Senate Bill sb2012c1
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Florida Senate - 2006 CS for SB 2012
By the Committee on Children and Families; and Senator Baker
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1 A bill to be entitled
2 An act relating to persons with disabilities;
3 amending s. 20.197, F.S.; requiring the
4 director of the Agency for Persons with
5 Disabilities to be subject to confirmation by
6 the Senate; requiring the agency to create a
7 Division of Budget and Planning and a Division
8 of Operations; authorizing the director to
9 recommend creating additional subdivisions of
10 the agency in order to promote efficient and
11 effective operation of the agency; amending s.
12 39.001, F.S., relating to the development of a
13 comprehensive state plan for children;
14 conforming provisions to the transfer of duties
15 from the Developmental Disabilities Program
16 Office within the Department of Children and
17 Family Services to the Agency for Persons with
18 Disabilities; amending s. 39.202, F.S.;
19 providing for certain employees, agents, and
20 contract providers of the agency to have access
21 to records concerning cases of child abuse or
22 neglect for specified purposes; amending s.
23 39.407, F.S.; deleting provisions authorizing
24 the treatment of a child under ch. 393, F.S.,
25 if the child is alleged to be dependent;
26 amending s. 287.155, F.S.; authorizing the
27 agency to purchase vehicles under certain
28 circumstances; amending ss. 381.0072 and
29 383.14, F.S., relating to food service licenses
30 and the Genetics and Newborn Screening Advisory
31 Council, respectively; conforming provisions to
1
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1 the transfer of duties from the Developmental
2 Disabilities Program Office within the
3 Department of Children and Family Services to
4 the Agency for Persons with Disabilities;
5 repealing s. 393.061, F.S., relating to a short
6 title; amending s. 393.062, F.S.; revising
7 legislative findings and intent to conform to
8 changes in terminology; amending s. 393.063,
9 F.S.; revising the definitions applicable to
10 ch. 393, F.S., relating to developmental
11 disabilities; amending s. 393.064, F.S.;
12 revising the duties of the Agency for Persons
13 with Disabilities with respect to prevention
14 services, evaluations and assessments,
15 intervention services, and support services;
16 amending s. 393.0641, F.S.; defining the term
17 "severe self-injurious behavior" for purposes
18 of a program of prevention and treatment for
19 individuals exhibiting such behavior; amending
20 s. 393.065, F.S., relating to application for
21 services and the determination of eligibility
22 for services; providing for children in the
23 child welfare system to be placed at the top of
24 the agency's wait list for waiver services;
25 authorizing the agency to adopt rules; amending
26 s. 393.0651, F.S., relating to support plans
27 for families and individuals; revising the age
28 at which support plans are developed for
29 children; deleting a prohibition against
30 assessing certain fees; creating s. 393.0654,
31 F.S.; specifying circumstances under which an
2
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1 employee of the agency may own, operate, or
2 work in a private facility under contract with
3 the agency; amending s. 393.0655, F.S.;
4 revising the screening requirements for direct
5 service providers; providing a temporary
6 exemption from screening requirements for
7 certain providers; amending s. 393.0657, F.S.;
8 revising an exemption from certain requirements
9 for refingerprinting and rescreening; amending
10 s. 393.066, F.S.; revising certain requirements
11 for the services provided by the agency;
12 requiring agency approval for purchased
13 services; revising the agency's rulemaking
14 authority; amending s. 393.067, F.S.; revising
15 requirements governing the agency's licensure
16 procedures; specifying that a license from the
17 agency is not a property right; revising the
18 requirements for background screening of
19 applicants for licensure and managers,
20 supervisors, and staff members of service
21 providers; requiring that the agency adopt
22 rules governing the reporting of incidents;
23 deleting certain responsibilities of the Agency
24 for Health Care Administration with respect to
25 the development and review of emergency
26 management plans; amending s. 393.0673, F.S.;
27 requiring that the Agency for Persons with
28 Disabilities adopt rules for evaluating
29 violations and determining the amount of fines;
30 amending s. 393.0674, F.S.; providing a penalty
31 for failure by a provider to comply with
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1 background-screening requirements; amending s.
2 393.0675, F.S.; deleting certain obsolete
3 provisions requiring that a provider be of good
4 moral character; amending s. 393.0678, F.S.;
5 deleting provisions governing receivership
6 proceedings for an intermediate care facility
7 for the developmentally disabled; amending s.
8 393.068, F.S.; requiring that the family care
9 program emphasize self-determination; removing
10 supported employment from the list of services
11 available under the family care program;
12 revising certain requirements for reimbursing a
13 family care program provider; amending s.
14 393.0695, F.S., relating to in-home subsidies;
15 requiring that the Agency for Persons with
16 Disabilities adopt rules for such subsidies;
17 amending s. 393.075, F.S., relating to
18 liability coverage for facilities licensed by
19 the agency; conforming terminology; amending s.
20 393.11, F.S.; revising provisions governing the
21 involuntary admission of a person to
22 residential services; clarifying provisions
23 governing involuntary commitment; requiring
24 that a person who is charged with a felony will
25 have his or her competency determined under ch.
26 916, F.S.; conforming terminology; amending s.
27 393.122, F.S.; clarifying requirements
28 governing applications for continued
29 residential services; amending s. 393.13, F.S.,
30 relating to the Bill of Rights of Persons Who
31 are Developmentally Disabled; deleting a
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1 provision protecting minimum wage compensation
2 for certain programs; limiting the use of
3 restraint and seclusion; requiring the agency
4 to adopt rules governing the use of restraint
5 or seclusion; revising requirements for client
6 records; deleting certain requirements
7 governing local advocacy councils; allowing the
8 resident government to include disability
9 advocates from the community; amending s.
10 393.135, F.S.; redefining the terms "covered
11 person" and "sexual misconduct"; clarifying
12 provisions making such misconduct a
13 second-degree felony; amending s. 393.15, F.S.;
14 establishing the Community Resources
15 Development Loan Program to provide loans to
16 foster homes, group homes, and supported
17 employment programs; providing legislative
18 intent; providing eligibility requirements;
19 providing authorized uses of loan funds;
20 requiring that the agency adopt rules governing
21 the loan program; providing requirements for
22 repaying loans; amending s. 393.17, F.S.;
23 authorizing the agency to establish
24 certification programs for persons providing
25 services to clients; requiring that the agency
26 establish a certification program for behavior
27 analysts; requiring that the program be
28 reviewed and validated; creating s. 393.18,
29 F.S.; providing for a comprehensive transition
30 education program for persons who have severe
31 or moderate maladaptive behaviors; specifying
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1 the types of treatment and education centers
2 providing services under the program; providing
3 requirements for licensure; requiring
4 individual education plans for persons
5 receiving services; limiting the number of
6 persons who may receive services in such a
7 program; creating s. 393.23, F.S.; requiring
8 that receipts from operating canteens, vending
9 machines, and other like activities in a
10 developmental disabilities institution be
11 deposited in a trust account in a bank, credit
12 union, or savings and loan association;
13 describing how the moneys earned may be
14 expended; allowing for the investment of the
15 funds; requiring that the accounting system at
16 the institution account for the revenues and
17 expenses of the activities; requiring that
18 sales tax moneys be remitted to the Department
19 of Revenue; amending s. 393.501, F.S.; revising
20 the agency's rulemaking authority; providing
21 requirements for rules governing alternative
22 living centers and independent living education
23 centers; amending s. 394.453, F.S.; declaring
24 that the policy of the state is to achieve an
25 ongoing reduction of the use of restraint and
26 seclusion on persons with mental illness who
27 are served by programs and facilities operated,
28 licensed, or monitored by the agency; amending
29 s. 394.455, F.S.; defining the terms
30 "restraint" and "seclusion" for purposes of the
31 Baker Act; amending s. 394.457, F.S.; requiring
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1 the Department of Children and Family Services
2 to adopt rules for the use of restraint and
3 seclusion for cases handled under the Baker
4 Act; amending s. 394.879, F.S.; requiring that
5 rules be adopted for the use of restraint and
6 seclusion; amending s. 397.405, F.S.;
7 clarifying an exemption from licensure provided
8 to certain facilities licensed under ch. 393,
9 F.S.; amending s. 400.419, F.S.; requiring that
10 a list of facilities subject to sanctions or
11 fines be disseminated to the Agency for Persons
12 with Disabilities; amending s. 400.960, F.S.;
13 revising definitions for purposes of part XI of
14 ch. 400, F.S., relating to nursing homes and
15 related facilities; amending s. 400.967, F.S.,
16 relating to rules and classification
17 deficiencies; conforming provisions to the
18 transfer of duties from the Department of
19 Children and Family Services to the Agency for
20 Persons with Disabilities; requiring that rules
21 be adopted for the use of restraint and
22 seclusion; amending ss. 402.115, 402.17,
23 402.181, 402.20, 402.22, and 402.33, F.S.;
24 including the Agency for Persons with
25 Disabilities within provisions governing the
26 sharing of information, claims for the care and
27 maintenance of facility residents, county
28 contracts for services for persons with
29 developmental disabilities, education programs
30 for students who reside in state facilities,
31 and fees for services; conforming provisions to
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1 changes made by the act; amending s. 408.036,
2 F.S., relating to projects that are exempt from
3 obtaining a certificate of need; conforming
4 terminology; amending s. 409.221, F.S.,
5 relating to the consumer directed care program;
6 conforming provisions to changes made by the
7 act; amending ss. 409.908 and 409.9127, F.S.,
8 relating to the Medicaid program; conforming a
9 cross-reference; deleting obsolete provisions;
10 amending ss. 411.224 and 411.232, F.S.;
11 conforming provisions to the transfer of duties
12 from the Developmental Disabilities Program
13 Office within the Department of Children and
14 Family Services to the Agency for Persons with
15 Disabilities; amending ss. 415.102, 415.1035,
16 415.1055, and 415.107, F.S.; conforming
17 terminology; including the Agency for Persons
18 with Disabilities within provisions providing
19 requirements that a facility inform residents
20 of certain rights, notification requirements
21 for administrative entities, and requirements
22 for maintaining the confidentiality of reports
23 and records; amending s. 419.001, F.S.,
24 relating to site selection of community
25 residential homes; revising definitions;
26 amending s. 435.03, F.S., relating to screening
27 standards; conforming terminology and a
28 cross-reference; amending ss. 490.014 and
29 491.014, F.S., relating to exemptions from
30 licensure for psychologists and certain
31 specified counselors, respectively; conforming
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1 provisions to changes made by the act; amending
2 ss. 944.602, 945.025, 947.185, 984.19, 984.225,
3 984.226, and 985.224, F.S., relating to the
4 Department of Corrections, the Parole
5 Commission, children in need of services, and
6 petitions alleging delinquency; conforming
7 provisions to the transfer of duties from the
8 Developmental Disabilities Program Office
9 within the Department of Children and Family
10 Services to the Agency for Persons with
11 Disabilities; amending s. 1003.58, F.S.;
12 including facilities operated by the Agency for
13 Persons with Disabilities within provisions
14 governing the residential care of students;
15 amending ss. 17.61, and 400.464, F.S., relating
16 to the Community Resources Development Trust
17 Fund and home health services for persons with
18 disabilities, respectively; conforming
19 provisions to changes made by the act; amending
20 s. 984.22, F.S.; removing a provision that
21 specifies fines be deposited into the Community
22 Resources Development Trust Fund; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 20.197, Florida Statutes, is
28 amended to read:
29 20.197 Agency for Persons with Disabilities.--There is
30 created the Agency for Persons with Disabilities, housed
31 within the Department of Children and Family Services for
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1 administrative purposes only. The agency shall be a separate
2 budget entity not subject to control, supervision, or
3 direction by the Department of Children and Family Services in
4 any manner, including, but not limited to, personnel,
5 purchasing, transactions involving real or personal property,
6 and budgetary matters.
7 (1) The director of the agency shall be the agency
8 head for all purposes and shall be appointed by the Governor,
9 subject to confirmation by the Senate, and shall serve at the
10 pleasure of the Governor. The director shall administer the
11 affairs of the agency and establish administrative units as
12 needed and may, within available resources, employ assistants,
13 professional staff, and other employees as necessary to
14 discharge the powers and duties of the agency.
15 (2) The agency shall include a Division of Budget and
16 Planning and a Division of Operations. In addition, and in
17 accordance with s. 20.04, the director of the agency may
18 recommend establishing additional divisions, bureaus,
19 sections, and subsections of the agency in order to promote
20 efficient and effective operation of the agency.
21 (3)(2) The agency is shall be responsible for
22 providing the provision of all services provided to persons
23 with developmental disabilities under pursuant to chapter 393,
24 including the operation of all state institutional programs
25 and the programmatic management of Medicaid waivers
26 established to provide services to persons with developmental
27 disabilities.
28 (4)(3) The agency shall engage in such other
29 administrative activities as are deemed necessary to
30 effectively and efficiently address the needs of the agency's
31 clients.
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1 (5)(4) The agency shall enter into an interagency
2 agreement that delineates the responsibilities of the Agency
3 for Health Care Administration for the following:
4 (a) The terms and execution of contracts with Medicaid
5 providers for the provision of services provided through
6 Medicaid, including federally approved waiver programs.
7 (b) The billing, payment, and reconciliation of claims
8 for Medicaid services reimbursed by the agency.
9 (c) The implementation of utilization management
10 measures, including the prior authorization of services plans
11 and the streamlining and consolidation of waivers services, to
12 ensure the cost-effective provision of needed Medicaid
13 services and to maximize the number of persons with access to
14 such services.
15 (d) A system of approving each client's plan of care
16 to ensure that the services on the plan of care are those that
17 without which the client would require the services of an
18 intermediate care facility for the developmentally disabled.
19 Section 2. Paragraph (b) of subsection (7) of section
20 39.001, Florida Statutes, is amended to read:
21 39.001 Purposes and intent; personnel standards and
22 screening.--
23 (7) PLAN FOR COMPREHENSIVE APPROACH.--
24 (b) The development of the comprehensive state plan
25 shall be accomplished in the following manner:
26 1. The department shall establish an interprogram task
27 force comprised of the Program Director for Family Safety, or
28 a designee, a representative from the Child Care Services
29 Program Office, a representative from the Family Safety
30 Program Office, a representative from the Mental Health
31 Program Office, a representative from the Substance Abuse
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1 Program Office, a representative from the Agency for Persons
2 with Disabilities Developmental Disabilities Program Office,
3 and a representative from the Division of Children's Medical
4 Services Network Prevention and Intervention of the Department
5 of Health. Representatives of the Department of Law
6 Enforcement and of the Department of Education shall serve as
7 ex officio members of the interprogram task force. The
8 interprogram task force shall be responsible for:
9 a. Developing a plan of action for better coordination
10 and integration of the goals, activities, and funding
11 pertaining to the prevention of child abuse, abandonment, and
12 neglect conducted by the department in order to maximize staff
13 and resources at the state level. The plan of action shall be
14 included in the state plan.
15 b. Providing a basic format to be utilized by the
16 districts in the preparation of local plans of action in order
17 to provide for uniformity in the district plans and to provide
18 for greater ease in compiling information for the state plan.
19 c. Providing the districts with technical assistance
20 in the development of local plans of action, if requested.
21 d. Examining the local plans to determine if all the
22 requirements of the local plans have been met and, if they
23 have not, informing the districts of the deficiencies and
24 requesting the additional information needed.
25 e. Preparing the state plan for submission to the
26 Legislature and the Governor. Such preparation shall include
27 the collapsing of information obtained from the local plans,
28 the cooperative plans with the Department of Education, and
29 the plan of action for coordination and integration of
30 departmental activities into one comprehensive plan. The
31 comprehensive plan shall include a section reflecting general
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1 conditions and needs, an analysis of variations based on
2 population or geographic areas, identified problems, and
3 recommendations for change. In essence, the plan shall provide
4 an analysis and summary of each element of the local plans to
5 provide a statewide perspective. The plan shall also include
6 each separate local plan of action.
7 f. Working with the specified state agency in
8 fulfilling the requirements of subparagraphs 2., 3., 4., and
9 5.
10 2. The department, the Department of Education, and
11 the Department of Health shall work together in developing
12 ways to inform and instruct parents of school children and
13 appropriate district school personnel in all school districts
14 in the detection of child abuse, abandonment, and neglect and
15 in the proper action that should be taken in a suspected case
16 of child abuse, abandonment, or neglect, and in caring for a
17 child's needs after a report is made. The plan for
18 accomplishing this end shall be included in the state plan.
19 3. The department, the Department of Law Enforcement,
20 and the Department of Health shall work together in developing
21 ways to inform and instruct appropriate local law enforcement
22 personnel in the detection of child abuse, abandonment, and
23 neglect and in the proper action that should be taken in a
24 suspected case of child abuse, abandonment, or neglect.
25 4. Within existing appropriations, the department
26 shall work with other appropriate public and private agencies
27 to emphasize efforts to educate the general public about the
28 problem of and ways to detect child abuse, abandonment, and
29 neglect and in the proper action that should be taken in a
30 suspected case of child abuse, abandonment, or neglect. The
31
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1 plan for accomplishing this end shall be included in the state
2 plan.
3 5. The department, the Department of Education, and
4 the Department of Health shall work together on the
5 enhancement or adaptation of curriculum materials to assist
6 instructional personnel in providing instruction through a
7 multidisciplinary approach on the identification,
8 intervention, and prevention of child abuse, abandonment, and
9 neglect. The curriculum materials shall be geared toward a
10 sequential program of instruction at the four progressional
11 levels, K-3, 4-6, 7-9, and 10-12. Strategies for encouraging
12 all school districts to utilize the curriculum are to be
13 included in the comprehensive state plan for the prevention of
14 child abuse, abandonment, and neglect.
15 6. Each district of the department shall develop a
16 plan for its specific geographical area. The plan developed at
17 the district level shall be submitted to the interprogram task
18 force for utilization in preparing the state plan. The
19 district local plan of action shall be prepared with the
20 involvement and assistance of the local agencies and
21 organizations listed in paragraph (a), as well as
22 representatives from those departmental district offices
23 participating in the treatment and prevention of child abuse,
24 abandonment, and neglect. In order to accomplish this, the
25 district administrator in each district shall establish a task
26 force on the prevention of child abuse, abandonment, and
27 neglect. The district administrator shall appoint the members
28 of the task force in accordance with the membership
29 requirements of this section. In addition, the district
30 administrator shall ensure that each subdistrict is
31 represented on the task force; and, if the district does not
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1 have subdistricts, the district administrator shall ensure
2 that both urban and rural areas are represented on the task
3 force. The task force shall develop a written statement
4 clearly identifying its operating procedures, purpose, overall
5 responsibilities, and method of meeting responsibilities. The
6 district plan of action to be prepared by the task force shall
7 include, but shall not be limited to:
8 a. Documentation of the magnitude of the problems of
9 child abuse, including sexual abuse, physical abuse, and
10 emotional abuse, and child abandonment and neglect in its
11 geographical area.
12 b. A description of programs currently serving abused,
13 abandoned, and neglected children and their families and a
14 description of programs for the prevention of child abuse,
15 abandonment, and neglect, including information on the impact,
16 cost-effectiveness, and sources of funding of such programs.
17 c. A continuum of programs and services necessary for
18 a comprehensive approach to the prevention of all types of
19 child abuse, abandonment, and neglect as well as a brief
20 description of such programs and services.
21 d. A description, documentation, and priority ranking
22 of local needs related to child abuse, abandonment, and
23 neglect prevention based upon the continuum of programs and
24 services.
25 e. A plan for steps to be taken in meeting identified
26 needs, including the coordination and integration of services
27 to avoid unnecessary duplication and cost, and for alternative
28 funding strategies for meeting needs through the reallocation
29 of existing resources, utilization of volunteers, contracting
30 with local universities for services, and local government or
31 private agency funding.
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1 f. A description of barriers to the accomplishment of
2 a comprehensive approach to the prevention of child abuse,
3 abandonment, and neglect.
4 g. Recommendations for changes that can be
5 accomplished only at the state program level or by legislative
6 action.
7 Section 3. Paragraphs (a) and (h) of subsection (2) of
8 section 39.202, Florida Statutes, are amended to read:
9 39.202 Confidentiality of reports and records in cases
10 of child abuse or neglect.--
11 (2) Except as provided in subsection (4), access to
12 such records, excluding the name of the reporter which shall
13 be released only as provided in subsection (5), shall be
14 granted only to the following persons, officials, and
15 agencies:
16 (a) Employees, authorized agents, or contract
17 providers of the department, the Department of Health, the
18 Agency for Persons with Disabilities, or county agencies
19 responsible for carrying out:
20 1. Child or adult protective investigations;
21 2. Ongoing child or adult protective services;
22 3. Healthy Start services; or
23 4. Licensure or approval of adoptive homes, foster
24 homes, or child care facilities, facilities licensed under
25 chapter 393, or family day care homes or informal child care
26 providers who receive subsidized child care funding, or other
27 homes used to provide for the care and welfare of children.
28 5. Services for victims of domestic violence when
29 provided by certified domestic violence centers working at the
30 department's request as case consultants or with shared
31 clients.
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1
2 Also, employees or agents of the Department of Juvenile
3 Justice responsible for the provision of services to children,
4 pursuant to chapters 984 and 985.
5 (h) Any appropriate official of the department or the
6 Agency for Persons with Disabilities who is responsible for:
7 1. Administration or supervision of the department's
8 program for the prevention, investigation, or treatment of
9 child abuse, abandonment, or neglect, or abuse, neglect, or
10 exploitation of a vulnerable adult, when carrying out his or
11 her official function;
12 2. Taking appropriate administrative action concerning
13 an employee of the department or the agency who is alleged to
14 have perpetrated child abuse, abandonment, or neglect, or
15 abuse, neglect, or exploitation of a vulnerable adult; or
16 3. Employing and continuing employment of personnel of
17 the department or the agency.
18 Section 4. Subsection (5) of section 39.407, Florida
19 Statutes, is amended to read:
20 39.407 Medical, psychiatric, and psychological
21 examination and treatment of child; physical or mental
22 examination of parent or person requesting custody of child.--
23 (5) A judge may order a child in an out-of-home
24 placement to be treated by a licensed health care professional
25 based on evidence that the child should receive treatment.
26 The judge may also order such child to receive mental health
27 or developmental disabilities services from a psychiatrist,
28 psychologist, or other appropriate service provider. Except
29 as provided in subsection (6), if it is necessary to place the
30 child in a residential facility for such services, the
31 procedures and criteria established in s. 394.467 or chapter
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1 393 shall be used, whichever is applicable. A child may be
2 provided developmental disabilities or mental health services
3 in emergency situations, pursuant to the procedures and
4 criteria contained in s. 394.463(1) or chapter 393, whichever
5 is applicable.
6 Section 5. Section 287.155, Florida Statutes, is
7 amended to read:
8 287.155 Motor vehicles; purchase by Division of
9 Universities, Department of Children and Family Services,
10 Agency for Persons with Disabilities, Department of Health,
11 Department of Juvenile Justice, and Department of
12 Corrections.--
13 (1) The Division of Universities of the Department of
14 Education, the Department of Children and Family Services, the
15 Agency for Persons with Disabilities, the Department of
16 Health, the Department of Juvenile Justice, and the Department
17 of Corrections may are hereby authorized, subject to the
18 approval of the Department of Management Services, to purchase
19 automobiles, trucks, tractors, and other automotive equipment
20 for the use of institutions under the management of the
21 Division of Universities, the Department of Children and
22 Family Services, the Agency for Persons with Disabilities, the
23 Department of Health, and the Department of Corrections, and
24 for the use of residential facilities managed or contracted by
25 the Department of Juvenile Justice.
26 (2) The Department of Corrections shall, prior to
27 purchasing motor vehicles, seek to procure the motor vehicles
28 from those vehicles renovated pursuant to correctional work
29 programs of the Department of Corrections, and for the use of
30 residential facilities managed or contracted by the Department
31 of Juvenile Justice.
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1 (3) The Department of Health is authorized, subject to
2 the approval of the Department of Management Services, to
3 purchase automobiles, trucks, and other automotive equipment
4 for use by county health departments.
