Senate Bill sb2012c2
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By the Committees on Judiciary; 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; revising the requirements for
17 background screening of applicants for
18 licensure and managers, supervisors, and staff
19 members of service providers; requiring that
20 the agency adopt rules governing the reporting
21 of incidents; deleting certain responsibilities
22 of the Agency for Health Care Administration
23 with respect to the development and review of
24 emergency management plans; amending s.
25 393.0673, F.S.; providing circumstances under
26 which the agency may deny, revoke, or suspend a
27 license or impose a fine; requiring the Agency
28 for Persons with Disabilities to adopt rules
29 for evaluating violations and determining the
30 amount of fines; amending s. 393.0674, F.S.;
31 providing a penalty for failure by a provider
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1 to comply with background screening
2 requirements; amending s. 393.0675, F.S.;
3 deleting certain obsolete provisions requiring
4 that a provider be of good moral character;
5 amending s. 393.0678, F.S.; deleting provisions
6 governing receivership proceedings for an
7 intermediate care facility for the
8 developmentally disabled; amending s. 393.068,
9 F.S.; requiring that the family care program
10 emphasize self-determination; removing
11 supported employment from the list of services
12 available under the family care program;
13 revising certain requirements for reimbursing a
14 family care program provider; amending s.
15 393.0695, F.S., relating to in-home subsidies;
16 requiring that the Agency for Persons with
17 Disabilities adopt rules for such subsidies;
18 amending s. 393.075, F.S., relating to
19 liability coverage for facilities licensed by
20 the agency; conforming terminology; amending s.
21 393.11, F.S.; revising provisions governing the
22 involuntary admission of a person to
23 residential services; clarifying provisions
24 governing involuntary commitment; requiring
25 that a person who is charged with a felony will
26 have his or her competency determined under ch.
27 916, F.S.; conforming terminology; amending s.
28 393.122, F.S.; clarifying requirements
29 governing applications for continued
30 residential services; amending s. 393.13, F.S.,
31 relating to the Bill of Rights of Persons Who
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1 are Developmentally Disabled; deleting a
2 provision protecting minimum wage compensation
3 for certain programs; limiting the use of
4 restraint and seclusion; requiring the agency
5 to adopt rules governing the use of restraint
6 or seclusion; revising requirements for client
7 records; deleting certain requirements
8 governing local advocacy councils; allowing the
9 resident government to include disability
10 advocates from the community; amending s.
11 393.135, F.S.; revising definitions; 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; authorizing licensure of certain
8 existing programs; creating s. 393.23, F.S.;
9 requiring that receipts from operating
10 canteens, vending machines, and other like
11 activities in a developmental disabilities
12 institution be deposited in a trust account in
13 a bank, credit union, or savings and loan
14 association; describing how the moneys earned
15 may be expended; allowing for the investment of
16 the funds; requiring that the accounting system
17 at the institution account for the revenues and
18 expenses of the activities; requiring that
19 sales tax moneys be remitted to the Department
20 of Revenue; amending s. 393.501, F.S.; revising
21 the agency's rulemaking authority; providing
22 requirements for rules governing alternative
23 living centers and independent living education
24 centers; amending s. 394.453, F.S.; declaring
25 that the policy of the state is to achieve an
26 ongoing reduction of the use of restraint and
27 seclusion on persons with mental illness who
28 are served by programs and facilities operated,
29 licensed, or monitored by the agency; amending
30 s. 394.455, F.S.; defining the terms
31 "restraint" and "seclusion" for purposes of the
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1 Baker Act; amending s. 394.457, F.S.; requiring
2 the Department of Children and Family Services
3 to adopt rules for the use of restraint and
4 seclusion for cases handled under the Baker
5 Act; amending s. 394.879, F.S.; requiring that
6 rules be adopted for the use of restraint and
7 seclusion; amending s. 397.405, F.S.;
8 clarifying an exemption from licensure provided
9 to certain facilities licensed under ch. 393,
10 F.S.; amending s. 400.419, F.S.; requiring that
11 a list of facilities subject to sanctions or
12 fines be disseminated to the Agency for Persons
13 with Disabilities; amending s. 400.960, F.S.;
14 revising definitions for purposes of part XI of
15 ch. 400, F.S., relating to nursing homes and
16 related facilities; amending 400.962, F.S.;
17 requiring an applicant for a license to operate
18 an intermediate care facility to agree to
19 provide or arrange for active treatment
20 services; providing rulemaking authority;
21 amending s. 400.967, F.S., relating to rules
22 and classification of deficiencies; conforming
23 provisions to the transfer of duties from the
24 Department of Children and Family Services to
25 the Agency for Persons with Disabilities;
26 requiring that rules be adopted for the use of
27 restraint and seclusion; amending ss. 402.115,
28 402.17, 402.181, 402.20, 402.22, and 402.33,
29 F.S.; including the Agency for Persons with
30 Disabilities within provisions governing the
31 sharing of information, claims for the care and
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1 maintenance of facility residents, county
2 contracts for services for persons with
3 developmental disabilities, education programs
4 for students who reside in state facilities,
5 and fees for services; conforming provisions to
6 changes made by the act; correcting a
7 cross-reference; amending s. 408.036, F.S.,
8 relating to projects that are exempt from
9 obtaining a certificate of need; conforming
10 terminology; amending s. 409.221, F.S.,
11 relating to the consumer directed care program;
12 conforming provisions to changes made by the
13 act; amending ss. 409.908 and 409.9127, F.S.,
14 relating to the Medicaid program; conforming a
15 cross-reference; deleting obsolete provisions;
16 amending ss. 411.224 and 411.232, F.S.;
17 conforming provisions to the transfer of duties
18 from the Developmental Disabilities Program
19 Office within the Department of Children and
20 Family Services to the Agency for Persons with
21 Disabilities; amending ss. 415.102, 415.1035,
22 415.1055, and 415.107, F.S.; conforming
23 terminology; including the Agency for Persons
24 with Disabilities within provisions providing
25 requirements that a facility inform residents
26 of certain rights, notification requirements
27 for administrative entities, and requirements
28 for maintaining the confidentiality of reports
29 and records; amending s. 435.03, F.S., relating
30 to screening standards; conforming terminology
31 and a cross-reference; amending ss. 490.014 and
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1 491.014, F.S., relating to exemptions from
2 licensure for psychologists and certain
3 specified counselors, respectively; conforming
4 provisions to changes made by the act; amending
5 ss. 944.602, 945.025, 947.185, and 985.224,
6 F.S., relating to the Department of
7 Corrections, the Parole Commission, and
8 petitions alleging delinquency; conforming
9 provisions to the transfer of duties from the
10 Developmental Disabilities Program Office
11 within the Department of Children and Family
12 Services to the Agency for Persons with
13 Disabilities; amending s. 1003.58, F.S.;
14 including facilities operated by the Agency for
15 Persons with Disabilities within provisions
16 governing the residential care of students;
17 amending ss. 17.61 and 400.464, F.S., relating
18 to investment of certain funds and home health
19 services for persons with disabilities,
20 respectively; conforming provisions to changes
21 made by the act; amending s. 744.704, F.S.;
22 correcting a cross-reference; amending s.
23 984.22, F.S.; removing a provision that
24 specifies fines be deposited into the Community
25 Resources Development Trust Fund; creating part
26 III of ch. 282, F.S.; requiring that the
27 executive, legislative, and judicial branches
28 of state government provide to individuals with
29 disabilities access to and use of information
30 and data that is comparable to the information
31 and data provided to individuals who do not
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1 have disabilities; providing certain
2 exceptions; providing definitions; requiring
3 that each state agency use accessible
4 electronic information and information
5 technology that conforms with specified
6 provisions of federal law; providing certain
7 exceptions; requiring the Department of
8 Management Services to adopt rules; providing
9 an exception for electronic information and
10 information technology involving military
11 activities or criminal intelligence activities;
12 specifying that the act applies to competitive
13 solicitations; providing legislative intent;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 20.197, Florida Statutes, is
19 amended to read:
20 20.197 Agency for Persons with Disabilities.--There is
21 created the Agency for Persons with Disabilities, housed
22 within the Department of Children and Family Services for
23 administrative purposes only. The agency shall be a separate
24 budget entity not subject to control, supervision, or
25 direction by the Department of Children and Family Services in
26 any manner, including, but not limited to, personnel,
27 purchasing, transactions involving real or personal property,
28 and budgetary matters.
29 (1) The director of the agency shall be the agency
30 head for all purposes and shall be appointed by the Governor,
31 subject to confirmation by the Senate, and shall serve at the
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1 pleasure of the Governor. The director shall administer the
2 affairs of the agency and establish administrative units as
3 needed and may, within available resources, employ assistants,
4 professional staff, and other employees as necessary to
5 discharge the powers and duties of the agency.
6 (2) The agency shall include a Division of Budget and
7 Planning and a Division of Operations. In addition, and in
8 accordance with s. 20.04, the director of the agency may
9 recommend establishing additional divisions, bureaus,
10 sections, and subsections of the agency in order to promote
11 efficient and effective operation of the agency.
12 (3)(2) The agency is shall be responsible for
13 providing the provision of all services provided to persons
14 with developmental disabilities under pursuant to chapter 393,
15 including the operation of all state institutional programs
16 and the programmatic management of Medicaid waivers
17 established to provide services to persons with developmental
18 disabilities.
19 (4)(3) The agency shall engage in such other
20 administrative activities as are deemed necessary to
21 effectively and efficiently address the needs of the agency's
22 clients.
23 (5)(4) The agency shall enter into an interagency
24 agreement that delineates the responsibilities of the Agency
25 for Health Care Administration for the following:
26 (a) The terms and execution of contracts with Medicaid
27 providers for the provision of services provided through
28 Medicaid, including federally approved waiver programs.
29 (b) The billing, payment, and reconciliation of claims
30 for Medicaid services reimbursed by the agency.
31
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1 (c) The implementation of utilization management
2 measures, including the prior authorization of services plans
3 and the streamlining and consolidation of waivers services, to
4 ensure the cost-effective provision of needed Medicaid
5 services and to maximize the number of persons with access to
6 such services.
7 (d) A system of approving each client's plan of care
8 to ensure that the services on the plan of care are those that
9 without which the client would require the services of an
10 intermediate care facility for the developmentally disabled.
11 Section 2. Paragraph (b) of subsection (7) of section
12 39.001, Florida Statutes, is amended to read:
13 39.001 Purposes and intent; personnel standards and
14 screening.--
15 (7) PLAN FOR COMPREHENSIVE APPROACH.--
16 (b) The development of the comprehensive state plan
17 shall be accomplished in the following manner:
18 1. The department shall establish an interprogram task
19 force comprised of the Program Director for Family Safety, or
20 a designee, a representative from the Child Care Services
21 Program Office, a representative from the Family Safety
22 Program Office, a representative from the Mental Health
23 Program Office, a representative from the Substance Abuse
24 Program Office, a representative from the Agency for Persons
25 with Disabilities Developmental Disabilities Program Office,
26 and a representative from the Division of Children's Medical
27 Services Network Prevention and Intervention of the Department
28 of Health. Representatives of the Department of Law
29 Enforcement and of the Department of Education shall serve as
30 ex officio members of the interprogram task force. The
31 interprogram task force shall be responsible for:
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1 a. Developing a plan of action for better coordination
2 and integration of the goals, activities, and funding
3 pertaining to the prevention of child abuse, abandonment, and
4 neglect conducted by the department in order to maximize staff
5 and resources at the state level. The plan of action shall be
6 included in the state plan.
7 b. Providing a basic format to be utilized by the
8 districts in the preparation of local plans of action in order
9 to provide for uniformity in the district plans and to provide
10 for greater ease in compiling information for the state plan.
11 c. Providing the districts with technical assistance
12 in the development of local plans of action, if requested.
13 d. Examining the local plans to determine if all the
14 requirements of the local plans have been met and, if they
15 have not, informing the districts of the deficiencies and
16 requesting the additional information needed.
17 e. Preparing the state plan for submission to the
18 Legislature and the Governor. Such preparation shall include
19 the collapsing of information obtained from the local plans,
20 the cooperative plans with the Department of Education, and
21 the plan of action for coordination and integration of
22 departmental activities into one comprehensive plan. The
23 comprehensive plan shall include a section reflecting general
24 conditions and needs, an analysis of variations based on
25 population or geographic areas, identified problems, and
26 recommendations for change. In essence, the plan shall provide
27 an analysis and summary of each element of the local plans to
28 provide a statewide perspective. The plan shall also include
29 each separate local plan of action.
30
31
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1 f. Working with the specified state agency in
2 fulfilling the requirements of subparagraphs 2., 3., 4., and
3 5.
4 2. The department, the Department of Education, and
5 the Department of Health shall work together in developing
6 ways to inform and instruct parents of school children and
7 appropriate district school personnel in all school districts
8 in the detection of child abuse, abandonment, and neglect and
9 in the proper action that should be taken in a suspected case
10 of child abuse, abandonment, or neglect, and in caring for a
11 child's needs after a report is made. The plan for
12 accomplishing this end shall be included in the state plan.
13 3. The department, the Department of Law Enforcement,
14 and the Department of Health shall work together in developing
15 ways to inform and instruct appropriate local law enforcement
16 personnel in the detection of child abuse, abandonment, and
17 neglect and in the proper action that should be taken in a
18 suspected case of child abuse, abandonment, or neglect.
19 4. Within existing appropriations, the department
20 shall work with other appropriate public and private agencies
21 to emphasize efforts to educate the general public about the
22 problem of and ways to detect 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. The
25 plan for accomplishing this end shall be included in the state
26 plan.
27 5. The department, the Department of Education, and
28 the Department of Health shall work together on the
29 enhancement or adaptation of curriculum materials to assist
30 instructional personnel in providing instruction through a
31 multidisciplinary approach on the identification,
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1 intervention, and prevention of child abuse, abandonment, and
2 neglect. The curriculum materials shall be geared toward a
3 sequential program of instruction at the four progressional
4 levels, K-3, 4-6, 7-9, and 10-12. Strategies for encouraging
5 all school districts to utilize the curriculum are to be
6 included in the comprehensive state plan for the prevention of
7 child abuse, abandonment, and neglect.
8 6. Each district of the department shall develop a
9 plan for its specific geographical area. The plan developed at
10 the district level shall be submitted to the interprogram task
11 force for utilization in preparing the state plan. The
12 district local plan of action shall be prepared with the
13 involvement and assistance of the local agencies and
14 organizations listed in paragraph (a), as well as
15 representatives from those departmental district offices
16 participating in the treatment and prevention of child abuse,
17 abandonment, and neglect. In order to accomplish this, the
18 district administrator in each district shall establish a task
19 force on the prevention of child abuse, abandonment, and
20 neglect. The district administrator shall appoint the members
21 of the task force in accordance with the membership
22 requirements of this section. In addition, the district
23 administrator shall ensure that each subdistrict is
24 represented on the task force; and, if the district does not
25 have subdistricts, the district administrator shall ensure
26 that both urban and rural areas are represented on the task
27 force. The task force shall develop a written statement
28 clearly identifying its operating procedures, purpose, overall
29 responsibilities, and method of meeting responsibilities. The
30 district plan of action to be prepared by the task force shall
31 include, but shall not be limited to:
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1 a. Documentation of the magnitude of the problems of
2 child abuse, including sexual abuse, physical abuse, and
3 emotional abuse, and child abandonment and neglect in its
4 geographical area.
5 b. A description of programs currently serving abused,
6 abandoned, and neglected children and their families and a
7 description of programs for the prevention of child abuse,
8 abandonment, and neglect, including information on the impact,
9 cost-effectiveness, and sources of funding of such programs.
10 c. A continuum of programs and services necessary for
11 a comprehensive approach to the prevention of all types of
12 child abuse, abandonment, and neglect as well as a brief
13 description of such programs and services.
14 d. A description, documentation, and priority ranking
15 of local needs related to child abuse, abandonment, and
16 neglect prevention based upon the continuum of programs and
17 services.
18 e. A plan for steps to be taken in meeting identified
19 needs, including the coordination and integration of services
20 to avoid unnecessary duplication and cost, and for alternative
21 funding strategies for meeting needs through the reallocation
22 of existing resources, utilization of volunteers, contracting
23 with local universities for services, and local government or
24 private agency funding.
25 f. A description of barriers to the accomplishment of
26 a comprehensive approach to the prevention of child abuse,
27 abandonment, and neglect.
28 g. Recommendations for changes that can be
29 accomplished only at the state program level or by legislative
30 action.
