminate

 8  the operation of a provider of supports or services if such

 9  provider has willfully and knowingly refused to comply with

10  the screening requirement for direct service providers or has

11  refused to terminate direct service providers found not to be

12  in compliance with such the requirements for good moral

13  character.

14         Section 19.  Subsections (1) and (11) of section

15  393.0678, Florida Statutes, are amended to read:

16         393.0678  Receivership proceedings.--

17         (1)  The agency may petition a court of competent

18  jurisdiction for the appointment of a receiver for an

19  intermediate care facility for the developmentally disabled, a

20  residential habilitation center, or a group home facility

21  owned and operated by a corporation or partnership when any of

22  the following conditions exist:

23         (a)  Any person is operating a facility without a

24  license and refuses to make application for a license as

25  required by s. 393.067 or, in the case of an intermediate care

26  facility for the developmentally disabled, as required by ss.

27  393.067 and 400.062.

28         (b)  The licensee is closing the facility or has

29  informed the department that it intends to close the facility;

30  and adequate arrangements have not been made for relocation of

31  

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 1  the residents within 7 days, exclusive of weekends and

 2  holidays, of the closing of the facility.

 3         (c)  The agency determines that conditions exist in the

 4  facility which present an imminent danger to the health,

 5  safety, or welfare of the residents of the facility or which

 6  present a substantial probability that death or serious

 7  physical harm would result therefrom.  Whenever possible, the

 8  agency shall facilitate the continued operation of the

 9  program.

10         (d)  The licensee cannot meet its financial obligations

11  to provide food, shelter, care, and utilities. Evidence such

12  as the issuance of bad checks or the accumulation of

13  delinquent bills for such items as personnel salaries, food,

14  drugs, or utilities constitutes prima facie evidence that the

15  ownership of the facility lacks the financial ability to

16  operate the home in accordance with the requirements of this

17  chapter and all rules promulgated thereunder.

18         (11)  Nothing in this section shall be deemed to

19  relieve any owner, operator, or employee of a facility placed

20  in receivership of any civil or criminal liability incurred,

21  or any duty imposed by law, by reason of acts or omissions of

22  the owner, operator, or employee before the appointment of a

23  receiver; nor shall anything contained in this section be

24  construed to suspend during the receivership any obligation of

25  the owner, operator, or employee for payment of taxes or other

26  operating and maintenance expenses of the facility or any

27  obligation of the owner, operator, or employee or any other

28  person for the payment of mortgages or liens.  The owner shall

29  retain the right to sell or mortgage any facility under

30  receivership, subject to the approval of the court which

31  ordered the receivership. A receivership imposed under the

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 1  provisions of this chapter shall be subject to the Resident

 2  Protection Trust Fund pursuant to s. 400.063.  The owner of a

 3  facility placed in receivership by the court shall be liable

 4  for all expenses and costs incurred by the Resident Protection

 5  Trust Fund which occur as a result of the receivership.

 6         Section 20.  Subsections (1), (3), and (5) of section

 7  393.068, Florida Statutes, are amended to read:

 8         393.068  Family care program.--

 9         (1)  The family care program is established for the

10  purpose of providing services and support to families and

11  individuals with developmental disabilities in order to

12  maintain the individual in the home environment and avoid

13  costly out-of-home residential placement. Services and support

14  available to families and individuals with developmental

15  disabilities shall emphasize community living and

16  self-determination and enable individuals with developmental

17  disabilities to enjoy typical lifestyles. One way to

18  accomplish this is to recognize that families are the greatest

19  resource available to individuals who have developmental

20  disabilities and must be supported in their role as primary

21  care givers.

22         (3)  When it is determined by the agency to be more

23  cost-effective and in the best interest of the client to

24  maintain such client in the home of a direct service provider,

25  the parent or guardian of the client or, if competent, the

26  client may enroll the client in the family care program. The

27  direct service provider of a client enrolled in the family

28  care program shall be reimbursed according to a rate schedule

29  set by the agency, except that. in-home subsidies cited in

30  paragraph (2)(d) shall be provided in accordance with

31  

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 1  according to s. 393.0695 and are not subject to any other

 2  payment method or rate schedule provided for in this section.

 3         (5)  The agency may contract for the provision of any

 4  portion of the services required by the program, except for

 5  in-home subsidies cited in paragraph (2)(d), which shall be

 6  provided pursuant to s. 393.0695. Otherwise, purchase of

 7  service contracts shall be used whenever the services so

 8  provided are more cost-efficient than those provided by the

 9  agency.

10         Section 21.  Subsection (3) of section 393.0695,

11  Florida Statutes, is amended, and subsection (5) is added to

12  that section, to read:

13         393.0695  Provision of in-home subsidies.--

14         (3)  In-home subsidies must be based on an individual

15  determination of need and must not exceed maximum amounts set

16  by the agency and reassessed by the agency quarterly annually.

17         (5)  The agency shall adopt rules to administer this

18  section, including standards and procedures governing

19  eligibility for services, selection of housing, selection of

20  providers, and planning for services, and requirements for

21  ongoing monitoring.

22         Section 22.  Subsection (2) of section 393.075, Florida

23  Statutes, is amended to read:

24         393.075  General liability coverage.--

25         (2)  The Division of Risk Management of the Department

26  of Financial Services shall provide coverage through the

27  agency to any person who owns or operates a foster care

28  facility or group home facility solely for the agency, who

29  cares for children placed by developmental services staff of

30  the agency, and who is licensed pursuant to s. 393.067 to

31  provide such supervision and care in his or her place of

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 1  residence. The coverage shall be provided from the general

 2  liability account of the State Risk Management Trust Fund.

 3  The coverage is limited to general liability claims arising

 4  from the provision of supervision and care of children in a

 5  foster care facility or group home facility pursuant to an

 6  agreement with the agency and pursuant to guidelines

 7  established through policy, rule, or statute. Coverage shall

 8  be subject to the limits provided in ss. 284.38 and 284.385,

 9  and the exclusions set forth therein, together with other

10  exclusions as may be set forth in the certificate of coverage

11  issued by the trust fund. A person covered under the general

12  liability account pursuant to this subsection shall

13  immediately notify the Division of Risk Management of the

14  Department of Financial Services of any potential or actual

15  claim.

16         Section 23.  Section 393.11, Florida Statutes, is

17  amended to read:

18         393.11  Involuntary admission to residential

19  services.--

20         (1)  JURISDICTION.--When a person who has been

21  determined eligible for services by the agency is mentally

22  retarded and requires involuntary admission to residential

23  services provided by the agency, the circuit court of the

24  county in which the person resides shall have jurisdiction to

25  conduct a hearing and enter an order involuntarily admitting

26  the person in order that the person may receive the care,

27  treatment, habilitation, and rehabilitation which the person

28  needs. For the purpose of identifying mental retardation,

29  diagnostic capability shall be established by the agency. The

30  involuntary commitment of a person with mental retardation or

31  autism who is charged with a felony offense shall be

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 1  determined in accordance with s. 916.302. Except as otherwise

 2  specified, the proceedings under this section shall be

 3  governed by the Florida Rules of Civil Procedure.

 4         (2)  PETITION.--

 5         (a)  A petition for involuntary admission to

 6  residential services may be executed by a petitioning

 7  commission. For proposed involuntary admission to residential

 8  services arising out of chapter 916, the petition may be filed

 9  by a petitioning commission, the agency, the state attorney of

10  the circuit from which the defendant was committed, or the

11  defendant's attorney.

12         (b)  The petitioning commission shall consist of three

13  persons.  One of these persons shall be a physician licensed

14  and practicing under chapter 458 or chapter 459.

15         (c)  The petition shall be verified and shall:

16         1.  State the name, age, and present address of the

17  commissioners and their relationship to the person with mental

18  retardation or autism;

19         2.  State the name, age, county of residence, and

20  present address of the person with mental retardation or

21  autism;

22         3.  Allege that the commission believes that the person

23  needs involuntary residential services and specify the factual

24  information on which such belief is based;

25         4.  Allege that the person lacks sufficient capacity to

26  give express and informed consent to a voluntary application

27  for services and lacks the basic survival and self-care skills

28  to provide for the person's well-being or is likely to

29  physically injure others if allowed to remain at liberty; and

30  

31  

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 1         5.  State which residential setting is the least

 2  restrictive and most appropriate alternative and specify the

 3  factual information on which such belief is based.

 4         (d)  The petition shall be filed in the circuit court

 5  of the county in which the person with mental retardation or

 6  autism resides.

 7         (3)  NOTICE.--

 8         (a)  Notice of the filing of the petition shall be

 9  given to the individual and his or her legal guardian.  The

10  notice shall be given both verbally and in writing in the

11  language of the client, or in other modes of communication of

12  the client, and in English. Notice shall also be given to such

13  other persons as the court may direct.  The petition for

14  involuntary admission to residential services shall be served

15  with the notice.

16         (b)  Whenever a motion or petition has been filed

17  pursuant to s. 916.303 to dismiss criminal charges against a

18  defendant with mental retardation or autism, and a petition is

19  filed to involuntarily admit the defendant to residential

20  services under this section, the notice of the filing of the

21  petition shall also be given to the defendant's attorney and

22  to the state attorney of the circuit from which the defendant

23  was committed.

24         (c)  The notice shall state that a hearing shall be set

25  to inquire into the need of the person with mental retardation

26  or autism for involuntary residential services.  The notice

27  shall also state the date of the hearing on the petition.

28         (d)  The notice shall state that the individual with

29  mental retardation or autism has the right to be represented

30  by counsel of his or her own choice and that, if the person

31  cannot afford an attorney, the court shall appoint one.

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 1         (4)  AGENCY DEVELOPMENTAL SERVICES PARTICIPATION.--

 2         (a)  Upon receiving the petition, the court shall

 3  immediately order the developmental services program of the

 4  agency to examine the person being considered for involuntary

 5  admission to residential services.

 6         (b)  Following examination, the agency shall file After

 7  the developmental services program examines the person, a

 8  written report shall be filed with the court not less than 10

 9  working days before the date of the hearing. The report must

10  shall be served on the petitioner, the person with mental

11  retardation, and the person's attorney at the time the report

12  is filed with the court.

13         (c)  The report must shall contain the findings of the

14  agency's developmental services program evaluation and any

15  recommendations deemed appropriate.

16         (5)  EXAMINING COMMITTEE.--

17         (a)  Upon receiving the petition, the court shall

18  immediately appoint an examining committee to examine the

19  person being considered for involuntary admission to

20  residential services of the developmental services program of

21  the agency.

22         (b)  The court shall appoint no fewer than three

23  disinterested experts who have demonstrated to the court an

24  expertise in the diagnosis, evaluation, and treatment of

25  persons with mental retardation.  The committee shall include

26  at least one licensed and qualified physician, one licensed

27  and qualified psychologist, and one qualified professional

28  with a minimum of a masters degree in social work, special

29  education, or vocational rehabilitation counseling, to examine

30  the person and to testify at the hearing on the involuntary

31  admission to residential services.

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 1         (c)  Counsel for the person who is being considered for

 2  involuntary admission to residential services and counsel for

 3  the petition commission shall have the right to challenge the

 4  qualifications of those appointed to the examining committee.

 5         (d)  Members of the committee shall not be employees of

 6  the agency or be associated with each other in practice or in

 7  employer-employee relationships.  Members of the committee

 8  shall not have served as members of the petitioning

 9  commission.  Members of the committee shall not be employees

10  of the members of the petitioning commission or be associated

11  in practice with members of the commission.

12         (e)  The committee shall prepare a written report for

13  the court.  The report shall explicitly document the extent

14  that the person meets the criteria for involuntary admission.

15  The report, and expert testimony, shall include, but not be

16  limited to:

17         1.  The degree of the person's mental retardation;

18         2.  Whether, because of the person's degree of mental

19  retardation, the person:

20         a.  Lacks sufficient capacity to give express and

21  informed consent to a voluntary application for services

22  pursuant to s. 393.065;

23         b.  Lacks basic survival and self-care skills to such a

24  degree that close supervision and habilitation in a

25  residential setting is necessary and if not provided would

26  result in a real and present threat of substantial harm to the

27  person's well-being; or

28         c.  Is likely to physically injure others if allowed to

29  remain at liberty.

30         3.  The purpose to be served by residential care;

31  

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 1         4.  A recommendation on the type of residential

 2  placement which would be the most appropriate and least

 3  restrictive for the person; and

 4         5.  The appropriate care, habilitation, and treatment.

 5         (f)  The committee shall file the report with the court

 6  not less than 10 working days before the date of the hearing.

 7  The report shall be served on the petitioner, the person with

 8  mental retardation, and the person's attorney at the time the

 9  report is filed with the court.

10         (g)  Members of the examining committee shall receive a

11  reasonable fee to be determined by the court.  The fees are to

12  be paid from the general revenue fund of the county in which

13  the person with mental retardation resided when the petition

14  was filed.

15         (h)  The agency shall develop and prescribe by rule one

16  or more standard forms to be used as a guide for members of

17  the examining committee.

18         (6)  COUNSEL; GUARDIAN AD LITEM.--

19         (a)  The person with mental retardation shall be

20  represented by counsel at all stages of the judicial

21  proceeding. In the event the person is indigent and cannot

22  afford counsel, the court shall appoint a public defender not

23  less than 20 working days before the scheduled hearing.  The

24  person's counsel shall have full access to the records of the

25  service provider and the agency.  In all cases, the attorney

26  shall represent the rights and legal interests of the person

27  with mental retardation, regardless of who may initiate the

28  proceedings or pay the attorney's fee.