5 Section 6. Paragraph (a) of subsection (3) of section
6 381.0072, Florida Statutes, is amended to read:
7 381.0072 Food service protection.--It shall be the
8 duty of the Department of Health to adopt and enforce
9 sanitation rules consistent with law to ensure the protection
10 of the public from food-borne illness. These rules shall
11 provide the standards and requirements for the storage,
12 preparation, serving, or display of food in food service
13 establishments as defined in this section and which are not
14 permitted or licensed under chapter 500 or chapter 509.
15 (3) LICENSES REQUIRED.--
16 (a) Licenses; annual renewals.--Each food service
17 establishment regulated under this section shall obtain a
18 license from the department annually. Food service
19 establishment licenses shall expire annually and are shall not
20 be transferable from one place or individual to another.
21 However, those facilities licensed by the department's Office
22 of Licensure and Certification, the Child Care Services
23 Program Office, or the Agency for Persons with Developmental
24 Disabilities Program Office are exempt from this subsection.
25 It shall be a misdemeanor of the second degree, punishable as
26 provided in s. 381.0061, s. 775.082, or s. 775.083, for such
27 an establishment to operate without this license. The
28 department may refuse a license, or a renewal thereof, to any
29 establishment that is not constructed or maintained in
30 accordance with law and with the rules of the department.
31 Annual application for renewal is shall not be required.
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1 Section 7. Subsection (5) of section 383.14, Florida
2 Statutes, is amended to read:
3 383.14 Screening for metabolic disorders, other
4 hereditary and congenital disorders, and environmental risk
5 factors.--
6 (5) ADVISORY COUNCIL.--There is established a Genetics
7 and Newborn Screening Advisory Council made up of 15 members
8 appointed by the Secretary of Health. The council shall be
9 composed of two consumer members, three practicing
10 pediatricians, at least one of whom must be a pediatric
11 hematologist, one representative from each of the four medical
12 schools in the state, the Secretary of Health or his or her
13 designee, one representative from the Department of Health
14 representing Children's Medical Services, one representative
15 from the Florida Hospital Association, one individual with
16 experience in newborn screening programs, one individual
17 representing audiologists, and one representative from the
18 Agency for Persons with Disabilities Developmental
19 Disabilities Program Office of the Department of Children and
20 Family Services. All appointments shall be for a term of 4
21 years. The chairperson of the council shall be elected from
22 the membership of the council and shall serve for a period of
23 2 years. The council shall meet at least semiannually or upon
24 the call of the chairperson. The council may establish ad hoc
25 or temporary technical advisory groups to assist the council
26 with specific topics which come before the council. Council
27 members shall serve without pay. Pursuant to the provisions of
28 s. 112.061, the council members are entitled to be reimbursed
29 for per diem and travel expenses. It is the purpose of the
30 council to advise the department about:
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1 (a) Conditions for which testing should be included
2 under the screening program and the genetics program.
3 (b) Procedures for collection and transmission of
4 specimens and recording of results.
5 (c) Methods whereby screening programs and genetics
6 services for children now provided or proposed to be offered
7 in the state may be more effectively evaluated, coordinated,
8 and consolidated.
9 Section 8. Section 393.061, Florida Statutes, is
10 repealed.
11 Section 9. Section 393.062, Florida Statutes, is
12 amended to read:
13 393.062 Legislative findings and declaration of
14 intent.--The Legislature finds and declares that existing
15 state programs for the treatment of individuals with
16 developmental disabilities who are developmentally disabled,
17 which often unnecessarily place clients in institutions, are
18 unreasonably costly, are ineffective in bringing the
19 individual client to his or her maximum potential, and are in
20 fact debilitating to many a great majority of clients. A
21 redirection in state treatment programs for individuals with
22 developmental disabilities who are developmentally disabled is
23 necessary if any significant amelioration of the problems
24 faced by such individuals is ever to take place. Such
25 redirection should place primary emphasis on programs that
26 have the potential to prevent or reduce the severity of
27 developmental disabilities. Further, the Legislature declares
28 that greatest priority shall be given to the development and
29 implementation of community-based residential placements,
30 services that, and treatment programs for individuals who are
31 developmentally disabled which will enable such individuals
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1 with developmental disabilities to achieve their greatest
2 potential for independent and productive living, which will
3 enable them to live in their own homes or in residences
4 located in their own communities, and which will permit them
5 to be diverted or removed from unnecessary institutional
6 placements. This goal The Legislature finds that the
7 eligibility criteria for intermediate-care facilities for the
8 developmentally disabled which are specified in the Medicaid
9 state plan in effect on the effective date of this act are
10 essential to the system of residential services. The
11 Legislature declares that the goal of this act, to improve the
12 quality of life of all developmentally disabled persons by the
13 development and implementation of community-based residential
14 placements, services, and treatment, cannot be met without
15 ensuring the availability of community residential
16 opportunities for developmentally disabled persons in the
17 residential areas of this state. The Legislature, therefore,
18 declares that all persons with developmental disabilities who
19 live in licensed community homes shall have a family living
20 environment comparable to other Floridians and. The
21 Legislature intends that such residences shall be considered
22 and treated as a functional equivalent of a family unit and
23 not as an institution, business, or boarding home. The
24 Legislature further declares that, in developing
25 community-based programs and services for individuals with
26 developmental disabilities who are developmentally disabled,
27 private businesses, not-for-profit corporations, units of
28 local government, and other organizations capable of providing
29 needed services to clients in a cost-efficient manner shall be
30 given preference in lieu of operation of programs directly by
31 state agencies. Finally, it is the intent of the Legislature
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1 that all caretakers unrelated to individuals with
2 developmental disabilities receiving care shall be of good
3 moral character.
4 Section 10. Section 393.063, Florida Statutes, is
5 amended to read:
6 393.063 Definitions.--For the purposes of this
7 chapter, the term:
8 (1) "Agency" means the Agency for Persons with
9 Disabilities.
10 (2) "Autism" means a pervasive, neurologically based
11 developmental disability of extended duration which causes
12 severe learning, communication, and behavior disorders with
13 age of onset during infancy or childhood. Individuals with
14 autism exhibit impairment in reciprocal social interaction,
15 impairment in verbal and nonverbal communication and
16 imaginative ability, and a markedly restricted repertoire of
17 activities and interests.
18 (3) "Cerebral palsy" means a group of disabling
19 symptoms of extended duration which results from damage to the
20 developing brain that may occur before, during, or after birth
21 and that results in the loss or impairment of control over
22 voluntary muscles. For the purposes of this definition,
23 cerebral palsy does not include those symptoms or impairments
24 resulting solely from a stroke.
25 (4) "Client" means any person determined eligible by
26 the agency for services under this chapter.
27 (5) "Client advocate" means a friend or relative of
28 the client, or of the client's immediate family, who advocates
29 for the best interests of the client in any proceedings under
30 this chapter in which the client or his or her family has the
31 right or duty to participate.
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1 (6) "Comprehensive assessment" means the process used
2 to determine eligibility for services under this chapter.
3 (7) "Comprehensive transitional education program"
4 means the program established in s. 393.18. a group of jointly
5 operating centers or units, the collective purpose of which is
6 to provide a sequential series of educational care, training,
7 treatment, habilitation, and rehabilitation services to
8 persons who have developmental disabilities and who have
9 severe or moderate maladaptive behaviors. However, nothing in
10 this subsection shall require such programs to provide
11 services only to persons with developmental disabilities. All
12 such services shall be temporary in nature and delivered in a
13 structured residential setting with the primary goal of
14 incorporating the normalization principle to establish
15 permanent residence for persons with maladaptive behaviors in
16 facilities not associated with the comprehensive transitional
17 education program. The staff shall include psychologists and
18 teachers who shall be available to provide services in each
19 component center or unit of the program. The psychologists
20 shall be individuals who are licensed in this state and
21 certified as behavior analysts in this state, or individuals
22 who are certified as behavior analysts pursuant to s. 393.17.
23 (a) Comprehensive transitional education programs
24 shall include a minimum of two component centers or units, one
25 of which shall be either an intensive treatment and
26 educational center or a transitional training and educational
27 center, which provide services to persons with maladaptive
28 behaviors in the following sequential order:
29 1. Intensive treatment and educational center. This
30 component is a self-contained residential unit providing
31 intensive psychological and educational programming for
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1 persons with severe maladaptive behaviors, whose behaviors
2 preclude placement in a less restrictive environment due to
3 the threat of danger or injury to themselves or others.
4 2. Transitional training and educational center. This
5 component is a residential unit for persons with moderate
6 maladaptive behaviors, providing concentrated psychological
7 and educational programming emphasizing a transition toward a
8 less restrictive environment.
9 3. Community transition residence. This component is a
10 residential center providing educational programs and such
11 support services, training, and care as are needed to assist
12 persons with maladaptive behaviors to avoid regression to more
13 restrictive environments while preparing them for more
14 independent living. Continuous-shift staff shall be required
15 for this component.
16 4. Alternative living center. This component is a
17 residential unit providing an educational and family living
18 environment for persons with maladaptive behaviors, in a
19 moderately unrestricted setting. Residential staff shall be
20 required for this component.
21 5. Independent living education center. This component
22 is a facility providing a family living environment for
23 persons with maladaptive behaviors, in a largely unrestricted
24 setting which includes education and monitoring appropriate to
25 support the development of independent living skills.
26 (b) Centers or units that are components of a
27 comprehensive transitional education program are subject to
28 the license issued to the comprehensive transitional education
29 program and may be located on either single or multiple sites.
30 (c) Comprehensive transitional education programs
31 shall develop individual education plans for each person with
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1 maladaptive behaviors who receives services therein. Such
2 individual education plans shall be developed in accordance
3 with the criteria specified in 20 U.S.C. ss. 401 et seq., and
4 34 C.F.R. part 300.
5 (d) In no instance shall the total number of persons
6 with maladaptive behaviors being provided services in a
7 comprehensive transitional education program exceed 120.
8 (e) This subsection shall authorize licensure for
9 comprehensive transitional education programs which by July 1,
10 1989:
11 1. Are in actual operation; or
12 2. Own a fee simple interest in real property for
13 which a county or city government has approved zoning allowing
14 for the placement of the facilities described in this
15 subsection, and have registered an intent with the department
16 to operate a comprehensive transitional education program.
17 However, nothing shall prohibit the assignment by such a
18 registrant to another entity at a different site within the
19 state, so long as there is compliance with all criteria of the
20 comprehensive transitional education program and local zoning
21 requirements and provided that each residential facility
22 within the component centers or units of the program
23 authorized under this subparagraph shall not exceed a capacity
24 of 15 persons.
25 (8) "Day habilitation facility" means any
26 nonresidential facility which provides day habilitation
27 services.
28 (9) "Day habilitation service" means assistance with
29 the acquisition, retention, or improvement in self-help,
30 socialization, and adaptive skills which takes place in a
31 nonresidential setting, separate from the home or facility in
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1 which the individual resides. Day habilitation services shall
2 focus on enabling the individual to attain or maintain his or
3 her maximum functional level and shall be coordinated with any
4 physical, occupational, or speech therapies listed in the plan
5 of care.
6 (8)(10) "Developmental disability" means a disorder or
7 syndrome that is attributable to retardation, cerebral palsy,
8 autism, spina bifida, or Prader-Willi syndrome; that manifests
9 before the age of 18; and that constitutes a substantial
10 handicap that can reasonably be expected to continue
11 indefinitely.
12 (9)(11) "Developmental disabilities institution" means
13 a state-owned and state-operated facility, formerly known as a
14 "Sunland Center," providing for the care, habilitation, and
15 rehabilitation of clients with developmental disabilities.
16 (10)(12) "Direct service provider," also known as
17 "caregiver" in chapters 39 and 415 or "caretaker" in
18 provisions relating to employment security checks, means a
19 person 18 years of age or older who has direct face-to-face
20 contact with a client while providing services to the client
21 individuals with developmental disabilities, or has access to
22 a client's living areas or to a client's funds or personal
23 property, and is not a relative of the client such
24 individuals.
25 (11)(13) "Domicile" means the place where a client
26 legally resides, which place is his or her permanent home.
27 Domicile may be established as provided in s. 222.17. Domicile
28 may not be established in Florida by a minor who has no parent
29 domiciled in Florida, or by a minor who has no legal guardian
30 domiciled in Florida, or by any alien not classified as a
31 resident alien.
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1 (14) "Enclave" means a work station in public or
2 private business or industry where a small group of persons
3 with developmental disabilities is employed and receives
4 training and support services or follow-along services among
5 nonhandicapped workers.
6 (15) "Epilepsy" means a chronic brain disorder of
7 various causes which is characterized by recurrent seizures
8 due to excessive discharge of cerebral neurons. When found
9 concurrently with retardation, autism, or cerebral palsy,
10 epilepsy is considered a secondary disability for which the
11 client is eligible to receive services to ameliorate this
12 condition pursuant to this chapter.
13 (12)(16) "Express and informed consent" means consent
14 voluntarily given in writing with sufficient knowledge and
15 comprehension of the subject matter involved to enable the
16 person giving consent to make a knowing an understanding and
17 enlightened decision without any element of force, fraud,
18 deceit, duress, or other form of constraint or coercion.
19 (13)(17) "Family care program" means the program
20 established in s. 393.068.
21 (18) "Follow-along services" means those support
22 services provided to persons with developmental disabilities
23 in all supported employment programs and may include, but are
24 not limited to, family support, assistance in meeting
25 transportation and medical needs, employer intervention,
26 performance evaluation, advocacy, replacement, retraining or
27 promotional assistance, or other similar support services.
28 (14)(19) "Foster care facility" means a residential
29 facility licensed under this chapter which provides a family
30 living environment including supervision and care necessary to
31 meet the physical, emotional, and social needs of its
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1 residents. The capacity of such a facility may shall not be
2 more than three residents.
3 (15)(20) "Group home facility" means a residential
4 facility licensed under this chapter which provides a family
5 living environment including supervision and care necessary to
6 meet the physical, emotional, and social needs of its
7 residents. The capacity of such a facility shall be at least 4
8 but not more than 15 residents. For the purposes of this
9 chapter, group home facilities shall not be considered
10 commercial enterprises.
11 (16)(21) "Guardian advocate" means a person appointed
12 by a written order of the court to represent a person with
13 developmental disabilities under s. 393.12.
14 (17)(22) "Habilitation" means the process by which a
15 client is assisted to acquire and maintain those life skills
16 which enable the client to cope more effectively with the
17 demands of his or her condition and environment and to raise
18 the level of his or her physical, mental, and social
19 efficiency. It includes, but is not limited to, programs of
20 formal structured education and treatment.
21 (18)(23) "High-risk child" means, for the purposes of
22 this chapter, a child from 3 birth to 5 years of age with one
23 or more of the following characteristics:
24 (a) A developmental delay in cognition, language, or
25 physical development.
26 (b) A child surviving a catastrophic infectious or
27 traumatic illness known to be associated with developmental
28 delay, when funds are specifically appropriated.
29 (c) A child with a parent or guardian with
30 developmental disabilities who requires assistance in meeting
31 the child's developmental needs.
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1 (d) A child who has a physical or genetic anomaly
2 associated with developmental disability.
3 (19)(24) "Intermediate care facility for the
4 developmentally disabled" or "ICF/DD" means a residential
5 facility licensed and certified pursuant to part XI of chapter
6 400.
7 (25) "Job coach" means a person who provides
8 employment-related training at a worksite to individuals with
9 developmental disabilities.
10 (20)(26) "Medical/dental services" means medically
11 necessary those services which are provided or ordered for a
12 client by a person licensed under pursuant to the provisions
13 of chapter 458, chapter 459, or chapter 466. Such services may
14 include, but are not limited to, prescription drugs,
15 specialized therapies, nursing supervision, hospitalization,
16 dietary services, prosthetic devices, surgery, specialized
17 equipment and supplies, adaptive equipment, and other services
18 as required to prevent or alleviate a medical or dental
19 condition.
20 (27) "Mobile work crew" means a group of workers
21 employed by an agency that provides services outside the
22 agency, usually under service contracts.
23 (28) "Normalization principle" means the principle of
24 letting the client obtain an existence as close to the normal
25 as possible, making available to the client patterns and
26 conditions of everyday life which are as close as possible to
27 the norm and patterns of the mainstream of society.
28 (29) "Personal services" include, but are not limited
29 to, such services as: individual assistance with or
30 supervision of essential activities of daily living for
31 self-care, including ambulation, bathing, dressing, eating,
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1 grooming, and toileting, and other similar services that the
2 agency may define by rule. "Personal services" shall not be
3 construed to mean the provision of medical, nursing, dental,
4 or mental health services by the staff of a facility, except
5 as provided in this chapter. In addition, an emergency
6 response device installed in the apartment or living area of a
7 resident shall not be classified as a personal service.
8 (21)(30) "Prader-Willi syndrome" means an inherited
9 condition typified by neonatal hypotonia with failure to
10 thrive, hyperphagia or an excessive drive to eat which leads
11 to obesity usually at 18 to 36 months of age, mild to moderate
12 mental retardation, hypogonadism, short stature, mild facial
13 dysmorphism, and a characteristic neurobehavior.
14 (31) "Reassessment" means a process which periodically
15 develops, through annual review and revision of a client's
16 family or individual support plan, a knowledgeable statement
17 of current needs and past development for each client.
18 (22)(32) "Relative" means an individual who is
19 connected by affinity or consanguinity to the client and who
20 is 18 years of age or older more.
21 (23)(33) "Resident" means any person with
22 developmental disabilities who is developmentally disabled
23 residing at a residential facility in the state, whether or
24 not such person is a client of the agency.
25 (24)(34) "Residential facility" means a facility
26 providing room and board and personal care for persons with
27 developmental disabilities.
28 (25)(35) "Residential habilitation" means supervision
29 and training assistance provided with the acquisition,
30 retention, or improvement in skills related to activities of
31 daily living, such as personal hygiene skills grooming and
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1 cleanliness, homemaking skills bedmaking and household chores,
2 eating and the preparation of food, and th social and
3 adaptive skills necessary to enable the individual to reside
4 in the community a noninstitutional setting.
5 (26)(36) "Residential habilitation center" means a
6 community residential facility licensed under this chapter
7 which that provides residential habilitation services. The
8 capacity of such a facility shall not be fewer than nine
9 residents. After October 1, 1989, no new residential
10 habilitation centers may not shall be licensed and the
11 licensed capacity shall not be increased for any existing
12 residential habilitation center may not be increased.
13 (27)(37) "Respite service" means appropriate,
14 short-term, temporary care that is provided to a person with
15 developmental disabilities to meet the planned or emergency
16 needs of the person or the family or other direct service
17 provider.
18 (28) "Restraint" means a physical device, method, or
19 drug used to control dangerous behavior.
20 (a) A physical restraint is any manual method or
21 physical or mechanical device, material, or equipment attached
22 or adjacent to the individual's body so that he or she cannot
23 easily remove the restraint and which restricts freedom of
24 movement or normal access to one's body.
25 (b) A drug used as a restraint is a medication used to
26 control the person's behavior or to restrict his or her
27 freedom of movement and is not a standard treatment for the
28 person's medical or psychiatric condition. Physically holding
29 a person during a procedure to forcibly administer
30 psychotropic medication is a physical restraint.
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1 (c) Restraint does not include physical devices, such
2 as orthopedically prescribed appliances, surgical dressings
3 and bandages, supportive body bands, or other physical holding
4 when necessary for routine physical examinations and tests;
5 for purposes of orthopedic, surgical, or other similar medical
6 treatment; when used to provide support for the achievement of
7 functional body position or proper balance; or when used to
8 protect a person from falling out of bed.
9 (29)(38) "Retardation" means significantly subaverage
10 general intellectual functioning existing concurrently with
11 deficits in adaptive behavior and manifested during the period
12 from conception to age 18. "Significantly subaverage general
13 intellectual functioning," for the purpose of this definition,
14 means performance which is two or more standard deviations
15 from the mean score on a standardized intelligence test
16 specified in the rules of the agency. "Adaptive behavior," for
17 the purpose of this definition, means the effectiveness or
18 degree with which an individual meets the standards of
19 personal independence and social responsibility expected of
20 his or her age, cultural group, and community.
21 (30) "Seclusion" means the involuntary isolation of a
22 person in a room or area from which the person is prevented
23 from leaving. The prevention may be by physical barrier or by
24 a staff member who is acting in a manner, or who is physically
25 situated, so as to prevent the person from leaving the room or
26 area. For the purposes of this chapter, the term does not mean
27 isolation due to the medical condition or symptoms of the
28 person.
29 (31) "Self-determination" means an individual's
30 freedom to exercise the same rights as all other citizens,
31 authority to exercise control over funds needed for one's own
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1 support, including prioritizing these funds when necessary,
2 responsibility for the wise use of public funds, and self
3 advocacy to speak and advocate for oneself in order to gain
4 independence and ensure that individuals with a developmental
5 disability are treated equally.
6 (39) "Severe self-injurious behavior" means any
7 chronic behavior that results in injury to the person's own
8 body, which includes, but is not limited to, self-hitting,
9 head banging, self-biting, scratching, and the ingestion of
10 harmful or potentially harmful nutritive or nonnutritive
11 substances.
12 (32)(40) "Specialized therapies" means those
13 treatments or activities prescribed by and provided by an
14 appropriately trained, licensed, or certified professional or
15 staff person and may include, but are not limited to, physical
16 therapy, speech therapy, respiratory therapy, occupational
17 therapy, behavior therapy, physical management services, and
18 related specialized equipment and supplies.
19 (33)(41) "Spina bifida" means, for purposes of this
20 chapter, a person with a medical diagnosis of spina bifida
21 cystica or myelomeningocele.
22 (34)(42) "Support coordinator" means a person who is
23 designated by the agency to assist individuals and families in
24 identifying their capacities, needs, and resources, as well as
25 finding and gaining access to necessary supports and services;
26 coordinating the delivery of supports and services; advocating
27 on behalf of the individual and family; maintaining relevant
28 records; and monitoring and evaluating the delivery of
29 supports and services to determine the extent to which they
30 meet the needs and expectations identified by the individual,
31
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1 family, and others who participated in the development of the
2 support plan.
3 (43) "Supported employee" means a person who requires
4 and receives supported employment services in order to
5 maintain community-based employment.
6 (35)(44) "Supported employment" means employment
7 located or provided in a normal employment setting which
8 provides at least 20 hours employment per week in an
9 integrated work setting, with earnings paid on a commensurate
10 wage basis, and for which continued support is needed for job
11 maintenance.
12 (36)(45) "Supported living" means a category of
13 individually determined services designed and coordinated in
14 such a manner as to provide assistance to adult clients who
15 require ongoing supports to live as independently as possible
16 in their own homes, to be integrated into the community, and
17 to participate in community life to the fullest extent
18 possible.
19 (37)(46) "Training" means a planned approach to
20 assisting a client to attain or maintain his or her maximum
21 potential and includes services ranging from sensory
22 stimulation to instruction in skills for independent living
23 and employment.
24 (38)(47) "Treatment" means the prevention,
25 amelioration, or cure of a client's physical and mental
26 disabilities or illnesses.
27 Section 11. Subsections (1), (2), and (4) of section
28 393.064, Florida Statutes, are amended to read:
29 393.064 Prevention.--
30 (1) The agency shall give priority to the development,
31 planning, and implementation of programs which have the
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1 potential to prevent, correct, cure, or reduce the severity of
2 developmental disabilities. The agency shall direct an
3 interagency and interprogram effort for the continued
4 development of a prevention plan and program. The agency shall
5 identify, through demonstration projects, through program
6 evaluation, and through monitoring of programs and projects
7 conducted outside of the agency, any medical, social,
8 economic, or educational methods, techniques, or procedures
9 that have the potential to effectively ameliorate, correct, or
10 cure developmental disabilities. The agency program shall
11 determine the costs and benefits that would be associated with
12 such prevention efforts and shall implement, or recommend the
13 implementation of, those methods, techniques, or procedures
14 which are found likely to be cost-beneficial.
15 (2) Prevention services provided by the agency shall
16 developmental services program include services to high-risk
17 and developmentally disabled children from 3 birth to 5 years
18 of age, and their families, to meet the intent of chapter 411.