31
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1 Section 3. Paragraphs (a) and (h) of subsection (2) of
2 section 39.202, Florida Statutes, are amended to read:
3 39.202 Confidentiality of reports and records in cases
4 of child abuse or neglect.--
5 (2) Except as provided in subsection (4), access to
6 such records, excluding the name of the reporter which shall
7 be released only as provided in subsection (5), shall be
8 granted only to the following persons, officials, and
9 agencies:
10 (a) Employees, authorized agents, or contract
11 providers of the department, the Department of Health, the
12 Agency for Persons with Disabilities, or county agencies
13 responsible for carrying out:
14 1. Child or adult protective investigations;
15 2. Ongoing child or adult protective services;
16 3. Healthy Start services; or
17 4. Licensure or approval of adoptive homes, foster
18 homes, or child care facilities, facilities licensed under
19 chapter 393, or family day care homes or informal child care
20 providers who receive subsidized child care funding, or other
21 homes used to provide for the care and welfare of children.
22 5. Services for victims of domestic violence when
23 provided by certified domestic violence centers working at the
24 department's request as case consultants or with shared
25 clients.
26
27 Also, employees or agents of the Department of Juvenile
28 Justice responsible for the provision of services to children,
29 pursuant to chapters 984 and 985.
30 (h) Any appropriate official of the department or the
31 Agency for Persons with Disabilities who is responsible for:
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1 1. Administration or supervision of the department's
2 program for the prevention, investigation, or treatment of
3 child abuse, abandonment, or neglect, or abuse, neglect, or
4 exploitation of a vulnerable adult, when carrying out his or
5 her official function;
6 2. Taking appropriate administrative action concerning
7 an employee of the department or the agency who is alleged to
8 have perpetrated child abuse, abandonment, or neglect, or
9 abuse, neglect, or exploitation of a vulnerable adult; or
10 3. Employing and continuing employment of personnel of
11 the department or the agency.
12 Section 4. Subsection (5) of section 39.407, Florida
13 Statutes, is amended to read:
14 39.407 Medical, psychiatric, and psychological
15 examination and treatment of child; physical or mental
16 examination of parent or person requesting custody of child.--
17 (5) A judge may order a child in an out-of-home
18 placement to be treated by a licensed health care professional
19 based on evidence that the child should receive treatment. The
20 judge may also order such child to receive mental health or
21 developmental disabilities services from a psychiatrist,
22 psychologist, or other appropriate service provider. Except as
23 provided in subsection (6), if it is necessary to place the
24 child in a residential facility for such services, the
25 procedures and criteria established in s. 394.467 or chapter
26 393 shall be used, whichever is applicable. A child may be
27 provided developmental disabilities or mental health services
28 in emergency situations, pursuant to the procedures and
29 criteria contained in s. 394.463(1) or chapter 393, whichever
30 is applicable. Nothing in this section confers jurisdiction to
31
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1 the court with regard to determining eligibility or ordering
2 services under chapter 393.
3 Section 5. Section 287.155, Florida Statutes, is
4 amended to read:
5 287.155 Motor vehicles; purchase by Division of
6 Universities, Department of Children and Family Services,
7 Agency for Persons with Disabilities, Department of Health,
8 Department of Juvenile Justice, and Department of
9 Corrections.--
10 (1) The Division of Universities of the Department of
11 Education, the Department of Children and Family Services, the
12 Agency for Persons with Disabilities, the Department of
13 Health, the Department of Juvenile Justice, and the Department
14 of Corrections may are hereby authorized, subject to the
15 approval of the Department of Management Services, to purchase
16 automobiles, trucks, tractors, and other automotive equipment
17 for the use of institutions under the management of the
18 Division of Universities, the Department of Children and
19 Family Services, the Agency for Persons with Disabilities, the
20 Department of Health, and the Department of Corrections, and
21 for the use of residential facilities managed or contracted by
22 the Department of Juvenile Justice.
23 (2) The Department of Corrections shall, prior to
24 purchasing motor vehicles, seek to procure the motor vehicles
25 from those vehicles renovated pursuant to correctional work
26 programs of the Department of Corrections, and for the use of
27 residential facilities managed or contracted by the Department
28 of Juvenile Justice.
29 (3) The Department of Health is authorized, subject to
30 the approval of the Department of Management Services, to
31
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1 purchase automobiles, trucks, and other automotive equipment
2 for use by county health departments.
3 Section 6. Paragraph (a) of subsection (3) of section
4 381.0072, Florida Statutes, is amended to read:
5 381.0072 Food service protection.--It shall be the
6 duty of the Department of Health to adopt and enforce
7 sanitation rules consistent with law to ensure the protection
8 of the public from food-borne illness. These rules shall
9 provide the standards and requirements for the storage,
10 preparation, serving, or display of food in food service
11 establishments as defined in this section and which are not
12 permitted or licensed under chapter 500 or chapter 509.
13 (3) LICENSES REQUIRED.--
14 (a) Licenses; annual renewals.--Each food service
15 establishment regulated under this section shall obtain a
16 license from the department annually. Food service
17 establishment licenses shall expire annually and are shall not
18 be transferable from one place or individual to another.
19 However, those facilities licensed by the department's Office
20 of Licensure and Certification, the Child Care Services
21 Program Office, or the Agency for Persons with Developmental
22 Disabilities Program Office are exempt from this subsection.
23 It shall be a misdemeanor of the second degree, punishable as
24 provided in s. 381.0061, s. 775.082, or s. 775.083, for such
25 an establishment to operate without this license. The
26 department may refuse a license, or a renewal thereof, to any
27 establishment that is not constructed or maintained in
28 accordance with law and with the rules of the department.
29 Annual application for renewal is shall not be required.
30 Section 7. Subsection (5) of section 383.14, Florida
31 Statutes, is amended to read:
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1 383.14 Screening for metabolic disorders, other
2 hereditary and congenital disorders, and environmental risk
3 factors.--
4 (5) ADVISORY COUNCIL.--There is established a Genetics
5 and Newborn Screening Advisory Council made up of 15 members
6 appointed by the Secretary of Health. The council shall be
7 composed of two consumer members, three practicing
8 pediatricians, at least one of whom must be a pediatric
9 hematologist, one representative from each of the four medical
10 schools in the state, the Secretary of Health or his or her
11 designee, one representative from the Department of Health
12 representing Children's Medical Services, one representative
13 from the Florida Hospital Association, one individual with
14 experience in newborn screening programs, one individual
15 representing audiologists, and one representative from the
16 Agency for Persons with Disabilities Developmental
17 Disabilities Program Office of the Department of Children and
18 Family Services. All appointments shall be for a term of 4
19 years. The chairperson of the council shall be elected from
20 the membership of the council and shall serve for a period of
21 2 years. The council shall meet at least semiannually or upon
22 the call of the chairperson. The council may establish ad hoc
23 or temporary technical advisory groups to assist the council
24 with specific topics which come before the council. Council
25 members shall serve without pay. Pursuant to the provisions of
26 s. 112.061, the council members are entitled to be reimbursed
27 for per diem and travel expenses. It is the purpose of the
28 council to advise the department about:
29 (a) Conditions for which testing should be included
30 under the screening program and the genetics program.
31
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1 (b) Procedures for collection and transmission of
2 specimens and recording of results.
3 (c) Methods whereby screening programs and genetics
4 services for children now provided or proposed to be offered
5 in the state may be more effectively evaluated, coordinated,
6 and consolidated.
7 Section 8. Section 393.061, Florida Statutes, is
8 repealed.
9 Section 9. Section 393.062, Florida Statutes, is
10 amended to read:
11 393.062 Legislative findings and declaration of
12 intent.--The Legislature finds and declares that existing
13 state programs for the treatment of individuals with
14 developmental disabilities who are developmentally disabled,
15 which often unnecessarily place clients in institutions, are
16 unreasonably costly, are ineffective in bringing the
17 individual client to his or her maximum potential, and are in
18 fact debilitating to many a great majority of clients. A
19 redirection in state treatment programs for individuals with
20 developmental disabilities who are developmentally disabled is
21 necessary if any significant amelioration of the problems
22 faced by such individuals is ever to take place. Such
23 redirection should place primary emphasis on programs that
24 have the potential to prevent or reduce the severity of
25 developmental disabilities. Further, the Legislature declares
26 that greatest priority shall be given to the development and
27 implementation of community-based residential placements,
28 services that, and treatment programs for individuals who are
29 developmentally disabled which will enable such individuals
30 with developmental disabilities to achieve their greatest
31 potential for independent and productive living, which will
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1 enable them to live in their own homes or in residences
2 located in their own communities, and which will permit them
3 to be diverted or removed from unnecessary institutional
4 placements. This goal The Legislature finds that the
5 eligibility criteria for intermediate-care facilities for the
6 developmentally disabled which are specified in the Medicaid
7 state plan in effect on the effective date of this act are
8 essential to the system of residential services. The
9 Legislature declares that the goal of this act, to improve the
10 quality of life of all developmentally disabled persons by the
11 development and implementation of community-based residential
12 placements, services, and treatment, cannot be met without
13 ensuring the availability of community residential
14 opportunities for developmentally disabled persons in the
15 residential areas of this state. The Legislature, therefore,
16 declares that all persons with developmental disabilities who
17 live in licensed community homes shall have a family living
18 environment comparable to other Floridians and. The
19 Legislature intends that such residences shall be considered
20 and treated as a functional equivalent of a family unit and
21 not as an institution, business, or boarding home. The
22 Legislature further declares that, in developing
23 community-based programs and services for individuals with
24 developmental disabilities who are developmentally disabled,
25 private businesses, not-for-profit corporations, units of
26 local government, and other organizations capable of providing
27 needed services to clients in a cost-efficient manner shall be
28 given preference in lieu of operation of programs directly by
29 state agencies. Finally, it is the intent of the Legislature
30 that all caretakers unrelated to individuals with
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1 developmental disabilities receiving care shall be of good
2 moral character.
3 Section 10. Section 393.063, Florida Statutes, is
4 amended to read:
5 393.063 Definitions.--For the purposes of this
6 chapter, the term:
7 (1) "Agency" means the Agency for Persons with
8 Disabilities.
9 (2) "Adult day training" means training services that
10 take place in a nonresidential setting, separate from the home
11 or facility in which the client resides, are intended to
12 support the participation of clients in daily, meaningful, and
13 valued routines of the community, and may include work-like
14 settings that do not meet the definition of supported
15 employment.
16 (3)(2) "Autism" means a pervasive, neurologically
17 based developmental disability of extended duration which
18 causes severe learning, communication, and behavior disorders
19 with age of onset during infancy or childhood. Individuals
20 with autism exhibit impairment in reciprocal social
21 interaction, impairment in verbal and nonverbal communication
22 and imaginative ability, and a markedly restricted repertoire
23 of activities and interests.
24 (4)(3) "Cerebral palsy" means a group of disabling
25 symptoms of extended duration which results from damage to the
26 developing brain that may occur before, during, or after birth
27 and that results in the loss or impairment of control over
28 voluntary muscles. For the purposes of this definition,
29 cerebral palsy does not include those symptoms or impairments
30 resulting solely from a stroke.
31
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1 (5)(4) "Client" means any person determined eligible
2 by the agency for services under this chapter.
3 (6)(5) "Client advocate" means a friend or relative of
4 the client, or of the client's immediate family, who advocates
5 for the best interests of the client in any proceedings under
6 this chapter in which the client or his or her family has the
7 right or duty to participate.
8 (7)(6) "Comprehensive assessment" means the process
9 used to determine eligibility for services under this chapter.
10 (8)(7) "Comprehensive transitional education program"
11 means the program established in s. 393.18. a group of jointly
12 operating centers or units, the collective purpose of which is
13 to provide a sequential series of educational care, training,
14 treatment, habilitation, and rehabilitation services to
15 persons who have developmental disabilities and who have
16 severe or moderate maladaptive behaviors. However, nothing in
17 this subsection shall require such programs to provide
18 services only to persons with developmental disabilities. All
19 such services shall be temporary in nature and delivered in a
20 structured residential setting with the primary goal of
21 incorporating the normalization principle to establish
22 permanent residence for persons with maladaptive behaviors in
23 facilities not associated with the comprehensive transitional
24 education program. The staff shall include psychologists and
25 teachers who shall be available to provide services in each
26 component center or unit of the program. The psychologists
27 shall be individuals who are licensed in this state and
28 certified as behavior analysts in this state, or individuals
29 who are certified as behavior analysts pursuant to s. 393.17.
30 (a) Comprehensive transitional education programs
31 shall include a minimum of two component centers or units, one
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1 of which shall be either an intensive treatment and
2 educational center or a transitional training and educational
3 center, which provide services to persons with maladaptive
4 behaviors in the following sequential order:
5 1. Intensive treatment and educational center. This
6 component is a self-contained residential unit providing
7 intensive psychological and educational programming for
8 persons with severe maladaptive behaviors, whose behaviors
9 preclude placement in a less restrictive environment due to
10 the threat of danger or injury to themselves or others.
11 2. Transitional training and educational center. This
12 component is a residential unit for persons with moderate
13 maladaptive behaviors, providing concentrated psychological
14 and educational programming emphasizing a transition toward a
15 less restrictive environment.
16 3. Community transition residence. This component is a
17 residential center providing educational programs and such
18 support services, training, and care as are needed to assist
19 persons with maladaptive behaviors to avoid regression to more
20 restrictive environments while preparing them for more
21 independent living. Continuous-shift staff shall be required
22 for this component.
23 4. Alternative living center. This component is a
24 residential unit providing an educational and family living
25 environment for persons with maladaptive behaviors, in a
26 moderately unrestricted setting. Residential staff shall be
27 required for this component.
28 5. Independent living education center. This component
29 is a facility providing a family living environment for
30 persons with maladaptive behaviors, in a largely unrestricted
31
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1 setting which includes education and monitoring appropriate to
2 support the development of independent living skills.
3 (b) Centers or units that are components of a
4 comprehensive transitional education program are subject to
5 the license issued to the comprehensive transitional education
6 program and may be located on either single or multiple sites.
7 (c) Comprehensive transitional education programs
8 shall develop individual education plans for each person with
9 maladaptive behaviors who receives services therein. Such
10 individual education plans shall be developed in accordance
11 with the criteria specified in 20 U.S.C. ss. 401 et seq., and
12 34 C.F.R. part 300.
13 (d) In no instance shall the total number of persons
14 with maladaptive behaviors being provided services in a
15 comprehensive transitional education program exceed 120.
16 (e) This subsection shall authorize licensure for
17 comprehensive transitional education programs which by July 1,
18 1989:
19 1. Are in actual operation; or
20 2. Own a fee simple interest in real property for
21 which a county or city government has approved zoning allowing
22 for the placement of the facilities described in this
23 subsection, and have registered an intent with the department
24 to operate a comprehensive transitional education program.
25 However, nothing shall prohibit the assignment by such a
26 registrant to another entity at a different site within the
27 state, so long as there is compliance with all criteria of the
28 comprehensive transitional education program and local zoning
29 requirements and provided that each residential facility
30 within the component centers or units of the program
31
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1 authorized under this subparagraph shall not exceed a capacity
2 of 15 persons.
3 (8) "Day habilitation facility" means any
4 nonresidential facility which provides day habilitation
5 services.
6 (9) "Day habilitation service" means assistance with
7 the acquisition, retention, or improvement in self-help,
8 socialization, and adaptive skills which takes place in a
9 nonresidential setting, separate from the home or facility in
10 which the individual resides. Day habilitation services shall
11 focus on enabling the individual to attain or maintain his or
12 her maximum functional level and shall be coordinated with any
13 physical, occupational, or speech therapies listed in the plan
14 of care.
15 (9)(10) "Developmental disability" means a disorder or
16 syndrome that is attributable to retardation, cerebral palsy,
17 autism, spina bifida, or Prader-Willi syndrome; that manifests
18 before the age of 18; and that constitutes a substantial
19 handicap that can reasonably be expected to continue
20 indefinitely.
21 (10)(11) "Developmental disabilities institution"
22 means a state-owned and state-operated facility, formerly
23 known as a "Sunland Center," providing for the care,
24 habilitation, and rehabilitation of clients with developmental
25 disabilities.
26 (11)(12) "Direct service provider," also known as
27 "caregiver" in chapters 39 and 415 or "caretaker" in
28 provisions relating to employment security checks, means a
29 person 18 years of age or older who has direct face-to-face
30 contact with a client while providing services to the client
31 individuals with developmental disabilities, or has access to
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1 a client's living areas or to a client's funds or personal
2 property, and is not a relative of such individuals.
3 (12)(13) "Domicile" means the place where a client
4 legally resides, which place is his or her permanent home.
5 Domicile may be established as provided in s. 222.17. Domicile
6 may not be established in Florida by a minor who has no parent
7 domiciled in Florida, or by a minor who has no legal guardian
8 domiciled in Florida, or by any alien not classified as a
9 resident alien.
10 (14) "Enclave" means a work station in public or
11 private business or industry where a small group of persons
12 with developmental disabilities is employed and receives
13 training and support services or follow-along services among
14 nonhandicapped workers.