29         (b)  If the attorney, during the course of his or her

30  representation, reasonably believes that the person with

31  mental retardation cannot adequately act in his or her own

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 1  interest, the attorney may seek the appointment of a guardian

 2  ad litem.  A prior finding of incompetency is not required

 3  before a guardian ad litem is appointed pursuant to this

 4  section.

 5         (7)  HEARING.--

 6         (a)  The hearing for involuntary admission shall be

 7  conducted, and the order shall be entered, in the county in

 8  which the petition is filed person is residing or be as

 9  convenient to the person as may be consistent with orderly

10  procedure. The hearing shall be conducted in a physical

11  setting not likely to be injurious to the person's condition.

12         (b)  A hearing on the petition shall be held as soon as

13  practicable after the petition is filed, but reasonable delay

14  for the purpose of investigation, discovery, or procuring

15  counsel or witnesses shall be granted.

16         (c)  The court may appoint a general or special

17  magistrate to preside. Except as otherwise specified, the

18  magistrate's proceeding shall be governed by the rule 1.490,

19  Florida Rules of Civil Procedure.

20         (d)  The person with mental retardation shall be

21  physically present throughout the entire proceeding.  If the

22  person's attorney believes that the person's presence at the

23  hearing is not in the person's best interest, the person's

24  presence may be waived once the court has seen the person and

25  the hearing has commenced.

26         (e)  The person shall have the right to present

27  evidence and to cross-examine all witnesses and other evidence

28  alleging the appropriateness of the person's admission to

29  residential care. Other relevant and material evidence

30  regarding the appropriateness of the person's admission to

31  residential services; the most appropriate, least restrictive

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 1  residential placement; and the appropriate care, treatment,

 2  and habilitation of the person, including written or oral

 3  reports, may be introduced at the hearing by any interested

 4  person.

 5         (f)  The petitioning commission may be represented by

 6  counsel at the hearing.  The petitioning commission shall have

 7  the right to call witnesses, present evidence, cross-examine

 8  witnesses, and present argument on behalf of the petitioning

 9  commission.

10         (g)  All evidence shall be presented according to

11  chapter 90.  The burden of proof shall be on the party

12  alleging the appropriateness of the person's admission to

13  residential services. The burden of proof shall be by clear

14  and convincing evidence.

15         (h)  All stages of each proceeding shall be

16  stenographically reported.

17         (8)  ORDER.--

18         (a)  In all cases, the court shall issue written

19  findings of fact and conclusions of law to support its

20  decision.  The order shall state the basis for such findings

21  of fact.

22         (b)  An order of involuntary admission to residential

23  services shall not be entered unless the court finds that:

24         1.  The person is mentally retarded or autistic;

25         2.  Placement in a residential setting is the least

26  restrictive and most appropriate alternative to meet the

27  person's needs; and

28         3.  Because of the person's degree of mental

29  retardation or autism, the person:

30         a.  Lacks sufficient capacity to give express and

31  informed consent to a voluntary application for services

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 1  pursuant to s. 393.065 and lacks basic survival and self-care

 2  skills to such a degree that close supervision and

 3  habilitation in a residential setting is necessary and, if not

 4  provided, would result in a real and present threat of

 5  substantial harm to the person's well-being; or

 6         b.  Is likely to physically injure others if allowed to

 7  remain at liberty.

 8         (c)  If the evidence presented to the court is not

 9  sufficient to warrant involuntary admission to residential

10  services, but the court feels that residential services would

11  be beneficial, the court may recommend that the person seek

12  voluntary admission.

13         (d)  If an order of involuntary admission to

14  residential services provided by the developmental services

15  program of the agency is entered by the court, a copy of the

16  written order shall be served upon the person, the person's

17  counsel, the agency, and the state attorney and the person's

18  defense counsel, if applicable.  The order of involuntary

19  admission sent to the agency shall also be accompanied by a

20  copy of the examining committee's report and other reports

21  contained in the court file.

22         (e)  Upon receiving the order, the agency shall, within

23  45 days, provide the court with a copy of the person's family

24  or individual support plan and copies of all examinations and

25  evaluations, outlining the treatment and rehabilitative

26  programs. The agency shall document that the person has been

27  placed in the most appropriate, least restrictive and

28  cost-beneficial residential setting facility. A copy of the

29  family or individual support plan and other examinations and

30  evaluations shall be served upon the person and the person's

31  

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 1  counsel at the same time the documents are filed with the

 2  court.

 3         (9)  EFFECT OF THE ORDER OF INVOLUNTARY ADMISSION TO

 4  RESIDENTIAL SERVICES.--

 5         (a)  In no case shall an order authorizing an admission

 6  to residential care be considered an adjudication of mental

 7  incompetency.  No person shall be presumed incompetent solely

 8  by reason of the person's involuntary admission to residential

 9  services.  No person shall be denied the full exercise of all

10  legal rights guaranteed to citizens of this state and of the

11  United States.

12         (b)  Any minor involuntarily admitted to residential

13  services shall, upon reaching majority, be given a hearing to

14  determine the continued appropriateness of his or her

15  involuntary admission.

16         (10)  COMPETENCY.--

17         (a)  The issue of competency shall be separate and

18  distinct from a determination of the appropriateness of

19  involuntary admission to residential services for a condition

20  of mental retardation.

21         (b)  The issue of the competency of a person with

22  mental retardation for purposes of assigning guardianship

23  shall be determined in a separate proceeding according to the

24  procedures and requirements of chapter 744 and the Florida

25  Probate Rules. The issue of the competency of a person with

26  mental retardation or autism for purposes of determining

27  whether the person is competent to proceed in a criminal trial

28  shall be determined in accordance with chapter 916.

29         (11)  CONTINUING JURISDICTION.--The court which issues

30  the initial order for involuntary admission to residential

31  services under this section shall have continuing jurisdiction

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 1  to enter further orders to ensure that the person is receiving

 2  adequate care, treatment, habilitation, and rehabilitation,

 3  including psychotropic medication and behavioral programming.

 4  Upon request, the court may transfer the continuing

 5  jurisdiction to the court where a client resides if it is

 6  different from where the original involuntary admission order

 7  was issued. No person may be released from an order for

 8  involuntary admission to residential services except by the

 9  order of the court.

10         (12)  APPEAL.--

11         (a)  Any party to the proceeding who is affected by an

12  order of the court may appeal to the appropriate district

13  court of appeal within the time and in the manner prescribed

14  by the Florida Rules of Appellate Procedure.

15         (b)  The filing of an appeal by the person with mental

16  retardation shall stay admission of the person into

17  residential care.  The stay shall remain in effect during the

18  pendency of all review proceedings in Florida courts until a

19  mandate issues.

20         (13)  HABEAS CORPUS.--At any time and without notice,

21  any person involuntarily admitted into residential care to the

22  developmental services program of the agency, or the person's

23  parent or legal guardian in his or her behalf, is entitled to

24  file a petition for a writ of habeas corpus to question the

25  cause, legality, and appropriateness of the person's

26  involuntary admission.  Each person, or the person's parent or

27  legal guardian, shall receive specific written notice of the

28  right to petition for a writ of habeas corpus at the time of

29  his or her involuntary placement.

30         Section 24.  Section 393.122, Florida Statutes, is

31  amended to read:

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 1         393.122  Applications for continued residential

 2  services.--

 3         (1)  If a client is discharged from residential

 4  services under the provisions of s. 393.115 this section,

 5  application for needed services shall be encouraged.

 6         (2)  A No client receiving services from a state agency

 7  may not the department as of July 1, 1977, shall be denied

 8  continued services due to any change in eligibility

 9  requirements by chapter 77-335, Laws of Florida.

10         Section 25.  Section 393.125, Florida Statutes, is

11  amended to read:

12         393.125  Hearing rights.--

13         (1)  REVIEW OF AGENCY DECISIONS.--

14         (a)  Any developmental disabilities services applicant

15  or client, or his or her parent, guardian, guardian advocate,

16  or authorized representative, whose substantial interests have

17  been who has any substantial interest determined by the

18  agency, has the right to request an administrative hearing

19  pursuant to ss. 120.569 and 120.57. An entity or person who is

20  a paid service provider for the applicant or client may not

21  act as an authorized representative for the applicant or

22  client.

23         (b)  Notice of the right to an administrative hearing

24  shall be given, both verbally and in writing, to the applicant

25  or client, and his or her parent, guardian, guardian advocate,

26  or other authorized representative, at the same time that the

27  agency gives the applicant or client written notice of the

28  agency's action. The notice shall be given, both verbally and

29  in writing, in the language of the client or applicant and in

30  English.

31  

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 1         (c)  A request for a hearing under this section shall

 2  be made to the agency, verbally or in writing, within 30 days

 3  of the applicant's or client's receipt of the notice.

 4         (2)  REVIEW OF PROVIDER DECISIONS.--The agency shall

 5  adopt rules to establish uniform guidelines for the agency and

 6  service providers relevant to termination, suspension, or

 7  reduction of client services by the service provider. The

 8  rules shall ensure the due process rights of service providers

 9  and clients.

10         Section 26.  Section 393.13, Florida Statutes, is

11  amended to read:

12         393.13  Personal Treatment of persons who are

13  developmentally disabled.--

14         (1)  SHORT TITLE.--This section act shall be known as

15  "The Bill of Rights of Persons Who are Developmentally

16  Disabled."

17         (2)  LEGISLATIVE INTENT.--

18         (a)  The Legislature finds and declares that the system

19  of care provided to individuals who are developmentally

20  disabled must be designed to meet the needs of the clients as

21  well as protect the integrity of their legal and human rights.

22         (b)  The Legislature further finds and declares that

23  the design and delivery of treatment and services to persons

24  with developmental disabilities who are developmentally

25  disabled should be directed by the principles of

26  self-determination normalization and therefore should:

27         1.  Abate the use of large institutions.

28         2.  Continue the development of community-based

29  services that which provide reasonable alternatives to

30  institutionalization in settings that are least restrictive to

31  the client.

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 1         3.  Provide training and education that to individuals

 2  who are developmentally disabled which will maximize their

 3  potential to lead independent and productive lives and that

 4  which will afford opportunities for outward mobility from

 5  institutions.

 6         4.  Reduce the use of sheltered workshops and other

 7  noncompetitive employment day activities and promote

 8  opportunities for those gainful employment for persons with

 9  developmental disabilities who choose to seek such employment.

10         (c)  It is the intent of the Legislature that

11  duplicative and unnecessary administrative procedures and

12  practices shall be eliminated, and areas of responsibility

13  shall be clearly defined and consolidated in order to

14  economically utilize present resources.  Furthermore,

15  personnel providing services should be sufficiently qualified

16  and experienced to meet the needs of the clients, and they

17  must be sufficient in number to provide treatment in a manner

18  which is beneficial to the clients.

19         (d)  It is the intent of the Legislature:

20         1.  To articulate the existing legal and human rights

21  of persons with developmental disabilities who are

22  developmentally disabled so that they may be exercised and

23  protected. Persons with developmental disabilities shall have

24  all the rights enjoyed by citizens of the state and the United

25  States.

26         2.  To provide a mechanism for the identification,

27  evaluation, and treatment of persons with developmental

28  disabilities.

29         3.  To divert those individuals from institutional

30  commitment who, by virtue of comprehensive assessment, can be

31  

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 1  placed in less costly, more effective community environments

 2  and programs.

 3         4.  To fund improvements in the program in accordance

 4  with the availability of state resources and yearly priorities

 5  determined by the Legislature.

 6         5.  To ensure that persons with developmental

 7  disabilities receive treatment and habilitation which fosters

 8  the developmental potential of the individual.

 9         6.  To provide programs for the proper habilitation and

10  treatment of persons with developmental disabilities which

11  shall include, but not be limited to, comprehensive

12  medical/dental care, education, recreation, specialized

13  therapies, training, social services, transportation,

14  guardianship, family care programs, day habilitation services,

15  and habilitative and rehabilitative services suited to the

16  needs of the individual regardless of age, degree of

17  disability, or handicapping condition. No person with

18  developmental disabilities shall be deprived of these

19  enumerated services by reason of inability to pay.

20         7.  To fully effectuate the principles of

21  self-determination normalization principle through the

22  establishment of community services for persons with

23  developmental disabilities as a viable and practical

24  alternative to institutional care at each stage of individual

25  life development. If care in a residential facility becomes

26  necessary, it shall be in the least restrictive setting.

27         (e)  It is the clear, unequivocal intent of this act to

28  guarantee individual dignity, liberty, pursuit of happiness,

29  and protection of the civil and legal rights of persons with

30  developmental disabilities.

31  

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 1         (3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL

 2  DISABILITIES.--The rights described in this subsection shall

 3  apply to all persons with developmental disabilities, whether

 4  or not such persons are clients of the agency.

 5         (a)  Persons with developmental disabilities shall have

 6  a right to dignity, privacy, and humane care, including the

 7  right to be free from sexual abuse in residential facilities.

 8         (b)  Persons with developmental disabilities shall have

 9  the right to religious freedom and practice.  Nothing shall

10  restrict or infringe on a person's right to religious

11  preference and practice.

12         (c)  Persons with developmental disabilities shall

13  receive services, within available sources, which protect the

14  personal liberty of the individual and which are provided in

15  the least restrictive conditions necessary to achieve the

16  purpose of treatment.