19 Except for services for children from birth to age 3 years
20 which Such services shall include individual evaluations or
21 assessments necessary to diagnose a developmental disability
22 or high-risk condition and to determine appropriate individual
23 family and support services, unless evaluations or assessments
24 are the responsibility of the Division of Children's Medical
25 Services in the Department of Health Prevention and
26 Intervention for children ages birth to 3 years eligible for
27 services under this chapter or part H of the Individuals with
28 Disabilities Education Act, such services and may include:
29 (a) Individual evaluations or assessments necessary to
30 diagnose a developmental disability or high-risk condition and
31
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1 to determine appropriate, individual family and support
2 services.
3 (b)(a) Early intervention services, including
4 developmental training and specialized therapies. Early
5 intervention services, which are the responsibility of the
6 Division of Children's Medical Services Prevention and
7 Intervention for children ages birth to 3 years who are
8 eligible for services under this chapter or under part H of
9 the Individuals with Disabilities Education Act, shall not be
10 provided through the developmental services program unless
11 funding is specifically appropriated to the developmental
12 services program for this purpose.
13 (c)(b) Support services, such as respite care, parent
14 education and training, parent-to-parent counseling, homemaker
15 services, and other services which allow families to maintain
16 and provide quality care to children in their homes. The
17 Division of Children's Medical Services Prevention and
18 Intervention is responsible for the provision of services to
19 children from birth to 3 years who are eligible for services
20 under this chapter.
21 (4) There is created at the developmental disabilities
22 services institution in Gainesville a research and education
23 unit. Such unit shall be named the Raymond C. Philips Research
24 and Education Unit. The functions of such unit shall include:
25 (a) Research into the etiology of developmental
26 disabilities.
27 (b) Ensuring that new knowledge is rapidly
28 disseminated throughout the developmental services program of
29 the agency.
30 (c) Diagnosis of unusual conditions and syndromes
31 associated with developmental disabilities in clients
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1 identified throughout the developmental disabilities services
2 programs.
3 (d) Evaluation of families of clients with
4 developmental disabilities of genetic origin in order to
5 provide them with genetic counseling aimed at preventing the
6 recurrence of the disorder in other family members.
7 (e) Ensuring that health professionals in the
8 developmental disabilities services institution at Gainesville
9 have access to information systems that will allow them to
10 remain updated on newer knowledge and maintain their
11 postgraduate education standards.
12 (f) Enhancing staff training for professionals
13 throughout the agency in the areas of genetics and
14 developmental disabilities.
15 Section 12. Section 393.0641, Florida Statutes, is
16 amended to read:
17 393.0641 Program for the prevention and treatment of
18 severe self-injurious behavior.--
19 (1) Contingent upon specific appropriations, there is
20 created a diagnostic, treatment, training, and research
21 program for clients exhibiting severe self-injurious behavior.
22 As used in this section, the term "severe self-injurious
23 behavior" means any chronic behavior that results in injury to
24 the person's own body, including, but not limited to,
25 self-hitting, head banging, self-biting, scratching, and the
26 ingestion of harmful or potentially harmful nutritive or
27 nonnutritive substances.
28 (2) The This program shall:
29 (a) Serve as a resource center for information,
30 training, and program development.
31
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1 (b) Research the diagnosis and treatment of severe
2 self-injurious behavior, and related disorders, and develop
3 methods of prevention and treatment of self-injurious
4 behavior.
5 (c) Identify individuals in critical need.
6 (d) Develop treatment programs which are meaningful to
7 individuals with developmental disabilities, in critical need,
8 while safeguarding and respecting the legal and human rights
9 of the individuals.
10 (e) Disseminate research findings on the prevention
11 and treatment of severe self-injurious behavior.
12 (f) Collect data on the type, severity, incidence, and
13 demographics of individuals with severe self-injurious
14 behavior, and disseminate the data.
15 (3)(2) The This program shall adhere to the provisions
16 of s. 393.13.
17 (4)(3) The agency may contract for the provision of
18 any portion or all of the services required by the program.
19 (5)(4) The agency may has the authority to license
20 this program and shall adopt rules to administer implement the
21 program.
22 Section 13. Subsections (1) and (4) of section
23 393.065, Florida Statutes, are amended, and subsections (5)
24 and (6) are added to that section, to read:
25 393.065 Application and eligibility determination.--
26 (1) Application for services shall be made in writing
27 to the agency, in the service area district in which the
28 applicant resides. The agency Employees of the agency's
29 developmental services program shall review each applicant for
30 eligibility within 45 days after the date the application is
31 signed for children under 6 years of age and within 60 days
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1 after the date the application is signed for all other
2 applicants. When necessary to definitively identify individual
3 conditions or needs, the agency shall provide a comprehensive
4 assessment. Only applicants individuals whose domicile is in
5 Florida are eligible for services. Information accumulated by
6 other agencies, including professional reports and collateral
7 data, shall be considered in this process when available.
8 (4) The agency shall assess the level of need and
9 medical necessity for prospective residents of
10 intermediate-care facilities for the developmentally disabled
11 after October 1, 1999. The agency may enter into an agreement
12 with the Department of Elderly Affairs for its Comprehensive
13 Assessment and Review for Long-Term-Care Services (CARES)
14 program to conduct assessments to determine the level of need
15 and medical necessity for long-term-care services under this
16 chapter. To the extent permissible under federal law, the
17 assessments shall must be funded under Title XIX of the Social
18 Security Act.
19 (5) With the exception of clients deemed to be in
20 crisis whom the agency shall serve as described in rule, the
21 agency shall place at the top of its wait list for waiver
22 services those children on the wait list who are from the
23 child welfare system with an open case in the Department of
24 Children and Family Services' statewide automated child
25 welfare information system.
26 (6) The agency may adopt rules specifying application
27 procedures and eligibility criteria as needed to administer
28 this section.
29 Section 14. Section 393.0651, Florida Statutes, is
30 amended to read:
31
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1 393.0651 Family or individual support plan.--The
2 agency shall provide directly or contract for the development
3 of a an appropriate family support plan for children ages 3
4 birth to 18 years of age and an individual support plan for
5 each client. The parent or guardian of The client or, if
6 competent, the client's parent or guardian client, or, when
7 appropriate, the client advocate, shall be consulted in the
8 development of the plan and shall receive a copy of the plan.
9 Each plan must shall include the most appropriate, least
10 restrictive, and most cost-beneficial environment for
11 accomplishment of the objectives for client progress and a
12 specification of all services authorized. The plan must shall
13 include provisions for the most appropriate level of care for
14 the client. Within the specification of needs and services for
15 each client, when residential care is necessary, the agency
16 shall move toward placement of clients in residential
17 facilities based within the client's community. The ultimate
18 goal of each plan, whenever possible, shall be to enable the
19 client to live a dignified life in the least restrictive
20 setting, be that in the home or in the community. For children
21 under 6 years of age, the family support plan shall be
22 developed within the 45-day application period as specified in
23 s. 393.065(1); for all applicants 6 years of age or older, the
24 family or individual support plan shall be developed within
25 the 60-day period as specified in that subsection.
26 (1) The agency shall develop and specify by rule the
27 core components of support plans to be used by each district.
28 (2)(a) The family or individual support plan shall be
29 integrated with the individual education plan (IEP) for all
30 clients who are public school students entitled to a free
31 appropriate public education under the Individuals with
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1 Disabilities Education Act, I.D.E.A., as amended. The family
2 or individual support plan and IEP shall be implemented to
3 maximize the attainment of educational and habilitation goals.
4 (a) If the IEP for a student enrolled in a public
5 school program indicates placement in a public or private
6 residential program is necessary to provide special education
7 and related services to a client, the local education agency
8 shall provide for the costs of that service in accordance with
9 the requirements of the Individuals with Disabilities
10 Education Act, I.D.E.A., as amended. This shall not preclude
11 local education agencies and the agency from sharing the
12 residential service costs of students who are clients and
13 require residential placement. Under no circumstances shall
14 clients entitled to a public education or their parents be
15 assessed a fee by the agency under s. 402.33 for placement in
16 a residential program.
17 (b) For clients who are entering or exiting the school
18 system, an interdepartmental staffing team composed of
19 representatives of the agency and the local school system
20 shall develop a written transitional living and training plan
21 with the participation of the client or with the parent or
22 guardian of the client, or the client advocate, as
23 appropriate.
24 (3) Each family or individual support plan shall be
25 facilitated through case management designed solely to advance
26 the individual needs of the client.
27 (4) In the development of the family or individual
28 support plan, a client advocate may be appointed by the
29 support planning team for a client who is a minor or for a
30 client who is not capable of express and informed consent
31 when:
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1 (a) The parent or guardian cannot be identified;
2 (b) The whereabouts of the parent or guardian cannot
3 be discovered; or
4 (c) The state is the only legal representative of the
5 client.
6
7 Such appointment shall not be construed to extend the powers
8 of the client advocate to include any of those powers
9 delegated by law to a legal guardian.
10 (5) The agency shall place a client in the most
11 appropriate and least restrictive, and cost-beneficial,
12 residential facility according to his or her individual
13 support habilitation plan. The parent or guardian of The
14 client or, if competent, the client's parent or guardian
15 client, or, when appropriate, the client advocate, and the
16 administrator of the residential facility to which placement
17 is proposed shall be consulted in determining the appropriate
18 placement for the client. Considerations for placement shall
19 be made in the following order:
20 (a) Client's own home or the home of a family member
21 or direct service provider.
22 (b) Foster care facility.
23 (c) Group home facility.
24 (d) Intermediate care facility for the developmentally
25 disabled.
26 (e) Other facilities licensed by the agency which
27 offer special programs for people with developmental
28 disabilities.
29 (f) Developmental disabilities services institution.
30 (6) In developing a client's annual family or
31 individual support plan, the individual or family with the
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1 assistance of the support planning team shall identify
2 measurable objectives for client progress and shall specify a
3 time period expected for achievement of each objective.
4 (7) The individual, family, and support coordinator
5 shall review progress in achieving the objectives specified in
6 each client's family or individual support plan, and shall
7 revise the plan annually, following consultation with the
8 client, if competent, or with the parent or guardian of the
9 client, or, when appropriate, the client advocate. The agency
10 or designated contractor shall annually report in writing to
11 the client, if competent, or to the parent or guardian of the
12 client, or to the client advocate, when appropriate, with
13 respect to the client's habilitative and medical progress.
14 (8) Any client, or any parent of a minor client, or
15 guardian, authorized guardian advocate, or client advocate for
16 a client, who is substantially affected by the client's
17 initial family or individual support plan, or the annual
18 review thereof, shall have the right to file a notice to
19 challenge the decision pursuant to ss. 120.569 and 120.57.
20 Notice of such right to appeal shall be included in all
21 support plans provided by the agency.
22 Section 15. Section 393.0654, Florida Statutes, is
23 created to read.
24 393.0654 Direct service providers; private sector
25 services.--It is not a violation of s. 112.313(7) for a direct
26 service provider who is employed by the agency to own,
27 operate, or work in a private facility that is a service
28 provider under contract with the agency if:
29 (1) The employee does not have any role in the
30 agency's placement recommendations or the client's
31 decisionmaking process regarding placement;
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1 (2) The direct service provider's employment with the
2 agency does not compromise the ability of the client to make a
3 voluntary choice among private providers for services;
4 (3) The employee's employment outside the agency does
5 not create a conflict with the employee's public duties and
6 does not impede the full and faithful discharge of the
7 employee's duties as assigned by the agency; and
8 (4) The service provider discloses the dual employment
9 or ownership status to the agency and all clients within the
10 provider's care. The disclosure must be given to the agency,
11 the client, and the client's guardian or guardian advocate, if
12 appropriate.
13 Section 16. Section 393.0655, Florida Statutes, is
14 amended to read:
15 393.0655 Screening of direct service providers.--
16 (1) MINIMUM STANDARDS.--The agency shall require level
17 2 employment screening pursuant to chapter 435 for direct
18 service providers who are unrelated to their clients,
19 including support coordinators, and managers and supervisors
20 of residential facilities or comprehensive transitional
21 education programs licensed under this chapter s. 393.067 and
22 any other person, including volunteers, who provide care or
23 services, who have access to a client's living areas, or who
24 have access to a client's funds or personal property.
25 Background screening shall include employment history checks
26 as provided in s. 435.03(1) and local criminal records checks
27 through local law enforcement agencies.
28 (a) A volunteer who assists on an intermittent basis
29 for less than 40 hours per month does not have to be screened
30 if the volunteer is under the direct and constant visual
31
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1 supervision of persons who meet the screening requirements of
2 this section.
3 (b) Licensed physicians, nurses, or other
4 professionals licensed and regulated by the Department of
5 Health are not subject to background screening pursuant to
6 this section if they are providing a service that is within
7 their scope of licensed practice.
8 (c) A person selected by the family or the individual
9 with developmental disabilities and paid by the family or the
10 individual to provide supports or services is not required to
11 have a background screening under this section.
12 (d) Persons 12 years of age or older, including family
13 members, residing with a the direct services provider who
14 provides services to clients in his or her own place of
15 residence, including family members, are subject to background
16 screening; however, such persons who are 12 to 18 years of age
17 shall be screened for delinquency records only.
18 (e) A direct service provider who is awaiting the
19 completion of background screening is temporarily exempt from
20 the screening requirements under this section if the provider
21 is under the direct and constant visual supervision of persons
22 who meet the screening requirements of this section. Such
23 exemption expires 90 days after the direct service provider
24 first provides care or services to clients, has access to a
25 client's living areas, or has access to a client's funds or
26 personal property.
27 (2) EXEMPTIONS FROM DISQUALIFICATION.--The agency may
28 grant exemptions from disqualification from working with
29 children or adults with developmental disabilities only as
30 provided in s. 435.07.
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1 (3) PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE
2 CRIMINAL RECORDS CHECKS.--The costs of processing fingerprints
3 and the state criminal records checks shall be borne by the
4 employer or by the employee or individual who is being
5 screened.
6 (4) TERMINATION EXCLUSION FROM OWNING, OPERATING, OR
7 BEING EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL
8 FACILITY; HEARINGS PROVIDED.--
9 (a) The agency shall deny, suspend, terminate, or
10 revoke a license, certification, rate agreement, purchase
11 order, or contract, or pursue other remedies provided in s.
12 393.0673, s. 393.0675, or s. 393.0678 in addition to or in
13 lieu of denial, suspension, termination, or revocation for
14 failure to comply with this section.
15 (b) When the agency has reasonable cause to believe
16 that grounds for denial or termination of employment exist, it
17 shall notify, in writing, the employer and the person direct
18 service provider affected, stating the specific record that
19 which indicates noncompliance with the standards in this
20 section.
21 (c) The procedures established for hearing under
22 chapter 120 shall be available to the employer and the person
23 affected direct service provider in order to present evidence
24 relating either to the accuracy of the basis of exclusion or
25 to the denial of an exemption from disqualification.
26 (d) Refusal on the part of an employer to dismiss a
27 manager, supervisor, or direct service provider who has been
28 found to be in noncompliance with standards of this section
29 shall result in automatic denial, termination, or revocation
30 of the license or, certification, rate agreement, purchase
31
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1 order, or contract, in addition to any other remedies pursued
2 by the agency.
3 Section 17. Section 393.0657, Florida Statutes, is
4 amended to read:
5 393.0657 Persons not required to be refingerprinted or
6 rescreened.--Persons who have undergone any portion of the
7 background screening required under s. 393.0655 within the
8 last 12 months are Any provision of law to the contrary
9 notwithstanding, human resource personnel who have been
10 fingerprinted or screened pursuant to chapters 393, 394, 397,
11 402, and 409, and teachers who have been fingerprinted
12 pursuant to chapter 1012, who have not been unemployed for
13 more than 90 days thereafter, and who under the penalty of
14 perjury attest to the completion of such fingerprinting or
15 screening and to compliance with the provisions of this
16 section and the standards for good moral character as
17 contained in such provisions as ss. 110.1127(3), 393.0655(1),
18 394.457(6), 397.451, 402.305(2), and 409.175(6), shall not be
19 required to repeat such screening be refingerprinted or
20 rescreened in order to comply with the any direct service
21 provider screening or fingerprinting requirements. Such
22 persons are responsible for providing documentation of the
23 screening and shall undergo screening for any remaining
24 background screening requirements that have never been
25 conducted or have not been completed within the last 12
26 months.
27 Section 18. Section 393.066, Florida Statutes, is
28 amended to read:
29 393.066 Community services and treatment for persons
30 who are developmentally disabled.--
31
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1 (1) The agency shall plan, develop, organize, and
2 implement its programs of services and treatment for persons
3 with developmental disabilities who are developmentally
4 disabled to allow clients to live as independently as possible
5 in their own homes or communities and to achieve productive
6 lives as close to normal as possible. All elements of
7 community-based services shall be made available, and
8 eligibility for these services shall be consistent across the
9 state. In addition, all purchased services shall be approved
10 by the agency.
11 (2) All services needed shall be purchased instead of
12 provided directly by the agency, when such arrangement is more
13 cost-efficient than having those services provided directly.
14 All purchased services must be approved by the agency.
15 (3) Community-based services that are medically
16 necessary to prevent institutionalization shall, to the extent
17 of available resources, include:
18 (a) Day habilitation services, including developmental
19 training services.
20 (b) Family care services.
21 (c) Guardian advocate referral services.
22 (d) Medical/dental services, except that medical
23 services shall not be provided to clients with spina bifida
24 except as specifically appropriated by the Legislature.
25 (e) Parent training.
26 (f) Recreation.
27 (g) Residential facility services.
28 (h) Respite services.
29 (i) Social services.
30 (j) Specialized therapies.
31
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1 (k) Supported employment, including enclave, job
2 coach, mobile work crew, and follow-along services.
3 (l) Supported living.
4 (m) Training, including behavioral-analysis services
5 behavioral programming.
6 (n) Transportation.
7 (o) Other habilitative and rehabilitative services as
8 needed.
9 (4) The agency shall utilize the services of private
10 businesses, not-for-profit organizations, and units of local
11 government whenever such services are more cost-efficient than
12 such services provided directly by the department, including
13 arrangements for provision of residential facilities.
14 (5) In order to improve the potential for utilization
15 of more cost-effective, community-based residential
16 facilities, the agency shall promote the statewide development
17 of day habilitation services for clients who live with a
18 direct service provider in a community-based residential
19 facility and who do not require 24-hour-a-day care in a
20 hospital or other health care institution, but who may, in the
21 absence of day habilitation services, require admission to a
22 developmental disabilities institution. Each day service
23 facility shall provide a protective physical environment for
24 clients, ensure that direct service providers meet minimum
25 screening standards as required in s. 393.0655, make available
26 to all day habilitation service participants at least one meal
27 on each day of operation, provide facilities to enable
28 participants to obtain needed rest while attending the
29 program, as appropriate, and provide social and educational
30 activities designed to stimulate interest and provide
31 socialization skills.
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1 (6) To promote independence and productivity, the
2 agency shall provide supports and services, within available
3 resources, to assist clients enrolled in Medicaid waivers who
4 choose to pursue gainful employment.
5 (7) For the purpose of making needed community-based
6 residential facilities available at the least possible cost to
7 the state, the agency is authorized to lease privately owned
8 residential facilities under long-term rental agreements, if
9 such rental agreements are projected to be less costly to the
10 state over the useful life of the facility than state purchase
11 or state construction of such a facility.
12 (8) The agency may adopt rules providing definitions,
13 eligibility criteria, and procedures for the purchase of
14 services to ensure compliance with federal laws or regulations
15 that apply to services provided pursuant to this section.
16 Section 19. Section 393.067, Florida Statutes, is
17 amended to read:
18 393.067 Facility licensure of residential facilities
19 and comprehensive transitional education programs.--
20 (1) The agency shall provide through its licensing
21 authority and by rule license-application procedures, a system
22 of provider qualifications, facility and client-care
23 standards, requirements for client records, requirements for
24 staff qualifications and training criteria for meeting
25 standards, and requirements for monitoring foster care for
26 residential facilities, group home facilities, residential
27 habilitation centers, and comprehensive transitional education
28 programs that serve agency clients. Receipt of a license under
29 this section does not create a property right in the
30 recipient. A license issued under this chapter is a public
31 trust and a privilege, and is not an entitlement. This
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1 privilege must guide the finder of fact or trier of law at any
2 administrative proceeding or court action initiated by the
3 agency.
4 (2) The agency shall conduct annual inspections and
5 reviews of residential facilities and comprehensive
6 transitional education programs licensed under this section
7 annually.
8 (3) An application for a license under this section
9 must for a residential facility or a comprehensive
10 transitional education program shall be made to the agency on
11 a form furnished by it and shall be accompanied by the
12 appropriate license fee.
13 (4) The application shall be under oath and shall
14 contain the following:
15 (a) The name and address of the applicant, if an
16 applicant is an individual; if the applicant is a firm,
17 partnership, or association, the name and address of each
18 member thereof; if the applicant is a corporation, its name
19 and address and the name and address of each director and each
20 officer thereof; and the name by which the facility or program
21 is to be known.
22 (b) The location of the facility or program for which
23 a license is sought.
24 (c) The name of the person or persons under whose
25 management or supervision the facility or program will be
26 conducted.
27 (d) The number and type of residents or clients for
28 which maintenance, care, education, or treatment is to be
29 provided by the facility or program.
30
31
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1 (e) The number and location of the component centers
2 or units which will compose the comprehensive transitional
3 education program.
4 (f) A description of the types of services and
5 treatment to be provided by the facility or program.
6 (g) Information relating to the number, experience,
7 and training of the employees of the facility or program.
8 (h) Certification that the staff of the facility or
9 program will receive training to detect and prevent sexual
10 abuse of residents and clients.
11 (i) Such other information as the agency determines is
12 necessary to carry out the provisions of this chapter.
13 (5) The applicant shall submit evidence which
14 establishes the good moral character of the manager or
15 supervisor of the facility or program and the direct service
16 providers in the facility or program and its component centers
17 or units. A license may be issued if all the screening
18 materials have been timely submitted; however, a license may
19 not be issued or renewed if any of the direct service
20 providers have failed the screening required by s. 393.0655.
21 (a)1. A licensed residential facility or comprehensive
22 transitional education program which applies for renewal of
23 its license shall submit to the agency a list of direct
24 service providers who have worked on a continuous basis at the
25 applicant facility or program since submitting fingerprints to
26 the agency or the Department of Children and Family Services,
27 identifying those direct service providers for whom a written
28 assurance of compliance was provided by the agency or
29 department and identifying those direct service providers who
30 have recently begun working at the facility or program and are
31 awaiting the results of the required fingerprint check along
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1 with the date of the submission of those fingerprints for
2 processing. The agency shall by rule determine the frequency
3 of requests to the Department of Law Enforcement to run state
4 criminal records checks for such direct service providers
5 except for those direct service providers awaiting the results
6 of initial fingerprint checks for employment at the applicant
7 facility or program. The agency shall review the records of
8 the direct service providers at the applicant facility or
9 program with respect to the crimes specified in s. 393.0655
10 and shall notify the facility or program of its findings. When
11 disposition information is missing on a criminal record, it is
12 the responsibility of the person being screened, upon request
13 of the agency, to obtain and supply within 30 days the missing
14 disposition information to the agency. Failure to supply the
15 missing information within 30 days or to show reasonable
16 efforts to obtain such information shall result in automatic
17 disqualification.
18 2. The applicant shall sign an affidavit under penalty
19 of perjury stating that all new direct service providers have
20 been fingerprinted and that the facility's or program's
21 remaining direct service providers have worked at the
22 applicant facility or program on a continuous basis since
23 being initially screened at that facility or program or have a
24 written assurance of compliance from the agency or department.
25 (5)(b) As a prerequisite for issuance of an the
26 initial or renewal license, the applicant, manager,
27 supervisor, and all staff members of the direct service
28 provider of a facility or program licensed under this section
29 must submit to background screening as required under s.
30 393.0655. A license may not be issued or renewed if the
31 applicant and any of the managers, supervisors, or direct
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1 service providers have failed background screenings as
2 required under s. 393.0655. The agency shall determine by rule
3 the frequency of background screening. The applicant shall
4 submit with each initial or renewal application a signed
5 affidavit under penalty of perjury stating that the applicant
6 is in compliance with all requirements for background
7 screening. to a residential facility or comprehensive
8 transitional education program:
9 1. The applicant shall submit to the agency a complete
10 set of fingerprints, taken by an authorized law enforcement
11 agency or an employee of the agency who is trained to take
12 fingerprints, for the manager, supervisor, or direct service
13 providers of the facility or program;
14 2. The agency shall submit the fingerprints to the
15 Department of Law Enforcement for state processing and for
16 federal processing by the Federal Bureau of Investigation; and
17 3. The agency shall review the record of the manager
18 or supervisor with respect to the crimes specified in s.