15 (15) "Epilepsy" means a chronic brain disorder of
16 various causes which is characterized by recurrent seizures
17 due to excessive discharge of cerebral neurons. When found
18 concurrently with retardation, autism, or cerebral palsy,
19 epilepsy is considered a secondary disability for which the
20 client is eligible to receive services to ameliorate this
21 condition pursuant to this chapter.
22 (13)(16) "Express and informed consent" means consent
23 voluntarily given in writing with sufficient knowledge and
24 comprehension of the subject matter involved to enable the
25 person giving consent to make a knowing an understanding and
26 enlightened decision without any element of force, fraud,
27 deceit, duress, or other form of constraint or coercion.
28 (14)(17) "Family care program" means the program
29 established in s. 393.068.
30 (18) "Follow-along services" means those support
31 services provided to persons with developmental disabilities
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1 in all supported employment programs and may include, but are
2 not limited to, family support, assistance in meeting
3 transportation and medical needs, employer intervention,
4 performance evaluation, advocacy, replacement, retraining or
5 promotional assistance, or other similar support services.
6 (15)(19) "Foster care facility" means a residential
7 facility licensed under this chapter which provides a family
8 living environment including supervision and care necessary to
9 meet the physical, emotional, and social needs of its
10 residents. The capacity of such a facility may shall not be
11 more than three residents.
12 (16)(20) "Group home facility" means a residential
13 facility licensed under this chapter which provides a family
14 living environment including supervision and care necessary to
15 meet the physical, emotional, and social needs of its
16 residents. The capacity of such a facility shall be at least 4
17 but not more than 15 residents. For the purposes of this
18 chapter, group home facilities shall not be considered
19 commercial enterprises.
20 (17)(21) "Guardian advocate" means a person appointed
21 by a written order of the court to represent a person with
22 developmental disabilities under s. 393.12.
23 (18)(22) "Habilitation" means the process by which a
24 client is assisted to acquire and maintain those life skills
25 which enable the client to cope more effectively with the
26 demands of his or her condition and environment and to raise
27 the level of his or her physical, mental, and social
28 efficiency. It includes, but is not limited to, programs of
29 formal structured education and treatment.
30
31
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1 (19)(23) "High-risk child" means, for the purposes of
2 this chapter, a child from 3 birth to 5 years of age with one
3 or more of the following characteristics:
4 (a) A developmental delay in cognition, language, or
5 physical development.
6 (b) A child surviving a catastrophic infectious or
7 traumatic illness known to be associated with developmental
8 delay, when funds are specifically appropriated.
9 (c) A child with a parent or guardian with
10 developmental disabilities who requires assistance in meeting
11 the child's developmental needs.
12 (d) A child who has a physical or genetic anomaly
13 associated with developmental disability.
14 (20)(24) "Intermediate care facility for the
15 developmentally disabled" or "ICF/DD" means a residential
16 facility licensed and certified pursuant to part XI of chapter
17 400.
18 (25) "Job coach" means a person who provides
19 employment-related training at a worksite to individuals with
20 developmental disabilities.
21 (21)(26) "Medical/dental services" means medically
22 necessary those services that which are provided or ordered
23 for a client by a person licensed under pursuant to the
24 provisions of chapter 458, chapter 459, or chapter 466. Such
25 services may include, but are not limited to, prescription
26 drugs, specialized therapies, nursing supervision,
27 hospitalization, dietary services, prosthetic devices,
28 surgery, specialized equipment and supplies, adaptive
29 equipment, and other services as required to prevent or
30 alleviate a medical or dental condition.
31
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1 (27) "Mobile work crew" means a group of workers
2 employed by an agency that provides services outside the
3 agency, usually under service contracts.
4 (28) "Normalization principle" means the principle of
5 letting the client obtain an existence as close to the normal
6 as possible, making available to the client patterns and
7 conditions of everyday life which are as close as possible to
8 the norm and patterns of the mainstream of society.
9 (22)(29) "Personal care services" means include, but
10 are not limited to, such services as: individual assistance
11 with or supervision of essential activities of daily living
12 for self-care, including ambulation, bathing, dressing,
13 eating, grooming, and toileting, and other similar services
14 that are incidental to the care furnished and essential to the
15 health, safety, and welfare of the client when there is no one
16 else available to perform those services the agency may define
17 by rule. "Personal services" shall not be construed to mean
18 the provision of medical, nursing, dental, or mental health
19 services by the staff of a facility, except as provided in
20 this chapter. In addition, an emergency response device
21 installed in the apartment or living area of a resident shall
22 not be classified as a personal service.
23 (23)(30) "Prader-Willi syndrome" means an inherited
24 condition typified by neonatal hypotonia with failure to
25 thrive, hyperphagia or an excessive drive to eat which leads
26 to obesity usually at 18 to 36 months of age, mild to moderate
27 mental retardation, hypogonadism, short stature, mild facial
28 dysmorphism, and a characteristic neurobehavior.
29 (31) "Reassessment" means a process which periodically
30 develops, through annual review and revision of a client's
31
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1 family or individual support plan, a knowledgeable statement
2 of current needs and past development for each client.
3 (24)(32) "Relative" means an individual who is
4 connected by affinity or consanguinity to the client and who
5 is 18 years of age or older more.
6 (25)(33) "Resident" means any person with
7 developmental disabilities who is developmentally disabled
8 residing at a residential facility in the state, whether or
9 not such person is a client of the agency.
10 (26)(34) "Residential facility" means a facility
11 providing room and board and personal care for persons with
12 developmental disabilities.
13 (27)(35) "Residential habilitation" means supervision
14 and training assistance provided with the acquisition,
15 retention, or improvement in skills related to activities of
16 daily living, such as personal hygiene skills grooming and
17 cleanliness, homemaking skills bedmaking and household chores,
18 eating and the preparation of food, and the social and
19 adaptive skills necessary to enable the individual to reside
20 in the community a noninstitutional setting.
21 (28)(36) "Residential habilitation center" means a
22 community residential facility licensed under this chapter
23 which that provides residential habilitation services. The
24 capacity of such a facility shall not be fewer than nine
25 residents. After October 1, 1989, no new residential
26 habilitation centers may not shall be licensed and the
27 licensed capacity shall not be increased for any existing
28 residential habilitation center may not be increased.
29 (29)(37) "Respite service" means appropriate,
30 short-term, temporary care that is provided to a person with
31 developmental disabilities to meet the planned or emergency
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1 needs of the person or the family or other direct service
2 provider.
3 (30) "Restraint" means a physical device, method, or
4 drug used to control dangerous behavior.
5 (a) A physical restraint is any manual method or
6 physical or mechanical device, material, or equipment attached
7 or adjacent to the individual's body so that he or she cannot
8 easily remove the restraint and which restricts freedom of
9 movement or normal access to one's body.
10 (b) A drug used as a restraint is a medication used to
11 control the person's behavior or to restrict his or her
12 freedom of movement and is not a standard treatment for the
13 person's medical or psychiatric condition. Physically holding
14 a person during a procedure to forcibly administer
15 psychotropic medication is a 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;
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 (31)(38) "Retardation" means significantly subaverage
25 general intellectual functioning existing concurrently with
26 deficits in adaptive behavior and manifested during the period
27 from conception to age 18. "Significantly subaverage general
28 intellectual functioning," for the purpose of this definition,
29 means performance which is two or more standard deviations
30 from the mean score on a standardized intelligence test
31 specified in the rules of the agency. "Adaptive behavior," for
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1 the purpose of this definition, means the effectiveness or
2 degree with which an individual meets the standards of
3 personal independence and social responsibility expected of
4 his or her age, cultural group, and community.
5 (32) "Seclusion" means the involuntary isolation of a
6 person in a room or area from which the person is prevented
7 from leaving. The prevention may be by physical barrier or by
8 a staff member who is acting in a manner, or who is physically
9 situated, so as to prevent the person from leaving the room or
10 area. For the purposes of this chapter, the term does not mean
11 isolation due to the medical condition or symptoms of the
12 person.
13 (33) "Self-determination" means an individual's
14 freedom to exercise the same rights as all other citizens,
15 authority to exercise control over funds needed for one's own
16 support, including prioritizing these funds when necessary,
17 responsibility for the wise use of public funds, and
18 self-advocacy to speak and advocate for oneself in order to
19 gain independence and ensure that individuals with a
20 developmental disability are treated equally.
21 (39) "Severe self-injurious behavior" means any
22 chronic behavior that results in injury to the person's own
23 body, which includes, but is not limited to, self-hitting,
24 head banging, self-biting, scratching, and the ingestion of
25 harmful or potentially harmful nutritive or nonnutritive
26 substances.
27 (34)(40) "Specialized therapies" means those
28 treatments or activities prescribed by and provided by an
29 appropriately trained, licensed, or certified professional or
30 staff person and may include, but are not limited to, physical
31 therapy, speech therapy, respiratory therapy, occupational
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1 therapy, behavior therapy, physical management services, and
2 related specialized equipment and supplies.
3 (35)(41) "Spina bifida" means, for purposes of this
4 chapter, a person with a medical diagnosis of spina bifida
5 cystica or myelomeningocele.
6 (36)(42) "Support coordinator" means a person who is
7 designated by the agency to assist individuals and families in
8 identifying their capacities, needs, and resources, as well as
9 finding and gaining access to necessary supports and services;
10 coordinating the delivery of supports and services; advocating
11 on behalf of the individual and family; maintaining relevant
12 records; and monitoring and evaluating the delivery of
13 supports and services to determine the extent to which they
14 meet the needs and expectations identified by the individual,
15 family, and others who participated in the development of the
16 support plan.
17 (43) "Supported employee" means a person who requires
18 and receives supported employment services in order to
19 maintain community-based employment.
20 (37)(44) "Supported employment" means employment
21 located or provided in a normal employment setting which
22 provides at least 20 hours employment per week in an
23 integrated work setting, with earnings paid on a commensurate
24 wage basis, and for which continued support is needed for job
25 maintenance.
26 (38)(45) "Supported living" means a category of
27 individually determined services designed and coordinated in
28 such a manner as to provide assistance to adult clients who
29 require ongoing supports to live as independently as possible
30 in their own homes, to be integrated into the community, and
31
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1 to participate in community life to the fullest extent
2 possible.
3 (39)(46) "Training" means a planned approach to
4 assisting a client to attain or maintain his or her maximum
5 potential and includes services ranging from sensory
6 stimulation to instruction in skills for independent living
7 and employment.
8 (40)(47) "Treatment" means the prevention,
9 amelioration, or cure of a client's physical and mental
10 disabilities or illnesses.
11 Section 11. Subsections (1), (2), and (4) of section
12 393.064, Florida Statutes, are amended to read:
13 393.064 Prevention.--
14 (1) The agency shall give priority to the development,
15 planning, and implementation of programs which have the
16 potential to prevent, correct, cure, or reduce the severity of
17 developmental disabilities. The agency shall direct an
18 interagency and interprogram effort for the continued
19 development of a prevention plan and program. The agency shall
20 identify, through demonstration projects, through program
21 evaluation, and through monitoring of programs and projects
22 conducted outside of the agency, any medical, social,
23 economic, or educational methods, techniques, or procedures
24 that have the potential to effectively ameliorate, correct, or
25 cure developmental disabilities. The agency program shall
26 determine the costs and benefits that would be associated with
27 such prevention efforts and shall implement, or recommend the
28 implementation of, those methods, techniques, or procedures
29 which are found likely to be cost-beneficial.
30 (2) Prevention services provided by the agency shall
31 developmental services program include services to high-risk
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1 and developmentally disabled children from 3 birth to 5 years
2 of age, and their families, to meet the intent of chapter 411.
3 Except for services for children from birth to age 3 years
4 which Such services shall include individual evaluations or
5 assessments necessary to diagnose a developmental disability
6 or high-risk condition and to determine appropriate individual
7 family and support services, unless evaluations or assessments
8 are the responsibility of the Division of Children's Medical
9 Services in the Department of Health Prevention and
10 Intervention for children ages birth to 3 years eligible for
11 services under this chapter or part H of the Individuals with
12 Disabilities Education Act, such services and may include:
13 (a) Individual evaluations or assessments necessary to
14 diagnose a developmental disability or high-risk condition and
15 to determine appropriate, individual family and support
16 services.
17 (b)(a) Early intervention services, including
18 developmental training and specialized therapies. Early
19 intervention services, which are the responsibility of the
20 Division of Children's Medical Services Prevention and
21 Intervention for children ages birth to 3 years who are
22 eligible for services under this chapter or under part H of
23 the Individuals with Disabilities Education Act, shall not be
24 provided through the developmental services program unless
25 funding is specifically appropriated to the developmental
26 services program for this purpose.
27 (c)(b) Support services, such as respite care, parent
28 education and training, parent-to-parent counseling, homemaker
29 services, and other services which allow families to maintain
30 and provide quality care to children in their homes. The
31 Division of Children's Medical Services Prevention and
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1 Intervention is responsible for the provision of services to
2 children from birth to 3 years who are eligible for services
3 under this chapter.
4 (4) There is created at the developmental disabilities
5 services institution in Gainesville a research and education
6 unit. Such unit shall be named the Raymond C. Philips Research
7 and Education Unit. The functions of such unit shall include:
8 (a) Research into the etiology of developmental
9 disabilities.
10 (b) Ensuring that new knowledge is rapidly
11 disseminated throughout the developmental services program of
12 the agency.
13 (c) Diagnosis of unusual conditions and syndromes
14 associated with developmental disabilities in clients
15 identified throughout the developmental disabilities services
16 programs.
17 (d) Evaluation of families of clients with
18 developmental disabilities of genetic origin in order to
19 provide them with genetic counseling aimed at preventing the
20 recurrence of the disorder in other family members.
21 (e) Ensuring that health professionals in the
22 developmental disabilities services institution at Gainesville
23 have access to information systems that will allow them to
24 remain updated on newer knowledge and maintain their
25 postgraduate education standards.
26 (f) Enhancing staff training for professionals
27 throughout the agency in the areas of genetics and
28 developmental disabilities.
29 Section 12. Section 393.0641, Florida Statutes, is
30 amended to read:
31
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1 393.0641 Program for the prevention and treatment of
2 severe self-injurious behavior.--
3 (1) Contingent upon specific appropriations, there is
4 created a diagnostic, treatment, training, and research
5 program for clients exhibiting severe self-injurious behavior.
6 As used in this section, the term "severe self-injurious
7 behavior" means any chronic behavior that results in injury to
8 the person's own body, including, but not limited to,
9 self-hitting, head banging, self-biting, scratching, and the
10 ingestion of harmful or potentially harmful nutritive or
11 nonnutritive substances.
12 (2) The This program shall:
13 (a) Serve as a resource center for information,
14 training, and program development.
15 (b) Research the diagnosis and treatment of severe
16 self-injurious behavior, and related disorders, and develop
17 methods of prevention and treatment of self-injurious
18 behavior.
19 (c) Identify individuals in critical need.
20 (d) Develop treatment programs which are meaningful to
21 individuals with developmental disabilities, in critical need,
22 while safeguarding and respecting the legal and human rights
23 of the individuals.
24 (e) Disseminate research findings on the prevention
25 and treatment of severe self-injurious behavior.
26 (f) Collect data on the type, severity, incidence, and
27 demographics of individuals with severe self-injurious
28 behavior, and disseminate the data.
29 (3)(2) The This program shall adhere to the provisions
30 of s. 393.13.
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1 (4)(3) The agency may contract for the provision of
2 any portion or all of the services required by the program.
3 (5)(4) The agency may has the authority to license
4 this program and shall adopt rules to administer implement the
5 program.
6 Section 13. Subsections (1) and (4) of section
7 393.065, Florida Statutes, are amended, and subsections (5)
8 and (6) are added to that section, to read:
9 393.065 Application and eligibility determination.--
10 (1) Application for services shall be made in writing
11 to the agency, in the service area district in which the
12 applicant resides. The agency Employees of the agency's
13 developmental services program shall review each applicant for
14 eligibility within 45 days after the date the application is
15 signed for children under 6 years of age and within 60 days
16 after the date the application is signed for all other
17 applicants. When necessary to definitively identify individual
18 conditions or needs, the agency shall provide a comprehensive
19 assessment. Only applicants individuals whose domicile is in
20 Florida are eligible for services. Information accumulated by
21 other agencies, including professional reports and collateral
22 data, shall be considered in this process when available.
23 (4) The agency shall assess the level of need and
24 medical necessity for prospective residents of
25 intermediate-care facilities for the developmentally disabled
26 after October 1, 1999. The agency may enter into an agreement
27 with the Department of Elderly Affairs for its Comprehensive
28 Assessment and Review for Long-Term-Care Services (CARES)
29 program to conduct assessments to determine the level of need
30 and medical necessity for long-term-care services under this
31 chapter. To the extent permissible under federal law, the
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1 assessments shall must be funded under Title XIX of the Social
2 Security Act.
3 (5) With the exception of clients deemed to be in
4 crisis whom the agency shall serve as described in rule, the
5 agency shall place at the top of its wait list for waiver
6 services those children on the wait list who are from the
7 child welfare system with an open case in the Department of
8 Children and Family Services' statewide automated child
9 welfare information system.