17         (d)  Persons who are developmentally disabled shall

18  have a right to participate in an appropriate program of

19  quality education and training services, within available

20  resources, regardless of chronological age or degree of

21  disability.  Such persons may be provided with instruction in

22  sex education, marriage, and family planning.

23         (e)  Persons who are developmentally disabled shall

24  have a right to social interaction and to participate in

25  community activities.

26         (f)  Persons who are developmentally disabled shall

27  have a right to physical exercise and recreational

28  opportunities.

29         (g)  Persons who are developmentally disabled shall

30  have a right to be free from harm, including unnecessary

31  

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 1  physical, chemical, or mechanical restraint, isolation,

 2  excessive medication, abuse, or neglect.

 3         (h)  Persons who are developmentally disabled shall

 4  have a right to consent to or refuse treatment, subject to the

 5  provisions of s. 393.12(2)(a) or chapter 744.

 6         (i)  No otherwise qualified person shall, by reason of

 7  having a developmental disability, be excluded from

 8  participation in, or be denied the benefits of, or be subject

 9  to discrimination under, any program or activity which

10  receives public funds, and all prohibitions set forth under

11  any other statute shall be actionable under this statute.

12         (j)  No otherwise qualified person shall, by reason of

13  having a developmental disability, be denied the right to vote

14  in public elections.

15         (4)  CLIENT RIGHTS.--For purposes of this subsection,

16  the term "client," as defined in s. 393.063, shall also

17  include any person served in a facility licensed pursuant to

18  s. 393.067.

19         (a)  Clients shall have an unrestricted right to

20  communication:

21         1.  Each client shall be allowed to receive, send, and

22  mail sealed, unopened correspondence.  No client's incoming or

23  outgoing correspondence shall be opened, delayed, held, or

24  censored by the facility unless there is reason to believe

25  that it contains items or substances which may be harmful to

26  the client or others, in which case the chief administrator of

27  the facility may direct reasonable examination of such mail

28  and regulate the disposition of such items or substances.

29         2.  Clients in residential facilities shall be afforded

30  reasonable opportunities for telephone communication, to make

31  and receive confidential calls, unless there is reason to

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 1  believe that the content of the telephone communication may be

 2  harmful to the client or others, in which case the chief

 3  administrator of the facility may direct reasonable

 4  observation and monitoring to the telephone communication.

 5         3.  Clients shall have an unrestricted right to

 6  visitation subject to reasonable rules of the facility.

 7  However, nothing in this provision shall be construed to

 8  permit infringement upon other clients' rights to privacy.

 9         (b)  Each client has the right to the possession and

10  use of his or her own clothing and personal effects, except in

11  those specific instances where the use of some of these items

12  as reinforcers is essential for training the client as part of

13  an appropriately approved behavioral program.  The chief

14  administrator of the facility may take temporary custody of

15  such effects when it is essential to do so for medical or

16  safety reasons.  Custody of such personal effects shall be

17  promptly recorded in the client's record, and a receipt for

18  such effects shall be immediately given to the client, if

19  competent, or the client's parent or legal guardian.

20         1.  All money belonging to a client held by the agency

21  shall be held in compliance with s. 402.17(2).

22         2.  All interest on money received and held for the

23  personal use and benefit of a client shall be the property of

24  that client and shall not accrue to the general welfare of all

25  clients or be used to defray the cost of residential care.

26  Interest so accrued shall be used or conserved for the

27  personal use or benefit of the individual client as provided

28  in s. 402.17(2).

29         3.  Upon the discharge or death of a client, a final

30  accounting shall be made of all personal effects and money

31  belonging to the client held by the agency.  All such personal

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 1  effects and money, including interest, shall be promptly

 2  turned over to the client or his or her heirs.

 3         (c)  Each client shall receive prompt and appropriate

 4  medical treatment and care for physical and mental ailments

 5  and for the prevention of any illness or disability. Medical

 6  treatment shall be consistent with the accepted standards of

 7  medical practice in the community.

 8         1.  Medication shall be administered only at the

 9  written order of a physician. Medication shall not be used as

10  punishment, for the convenience of staff, as a substitute for

11  implementation of an individual or family support plan or

12  behavior-analysis services behavior modification programming,

13  or in unnecessary or excessive quantities.

14         2.  Daily notation of medication received by each

15  client in a residential facility shall be kept in the client's

16  record.

17         3.  Periodically, but no less frequently than every 6

18  months, the drug regimen of each client in a residential

19  facility shall be reviewed by the attending physician or other

20  appropriate monitoring body, consistent with appropriate

21  standards of medical practice. All prescriptions shall have a

22  termination date.

23         4.  When pharmacy services are provided at any

24  residential facility, such services shall be directed or

25  supervised by a professionally competent pharmacist licensed

26  according to the provisions of chapter 465.

27         5.  Pharmacy services shall be delivered in accordance

28  with the provisions of chapter 465.

29         6.  Prior to instituting a plan of experimental medical

30  treatment or carrying out any necessary surgical procedure,

31  express and informed consent shall be obtained from the

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 1  client, if competent, or the client's parent or legal

 2  guardian. Information upon which the client shall make

 3  necessary treatment and surgery decisions shall include, but

 4  not be limited to:

 5         a.  The nature and consequences of such procedures.

 6         b.  The risks, benefits, and purposes of such

 7  procedures.

 8         c.  Alternate procedures available.

 9         7.  When the parent or legal guardian of the client is

10  unknown or unlocatable and the physician is unwilling to

11  perform surgery based solely on the client's consent, a court

12  of competent jurisdiction shall hold a hearing to determine

13  the appropriateness of the surgical procedure. The client

14  shall be physically present, unless the client's medical

15  condition precludes such presence, represented by counsel, and

16  provided the right and opportunity to be confronted with, and

17  to cross-examine, all witnesses alleging the appropriateness

18  of such procedure. In such proceedings, the burden of proof by

19  clear and convincing evidence shall be on the party alleging

20  the appropriateness of such procedures. The express and

21  informed consent of a person described in subparagraph 6. may

22  be withdrawn at any time, with or without cause, prior to

23  treatment or surgery.

24         8.  The absence of express and informed consent

25  notwithstanding, a licensed and qualified physician may render

26  emergency medical care or treatment to any client who has been

27  injured or who is suffering from an acute illness, disease, or

28  condition if, within a reasonable degree of medical certainty,

29  delay in initiation of emergency medical care or treatment

30  would endanger the health of the client.

31  

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 1         (d)  Each client shall have access to individual

 2  storage space for his or her private use.

 3         (e)  Each client shall be provided with appropriate

 4  physical exercise as prescribed in the client's individual or

 5  family support plan. Indoor and outdoor facilities and

 6  equipment for such physical exercise shall be provided.

 7         (f)  Each client shall receive humane discipline.

 8         (g)  No client shall be subjected to a treatment

 9  program to eliminate bizarre or unusual behaviors without

10  first being examined by a physician who in his or her best

11  judgment determines that such behaviors are not organically

12  caused.

13         1.  Treatment programs involving the use of noxious or

14  painful stimuli shall be prohibited.

15         2.  All alleged violations of this paragraph shall be

16  reported immediately to the chief administrative officer of

17  the facility and or the district administrator, the agency

18  head, and the Florida local advocacy council. A thorough

19  investigation of each incident shall be conducted and a

20  written report of the finding and results of such

21  investigation shall be submitted to the chief administrative

22  officer of the facility or the district administrator and to

23  the agency head within 24 hours after of the occurrence or

24  discovery of the incident.

25         3.  The agency shall adopt by rule a system for the

26  oversight of behavioral programs. Such system shall establish

27  guidelines and procedures governing the design, approval,

28  implementation, and monitoring of all behavioral programs

29  involving clients, including any program or facility using

30  physical restraints or seclusion. The system shall ensure

31  statewide and local review by committees of professionals

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 1  certified as behavior analysts pursuant to s. 393.17. No

 2  behavioral program shall be implemented unless reviewed

 3  according to the rules established by the agency under this

 4  section. Nothing stated in this section shall prohibit the

 5  review of programs by the Florida statewide or local advocacy

 6  councils.

 7         (h)  Each client engaged in work programs which require

 8  compliance with federal wage and hour laws shall be provided

 9  with minimum wage protection and fair compensation for labor

10  in accordance with the federal wage-per-hour regulations.

11         (i)  Clients shall have the right to be free from

12  unnecessary physical, chemical, or mechanical restraint.

13  Restraints shall be employed only in emergencies or to protect

14  the client from imminent injury to himself or herself or

15  others.  Restraints shall not be employed as punishment, for

16  the convenience of staff, or as a substitute for a

17  habilitative plan.  Restraints shall impose the least possible

18  restrictions consistent with their purpose and shall be

19  removed when the emergency ends.  Restraints shall not cause

20  physical injury to the client and shall be designed to allow

21  the greatest possible comfort.

22         1.  Mechanical supports used in normative situations to

23  achieve proper body position and balance shall not be

24  considered restraints, but shall be prescriptively designed

25  and applied under the supervision of a qualified professional

26  with concern for principles of good body alignment,

27  circulation, and allowance for change of position.

28         2.  Totally enclosed cribs and barred enclosures shall

29  be considered restraints.

30         3.  Daily reports on the employment of physical,

31  chemical, or mechanical restraints by those specialists

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 1  authorized in the use of such restraints shall be made to the

 2  appropriate chief administrator of the facility, and a monthly

 3  summary of such reports shall be relayed to the agency

 4  district administrator and the Florida local advocacy council.

 5  The reports shall summarize all such cases of restraints, the

 6  type used, the duration of usage, and the reasons therefor.

 7  Districts shall submit districtwide quarterly reports of these

 8  summaries to the state Developmental Disabilities Program

 9  Office.

10         4.  The agency shall adopt by rule standards and

11  procedures governing the use of restraints post a copy of the

12  rules adopted under this section in each living unit of

13  residential facilities. A copy of the rules adopted under this

14  subparagraph section shall be given to the client, parent,

15  guardian or guardian advocate, and all staff members of

16  licensed facilities and programs licensed under this chapter

17  and shall be made a part of all staff preservice and inservice

18  training programs.

19         (j)1.  Each client shall have a central record. The

20  central record shall be established by the agency at the time

21  that an individual is determined eligible for services, shall

22  be maintained by the client's support coordinator, and must

23  contain information include data pertaining to admission,

24  diagnosis and treatment history, present condition, and such

25  other information as may be required under rules of the

26  agency. The central record is the property of the agency.

27         1.2.  Unless waived by the client, if competent, or the

28  client's parent or legal guardian if the client is

29  incompetent, the client's central record shall be confidential

30  and exempt from the provisions of s. 119.07(1), and no part of

31  it shall be released except:

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 1         a.  The record may be released to physicians,

 2  attorneys, and government agencies having need of the record

 3  to aid the client, as designated by the client, if competent,

 4  or the client's parent or legal guardian, if the client is

 5  incompetent.

 6         b.  The record shall be produced in response to a

 7  subpoena or released to persons authorized by order of court,

 8  excluding matters privileged by other provisions of law.

 9         c.  The record or any part thereof may be disclosed to

10  a qualified researcher, a staff member of the facility where

11  the client resides, or an employee of the agency when the

12  administrator of the facility or the director of the agency

13  deems it necessary for the treatment of the client,

14  maintenance of adequate records, compilation of treatment

15  data, or evaluation of programs.

16         d.  Information from the records may be used for

17  statistical and research purposes if the information is

18  abstracted in such a way to protect the identity of

19  individuals.

20         3.  All central records for each client in residential

21  facilities shall be kept on uniform forms distributed by the

22  agency.  The central record shall accurately summarize each

23  client's history and present condition.

24         2.4.  The client, if competent, or the client's parent

25  or legal guardian if the client is incompetent, shall be

26  supplied with a copy of the client's central record upon

27  request.

28         (k)  Each client residing in a residential facility who

29  is eligible to vote in public elections according to the laws

30  of the state shall have the right to vote.  Facilities

31  

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 1  operators shall arrange the means to exercise the client's

 2  right to vote.

 3         (5)  LIABILITY FOR VIOLATIONS.--Any person who violates

 4  or abuses any rights or privileges of persons who are

 5  developmentally disabled provided by this act shall be liable

 6  for damages as determined by law.  Any person who acts in good

 7  faith compliance with the provisions of this act shall be

 8  immune from civil or criminal liability for actions in

 9  connection with evaluation, admission, habilitative

10  programming, education, treatment, or discharge of a client.

11  However, this section shall not relieve any person from

12  liability if such person is guilty of negligence, misfeasance,

13  nonfeasance, or malfeasance.

14         (6)  NOTICE OF RIGHTS.--Each person with developmental

15  disabilities, if competent, or parent or legal guardian of

16  such person if the person is incompetent, shall promptly

17  receive from the agency or the Department of Education a

18  written copy of this act. Each person with developmental

19  disabilities able to comprehend shall be promptly informed, in

20  the language or other mode of communication which such person

21  understands, of the above legal rights of persons with

22  developmental disabilities.

23         (7)  RESIDENT GOVERNMENT.--Each residential facility

24  providing services to clients who are desirous and capable of

25  participating shall initiate and develop a program of resident

26  government to hear the views and represent the interests of

27  all clients served by the facility. The resident government

28  shall be composed of residents elected by other residents and,

29  staff advisers skilled in the administration of community

30  organizations, and a representative of the Florida local

31  advocacy council. The resident government shall work closely

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 1  with the Florida local advocacy council and the district

 2  administrator to promote the interests and welfare of all

 3  residents in the facility.