19 393.0655(1) and shall notify the applicant of its findings.
20 When disposition information is missing on a criminal record,
21 it is the responsibility of the manager or supervisor, upon
22 request of the agency, to obtain and supply within 30 days the
23 missing disposition information to the agency. Failure to
24 supply the missing information within 30 days or to show
25 reasonable efforts to obtain such information shall result in
26 automatic disqualification.
27 (c) The agency or a residential facility or
28 comprehensive transitional education program may not use the
29 criminal records or juvenile records of a person obtained
30 under this subsection for any purpose other than determining
31 if that person meets the minimum standards for good moral
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1 character for a manager or supervisor of, or direct service
2 provider in, such a facility or program. The criminal records
3 or juvenile records obtained by the agency or a residential
4 facility or comprehensive transitional education program for
5 determining the moral character of a manager, supervisor, or
6 direct service provider are exempt from s. 119.07(1).
7 (6) Each applicant for licensure as an intermediate
8 care facility for the developmentally disabled must comply
9 with the following requirements:
10 (a) Upon receipt of a completed, signed, and dated
11 application, the agency shall require background screening, in
12 accordance with the level 2 standards for screening set forth
13 in chapter 435, of the managing employee, or other similarly
14 titled individual who is responsible for the daily operation
15 of the facility, and of the financial officer, or other
16 similarly titled individual who is responsible for the
17 financial operation of the center, including billings for
18 resident care and services. The applicant must comply with
19 the procedures for level 2 background screening as set forth
20 in chapter 435, as well as the requirements of s. 435.03(3).
21 (b) The agency may require background screening of any
22 other individual who is an applicant if the agency has
23 probable cause to believe that he or she has been convicted of
24 a crime or has committed any other offense prohibited under
25 the level 2 standards for screening set forth in chapter 435.
26 (c) Proof of compliance with the level 2 background
27 screening requirements of chapter 435 which has been submitted
28 within the previous 5 years in compliance with any other
29 health care licensure requirements of this state is acceptable
30 in fulfillment of the requirements of paragraph (a).
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1 (d) A provisional license may be granted to an
2 applicant when each individual required by this section to
3 undergo background screening has met the standards for the
4 Department of Law Enforcement background check, but the agency
5 has not yet received background screening results from the
6 Federal Bureau of Investigation, or a request for a
7 disqualification exemption has been submitted to the agency as
8 set forth in chapter 435, but a response has not yet been
9 issued. A standard license may be granted to the applicant
10 upon the agency's receipt of a report of the results of the
11 Federal Bureau of Investigation background screening for each
12 individual required by this section to undergo background
13 screening which confirms that all standards have been met, or
14 upon the granting of a disqualification exemption by the
15 agency as set forth in chapter 435. Any other person who is
16 required to undergo level 2 background screening may serve in
17 his or her capacity pending the agency's receipt of the report
18 from the Federal Bureau of Investigation. However, the person
19 may not continue to serve if the report indicates any
20 violation of background screening standards and a
21 disqualification exemption has not been requested of and
22 granted by the agency as set forth in chapter 435.
23 (e) Each applicant must submit to the agency, with its
24 application, a description and explanation of any exclusions,
25 permanent suspensions, or terminations of the applicant from
26 the Medicare or Medicaid programs. Proof of compliance with
27 the requirements for disclosure of ownership and control
28 interests under the Medicaid or Medicare programs shall be
29 accepted in lieu of this submission.
30 (f) Each applicant must submit to the agency a
31 description and explanation of any conviction of an offense
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1 prohibited under the level 2 standards of chapter 435 by a
2 member of the board of directors of the applicant, its
3 officers, or any individual owning 5 percent or more of the
4 applicant. This requirement does not apply to a director of a
5 not-for-profit corporation or organization if the director
6 serves solely in a voluntary capacity for the corporation or
7 organization, does not regularly take part in the day-to-day
8 operational decisions of the corporation or organization,
9 receives no remuneration for his or her services on the
10 corporation or organization's board of directors, and has no
11 financial interest and has no family members with a financial
12 interest in the corporation or organization, provided that the
13 director and the not-for-profit corporation or organization
14 include in the application a statement affirming that the
15 director's relationship to the corporation satisfies the
16 requirements of this paragraph.
17 (g) A license may not be granted to an applicant if
18 the applicant or managing employee has been found guilty of,
19 regardless of adjudication, or has entered a plea of nolo
20 contendere or guilty to, any offense prohibited under the
21 level 2 standards for screening set forth in chapter 435,
22 unless an exemption from disqualification has been granted by
23 the agency as set forth in chapter 435.
24 (h) The agency may deny or revoke licensure if the
25 applicant:
26 1. Has falsely represented a material fact in the
27 application required by paragraph (e) or paragraph (f), or has
28 omitted any material fact from the application required by
29 paragraph (e) or paragraph (f); or
30
31
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1 2. Has had prior action taken against the applicant
2 under the Medicaid or Medicare program as set forth in
3 paragraph (e).
4 (i) An application for license renewal must contain
5 the information required under paragraphs (e) and (f).
6 (6)(7) The applicant shall furnish satisfactory proof
7 of financial ability to operate and conduct the facility or
8 program in accordance with the requirements of this chapter
9 and adopted all rules promulgated hereunder.
10 (7)(8) The agency shall adopt rules establishing
11 minimum standards for licensure of residential facilities and
12 comprehensive transitional education programs licensed under
13 this section, including rules requiring facilities and
14 programs to train staff to detect and prevent sexual abuse of
15 residents and clients, minimum standards of quality and
16 adequacy of client care, incident-reporting requirements, and
17 uniform firesafety standards established by the State Fire
18 Marshal which are appropriate to the size of the facility or
19 of the component centers or units of the program.
20 (8)(9) The agency and the Agency for Health Care
21 Administration, after consultation with the Department of
22 Community Affairs, shall adopt rules for foster care
23 residential facilities, group home facilities, and residential
24 habilitation centers which establish under the respective
25 regulatory jurisdiction of each establishing minimum standards
26 for the preparation and annual update of a comprehensive
27 emergency management plan. At a minimum, the rules must
28 provide for plan components that address emergency evacuation
29 transportation; adequate sheltering arrangements; postdisaster
30 activities, including emergency power, food, and water;
31 postdisaster transportation; supplies; staffing; emergency
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1 equipment; individual identification of residents and transfer
2 of records; and responding to family inquiries. The
3 comprehensive emergency management plan for all comprehensive
4 transitional education programs and for homes serving
5 individuals who have complex medical conditions is subject to
6 review and approval by the local emergency management agency.
7 During its review, the local emergency management agency shall
8 ensure that the agency and the Department of Community Affairs
9 following agencies, at a minimum, are given the opportunity to
10 review the plan: the Agency for Health Care Administration,
11 the Agency for Persons with Disabilities, and the Department
12 of Community Affairs. Also, appropriate volunteer
13 organizations must be given the opportunity to review the
14 plan. The local emergency management agency shall complete its
15 review within 60 days and either approve the plan or advise
16 the facility of necessary revisions.
17 (9)(10) The agency may conduct unannounced inspections
18 to determine compliance by foster care residential facilities,
19 group home facilities, residential habilitation centers, and
20 comprehensive transitional education programs with the
21 applicable provisions of this chapter and the rules adopted
22 pursuant hereto, including the rules adopted for training
23 staff of a facility or a program to detect and prevent sexual
24 abuse of residents and clients. The facility or program shall
25 make copies of inspection reports available to the public upon
26 request.
27 (11) An alternative living center and an independent
28 living education center, as defined in s. 393.063, shall be
29 subject to the provisions of s. 419.001, except that such
30 centers shall be exempt from the 1,000-foot-radius requirement
31 of s. 419.001(2) if:
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1 (a) Such centers are located on a site zoned in a
2 manner so that all the component centers of a comprehensive
3 transition education center may be located thereon; or
4 (b) There are no more than three such centers within
5 said radius of 1,000 feet.
6 (10)(12) Each residential facility or comprehensive
7 transitional education program licensed under this section by
8 the agency shall forward annually to the agency a true and
9 accurate sworn statement of its costs of providing care to
10 clients funded by the agency.
11 (11)(13) The agency may audit the records of any
12 residential facility or comprehensive transitional education
13 program that it has reason to believe may not be in full
14 compliance with the provisions of this section; provided that,
15 any financial audit of such facility or program shall be
16 limited to the records of clients funded by the agency.
17 (12)(14) The agency shall establish, for the purpose
18 of control of licensure costs, a uniform management
19 information system and a uniform reporting system with uniform
20 definitions and reporting categories.
21 (13)(15) Facilities and programs licensed pursuant to
22 this section shall adhere to all rights specified in s.
23 393.13, including those enumerated in s. 393.13(4).
24 (14)(16) An No unlicensed residential facility or
25 comprehensive transitional education program may not shall
26 receive state funds. A license for the operation of a
27 facility or program shall not be renewed if the licensee has
28 any outstanding fines assessed pursuant to this chapter
29 wherein final adjudication of such fines has been entered.
30 (15)(17) The agency is shall not be required to
31 contract with new facilities licensed after October 1, 1989,
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1 pursuant to this chapter. Pursuant to chapter 287, the agency
2 shall continue to contract within available resources for
3 residential services with facilities licensed prior to October
4 1, 1989, if such facilities comply with the provisions of this
5 chapter and all other applicable laws and regulations.
6 Section 20. Subsections (1) and (2) of section
7 393.0673, Florida Statutes, are amended, and subsection (5) is
8 added to that section, to read:
9 393.0673 Denial, suspension, revocation of license;
10 moratorium on admissions; administrative fines; procedures.--
11 (1) The agency may deny, revoke, or suspend a license
12 or impose an administrative fine, not to exceed $1,000 per
13 violation per day, for a violation of any provision of s.
14 393.0655 or s. 393.067 or adopted rules adopted pursuant
15 thereto. All hearings shall be held within the county in which
16 the licensee or applicant operates or applies for a license to
17 operate a facility as defined herein.
18 (2) The agency, as a part of any final order issued by
19 it pursuant to under the provisions of this chapter, may
20 impose such fine as it deems proper, except that such fine may
21 not exceed $1,000 for each violation. Each day a violation of
22 this chapter occurs constitutes a separate violation and is
23 subject to a separate fine, but in no event may the aggregate
24 amount of any fine exceed $10,000. Fines paid by any facility
25 licensee under the provisions of this subsection shall be
26 deposited in the Resident Protection Trust Fund and expended
27 as provided in s. 400.063.
28 (5) The agency shall establish by rule criteria for
29 evaluating the severity of violations and for determining the
30 amount of fines imposed.
31
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1 Section 21. Subsection (1) of section 393.0674,
2 Florida Statutes, is amended to read:
3 393.0674 Penalties.--
4 (1) It is a misdemeanor of the first degree,
5 punishable as provided in s. 775.082 or s. 775.083, for any
6 person willfully, knowingly, or intentionally to:
7 (a) Fail, by false statement, misrepresentation,
8 impersonation, or other fraudulent means, to disclose in any
9 application for voluntary or paid employment a material fact
10 used in making a determination as to such person's
11 qualifications to be a direct service provider;
12 (b) Provide or attempt to provide supports or services
13 with direct service providers who are not in compliance
14 noncompliance with the background-screening requirements
15 minimum standards for good moral character as contained in
16 this chapter; or
17 (c) Use information from the criminal records or
18 central abuse hotline obtained under s. 393.0655, s. 393.066,
19 or s. 393.067 for any purpose other than screening that person
20 for employment as specified in those sections or release such
21 information to any other person for any purpose other than
22 screening for employment as specified in those sections.
23 Section 22. Subsection (3) of section 393.0675,
24 Florida Statutes, is amended to read:
25 393.0675 Injunctive proceedings authorized.--
26 (3) The agency may institute proceedings for an
27 injunction in a court of competent jurisdiction to terminate
28 the operation of a provider of supports or services if such
29 provider has willfully and knowingly refused to comply with
30 the screening requirement for direct service providers or has
31 refused to terminate direct service providers found not to be
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1 in compliance with such the requirements for good moral
2 character.
3 Section 23. Subsection (1) of section 393.0678,
4 Florida Statutes, is amended to read:
5 393.0678 Receivership proceedings.--
6 (1) The agency may petition a court of competent
7 jurisdiction for the appointment of a receiver for an
8 intermediate care facility for the developmentally disabled, a
9 residential habilitation center, or a group home facility
10 owned and operated by a corporation or partnership when any of
11 the following conditions exist:
12 (a) Any person is operating a facility without a
13 license and refuses to make application for a license as
14 required by s. 393.067 or, in the case of an intermediate care
15 facility for the developmentally disabled, as required by ss.
16 393.067 and 400.062.
17 (b) The licensee is closing the facility or has
18 informed the department that it intends to close the facility;
19 and adequate arrangements have not been made for relocation of
20 the residents within 7 days, exclusive of weekends and
21 holidays, of the closing of the facility.
22 (c) The agency determines that conditions exist in the
23 facility which present an imminent danger to the health,
24 safety, or welfare of the residents of the facility or which
25 present a substantial probability that death or serious
26 physical harm would result therefrom. Whenever possible, the
27 agency shall facilitate the continued operation of the
28 program.
29 (d) The licensee cannot meet its financial obligations
30 to provide food, shelter, care, and utilities. Evidence such
31 as the issuance of bad checks or the accumulation of
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1 delinquent bills for such items as personnel salaries, food,
2 drugs, or utilities constitutes prima facie evidence that the
3 ownership of the facility lacks the financial ability to
4 operate the home in accordance with the requirements of this
5 chapter and all rules promulgated thereunder.
6 Section 24. Subsections (1), (2), (3), and (5) of
7 section 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 (2) Services and support authorized under the family
23 care this program shall, to the extent of available resources,
24 include the services listed under s. 393.066 and, in addition,
25 shall include, but not be limited to:
26 (a) Attendant care.
27 (b) Barrier-free modifications to the home.
28 (c) Home visitation by agency workers.
29 (d) In-home subsidies.
30 (e) Low-interest loans.
31
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1 (f) Modifications for vehicles used to transport the
2 individual with a developmental disability.
3 (g) Facilitated communication.
4 (h) Family counseling.
5 (i) Equipment and supplies.
6 (j) Self-advocacy training.
7 (k) Roommate services.
8 (l) Integrated community activities.
9 (m) Emergency services.
10 (n) Support coordination.
11 (o) Supported employment.
12 (o)(p) Other support services as identified by the
13 family or individual.
14 (3) When it is determined by the agency to be more
15 cost-effective and in the best interest of the client to
16 maintain such client in the home of a direct service provider,
17 the parent or guardian of the client or, if competent, the
18 client may enroll the client in the family care program. The
19 direct service provider of a client enrolled in the family
20 care program shall be reimbursed according to a rate schedule
21 set by the agency, except that. in-home subsidies cited in
22 paragraph (2)(d) shall be provided in accordance with
23 according to s. 393.0695 and are not subject to any other
24 payment method or rate schedule provided for in this section.
25 (5) The agency may contract for the provision of any
26 portion of the services required by the program, except for
27 in-home subsidies cited in paragraph (2)(d), which shall be
28 provided pursuant to s. 393.0695. Otherwise, purchase of
29 service contracts shall be used whenever the services so
30 provided are more cost-efficient than those provided by the
31 agency.
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1 Section 25. Subsection (3) of section 393.0695,
2 Florida Statutes, is amended, and subsection (5) is added to
3 that section, to read:
4 393.0695 Provision of in-home subsidies.--
5 (3) In-home subsidies must be based on an individual
6 determination of need and must not exceed maximum amounts set
7 by the agency and reassessed by the agency quarterly annually.
8 (5) The agency shall adopt rules to administer this
9 section, including standards and procedures governing
10 eligibility for services, selection of housing, selection of
11 providers, and planning for services, and requirements for
12 ongoing monitoring.
13 Section 26. Subsection (2) of section 393.075, Florida
14 Statutes, is amended to read:
15 393.075 General liability coverage.--
16 (2) The Division of Risk Management of the Department
17 of Financial Services shall provide coverage through the
18 agency to any person who owns or operates a foster care
19 facility or group home facility solely for the agency, who
20 cares for children placed by developmental services staff of
21 the agency, and who is licensed pursuant to s. 393.067 to
22 provide such supervision and care in his or her place of
23 residence. The coverage shall be provided from the general
24 liability account of the State Risk Management Trust Fund. The
25 coverage is limited to general liability claims arising from
26 the provision of supervision and care of children in a foster
27 care facility or group home facility pursuant to an agreement
28 with the agency and pursuant to guidelines established through
29 policy, rule, or statute. Coverage shall be subject to the
30 limits provided in ss. 284.38 and 284.385, and the exclusions
31 set forth therein, together with other exclusions as may be
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1 set forth in the certificate of coverage issued by the trust
2 fund. A person covered under the general liability account
3 pursuant to this subsection shall immediately notify the
4 Division of Risk Management of the Department of Financial
5 Services of any potential or actual claim.
6 Section 27. Section 393.11, Florida Statutes, is
7 amended to read:
8 393.11 Involuntary admission to residential
9 services.--
10 (1) JURISDICTION.--When a person who has been
11 determined eligible for services for mental retardation under
12 this chapter is mentally retarded and requires involuntary
13 admission to residential services provided by the agency, the
14 circuit court of the county in which the person resides shall
15 have jurisdiction to conduct a hearing and enter an order
16 involuntarily admitting the person in order that the person
17 may receive the care, treatment, habilitation, and
18 rehabilitation which the person needs. For the purpose of
19 identifying mental retardation, diagnostic capability shall be
20 established by the agency. The involuntary commitment of a
21 person with mental retardation or autism who is charged with a
22 felony offense shall be determined in accordance with s.
23 916.302. Except as otherwise specified, the proceedings under
24 this section shall be governed by the Florida Rules of Civil
25 Procedure.
26 (2) PETITION.--
27 (a) A petition for involuntary admission to
28 residential services may be executed by a petitioning
29 commission. For proposed involuntary admission to residential
30 services arising out of chapter 916, the petition may be filed
31 by a petitioning commission, the agency, the state attorney of
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1 the circuit from which the defendant was committed, or the
2 defendant's attorney.
3 (b) The petitioning commission shall consist of three
4 persons. One of these persons shall be a physician licensed
5 and practicing under chapter 458 or chapter 459.
6 (c) The petition shall be verified and shall:
7 1. State the name, age, and present address of the
8 commissioners and their relationship to the person with mental
9 retardation or autism;
10 2. State the name, age, county of residence, and
11 present address of the person with mental retardation or
12 autism;
13 3. Allege that the commission believes that the person
14 needs involuntary residential services and specify the factual
15 information on which the such belief is based;
16 4. Allege that the person lacks sufficient capacity to
17 give express and informed consent to a voluntary application
18 for services and lacks the basic survival and self-care skills
19 to provide for the person's well-being or is likely to
20 physically injure others if allowed to remain at liberty; and
21 5. State which residential setting is the least
22 restrictive and most appropriate alternative and specify the
23 factual information on which the such belief is based.
24 (d) The petition shall be filed in the circuit court
25 of the county in which the person with mental retardation or
26 autism resides.
27 (3) NOTICE.--
28 (a) Notice of the filing of the petition shall be
29 given to the individual and his or her legal guardian. The
30 notice shall be given both verbally and in writing in the
31 language of the client, or in other modes of communication of
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1 the client, and in English. Notice shall also be given to such
2 other persons as the court may direct. The petition for
3 involuntary admission to residential services shall be served
4 with the notice.
5 (b) Whenever a motion or petition has been filed
6 pursuant to s. 916.303 to dismiss criminal charges against a
7 defendant with retardation or autism, and a petition is filed
8 to involuntarily admit the defendant to residential services
9 under this section, the notice of the filing of the petition
10 shall also be given to the defendant's attorney, and to the
11 state attorney of the circuit from which the defendant was
12 committed, and the agency.
13 (c) The notice shall state that a hearing shall be set
14 to inquire into the need of the person with mental retardation
15 or autism for involuntary residential services. The notice
16 shall also state the date of the hearing on the petition.
17 (d) The notice shall state that the individual with
18 mental retardation or autism has the right to be represented
19 by counsel of his or her own choice and that, if the person
20 cannot afford an attorney, the court shall appoint one.
21 (4) AGENCY DEVELOPMENTAL SERVICES PARTICIPATION.--
22 (a) Upon receiving the petition, the court shall
23 immediately order the developmental services program of the
24 agency to examine the person being considered for involuntary
25 admission to residential services.
26 (b) Following examination, the agency shall file After
27 the developmental services program examines the person, a
28 written report shall be filed with the court not less than 10
29 working days before the date of the hearing. The report must
30 shall be served on the petitioner, the person with mental
31
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1 retardation, and the person's attorney at the time the report
2 is filed with the court.
3 (c) The report must shall contain the findings of the
4 agency's developmental services program evaluation, and any
5 recommendations deemed appropriate, and a determination of
6 whether the person is eligible for services under this
7 chapter.
8 (5) EXAMINING COMMITTEE.--
9 (a) Upon receiving the petition, the court shall
10 immediately appoint an examining committee to examine the
11 person being considered for involuntary admission to
12 residential services provided by of the developmental services
13 program of the agency.
14 (b) The court shall appoint no fewer than three
15 disinterested experts who have demonstrated to the court an
16 expertise in the diagnosis, evaluation, and treatment of
17 persons with mental retardation. The committee must shall
18 include at least one licensed and qualified physician, one
19 licensed and qualified psychologist, and one qualified
20 professional with a minimum of a masters degree in social
21 work, special education, or vocational rehabilitation
22 counseling, to examine the person and to testify at the
23 hearing on the involuntary admission to residential services.
24 (c) Counsel for the person who is being considered for
25 involuntary admission to residential services and counsel for
26 the petition commission has shall have the right to challenge
27 the qualifications of those appointed to the examining
28 committee.
29 (d) Members of the committee may shall not be
30 employees of the agency or be associated with each other in
31 practice or in employer-employee relationships. Members of
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1 the committee may shall not have served as members of the
2 petitioning commission. Members of the committee may shall
3 not be employees of the members of the petitioning commission
4 or be associated in practice with members of the commission.
5 (e) The committee shall prepare a written report for
6 the court. The report must shall explicitly document the
7 extent that the person meets the criteria for involuntary
8 admission. The report, and expert testimony, must shall
9 include, but not be limited to:
10 1. The degree of the person's mental retardation and
11 whether, using diagnostic capabilities established by the
12 agency, the person is eligible for agency services;
13 2. Whether, because of the person's degree of mental
14 retardation, the person:
15 a. Lacks sufficient capacity to give express and
16 informed consent to a voluntary application for services
17 pursuant to s. 393.065;
18 b. Lacks basic survival and self-care skills to such a
19 degree that close supervision and habilitation in a
20 residential setting is necessary and if not provided would
21 result in a real and present threat of substantial harm to the
22 person's well-being; or
23 c. Is likely to physically injure others if allowed to
24 remain at liberty.
25 3. The purpose to be served by residential care;
26 4. A recommendation on the type of residential
27 placement which would be the most appropriate and least
28 restrictive for the person; and
29 5. The appropriate care, habilitation, and treatment.
30 (f) The committee shall file the report with the court
31 not less than 10 working days before the date of the hearing.
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1 The report shall be served on the petitioner, the person with
2 mental retardation, and the person's attorney at the time the
3 report is filed with the court, and the agency.
4 (g) Members of the examining committee shall receive a
5 reasonable fee to be determined by the court. The fees are to
6 be paid from the general revenue fund of the county in which
7 the person with mental retardation resided when the petition
8 was filed.
9 (h) The agency shall develop and prescribe by rule one
10 or more standard forms to be used as a guide for members of
11 the examining committee.
12 (6) COUNSEL; GUARDIAN AD LITEM.--
13 (a) The person with mental retardation shall be
14 represented by counsel at all stages of the judicial
15 proceeding. In the event the person is indigent and cannot
16 afford counsel, the court shall appoint a public defender not
17 less than 20 working days before the scheduled hearing. The
18 person's counsel shall have full access to the records of the
19 service provider and the agency. In all cases, the attorney
20 shall represent the rights and legal interests of the person
21 with mental retardation, regardless of who may initiate the
22 proceedings or pay the attorney's fee.