10 (6) The agency may adopt rules specifying application
11 procedures and eligibility criteria as needed to administer
12 this section.
13 Section 14. Section 393.0651, Florida Statutes, is
14 amended to read:
15 393.0651 Family or individual support plan.--The
16 agency shall provide directly or contract for the development
17 of a an appropriate family support plan for children ages 3
18 birth to 18 years of age and an individual support plan for
19 each client. The parent or guardian of The client or, if
20 competent, the client's parent or guardian client, or, when
21 appropriate, the client advocate, shall be consulted in the
22 development of the plan and shall receive a copy of the plan.
23 Each plan must shall include the most appropriate, least
24 restrictive, and most cost-beneficial environment for
25 accomplishment of the objectives for client progress and a
26 specification of all services authorized. The plan must shall
27 include provisions for the most appropriate level of care for
28 the client. Within the specification of needs and services for
29 each client, when residential care is necessary, the agency
30 shall move toward placement of clients in residential
31 facilities based within the client's community. The ultimate
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1 goal of each plan, whenever possible, shall be to enable the
2 client to live a dignified life in the least restrictive
3 setting, be that in the home or in the community. For children
4 under 6 years of age, the family support plan shall be
5 developed within the 45-day application period as specified in
6 s. 393.065(1); for all applicants 6 years of age or older, the
7 family or individual support plan shall be developed within
8 the 60-day period as specified in that subsection.
9 (1) The agency shall develop and specify by rule the
10 core components of support plans to be used by each district.
11 (2)(a) The family or individual support plan shall be
12 integrated with the individual education plan (IEP) for all
13 clients who are public school students entitled to a free
14 appropriate public education under the Individuals with
15 Disabilities Education Act, I.D.E.A., as amended. The family
16 or individual support plan and IEP shall be implemented to
17 maximize the attainment of educational and habilitation goals.
18 (a) If the IEP for a student enrolled in a public
19 school program indicates placement in a public or private
20 residential program is necessary to provide special education
21 and related services to a client, the local education agency
22 shall provide for the costs of that service in accordance with
23 the requirements of the Individuals with Disabilities
24 Education Act, I.D.E.A., as amended. This shall not preclude
25 local education agencies and the agency from sharing the
26 residential service costs of students who are clients and
27 require residential placement. Under no circumstances shall
28 clients entitled to a public education or their parents be
29 assessed a fee by the agency under s. 402.33 for placement in
30 a residential program.
31
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1 (b) For clients who are entering or exiting the school
2 system, an interdepartmental staffing team composed of
3 representatives of the agency and the local school system
4 shall develop a written transitional living and training plan
5 with the participation of the client or with the parent or
6 guardian of the client, or the client advocate, as
7 appropriate.
8 (3) Each family or individual support plan shall be
9 facilitated through case management designed solely to advance
10 the individual needs of the client.
11 (4) In the development of the family or individual
12 support plan, a client advocate may be appointed by the
13 support planning team for a client who is a minor or for a
14 client who is not capable of express and informed consent
15 when:
16 (a) The parent or guardian cannot be identified;
17 (b) The whereabouts of the parent or guardian cannot
18 be discovered; or
19 (c) The state is the only legal representative of the
20 client.
21
22 Such appointment shall not be construed to extend the powers
23 of the client advocate to include any of those powers
24 delegated by law to a legal guardian.
25 (5) The agency shall place a client in the most
26 appropriate and least restrictive, and cost-beneficial,
27 residential facility according to his or her individual
28 support habilitation plan. The parent or guardian of The
29 client or, if competent, the client's parent or guardian
30 client, or, when appropriate, the client advocate, and the
31 administrator of the residential facility to which placement
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1 is proposed shall be consulted in determining the appropriate
2 placement for the client. Considerations for placement shall
3 be made in the following order:
4 (a) Client's own home or the home of a family member
5 or direct service provider.
6 (b) Foster care facility.
7 (c) Group home facility.
8 (d) Intermediate care facility for the developmentally
9 disabled.
10 (e) Other facilities licensed by the agency which
11 offer special programs for people with developmental
12 disabilities.
13 (f) Developmental disabilities services institution.
14 (6) In developing a client's annual family or
15 individual support plan, the individual or family with the
16 assistance of the support planning team shall identify
17 measurable objectives for client progress and shall specify a
18 time period expected for achievement of each objective.
19 (7) The individual, family, and support coordinator
20 shall review progress in achieving the objectives specified in
21 each client's family or individual support plan, and shall
22 revise the plan annually, following consultation with the
23 client, if competent, or with the parent or guardian of the
24 client, or, when appropriate, the client advocate. The agency
25 or designated contractor shall annually report in writing to
26 the client, if competent, or to the parent or guardian of the
27 client, or to the client advocate, when appropriate, with
28 respect to the client's habilitative and medical progress.
29 (8) Any client, or any parent of a minor client, or
30 guardian, authorized guardian advocate, or client advocate for
31 a client, who is substantially affected by the client's
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1 initial family or individual support plan, or the annual
2 review thereof, shall have the right to file a notice to
3 challenge the decision pursuant to ss. 120.569 and 120.57.
4 Notice of such right to appeal shall be included in all
5 support plans provided by the agency.
6 Section 15. Section 393.0654, Florida Statutes, is
7 created to read.
8 393.0654 Direct service providers; private sector
9 services.--It is not a violation of s. 112.313(7) for a direct
10 service provider who is employed by the agency to own,
11 operate, or work in a private facility that is a service
12 provider under contract with the agency if:
13 (1) The employee does not have any role in the
14 agency's placement recommendations or the client's
15 decisionmaking process regarding placement;
16 (2) The direct service provider's employment with the
17 agency does not compromise the ability of the client to make a
18 voluntary choice among private providers for services;
19 (3) The employee's employment outside the agency does
20 not create a conflict with the employee's public duties and
21 does not impede the full and faithful discharge of the
22 employee's duties as assigned by the agency; and
23 (4) The service provider discloses the dual employment
24 or ownership status to the agency and all clients within the
25 provider's care. The disclosure must be given to the agency,
26 the client, and the client's guardian or guardian advocate, if
27 appropriate.
28 Section 16. Section 393.0655, Florida Statutes, is
29 amended to read:
30 393.0655 Screening of direct service providers.--
31
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1 (1) MINIMUM STANDARDS.--The agency shall require level
2 2 employment screening pursuant to chapter 435 for direct
3 service providers who are unrelated to their clients,
4 including support coordinators, and managers and supervisors
5 of residential facilities or comprehensive transitional
6 education programs licensed under this chapter s. 393.067 and
7 any other person, including volunteers, who provide care or
8 services, who have access to a client's living areas, or who
9 have access to a client's funds or personal property.
10 Background screening shall include employment history checks
11 as provided in s. 435.03(1) and local criminal records checks
12 through local law enforcement agencies.
13 (a) A volunteer who assists on an intermittent basis
14 for less than 40 hours per month does not have to be screened
15 if the volunteer is under the direct and constant visual
16 supervision of persons who meet the screening requirements of
17 this section.
18 (b) Licensed physicians, nurses, or other
19 professionals licensed and regulated by the Department of
20 Health are not subject to background screening pursuant to
21 this section if they are providing a service that is within
22 their scope of licensed practice.
23 (c) A person selected by the family or the individual
24 with developmental disabilities and paid by the family or the
25 individual to provide supports or services is not required to
26 have a background screening under this section.
27 (d) Persons 12 years of age or older, including family
28 members, residing with a the direct services provider who
29 provides services to clients in his or her own place of
30 residence, including family members, are subject to background
31
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1 screening; however, such persons who are 12 to 18 years of age
2 shall be screened for delinquency records only.
3 (e) A direct service provider who is awaiting the
4 completion of background screening is temporarily exempt from
5 the screening requirements under this section if the provider
6 is under the direct and constant visual supervision of persons
7 who meet the screening requirements of this section. Such
8 exemption expires 90 days after the direct service provider
9 first provides care or services to clients, has access to a
10 client's living areas, or has access to a client's funds or
11 personal property.
12 (2) EXEMPTIONS FROM DISQUALIFICATION.--The agency may
13 grant exemptions from disqualification from working with
14 children or adults with developmental disabilities only as
15 provided in s. 435.07.
16 (3) PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE
17 CRIMINAL RECORDS CHECKS.--The costs of processing fingerprints
18 and the state criminal records checks shall be borne by the
19 employer or by the employee or individual who is being
20 screened.
21 (4) TERMINATION EXCLUSION FROM OWNING, OPERATING, OR
22 BEING EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL
23 FACILITY; HEARINGS PROVIDED.--
24 (a) The agency shall deny, suspend, terminate, or
25 revoke a license, certification, rate agreement, purchase
26 order, or contract, or pursue other remedies provided in s.
27 393.0673, s. 393.0675, or s. 393.0678 in addition to or in
28 lieu of denial, suspension, termination, or revocation for
29 failure to comply with this section.
30 (b) When the agency has reasonable cause to believe
31 that grounds for denial or termination of employment exist, it
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1 shall notify, in writing, the employer and the person direct
2 service provider affected, stating the specific record that
3 which indicates noncompliance with the standards in this
4 section.
5 (c) The procedures established for hearing under
6 chapter 120 shall be available to the employer and the person
7 affected direct service provider in order to present evidence
8 relating either to the accuracy of the basis of exclusion or
9 to the denial of an exemption from disqualification.
10 (d) Refusal on the part of an employer to dismiss a
11 manager, supervisor, or direct service provider who has been
12 found to be in noncompliance with standards of this section
13 shall result in automatic denial, termination, or revocation
14 of the license or, certification, rate agreement, purchase
15 order, or contract, in addition to any other remedies pursued
16 by the agency.
17 Section 17. Section 393.0657, Florida Statutes, is
18 amended to read:
19 393.0657 Persons not required to be refingerprinted or
20 rescreened.--Persons who have undergone any portion of the
21 background screening required under s. 393.0655 within the
22 last 12 months are Any provision of law to the contrary
23 notwithstanding, human resource personnel who have been
24 fingerprinted or screened pursuant to chapters 393, 394, 397,
25 402, and 409, and teachers who have been fingerprinted
26 pursuant to chapter 1012, who have not been unemployed for
27 more than 90 days thereafter, and who under the penalty of
28 perjury attest to the completion of such fingerprinting or
29 screening and to compliance with the provisions of this
30 section and the standards for good moral character as
31 contained in such provisions as ss. 110.1127(3), 393.0655(1),
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1 394.457(6), 397.451, 402.305(2), and 409.175(6), shall not be
2 required to repeat such screening be refingerprinted or
3 rescreened in order to comply with the any direct service
4 provider screening or fingerprinting requirements. Such
5 persons are responsible for providing documentation of the
6 screening and shall undergo screening for any remaining
7 background screening requirements that have never been
8 conducted or have not been completed within the last 12
9 months.
10 Section 18. Section 393.066, Florida Statutes, is
11 amended to read:
12 393.066 Community services and treatment for persons
13 who are developmentally disabled.--
14 (1) The agency shall plan, develop, organize, and
15 implement its programs of services and treatment for persons
16 with developmental disabilities who are developmentally
17 disabled to allow clients to live as independently as possible
18 in their own homes or communities and to achieve productive
19 lives as close to normal as possible. All elements of
20 community-based services shall be made available, and
21 eligibility for these services shall be consistent across the
22 state. In addition, all purchased services shall be approved
23 by the agency.
24 (2) All services needed shall be purchased instead of
25 provided directly by the agency, when such arrangement is more
26 cost-efficient than having those services provided directly.
27 All purchased services must be approved by the agency.
28 (3) Community-based services that are medically
29 necessary to prevent institutionalization shall, to the extent
30 of available resources, include:
31
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1 (a) Adult day training habilitation services,
2 including developmental training services.
3 (b) Family care services.
4 (c) Guardian advocate referral services.
5 (d) Medical/dental services, except that medical
6 services shall not be provided to clients with spina bifida
7 except as specifically appropriated by the Legislature.
8 (e) Parent training.
9 (f) Personal care services.
10 (g)(f) Recreation.
11 (h)(g) Residential facility services.
12 (i)(h) Respite services.
13 (j)(i) Social services.
14 (k)(j) Specialized therapies.
15 (l)(k) Supported employment, including enclave, job
16 coach, mobile work crew, and follow-along services.
17 (m)(l) Supported living.
18 (n)(m) Training, including behavioral-analysis
19 services behavioral programming.
20 (o)(n) Transportation.
21 (p)(o) Other habilitative and rehabilitative services
22 as needed.
23 (4) The agency shall utilize the services of private
24 businesses, not-for-profit organizations, and units of local
25 government whenever such services are more cost-efficient than
26 such services provided directly by the department, including
27 arrangements for provision of residential facilities.
28 (5) In order to improve the potential for utilization
29 of more cost-effective, community-based residential
30 facilities, the agency shall promote the statewide development
31 of day habilitation services for clients who live with a
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1 direct service provider in a community-based residential
2 facility and who do not require 24-hour-a-day care in a
3 hospital or other health care institution, but who may, in the
4 absence of day habilitation services, require admission to a
5 developmental disabilities institution. Each day service
6 facility shall provide a protective physical environment for
7 clients, ensure that direct service providers meet minimum
8 screening standards as required in s. 393.0655, make available
9 to all day habilitation service participants at least one meal
10 on each day of operation, provide facilities to enable
11 participants to obtain needed rest while attending the
12 program, as appropriate, and provide social and educational
13 activities designed to stimulate interest and provide
14 socialization skills.
15 (6) To promote independence and productivity, the
16 agency shall provide supports and services, within available
17 resources, to assist clients enrolled in Medicaid waivers who
18 choose to pursue gainful employment.
19 (7) For the purpose of making needed community-based
20 residential facilities available at the least possible cost to
21 the state, the agency is authorized to lease privately owned
22 residential facilities under long-term rental agreements, if
23 such rental agreements are projected to be less costly to the
24 state over the useful life of the facility than state purchase
25 or state construction of such a facility.
26 (8) The agency may adopt rules providing definitions,
27 eligibility criteria, and procedures for the purchase of
28 services to ensure compliance with federal laws or regulations
29 that apply to services provided pursuant to this section.
30 Section 19. Section 393.067, Florida Statutes, is
31 amended to read:
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1 393.067 Facility licensure of residential facilities
2 and comprehensive transitional education programs.--
3 (1) The agency shall provide through its licensing
4 authority and by rule license application procedures, a system
5 of provider qualifications, facility and client care
6 standards, requirements for client records, requirements for
7 staff qualifications and training criteria for meeting
8 standards, and requirements for monitoring foster care for
9 residential facilities, group home facilities, residential
10 habilitation centers, and comprehensive transitional education
11 programs that serve agency clients.
12 (2) The agency shall conduct annual inspections and
13 reviews of residential facilities and comprehensive
14 transitional education programs licensed under this section
15 annually.
16 (3) An application for a license under this section
17 must for a residential facility or a comprehensive
18 transitional education program shall be made to the agency on
19 a form furnished by it and shall be accompanied by the
20 appropriate license fee.
21 (4) The application shall be under oath and shall
22 contain the following:
23 (a) The name and address of the applicant, if an
24 applicant is an individual; if the applicant is a firm,
25 partnership, or association, the name and address of each
26 member thereof; if the applicant is a corporation, its name
27 and address and the name and address of each director and each
28 officer thereof; and the name by which the facility or program
29 is to be known.
30 (b) The location of the facility or program for which
31 a license is sought.
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1 (c) The name of the person or persons under whose
2 management or supervision the facility or program will be
3 conducted.
4 (d) The number and type of residents or clients for
5 which maintenance, care, education, or treatment is to be
6 provided by the facility or program.
7 (e) The number and location of the component centers
8 or units which will compose the comprehensive transitional
9 education program.
10 (f) A description of the types of services and
11 treatment to be provided by the facility or program.
12 (g) Information relating to the number, experience,
13 and training of the employees of the facility or program.
14 (h) Certification that the staff of the facility or
15 program will receive training to detect and prevent sexual
16 abuse of residents and clients.
17 (i) Such other information as the agency determines is
18 necessary to carry out the provisions of this chapter.
19 (5) The applicant shall submit evidence which
20 establishes the good moral character of the manager or
21 supervisor of the facility or program and the direct service
22 providers in the facility or program and its component centers
23 or units. A license may be issued if all the screening
24 materials have been timely submitted; however, a license may
25 not be issued or renewed if any of the direct service
26 providers have failed the screening required by s. 393.0655.