 4         Section 27.  Subsections (1), (2), (3), (4), and (5) of

 5  section 393.135, Florida Statutes, are amended to read:

 6         393.135  Sexual misconduct prohibited; reporting

 7  required; penalties.--

 8         (1)  As used in this section, the term:

 9         (a)  "Employee" includes any paid staff member,

10  volunteer, or intern of the agency or the department; any

11  person under contract with the agency or the department; and

12  any person providing care or support to a client on behalf of

13  the agency department or its providers.

14         (b)  "Sexual activity" means:

15         1.  Fondling the genital area, groin, inner thighs,

16  buttocks, or breasts of a person.

17         2.  The oral, anal, or vaginal penetration by or union

18  with the sexual organ of another or the anal or vaginal

19  penetration of another by any other object.

20         3.  Intentionally touching in a lewd or lascivious

21  manner the breasts, genitals, the genital area, or buttocks,

22  or the clothing covering them, of a person, or forcing or

23  enticing a person to touch the perpetrator.

24         4.  Intentionally masturbating in the presence of

25  another person.

26         5.  Intentionally exposing the genitals in a lewd or

27  lascivious manner in the presence of another person.

28         6.  Intentionally committing any other sexual act that

29  does not involve actual physical or sexual contact with the

30  victim, including, but not limited to, sadomasochistic abuse,

31  

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 1  sexual bestiality, or the simulation of any act involving

 2  sexual activity in the presence of a victim.

 3         (c)  "Sexual misconduct" means any sexual activity

 4  between an employee and a client to whom the employee renders

 5  services, care, or support on behalf of the agency or its

 6  providers, or between the employee and another client who

 7  lives in the same home as the client to whom the employee is

 8  rendering the services, care, or support, regardless of the

 9  consent of the client. The term does not include an act done

10  for a bona fide medical purpose or an internal search

11  conducted in the lawful performance of duty by an employee.

12         (2)  An employee who engages in sexual misconduct with

13  an individual with a developmental disability who:

14         (a)  Is in the custody of the department;

15         (a)(b)  Resides in a residential facility, including

16  any comprehensive transitional education program,

17  developmental disabilities services institution, foster care

18  facility, group home facility, intermediate care facility for

19  the developmentally disabled, or residential habilitation

20  center; or

21         (b)(c)  Is eligible to receive Receives services from

22  the agency under this chapter a family care program,

23  

24  commits a felony of the second degree, punishable as provided

25  in s. 775.082, s. 775.083, or s. 775.084. An employee may be

26  found guilty of violating this subsection without having

27  committed the crime of sexual battery.

28         (3)  The consent of the client to sexual activity is

29  not a defense to prosecution under this section.

30         (4)  This section does not apply to an employee who:

31         (a)  is legally married to the client; or

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 1         (b)  Has no reason to believe that the person with whom

 2  the employee engaged in sexual misconduct is a client

 3  receiving services as described in subsection (2).

 4         (5)  An employee who witnesses sexual misconduct, or

 5  who otherwise knows or has reasonable cause to suspect that a

 6  person has engaged in sexual misconduct, shall immediately

 7  report the incident to the department's central abuse hotline

 8  of the Department of Children and Family Services and to the

 9  appropriate local law enforcement agency. Such employee shall

10  also prepare, date, and sign an independent report that

11  specifically describes the nature of the sexual misconduct,

12  the location and time of the incident, and the persons

13  involved. The employee shall deliver the report to the

14  supervisor or program director, who is responsible for

15  providing copies to the agency's local office and the agency's

16  department's inspector general. The inspector general shall

17  immediately conduct an appropriate administrative

18  investigation, and, if there is probable cause to believe that

19  sexual misconduct has occurred, the inspector general shall

20  notify the state attorney in the circuit in which the incident

21  occurred.

22         Section 28.  Section 393.15, Florida Statutes, is

23  amended to read:

24         393.15  Legislative intent; Community Resources

25  Development Loan Program Trust Fund.--

26         (1)  The Legislature finds and declares that the

27  development of community-based treatment facilities for

28  persons with developmental disabilities who are

29  developmentally disabled is desirable and recommended and

30  should be encouraged and fostered by the state. The

31  Legislature further recognizes that the development of such

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 1  facilities is financially difficult for private individuals,

 2  due to initial expenditures required to adapt existing

 3  structures to the special needs of such persons who are

 4  developmentally disabled who may be served in community-based

 5  foster care, group home, developmental training, and supported

 6  employment programs. Therefore, it is the intent of the

 7  Legislature intends that the agency by this act to develop and

 8  administer a loan program trust fund to provide support and

 9  encouragement in the establishment of community-based foster

10  care, group home, developmental training, and supported

11  employment programs for persons with developmental

12  disabilities who are developmentally disabled.

13         (2)  As used in this section, a foster care, group

14  home, developmental training, or supported employment program

15  may not be a for-profit corporation, but may be a nonprofit

16  corporation, partnership, or sole proprietorship.

17         (2)(3)  There is created a Community Resources

18  Development Loan Program in Trust Fund in the State Treasury

19  to be used by the agency for the purpose of granting loans to

20  eligible programs for the initial costs of development of the

21  programs. In order to be eligible for the program, a foster

22  home, group home, or supported employment program must:

23         (a)  Serve persons with developmental disabilities;

24         (b)  Be a nonprofit corporation, partnership, or sole

25  proprietorship; and

26         (c)  Be Loans shall be made only to those facilities

27  which are in compliance with the zoning regulations of the

28  local community.

29         (3)  Loans may be made to pay for the costs of

30  development and may include structural modification, the

31  purchase of equipment and fire and safety devices,

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 1  preoperational staff training, and the purchase of insurance.

 2  Such costs may shall not include the actual construction of a

 3  facility and may not be in lieu of payment for maintenance,

 4  client services, or care provided.

 5         (4)  The agency may grant to an eligible program a

 6  lump-sum loan in one payment not to exceed the cost to the

 7  program of providing 2 months' services, care, or maintenance

 8  to each person who is developmentally disabled to be placed in

 9  the program by the agency, or the actual cost of firesafety

10  renovations to a facility required by the state, whichever is

11  greater. Loans granted to programs shall not be in lieu of

12  payment for maintenance, services, or care provided, but shall

13  stand separate and distinct.

14         (5)  The agency shall adopt rules, as provided in

15  chapter 120, to determine the criteria standards under which a

16  program shall be eligible to receive a loan as provided in

17  this section and the methodology criteria for the equitable

18  allocation of loan trust funds when eligible applications

19  exceed the funds available.

20         (6)(5)  Any loan granted by the agency under this

21  section shall be repaid by the program within 5 years and the

22  amount paid shall be deposited into the agency's

23  Administrative Trust Fund. Moneys repaid shall be used to fund

24  new loans. A program that operates as a nonprofit corporation

25  meeting the requirements of s. 501(c)(3) of the Internal

26  Revenue Code, and that seeks forgiveness of its loan shall

27  submit to the agency an annual a statement setting forth the

28  service it has provided during the year together with such

29  other information as the agency by rule shall require, and,

30  upon approval of each such annual statement, the agency may

31  

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 1  shall forgive up to 20 percent of the principal of any such

 2  loan granted after June 30, 1975.

 3         (7)(6)  If any program that has received a loan under

 4  this section ceases to accept, or provide care, services, or

 5  maintenance to persons placed in the program by the

 6  department, or if such program files papers of bankruptcy, at

 7  that point in time the loan shall become an interest-bearing

 8  loan at the rate of 5 percent per annum on the entire amount

 9  of the initial loan which shall be repaid within a 1-year

10  period from the date on which the program ceases to provide

11  care, services, or maintenance, or files papers in bankruptcy,

12  and the amount of the loan due plus interest shall constitute

13  a lien in favor of the state against all real and personal

14  property of the program. The lien shall be perfected by the

15  appropriate officer of the agency by executing and

16  acknowledging a statement of the name of the program and the

17  amount due on the loan and a copy of the promissory note,

18  which shall be recorded by the agency with the clerk of the

19  circuit court in the county wherein the program is located. If

20  the program has filed a petition for bankruptcy, the agency

21  shall file and enforce the lien in the bankruptcy proceedings.

22  Otherwise, the lien shall be enforced in the manner provided

23  in s. 85.011. All funds received by the agency from the

24  enforcement of the lien shall be deposited in the agency's

25  Administrative Community Resources Development Trust Fund and

26  used to fund new loans.

27         Section 29.  Section 393.17, Florida Statutes, is

28  amended to read:

29         393.17  Behavioral programs; Certification programs of

30  behavior analysts.--

31  

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 1         (1)  The agency may establish certification programs in

 2  order to ensure that only qualified employees and service

 3  providers provide client services. Such programs shall be

 4  established by rule and must include criteria for the scope of

 5  practice; qualifications for certification, including training

 6  and testing requirements; continuing education requirements

 7  for ongoing certification; standards of performance; and

 8  decertification procedures to be used to determine when an

 9  individual no longer meets the qualifications for

10  certification or performance standards, including procedures

11  to implement the decertification of an employee or service

12  provider.

13         (2)  As provided in subsection (1), the agency shall

14  establish a certification program for behavior analysts and

15  may recognize the certification of behavior analysts awarded

16  by a nonprofit corporation that adheres to the national

17  standards of boards setting professional credentials and whose

18  mission is to meet professional credentialing needs identified

19  by behavior analysts, state governments, and consumers of

20  behavior analysis services and whose work has the support of

21  the Association for Behavior Analysis International. The

22  certification program recognized by the agency must undergo

23  regular psychometric review and validation pursuant to a

24  job-analysis survey of the profession and standards

25  established by content experts in the field.

26         Section 30.  Section 393.18, Florida Statutes, is

27  created to read:

28         393.18  Comprehensive transitional education

29  program.--A comprehensive transition education program is a

30  group of jointly operating centers or units, the collective

31  purpose of which is to provide a sequential series of

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 1  educational care, training, treatment, habilitation, and

 2  rehabilitation services to persons who have developmental

 3  disabilities and who have severe or moderate maladaptive

 4  behaviors. However, this section does not require such

 5  programs to provide services only to persons with

 6  developmental disabilities. All such services shall be

 7  temporary in nature and delivered in a structured residential

 8  setting, having the primary goal of incorporating the

 9  principle of self-determination in establishing permanent

10  residence for persons with maladaptive behaviors in facilities

11  that are not associated with the comprehensive transitional

12  education program. The staff shall include psychologists and

13  teachers who shall be available to provide services in each

14  component center or unit of the program. The psychologists

15  shall be individuals who are licensed in this state and

16  certified as behavior analysts in this state or individuals

17  who are certified as behavior analysts pursuant to s. 393.17.

18         (1)  Comprehensive transitional education programs

19  shall include a minimum of two component centers or units, one

20  of which shall be an intensive treatment and educational

21  center or a transitional training and educational center,

22  which provides services to persons with maladaptive behaviors

23  in the following sequential order:

24         (a)  Intensive treatment and educational center.--This

25  component is a self-contained residential unit providing

26  intensive psychological and educational programming for

27  persons with severe maladaptive behaviors, whose behaviors

28  preclude placement in a less-restrictive environment due to

29  the threat of danger or injury to themselves or others.

30         (b)  Transitional training and educational

31  center.--This component is a residential unit for persons with

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 1  moderate maladaptive behaviors, providing concentrated

 2  psychological and educational programming that emphasizes a

 3  transition toward a less-restrictive environment.

 4         (c)  Community transition residence.--This component is

 5  a residential center providing educational programs and any

 6  support services, training, and care that are needed to assist

 7  persons with maladaptive behaviors to avoid regression to more

 8  restrictive environments, while preparing them for more

 9  independent living. Continuous-shift staff shall be required

10  for this component.

11         (d)  Alternative living center.--This component is a

12  residential unit providing an educational and family living

13  environment for persons with maladaptive behaviors in a

14  moderately unrestricted setting. Residential staff shall be

15  required for this component.

16         (e)  Independent living education center.--This

17  component is a facility providing a family living environment

18  for persons with maladaptive behaviors in a largely

19  unrestricted setting and includes education and monitoring

20  that is appropriate to support the development of independent

21  living skills.

22         (2)  Components of a comprehensive transitional

23  education program are subject to the license issued under s.

24  393.067 to a comprehensive transitional education program and

25  may be located on a single site or multiple sites.

26         (3)  Comprehensive transitional education programs

27  shall develop individual education plans for each person with

28  maladaptive behaviors who receives services from the program.

29  Each individual education plan shall be developed in

30  accordance with the criteria specified in 20 U.S.C. ss. 401 et

31  seq., and 34 C.F.R. part 300.

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 1         (4)  The total number of persons with maladaptive

 2  behaviors being provided services in a comprehensive

 3  transitional education program may not in any instance exceed

 4  120 residents.

 5         Section 31.  Section 393.501, Florida Statutes, is

 6  amended to read:

 7         393.501  Rulemaking.--

 8         (1)  The agency may shall adopt rules pursuant to s.

 9  120.54 to carry out its statutory duties the provisions of

10  this chapter.