23 (b) If the attorney, during the course of his or her
24 representation, reasonably believes that the person with
25 mental retardation cannot adequately act in his or her own
26 interest, the attorney may seek the appointment of a guardian
27 ad litem. A prior finding of incompetency is not required
28 before a guardian ad litem is appointed pursuant to this
29 section.
30 (7) HEARING.--
31
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1 (a) The hearing for involuntary admission shall be
2 conducted, and the order shall be entered, in the county in
3 which the petition is filed person is residing or be as
4 convenient to the person as may be consistent with orderly
5 procedure. The hearing shall be conducted in a physical
6 setting not likely to be injurious to the person's condition.
7 (b) A hearing on the petition must shall be held as
8 soon as practicable after the petition is filed, but
9 reasonable delay for the purpose of investigation, discovery,
10 or procuring counsel or witnesses shall be granted.
11 (c) The court may appoint a general or special
12 magistrate to preside. Except as otherwise specified, the
13 magistrate's proceeding shall be governed by the rule 1.490,
14 Florida Rules of Civil Procedure.
15 (d) The person with mental retardation shall be
16 physically present throughout the entire proceeding. If the
17 person's attorney believes that the person's presence at the
18 hearing is not in the person's best interest, the person's
19 presence may be waived once the court has seen the person and
20 the hearing has commenced.
21 (e) The person has shall have the right to present
22 evidence and to cross-examine all witnesses and other evidence
23 alleging the appropriateness of the person's admission to
24 residential care. Other relevant and material evidence
25 regarding the appropriateness of the person's admission to
26 residential services; the most appropriate, least restrictive
27 residential placement; and the appropriate care, treatment,
28 and habilitation of the person, including written or oral
29 reports, may be introduced at the hearing by any interested
30 person.
31
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1 (f) The petitioning commission may be represented by
2 counsel at the hearing. The petitioning commission shall have
3 the right to call witnesses, present evidence, cross-examine
4 witnesses, and present argument on behalf of the petitioning
5 commission.
6 (g) All evidence shall be presented according to
7 chapter 90. The burden of proof shall be on the party
8 alleging the appropriateness of the person's admission to
9 residential services. The burden of proof shall be by clear
10 and convincing evidence.
11 (h) All stages of each proceeding shall be
12 stenographically reported.
13 (8) ORDER.--
14 (a) In all cases, the court shall issue written
15 findings of fact and conclusions of law to support its
16 decision. The order must shall state the basis for the such
17 findings of fact.
18 (b) An order of involuntary admission to residential
19 services may shall not be entered unless the court finds that:
20 1. The person is mentally retarded or autistic;
21 2. Placement in a residential setting is the least
22 restrictive and most appropriate alternative to meet the
23 person's needs; and
24 3. Because of the person's degree of mental
25 retardation or autism, the person:
26 a. Lacks sufficient capacity to give express and
27 informed consent to a voluntary application for services
28 pursuant to s. 393.065 and lacks basic survival and self-care
29 skills to such a degree that close supervision and
30 habilitation in a residential setting is necessary and, if not
31
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1 provided, would result in a real and present threat of
2 substantial harm to the person's well-being; or
3 b. Is likely to physically injure others if allowed to
4 remain at liberty.
5 (c) If the evidence presented to the court is not
6 sufficient to warrant involuntary admission to residential
7 services, but the court feels that residential services would
8 be beneficial, the court may recommend that the person seek
9 voluntary admission.
10 (d) If an order of involuntary admission to
11 residential services provided by the developmental services
12 program of the agency is entered by the court, a copy of the
13 written order shall be served upon the person, the person's
14 counsel, the agency, and the state attorney and the person's
15 defense counsel, if applicable. The order of involuntary
16 admission sent to the agency shall also be accompanied by a
17 copy of the examining committee's report and other reports
18 contained in the court file.
19 (e) Upon receiving the order, the agency shall, within
20 45 days, provide the court with a copy of the person's family
21 or individual support plan and copies of all examinations and
22 evaluations, outlining the treatment and rehabilitative
23 programs. The agency shall document that the person has been
24 placed in the most appropriate, least restrictive and
25 cost-beneficial residential setting facility. A copy of the
26 family or individual support plan and other examinations and
27 evaluations shall be served upon the person and the person's
28 counsel at the same time the documents are filed with the
29 court.
30 (9) EFFECT OF THE ORDER OF INVOLUNTARY ADMISSION TO
31 RESIDENTIAL SERVICES.--
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1 (a) In no case shall An order authorizing an admission
2 to residential care may not be considered an adjudication of
3 mental incompetency. A No person is not shall be presumed
4 incompetent solely by reason of the person's involuntary
5 admission to residential services. A No person may not shall
6 be denied the full exercise of all legal rights guaranteed to
7 citizens of this state and of the United States.
8 (b) Any minor involuntarily admitted to residential
9 services shall, upon reaching majority, be given a hearing to
10 determine the continued appropriateness of his or her
11 involuntary admission.
12 (10) COMPETENCY.--
13 (a) The issue of competency shall be separate and
14 distinct from a determination of the appropriateness of
15 involuntary admission to residential services for a condition
16 of mental retardation.
17 (b) The issue of the competency of a person with
18 mental retardation for purposes of assigning guardianship
19 shall be determined in a separate proceeding according to the
20 procedures and requirements of chapter 744 and the Florida
21 Probate Rules. The issue of the competency of a person with
22 mental retardation or autism for purposes of determining
23 whether the person is competent to proceed in a criminal trial
24 shall be determined in accordance with chapter 916.
25 (11) CONTINUING JURISDICTION.--The court which issues
26 the initial order for involuntary admission to residential
27 services under this section has shall have continuing
28 jurisdiction to enter further orders to ensure that the person
29 is receiving adequate care, treatment, habilitation, and
30 rehabilitation, including psychotropic medication and
31 behavioral programming. Upon request, the court may transfer
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1 the continuing jurisdiction to the court where a client
2 resides if it is different from where the original involuntary
3 admission order was issued. A No person may not be released
4 from an order for involuntary admission to residential
5 services except by the order of the court.
6 (12) APPEAL.--
7 (a) Any party to the proceeding who is affected by an
8 order of the court may appeal to the appropriate district
9 court of appeal within the time and in the manner prescribed
10 by the Florida Rules of Appellate Procedure.
11 (b) The filing of an appeal by the person with mental
12 retardation shall stay admission of the person into
13 residential care. The stay shall remain in effect during the
14 pendency of all review proceedings in Florida courts until a
15 mandate issues.
16 (13) HABEAS CORPUS.--At any time and without notice,
17 any person involuntarily admitted into residential care to the
18 developmental services program of the agency, or the person's
19 parent or legal guardian in his or her behalf, is entitled to
20 file a petition for a writ of habeas corpus to question the
21 cause, legality, and appropriateness of the person's
22 involuntary admission. Each person, or the person's parent or
23 legal guardian, shall receive specific written notice of the
24 right to petition for a writ of habeas corpus at the time of
25 his or her involuntary placement.
26 Section 28. Section 393.122, Florida Statutes, is
27 amended to read:
28 393.122 Applications for continued residential
29 services.--
30
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1 (1) If a client is discharged from residential
2 services under the provisions of s. 393.115 this section,
3 application for needed services shall be encouraged.
4 (2) A No client receiving services from a state agency
5 may not the department as of July 1, 1977, shall be denied
6 continued services due to any change in eligibility
7 requirements by chapter 77-335, Laws of Florida.
8 Section 29. Section 393.13, Florida Statutes, is
9 amended to read:
10 393.13 Personal Treatment of persons with
11 developmental disabilities who are developmentally disabled.--
12 (1) SHORT TITLE.--This section act shall be known as
13 "The Bill of Rights of Persons with Developmental Disabilities
14 Who are Developmentally Disabled."
15 (2) LEGISLATIVE INTENT.--
16 (a) The Legislature finds and declares that the system
17 of care provided to individuals who are developmentally
18 disabled must be designed to meet the needs of the clients as
19 well as protect the integrity of their legal and human rights.
20 (b) The Legislature further finds and declares that
21 the design and delivery of treatment and services to persons
22 with developmental disabilities who are developmentally
23 disabled should be directed by the principles of
24 self-determination normalization and therefore should:
25 1. Abate the use of large institutions.
26 2. Continue the development of community-based
27 services that which provide reasonable alternatives to
28 institutionalization in settings that are least restrictive to
29 the client and that provide opportunities for inclusion in the
30 community.
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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
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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. It is the intent of the
18 Legislature that no person with developmental disabilities
19 shall be deprived of these enumerated services by reason of
20 inability to pay.
21 7. To fully effectuate the principles of
22 self-determination normalization principle through the
23 establishment of community services for persons with
24 developmental disabilities as a viable and practical
25 alternative to institutional care at each stage of individual
26 life development and to promote opportunities for community
27 inclusion. If care in a residential facility becomes
28 necessary, it shall be in the least restrictive setting.
29 8. To achieve an ongoing reduction in the use of
30 restraint and seclusion in facilities and programs serving
31 persons with developmental disabilities.
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1 (e) It is the clear, unequivocal intent of this act to
2 guarantee individual dignity, liberty, pursuit of happiness,
3 and protection of the civil and legal rights of persons with
4 developmental disabilities.
5 (3) RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL
6 DISABILITIES.--The rights described in this subsection shall
7 apply to all persons with developmental disabilities, whether
8 or not such persons are clients of the agency.
9 (a) Persons with developmental disabilities shall have
10 a right to dignity, privacy, and humane care, including the
11 right to be free from sexual abuse in residential facilities.
12 (b) Persons with developmental disabilities shall have
13 the right to religious freedom and practice. Nothing shall
14 restrict or infringe on a person's right to religious
15 preference and practice.
16 (c) Persons with developmental disabilities shall
17 receive services, within available sources, which protect the
18 personal liberty of the individual and which are provided in
19 the least restrictive conditions necessary to achieve the
20 purpose of treatment.
21 (d) Persons who are developmentally disabled shall
22 have a right to participate in an appropriate program of
23 quality education and training services, within available
24 resources, regardless of chronological age or degree of
25 disability. Such persons may be provided with instruction in
26 sex education, marriage, and family planning.
27 (e) Persons who are developmentally disabled shall
28 have a right to social interaction and to participate in
29 community activities.
30
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1 (f) Persons who are developmentally disabled shall
2 have a right to physical exercise and recreational
3 opportunities.
4 (g) Persons who are developmentally disabled shall
5 have a right to be free from harm, including unnecessary
6 physical, chemical, or mechanical restraint, isolation,
7 excessive medication, abuse, or neglect.
8 (h) Persons who are developmentally disabled shall
9 have a right to consent to or refuse treatment, subject to the
10 provisions of s. 393.12(2)(a) or chapter 744.
11 (i) No otherwise qualified person shall, by reason of
12 having a developmental disability, be excluded from
13 participation in, or be denied the benefits of, or be subject
14 to discrimination under, any program or activity which
15 receives public funds, and all prohibitions set forth under
16 any other statute shall be actionable under this statute.
17 (j) No otherwise qualified person shall, by reason of
18 having a developmental disability, be denied the right to vote
19 in public elections.
20 (4) CLIENT RIGHTS.--For purposes of this subsection,
21 the term "client," as defined in s. 393.063, shall also
22 include any person served in a facility licensed under
23 pursuant to s. 393.067.
24 (a) Clients shall have an unrestricted right to
25 communication:
26 1. Each client is shall be allowed to receive, send,
27 and mail sealed, unopened correspondence. A No client's
28 incoming or outgoing correspondence may not shall be opened,
29 delayed, held, or censored by the facility unless there is
30 reason to believe that it contains items or substances which
31 may be harmful to the client or others, in which case the
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1 chief administrator of the facility may direct reasonable
2 examination of such mail and regulate the disposition of such
3 items or substances.
4 2. Clients in residential facilities shall be afforded
5 reasonable opportunities for telephone communication, to make
6 and receive confidential calls, unless there is reason to
7 believe that the content of the telephone communication may be
8 harmful to the client or others, in which case the chief
9 administrator of the facility may direct reasonable
10 observation and monitoring to the telephone communication.
11 3. Clients shall have an unrestricted right to
12 visitation subject to reasonable rules of the facility.
13 However, nothing in this provision may not shall be construed
14 to permit infringement upon other clients' rights to privacy.
15 (b) Each client has the right to the possession and
16 use of his or her own clothing and personal effects, except in
17 those specific instances where the use of some of these items
18 as reinforcers is essential for training the client as part of
19 an appropriately approved behavioral program. The chief
20 administrator of the facility may take temporary custody of
21 such effects when it is essential to do so for medical or
22 safety reasons. Custody of such personal effects shall be
23 promptly recorded in the client's record, and a receipt for
24 such effects shall be immediately given to the client, if
25 competent, or the client's parent or legal guardian.
26 1. All money belonging to a client held by the agency
27 shall be held in compliance with s. 402.17(2).
28 2. All interest on money received and held for the
29 personal use and benefit of a client shall be the property of
30 that client and may shall not accrue to the general welfare of
31 all clients or be used to defray the cost of residential care.
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1 Interest so accrued shall be used or conserved for the
2 personal use or benefit of the individual client as provided
3 in s. 402.17(2).
4 3. Upon the discharge or death of a client, a final
5 accounting shall be made of all personal effects and money
6 belonging to the client held by the agency. All such personal
7 effects and money, including interest, shall be promptly
8 turned over to the client or his or her heirs.
9 (c) Each client shall receive prompt and appropriate
10 medical treatment and care for physical and mental ailments
11 and for the prevention of any illness or disability. Medical
12 treatment shall be consistent with the accepted standards of
13 medical practice in the community.
14 1. Medication shall be administered only at the
15 written order of a physician. Medication shall not be used as
16 punishment, for the convenience of staff, as a substitute for
17 implementation of an individual or family support plan or
18 behavior-analysis services behavior modification programming,
19 or in unnecessary or excessive quantities.
20 2. Daily notation of medication received by each
21 client in a residential facility shall be kept in the client's
22 record.
23 3. Periodically, but no less frequently than every 6
24 months, the drug regimen of each client in a residential
25 facility shall be reviewed by the attending physician or other
26 appropriate monitoring body, consistent with appropriate
27 standards of medical practice. All prescriptions shall have a
28 termination date.
29 4. When pharmacy services are provided at any
30 residential facility, such services shall be directed or
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1 supervised by a professionally competent pharmacist licensed
2 according to the provisions of chapter 465.
3 5. Pharmacy services shall be delivered in accordance
4 with the provisions of chapter 465.
5 6. Prior to instituting a plan of experimental medical
6 treatment or carrying out any necessary surgical procedure,
7 express and informed consent shall be obtained from the
8 client, if competent, or the client's parent or legal
9 guardian. Information upon which the client shall make
10 necessary treatment and surgery decisions shall include, but
11 not be limited to:
12 a. The nature and consequences of such procedures.
13 b. The risks, benefits, and purposes of such
14 procedures.
15 c. Alternate procedures available.
16 7. When the parent or legal guardian of the client is
17 unknown or unlocatable and the physician is unwilling to
18 perform surgery based solely on the client's consent, a court
19 of competent jurisdiction shall hold a hearing to determine
20 the appropriateness of the surgical procedure. The client
21 shall be physically present, unless the client's medical
22 condition precludes such presence, represented by counsel, and
23 provided the right and opportunity to be confronted with, and
24 to cross-examine, all witnesses alleging the appropriateness
25 of such procedure. In such proceedings, the burden of proof by
26 clear and convincing evidence shall be on the party alleging
27 the appropriateness of such procedures. The express and
28 informed consent of a person described in subparagraph 6. may
29 be withdrawn at any time, with or without cause, prior to
30 treatment or surgery.
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1 8. The absence of express and informed consent
2 notwithstanding, a licensed and qualified physician may render
3 emergency medical care or treatment to any client who has been
4 injured or who is suffering from an acute illness, disease, or
5 condition if, within a reasonable degree of medical certainty,
6 delay in initiation of emergency medical care or treatment
7 would endanger the health of the client.
8 (d) Each client shall have access to individual
9 storage space for his or her private use.
10 (e) Each client shall be provided with appropriate
11 physical exercise as prescribed in the client's individual or
12 family support plan. Indoor and outdoor facilities and
13 equipment for such physical exercise shall be provided.
14 (f) Each client shall receive humane discipline.
15 (g) A No client may not shall be subjected to a
16 treatment program to eliminate problematic bizarre or unusual
17 behaviors without first being examined by a physician who in
18 his or her best judgment determines that such behaviors are
19 not organically caused.
20 1. Treatment programs involving the use of noxious or
21 painful stimuli are shall be prohibited.
22 2. All alleged violations of this paragraph shall be
23 reported immediately to the chief administrator administrative
24 officer of the facility and or the district administrator, the
25 agency head, and the Florida local advocacy council. A
26 thorough investigation of each incident shall be conducted and
27 a written report of the finding and results of the such
28 investigation shall be submitted to the chief administrator
29 administrative officer of the facility or the district
30 administrator and to the agency head within 24 hours after of
31 the occurrence or discovery of the incident.
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1 3. The agency shall adopt by rule a system for the
2 oversight of behavioral programs. The Such system shall
3 establish guidelines and procedures governing the design,
4 approval, implementation, and monitoring of all behavioral
5 programs involving clients. The system shall ensure statewide
6 and local review by committees of professionals certified as
7 behavior analysts pursuant to s. 393.17. No behavioral program
8 shall be implemented unless reviewed according to the rules
9 established by the agency under this section. Nothing stated
10 in this section shall prohibit the review of programs by the
11 Florida statewide or local advocacy councils.
12 (h) Each client engaged in work programs which require
13 compliance with federal wage and hour laws shall be provided
14 with minimum wage protection and fair compensation for labor
15 in accordance with the federal wage-per-hour regulations.
16 (h)(i) Clients shall have the right to be free from
17 unnecessary use of physical, chemical, or mechanical restraint
18 or seclusion. Restraints and seclusion should only be used in
19 situations in which the client or others are at risk of
20 injury. Restraints shall be employed only in emergencies or to
21 protect the client from imminent injury to himself or herself
22 or others. Restraints may shall not be employed as
23 punishment, for the convenience of staff, or as a substitute
24 for a support habilitative plan. Restraints shall impose the
25 least possible restrictions consistent with their purpose and
26 shall be removed when the emergency ends. Restraints may
27 shall not cause physical injury to the client and must shall
28 be designed to allow the greatest possible comfort. Any
29 instance of the use of restraint or seclusion must be
30 documented in the facility or program record of the client.
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1 1. Mechanical supports used in normative situations to
2 achieve proper body position and balance shall not be
3 considered restraints, but shall be prescriptively designed
4 and applied under the supervision of a qualified professional
5 with concern for principles of good body alignment,
6 circulation, and allowance for change of position.
7 2. Totally enclosed cribs and barred enclosures shall
8 be considered restraints.
9 1.3. Daily reports on the employment of restraint or
10 seclusion physical, chemical, or mechanical restraints by
11 those specialists authorized in the use of restraint and
12 seclusion such restraints shall be made to the appropriate
13 chief administrator of the facility or program, and a monthly
14 compilation summary of the such reports shall be relayed to
15 the agency's local area office district administrator and the
16 Florida local advocacy council. The reports shall summarize
17 all such cases of restraints, the type used, the duration of
18 usage, and the reasons therefor. The area office Districts
19 shall submit the districtwide quarterly reports of these
20 summaries to the agency's headquarters state Developmental
21 Disabilities Program Office.
22 2.4. The agency shall adopt by rule standards and
23 procedures governing the use of restraint and seclusion post a
24 copy of the rules adopted under this section in each living
25 unit of residential facilities. A copy of the rules adopted
26 under this subparagraph section shall be given to the client,
27 parent, guardian or guardian advocate, and all staff members
28 of licensed facilities and programs licensed under this
29 chapter and shall be made a part of all staff preservice and
30 inservice training programs.
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1 (i)(j)1. Each client shall have a central record. The
2 central record shall be established by the agency at the time
3 that an individual is determined eligible for services, shall
4 be maintained by the client's support coordinator, and must
5 contain information include data pertaining to admission,
6 diagnosis and treatment history, present condition, and such
7 other information as may be required under rules of the
8 agency. The central record is the property of the agency.
9 1.2. Unless waived by the client, if competent, or the
10 client's parent or legal guardian if the client is
11 incompetent, the client's central record shall be confidential
12 and exempt from the provisions of s. 119.07(1), and no part of
13 it shall be released except:
14 a. The record may be released to physicians,
15 attorneys, and government agencies having need of the record
16 to aid the client, as designated by the client, if competent,
17 or the client's parent or legal guardian, if the client is
18 incompetent.
19 b. The record shall be produced in response to a
20 subpoena or released to persons authorized by order of court,
21 excluding matters privileged by other provisions of law.
22 c. The record or any part thereof may be disclosed to
23 a qualified researcher, a staff member of the facility where
24 the client resides, or an employee of the agency when the
25 administrator of the facility or the director of the agency
26 deems it necessary for the treatment of the client,
27 maintenance of adequate records, compilation of treatment
28 data, or evaluation of programs.
29 d. Information from the records may be used for
30 statistical and research purposes if the information is
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1 abstracted in such a way to protect the identity of
2 individuals.
3 3. All central records for each client in residential
4 facilities shall be kept on uniform forms distributed by the
5 agency. The central record shall accurately summarize each
6 client's history and present condition.
7 2.4. The client, if competent, or the client's parent
8 or legal guardian if the client is incompetent, shall be
9 supplied with a copy of the client's central record upon
10 request.
11 (j)(k) Each client residing in a residential facility
12 who is eligible to vote in public elections according to the
13 laws of the state has shall have the right to vote.
14 Facilities operators shall arrange the means to exercise the
15 client's right to vote.
16 (5) LIABILITY FOR VIOLATIONS.--Any person who violates
17 or abuses any rights or privileges of persons who are
18 developmentally disabled provided by this chapter is act shall
19 be liable for damages as determined by law. Any person who
20 acts in good faith compliance with the provisions of this
21 chapter is act shall be immune from civil or criminal
22 liability for actions in connection with evaluation,
23 admission, habilitative programming, education, treatment, or
24 discharge of a client. However, this section does shall not
25 relieve any person from liability if the such person is guilty
26 of negligence, misfeasance, nonfeasance, or malfeasance.
27 (6) NOTICE OF RIGHTS.--Each person with developmental
28 disabilities, if competent, or parent or legal guardian of
29 such person if the person is incompetent, shall promptly
30 receive from the agency or the Department of Education a
31 written copy of this act. Each person with developmental
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1 disabilities able to comprehend shall be promptly informed, in
2 the language or other mode of communication which such person
3 understands, of the above legal rights of persons with
4 developmental disabilities.
5 (7) RESIDENT GOVERNMENT.--Each residential facility
6 providing services to clients who are desirous and capable of
7 participating shall initiate and develop a program of resident
8 government to hear the views and represent the interests of
9 all clients served by the facility. The resident government
10 shall be composed of residents elected by other residents,
11 staff advisers skilled in the administration of community
12 organizations, and, at the option of the residential
13 government, representatives of advocacy groups for persons
14 with developmental disabilities from the community a
15 representative of the Florida local advocacy council. The
16 resident government shall work closely with the Florida local
17 advocacy council and the district administrator to promote the
18 interests and welfare of all residents in the facility.
19 Section 30. Subsections (1), (2), (3), (4), and (5) of
20 section 393.135, Florida Statutes, are amended to read:
21 393.135 Sexual misconduct prohibited; reporting
22 required; penalties.--
23 (1) As used in this section, the term:
24 (a) "Covered person" "Employee" includes any employee,
25 paid staff member, volunteer, or intern of the agency or the
26 department; any person under contract with the agency or the
27 department; and any person providing care or support to a
28 client on behalf of the agency department or its providers.
29 (b) "Sexual activity" means:
30 1. Fondling the genital area, groin, inner thighs,
31 buttocks, or breasts of a person.
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1 2. The oral, anal, or vaginal penetration by or union
2 with the sexual organ of another or the anal or vaginal
3 penetration of another by any other object.