27 (a)1. A licensed residential facility or comprehensive
28 transitional education program which applies for renewal of
29 its license shall submit to the agency a list of direct
30 service providers who have worked on a continuous basis at the
31 applicant facility or program since submitting fingerprints to
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1 the agency or the Department of Children and Family Services,
2 identifying those direct service providers for whom a written
3 assurance of compliance was provided by the agency or
4 department and identifying those direct service providers who
5 have recently begun working at the facility or program and are
6 awaiting the results of the required fingerprint check along
7 with the date of the submission of those fingerprints for
8 processing. The agency shall by rule determine the frequency
9 of requests to the Department of Law Enforcement to run state
10 criminal records checks for such direct service providers
11 except for those direct service providers awaiting the results
12 of initial fingerprint checks for employment at the applicant
13 facility or program. The agency shall review the records of
14 the direct service providers at the applicant facility or
15 program with respect to the crimes specified in s. 393.0655
16 and shall notify the facility or program of its findings. When
17 disposition information is missing on a criminal record, it is
18 the responsibility of the person being screened, upon request
19 of the agency, to obtain and supply within 30 days the missing
20 disposition information to the agency. Failure to supply the
21 missing information within 30 days or to show reasonable
22 efforts to obtain such information shall result in automatic
23 disqualification.
24 2. The applicant shall sign an affidavit under penalty
25 of perjury stating that all new direct service providers have
26 been fingerprinted and that the facility's or program's
27 remaining direct service providers have worked at the
28 applicant facility or program on a continuous basis since
29 being initially screened at that facility or program or have a
30 written assurance of compliance from the agency or department.
31
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1 (5)(b) As a prerequisite for issuance of an the
2 initial or renewal license, the applicant, and any manager,
3 supervisor, and staff member of the direct service provider of
4 a facility or program licensed under this section, must have
5 submitted to background screening as required under s.
6 393.0655. A license may not be issued or renewed if the
7 applicant or any manager, supervisor, or staff member of the
8 direct service provider has failed background screenings as
9 required under s. 393.0655. The agency shall determine by rule
10 the frequency of background screening. The applicant shall
11 submit with each initial or renewal application a signed
12 affidavit under penalty of perjury stating that the applicant
13 and any manager, supervisor, or staff member of the direct
14 service provider is in compliance with all requirements for
15 background screening. to a residential facility or
16 comprehensive transitional education program:
17 1. The applicant shall submit to the agency a complete
18 set of fingerprints, taken by an authorized law enforcement
19 agency or an employee of the agency who is trained to take
20 fingerprints, for the manager, supervisor, or direct service
21 providers of the facility or program;
22 2. The agency shall submit the fingerprints to the
23 Department of Law Enforcement for state processing and for
24 federal processing by the Federal Bureau of Investigation; and
25 3. The agency shall review the record of the manager
26 or supervisor with respect to the crimes specified in s.
27 393.0655(1) and shall notify the applicant of its findings.
28 When disposition information is missing on a criminal record,
29 it is the responsibility of the manager or supervisor, upon
30 request of the agency, to obtain and supply within 30 days the
31 missing disposition information to the agency. Failure to
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1 supply the missing information within 30 days or to show
2 reasonable efforts to obtain such information shall result in
3 automatic disqualification.
4 (c) The agency or a residential facility or
5 comprehensive transitional education program may not use the
6 criminal records or juvenile records of a person obtained
7 under this subsection for any purpose other than determining
8 if that person meets the minimum standards for good moral
9 character for a manager or supervisor of, or direct service
10 provider in, such a facility or program. The criminal records
11 or juvenile records obtained by the agency or a residential
12 facility or comprehensive transitional education program for
13 determining the moral character of a manager, supervisor, or
14 direct service provider are exempt from s. 119.07(1).
15 (6) Each applicant for licensure as an intermediate
16 care facility for the developmentally disabled must comply
17 with the following requirements:
18 (a) Upon receipt of a completed, signed, and dated
19 application, the agency shall require background screening, in
20 accordance with the level 2 standards for screening set forth
21 in chapter 435, of the managing employee, or other similarly
22 titled individual who is responsible for the daily operation
23 of the facility, and of the financial officer, or other
24 similarly titled individual who is responsible for the
25 financial operation of the center, including billings for
26 resident care and services. The applicant must comply with the
27 procedures for level 2 background screening as set forth in
28 chapter 435, as well as the requirements of s. 435.03(3).
29 (b) The agency may require background screening of any
30 other individual who is an applicant if the agency has
31 probable cause to believe that he or she has been convicted of
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1 a crime or has committed any other offense prohibited under
2 the level 2 standards for screening set forth in chapter 435.
3 (c) Proof of compliance with the level 2 background
4 screening requirements of chapter 435 which has been submitted
5 within the previous 5 years in compliance with any other
6 health care licensure requirements of this state is acceptable
7 in fulfillment of the requirements of paragraph (a).
8 (d) A provisional license may be granted to an
9 applicant when each individual required by this section to
10 undergo background screening has met the standards for the
11 Department of Law Enforcement background check, but the agency
12 has not yet received background screening results from the
13 Federal Bureau of Investigation, or a request for a
14 disqualification exemption has been submitted to the agency as
15 set forth in chapter 435, but a response has not yet been
16 issued. A standard license may be granted to the applicant
17 upon the agency's receipt of a report of the results of the
18 Federal Bureau of Investigation background screening for each
19 individual required by this section to undergo background
20 screening which confirms that all standards have been met, or
21 upon the granting of a disqualification exemption by the
22 agency as set forth in chapter 435. Any other person who is
23 required to undergo level 2 background screening may serve in
24 his or her capacity pending the agency's receipt of the report
25 from the Federal Bureau of Investigation. However, the person
26 may not continue to serve if the report indicates any
27 violation of background screening standards and a
28 disqualification exemption has not been requested of and
29 granted by the agency as set forth in chapter 435.
30 (e) Each applicant must submit to the agency, with its
31 application, a description and explanation of any exclusions,
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1 permanent suspensions, or terminations of the applicant from
2 the Medicare or Medicaid programs. Proof of compliance with
3 the requirements for disclosure of ownership and control
4 interests under the Medicaid or Medicare programs shall be
5 accepted in lieu of this submission.
6 (f) Each applicant must submit to the agency a
7 description and explanation of any conviction of an offense
8 prohibited under the level 2 standards of chapter 435 by a
9 member of the board of directors of the applicant, its
10 officers, or any individual owning 5 percent or more of the
11 applicant. This requirement does not apply to a director of a
12 not-for-profit corporation or organization if the director
13 serves solely in a voluntary capacity for the corporation or
14 organization, does not regularly take part in the day-to-day
15 operational decisions of the corporation or organization,
16 receives no remuneration for his or her services on the
17 corporation or organization's board of directors, and has no
18 financial interest and has no family members with a financial
19 interest in the corporation or organization, provided that the
20 director and the not-for-profit corporation or organization
21 include in the application a statement affirming that the
22 director's relationship to the corporation satisfies the
23 requirements of this paragraph.
24 (g) A license may not be granted to an applicant if
25 the applicant or managing employee has been found guilty of,
26 regardless of adjudication, or has entered a plea of nolo
27 contendere or guilty to, any offense prohibited under the
28 level 2 standards for screening set forth in chapter 435,
29 unless an exemption from disqualification has been granted by
30 the agency as set forth in chapter 435.
31
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1 (h) The agency may deny or revoke licensure if the
2 applicant:
3 1. Has falsely represented a material fact in the
4 application required by paragraph (e) or paragraph (f), or has
5 omitted any material fact from the application required by
6 paragraph (e) or paragraph (f); or
7 2. Has had prior action taken against the applicant
8 under the Medicaid or Medicare program as set forth in
9 paragraph (e).
10 (i) An application for license renewal must contain
11 the information required under paragraphs (e) and (f).
12 (6)(7) The applicant shall furnish satisfactory proof
13 of financial ability to operate and conduct the facility or
14 program in accordance with the requirements of this chapter
15 and adopted all rules promulgated hereunder.
16 (7)(8) The agency shall adopt rules establishing
17 minimum standards for licensure of residential facilities and
18 comprehensive transitional education programs licensed under
19 this section, including rules requiring facilities and
20 programs to train staff to detect and prevent sexual abuse of
21 residents and clients, minimum standards of quality and
22 adequacy of client care, incident-reporting requirements, and
23 uniform firesafety standards established by the State Fire
24 Marshal which are appropriate to the size of the facility or
25 of the component centers or units of the program.
26 (8)(9) The agency and the Agency for Health Care
27 Administration, after consultation with the Department of
28 Community Affairs, shall adopt rules for foster care
29 residential facilities, group home facilities, and residential
30 habilitation centers which establish under the respective
31 regulatory jurisdiction of each establishing minimum standards
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1 for the preparation and annual update of a comprehensive
2 emergency management plan. At a minimum, the rules must
3 provide for plan components that address emergency evacuation
4 transportation; adequate sheltering arrangements; postdisaster
5 activities, including emergency power, food, and water;
6 postdisaster transportation; supplies; staffing; emergency
7 equipment; individual identification of residents and transfer
8 of records; and responding to family inquiries. The
9 comprehensive emergency management plan for all comprehensive
10 transitional education programs and for homes serving
11 individuals who have complex medical conditions is subject to
12 review and approval by the local emergency management agency.
13 During its review, the local emergency management agency shall
14 ensure that the agency and the Department of Community Affairs
15 following agencies, at a minimum, are given the opportunity to
16 review the plan: the Agency for Health Care Administration,
17 the Agency for Persons with Disabilities, and the Department
18 of Community Affairs. Also, appropriate volunteer
19 organizations must be given the opportunity to review the
20 plan. The local emergency management agency shall complete its
21 review within 60 days and either approve the plan or advise
22 the facility of necessary revisions.
23 (9)(10) The agency may conduct unannounced inspections
24 to determine compliance by foster care residential facilities,
25 group home facilities, residential habilitation centers, and
26 comprehensive transitional education programs with the
27 applicable provisions of this chapter and the rules adopted
28 pursuant hereto, including the rules adopted for training
29 staff of a facility or a program to detect and prevent sexual
30 abuse of residents and clients. The facility or program shall
31
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1 make copies of inspection reports available to the public upon
2 request.
3 (11) An alternative living center and an independent
4 living education center, as defined in s. 393.063, shall be
5 subject to the provisions of s. 419.001, except that such
6 centers shall be exempt from the 1,000-foot-radius requirement
7 of s. 419.001(2) if:
8 (a) Such centers are located on a site zoned in a
9 manner so that all the component centers of a comprehensive
10 transition education center may be located thereon; or
11 (b) There are no more than three such centers within
12 said radius of 1,000 feet.
13 (10)(12) Each residential facility or comprehensive
14 transitional education program licensed under this section by
15 the agency shall forward annually to the agency a true and
16 accurate sworn statement of its costs of providing care to
17 clients funded by the agency.
18 (11)(13) The agency may audit the records of any
19 residential facility or comprehensive transitional education
20 program that it has reason to believe may not be in full
21 compliance with the provisions of this section; provided that,
22 any financial audit of such facility or program shall be
23 limited to the records of clients funded by the agency.
24 (12)(14) The agency shall establish, for the purpose
25 of control of licensure costs, a uniform management
26 information system and a uniform reporting system with uniform
27 definitions and reporting categories.
28 (13)(15) Facilities and programs licensed pursuant to
29 this section shall adhere to all rights specified in s.
30 393.13, including those enumerated in s. 393.13(4).
31
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1 (14)(16) An No unlicensed residential facility or
2 comprehensive transitional education program may not shall
3 receive state funds. A license for the operation of a facility
4 or program shall not be renewed if the licensee has any
5 outstanding fines assessed pursuant to this chapter wherein
6 final adjudication of such fines has been entered.
7 (15)(17) The agency is shall not be required to
8 contract with new facilities licensed after October 1, 1989,
9 pursuant to this chapter. Pursuant to chapter 287, the agency
10 shall continue to contract within available resources for
11 residential services with facilities licensed prior to October
12 1, 1989, if such facilities comply with the provisions of this
13 chapter and all other applicable laws and regulations.
14 Section 20. Section 393.0673, Florida Statutes, is
15 amended to read:
16 393.0673 Denial, suspension, revocation of license;
17 moratorium on admissions; administrative fines; procedures.--
18 (1) The agency may deny, revoke, or suspend a license
19 or impose an administrative fine, not to exceed $1,000 per
20 violation per day, if the applicant or licensee:
21 (a) Has falsely represented, or omitted a material
22 fact in its license application submitted under s. 393.067.
23 (b) Has had prior action taken against it under the
24 Medicaid or Medicare program.
25 (c) Has failed to comply with the applicable
26 requirements of this chapter or rules applicable to the
27 applicant or licensee for a violation of any provision of s.
28 393.0655 or s. 393.067 or rules adopted pursuant thereto.
29 (2) All hearings shall be held within the county in
30 which the licensee or applicant operates or applies for a
31 license to operate a facility as defined herein.
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1 (3)(2) The agency, as a part of any final order issued
2 by it under the provisions of this chapter, may impose such
3 fine as it deems proper, except that such fine may not exceed
4 $1,000 for each violation. Each day a violation of this
5 chapter occurs constitutes a separate violation and is subject
6 to a separate fine, but in no event may the aggregate amount
7 of any fine exceed $10,000. Fines paid by any facility
8 licensee under the provisions of this subsection shall be
9 deposited in the Resident Protection Trust Fund and expended
10 as provided in s. 400.063.
11 (4)(3) The agency may issue an order immediately
12 suspending or revoking a license when it determines that any
13 condition in the facility presents a danger to the health,
14 safety, or welfare of the residents in the facility.
15 (5)(4) The agency may impose an immediate moratorium
16 on admissions to any facility when the department determines
17 that any condition in the facility presents a threat to the
18 health, safety, or welfare of the residents in the facility.
19 (6) The agency shall establish by rule criteria for
20 evaluating the severity of violations and for determining the
21 amount of fines imposed.
22 Section 21. Subsection (1) of section 393.0674,
23 Florida Statutes, is amended to read:
24 393.0674 Penalties.--
25 (1) It is a misdemeanor of the first degree,
26 punishable as provided in s. 775.082 or s. 775.083, for any
27 person willfully, knowingly, or intentionally to:
28 (a) Fail, by false statement, misrepresentation,
29 impersonation, or other fraudulent means, to disclose in any
30 application for voluntary or paid employment a material fact
31
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1 used in making a determination as to such person's
2 qualifications to be a direct service provider;
3 (b) Provide or attempt to provide supports or services
4 with direct service providers who are not in compliance
5 noncompliance with the background screening requirements
6 minimum standards for good moral character as contained in
7 this chapter; or
8 (c) Use information from the criminal records or
9 central abuse hotline obtained under s. 393.0655, s. 393.066,
10 or s. 393.067 for any purpose other than screening that person
11 for employment as specified in those sections or release such
12 information to any other person for any purpose other than
13 screening for employment as specified in those sections.
14 Section 22. Subsection (3) of section 393.0675,
15 Florida Statutes, is amended to read:
16 393.0675 Injunctive proceedings authorized.--
17 (3) The agency may institute proceedings for an
18 injunction in a court of competent jurisdiction to terminate
19 the operation of a provider of supports or services if such
20 provider has willfully and knowingly refused to comply with
21 the screening requirement for direct service providers or has
22 refused to terminate direct service providers found not to be
23 in compliance with such the requirements for good moral
24 character.
25 Section 23. Subsection (1) of section 393.0678,
26 Florida Statutes, is amended to read:
27 393.0678 Receivership proceedings.--
28 (1) The agency may petition a court of competent
29 jurisdiction for the appointment of a receiver for an
30 intermediate care facility for the developmentally disabled, a
31 residential habilitation center, or a group home facility
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1 owned and operated by a corporation or partnership when any of
2 the following conditions exist:
3 (a) Any person is operating a facility without a
4 license and refuses to make application for a license as
5 required by s. 393.067 or, in the case of an intermediate care
6 facility for the developmentally disabled, as required by ss.
7 393.067 and 400.062.
8 (b) The licensee is closing the facility or has
9 informed the department that it intends to close the facility;
10 and adequate arrangements have not been made for relocation of
11 the residents within 7 days, exclusive of weekends and
12 holidays, of the closing of the facility.
13 (c) The agency determines that conditions exist in the
14 facility which present an imminent danger to the health,
15 safety, or welfare of the residents of the facility or which
16 present a substantial probability that death or serious
17 physical harm would result therefrom. Whenever possible, the
18 agency shall facilitate the continued operation of the
19 program.
20 (d) The licensee cannot meet its financial obligations
21 to provide food, shelter, care, and utilities. Evidence such
22 as the issuance of bad checks or the accumulation of
23 delinquent bills for such items as personnel salaries, food,
24 drugs, or utilities constitutes prima facie evidence that the
25 ownership of the facility lacks the financial ability to
26 operate the home in accordance with the requirements of this
27 chapter and all rules promulgated thereunder.