11         (2)  Such rules shall address the number of facilities

12  on a single lot parcel or on adjacent lots parcels of land,

13  and in addition, for ICF/MR, the rate and location of facility

14  development and level of care. In adopting rules, an

15  alternative living center and an independent living education

16  center, as described in s. 393.18, shall be subject to the

17  provisions of s. 419.001, except that such centers shall be

18  exempt from the 1,000-foot-radius requirement of s. 419.001(2)

19  if:

20         (a)  The centers are located on a site zoned in a

21  manner that permits all the components of a comprehensive

22  transition education center to be located on the site; or

23         (b)  There are no more than three such centers within a

24  radius of 1,000 feet.

25         Section 32.  Subsection (9) of section 397.405, Florida

26  Statutes, is amended to read:

27         397.405  Exemptions from licensure.--The following are

28  exempt from the licensing provisions of this chapter:

29         (9)  Facilities licensed under chapter 393 which s.

30  393.063 that, in addition to providing services to persons

31  with developmental disabilities who are developmentally

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 1  disabled as defined therein, also provide services to persons

 2  developmentally at risk as a consequence of exposure to

 3  alcohol or other legal or illegal drugs while in utero.

 4  

 5  The exemptions from licensure in this section do not apply to

 6  any service provider that receives an appropriation, grant, or

 7  contract from the state to operate as a service provider as

 8  defined in this chapter or to any substance abuse program

 9  regulated pursuant to s. 397.406.  Furthermore, this chapter

10  may not be construed to limit the practice of a physician

11  licensed under chapter 458 or chapter 459, a psychologist

12  licensed under chapter 490, or a psychotherapist licensed

13  under chapter 491 who provides substance abuse treatment, so

14  long as the physician, psychologist, or psychotherapist does

15  not represent to the public that he or she is a licensed

16  service provider and does not provide services to clients

17  pursuant to part V of this chapter. Failure to comply with any

18  requirement necessary to maintain an exempt status under this

19  section is a misdemeanor of the first degree, punishable as

20  provided in s. 775.082 or s. 775.083.

21         Section 33.  Subsection (13) of section 400.419,

22  Florida Statutes, is amended to read:

23         400.419  Violations; imposition of administrative

24  fines; grounds.--

25         (13)  The agency shall develop and disseminate an

26  annual list of all facilities sanctioned or fined $5,000 or

27  more for violations of state standards, the number and class

28  of violations involved, the penalties imposed, and the current

29  status of cases. The list shall be disseminated, at no charge,

30  to the Department of Elderly Affairs, the Department of

31  Health, the Department of Children and Family Services, the

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 1  Agency for Persons with Disabilities, the area agencies on

 2  aging, the Florida Statewide Advocacy Council, and the state

 3  and local ombudsman councils. The Department of Children and

 4  Family Services shall disseminate the list to service

 5  providers under contract to the department who are responsible

 6  for referring persons to a facility for residency. The agency

 7  may charge a fee commensurate with the cost of printing and

 8  postage to other interested parties requesting a copy of this

 9  list.

10         Section 34.  Section 400.960, Florida Statutes, is

11  amended to read:

12         400.960  Definitions.--As used in this part, the term:

13         (1)  "Active treatment" means the provision of services

14  by an interdisciplinary team which are necessary to maximize a

15  client's individual independence or prevent regression or loss

16  of functional status.

17         (1)(2)  "Agency" means the Agency for Health Care

18  Administration.

19         (2)(3)  "Autism" or "autistic disorder" has the same

20  meaning as in s. 393.063. means a pervasive, neurologically

21  based developmental disability of extended duration which

22  causes severe learning, communication, and behavior disorders

23  with age of onset during infancy or childhood. Individuals

24  with autism exhibit impairment in reciprocal social

25  interaction, impairment in verbal and nonverbal communication

26  and imaginative ability, and a markedly restricted repertoire

27  of activities and interests.

28         (3)(4)  "Cerebral palsy" has the same meaning as in s.

29  393.063. means a group of disabling symptoms of extended

30  duration which results from damage to the developing brain

31  occurring before, during, or after birth and resulting in the

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 1  loss or impairment of control over voluntary muscles. The term

 2  does not include those symptoms or impairments resulting

 3  solely from a stroke.

 4         (4)(5)  "Client" means any person determined by the

 5  Agency for Persons with Disabilities department to be eligible

 6  for developmental services.

 7         (6)  "Client advocate" means a friend or relative of

 8  the client, or of the client's immediate family, who advocates

 9  for the best interests of the client in any proceedings under

10  this part in which the client or his or her family has the

11  right or duty to participate.

12         (7)  "Department" means the Department of Children and

13  Family Services.

14         (5)(8)  "Developmental disability" has the same meaning

15  as in s. 393.063 means a disorder or syndrome that is

16  attributable to retardation, cerebral palsy, autism, spina

17  bifida, or Prader-Willi syndrome and that constitutes a

18  substantial handicap that can reasonably be expected to

19  continue indefinitely.

20         (6)(9)  "Direct service provider" means a person 18

21  years of age or older who has direct contact with individuals

22  with developmental disabilities and who is unrelated to the

23  individuals with developmental disabilities.

24         (10)  "Epilepsy" means a chronic brain disorder of

25  various causes which is characterized by recurrent seizures

26  due to excessive discharge of cerebral neurons. When found

27  concurrently with retardation, autism, or cerebral palsy,

28  epilepsy is considered a secondary disability for which the

29  client is eligible to receive services to ameliorate this

30  condition according to the provisions of this part.

31  

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 1         (11)  "Guardian advocate" means a person appointed by

 2  the circuit court to represent a person with developmental

 3  disabilities in any proceedings brought pursuant to s. 393.12,

 4  and is distinct from a guardian advocate for mentally ill

 5  persons under chapter 394.

 6         (7)(12)  "Intermediate care facility for the

 7  developmentally disabled" means a residential facility

 8  licensed and certified in accordance with state law, and

 9  certified by the Federal Government, pursuant to the Social

10  Security Act, as a provider of Medicaid services to persons

11  with developmental disabilities who are developmentally

12  disabled.

13         (8)(13)  "Prader-Willi syndrome" has the same meaning

14  as in s. 393.063. means an inherited condition typified by

15  neonatal hypotonia with failure to thrive, hyperphagia, or an

16  excessive drive to eat which leads to obesity, usually at 18

17  to 36 months of age, mild to moderate retardation,

18  hypogonadism, short stature, mild facial dysmorphism, and a

19  characteristic neurobehavior.

20         (9)(14)  "Retardation" has the same meaning as in s.

21  393.063. means significantly subaverage general intellectual

22  functioning existing concurrently with deficits in adaptive

23  behavior and manifested during the period from conception to

24  age 18. "Significantly subaverage general intellectual

25  functioning," for the purpose of this definition, means

26  performance that is two or more standard deviations from the

27  mean score on a standardized intelligence test specified in

28  rules of the department. "Deficits in adaptive behavior," for

29  the purpose of this definition, means deficits in the

30  effectiveness or degree with which an individual meets the

31  

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 1  standards of personal independence and social responsibility

 2  expected of his or her age, cultural group, and community.

 3         (10)(15)  "Spina bifida" has the same meaning as in s.

 4  393.063 means a medical diagnosis of spina bifida cystica or

 5  myelomeningocele.

 6         Section 35.  Subsection (2) of section 400.967, Florida

 7  Statutes, is amended to read:

 8         400.967  Rules and classification of deficiencies.--

 9         (2)  Pursuant to the intention of the Legislature, the

10  agency, in consultation with the Agency for Persons with

11  Disabilities Department of Children and Family Services and

12  the Department of Elderly Affairs, shall adopt and enforce

13  rules to administer this part, which shall include reasonable

14  and fair criteria governing:

15         (a)  The location and construction of the facility;

16  including fire and life safety, plumbing, heating, cooling,

17  lighting, ventilation, and other housing conditions that will

18  ensure the health, safety, and comfort of residents. The

19  agency shall establish standards for facilities and equipment

20  to increase the extent to which new facilities and a new wing

21  or floor added to an existing facility after July 1, 2000, are

22  structurally capable of serving as shelters only for

23  residents, staff, and families of residents and staff, and

24  equipped to be self-supporting during and immediately

25  following disasters. The Agency for Health Care Administration

26  shall work with facilities licensed under this part and report

27  to the Governor and the Legislature by April 1, 2000, its

28  recommendations for cost-effective renovation standards to be

29  applied to existing facilities. In making such rules, the

30  agency shall be guided by criteria recommended by nationally

31  recognized, reputable professional groups and associations

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 1  having knowledge concerning such subject matters. The agency

 2  shall update or revise such criteria as the need arises. All

 3  facilities must comply with those lifesafety code requirements

 4  and building code standards applicable at the time of approval

 5  of their construction plans. The agency may require

 6  alterations to a building if it determines that an existing

 7  condition constitutes a distinct hazard to life, health, or

 8  safety. The agency shall adopt fair and reasonable rules

 9  setting forth conditions under which existing facilities

10  undergoing additions, alterations, conversions, renovations,

11  or repairs are required to comply with the most recent updated

12  or revised standards.

13         (b)  The number and qualifications of all personnel,

14  including management, medical nursing, and other personnel,

15  having responsibility for any part of the care given to

16  residents.

17         (c)  All sanitary conditions within the facility and

18  its surroundings, including water supply, sewage disposal,

19  food handling, and general hygiene, which will ensure the

20  health and comfort of residents.

21         (d)  The equipment essential to the health and welfare

22  of the residents.

23         (e)  A uniform accounting system.

24         (f)  The care, treatment, and maintenance of residents

25  and measurement of the quality and adequacy thereof.

26         (g)  The preparation and annual update of a

27  comprehensive emergency management plan. The agency shall

28  adopt rules establishing minimum criteria for the plan after

29  consultation with the Department of Community Affairs. At a

30  minimum, the rules must provide for plan components that

31  address emergency evacuation transportation; adequate

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 1  sheltering arrangements; postdisaster activities, including

 2  emergency power, food, and water; postdisaster transportation;

 3  supplies; staffing; emergency equipment; individual

 4  identification of residents and transfer of records; and

 5  responding to family inquiries. The comprehensive emergency

 6  management plan is subject to review and approval by the local

 7  emergency management agency. During its review, the local

 8  emergency management agency shall ensure that the following

 9  agencies, at a minimum, are given the opportunity to review

10  the plan: the Department of Elderly Affairs, the Agency for

11  Persons with Disabilities Department of Children and Family

12  Services, the Agency for Health Care Administration, and the

13  Department of Community Affairs. Also, appropriate volunteer

14  organizations must be given the opportunity to review the

15  plan. The local emergency management agency shall complete its

16  review within 60 days and either approve the plan or advise

17  the facility of necessary revisions.

18         (h)  Each licensee shall post its license in a

19  prominent place that is in clear and unobstructed public view

20  at or near the place where residents are being admitted to the

21  facility.

22         Section 36.  Section 402.115, Florida Statutes, is

23  amended to read:

24         402.115  Sharing confidential or exempt

25  information.--Notwithstanding any other provision of law to

26  the contrary, the Department of Health, and the Department of

27  Children and Family Services, and the Agency for Persons with

28  Disabilities may share confidential information or information

29  exempt from disclosure under chapter 119 on any individual who

30  is or has been the subject of a program within the

31  

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 1  jurisdiction of each agency. Information so exchanged remains

 2  confidential or exempt as provided by law.

 3         Section 37.  Section 402.17, Florida Statutes, is

 4  amended to read:

 5         402.17  Claims for care and maintenance; trust

 6  property.--The Department of Children and Family Services and

 7  the Agency for Persons with Disabilities shall protect the

 8  financial interest of the state with respect to claims that

 9  which the state may have for the care and maintenance of

10  clients of the department or agency. The department or agency

11  shall, as trustee, hold in trust and administer money of

12  clients and property designated for the personal benefit of

13  clients. The department or agency shall act as trustee of

14  clients' money and property entrusted to it in accordance with

15  the usual fiduciary standards applicable generally to

16  trustees, and shall act to protect both the short-term and

17  long-term interests of the clients for whose benefit it is

18  holding such money and property.

19         (1)  CLAIMS FOR CARE AND MAINTENANCE.--

20         (a)  The department or agency shall perform the

21  following acts:

22         1.  Receive and supervise the collection of sums due

23  the state.

24         2.  Bring any court action necessary to collect any

25  claim the state may have against any client, former client,

26  guardian of any client or former client, executor or

27  administrator of the client's estate, or any person against

28  whom any client or former client may have a claim.

29         3.  Obtain a copy of any inventory or appraisal of the

30  client's property filed with any court.

31  

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 1         4.  Obtain from the department's Economic

 2  Self-Sufficiency Services Program Office a financial status

 3  report on any client or former client, including the ability

 4  of third parties responsible for such client to pay all or

 5  part of the cost of the client's care and maintenance.

 6         5.  Petition the court for appointment of a guardian or

 7  administrator for an otherwise unrepresented client or former

 8  client should the financial status report or other information

 9  indicate the need for such action. The cost of any such action

10  shall be charged against the assets or estate of the client.

11         6.  Represent the interest of the state in any

12  litigation in which a client or former client is a party.

13         7.  File claims with any person, firm, or corporation

14  or with any federal, state, county, district, or municipal

15  agency on behalf of an unrepresented client.

16         8.  Represent the state in the settlement of the

17  estates of deceased clients or in the settlement of estates in

18  which a client or a former client against whom the state may

19  have a claim has a financial interest.

20         9.  Establish procedures by rule for the use of amounts

21  held in trust for the client to pay for the cost of care and

22  maintenance, if such amounts would otherwise cause the client

23  to become ineligible for services which are in the client's

24  best interests.