4 3. Intentionally touching in a lewd or lascivious
5 manner the breasts, genitals, the genital area, or buttocks,
6 or the clothing covering them, of a person, or forcing or
7 enticing a person to touch the perpetrator.
8 4. Intentionally masturbating in the presence of
9 another person.
10 5. Intentionally exposing the genitals in a lewd or
11 lascivious manner in the presence of another person.
12 6. Intentionally committing any other sexual act that
13 does not involve actual physical or sexual contact with the
14 victim, including, but not limited to, sadomasochistic abuse,
15 sexual bestiality, or the simulation of any act involving
16 sexual activity in the presence of a victim.
17 (c) "Sexual misconduct" means any sexual activity
18 between a covered person an employee and a client to whom a
19 covered person renders services, care, or support on behalf of
20 the agency or its providers, or between a covered person and
21 another client who lives in the same home as the client to
22 whom a covered person is rendering the services, care, or
23 support, regardless of the consent of the client. The term
24 does not include an act done for a bona fide medical purpose
25 or an internal search conducted in the lawful performance of
26 duty by a covered person an employee.
27 (2) A covered person An employee who engages in sexual
28 misconduct with an individual with a developmental disability
29 who:
30 (a) Is in the custody of the department;
31
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1 (a)(b) Resides in a residential facility, including
2 any comprehensive transitional education program,
3 developmental disabilities services institution, foster care
4 facility, group home facility, intermediate care facility for
5 the developmentally disabled, or residential habilitation
6 center; or
7 (b)(c) Is eligible to receive Receives services from
8 the agency under this chapter a family care program,
9
10 commits a felony of the second degree, punishable as provided
11 in s. 775.082, s. 775.083, or s. 775.084. A covered person An
12 employee may be found guilty of violating this subsection
13 without having committed the crime of sexual battery.
14 (3) The consent of the client to sexual activity is
15 not a defense to prosecution under this section.
16 (4) This section does not apply to a covered person an
17 employee who:
18 (a) is legally married to the client; or
19 (b) Has no reason to believe that the person with whom
20 the employee engaged in sexual misconduct is a client
21 receiving services as described in subsection (2).
22 (5) A covered person An employee who witnesses sexual
23 misconduct, or who otherwise knows or has reasonable cause to
24 suspect that a person has engaged in sexual misconduct, shall
25 immediately report the incident to the department's central
26 abuse hotline of the Department of Children and Family
27 Services and to the appropriate local law enforcement agency.
28 The covered person Such employee shall also prepare, date, and
29 sign an independent report that specifically describes the
30 nature of the sexual misconduct, the location and time of the
31 incident, and the persons involved. The covered person
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1 employee shall deliver the report to the supervisor or program
2 director, who is responsible for providing copies to the
3 agency's local office and the agency's department's inspector
4 general. The inspector general shall immediately conduct an
5 appropriate administrative investigation, and, if there is
6 probable cause to believe that sexual misconduct has occurred,
7 the inspector general shall notify the state attorney in the
8 circuit in which the incident occurred.
9 Section 31. Section 393.15, Florida Statutes, is
10 amended to read:
11 393.15 Legislative intent; Community Resources
12 Development Loan Program Trust Fund.--
13 (1) The Legislature finds and declares that the
14 development of community-based treatment facilities for
15 persons with developmental disabilities who are
16 developmentally disabled is desirable and recommended and
17 should be encouraged and fostered by the state. The
18 Legislature further recognizes that the development of such
19 facilities is financially difficult for private individuals,
20 due to initial expenditures required to adapt existing
21 structures to the special needs of such persons who are
22 developmentally disabled who may be served in community-based
23 foster care, group home, developmental training, and supported
24 employment programs. Therefore, it is the intent of the
25 Legislature intends that the agency by this act to develop and
26 administer a loan program trust fund to provide support and
27 encouragement in the establishment of community-based foster
28 care, group home, developmental training, and supported
29 employment programs for persons with developmental
30 disabilities who are developmentally disabled.
31
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1 (2) As used in this section, a foster care, group
2 home, developmental training, or supported employment program
3 may not be a for-profit corporation, but may be a nonprofit
4 corporation, partnership, or sole proprietorship.
5 (2)(3) There is created a Community Resources
6 Development Loan Program in Trust Fund in the State Treasury
7 to be used by the agency for the purpose of granting loans to
8 eligible programs for the initial costs of development of the
9 programs. In order to be eligible for the program, a foster
10 home, group home, or supported employment program must:
11 (a) Serve persons with developmental disabilities;
12 (b) Be a nonprofit corporation, partnership, or sole
13 proprietorship; and
14 (c) Be Loans shall be made only to those facilities
15 which are in compliance with the zoning regulations of the
16 local community.
17 (3) Loans may be made to pay for the costs of
18 development and may include structural modification, the
19 purchase of equipment and fire and safety devices,
20 preoperational staff training, and the purchase of insurance.
21 Such costs may shall not include the actual construction of a
22 facility and may not be in lieu of payment for maintenance,
23 client services, or care provided.
24 (4) The agency may grant to an eligible program a
25 lump-sum loan in one payment not to exceed the cost to the
26 program of providing 2 months' services, care, or maintenance
27 to each person who is developmentally disabled to be placed in
28 the program by the agency, or the actual cost of firesafety
29 renovations to a facility required by the state, whichever is
30 greater. Loans granted to programs shall not be in lieu of
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1 payment for maintenance, services, or care provided, but shall
2 stand separate and distinct.
3 (5) The agency shall adopt rules, as provided in
4 chapter 120, to determine the criteria standards under which a
5 program shall be eligible to receive a loan as provided in
6 this section and the methodology criteria for the equitable
7 allocation of loan trust funds when eligible applications
8 exceed the funds available.
9 (6)(5) Any loan granted by the agency under this
10 section shall be repaid by the program within 5 years and the
11 amount paid shall be deposited into the agency's
12 Administrative Trust Fund. Moneys repaid shall be used to fund
13 new loans. A program that operates as a nonprofit corporation
14 meeting the requirements of s. 501(c)(3) of the Internal
15 Revenue Code, and that seeks forgiveness of its loan shall
16 submit to the agency an annual a statement setting forth the
17 service it has provided during the year together with such
18 other information as the agency by rule shall require, and,
19 upon approval of each such annual statement, the agency may
20 shall forgive up to 20 percent of the principal of any such
21 loan granted after June 30, 1975.
22 (7)(6) If any program that has received a loan under
23 this section ceases to accept, or provide care, services, or
24 maintenance to persons placed in the program by the
25 department, or if such program files papers of bankruptcy, at
26 that point in time the loan shall become an interest-bearing
27 loan at the rate of 5 percent per annum on the entire amount
28 of the initial loan which shall be repaid within a 1-year
29 period from the date on which the program ceases to provide
30 care, services, or maintenance, or files papers in bankruptcy,
31 and the amount of the loan due plus interest shall constitute
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1 a lien in favor of the state against all real and personal
2 property of the program. The lien shall be perfected by the
3 appropriate officer of the agency by executing and
4 acknowledging a statement of the name of the program and the
5 amount due on the loan and a copy of the promissory note,
6 which shall be recorded by the agency with the clerk of the
7 circuit court in the county wherein the program is located. If
8 the program has filed a petition for bankruptcy, the agency
9 shall file and enforce the lien in the bankruptcy proceedings.
10 Otherwise, the lien shall be enforced in the manner provided
11 in s. 85.011. All funds received by the agency from the
12 enforcement of the lien shall be deposited in the agency's
13 Administrative Community Resources Development Trust Fund and
14 used to fund new loans.
15 Section 32. Section 393.17, Florida Statutes, is
16 amended to read:
17 393.17 Behavioral programs; certification of behavior
18 analysts.--
19 (1) The agency may establish a certification process
20 for behavioral analysts in order to ensure that only qualified
21 employees and service providers provide behavioral analysis
22 services to clients. The procedures must be established by
23 rule and must include criteria for scope of practice,
24 qualifications for certification, including training and
25 testing requirements, continuing education requirements for
26 ongoing certification, and standards of performance. The
27 procedures must also include decertification procedures that
28 may be used to determine whether an individual continues to
29 meet the qualifications for certification or the professional
30 performance standards and, if not, the procedures necessary to
31 decertify an employee or service provider.
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1 (2) The agency may recognize the certification of
2 behavior analysts awarded by a nonprofit corporation that
3 adheres to the natural standards for professional
4 credentialing boards and whose mission is to meet professional
5 credentialing needs identified by behavior analysts, state
6 governments, and consumers of behavior analysis services and
7 whose work has the support of the Association for Behavior
8 Analysis International. The certification procedure recognized
9 by the agency must undergo regular psychometric review and
10 validation, pursuant to a job analysis survey of the
11 profession and standards established by content experts in the
12 field.
13 Section 33. Section 393.18, Florida Statutes, is
14 created to read:
15 393.18 Comprehensive transitional education
16 program.--A comprehensive transition education program is a
17 group of jointly operating centers or units, the collective
18 purpose of which is to provide a sequential series of
19 educational care, training, treatment, habilitation, and
20 rehabilitation services to persons who have developmental
21 disabilities and who have severe or moderate maladaptive
22 behaviors. However, this section does not require such
23 programs to provide services only to persons with
24 developmental disabilities. All such services shall be
25 temporary in nature and delivered in a structured residential
26 setting, having the primary goal of incorporating the
27 principle of self-determination in establishing permanent
28 residence for persons with maladaptive behaviors in facilities
29 that are not associated with the comprehensive transitional
30 education program. The staff shall include psychologists and
31 teachers who shall be available to provide services in each
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1 component center or unit of the program. The psychologists
2 shall be individuals who are licensed in this state and
3 certified as behavior analysts in this state or individuals
4 who are certified as behavior analysts pursuant to s. 393.17.
5 (1) Comprehensive transitional education programs
6 shall include a minimum of two component centers or units, one
7 of which shall be an intensive treatment and educational
8 center or a transitional training and educational center,
9 which provides services to persons with maladaptive behaviors
10 in the following sequential order:
11 (a) Intensive treatment and educational center.--This
12 component is a self-contained residential unit providing
13 intensive psychological and educational programming for
14 persons with severe maladaptive behaviors, whose behaviors
15 preclude placement in a less-restrictive environment due to
16 the threat of danger or injury to themselves or others.
17 (b) Transitional training and educational
18 center.--This component is a residential unit for persons with
19 moderate maladaptive behaviors, providing concentrated
20 psychological and educational programming that emphasizes a
21 transition toward a less-restrictive environment.
22 (c) Community transition residence.--This component is
23 a residential center providing educational programs and any
24 support services, training, and care that are needed to assist
25 persons with maladaptive behaviors to avoid regression to more
26 restrictive environments, while preparing them for more
27 independent living. Continuous-shift staff shall be required
28 for this component.
29 (d) Alternative living center.--This component is a
30 residential unit providing an educational and family living
31 environment for persons with maladaptive behaviors in a
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1 moderately unrestricted setting. Residential staff shall be
2 required for this component.
3 (e) Independent living education center.--This
4 component is a facility providing a family living environment
5 for persons with maladaptive behaviors in a largely
6 unrestricted setting and includes education and monitoring
7 that is appropriate to support the development of independent
8 living skills.
9 (2) Components of a comprehensive transitional
10 education program are subject to the license issued under s.
11 393.067 to a comprehensive transitional education program and
12 may be located on a single site or multiple sites.
13 (3) Comprehensive transitional education programs
14 shall develop individual education plans for each person with
15 maladaptive behaviors who receives services from the program.
16 Each individual education plan shall be developed in
17 accordance with the criteria specified in 20 U.S.C. ss. 401 et
18 seq., and 34 C.F.R. part 300.
19 (4) The total number of persons with maladaptive
20 behaviors being provided services in a comprehensive
21 transitional education program may not in any instance exceed
22 120 residents.
23 Section 34. Section 393.23, Florida Statutes, is
24 created to read:
25 393.23 Developmental disabilities institutions; trust
26 accounts.--All receipts from the operation of canteens,
27 vending machines, hobby shops, sheltered workshops, activity
28 centers, farming projects, and other like activities operated
29 in a developmental disabilities institution, and moneys
30 donated to the institution, must be deposited in a trust
31 account in any bank, credit union, or savings and loan
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1 association authorized by the State Treasury as a qualified
2 depositor to do business in this state, if the moneys are
3 available on demand.
4 (1) Moneys in the trust account must be expended for
5 the benefit, education, and welfare of clients. However, if
6 specified, moneys that are donated to the institution must be
7 expended in accordance with the intentions of the donor. Trust
8 account money may not be used for the benefit of employees of
9 the agency, or to pay the wages of such employees. The welfare
10 of the clients includes the expenditure of funds for the
11 purchase of items for resale at canteens or vending machines,
12 and for the establishment of, maintenance of, and operation of
13 canteens, hobby shops, recreational or entertainment
14 facilities, sheltered workshops, activity centers, farming
15 projects, or other like facilities or programs established at
16 the institutions for the benefit of clients.
17 (2) The institution may invest, in the manner
18 authorized by law for fiduciaries, any money in a trust
19 account which is not necessary for immediate use. The interest
20 earned and other increments derived from the investments of
21 the money must be deposited into the trust account for the
22 benefit of clients.
23 (3) The accounting system of an institution must
24 account separately for revenues and expenses for each
25 activity. The institution shall reconcile the trust account to
26 the institution's accounting system and check registers and to
27 the accounting system of the Chief Financial Officer.
28 (4) All sales taxes collected by the institution as a
29 result of sales shall be deposited into the trust account and
30 remitted to the Department of Revenue.
31
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1 (5) Funds shall be expended in accordance with
2 requirements and guidelines established by the Chief Financial
3 Officer.
4 Section 35. Section 393.501, Florida Statutes, is
5 amended to read:
6 393.501 Rulemaking.--
7 (1) The agency may shall adopt rules pursuant to s.
8 120.54 to carry out its statutory duties the provisions of
9 this chapter.
10 (2) Such rules shall address the number of facilities
11 on a single lot parcel or on adjacent lots parcels of land,
12 and in addition, for ICF/MR, the rate and location of facility
13 development and level of care. In adopting rules, an
14 alternative living center and an independent living education
15 center, as described in s. 393.18, shall be subject to the
16 provisions of s. 419.001, except that such centers shall be
17 exempt from the 1,000-foot-radius requirement of s. 419.001(2)
18 if:
19 (a) The centers are located on a site zoned in a
20 manner that permits all the components of a comprehensive
21 transition education center to be located on the site; or
22 (b) There are no more than three such centers within a
23 radius of 1,000 feet.
24 Section 36. Section 394.453, Florida Statutes, is
25 amended to read:
26 394.453 Legislative intent.--It is the intent of the
27 Legislature to authorize and direct the Department of Children
28 and Family Services to evaluate, research, plan, and recommend
29 to the Governor and the Legislature programs designed to
30 reduce the occurrence, severity, duration, and disabling
31 aspects of mental, emotional, and behavioral disorders. It is
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1 the intent of the Legislature that treatment programs for such
2 disorders shall include, but not be limited to, comprehensive
3 health, social, educational, and rehabilitative services to
4 persons requiring intensive short-term and continued treatment
5 in order to encourage them to assume responsibility for their
6 treatment and recovery. It is intended that such persons be
7 provided with emergency service and temporary detention for
8 evaluation when required; that they be admitted to treatment
9 facilities on a voluntary basis when extended or continuing
10 care is needed and unavailable in the community; that
11 involuntary placement be provided only when expert evaluation
12 determines that it is necessary; that any involuntary
13 treatment or examination be accomplished in a setting which is
14 clinically appropriate and most likely to facilitate the
15 person's return to the community as soon as possible; and that
16 individual dignity and human rights be guaranteed to all
17 persons who are admitted to mental health facilities or who
18 are being held under s. 394.463. It is the further intent of
19 the Legislature that the least restrictive means of
20 intervention be employed based on the individual needs of each
21 person, within the scope of available services. It is the
22 policy of this state that the use of restraint and seclusion
23 on clients is justified only as an emergency safety measure to
24 be used in response to imminent danger to the client or
25 others. It is, therefore, the intent of the Legislature to
26 achieve an ongoing reduction in the use of restraint and
27 seclusion in programs and facilities serving persons with
28 mental illness.
29 Section 37. Present subsections (28) through (33) of
30 section 394.455, Florida Statutes, are redesignated as
31
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1 subsections (30) through (35), respectively, and new
2 subsections (28) and (29) are added to that section, to read:
3 394.455 Definitions.--As used in this part, unless the
4 context clearly requires otherwise, the term:
5 (28)(a) "Restraint" means a physical device, method,
6 or drug used to control behavior. A physical restraint is any
7 manual method or physical or mechanical device, material, or
8 equipment attached or adjacent to the individual's body so
9 that he or she cannot easily remove the restraint and which
10 restricts freedom of movement or normal access to one's body.
11 (b) A drug used as a restraint is a medication used to
12 control the person's behavior or to restrict his or her
13 freedom of movement. Physically holding a person during a
14 procedure to forcibly administer psychotropic medication is a
15 physical restraint.
16 (c) Restraint does not include physical devices, such
17 as orthopedically prescribed appliances, surgical dressings
18 and bandages, supportive body bands, or other physical holding
19 when necessary for routine physical examinations and tests; or
20 for purposes of orthopedic, surgical, or other similar medical
21 treatment; when used to provide support for the achievement of
22 functional body position or proper balance; or when used to
23 protect a person from falling out of bed.
24 (29) "Seclusion" means the physical segregation of a
25 person in any fashion or involuntary isolation of a person in
26 a room or area from which the person is prevented from
27 leaving. The prevention may be by physical barrier or by a
28 staff member who is acting in a manner, or who is physically
29 situated, so as to prevent the person from leaving the room or
30 area. For purposes of this chapter, the term does not mean
31 isolation due to a person's medical condition or symptoms.
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1 Section 38. Paragraph (b) of subsection (5) of section
2 394.457, Florida Statutes, is amended to read:
3 394.457 Operation and administration.--
4 (5) RULES.--
5 (b) The department shall adopt rules necessary for the
6 implementation and administration of the provisions of this
7 part, and a program subject to the provisions of this part
8 shall not be permitted to operate unless rules designed to
9 ensure the protection of the health, safety, and welfare of
10 the patients treated through such program have been adopted.
11 Rules adopted under this subsection must include provisions
12 governing the use of restraint and seclusion which are
13 consistent with recognized best practices and professional
14 judgment; prohibit inherently dangerous restraint or seclusion
15 procedures; establish limitations on the use and duration of
16 restraint and seclusion; establish measures to ensure the
17 safety of program participants and staff during an incident of
18 restraint or seclusion; establish procedures for staff to
19 follow before, during, and after incidents of restraint or
20 seclusion; establish professional qualifications of and
21 training for staff who may order or be engaged in the use of
22 restraint or seclusion; and establish mandatory reporting,
23 data-collection, and data-dissemination procedures and
24 requirements. Rules adopted under this subsection must require
25 that each instance of the use of restraint or seclusion be
26 documented in the record of the patient.
27 Section 39. Paragraph (g) is added to subsection (1)
28 of section 394.879, Florida Statutes, to read:
29 394.879 Rules; enforcement.--
30 (1) The department, in consultation with the agency,
31 shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
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1 implement the provisions of this chapter, including, at a
2 minimum, rules providing standards to ensure that:
3 (g) The use of restraint and seclusion is consistent
4 with recognized best practices and professional judgment; that
5 inherently dangerous restraint or seclusion procedures are
6 prohibited; that limitations are established on the use and
7 duration of restraint and seclusion; that measures are
8 established to ensure the safety of program participants and
9 staff during an incident of restraint or seclusion; that
10 procedures are created for staff to follow before, during, and
11 after incidents of restraint or seclusion; that professional
12 qualifications and training are established for staff who may
13 order or be engaged in the use of restraint or seclusion; and
14 that mandatory reporting, data-collection, and
15 data-dissemination procedures and requirements are instituted.
16 Rules adopted under this section must require that any
17 instance of the use of restraint or seclusion shall be
18 documented in the record of the client.
19 Section 40. Subsection (9) of section 397.405, Florida
20 Statutes, is amended to read:
21 397.405 Exemptions from licensure.--The following are
22 exempt from the licensing provisions of this chapter:
23 (9) Facilities licensed under chapter 393 which s.
24 393.063 that, in addition to providing services to persons
25 with developmental disabilities who are developmentally
26 disabled as defined therein, also provide services to persons
27 developmentally at risk as a consequence of exposure to
28 alcohol or other legal or illegal drugs while in utero.
29
30 The exemptions from licensure in this section do not apply to
31 any service provider that receives an appropriation, grant, or
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1 contract from the state to operate as a service provider as
2 defined in this chapter or to any substance abuse program
3 regulated pursuant to s. 397.406. Furthermore, this chapter
4 may not be construed to limit the practice of a physician
5 licensed under chapter 458 or chapter 459, a psychologist
6 licensed under chapter 490, or a psychotherapist licensed
7 under chapter 491 who provides substance abuse treatment, so
8 long as the physician, psychologist, or psychotherapist does
9 not represent to the public that he or she is a licensed
10 service provider and does not provide services to clients
11 pursuant to part V of this chapter. Failure to comply with any
12 requirement necessary to maintain an exempt status under this
13 section is a misdemeanor of the first degree, punishable as
14 provided in s. 775.082 or s. 775.083.
15 Section 41. Subsection (13) of section 400.419,
16 Florida Statutes, is amended to read:
17 400.419 Violations; imposition of administrative
18 fines; grounds.--
19 (13) The agency shall develop and disseminate an
20 annual list of all facilities sanctioned or fined $5,000 or
21 more for violations of state standards, the number and class
22 of violations involved, the penalties imposed, and the current
23 status of cases. The list shall be disseminated, at no charge,
24 to the Department of Elderly Affairs, the Department of
25 Health, the Department of Children and Family Services, the
26 Agency for Persons with Disabilities, the area agencies on
27 aging, the Florida Statewide Advocacy Council, and the state
28 and local ombudsman councils. The Department of Children and
29 Family Services shall disseminate the list to service
30 providers under contract to the department who are responsible
31 for referring persons to a facility for residency. The agency
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1 may charge a fee commensurate with the cost of printing and
2 postage to other interested parties requesting a copy of this
3 list.
4 Section 42. Section 400.960, Florida Statutes, is
5 amended to read:
6 400.960 Definitions.--As used in this part, the term:
7 (1) "Active treatment" means the provision of services
8 by an interdisciplinary team which are necessary to maximize a
9 client's individual independence or prevent regression or loss
10 of functional status.
11 (2) "Agency" means the Agency for Health Care
12 Administration.
13 (3) "Autism" or "autistic disorder" has the same
14 meaning as in s. 393.063. means a pervasive, neurologically
15 based developmental disability of extended duration which
16 causes severe learning, communication, and behavior disorders
17 with age of onset during infancy or childhood. Individuals
18 with autism exhibit impairment in reciprocal social
19 interaction, impairment in verbal and nonverbal communication
20 and imaginative ability, and a markedly restricted repertoire
21 of activities and interests.
22 (4) "Cerebral palsy" has the same meaning as in s.
23 393.063. means a group of disabling symptoms of extended
24 duration which results from damage to the developing brain
25 occurring before, during, or after birth and resulting in the
26 loss or impairment of control over voluntary muscles. The term
27 does not include those symptoms or impairments resulting
28 solely from a stroke.
29 (5) "Client" means any person determined by the Agency
30 for Persons with Disabilities department to be eligible for
31 developmental services.
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1 (6) "Client advocate" means a friend or relative of
2 the client, or of the client's immediate family, who advocates
3 for the best interests of the client in any proceedings under
4 this part in which the client or his or her family has the
5 right or duty to participate.
6 (7) "Department" means the Department of Children and
7 Family Services.
8 (6)(8) "Developmental disability" has the same meaning
9 as in s. 393.063 means a disorder or syndrome that is
10 attributable to retardation, cerebral palsy, autism, spina
11 bifida, or Prader-Willi syndrome and that constitutes a
12 substantial handicap that can reasonably be expected to
13 continue indefinitely.
14 (7)(9) "Direct service provider" means a person 18
15 years of age or older who has direct contact with individuals
16 with developmental disabilities and who is unrelated to the
17 individuals with developmental disabilities.