28 Section 24. Subsections (1), (2), (3), (5), and (7) of
29 section 393.068, Florida Statutes, are amended to read:
30 393.068 Family care program.--
31
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1 (1) The family care program is established for the
2 purpose of providing services and support to families and
3 individuals with developmental disabilities in order to
4 maintain the individual in the home environment and avoid
5 costly out-of-home residential placement. Services and support
6 available to families and individuals with developmental
7 disabilities shall emphasize community living and
8 self-determination and enable individuals with developmental
9 disabilities to enjoy typical lifestyles. One way to
10 accomplish this is to recognize that families are the greatest
11 resource available to individuals who have developmental
12 disabilities and must be supported in their role as primary
13 care givers.
14 (2) Services and support authorized under the family
15 care this program shall, to the extent of available resources,
16 include the services listed under s. 393.066 and, in addition,
17 shall include, but not be limited to:
18 (a) Attendant care.
19 (b) Barrier-free modifications to the home.
20 (c) Home visitation by agency workers.
21 (d) In-home subsidies.
22 (e) Low-interest loans.
23 (f) Modifications for vehicles used to transport the
24 individual with a developmental disability.
25 (g) Facilitated communication.
26 (h) Family counseling.
27 (i) Equipment and supplies.
28 (j) Self-advocacy training.
29 (k) Roommate services.
30 (l) Integrated community activities.
31 (m) Emergency services.
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1 (n) Support coordination.
2 (o) Supported employment.
3 (o)(p) Other support services as identified by the
4 family or individual.
5 (3) When it is determined by the agency to be more
6 cost-effective and in the best interest of the client to
7 maintain such client in the home of a direct service provider,
8 the parent or guardian of the client or, if competent, the
9 client may enroll the client in the family care program. The
10 direct service provider of a client enrolled in the family
11 care program shall be reimbursed according to a rate schedule
12 set by the agency, except that. in-home subsidies cited in
13 paragraph (2)(d) shall be provided in accordance with
14 according to s. 393.0695 and are not subject to any other
15 payment method or rate schedule provided for in this section.
16 (5) The agency may contract for the provision of any
17 portion of the services required by the program, except for
18 in-home subsidies cited in paragraph (2)(d), which shall be
19 provided pursuant to s. 393.0695. Otherwise, purchase of
20 service contracts shall be used whenever the services so
21 provided are more cost-efficient than those provided by the
22 agency.
23 (7) To provide a range of personal care services for
24 the client, the use of volunteers shall be maximized. The
25 agency shall assure appropriate insurance coverage to protect
26 volunteers from personal liability while acting within the
27 scope of their volunteer assignments under the program.
28 Section 25. Subsection (3) of section 393.0695,
29 Florida Statutes, is amended, and subsection (5) is added to
30 that section, to read:
31 393.0695 Provision of in-home subsidies.--
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1 (3) In-home subsidies must be based on an individual
2 determination of need and must not exceed maximum amounts set
3 by the agency and reassessed by the agency quarterly annually.
4 (5) The agency shall adopt rules to administer this
5 section, including standards and procedures governing
6 eligibility for services, selection of housing, selection of
7 providers, and planning for services, and requirements for
8 ongoing monitoring.
9 Section 26. Subsection (2) of section 393.075, Florida
10 Statutes, is amended to read:
11 393.075 General liability coverage.--
12 (2) The Division of Risk Management of the Department
13 of Financial Services shall provide coverage through the
14 agency to any person who owns or operates a foster care
15 facility or group home facility solely for the agency, who
16 cares for children placed by developmental services staff of
17 the agency, and who is licensed pursuant to s. 393.067 to
18 provide such supervision and care in his or her place of
19 residence. The coverage shall be provided from the general
20 liability account of the State Risk Management Trust Fund. The
21 coverage is limited to general liability claims arising from
22 the provision of supervision and care of children in a foster
23 care facility or group home facility pursuant to an agreement
24 with the agency and pursuant to guidelines established through
25 policy, rule, or statute. Coverage shall be subject to the
26 limits provided in ss. 284.38 and 284.385, and the exclusions
27 set forth therein, together with other exclusions as may be
28 set forth in the certificate of coverage issued by the trust
29 fund. A person covered under the general liability account
30 pursuant to this subsection shall immediately notify the
31
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1 Division of Risk Management of the Department of Financial
2 Services of any potential or actual claim.
3 Section 27. Section 393.11, Florida Statutes, is
4 amended to read:
5 393.11 Involuntary admission to residential
6 services.--
7 (1) JURISDICTION.--When a person is mentally retarded
8 and requires involuntary admission to residential services
9 provided by the agency, the circuit court of the county in
10 which the person resides shall have jurisdiction to conduct a
11 hearing and enter an order involuntarily admitting the person
12 in order that the person may receive the care, treatment,
13 habilitation, and rehabilitation which the person needs. For
14 the purpose of identifying mental retardation, diagnostic
15 capability shall be established by the agency. Except as
16 otherwise specified, the proceedings under this section shall
17 be governed by the Florida Rules of Civil Procedure.
18 (2) PETITION.--
19 (a) A petition for involuntary admission to
20 residential services may be executed by a petitioning
21 commission. For proposed involuntary admission to residential
22 services arising out of chapter 916, the petition may be filed
23 by a petitioning commission, the agency, the state attorney of
24 the circuit from which the defendant was committed, or the
25 defendant's attorney.
26 (b) The petitioning commission shall consist of three
27 persons. One of these persons shall be a physician licensed
28 and practicing under chapter 458 or chapter 459.
29 (c) The petition shall be verified and shall:
30
31
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1 1. State the name, age, and present address of the
2 commissioners and their relationship to the person with mental
3 retardation or autism;
4 2. State the name, age, county of residence, and
5 present address of the person with mental retardation or
6 autism;
7 3. Allege that the commission believes that the person
8 needs involuntary residential services and specify the factual
9 information on which the such belief is based;
10 4. Allege that the person lacks sufficient capacity to
11 give express and informed consent to a voluntary application
12 for services and lacks the basic survival and self-care skills
13 to provide for the person's well-being or is likely to
14 physically injure others if allowed to remain at liberty; and
15 5. State which residential setting is the least
16 restrictive and most appropriate alternative and specify the
17 factual information on which the such belief is based.
18 (d) The petition shall be filed in the circuit court
19 of the county in which the person with mental retardation or
20 autism resides.
21 (3) NOTICE.--
22 (a) Notice of the filing of the petition shall be
23 given to the individual and his or her legal guardian. The
24 notice shall be given both verbally and in writing in the
25 language of the client, or in other modes of communication of
26 the client, and in English. Notice shall also be given to such
27 other persons as the court may direct. The petition for
28 involuntary admission to residential services shall be served
29 with the notice.
30 (b) Whenever a motion or petition has been filed
31 pursuant to s. 916.303 to dismiss criminal charges against a
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1 defendant with retardation or autism, and a petition is filed
2 to involuntarily admit the defendant to residential services
3 under this section, the notice of the filing of the petition
4 shall also be given to the defendant's attorney, and to the
5 state attorney of the circuit from which the defendant was
6 committed, and the agency.
7 (c) The notice shall state that a hearing shall be set
8 to inquire into the need of the person with mental retardation
9 or autism for involuntary residential services. The notice
10 shall also state the date of the hearing on the petition.
11 (d) The notice shall state that the individual with
12 mental retardation or autism has the right to be represented
13 by counsel of his or her own choice and that, if the person
14 cannot afford an attorney, the court shall appoint one.
15 (4) AGENCY DEVELOPMENTAL SERVICES PARTICIPATION.--
16 (a) Upon receiving the petition, the court shall
17 immediately order the developmental services program of the
18 agency to examine the person being considered for involuntary
19 admission to residential services.
20 (b) Following examination, the agency shall file After
21 the developmental services program examines the person, a
22 written report shall be filed with the court not less than 10
23 working days before the date of the hearing. The report must
24 shall be served on the petitioner, the person with mental
25 retardation, and the person's attorney at the time the report
26 is filed with the court.
27 (c) The report must shall contain the findings of the
28 agency's developmental services program evaluation, and any
29 recommendations deemed appropriate, and a determination of
30 whether the person is eligible for services under this
31 chapter.
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1 (5) EXAMINING COMMITTEE.--
2 (a) Upon receiving the petition, the court shall
3 immediately appoint an examining committee to examine the
4 person being considered for involuntary admission to
5 residential services provided by of the developmental services
6 program of the agency.
7 (b) The court shall appoint no fewer than three
8 disinterested experts who have demonstrated to the court an
9 expertise in the diagnosis, evaluation, and treatment of
10 persons with mental retardation. The committee must shall
11 include at least one licensed and qualified physician, one
12 licensed and qualified psychologist, and one qualified
13 professional with a minimum of a masters degree in social
14 work, special education, or vocational rehabilitation
15 counseling, to examine the person and to testify at the
16 hearing on the involuntary admission to residential services.
17 (c) Counsel for the person who is being considered for
18 involuntary admission to residential services and counsel for
19 the petition commission has shall have the right to challenge
20 the qualifications of those appointed to the examining
21 committee.
22 (d) Members of the committee may shall not be
23 employees of the agency or be associated with each other in
24 practice or in employer-employee relationships. Members of the
25 committee may shall not have served as members of the
26 petitioning commission. Members of the committee may shall not
27 be employees of the members of the petitioning commission or
28 be associated in practice with members of the commission.
29 (e) The committee shall prepare a written report for
30 the court. The report must shall explicitly document the
31 extent that the person meets the criteria for involuntary
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1 admission. The report, and expert testimony, must shall
2 include, but not be limited to:
3 1. The degree of the person's mental retardation and
4 whether, using diagnostic capabilities established by the
5 agency, the person is eligible for agency services;
6 2. Whether, because of the person's degree of mental
7 retardation, the person:
8 a. Lacks sufficient capacity to give express and
9 informed consent to a voluntary application for services
10 pursuant to s. 393.065;
11 b. Lacks basic survival and self-care skills to such a
12 degree that close supervision and habilitation in a
13 residential setting is necessary and if not provided would
14 result in a real and present threat of substantial harm to the
15 person's well-being; or
16 c. Is likely to physically injure others if allowed to
17 remain at liberty.
18 3. The purpose to be served by residential care;
19 4. A recommendation on the type of residential
20 placement which would be the most appropriate and least
21 restrictive for the person; and
22 5. The appropriate care, habilitation, and treatment.
23 (f) The committee shall file the report with the court
24 not less than 10 working days before the date of the hearing.
25 The report shall be served on the petitioner, the person with
26 mental retardation, and the person's attorney at the time the
27 report is filed with the court, and the agency.
28 (g) Members of the examining committee shall receive a
29 reasonable fee to be determined by the court. The fees are to
30 be paid from the general revenue fund of the county in which
31
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1 the person with mental retardation resided when the petition
2 was filed.
3 (h) The agency shall develop and prescribe by rule one
4 or more standard forms to be used as a guide for members of
5 the examining committee.
6 (6) COUNSEL; GUARDIAN AD LITEM.--
7 (a) The person with mental retardation shall be
8 represented by counsel at all stages of the judicial
9 proceeding. In the event the person is indigent and cannot
10 afford counsel, the court shall appoint a public defender not
11 less than 20 working days before the scheduled hearing. The
12 person's counsel shall have full access to the records of the
13 service provider and the agency. In all cases, the attorney
14 shall represent the rights and legal interests of the person
15 with mental retardation, regardless of who may initiate the
16 proceedings or pay the attorney's fee.
17 (b) If the attorney, during the course of his or her
18 representation, reasonably believes that the person with
19 mental retardation cannot adequately act in his or her own
20 interest, the attorney may seek the appointment of a guardian
21 ad litem. A prior finding of incompetency is not required
22 before a guardian ad litem is appointed pursuant to this
23 section.
24 (7) HEARING.--
25 (a) The hearing for involuntary admission shall be
26 conducted, and the order shall be entered, in the county in
27 which the petition is filed person is residing or be as
28 convenient to the person as may be consistent with orderly
29 procedure. The hearing shall be conducted in a physical
30 setting not likely to be injurious to the person's condition.
31
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1 (b) A hearing on the petition must shall be held as
2 soon as practicable after the petition is filed, but
3 reasonable delay for the purpose of investigation, discovery,
4 or procuring counsel or witnesses shall be granted.
5 (c) The court may appoint a general or special
6 magistrate to preside. Except as otherwise specified, the
7 magistrate's proceeding shall be governed by the rule 1.490,
8 Florida Rules of Civil Procedure.
9 (d) The person with mental retardation shall be
10 physically present throughout the entire proceeding. If the
11 person's attorney believes that the person's presence at the
12 hearing is not in the person's best interest, the person's
13 presence may be waived once the court has seen the person and
14 the hearing has commenced.
15 (e) The person has shall have the right to present
16 evidence and to cross-examine all witnesses and other evidence
17 alleging the appropriateness of the person's admission to
18 residential care. Other relevant and material evidence
19 regarding the appropriateness of the person's admission to
20 residential services; the most appropriate, least restrictive
21 residential placement; and the appropriate care, treatment,
22 and habilitation of the person, including written or oral
23 reports, may be introduced at the hearing by any interested
24 person.
25 (f) The petitioning commission may be represented by
26 counsel at the hearing. The petitioning commission shall have
27 the right to call witnesses, present evidence, cross-examine
28 witnesses, and present argument on behalf of the petitioning
29 commission.
30 (g) All evidence shall be presented according to
31 chapter 90. The burden of proof shall be on the party alleging
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1 the appropriateness of the person's admission to residential
2 services. The burden of proof shall be by clear and convincing
3 evidence.
4 (h) All stages of each proceeding shall be
5 stenographically reported.
6 (8) ORDER.--
7 (a) In all cases, the court shall issue written
8 findings of fact and conclusions of law to support its
9 decision. The order must shall state the basis for the such
10 findings of fact.
11 (b) An order of involuntary admission to residential
12 services may shall not be entered unless the court finds that:
13 1. The person is mentally retarded or autistic;
14 2. Placement in a residential setting is the least
15 restrictive and most appropriate alternative to meet the
16 person's needs; and
17 3. Because of the person's degree of mental
18 retardation or autism, the person:
19 a. Lacks sufficient capacity to give express and
20 informed consent to a voluntary application for services
21 pursuant to s. 393.065 and lacks basic survival and self-care
22 skills to such a degree that close supervision and
23 habilitation in a residential setting is necessary and, if not
24 provided, would result in a real and present threat of
25 substantial harm to the person's well-being; or
26 b. Is likely to physically injure others if allowed to
27 remain at liberty.
28 (c) If the evidence presented to the court is not
29 sufficient to warrant involuntary admission to residential
30 services, but the court feels that residential services would
31
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1 be beneficial, the court may recommend that the person seek
2 voluntary admission.
3 (d) If an order of involuntary admission to
4 residential services provided by the developmental services
5 program of the agency is entered by the court, a copy of the
6 written order shall be served upon the person, the person's
7 counsel, the agency, and the state attorney and the person's
8 defense counsel, if applicable. The order of involuntary
9 admission sent to the agency shall also be accompanied by a
10 copy of the examining committee's report and other reports
11 contained in the court file.
12 (e) Upon receiving the order, the agency shall, within
13 45 days, provide the court with a copy of the person's family
14 or individual support plan and copies of all examinations and
15 evaluations, outlining the treatment and rehabilitative
16 programs. The agency shall document that the person has been
17 placed in the most appropriate, least restrictive and
18 cost-beneficial residential setting facility. A copy of the
19 family or individual support plan and other examinations and
20 evaluations shall be served upon the person and the person's
21 counsel at the same time the documents are filed with the
22 court.
23 (9) EFFECT OF THE ORDER OF INVOLUNTARY ADMISSION TO
24 RESIDENTIAL SERVICES.--
25 (a) In no case shall An order authorizing an admission
26 to residential care may not be considered an adjudication of
27 mental incompetency. A No person is not shall be presumed
28 incompetent solely by reason of the person's involuntary
29 admission to residential services. A No person may not shall
30 be denied the full exercise of all legal rights guaranteed to
31 citizens of this state and of the United States.
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1 (b) Any minor involuntarily admitted to residential
2 services shall, upon reaching majority, be given a hearing to
3 determine the continued appropriateness of his or her
4 involuntary admission.
5 (10) COMPETENCY.--
6 (a) The issue of competency shall be separate and
7 distinct from a determination of the appropriateness of
8 involuntary admission to residential services for a condition
9 of mental retardation.
10 (b) The issue of the competency of a person with
11 mental retardation for purposes of assigning guardianship
12 shall be determined in a separate proceeding according to the
13 procedures and requirements of chapter 744 and the Florida
14 Probate Rules. The issue of the competency of a person with
15 mental retardation or autism for purposes of determining
16 whether the person is competent to proceed in a criminal trial
17 shall be determined in accordance with chapter 916.