25         (b)  The department or agency of Children and Family

26  Services may charge off accounts if it certifies that the

27  accounts are uncollectible after diligent efforts have been

28  made to collect them.  If the department certifies an account

29  to the Department of Financial Services, setting forth the

30  circumstances upon which it predicates the uncollectibility,

31  

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 1  and if, pursuant to s. 17.04, the Department of Financial

 2  Services concurs, the account shall be charged off.

 3         (2)  MONEY OR OTHER PROPERTY RECEIVED FOR PERSONAL USE

 4  OR BENEFIT OF ANY CLIENT.--The department or agency shall

 5  perform the following acts:

 6         (a)  Accept and administer in trust, as a trustee

 7  having a fiduciary responsibility to a client of the

 8  department, any money or other property received for personal

 9  use or benefit of that client.  In the case of children in the

10  legal custody of the department, following the termination of

11  the parental rights as to that client, until the child such

12  client leaves the legal custody of the department due to the

13  client's adoption or attaining because the client attains the

14  age of 18 or, in the case of children who are otherwise in the

15  custody of the department, the court having jurisdiction over

16  such child client shall have jurisdiction, upon application of

17  the department or other interested party, to review or approve

18  any extraordinary action of the department acting as trustee

19  as to the child's client's money or other property.  When

20  directed by a court of competent jurisdiction, the department

21  may further hold money or property of a child person under the

22  age of 18 who has been in the care, custody, or control of the

23  department and who is the subject of a court proceeding during

24  the pendency of that proceeding.

25         (b)  Deposit the money in banks qualified as state

26  depositories, or in any bank, credit union, or savings and

27  loan association authorized to do business in this state,

28  provided moneys so deposited or held by such institutions are

29  fully insured by a federal depository or share insurance

30  program, or an approved state depository or share insurance

31  program, and are available on demand.

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 1         (c)  Withdraw the money and use it to meet current

 2  needs of clients. For purposes of this paragraph, "current

 3  needs" includes payment of fees assessed under s. 402.33.  The

 4  amount of money withdrawn by the department to meet current

 5  needs of a client shall take into account the need of the

 6  department or agency, as the trustee of a client's money and

 7  property, to provide for the long-term needs of a client,

 8  including, but not limited to, ensuring that to provide for

 9  the need of a client under the age of 18 will to have

10  sufficient financial resources available to be able to

11  function as an adult upon reaching the age of 18, meeting or

12  to meet the special needs of a client who has a disability and

13  whose special needs cannot otherwise be met by any form of

14  public assistance or family resources, or maintaining to

15  maintain the client's eligibility for public assistance,

16  including medical assistance, under state or federal law.

17         (d)  As trustee, invest in the manner authorized by law

18  for fiduciaries money not used for current needs of clients.

19  Such investments may include, but shall not be limited to,

20  investments in savings share accounts of any credit union

21  chartered under the laws of the United States and doing

22  business in this state, and savings share accounts of any

23  credit union chartered under the laws of this state, provided

24  the credit union is insured under the federal share insurance

25  program or an approved state share insurance program.

26         (3)  DEPOSIT OF FUNDS RECEIVED.--Funds received by the

27  Department of Children and Family Services in accordance with

28  s. 402.33 shall be deposited into a trust fund for the

29  operation of the department.

30         (4)  DISPOSITION OF UNCLAIMED TRUST FUNDS.--Upon the

31  death of any client affected by the provisions of this

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 1  section, any unclaimed money held in trust by the department,

 2  the agency, or by the Chief Financial Officer for the child

 3  him or her shall be applied first to the payment of any unpaid

 4  claim of the state against the client, and any balance

 5  remaining unclaimed for a period of 1 year shall escheat to

 6  the state as unclaimed funds held by fiduciaries.

 7         (5)  LEGAL REPRESENTATION.--To the extent that the

 8  budget will permit, the Department of Legal Affairs shall

 9  furnish the legal services to carry out the provisions of this

10  section. Upon the request of the department or agency of

11  Children and Family Services, the various state and county

12  attorneys shall assist in litigation within their

13  jurisdiction. The Such department or agency may retain legal

14  counsel for necessary legal services which cannot be furnished

15  by the Department of Legal Affairs and the various state and

16  county attorneys.

17         (6)  DEPOSIT OR INVESTMENT OF FUNDS OF CLIENTS.--

18         (a)  The department or agency of Children and Family

19  Services may deposit any funds of clients in its possession in

20  any bank in the state or may invest or reinvest such funds in

21  bonds or obligations of the United States for the payment of

22  which the full faith and credit of the United States is

23  pledged. For purposes of deposit only, the funds of any client

24  may be mingled with the funds of any other clients.

25         (b)  The interest or increment accruing on such funds

26  shall be the property of the clients and shall be used or

27  conserved for the personal use or benefit of the individual

28  client, in accordance with the department's or agency's

29  fiduciary responsibility as a trustee for the money and

30  property of the client held by the department. Such interest

31  shall not accrue to the general welfare of all clients.

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 1  Whenever any proposed action of the department or agency,

 2  acting in its own interest, may conflict with the department's

 3  or agency's obligation as a trustee with a fiduciary

 4  responsibility to the client, the department or agency shall

 5  promptly present the matter to a court of competent

 6  jurisdiction for the court's determination as to what action

 7  the department or agency may take. The department or agency

 8  shall establish rules governing reasonable fees by rule for

 9  the cost of administering such accounts and for establishing

10  the minimum balance eligible to earn interest.

11         (7)  DISPOSITION OF MONEY AND PROPERTY OF CLIENTS UPON

12  ATTAINING AGE 18 OR DISCHARGE FROM CARE, CUSTODY, CONTROL, OR

13  SERVICES OF THE DEPARTMENT.--

14         (a)  Whenever a client of the department for whom the

15  department is holding money or property as a trustee attains

16  the age of 18, and thereby will no longer be in the legal

17  custody of the department, the department shall promptly

18  disburse such money and property of the client the department

19  has held as a trustee to that client, or as that client

20  directs, as soon as practicable once the client attains the

21  age of 18.

22         (b)  Whenever a client of the department over the age

23  of 18 for whom the department is holding money or property as

24  a trustee no longer requires the care, custody, control, or

25  services of the department, the department shall promptly

26  disburse such money and property of the client the department

27  has held as a trustee to that client, or as that client or a

28  court directs, as soon as practicable.

29         (c)  When a client under the age of 18 who has been in

30  the legal custody, care, or control of the department and for

31  whom the department is holding money or property as a trustee

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 1  attains the age of 18 and has a physical or mental disability,

 2  or is otherwise incapacitated or incompetent to handle that

 3  client's own financial affairs, the department shall apply for

 4  a court order from a court of competent jurisdiction to

 5  establish a trust on behalf of that client.  Where there is no

 6  willing relative of the client acceptable to the court

 7  available to serve as trustee of such proposed trust, the

 8  court may enter an order authorizing the department to serve

 9  as trustee of a separate trust under such terms and conditions

10  as the court determines appropriate to the circumstances.

11         (d)  When a client under the age of 18 who has been in

12  the legal custody, care, or control of the department and for

13  whom the department is holding money or property as a trustee

14  leaves the care, custody, and control of the department due to

15  adoption or placement of the client with a relative, or as

16  otherwise directed by a court of competent jurisdiction, the

17  department shall notify that court of the existence of the

18  money and property in the possession of the department either

19  prior to, or promptly after, receiving knowledge of the change

20  of custody, care, or control.  The department shall apply for

21  an order from the court exercising jurisdiction over the

22  client to direct the disposition of the money and property

23  belonging to that client. The court order may establish a

24  trust in which the money and property of the client will be

25  deposited, appoint a guardian of a property as to the money or

26  property of the client, or direct the creation of a Uniform

27  Transfers Gifts to Minors Act account on behalf of that

28  client, as the court finds appropriate and under the terms and

29  conditions the court determines appropriate to the

30  circumstances.

31  

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 1         Section 38.  Section 402.181, Florida Statutes, is

 2  amended to read:

 3         402.181  State Institutions Claims Program.--

 4         (1)  There is created a State Institutions Claims

 5  Program, for the purpose of making restitution for property

 6  damages and direct medical expenses for injuries caused by

 7  shelter children or foster children, or escapees, inmates, or

 8  patients of state institutions under the Department of

 9  Children and Family Services, the Department of Health, the

10  Department of Juvenile Justice, or the Department of

11  Corrections, or the Agency for Persons with Disabilities.

12         (2)  Claims for restitution may be filed with the

13  Department of Legal Affairs at its office in accordance with

14  regulations prescribed by the Department of Legal Affairs. The

15  Department of Legal Affairs shall have full power and

16  authority to hear, investigate, and determine all questions in

17  respect to such claims and is authorized, within the limits of

18  current appropriations, to pay individual claims up to $1,000

19  or, with respect to children in foster care and their

20  families, individual claims up to $1,500. Claims in excess of

21  these amounts shall continue to require legislative approval.

22         (3)(a)  The Department of Legal Affairs shall make or

23  cause to be made such investigations as it considers necessary

24  in respect to such claims. Hearings shall be held in

25  accordance with chapter 120.

26         (b)  The Department of Legal Affairs shall work with

27  the Department of Children and Family Services, the Department

28  of Health, the Department of Juvenile Justice, and the

29  Department of Corrections, and the Agency for Persons with

30  Disabilities to streamline the process of investigations,

31  hearings, and determinations with respect to claims under this

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 1  section, to ensure that eligible claimants receive restitution

 2  within a reasonable time.

 3         Section 39.  Section 402.22, Florida Statutes, is

 4  amended to read:

 5         402.22  Education program for students who reside in

 6  residential care facilities operated by the Department of

 7  Children and Family Services or the Agency for Persons with

 8  Disabilities.--

 9         (1)(a)  The Legislature recognizes that the Department

10  of Children and Family Services and the Agency for Persons

11  with Disabilities have under their has under its residential

12  care students with critical problems of physical impairment,

13  emotional disturbance, mental impairment, and learning

14  impairment.

15         (b)  The Legislature recognizes the vital role of

16  education in the rehabilitation of such students.  It is the

17  intent of the Legislature that all such students benefit from

18  educational services and receive such services.

19         (c)  It is the intent of the Legislature that

20  educational services be coordinated with appropriate and

21  existing diagnostic and evaluative, social, followup, and

22  other therapeutic services of the department and agency of

23  Children and Family Services so that the effect of the total

24  rehabilitation process is maximized.

25         (d)  It is the intent of the Legislature that, as

26  educational programs for students in residential care

27  facilities are implemented by the district school board,

28  educational personnel in the Department of Children and Family

29  Services residential care facilities who meet the

30  qualifications for employees of the district school board be

31  employed by the district school board.

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 1         (2)  District school boards shall establish educational

 2  programs for all students ages 5 through 18 under the

 3  residential care of the Department of Children and Family

 4  Services and the Agency for Persons with Disabilities, and may

 5  provide for students below age 3 as provided for in s.

 6  1003.21(1)(e). Funding of such programs shall be pursuant to

 7  s. 1011.62.

 8         (3)  Notwithstanding any provisions of chapters 39,

 9  393, 394, and 397 to the contrary, the services of the

10  Department of Children and Family Services and the Agency for

11  Persons with Disabilities and those of the Department of

12  Education and district school boards shall be mutually

13  supportive and complementary of each other. The education

14  programs provided by the district school board shall meet the

15  standards prescribed by the State Board of Education and the

16  district school board. Decisions regarding the design and

17  delivery of department or agency of Children and Family

18  Services treatment or habilitative services shall be made by

19  interdisciplinary teams of professional and paraprofessional

20  staff of which appropriate district school system

21  administrative and instructional personnel shall be invited to

22  be participating members.  The requirements for maintenance of

23  confidentiality as prescribed in chapters 39, 393, 394, and

24  397 shall be applied to information used by such

25  interdisciplinary teams, and such information shall be exempt

26  from the provisions of ss. 119.07(1) and 286.011.

27         (4)  Students age 18 and under who are under the

28  residential care of the Department of Children and Family

29  Services or the Agency for Persons with Disabilities and who

30  receive an education program shall be calculated as full-time

31  equivalent student membership in the appropriate cost factor

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 1  as provided for in s. 1011.62(1)(c). Residential care

 2  facilities of the Department of Children and Family Services

 3  shall include, but not be limited to, developmental

 4  disabilities services institutions and state mental health

 5  facilities.  All students shall receive their education

 6  program from the district school system, and funding shall be

 7  allocated through the Florida Education Finance Program for

 8  the district school system.

 9         (5)  Instructional and special educational services

10  that which are provided to mental health and retardation

11  clients with mental illness or developmental disabilities of

12  the department's or agency's in the Department of Children and

13  Family Services residential care facilities by local school

14  districts shall not be less than 180 days or 900 hours;

15  however, the 900 hours may be distributed over a 12-month

16  period, unless otherwise stated in rules developed by the

17  State Board of Education, with the concurrence of the

18  department or agency of Children and Family Services

19  promulgated pursuant to subsection (6).

20         (6)  The State Board of Education, and the Department

21  of Children and Family Services, and the Agency for Persons

22  with Disabilities may adopt shall have the authority to

23  promulgate rules to which shall assist in the orderly transfer

24  of the instruction of students from Department of Children and

25  Family Services residential care facilities to the district

26  school system or to the public education agency and which

27  shall assist in implementing the specific intent as stated in

28  this act.

29         (7)  Notwithstanding the provisions of s.