18 (10) "Epilepsy" means a chronic brain disorder of
19 various causes which is characterized by recurrent seizures
20 due to excessive discharge of cerebral neurons. When found
21 concurrently with retardation, autism, or cerebral palsy,
22 epilepsy is considered a secondary disability for which the
23 client is eligible to receive services to ameliorate this
24 condition according to the provisions of this part.
25 (11) "Guardian advocate" means a person appointed by
26 the circuit court to represent a person with developmental
27 disabilities in any proceedings brought pursuant to s. 393.12,
28 and is distinct from a guardian advocate for mentally ill
29 persons under chapter 394.
30 (8)(12) "Intermediate care facility for the
31 developmentally disabled" means a residential facility
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1 licensed and certified in accordance with state law, and
2 certified by the Federal Government, pursuant to the Social
3 Security Act, as a provider of Medicaid services to persons
4 with developmental disabilities who are developmentally
5 disabled.
6 (9)(13) "Prader-Willi syndrome" has the same meaning
7 as in s. 393.063. means an inherited condition typified by
8 neonatal hypotonia with failure to thrive, hyperphagia, or an
9 excessive drive to eat which leads to obesity, usually at 18
10 to 36 months of age, mild to moderate retardation,
11 hypogonadism, short stature, mild facial dysmorphism, and a
12 characteristic neurobehavior.
13 (10)(a) "Restraint" means a physical device, method,
14 or drug used to control behavior. A physical restraint is any
15 manual method or physical or mechanical device, material, or
16 equipment attached or adjacent to the individual's body so
17 that he or she cannot easily remove the restraint and which
18 restricts freedom of movement or normal access to one's body.
19 (b) A drug used as a restraint is a medication used to
20 control the person's behavior or to restrict his or her
21 freedom of movement. Physically holding a person during a
22 procedure to forcibly administer psychotropic medication is a
23 physical restraint.
24 (c) Restraint does not include physical devices, such
25 as orthopedically prescribed appliances, surgical dressings
26 and bandages, supportive body bands, or other physical holding
27 when necessary for routine physical examinations and tests;
28 for purposes of orthopedic, surgical, or other similar medical
29 treatment; when used to provide support for the achievement of
30 functional body position or proper balance; or when used to
31 protect a person from falling out of bed.
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1 (11)(14) "Retardation" has the same meaning as in s.
2 393.063. means significantly subaverage general intellectual
3 functioning existing concurrently with deficits in adaptive
4 behavior and manifested during the period from conception to
5 age 18. "Significantly subaverage general intellectual
6 functioning," for the purpose of this definition, means
7 performance that is two or more standard deviations from the
8 mean score on a standardized intelligence test specified in
9 rules of the department. "Deficits in adaptive behavior," for
10 the purpose of this definition, means deficits in the
11 effectiveness or degree with which an individual meets the
12 standards of personal independence and social responsibility
13 expected of his or her age, cultural group, and community.
14 (12) "Seclusion" means the physical segregation of a
15 person in any fashion or the involuntary isolation of a person
16 in a room or area from which the person is prevented from
17 leaving. The prevention may be by physical barrier or by a
18 staff member who is acting in a manner, or who is physically
19 situated, so as to prevent the person from leaving the room or
20 area. For purposes of this part, the term does not mean
21 isolation due to a person's medical condition or symptoms.
22 (13)(15) "Spina bifida" has the same meaning as in s.
23 393.063 means a medical diagnosis of spina bifida cystica or
24 myelomeningocele.
25 Section 43. Subsection (2) of section 400.967, Florida
26 Statutes, is amended to read:
27 400.967 Rules and classification of deficiencies.--
28 (2) Pursuant to the intention of the Legislature, the
29 agency, in consultation with the Agency for Persons with
30 Disabilities Department of Children and Family Services and
31 the Department of Elderly Affairs, shall adopt and enforce
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1 rules to administer this part, which shall include reasonable
2 and fair criteria governing:
3 (a) The location and construction of the facility;
4 including fire and life safety, plumbing, heating, cooling,
5 lighting, ventilation, and other housing conditions that will
6 ensure the health, safety, and comfort of residents. The
7 agency shall establish standards for facilities and equipment
8 to increase the extent to which new facilities and a new wing
9 or floor added to an existing facility after July 1, 2000, are
10 structurally capable of serving as shelters only for
11 residents, staff, and families of residents and staff, and
12 equipped to be self-supporting during and immediately
13 following disasters. The Agency for Health Care Administration
14 shall work with facilities licensed under this part and report
15 to the Governor and the Legislature by April 1, 2000, its
16 recommendations for cost-effective renovation standards to be
17 applied to existing facilities. In making such rules, the
18 agency shall be guided by criteria recommended by nationally
19 recognized, reputable professional groups and associations
20 having knowledge concerning such subject matters. The agency
21 shall update or revise such criteria as the need arises. All
22 facilities must comply with those lifesafety code requirements
23 and building code standards applicable at the time of approval
24 of their construction plans. The agency may require
25 alterations to a building if it determines that an existing
26 condition constitutes a distinct hazard to life, health, or
27 safety. The agency shall adopt fair and reasonable rules
28 setting forth conditions under which existing facilities
29 undergoing additions, alterations, conversions, renovations,
30 or repairs are required to comply with the most recent updated
31 or revised standards.
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1 (b) The number and qualifications of all personnel,
2 including management, medical nursing, and other personnel,
3 having responsibility for any part of the care given to
4 residents.
5 (c) All sanitary conditions within the facility and
6 its surroundings, including water supply, sewage disposal,
7 food handling, and general hygiene, which will ensure the
8 health and comfort of residents.
9 (d) The equipment essential to the health and welfare
10 of the residents.
11 (e) A uniform accounting system.
12 (f) The care, treatment, and maintenance of residents
13 and measurement of the quality and adequacy thereof.
14 (g) The preparation and annual update of a
15 comprehensive emergency management plan. The agency shall
16 adopt rules establishing minimum criteria for the plan after
17 consultation with the Department of Community Affairs. At a
18 minimum, the rules must provide for plan components that
19 address emergency evacuation transportation; adequate
20 sheltering arrangements; postdisaster activities, including
21 emergency power, food, and water; postdisaster transportation;
22 supplies; staffing; emergency equipment; individual
23 identification of residents and transfer of records; and
24 responding to family inquiries. The comprehensive emergency
25 management plan is subject to review and approval by the local
26 emergency management agency. During its review, the local
27 emergency management agency shall ensure that the following
28 agencies, at a minimum, are given the opportunity to review
29 the plan: the Department of Elderly Affairs, the Agency for
30 Persons with Disabilities Department of Children and Family
31 Services, the Agency for Health Care Administration, and the
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1 Department of Community Affairs. Also, appropriate volunteer
2 organizations must be given the opportunity to review the
3 plan. The local emergency management agency shall complete its
4 review within 60 days and either approve the plan or advise
5 the facility of necessary revisions.
6 (h) Each licensee shall post its license in a
7 prominent place that is in clear and unobstructed public view
8 at or near the place where residents are being admitted to the
9 facility.
10 (i) The use of restraint and seclusion. Such rules
11 must be consistent with recognized best practices and
12 professional judgment; prohibit inherently dangerous restraint
13 or seclusion procedures; establish limitations on the use and
14 duration of restraint and seclusion; establish measures to
15 ensure the safety of program participants and staff during an
16 incident of restraint or seclusion; create procedures for
17 staff to follow before, during, and after incidents of
18 restraint or seclusion; establish professional qualifications
19 of and training for staff who may order or be engaged in the
20 use of restraint or seclusion; and provide for mandatory
21 reporting, data-collection, and data-dissemination procedures
22 and requirements. Rules adopted under this section must
23 require that any instance of the use of restraint or seclusion
24 shall be documented in the facility's record of the client.
25 Section 44. Section 402.115, Florida Statutes, is
26 amended to read:
27 402.115 Sharing confidential or exempt
28 information.--Notwithstanding any other provision of law to
29 the contrary, the Department of Health, and the Department of
30 Children and Family Services, and the Agency for Persons with
31 Disabilities may share confidential information or information
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1 exempt from disclosure under chapter 119 on any individual who
2 is or has been the subject of a program within the
3 jurisdiction of each agency. Information so exchanged remains
4 confidential or exempt as provided by law.
5 Section 45. Section 402.17, Florida Statutes, is
6 amended to read:
7 402.17 Claims for care and maintenance; trust
8 property.--The Department of Children and Family Services and
9 the Agency for Persons with Disabilities shall protect the
10 financial interest of the state with respect to claims that
11 which the state may have for the care and maintenance of
12 clients of the department or agency. The department or agency
13 shall, as trustee, hold in trust and administer money of
14 clients and property designated for the personal benefit of
15 clients. The department or agency shall act as trustee of
16 clients' money and property entrusted to it in accordance with
17 the usual fiduciary standards applicable generally to
18 trustees, and shall act to protect both the short-term and
19 long-term interests of the clients for whose benefit it is
20 holding such money and property.
21 (1) CLAIMS FOR CARE AND MAINTENANCE.--
22 (a) The department or agency shall perform the
23 following acts:
24 1. Receive and supervise the collection of sums due
25 the state.
26 2. Bring any court action necessary to collect any
27 claim the state may have against any client, former client,
28 guardian of any client or former client, executor or
29 administrator of the client's estate, or any person against
30 whom any client or former client may have a claim.
31
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1 3. Obtain a copy of any inventory or appraisal of the
2 client's property filed with any court.
3 4. Obtain from the department's Economic
4 Self-Sufficiency Services Program Office a financial status
5 report on any client or former client, including the ability
6 of third parties responsible for such client to pay all or
7 part of the cost of the client's care and maintenance.
8 5. Petition the court for appointment of a guardian or
9 administrator for an otherwise unrepresented client or former
10 client should the financial status report or other information
11 indicate the need for such action. The cost of any such action
12 shall be charged against the assets or estate of the client.
13 6. Represent the interest of the state in any
14 litigation in which a client or former client is a party.
15 7. File claims with any person, firm, or corporation
16 or with any federal, state, county, district, or municipal
17 agency on behalf of an unrepresented client.
18 8. Represent the state in the settlement of the
19 estates of deceased clients or in the settlement of estates in
20 which a client or a former client against whom the state may
21 have a claim has a financial interest.
22 9. Establish procedures by rule for the use of amounts
23 held in trust for the client to pay for the cost of care and
24 maintenance, if such amounts would otherwise cause the client
25 to become ineligible for services which are in the client's
26 best interests.
27 (b) The department or agency of Children and Family
28 Services may charge off accounts if it certifies that the
29 accounts are uncollectible after diligent efforts have been
30 made to collect them. If the department certifies an account
31 to the Department of Financial Services, setting forth the
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1 circumstances upon which it predicates the uncollectibility,
2 and if, pursuant to s. 17.04, the Department of Financial
3 Services concurs, the account shall be charged off.
4 (2) MONEY OR OTHER PROPERTY RECEIVED FOR PERSONAL USE
5 OR BENEFIT OF ANY CLIENT.--The department or agency shall
6 perform the following acts:
7 (a) Accept and administer in trust, as a trustee
8 having a fiduciary responsibility to a client of the
9 department, any money or other property received for personal
10 use or benefit of that client. In the case of children in the
11 legal custody of the department, following the termination of
12 the parental rights as to that client, until the child such
13 client leaves the legal custody of the department due to the
14 client's adoption or attaining because the client attains the
15 age of 18 or, in the case of children who are otherwise in the
16 custody of the department, the court having jurisdiction over
17 such child client shall have jurisdiction, upon application of
18 the department or other interested party, to review or approve
19 any extraordinary action of the department acting as trustee
20 as to the child's client's money or other property. When
21 directed by a court of competent jurisdiction, the department
22 may further hold money or property of a child person under the
23 age of 18 who has been in the care, custody, or control of the
24 department and who is the subject of a court proceeding during
25 the pendency of that proceeding.
26 (b) Deposit the money in banks qualified as state
27 depositories, or in any bank, credit union, or savings and
28 loan association authorized to do business in this state,
29 provided moneys so deposited or held by such institutions are
30 fully insured by a federal depository or share insurance
31
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1 program, or an approved state depository or share insurance
2 program, and are available on demand.
3 (c) Withdraw the money and use it to meet current
4 needs of clients. For purposes of this paragraph, "current
5 needs" includes payment of fees assessed under s. 402.33. The
6 amount of money withdrawn by the department to meet current
7 needs of a client shall take into account the need of the
8 department or agency, as the trustee of a client's money and
9 property, to provide for the long-term needs of a client,
10 including, but not limited to, ensuring that to provide for
11 the need of a client under the age of 18 will to have
12 sufficient financial resources available to be able to
13 function as an adult upon reaching the age of 18, meeting or
14 to meet the special needs of a client who has a disability and
15 whose special needs cannot otherwise be met by any form of
16 public assistance or family resources, or maintaining to
17 maintain the client's eligibility for public assistance,
18 including medical assistance, under state or federal law.
19 (d) As trustee, invest in the manner authorized by law
20 for fiduciaries money not used for current needs of clients.
21 Such investments may include, but shall not be limited to,
22 investments in savings share accounts of any credit union
23 chartered under the laws of the United States and doing
24 business in this state, and savings share accounts of any
25 credit union chartered under the laws of this state, provided
26 the credit union is insured under the federal share insurance
27 program or an approved state share insurance program.
28 (3) DEPOSIT OF FUNDS RECEIVED.--Funds received by the
29 Department of Children and Family Services in accordance with
30 s. 402.33 shall be deposited into a trust fund for the
31 operation of the department.
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1 (4) DISPOSITION OF UNCLAIMED TRUST FUNDS.--Upon the
2 death of any client affected by the provisions of this
3 section, any unclaimed money held in trust by the department,
4 the agency, or by the Chief Financial Officer for the child
5 him or her shall be applied first to the payment of any unpaid
6 claim of the state against the client, and any balance
7 remaining unclaimed for a period of 1 year shall escheat to
8 the state as unclaimed funds held by fiduciaries.
9 (5) LEGAL REPRESENTATION.--To the extent that the
10 budget will permit, the Department of Legal Affairs shall
11 furnish the legal services to carry out the provisions of this
12 section. Upon the request of the department or agency of
13 Children and Family Services, the various state and county
14 attorneys shall assist in litigation within their
15 jurisdiction. The Such department or agency may retain legal
16 counsel for necessary legal services which cannot be furnished
17 by the Department of Legal Affairs and the various state and
18 county attorneys.
19 (6) DEPOSIT OR INVESTMENT OF FUNDS OF CLIENTS.--
20 (a) The department or agency of Children and Family
21 Services may deposit any funds of clients in its possession in
22 any bank in the state or may invest or reinvest such funds in
23 bonds or obligations of the United States for the payment of
24 which the full faith and credit of the United States is
25 pledged. For purposes of deposit only, the funds of any client
26 may be mingled with the funds of any other clients.
27 (b) The interest or increment accruing on such funds
28 shall be the property of the clients and shall be used or
29 conserved for the personal use or benefit of the individual
30 client, in accordance with the department's or agency's
31 fiduciary responsibility as a trustee for the money and
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1 property of the client held by the department. Such interest
2 shall not accrue to the general welfare of all clients.
3 Whenever any proposed action of the department or agency,
4 acting in its own interest, may conflict with the department's
5 or agency's obligation as a trustee with a fiduciary
6 responsibility to the client, the department or agency shall
7 promptly present the matter to a court of competent
8 jurisdiction for the court's determination as to what action
9 the department or agency may take. The department or agency
10 shall establish rules governing reasonable fees by rule for
11 the cost of administering such accounts and for establishing
12 the minimum balance eligible to earn interest.
13 (7) DISPOSITION OF MONEY AND PROPERTY OF CLIENTS UPON
14 ATTAINING AGE 18 OR DISCHARGE FROM CARE, CUSTODY, CONTROL, OR
15 SERVICES OF THE DEPARTMENT.--
16 (a) Whenever a client of the department for whom the
17 department is holding money or property as a trustee attains
18 the age of 18, and thereby will no longer be in the legal
19 custody of the department, the department shall promptly
20 disburse such money and property of the client the department
21 has held as a trustee to that client, or as that client
22 directs, as soon as practicable once the client attains the
23 age of 18.
24 (b) Whenever a client of the department over the age
25 of 18 for whom the department is holding money or property as
26 a trustee no longer requires the care, custody, control, or
27 services of the department, the department shall promptly
28 disburse such money and property of the client the department
29 has held as a trustee to that client, or as that client or a
30 court directs, as soon as practicable.
31
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1 (c) When a client under the age of 18 who has been in
2 the legal custody, care, or control of the department and for
3 whom the department is holding money or property as a trustee
4 attains the age of 18 and has a physical or mental disability,
5 or is otherwise incapacitated or incompetent to handle that
6 client's own financial affairs, the department shall apply for
7 a court order from a court of competent jurisdiction to
8 establish a trust on behalf of that client. Where there is no
9 willing relative of the client acceptable to the court
10 available to serve as trustee of such proposed trust, the
11 court may enter an order authorizing the department to serve
12 as trustee of a separate trust under such terms and conditions
13 as the court determines appropriate to the circumstances.
14 (d) When a client under the age of 18 who has been in
15 the legal custody, care, or control of the department and for
16 whom the department is holding money or property as a trustee
17 leaves the care, custody, and control of the department due to
18 adoption or placement of the client with a relative, or as
19 otherwise directed by a court of competent jurisdiction, the
20 department shall notify that court of the existence of the
21 money and property in the possession of the department either
22 prior to, or promptly after, receiving knowledge of the change
23 of custody, care, or control. The department shall apply for
24 an order from the court exercising jurisdiction over the
25 client to direct the disposition of the money and property
26 belonging to that client. The court order may establish a
27 trust in which the money and property of the client will be
28 deposited, appoint a guardian of a property as to the money or
29 property of the client, or direct the creation of a Uniform
30 Transfers Gifts to Minors Act account on behalf of that
31 client, as the court finds appropriate and under the terms and
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1 conditions the court determines appropriate to the
2 circumstances.
3 Section 46. Section 402.181, Florida Statutes, is
4 amended to read:
5 402.181 State Institutions Claims Program.--
6 (1) There is created a State Institutions Claims
7 Program, for the purpose of making restitution for property
8 damages and direct medical expenses for injuries caused by
9 shelter children or foster children, or escapees, inmates, or
10 patients of state institutions under the Department of
11 Children and Family Services, the Department of Health, the
12 Department of Juvenile Justice, or the Department of
13 Corrections, or the Agency for Persons with Disabilities.
14 (2) Claims for restitution may be filed with the
15 Department of Legal Affairs at its office in accordance with
16 regulations prescribed by the Department of Legal Affairs. The
17 Department of Legal Affairs shall have full power and
18 authority to hear, investigate, and determine all questions in
19 respect to such claims and is authorized, within the limits of
20 current appropriations, to pay individual claims up to $1,000
21 or, with respect to children in foster care and their
22 families, individual claims up to $1,500. Claims in excess of
23 these amounts shall continue to require legislative approval.
24 (3)(a) The Department of Legal Affairs shall make or
25 cause to be made such investigations as it considers necessary
26 in respect to such claims. Hearings shall be held in
27 accordance with chapter 120.
28 (b) The Department of Legal Affairs shall work with
29 the Department of Children and Family Services, the Department
30 of Health, the Department of Juvenile Justice, and the
31 Department of Corrections, and the Agency for Persons with
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1 Disabilities to streamline the process of investigations,
2 hearings, and determinations with respect to claims under this
3 section, to ensure that eligible claimants receive restitution
4 within a reasonable time.
5 Section 47. Section 402.20, Florida Statutes, is
6 amended to read:
7 402.20 County contracts authorized for services and
8 facilities for in mental health and developmental disabilities
9 retardation areas.--The boards of county commissioners are
10 authorized to provide monetary grants and facilities, and to
11 enter into renewable contracts, for services and facilities,
12 for a period not to exceed 2 years, with public and private
13 hospitals, clinics, and laboratories; other state agencies,
14 departments, or divisions; the state colleges and
15 universities; the community colleges; private colleges and
16 universities; counties; municipalities; towns; townships; and
17 any other governmental unit or nonprofit organization which
18 provides needed facilities for persons with mental illness or
19 developmental disabilities the mentally ill or retarded.
20 These services are hereby declared to be for a public and
21 county purpose. The county commissioners may make periodic
22 inspections to assure that the services or facilities provided
23 under this chapter meet the standards of the Department of
24 Children and Family Services and the Agency for Persons with
25 Disabilities.
26 Section 48. Section 402.22, Florida Statutes, is
27 amended to read:
28 402.22 Education program for students who reside in
29 residential care facilities operated by the Department of
30 Children and Family Services or the Agency for Persons with
31 Disabilities.--
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1 (1)(a) The Legislature recognizes that the Department
2 of Children and Family Services and the Agency for Persons
3 with Disabilities have under their has under its residential
4 care students with critical problems of physical impairment,
5 emotional disturbance, mental impairment, and learning
6 impairment.
7 (b) The Legislature recognizes the vital role of
8 education in the rehabilitation of such students. It is the
9 intent of the Legislature that all such students benefit from
10 educational services and receive such services.
11 (c) It is the intent of the Legislature that
12 educational services be coordinated with appropriate and
13 existing diagnostic and evaluative, social, followup, and
14 other therapeutic services of the department and agency of
15 Children and Family Services so that the effect of the total
16 rehabilitation process is maximized.
17 (d) It is the intent of the Legislature that, as
18 educational programs for students in residential care
19 facilities are implemented by the district school board,
20 educational personnel in the Department of Children and Family
21 Services residential care facilities who meet the
22 qualifications for employees of the district school board be
23 employed by the district school board.
24 (2) District school boards shall establish educational
25 programs for all students ages 5 through 18 under the
26 residential care of the Department of Children and Family
27 Services and the Agency for Persons with Disabilities, and may
28 provide for students below age 3 as provided for in s.
29 1003.21(1)(e). Funding of such programs shall be pursuant to
30 s. 1011.62.
31
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1 (3) Notwithstanding any provisions of chapters 39,
2 393, 394, and 397 to the contrary, the services of the
3 Department of Children and Family Services and the Agency for
4 Persons with Disabilities and those of the Department of
5 Education and district school boards shall be mutually
6 supportive and complementary of each other. The education
7 programs provided by the district school board shall meet the
8 standards prescribed by the State Board of Education and the
9 district school board. Decisions regarding the design and
10 delivery of department or agency of Children and Family
11 Services treatment or habilitative services shall be made by
12 interdisciplinary teams of professional and paraprofessional
13 staff of which appropriate district school system
14 administrative and instructional personnel shall be invited to
15 be participating members. The requirements for maintenance of
16 confidentiality as prescribed in chapters 39, 393, 394, and
17 397 shall be applied to information used by such
18 interdisciplinary teams, and such information shall be exempt
19 from the provisions of ss. 119.07(1) and 286.011.
20 (4) Students age 18 and under who are under the
21 residential care of the Department of Children and Family
22 Services or the Agency for Persons with Disabilities and who
23 receive an education program shall be calculated as full-time
24 equivalent student membership in the appropriate cost factor
25 as provided for in s. 1011.62(1)(c). Residential care
26 facilities of the Department of Children and Family Services
27 shall include, but not be limited to, developmental
28 disabilities services institutions and state mental health
29 facilities. All students shall receive their education
30 program from the district school system, and funding shall be
31
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1 allocated through the Florida Education Finance Program for
2 the district school system.
3 (5) Instructional and special educational services
4 that which are provided to mental health and retardation
5 clients with mental illness or developmental disabilities of
6 the department's or agency's in the Department of Children and
7 Family Services residential care facilities by local school
8 districts shall not be less than 180 days or 900 hours;
9 however, the 900 hours may be distributed over a 12-month
10 period, unless otherwise stated in rules developed by the
11 State Board of Education, with the concurrence of the
12 department or agency and adopted of Children and Family
13 Services promulgated pursuant to subsection (6).
14 (6) The State Board of Education, and the Department
15 of Children and Family Services, and the Agency for Persons
16 with Disabilities may adopt shall have the authority to
17 promulgate rules to which shall assist in the orderly transfer
18 of the instruction of students from department or agency
19 Department of Children and Family Services residential care
20 facilities to the district school system or to the public
21 education agency and which shall assist in implementing the
22 specific intent as stated in this act.