18 (11) CONTINUING JURISDICTION.--The court which issues
19 the initial order for involuntary admission to residential
20 services under this section has shall have continuing
21 jurisdiction to enter further orders to ensure that the person
22 is receiving adequate care, treatment, habilitation, and
23 rehabilitation, including psychotropic medication and
24 behavioral programming. Upon request, the court may transfer
25 the continuing jurisdiction to the court where a client
26 resides if it is different from where the original involuntary
27 admission order was issued. A No person may not be released
28 from an order for involuntary admission to residential
29 services except by the order of the court.
30 (12) APPEAL.--
31
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1 (a) Any party to the proceeding who is affected by an
2 order of the court, including the agency, may appeal to the
3 appropriate district court of appeal within the time and in
4 the manner prescribed by the Florida Rules of Appellate
5 Procedure.
6 (b) The filing of an appeal by the person with mental
7 retardation shall stay admission of the person into
8 residential care. The stay shall remain in effect during the
9 pendency of all review proceedings in Florida courts until a
10 mandate issues.
11 (13) HABEAS CORPUS.--At any time and without notice,
12 any person involuntarily admitted into residential care to the
13 developmental services program of the agency, or the person's
14 parent or legal guardian in his or her behalf, is entitled to
15 file a petition for a writ of habeas corpus to question the
16 cause, legality, and appropriateness of the person's
17 involuntary admission. Each person, or the person's parent or
18 legal guardian, shall receive specific written notice of the
19 right to petition for a writ of habeas corpus at the time of
20 his or her involuntary placement.
21 Section 28. Section 393.122, Florida Statutes, is
22 amended to read:
23 393.122 Applications for continued residential
24 services.--
25 (1) If a client is discharged from residential
26 services under the provisions of s. 393.115 this section,
27 application for needed services shall be encouraged.
28 (2) A No client receiving services from a state agency
29 may not the department as of July 1, 1977, shall be denied
30 continued services due to any change in eligibility
31 requirements by chapter 77-335, Laws of Florida.
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1 Section 29. Section 393.13, Florida Statutes, is
2 amended to read:
3 393.13 Personal Treatment of persons with
4 developmental disabilities who are developmentally disabled.--
5 (1) SHORT TITLE.--This section act shall be known as
6 "The Bill of Rights of Persons with Developmental Disabilities
7 Who are Developmentally Disabled."
8 (2) LEGISLATIVE INTENT.--
9 (a) The Legislature finds and declares that the system
10 of care provided to individuals with developmental
11 disabilities who are developmentally disabled must be designed
12 to meet the needs of the clients as well as protect the
13 integrity of their legal and human rights.
14 (b) The Legislature further finds and declares that
15 the design and delivery of treatment and services to persons
16 with developmental disabilities who are developmentally
17 disabled should be directed by the principles of
18 self-determination normalization and therefore should:
19 1. Abate the use of large institutions.
20 2. Continue the development of community-based
21 services that which provide reasonable alternatives to
22 institutionalization in settings that are least restrictive to
23 the client and that provide opportunities for inclusion in the
24 community.
25 3. Provide training and education that to individuals
26 who are developmentally disabled which will maximize their
27 potential to lead independent and productive lives and that
28 which will afford opportunities for outward mobility from
29 institutions.
30 4. Reduce the use of sheltered workshops and other
31 noncompetitive employment day activities and promote
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1 opportunities for those gainful employment for persons with
2 developmental disabilities who choose to seek such employment.
3 (c) It is the intent of the Legislature that
4 duplicative and unnecessary administrative procedures and
5 practices shall be eliminated, and areas of responsibility
6 shall be clearly defined and consolidated in order to
7 economically utilize present resources. Furthermore, personnel
8 providing services should be sufficiently qualified and
9 experienced to meet the needs of the clients, and they must be
10 sufficient in number to provide treatment in a manner which is
11 beneficial to the clients.
12 (d) It is the intent of the Legislature:
13 1. To articulate the existing legal and human rights
14 of persons with developmental disabilities who are
15 developmentally disabled so that they may be exercised and
16 protected. Persons with developmental disabilities shall have
17 all the rights enjoyed by citizens of the state and the United
18 States.
19 2. To provide a mechanism for the identification,
20 evaluation, and treatment of persons with developmental
21 disabilities.
22 3. To divert those individuals from institutional
23 commitment who, by virtue of comprehensive assessment, can be
24 placed in less costly, more effective community environments
25 and programs.
26 4. To fund improvements in the program in accordance
27 with the availability of state resources and yearly priorities
28 determined by the Legislature.
29 5. To ensure that persons with developmental
30 disabilities receive treatment and habilitation which fosters
31 the developmental potential of the individual.
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1 6. To provide programs for the proper habilitation and
2 treatment of persons with developmental disabilities which
3 shall include, but not be limited to, comprehensive
4 medical/dental care, education, recreation, specialized
5 therapies, training, social services, transportation,
6 guardianship, family care programs, day habilitation services,
7 and habilitative and rehabilitative services suited to the
8 needs of the individual regardless of age, degree of
9 disability, or handicapping condition. It is the intent of the
10 Legislature that no person with developmental disabilities
11 shall be deprived of these enumerated services by reason of
12 inability to pay.
13 7. To fully effectuate the principles of
14 self-determination normalization principle through the
15 establishment of community services for persons with
16 developmental disabilities as a viable and practical
17 alternative to institutional care at each stage of individual
18 life development and to promote opportunities for community
19 inclusion. If care in a residential facility becomes
20 necessary, it shall be in the least restrictive setting.
21 8. To minimize and achieve an ongoing reduction in the
22 use of restraint and seclusion in facilities and programs
23 serving persons with developmental disabilities.
24 (e) It is the clear, unequivocal intent of this act to
25 guarantee individual dignity, liberty, pursuit of happiness,
26 and protection of the civil and legal rights of persons with
27 developmental disabilities.
28 (3) RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL
29 DISABILITIES.--The rights described in this subsection shall
30 apply to all persons with developmental disabilities, whether
31 or not such persons are clients of the agency.
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1 (a) Persons with developmental disabilities shall have
2 a right to dignity, privacy, and humane care, including the
3 right to be free from sexual abuse in residential facilities.
4 (b) Persons with developmental disabilities shall have
5 the right to religious freedom and practice. Nothing shall
6 restrict or infringe on a person's right to religious
7 preference and practice.
8 (c) Persons with developmental disabilities shall
9 receive services, within available sources, which protect the
10 personal liberty of the individual and which are provided in
11 the least restrictive conditions necessary to achieve the
12 purpose of treatment.
13 (d) Persons with developmental disabilities who are
14 developmentally disabled shall have a right to participate in
15 an appropriate program of quality education and training
16 services, within available resources, regardless of
17 chronological age or degree of disability. Such persons may be
18 provided with instruction in sex education, marriage, and
19 family planning.
20 (e) Persons with developmental disabilities who are
21 developmentally disabled shall have a right to social
22 interaction and to participate in community activities.
23 (f) Persons with developmental disabilities who are
24 developmentally disabled shall have a right to physical
25 exercise and recreational opportunities.
26 (g) Persons with developmental disabilities who are
27 developmentally disabled shall have a right to be free from
28 harm, including unnecessary physical, chemical, or mechanical
29 restraint, isolation, excessive medication, abuse, or neglect.
30 (h) Persons with developmental disabilities who are
31 developmentally disabled shall have a right to consent to or
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1 refuse treatment, subject to the provisions of s. 393.12(2)(a)
2 or chapter 744.
3 (i) No otherwise qualified person shall, by reason of
4 having a developmental disability, be excluded from
5 participation in, or be denied the benefits of, or be subject
6 to discrimination under, any program or activity which
7 receives public funds, and all prohibitions set forth under
8 any other statute shall be actionable under this statute.
9 (j) No otherwise qualified person shall, by reason of
10 having a developmental disability, be denied the right to vote
11 in public elections.
12 (4) CLIENT RIGHTS.--For purposes of this subsection,
13 the term "client," as defined in s. 393.063, shall also
14 include any person served in a facility licensed under
15 pursuant to s. 393.067.
16 (a) Clients shall have an unrestricted right to
17 communication:
18 1. Each client is shall be allowed to receive, send,
19 and mail sealed, unopened correspondence. A No client's
20 incoming or outgoing correspondence may not shall be opened,
21 delayed, held, or censored by the facility unless there is
22 reason to believe that it contains items or substances which
23 may be harmful to the client or others, in which case the
24 chief administrator of the facility may direct reasonable
25 examination of such mail and regulate the disposition of such
26 items or substances.
27 2. Clients in residential facilities shall be afforded
28 reasonable opportunities for telephone communication, to make
29 and receive confidential calls, unless there is reason to
30 believe that the content of the telephone communication may be
31 harmful to the client or others, in which case the chief
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1 administrator of the facility may direct reasonable
2 observation and monitoring to the telephone communication.
3 3. Clients shall have an unrestricted right to
4 visitation subject to reasonable rules of the facility.
5 However, nothing in this provision may not shall be construed
6 to permit infringement upon other clients' rights to privacy.
7 (b) Each client has the right to the possession and
8 use of his or her own clothing and personal effects, except in
9 those specific instances where the use of some of these items
10 as reinforcers is essential for training the client as part of
11 an appropriately approved behavioral program. The chief
12 administrator of the facility may take temporary custody of
13 such effects when it is essential to do so for medical or
14 safety reasons. Custody of such personal effects shall be
15 promptly recorded in the client's record, and a receipt for
16 such effects shall be immediately given to the client, if
17 competent, or the client's parent or legal guardian.
18 1. All money belonging to a client held by the agency
19 shall be held in compliance with s. 402.17(2).
20 2. All interest on money received and held for the
21 personal use and benefit of a client shall be the property of
22 that client and may shall not accrue to the general welfare of
23 all clients or be used to defray the cost of residential care.
24 Interest so accrued shall be used or conserved for the
25 personal use or benefit of the individual client as provided
26 in s. 402.17(2).
27 3. Upon the discharge or death of a client, a final
28 accounting shall be made of all personal effects and money
29 belonging to the client held by the agency. All such personal
30 effects and money, including interest, shall be promptly
31 turned over to the client or his or her heirs.
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1 (c) Each client shall receive prompt and appropriate
2 medical treatment and care for physical and mental ailments
3 and for the prevention of any illness or disability. Medical
4 treatment shall be consistent with the accepted standards of
5 medical practice in the community.
6 1. Medication shall be administered only at the
7 written order of a physician. Medication shall not be used as
8 punishment, for the convenience of staff, as a substitute for
9 implementation of an individual or family support plan or
10 behavior-analysis services behavior modification programming,
11 or in unnecessary or excessive quantities.
12 2. Daily notation of medication received by each
13 client in a residential facility shall be kept in the client's
14 record.
15 3. Periodically, but no less frequently than every 6
16 months, the drug regimen of each client in a residential
17 facility shall be reviewed by the attending physician or other
18 appropriate monitoring body, consistent with appropriate
19 standards of medical practice. All prescriptions shall have a
20 termination date.
21 4. When pharmacy services are provided at any
22 residential facility, such services shall be directed or
23 supervised by a professionally competent pharmacist licensed
24 according to the provisions of chapter 465.
25 5. Pharmacy services shall be delivered in accordance
26 with the provisions of chapter 465.
27 6. Prior to instituting a plan of experimental medical
28 treatment or carrying out any necessary surgical procedure,
29 express and informed consent shall be obtained from the
30 client, if competent, or the client's parent or legal
31 guardian. Information upon which the client shall make
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1 necessary treatment and surgery decisions shall include, but
2 not be limited to:
3 a. The nature and consequences of such procedures.
4 b. The risks, benefits, and purposes of such
5 procedures.
6 c. Alternate procedures available.
7 7. When the parent or legal guardian of the client is
8 unknown or unlocatable and the physician is unwilling to
9 perform surgery based solely on the client's consent, a court
10 of competent jurisdiction shall hold a hearing to determine
11 the appropriateness of the surgical procedure. The client
12 shall be physically present, unless the client's medical
13 condition precludes such presence, represented by counsel, and
14 provided the right and opportunity to be confronted with, and
15 to cross-examine, all witnesses alleging the appropriateness
16 of such procedure. In such proceedings, the burden of proof by
17 clear and convincing evidence shall be on the party alleging
18 the appropriateness of such procedures. The express and
19 informed consent of a person described in subparagraph 6. may
20 be withdrawn at any time, with or without cause, prior to
21 treatment or surgery.
22 8. The absence of express and informed consent
23 notwithstanding, a licensed and qualified physician may render
24 emergency medical care or treatment to any client who has been
25 injured or who is suffering from an acute illness, disease, or
26 condition if, within a reasonable degree of medical certainty,
27 delay in initiation of emergency medical care or treatment
28 would endanger the health of the client.
29 (d) Each client shall have access to individual
30 storage space for his or her private use.
31
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1 (e) Each client shall be provided with appropriate
2 physical exercise as prescribed in the client's individual or
3 family support plan. Indoor and outdoor facilities and
4 equipment for such physical exercise shall be provided.
5 (f) Each client shall receive humane discipline.
6 (g) A No client may not shall be subjected to a
7 treatment program to eliminate problematic bizarre or unusual
8 behaviors without first being examined by a physician who in
9 his or her best judgment determines that such behaviors are
10 not organically caused.
11 1. Treatment programs involving the use of noxious or
12 painful stimuli are shall be prohibited.
13 2. All alleged violations of this paragraph shall be
14 reported immediately to the chief administrator administrative
15 officer of the facility and or the district administrator, the
16 agency head, and the Florida local advocacy council. A
17 thorough investigation of each incident shall be conducted and
18 a written report of the finding and results of the such
19 investigation shall be submitted to the chief administrator
20 administrative officer of the facility or the district
21 administrator and to the agency head within 24 hours after of
22 the occurrence or discovery of the incident.
23 3. The agency shall adopt by rule a system for the
24 oversight of behavioral programs. The Such system shall
25 establish guidelines and procedures governing the design,
26 approval, implementation, and monitoring of all behavioral
27 programs involving clients. The system shall ensure statewide
28 and local review by committees of professionals certified as
29 behavior analysts pursuant to s. 393.17. No behavioral program
30 shall be implemented unless reviewed according to the rules
31 established by the agency under this section. Nothing stated
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1 in this section shall prohibit the review of programs by the
2 Florida statewide or local advocacy councils.
3 (h) Each client engaged in work programs which require
4 compliance with federal wage and hour laws shall be provided
5 with minimum wage protection and fair compensation for labor
6 in accordance with the federal wage-per-hour regulations.
7 (h)(i) Clients shall have the right to be free from
8 the unnecessary use of restraint or seclusion physical,
9 chemical, or mechanical restraint. Restraints shall be
10 employed only in emergencies or to protect the client or
11 others from imminent injury to himself or herself or others.
12 Restraints may shall not be employed as punishment, for the
13 convenience of staff, or as a substitute for a support
14 habilitative plan. Restraints shall impose the least possible
15 restrictions consistent with their purpose and shall be
16 removed when the emergency ends. Restraints shall not cause
17 physical injury to the client and shall be designed to allow
18 the greatest possible comfort.
19 1. Mechanical supports used in normative situations to
20 achieve proper body position and balance shall not be
21 considered restraints, but shall be prescriptively designed
22 and applied under the supervision of a qualified professional
23 with concern for principles of good body alignment,
24 circulation, and allowance for change of position.
25 2. Totally enclosed cribs and barred enclosures shall
26 be considered restraints.
27 1.3. Daily reports on the employment of restraint or
28 seclusion physical, chemical, or mechanical restraints by
29 those specialists authorized in the use of such restraints
30 shall be made to the appropriate chief administrator of the
31 facility or program licensed under this chapter, and a monthly
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1 compilation summary of such reports shall be relayed to the
2 agency's local area office district administrator and the
3 Florida local advocacy council. The monthly reports shall
4 summarize all such cases of restraints, the type used, the
5 duration of usage, and the reasons therefor. The area offices
6 Districts shall submit monthly summaries of these districtwide
7 quarterly reports of these summaries to the agency's central
8 office state Developmental Disabilities Program Office.
9 2.4. The agency shall adopt by rule standards and
10 procedures relating to the use of restraint and seclusion post
11 a copy of the rules adopted under this section in each living
12 unit of residential facilities. Such rules must be consistent
13 with recognized best practices; prohibit inherently dangerous
14 restraint or seclusion procedures; establish limitations on
15 the use and duration of restraint and seclusion; establish
16 measures to ensure the safety of clients and staff during an
17 incident of restraint or seclusion; establish procedures for
18 staff to follow before, during, and after incidents of
19 restraint or seclusion, including individualized plans for the
20 use of restraints or seclusion in emergency situations;
21 establish professional qualifications of and training for
22 staff who may order or be engaged in the use of restraint or
23 seclusion; establish requirements for facility data collection
24 and reporting relating to the use of restraint and seclusion;
25 and establish procedures relating to the documentation of the
26 use of restraint or seclusion in the client's facility or
27 program record. A copy of the rules adopted under this
28 subparagraph section shall be given to the client, parent,
29 guardian or guardian advocate, and all staff members of
30 licensed facilities and programs licensed under this chapter
31
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1 and made a part of all staff preservice and inservice training
2 programs.