30  1001.42(4)(n), the educational program at the Marianna Sunland

31  Center in Jackson County shall be operated by the Department

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 1  of Education, either directly or through grants or contractual

 2  agreements with other public educational agencies.  The annual

 3  state allocation to any such agency shall be computed pursuant

 4  to s. 1011.62(1), (2), and (5) and allocated in the amount

 5  that would have been provided the local school district in

 6  which the residential facility is located.

 7         Section 40.  Paragraph (c) of subsection (1) and

 8  subsection (2) of section 402.33, Florida Statutes, are

 9  amended to read:

10         402.33  Department authority to charge fees for

11  services provided.--

12         (1)  As used in this section, the term:

13         (c)  "Department" means the Department of Children and

14  Family Services, and the Department of Health, and the Agency

15  for Persons with Disabilities.

16         (2)  The department, in accordance with rules

17  established by it, shall either charge, assess, or collect, or

18  cause to be charged, assessed, or collected, fees for any

19  service it provides to its clients either directly or through

20  its agencies or contractors, except for:

21         (a)  Diagnosis and evaluation procedures necessary to

22  determine the client's eligibility and need for services

23  provided by the department;

24         (b)  Customary and routine information and referral

25  services;

26         (c)  Educational services provided in lieu of public

27  education;

28         (d)  Specific services exempted by law from fee

29  assessment;

30         (e)  Emergency shelter or emergency detention care and

31  custody prior to a detention hearing under chapter 39;

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 1         (f)  Specific classes or types of services provided in

 2  programs funded by grants, donations, or contracts that

 3  prohibit charging fees;

 4         (g)  Developmental disability services provided under

 5  chapter 393 to any person who is determined to be eligible for

 6  such services by the department and whose earned income falls

 7  below the federal Health and Human Services Poverty

 8  Guidelines, unless such fees are collected from third-party

 9  benefits and benefit payments; or

10         (h)  Any type of service for which the department

11  determines that the net estimated revenue from such fees after

12  deducting any loss of funds from federal grants occasioned by

13  such fees will be less than the estimated cost to charge and

14  collect such fees.

15  

16  Fees, other than third-party benefits and benefit payments,

17  may not be charged for services provided to indigents whose

18  only sources of income are from state and federal aid.  In

19  addition, fees may not be charged parents of a minor client

20  for services requested by the minor without parental consent

21  or for services provided a minor client who has been

22  permanently committed to the care and custody of the

23  department with parental rights permanently severed. However,

24  lack of parental consent does not preclude the charging of

25  fees established under chapter 39. The department may not

26  require A client who is receiving wages that which are below

27  the minimum wage under the federal Fair Labor Standards Act

28  may not be required to pay fees from such wages.  Voluntary

29  payments for services must be encouraged.

30         Section 41.  Paragraph (s) of subsection (3) of section

31  408.036, Florida Statutes, is amended to read:

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 1         408.036  Projects subject to review; exemptions.--

 2         (3)  EXEMPTIONS.--Upon request, the following projects

 3  are subject to exemption from the provisions of subsection

 4  (1):

 5         (s)  For beds in state developmental disabilities

 6  services institutions as defined in s. 393.063.

 7         Section 42.  Paragraph (a) of subsection (2) and

 8  subsection (8) of section 409.908, Florida Statutes, are

 9  amended to read:

10         409.908  Reimbursement of Medicaid providers.--Subject

11  to specific appropriations, the agency shall reimburse

12  Medicaid providers, in accordance with state and federal law,

13  according to methodologies set forth in the rules of the

14  agency and in policy manuals and handbooks incorporated by

15  reference therein.  These methodologies may include fee

16  schedules, reimbursement methods based on cost reporting,

17  negotiated fees, competitive bidding pursuant to s. 287.057,

18  and other mechanisms the agency considers efficient and

19  effective for purchasing services or goods on behalf of

20  recipients. If a provider is reimbursed based on cost

21  reporting and submits a cost report late and that cost report

22  would have been used to set a lower reimbursement rate for a

23  rate semester, then the provider's rate for that semester

24  shall be retroactively calculated using the new cost report,

25  and full payment at the recalculated rate shall be effected

26  retroactively. Medicare-granted extensions for filing cost

27  reports, if applicable, shall also apply to Medicaid cost

28  reports. Payment for Medicaid compensable services made on

29  behalf of Medicaid eligible persons is subject to the

30  availability of moneys and any limitations or directions

31  provided for in the General Appropriations Act or chapter 216.

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 1  Further, nothing in this section shall be construed to prevent

 2  or limit the agency from adjusting fees, reimbursement rates,

 3  lengths of stay, number of visits, or number of services, or

 4  making any other adjustments necessary to comply with the

 5  availability of moneys and any limitations or directions

 6  provided for in the General Appropriations Act, provided the

 7  adjustment is consistent with legislative intent.

 8         (2)(a)1.  Reimbursement to nursing homes licensed under

 9  part II of chapter 400 and state-owned-and-operated

10  intermediate care facilities for the developmentally disabled

11  licensed under part XI of chapter 400 chapter 393 must be made

12  prospectively.

13         2.  Unless otherwise limited or directed in the General

14  Appropriations Act, reimbursement to hospitals licensed under

15  part I of chapter 395 for the provision of swing-bed nursing

16  home services must be made on the basis of the average

17  statewide nursing home payment, and reimbursement to a

18  hospital licensed under part I of chapter 395 for the

19  provision of skilled nursing services must be made on the

20  basis of the average nursing home payment for those services

21  in the county in which the hospital is located. When a

22  hospital is located in a county that does not have any

23  community nursing homes, reimbursement shall must be

24  determined by averaging the nursing home payments, in counties

25  that surround the county in which the hospital is located.

26  Reimbursement to hospitals, including Medicaid payment of

27  Medicare copayments, for skilled nursing services shall be

28  limited to 30 days, unless a prior authorization has been

29  obtained from the agency. Medicaid reimbursement may be

30  extended by the agency beyond 30 days, and approval must be

31  based upon verification by the patient's physician that the

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 1  patient requires short-term rehabilitative and recuperative

 2  services only, in which case an extension of no more than 15

 3  days may be approved. Reimbursement to a hospital licensed

 4  under part I of chapter 395 for the temporary provision of

 5  skilled nursing services to nursing home residents who have

 6  been displaced as the result of a natural disaster or other

 7  emergency may not exceed the average county nursing home

 8  payment for those services in the county in which the hospital

 9  is located and is limited to the period of time which the

10  agency considers necessary for continued placement of the

11  nursing home residents in the hospital.

12         (8)  A provider of home-based or community-based

13  services rendered pursuant to a federally approved waiver

14  shall be reimbursed based on an established or negotiated rate

15  for each service. These rates shall be established according

16  to an analysis of the expenditure history and prospective

17  budget developed by each contract provider participating in

18  the waiver program, or under any other methodology adopted by

19  the agency and approved by the Federal Government in

20  accordance with the waiver. Effective July 1, 1996, Privately

21  owned and operated community-based residential facilities

22  which meet agency requirements and which formerly received

23  Medicaid reimbursement for the optional intermediate care

24  facility for the mentally retarded service may participate in

25  the developmental services waiver as part of a

26  home-and-community-based continuum of care for Medicaid

27  recipients who receive waiver services.

28         Section 43.  Subsection (3) of section 409.9127,

29  Florida Statutes, is amended to read:

30         409.9127  Preauthorization and concurrent utilization

31  review; conflict-of-interest standards.--

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 1         (3)  The agency shall help the Agency for Persons with

 2  Disabilities Department of Children and Family Services meet

 3  the requirements of s. 393.065(4). Only admissions approved

 4  pursuant to such assessments are eligible for reimbursement

 5  under this chapter.

 6         Section 44.  Paragraph (c) of subsection (2) and

 7  subsection (5) of section 411.224, Florida Statutes, are

 8  amended to read:

 9         411.224  Family support planning process.--The

10  Legislature establishes a family support planning process to

11  be used by the Department of Children and Family Services as

12  the service planning process for targeted individuals,

13  children, and families under its purview.

14         (2)  To the extent possible within existing resources,

15  the following populations must be included in the family

16  support planning process:

17         (c)  Children from age 3 birth through age 5 who are

18  served by the Agency for Persons with Disabilities

19  Developmental Disabilities Program Office of the Department of

20  Children and Family Services.

21         (5)  There must be only a single-family support plan to

22  address the problems of the various family members unless the

23  family requests that an individual family support plan be

24  developed for different members of that family. The family

25  support plan must replace individual habilitation plans for

26  children from 3 birth through 5 years old who are served by

27  the Agency for Persons with Disabilities Developmental

28  Disabilities Program Office of the Department of Children and

29  Family Services. To the extent possible, the family support

30  plan must replace other case-planning forms used by the

31  Department of Children and Family Services.

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 1         Section 45.  Subsection (4) of section 411.232, Florida

 2  Statutes, is amended to read:

 3         411.232  Children's Early Investment Program.--

 4         (4)  RULES FOR IMPLEMENTATION.--The Department of

 5  Health and Rehabilitative Services shall adopt rules necessary

 6  to implement this section.

 7         Section 46.  Subsection (8) of section 415.102, Florida

 8  Statutes, is amended to read:

 9         415.102  Definitions of terms used in ss.

10  415.101-415.113.--As used in ss. 415.101-415.113, the term:

11         (8)  "Facility" means any location providing day or

12  residential care or treatment for vulnerable adults. The term

13  "facility" may include, but is not limited to, any hospital,

14  state institution, nursing home, assisted living facility,

15  adult family-care home, adult day care center, residential

16  facility licensed under chapter 393 group home, or mental

17  health treatment center.

18         Section 47.  Section 415.1035, Florida Statutes, is

19  amended to read:

20         415.1035  Facility's duty to inform residents of their

21  right to report abusive, neglectful, or exploitive

22  practices.--The department shall work cooperatively with the

23  Agency for Health Care Administration, the Agency for Persons

24  with Disabilities, and the Department of Elderly Affairs to

25  ensure that every facility that serves vulnerable adults

26  informs residents of their right to report abusive,

27  neglectful, or exploitive practices. Each facility must

28  establish appropriate policies and procedures to facilitate

29  such reporting.

30         Section 48.  Subsections (1) and (10) of section

31  415.1055, Florida Statutes, are amended to read:

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 1         415.1055  Notification to administrative entities.--

 2         (1)  Upon receipt of a report that alleges that an

 3  employee or agent of the department, the Agency for Persons

 4  with Disabilities, or the Department of Elderly Affairs,

 5  acting in an official capacity, has committed an act of abuse,

 6  neglect, or exploitation, the department shall notify the

 7  state attorney in whose circuit the abuse, neglect, or

 8  exploitation occurred. This notification may be oral or

 9  written.

10         (10)  When a report has been received and the

11  department has reason to believe that a vulnerable adult

12  resident of a facility licensed by the Agency for Health Care

13  Administration or the Agency for Persons with Disabilities has

14  been the victim of abuse, neglect, or exploitation, the

15  department shall provide a copy of its investigation to the

16  appropriate agency. If the investigation determines that a

17  health professional licensed or certified under the Department

18  of Health may have abused, neglected, or exploited a

19  vulnerable adult, the department shall also provide a copy to

20  the Department of Health.

21         Section 49.  Paragraphs (a) and (h) of subsection (3)

22  of section 415.107, Florida Statutes, are amended to read:

23         415.107  Confidentiality of reports and records.--

24         (3)  Access to all records, excluding the name of the

25  reporter which shall be released only as provided in

26  subsection (6), shall be granted only to the following

27  persons, officials, and agencies:

28         (a)  Employees or agents of the department, the Agency

29  for Persons with Disabilities, of the Agency for Health Care

30  Administration, or of the Department of Elderly Affairs who

31  are responsible for carrying out protective investigations,

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 1  ongoing protective services, or licensure or approval of

 2  nursing homes, assisted living facilities, adult day care

 3  centers, adult family-care homes, home care for the elderly,

 4  hospices, residential facilities licensed under chapter 393,

 5  or other facilities used for the placement of vulnerable

 6  adults.

 7         (h)  Any appropriate official of the department, the

 8  Agency for Persons with Disabilities, of the Agency for Health

 9  Care Administration, or of the Department of Elderly Affairs

10  who is responsible for:

11         1.  Administration or supervision of the programs for

12  the prevention, investigation, or treatment of abuse, neglect,

13  or exploitation of vulnerable adults when carrying out an

14  official function; or

15         2.  Taking appropriate administrative action concerning

16  an employee alleged to have perpetrated abuse, neglect, or

17  exploitation of a vulnerable adult in an institution.

18         Section 50.  Subsections (1), (2), (3), and (6) of

19  section 419.001, Florida Statutes, are amended to read:

20         419.001  Site selection of community residential

21  homes.--

22         (1)  For the purposes of this section, the term

23  following definitions shall apply:

24         (a)  "Community residential home" means a dwelling unit

25  licensed to provide serve clients of the Department of

26  Children and Family Services, which provides a living

27  environment for 7 to 14 unrelated residents who operate as the

28  functional equivalent of a family, including such supervision

29  and care by supportive staff as may be necessary to meet the

30  physical, emotional, and social needs of the residents.

31  

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 1         (b)  "Department" or "agency" means the Department of

 2  Children and Family Services, the Agency for Health Care

 3  Administration, or the Agency for Persons with Disabilities.

 4         (c)  "Local government" means a county as set forth in

 5  chapter 7 or a municipality incorporated under the provisions

 6  of chapter 165.