23 (7) Notwithstanding the provisions of s.
24 1001.42(4)(n), the educational program at the Marianna Sunland
25 Center in Jackson County shall be operated by the Department
26 of Education, either directly or through grants or contractual
27 agreements with other public educational agencies. The annual
28 state allocation to any such agency shall be computed pursuant
29 to s. 1011.62(1), (2), and (5) and allocated in the amount
30 that would have been provided the local school district in
31 which the residential facility is located.
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1 Section 49. Paragraph (c) of subsection (1) and
2 subsection (2) of section 402.33, Florida Statutes, are
3 amended to read:
4 402.33 Department authority to charge fees for
5 services provided.--
6 (1) As used in this section, the term:
7 (c) "Department" means the Department of Children and
8 Family Services, and the Department of Health, and the Agency
9 for Persons with Disabilities.
10 (2) The department, in accordance with rules
11 established by it, shall either charge, assess, or collect, or
12 cause to be charged, assessed, or collected, fees for any
13 service it provides to its clients either directly or through
14 its agencies or contractors, except for:
15 (a) Diagnosis and evaluation procedures necessary to
16 determine the client's eligibility and need for services
17 provided by the department;
18 (b) Customary and routine information and referral
19 services;
20 (c) Educational services provided in lieu of public
21 education;
22 (d) Specific services exempted by law from fee
23 assessment;
24 (e) Emergency shelter or emergency detention care and
25 custody prior to a detention hearing under chapter 39;
26 (f) Specific classes or types of services provided in
27 programs funded by grants, donations, or contracts that
28 prohibit charging fees;
29 (g) Developmental disability services provided under
30 chapter 393 to any person who is determined to be eligible for
31 such services by the department and whose earned income falls
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1 below the federal Health and Human Services Poverty
2 Guidelines, unless such fees are collected from third-party
3 benefits and benefit payments; or
4 (h) Any type of service for which the department
5 determines that the net estimated revenue from such fees after
6 deducting any loss of funds from federal grants occasioned by
7 such fees will be less than the estimated cost to charge and
8 collect such fees.
9
10 Fees, other than third-party benefits and benefit payments,
11 may not be charged for services provided to indigents whose
12 only sources of income are from state and federal aid. In
13 addition, fees may not be charged parents of a minor client
14 for services requested by the minor without parental consent
15 or for services provided a minor client who has been
16 permanently committed to the care and custody of the
17 department with parental rights permanently severed. However,
18 lack of parental consent does not preclude the charging of
19 fees established under chapter 39. The department may not
20 require A client who is receiving wages that which are below
21 the minimum wage under the federal Fair Labor Standards Act
22 may not be required to pay fees from such wages. Voluntary
23 payments for services must be encouraged.
24 Section 50. Paragraph (s) of subsection (3) of section
25 408.036, Florida Statutes, is amended to read:
26 408.036 Projects subject to review; exemptions.--
27 (3) EXEMPTIONS.--Upon request, the following projects
28 are subject to exemption from the provisions of subsection
29 (1):
30 (s) For beds in state developmental disabilities
31 services institutions as defined in s. 393.063.
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1 Section 51. Paragraphs (a), (j), and (k) of subsection
2 (4) of section 409.221, Florida Statutes, are amended to read:
3 409.221 Consumer-directed care program.--
4 (4) CONSUMER-DIRECTED CARE.--
5 (a) Program established.--The Agency for Health Care
6 Administration shall establish the consumer-directed care
7 program which shall be based on the principles of consumer
8 choice and control. The agency shall implement the program
9 upon federal approval. The agency shall establish interagency
10 cooperative agreements with and shall work with the
11 Departments of Elderly Affairs, Health, and Children and
12 Family Services and the Agency for Persons with Disabilities
13 to implement and administer the program. The program shall
14 allow enrolled persons to choose the providers of services and
15 to direct the delivery of services, to best meet their
16 long-term care needs. The program must operate within the
17 funds appropriated by the Legislature.
18 (j) Rules; federal waivers.--In order to implement
19 this section:
20 1. The agency and the Departments of Elderly Affairs,
21 Health, and Children and Family Services and the Agency for
22 Persons with Disabilities are authorized to adopt and enforce
23 rules.
24 2. The agency shall take all necessary action to
25 ensure state compliance with federal regulations. The agency
26 shall apply for any necessary federal waivers or waiver
27 amendments needed to implement the program.
28 (k) Reviews and reports.--The agency and the
29 Departments of Elderly Affairs, Health, and Children and
30 Family Services and the Agency for Persons with Disabilities
31 shall each, on an ongoing basis, review and assess the
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1 implementation of the consumer-directed care program. By
2 January 15 of each year, the agency shall submit a written
3 report to the Legislature that includes each department's
4 review of the program and contains recommendations for
5 improvements to the program.
6 Section 52. Paragraph (a) of subsection (2) and
7 subsection (8) of section 409.908, Florida Statutes, are
8 amended to read:
9 409.908 Reimbursement of Medicaid providers.--Subject
10 to specific appropriations, the agency shall reimburse
11 Medicaid providers, in accordance with state and federal law,
12 according to methodologies set forth in the rules of the
13 agency and in policy manuals and handbooks incorporated by
14 reference therein. These methodologies may include fee
15 schedules, reimbursement methods based on cost reporting,
16 negotiated fees, competitive bidding pursuant to s. 287.057,
17 and other mechanisms the agency considers efficient and
18 effective for purchasing services or goods on behalf of
19 recipients. If a provider is reimbursed based on cost
20 reporting and submits a cost report late and that cost report
21 would have been used to set a lower reimbursement rate for a
22 rate semester, then the provider's rate for that semester
23 shall be retroactively calculated using the new cost report,
24 and full payment at the recalculated rate shall be effected
25 retroactively. Medicare-granted extensions for filing cost
26 reports, if applicable, shall also apply to Medicaid cost
27 reports. Payment for Medicaid compensable services made on
28 behalf of Medicaid eligible persons is subject to the
29 availability of moneys and any limitations or directions
30 provided for in the General Appropriations Act or chapter 216.
31 Further, nothing in this section shall be construed to prevent
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1 or limit the agency from adjusting fees, reimbursement rates,
2 lengths of stay, number of visits, or number of services, or
3 making any other adjustments necessary to comply with the
4 availability of moneys and any limitations or directions
5 provided for in the General Appropriations Act, provided the
6 adjustment is consistent with legislative intent.
7 (2)(a)1. Reimbursement to nursing homes licensed under
8 part II of chapter 400 and state-owned-and-operated
9 intermediate care facilities for the developmentally disabled
10 licensed under part XI of chapter 400 chapter 393 must be made
11 prospectively.
12 2. Unless otherwise limited or directed in the General
13 Appropriations Act, reimbursement to hospitals licensed under
14 part I of chapter 395 for the provision of swing-bed nursing
15 home services must be made on the basis of the average
16 statewide nursing home payment, and reimbursement to a
17 hospital licensed under part I of chapter 395 for the
18 provision of skilled nursing services must be made on the
19 basis of the average nursing home payment for those services
20 in the county in which the hospital is located. When a
21 hospital is located in a county that does not have any
22 community nursing homes, reimbursement shall must be
23 determined by averaging the nursing home payments, in counties
24 that surround the county in which the hospital is located.
25 Reimbursement to hospitals, including Medicaid payment of
26 Medicare copayments, for skilled nursing services shall be
27 limited to 30 days, unless a prior authorization has been
28 obtained from the agency. Medicaid reimbursement may be
29 extended by the agency beyond 30 days, and approval must be
30 based upon verification by the patient's physician that the
31 patient requires short-term rehabilitative and recuperative
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1 services only, in which case an extension of no more than 15
2 days may be approved. Reimbursement to a hospital licensed
3 under part I of chapter 395 for the temporary provision of
4 skilled nursing services to nursing home residents who have
5 been displaced as the result of a natural disaster or other
6 emergency may not exceed the average county nursing home
7 payment for those services in the county in which the hospital
8 is located and is limited to the period of time which the
9 agency considers necessary for continued placement of the
10 nursing home residents in the hospital.
11 (8) A provider of home-based or community-based
12 services rendered pursuant to a federally approved waiver
13 shall be reimbursed based on an established or negotiated rate
14 for each service. These rates shall be established according
15 to an analysis of the expenditure history and prospective
16 budget developed by each contract provider participating in
17 the waiver program, or under any other methodology adopted by
18 the agency and approved by the Federal Government in
19 accordance with the waiver. Effective July 1, 1996, Privately
20 owned and operated community-based residential facilities
21 which meet agency requirements and which formerly received
22 Medicaid reimbursement for the optional intermediate care
23 facility for the mentally retarded service may participate in
24 the developmental services waiver as part of a
25 home-and-community-based continuum of care for Medicaid
26 recipients who receive waiver services.
27 Section 53. Subsection (3) of section 409.9127,
28 Florida Statutes, is amended to read:
29 409.9127 Preauthorization and concurrent utilization
30 review; conflict-of-interest standards.--
31
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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 54. 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 55. 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 56. 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 57. 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 58. 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 59. 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 60. Subsection (1) of section 419.001, Florida
19 Statutes, is 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" means the Department of Children and
2 Family Services, the Agency for Health Care Administration, or
3 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 Section 61. Paragraph (a) of subsection (3) of section
20 435.03, Florida Statutes, is amended to read:
21 435.03 Level 1 screening standards.--
22 (3) Standards must also ensure that the person:
23 (a) For employees and employers licensed or registered
24 pursuant to chapter 400, and for employees and employers of
25 developmental disabilities services institutions as defined in
26 s. 393.063, intermediate care facilities for the
27 developmentally disabled as defined in s. 400.960 s. 393.063,
28 and mental health treatment facilities as defined in s.
29 394.455, meets the requirements of this chapter.
30 Section 62. Paragraph (a) of subsection (2) of section
31 490.014, Florida Statutes, is amended to read:
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1 490.014 Exemptions.--
2 (2) No person shall be required to be licensed or
3 provisionally licensed under this chapter who:
4 (a) Is a salaried employee of a government agency;
5 developmental disability facility or services program, mental
6 health, alcohol, or drug abuse facility operating under
7 pursuant to chapter 393, chapter 394, or chapter 397;
8 subsidized child care program, subsidized child care case
9 management program, or child care resource and referral
10 program operating pursuant to chapter 402; child-placing or
11 child-caring agency licensed pursuant to chapter 409; domestic
12 violence center certified pursuant to chapter 39; accredited
13 academic institution; or research institution, if such
14 employee is performing duties for which he or she was trained
15 and hired solely within the confines of such agency, facility,
16 or institution, so long as the employee is not held out to the
17 public as a psychologist pursuant to s. 490.012(1)(a).
18 Section 63. Paragraph (a) of subsection (4) of section
19 491.014, Florida Statutes, is amended to read:
20 491.014 Exemptions.--
21 (4) No person shall be required to be licensed,
22 provisionally licensed, registered, or certified under this
23 chapter who:
24 (a) Is a salaried employee of a government agency;
25 developmental disability facility or services program, mental
26 health, alcohol, or drug abuse facility operating under
27 pursuant to chapter 393, chapter 394, or chapter 397;
28 subsidized child care program, subsidized child care case
29 management program, or child care resource and referral
30 program operating pursuant to chapter 402; child-placing or
31 child-caring agency licensed pursuant to chapter 409; domestic
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1 violence center certified pursuant to chapter 39; accredited
2 academic institution; or research institution, if such
3 employee is performing duties for which he or she was trained
4 and hired solely within the confines of such agency, facility,
5 or institution, so long as the employee is not held out to the
6 public as a clinical social worker, mental health counselor,
7 or marriage and family therapist.
8 Section 64. Section 944.602, Florida Statutes, is
9 amended to read:
10 944.602 Agency notification of Department of Children
11 and Family Services before release of mentally retarded
12 inmates.--Before the release by parole, release by reason of
13 gain-time allowances provided for in s. 944.291, or expiration
14 of sentence of any inmate who has been diagnosed as mentally
15 retarded as defined in s. 393.063, the Department of
16 Corrections shall notify the Agency for Persons with
17 Disabilities Department of Children and Family Services in
18 order that sufficient time be allowed to notify the inmate or
19 the inmate's representative, in writing, at least 7 days prior
20 to the inmate's release, of available community services.
21 Section 65. Subsections (2) and (3) of section
22 945.025, Florida Statutes, are amended to read:
23 945.025 Jurisdiction of department.--
24 (2) In establishing, operating, and utilizing these
25 facilities, the department shall attempt, whenever possible,
26 to avoid the placement of nondangerous offenders who have
27 potential for rehabilitation with repeat offenders or
28 dangerous offenders. Medical, mental, and psychological
29 problems shall be diagnosed and treated whenever possible. The
30 Department of Children and Family Services and the Agency for
31 Persons with Disabilities shall cooperate to ensure the
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1 delivery of services to persons under the custody or
2 supervision of the department. When it is the intent of the
3 department to transfer a mentally ill or retarded prisoner to
4 the Department of Children and Family Services or the Agency
5 for Persons with Disabilities, an involuntary commitment
6 hearing shall be held according to the provisions of chapter
7 393 or chapter 394.
8 (3) There shall be other correctional facilities,
9 including detention facilities of varying levels of security,
10 work-release facilities, and community correctional
11 facilities, halfway houses, and other approved community
12 residential and nonresidential facilities and programs;
13 however, no adult correctional facility may be established by
14 changing the use and purpose of any mental health facility or
15 mental health institution under the jurisdiction of any state
16 agency or department without authorization in the General
17 Appropriation Act or other approval by the Legislature. Any
18 facility the purpose and use of which was changed subsequent
19 to January 1, 1975, shall be returned to its original use and
20 purpose by July 1, 1977. However, the G. Pierce Wood Memorial
21 Hospital located at Arcadia, DeSoto County, may not be
22 converted into a correctional facility as long as such
23 hospital is in use as a state mental health hospital. Any
24 community residential facility may be deemed a part of the
25 state correctional system for purposes of maintaining custody
26 of offenders, and for this purpose the department may contract
27 for and purchase the services of such facilities.
28 Section 66. Section 947.185, Florida Statutes, is
29 amended to read:
30 947.185 Application for mental retardation services as
31 condition of parole.--The Parole Commission may require as a
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1 condition of parole that any inmate who has been diagnosed as
2 mentally retarded as defined in s. 393.063 shall, upon
3 release, apply for retardation services from the Agency for
4 Persons with Disabilities Department of Children and Family
5 Services.
6 Section 67. Subsection (3) of section 984.19, Florida
7 Statutes, is amended to read:
8 984.19 Medical screening and treatment of child;
9 examination of parent, guardian, or person requesting
10 custody.--
11 (3) A judge may order that a child alleged to be or
12 adjudicated a child in need of services be examined by a
13 licensed health care professional. The judge may also order
14 such child to be evaluated by a psychiatrist or a
15 psychologist, by a district school board educational needs
16 assessment team, or, if a developmental disability is
17 suspected or alleged, by a the developmental disability
18 diagnostic and evaluation team with of the Agency for Persons
19 with Disabilities Department of Children and Family Services.
20 The judge may order a family assessment if that assessment was
21 not completed at an earlier time. If it is necessary to place
22 a child in a residential facility for such evaluation, then
23 the criteria and procedure established in s. 394.463(2) or
24 chapter 393 shall be used, whichever is applicable. The
25 educational needs assessment provided by the district school
26 board educational needs assessment team shall include, but not
27 be limited to, reports of intelligence and achievement tests,
28 screening for learning disabilities and other handicaps, and
29 screening for the need for alternative education pursuant to
30 s. 1003.53.
31
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1 Section 68. Subsection (8) of section 984.225, Florida
2 Statutes, is amended to read:
3 984.225 Powers of disposition; placement in a
4 staff-secure shelter.--
5 (8) If the child requires residential mental health
6 treatment or residential care for a developmental disability,
7 the court shall refer the child to the Department of Children
8 and Family Services or the Agency for Persons with
9 Disabilities, as appropriate, for the provision of necessary
10 services.
11 Section 69. Paragraph (e) of subsection (5) of section
12 984.226, Florida Statutes, is amended to read:
13 984.226 Physically secure setting.--
14 (5)
15 (e) If the child requires residential mental health
16 treatment or residential care for a developmental disability,
17 the court shall refer the child to the Department of Children
18 and Family Services or the Agency for Persons with
19 Disabilities, as appropriate, for the provision of necessary
20 services.
21 Section 70. Subsection (1) of section 985.224, Florida
22 Statutes, is amended to read:
23 985.224 Medical, psychiatric, psychological, substance
24 abuse, and educational examination and treatment.--
25 (1) After a detention petition or a petition for
26 delinquency has been filed, the court may order the child
27 named in the petition to be examined by a physician. The court
28 may also order the child to be evaluated by a psychiatrist or
29 a psychologist, by a district school board educational needs
30 assessment team, or, if a developmental disability is
31 suspected or alleged, by a the developmental disabilities
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1 diagnostic and evaluation team with of the Agency for Persons
2 with Disabilities Department of Children and Family Services.
3 If it is necessary to place a child in a residential facility
4 for such evaluation, the criteria and procedures established
5 in chapter 393, chapter 394, or chapter 397, whichever is
6 applicable, shall be used.
7 Section 71. Section 1003.58, Florida Statutes, is
8 amended to read:
9 1003.58 Students in residential care facilities.--Each
10 district school board shall provide educational programs
11 according to rules of the State Board of Education to students
12 who reside in residential care facilities operated by the
13 Department of Children and Family Services or the Agency for
14 Persons with Disabilities.
15 (1) The district school board shall not be charged any
16 rent, maintenance, utilities, or overhead on such facilities.
17 Maintenance, repairs, and remodeling of existing facilities
18 shall be provided by the Department of Children and Family
19 Services or the Agency for Persons with Disabilities, as
20 appropriate.
21 (2) If additional facilities are required, the
22 district school board and the Department of Children and
23 Family Services or the Agency for Persons with Disabilities,
24 as appropriate, shall agree on the appropriate site based on
25 the instructional needs of the students. When the most
26 appropriate site for instruction is on district school board
27 property, a special capital outlay request shall be made by
28 the commissioner in accordance with s. 1013.60. When the most
29 appropriate site is on state property, state capital outlay
30 funds shall be requested by the department or agency in
31 accordance with chapter 216 of Children and Family Services as
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1 provided by s. 216.043 and shall be submitted as specified by
2 s. 216.023. Any instructional facility to be built on state
3 property shall have educational specifications jointly
4 developed by the school district and the department or agency
5 of Children and Family Services and approved by the Department
6 of Education. The size of space and occupant design capacity
7 criteria as provided by state board rules shall be used for
8 remodeling or new construction whether facilities are provided
9 on state property or district school board property. The
10 planning of such additional facilities shall incorporate
11 current state Department of Children and Family Services
12 deinstitutionalization goals and plans.
13 (3) The district school board shall have full and
14 complete authority in the matter of the assignment and
15 placement of such students in educational programs. The parent
16 of an exceptional student shall have the same due process
17 rights as are provided under s. 1003.57(5).
18 (4) The district school board shall have a written
19 agreement with the Department of Children and Family Services
20 and the Agency for Persons with Disabilities outlining the
21 respective duties and responsibilities of each party.
22
23 Notwithstanding the provisions herein, the educational program
24 at the Marianna Sunland Center in Jackson County shall be
25 operated by the Department of Education, either directly or
26 through grants or contractual agreements with other public or
27 duly accredited educational agencies approved by the
28 Department of Education.
29 Section 72. Paragraph (c) of subsection (3) of section
30 17.61, Florida Statutes, is amended to read:
31
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1 17.61 Chief Financial Officer; powers and duties in
2 the investment of certain funds.--
3 (3)
4 (c) Except as provided in this paragraph and except
5 for moneys described in paragraph (d), the following agencies
6 shall not invest trust fund moneys as provided in this
7 section, but shall retain such moneys in their respective
8 trust funds for investment, with interest appropriated to the
9 General Revenue Fund, pursuant to s. 17.57:
10 1. The Agency for Health Care Administration, except
11 for the Tobacco Settlement Trust Fund.
12 2. The Department of Children and Family Services,
13 except for:
14 a. The Alcohol, Drug Abuse, and Mental Health Trust
15 Fund.
16 b. The Community Resources Development Loan Trust Fund
17 in the the Agency for Disabilities Administrative Trust Fund.
18 c. The Refugee Assistance Trust Fund.
19 d. The Social Services Block Grant Trust Fund.
20 e. The Tobacco Settlement Trust Fund.
21 f. The Working Capital Trust Fund.
22 3. The Department of Community Affairs, only for the
23 Operating Trust Fund.
24 4. The Department of Corrections.
25 5. The Department of Elderly Affairs, except for:
26 a. The Federal Grants Trust Fund.
27 b. The Tobacco Settlement Trust Fund.
28 6. The Department of Health, except for:
29 a. The Federal Grants Trust Fund.
30 b. The Grants and Donations Trust Fund.
31
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1 c. The Maternal and Child Health Block Grant Trust
2 Fund.
3 d. The Tobacco Settlement Trust Fund.
4 7. The Department of Highway Safety and Motor
5 Vehicles, only for:
6 a. The DUI Programs Coordination Trust Fund.
7 b. The Security Deposits Trust Fund.
8 8. The Department of Juvenile Justice.
9 9. The Department of Law Enforcement.
10 10. The Department of Legal Affairs.
11 11. The Department of State, only for:
12 a. The Grants and Donations Trust Fund.
13 b. The Records Management Trust Fund.
14 12. The Executive Office of the Governor, only for:
15 a. The Economic Development Transportation Trust Fund.
16 b. The Economic Development Trust Fund.
17 13. The Florida Public Service Commission, only for
18 the Florida Public Service Regulatory Trust Fund.
19 14. The Justice Administrative Commission.
20 15. The state courts system.
21 Section 73. Paragraph (b) of subsection (5) of section
22 400.464, Florida Statutes, is amended to read:
23 400.464 Home health agencies to be licensed;
24 expiration of license; exemptions; unlawful acts; penalties.--
25 (5) The following are exempt from the licensure
26 requirements of this part:
27 (b) Home health services provided by a state agency,
28 either directly or through a contractor with:
29 1. The Department of Elderly Affairs.
30 2. The Department of Health, a community health
31 center, or a rural health network that furnishes home visits
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1 for the purpose of providing environmental assessments, case
2 management, health education, personal care services, family
3 planning, or followup treatment, or for the purpose of
4 monitoring and tracking disease.
5 3. Services provided to persons with who have
6 developmental disabilities, as defined in s. 393.063.
7 4. Companion and sitter organizations that were
8 registered under s. 400.509(1) on January 1, 1999, and were
9 authorized to provide personal services under s. 393.063(33)
10 under a developmental services provider certificate on January
11 1, 1999, may continue to provide such services to past,
12 present, and future clients of the organization who need such
13 services, notwithstanding the provisions of this act.
14 5. The Department of Children and Family Services.
15 Section 74. Subsection (4) of section 984.22, Florida
16 Statutes, is amended to read:
17 984.22 Powers of disposition.--
18 (4) All payments of fees made to the department under
19 pursuant to this chapter, or child support payments made to
20 the department pursuant to subsection (3), shall be deposited
21 in the General Revenue Fund. In cases in which the child is
22 placed in foster care with the Department of Children and
23 Family Services, such child support payments shall be
24 deposited in the Community Resources Development Trust Fund.
25 Section 75. This act shall take effect July 1, 2006.
26
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2012
3
4 Requires confirmation by the Senate of the Director of the
Agency for Persons with Disabilities and authorizes the agency
5 to create a budget division and an operations division.
6 Amends s. 287.155, F.S., to allow the Agency for Persons with
Disabilities to purchase vehicles.
7
Reinserts current definitions of "autism" and "active
8 treatment."
9 Deletes language that prohibited a paid service provider from
also acting as an authorized representative of a client in an
10 administrative hearing process.
11 Authorizes the Department of Children and Family Services and
the Agency for Health Care Administration to promulgate rules
12 for the use of physical restraints and seclusion.
13 Authorizes the Agency for Persons with Disabilities to develop
a consumer-directed care program with the Medicaid program in
14 the Agency for Health Care Administration.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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