 7         (d)  "Resident" means any of the following: a frail

 8  elder as defined in s. 400.618; a physically disabled or

 9  handicapped person with a physical or mental impairment as

10  described as defined in s. 760.22(7)(a); a developmentally

11  disabled person with a developmental disability as defined in

12  s. 393.063; a nondangerous mentally ill person with a mental

13  illness as defined in s. 394.455(18); or a child as defined in

14  s. 39.01(14), s. 984.03(9) or (12), or s. 985.03(8).

15         (e)  "Sponsoring agency" means an agency or unit of

16  government, a profit or nonprofit agency, or any other person

17  or organization which intends to establish or operate a

18  community residential home.

19         (2)  Homes of six or fewer residents which otherwise

20  meet the definition of a community residential home shall be

21  deemed a single-family unit and a noncommercial, residential

22  use for the purpose of local laws and ordinances.  Homes of

23  six or fewer residents which otherwise meet the definition of

24  a community residential home shall be allowed in single-family

25  or multifamily zoning without approval by the local

26  government, provided that such homes shall not be located

27  within a radius of 1,000 feet of another existing such home

28  with six or fewer residents.  Such homes with six or fewer

29  residents shall not be required to comply with the

30  notification provisions of this section; provided, however,

31  that the sponsoring agency or the department notifies the

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 1  local government at the time of home occupancy that the home

 2  is licensed by the department or agency.

 3         (3)(a)  When a site for a community residential home

 4  has been selected by a sponsoring agency in an area zoned for

 5  multifamily, the sponsoring agency shall notify the chief

 6  executive officer of the local government in writing and

 7  include in such notice the specific address of the site, the

 8  residential licensing category, the number of residents, and

 9  the community support requirements of the program. Such notice

10  shall also contain a statement from the district administrator

11  of the department indicating the need for and the licensing

12  status of the proposed community residential home and

13  specifying how the home meets applicable licensing criteria

14  for the safe care and supervision of the clients in the home.

15  The department and agency district administrator shall also

16  provide to the local government the most recently published

17  data compiled that identifies all community residential homes

18  in the district of the department in which the proposed site

19  is to be located. The local government shall review the

20  notification of the sponsoring agency in accordance with the

21  zoning ordinance of the jurisdiction.

22         (b)  Pursuant to such review, the local government may:

23         1.  Determine that the siting of the community

24  residential home is in accordance with local zoning and

25  approve the siting. If the siting is approved, the sponsoring

26  agency may establish the home at the site selected.

27         2.  Fail to respond within 60 days.  If the local

28  government fails to respond within such time, the sponsoring

29  agency may establish the home at the site selected.

30         3.  Deny the siting of the home.

31  

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 1         (c)  The local government shall not deny the siting of

 2  a community residential home unless the local government

 3  establishes that the siting of the home at the site selected:

 4         1.  Does not otherwise conform to existing zoning

 5  regulations applicable to other multifamily uses in the area.

 6         2.  Does not meet applicable licensing criteria

 7  established and determined by the department or agency,

 8  including requirements that the home be located to assure the

 9  safe care and supervision of all clients in the home.

10         3.  Would result in such a concentration of community

11  residential homes in the area in proximity to the site

12  selected, or would result in a combination of such homes with

13  other residences in the community, such that the nature and

14  character of the area would be substantially altered.  A home

15  that is located within a radius of 1,200 feet of another

16  existing community residential home in a multifamily zone

17  shall be an overconcentration of such homes that substantially

18  alters the nature and character of the area.  A home that is

19  located within a radius of 500 feet of an area of

20  single-family zoning substantially alters the nature and

21  character of the area.

22         (6)  The department or agency may shall not issue a

23  license to a sponsoring agency for operation of a community

24  residential home if the sponsoring agency does not notify the

25  local government of its intention to establish a program, as

26  required by subsection (3). A license issued without

27  compliance with the provisions of this section shall be

28  considered null and void, and continued operation of the home

29  may be enjoined.

30         Section 51.  Paragraph (a) of subsection (3) of section

31  435.03, Florida Statutes, is amended to read:

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 1         435.03  Level 1 screening standards.--

 2         (3)  Standards must also ensure that the person:

 3         (a)  For employees and employers licensed or registered

 4  pursuant to chapter 400, and for employees and employers of

 5  developmental disabilities services institutions as defined in

 6  s. 393.063, intermediate care facilities for the

 7  developmentally disabled as defined in s. 400.960 s. 393.063,

 8  and mental health treatment facilities as defined in s.

 9  394.455, meets the requirements of this chapter.

10         Section 52.  Section 944.602, Florida Statutes, is

11  amended to read:

12         944.602  Agency notification of Department of Children

13  and Family Services before release of mentally retarded

14  inmates.--Before the release by parole, release by reason of

15  gain-time allowances provided for in s. 944.291, or expiration

16  of sentence of any inmate who has been diagnosed as mentally

17  retarded as defined in s. 393.063, the Department of

18  Corrections shall notify the Agency for Persons with

19  Disabilities Department of Children and Family Services in

20  order that sufficient time be allowed to notify the inmate or

21  the inmate's representative, in writing, at least 7 days prior

22  to the inmate's release, of available community services.

23         Section 53.  Subsections (2) and (3) of section

24  945.025, Florida Statutes, are amended to read:

25         945.025  Jurisdiction of department.--

26         (2)  In establishing, operating, and utilizing these

27  facilities, the department shall attempt, whenever possible,

28  to avoid the placement of nondangerous offenders who have

29  potential for rehabilitation with repeat offenders or

30  dangerous offenders. Medical, mental, and psychological

31  problems shall be diagnosed and treated whenever possible. The

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 1  Department of Children and Family Services and the Agency for

 2  Persons with Disabilities shall cooperate to ensure the

 3  delivery of services to persons under the custody or

 4  supervision of the department.  When it is the intent of the

 5  department to transfer a mentally ill or retarded prisoner to

 6  the Department of Children and Family Services or the Agency

 7  for Persons with Disabilities, an involuntary commitment

 8  hearing shall be held according to the provisions of chapter

 9  393 or chapter 394.

10         (3)  There shall be other correctional facilities,

11  including detention facilities of varying levels of security,

12  work-release facilities, and community correctional

13  facilities, halfway houses, and other approved community

14  residential and nonresidential facilities and programs;

15  however, no adult correctional facility may be established by

16  changing the use and purpose of any mental health facility or

17  mental health institution under the jurisdiction of any state

18  agency or department without authorization in the General

19  Appropriation Act or other approval by the Legislature. Any

20  facility the purpose and use of which was changed subsequent

21  to January 1, 1975, shall be returned to its original use and

22  purpose by July 1, 1977. However, the G. Pierce Wood Memorial

23  Hospital located at Arcadia, DeSoto County, may not be

24  converted into a correctional facility as long as such

25  hospital is in use as a state mental health hospital. Any

26  community residential facility may be deemed a part of the

27  state correctional system for purposes of maintaining custody

28  of offenders, and for this purpose the department may contract

29  for and purchase the services of such facilities.

30         Section 54.  Section 947.185, Florida Statutes, is

31  amended to read:

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 1         947.185  Application for mental retardation services as

 2  condition of parole.--The Parole Commission may require as a

 3  condition of parole that any inmate who has been diagnosed as

 4  mentally retarded as defined in s. 393.063 shall, upon

 5  release, apply for retardation services from the Agency for

 6  Persons with Disabilities Department of Children and Family

 7  Services.

 8         Section 55.  Subsection (3) of section 984.19, Florida

 9  Statutes, is amended to read:

10         984.19  Medical screening and treatment of child;

11  examination of parent, guardian, or person requesting

12  custody.--

13         (3)  A judge may order that a child alleged to be or

14  adjudicated a child in need of services be examined by a

15  licensed health care professional. The judge may also order

16  such child to be evaluated by a psychiatrist or a

17  psychologist, by a district school board educational needs

18  assessment team, or, if a developmental disability is

19  suspected or alleged, by a the developmental disability

20  diagnostic and evaluation team with of the Agency for Persons

21  with Disabilities Department of Children and Family Services.

22  The judge may order a family assessment if that assessment was

23  not completed at an earlier time.  If it is necessary to place

24  a child in a residential facility for such evaluation, then

25  the criteria and procedure established in s. 394.463(2) or

26  chapter 393 shall be used, whichever is applicable.  The

27  educational needs assessment provided by the district school

28  board educational needs assessment team shall include, but not

29  be limited to, reports of intelligence and achievement tests,

30  screening for learning disabilities and other handicaps, and

31  

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 1  screening for the need for alternative education pursuant to

 2  s. 1003.53.

 3         Section 56.  Subsection (8) of section 984.225, Florida

 4  Statutes, is amended to read:

 5         984.225  Powers of disposition; placement in a

 6  staff-secure shelter.--

 7         (8)  If the child requires residential mental health

 8  treatment or residential care for a developmental disability,

 9  the court shall refer the child to the Department of Children

10  and Family Services or the Agency for Persons with

11  Disabilities, as appropriate, for the provision of necessary

12  services.

13         Section 57.  Paragraph (e) of subsection (5) of section

14  984.226, Florida Statutes, is amended to read:

15         984.226  Physically secure setting.--

16         (5)

17         (e)  If the child requires residential mental health

18  treatment or residential care for a developmental disability,

19  the court shall refer the child to the Department of Children

20  and Family Services or the Agency for Persons with

21  Disabilities, as appropriate, for the provision of necessary

22  services.

23         Section 58.  Subsection (1) of section 985.224, Florida

24  Statutes, is amended to read:

25         985.224  Medical, psychiatric, psychological, substance

26  abuse, and educational examination and treatment.--

27         (1)  After a detention petition or a petition for

28  delinquency has been filed, the court may order the child

29  named in the petition to be examined by a physician. The court

30  may also order the child to be evaluated by a psychiatrist or

31  a psychologist, by a district school board educational needs

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 1  assessment team, or, if a developmental disability is

 2  suspected or alleged, by a the developmental disabilities

 3  diagnostic and evaluation team with of the Agency for Persons

 4  with Disabilities Department of Children and Family Services.

 5  If it is necessary to place a child in a residential facility

 6  for such evaluation, the criteria and procedures established

 7  in chapter 393, chapter 394, or chapter 397, whichever is

 8  applicable, shall be used.

 9         Section 59.  Section 1003.58, Florida Statutes, is

10  amended to read:

11         1003.58  Students in residential care facilities.--Each

12  district school board shall provide educational programs

13  according to rules of the State Board of Education to students

14  who reside in residential care facilities operated by the

15  Department of Children and Family Services or the Agency for

16  Persons with Disabilities.

17         (1)  The district school board shall not be charged any

18  rent, maintenance, utilities, or overhead on such facilities.

19  Maintenance, repairs, and remodeling of existing facilities

20  shall be provided by the Department of Children and Family

21  Services or the Agency for Persons with Disabilities, as

22  appropriate.

23         (2)  If additional facilities are required, the

24  district school board and the Department of Children and

25  Family Services or the Agency for Persons with Disabilities,

26  as appropriate, shall agree on the appropriate site based on

27  the instructional needs of the students.  When the most

28  appropriate site for instruction is on district school board

29  property, a special capital outlay request shall be made by

30  the commissioner in accordance with s. 1013.60. When the most

31  appropriate site is on state property, state capital outlay

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 1  funds shall be requested by the department or agency in

 2  accordance with chapter 216 of Children and Family Services as

 3  provided by s. 216.043 and shall be submitted as specified by

 4  s. 216.023. Any instructional facility to be built on state

 5  property shall have educational specifications jointly

 6  developed by the school district and the department or agency

 7  of Children and Family Services and approved by the Department

 8  of Education. The size of space and occupant design capacity

 9  criteria as provided by state board rules shall be used for

10  remodeling or new construction whether facilities are provided

11  on state property or district school board property. The

12  planning of such additional facilities shall incorporate

13  current state Department of Children and Family Services

14  deinstitutionalization goals and plans.

15         (3)  The district school board shall have full and

16  complete authority in the matter of the assignment and

17  placement of such students in educational programs. The parent

18  of an exceptional student shall have the same due process

19  rights as are provided under s. 1003.57(5).

20         (4)  The district school board shall have a written

21  agreement with the Department of Children and Family Services

22  and the Agency for Persons with Disabilities outlining the

23  respective duties and responsibilities of each party.

24  

25  Notwithstanding the provisions herein, the educational program

26  at the Marianna Sunland Center in Jackson County shall be

27  operated by the Department of Education, either directly or

28  through grants or contractual agreements with other public or

29  duly accredited educational agencies approved by the

30  Department of Education.

31         Section 60.  This act shall take effect July 1, 2006.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises various provisions relating to the Agency for
      Persons with Disabilities. Conforms statutory provisions
 4    to reflect the transfer of duties from the Developmental
      Disabilities Program Office within the Department of
 5    Children and Family Services to the Agency for Persons
      with Disabilities. Provides the agency with additional
 6    rulemaking authority. Authorizes an employee of the
      agency to own, operate, or work in a private facility
 7    that is under contract with the agency in specified
      circumstances. Establishes the Community Resources
 8    Development Loan Program for the purpose of providing
      loans to foster homes, group homes, and supported
 9    employment programs. Provides for a comprehensive
      transition education program for persons who have severe
10    or moderate maladaptive behaviors. Specifies the
      components of the program. (See bill for details.)
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