3 (i)(j)1. Each client shall have a central record. The
4 central record shall be established by the agency at the time
5 that an individual is determined eligible for services, shall
6 be maintained by the client's support coordinator, and must
7 contain information include data pertaining to admission,
8 diagnosis and treatment history, present condition, and such
9 other information as may be required under rules of the
10 agency. The central record is the property of the agency.
11 1.2. Unless waived by the client, if competent, or the
12 client's parent or legal guardian if the client is
13 incompetent, the client's central record shall be confidential
14 and exempt from the provisions of s. 119.07(1), and no part of
15 it shall be released except:
16 a. The record may be released to physicians,
17 attorneys, and government agencies having need of the record
18 to aid the client, as designated by the client, if competent,
19 or the client's parent or legal guardian, if the client is
20 incompetent.
21 b. The record shall be produced in response to a
22 subpoena or released to persons authorized by order of court,
23 excluding matters privileged by other provisions of law.
24 c. The record or any part thereof may be disclosed to
25 a qualified researcher, a staff member of the facility where
26 the client resides, or an employee of the agency when the
27 administrator of the facility or the director of the agency
28 deems it necessary for the treatment of the client,
29 maintenance of adequate records, compilation of treatment
30 data, or evaluation of programs.
31
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1 d. Information from the records may be used for
2 statistical and research purposes if the information is
3 abstracted in such a way to protect the identity of
4 individuals.
5 3. All central records for each client in residential
6 facilities shall be kept on uniform forms distributed by the
7 agency. The central record shall accurately summarize each
8 client's history and present condition.
9 2.4. The client, if competent, or the client's parent
10 or legal guardian if the client is incompetent, shall be
11 supplied with a copy of the client's central record upon
12 request.
13 (j)(k) Each client residing in a residential facility
14 who is eligible to vote in public elections according to the
15 laws of the state has shall have the right to vote. Facilities
16 operators shall arrange the means to exercise the client's
17 right to vote.
18 (5) LIABILITY FOR VIOLATIONS.--Any person who violates
19 or abuses any rights or privileges of persons with
20 developmental disabilities who are developmentally disabled
21 provided by this chapter is act shall be liable for damages as
22 determined by law. Any person who acts in good faith
23 compliance with the provisions of this chapter is act shall be
24 immune from civil or criminal liability for actions in
25 connection with evaluation, admission, habilitative
26 programming, education, treatment, or discharge of a client.
27 However, this section does shall not relieve any person from
28 liability if the such person is guilty of negligence,
29 misfeasance, nonfeasance, or malfeasance.
30 (6) NOTICE OF RIGHTS.--Each person with developmental
31 disabilities, if competent, or parent or legal guardian of
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1 such person if the person is incompetent, shall promptly
2 receive from the agency or the Department of Education a
3 written copy of this act. Each person with developmental
4 disabilities able to comprehend shall be promptly informed, in
5 the language or other mode of communication which such person
6 understands, of the above legal rights of persons with
7 developmental disabilities.
8 (7) RESIDENT GOVERNMENT.--Each residential facility
9 providing services to clients who are desirous and capable of
10 participating shall initiate and develop a program of resident
11 government to hear the views and represent the interests of
12 all clients served by the facility. The resident government
13 shall be composed of residents elected by other residents,
14 staff advisers skilled in the administration of community
15 organizations, and, at the option of the resident government,
16 representatives of advocacy groups for persons with
17 developmental disabilities from the community a representative
18 of the Florida local advocacy council. The resident government
19 shall work closely with the Florida local advocacy council and
20 the district administrator to promote the interests and
21 welfare of all residents in the facility.
22 Section 30. Subsections (1), (2), (3), (4), and (5) of
23 section 393.135, Florida Statutes, are amended to read:
24 393.135 Sexual misconduct prohibited; reporting
25 required; penalties.--
26 (1) As used in this section, the term:
27 (a) "Covered person" "Employee" includes any employee,
28 paid staff member, volunteer, or intern of the agency or the
29 department; any person under contract with the agency or the
30 department; and any person providing care or support to a
31 client on behalf of the agency department or its providers.
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1 (b) "Sexual activity" means:
2 1. Fondling the genital area, groin, inner thighs,
3 buttocks, or breasts of a person.
4 2. The oral, anal, or vaginal penetration by or union
5 with the sexual organ of another or the anal or vaginal
6 penetration of another by any other object.
7 3. Intentionally touching in a lewd or lascivious
8 manner the breasts, genitals, the genital area, or buttocks,
9 or the clothing covering them, of a person, or forcing or
10 enticing a person to touch the perpetrator.
11 4. Intentionally masturbating in the presence of
12 another person.
13 5. Intentionally exposing the genitals in a lewd or
14 lascivious manner in the presence of another person.
15 6. Intentionally committing any other sexual act that
16 does not involve actual physical or sexual contact with the
17 victim, including, but not limited to, sadomasochistic abuse,
18 sexual bestiality, or the simulation of any act involving
19 sexual activity in the presence of a victim.
20 (c) "Sexual misconduct" means any sexual activity
21 between a covered person an employee and a client to whom a
22 covered person renders services, care, or support on behalf of
23 the agency or its providers, or between a covered person and
24 another client who lives in the same home as the client to
25 whom a covered person is rendering the services, care, or
26 support, regardless of the consent of the client. The term
27 does not include an act done for a bona fide medical purpose
28 or an internal search conducted in the lawful performance of
29 duty by a covered person an employee.
30
31
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1 (2) A covered person An employee who engages in sexual
2 misconduct with an individual with a developmental disability
3 who:
4 (a) Is in the custody of the department;
5 (a)(b) Resides in a residential facility, including
6 any comprehensive transitional education program,
7 developmental disabilities services institution, foster care
8 facility, group home facility, intermediate care facility for
9 the developmentally disabled, or residential habilitation
10 center; or
11 (b)(c) Is eligible to receive Receives services from
12 the agency under this chapter a family care program,
13
14 commits a felony of the second degree, punishable as provided
15 in s. 775.082, s. 775.083, or s. 775.084. A covered person An
16 employee may be found guilty of violating this subsection
17 without having committed the crime of sexual battery.
18 (3) The consent of the client to sexual activity is
19 not a defense to prosecution under this section.
20 (4) This section does not apply to a covered person an
21 employee who:
22 (a) is legally married to the client; or
23 (b) Has no reason to believe that the person with whom
24 the employee engaged in sexual misconduct is a client
25 receiving services as described in subsection (2).
26 (5) A covered person An employee who witnesses sexual
27 misconduct, or who otherwise knows or has reasonable cause to
28 suspect that a person has engaged in sexual misconduct, shall
29 immediately report the incident to the department's central
30 abuse hotline of the Department of Children and Family
31 Services and to the appropriate local law enforcement agency.
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1 The covered person Such employee shall also prepare, date, and
2 sign an independent report that specifically describes the
3 nature of the sexual misconduct, the location and time of the
4 incident, and the persons involved. The covered person
5 employee shall deliver the report to the supervisor or program
6 director, who is responsible for providing copies to the
7 agency's local office and the agency's department's inspector
8 general. The inspector general shall immediately conduct an
9 appropriate administrative investigation, and, if there is
10 probable cause to believe that sexual misconduct has occurred,
11 the inspector general shall notify the state attorney in the
12 circuit in which the incident occurred.
13 Section 31. Section 393.15, Florida Statutes, is
14 amended to read:
15 393.15 Legislative intent; Community Resources
16 Development Loan Program Trust Fund.--
17 (1) The Legislature finds and declares that the
18 development of community-based treatment facilities for
19 persons with developmental disabilities who are
20 developmentally disabled is desirable and recommended and
21 should be encouraged and fostered by the state. The
22 Legislature further recognizes that the development of such
23 facilities is financially difficult for private individuals,
24 due to initial expenditures required to adapt existing
25 structures to the special needs of such persons who are
26 developmentally disabled who may be served in community-based
27 foster care, group home, developmental training, and supported
28 employment programs. Therefore, it is the intent of the
29 Legislature intends that the agency by this act to develop and
30 administer a loan program trust fund to provide support and
31 encouragement in the establishment of community-based foster
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1 care, group home, developmental training, and supported
2 employment programs for persons with developmental
3 disabilities who are developmentally disabled.
4 (2) As used in this section, a foster care, group
5 home, developmental training, or supported employment program
6 may not be a for-profit corporation, but may be a nonprofit
7 corporation, partnership, or sole proprietorship.
8 (2)(3) There is created a Community Resources
9 Development Loan Program in Trust Fund in the State Treasury
10 to be used by the agency for the purpose of granting loans to
11 eligible programs for the initial costs of development of the
12 programs. In order to be eligible for the program, a foster
13 home, group home, or supported employment program must:
14 (a) Serve persons with developmental disabilities;
15 (b) Be a nonprofit corporation, partnership, or sole
16 proprietorship; and
17 (c) Be Loans shall be made only to those facilities
18 which are in compliance with the zoning regulations of the
19 local community.
20 (3) Loans may be made to pay for the costs of
21 development and may include structural modification, the
22 purchase of equipment and fire and safety devices,
23 preoperational staff training, and the purchase of insurance.
24 Such costs may shall not include the actual construction of a
25 facility and may not be in lieu of payment for maintenance,
26 client services, or care provided.
27 (4) The agency may grant to an eligible program a
28 lump-sum loan in one payment not to exceed the cost to the
29 program of providing 2 months' services, care, or maintenance
30 to each person with developmental disabilities who is
31 developmentally disabled to be placed in the program by the
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1 agency, or the actual cost of firesafety renovations to a
2 facility required by the state, whichever is greater. Loans
3 granted to programs shall not be in lieu of payment for
4 maintenance, services, or care provided, but shall stand
5 separate and distinct.
6 (5) The agency shall adopt rules, as provided in
7 chapter 120, to determine the criteria standards under which a
8 program shall be eligible to receive a loan as provided in
9 this section and the methodology criteria for the equitable
10 allocation of loan trust funds when eligible applications
11 exceed the funds available.
12 (6)(5) Any loan granted by the agency under this
13 section shall be repaid by the program within 5 years and the
14 amount paid shall be deposited into the agency's
15 Administrative Trust Fund. Moneys repaid shall be used to fund
16 new loans. A program that operates as a nonprofit corporation
17 meeting the requirements of s. 501(c)(3) of the Internal
18 Revenue Code, and that seeks forgiveness of its loan shall
19 submit to the agency an annual a statement setting forth the
20 service it has provided during the year together with such
21 other information as the agency by rule shall require, and,
22 upon approval of each such annual statement, the agency may
23 shall forgive up to 20 percent of the principal of any such
24 loan granted after June 30, 1975.
25 (7)(6) If any program that has received a loan under
26 this section ceases to accept, or provide care, services, or
27 maintenance to persons placed in the program by the
28 department, or if such program files papers of bankruptcy, at
29 that point in time the loan shall become an interest-bearing
30 loan at the rate of 5 percent per annum on the entire amount
31 of the initial loan which shall be repaid within a 1-year
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1 period from the date on which the program ceases to provide
2 care, services, or maintenance, or files papers in bankruptcy,
3 and the amount of the loan due plus interest shall constitute
4 a lien in favor of the state against all real and personal
5 property of the program. The lien shall be perfected by the
6 appropriate officer of the agency by executing and
7 acknowledging a statement of the name of the program and the
8 amount due on the loan and a copy of the promissory note,
9 which shall be recorded by the agency with the clerk of the
10 circuit court in the county wherein the program is located. If
11 the program has filed a petition for bankruptcy, the agency
12 shall file and enforce the lien in the bankruptcy proceedings.
13 Otherwise, the lien shall be enforced in the manner provided
14 in s. 85.011. All funds received by the agency from the
15 enforcement of the lien shall be deposited in the agency's
16 Administrative Community Resources Development Trust Fund and
17 used to fund new loans.
18 Section 32. Section 393.17, Florida Statutes, is
19 amended to read:
20 393.17 Behavioral programs; certification of behavior
21 analysts.--
22 (1) The agency may establish a certification process
23 for behavior analysts in order to ensure that only qualified
24 employees and service providers provide behavioral analysis
25 services to clients. The procedures must be established by
26 rule and must include criteria for scope of practice,
27 qualifications for certification, including training and
28 testing requirements, continuing education requirements for
29 ongoing certification, and standards of performance. The
30 procedures must also include decertification procedures that
31 may be used to determine whether an individual continues to
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1 meet the qualifications for certification or the professional
2 performance standards and, if not, the procedures necessary to
3 decertify an employee or service provider.
4 (2) The agency shall may recognize the certification
5 of behavior analysts awarded by a nonprofit corporation that
6 adheres to the national standards of boards that determine
7 professional credentials and whose mission is to meet
8 professional credentialing needs identified by behavior
9 analysts, state governments, and consumers of behavior
10 analysis services and whose work has the support of the
11 Association for Behavior Analysis International. The
12 certification procedure recognized by the agency must undergo
13 regular psychometric review and validation, pursuant to a job
14 analysis survey of the profession and standards established by
15 content experts in the field.
16 Section 33. Section 393.18, Florida Statutes, is
17 created to read:
18 393.18 Comprehensive transitional education
19 program.--A comprehensive transition education program is a
20 group of jointly operating centers or units, the collective
21 purpose of which is to provide a sequential series of
22 educational care, training, treatment, habilitation, and
23 rehabilitation services to persons who have developmental
24 disabilities and who have severe or moderate maladaptive
25 behaviors. However, this section does not require such
26 programs to provide services only to persons with
27 developmental disabilities. All such services shall be
28 temporary in nature and delivered in a structured residential
29 setting, having the primary goal of incorporating the
30 principle of self-determination in establishing permanent
31 residence for persons with maladaptive behaviors in facilities
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1 that are not associated with the comprehensive transitional
2 education program. The staff shall include behavior analysts
3 and teachers, as appropriate, who shall be available to
4 provide services in each component center or unit of the
5 program. A behavior analyst must be certified pursuant to s.
6 393.17.
7 (1) Comprehensive transitional education programs
8 shall include a minimum of two component centers or units, one
9 of which shall be an intensive treatment and educational
10 center or a transitional training and educational center,
11 which provides services to persons with maladaptive behaviors
12 in the following sequential order:
13 (a) Intensive treatment and educational center.--This
14 component is a self-contained residential unit providing
15 intensive behavioral and educational programming for persons
16 with severe maladaptive behaviors whose behaviors preclude
17 placement in a less-restrictive environment due to the threat
18 of danger or injury to themselves or others. Continuous-shift
19 staff shall be required for this component.
20 (b) Transitional training and educational
21 center.--This component is a residential unit for persons with
22 moderate maladaptive behaviors providing concentrated
23 psychological and educational programming that emphasizes a
24 transition toward a less-restrictive environment.
25 Continuous-shift staff shall be required for this component.
26 (c) Community transition residence.--This component is
27 a residential center providing educational programs and any
28 support services, training, and care that are needed to assist
29 persons with maladaptive behaviors to avoid regression to more
30 restrictive environments while preparing them for more
31
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1 independent living. Continuous-shift staff shall be required
2 for this component.
3 (d) Alternative living center.--This component is a
4 residential unit providing an educational and family living
5 environment for persons with maladaptive behaviors in a
6 moderately unrestricted setting. Residential staff shall be
7 required for this component.
8 (e) Independent living education center.--This
9 component is a facility providing a family living environment
10 for persons with maladaptive behaviors in a largely
11 unrestricted setting and includes education and monitoring
12 that is appropriate to support the development of independent
13 living skills.
14 (2) Components of a comprehensive transitional
15 education program are subject to the license issued under s.
16 393.067 to a comprehensive transitional education program and
17 may be located on a single site or multiple sites.
18 (3) Comprehensive transitional education programs
19 shall develop individual education plans for each person with
20 maladaptive behaviors who receives services from the program.
21 Each individual education plan shall be developed in
22 accordance with the criteria specified in 20 U.S.C. ss. 401 et
23 seq., and 34 C.F.R. part 300.
24 (4) The total number of persons with maladaptive
25 behaviors who are being provided with services in a
26 comprehensive transitional education program may not in any
27 instance exceed 120 residents.
28 (5) This section shall authorize licensure for
29 comprehensive transitional education programs which by July 1,
30 1989:
31 (a) Were in actual operation; or
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1 (b) Owned a fee simple interest in real property for
2 which a county or city government has approved zoning allowing
3 for the placement of the facilities described in this
4 subsection, and have registered an intent with the agency to
5 operate a comprehensive transitional education program.
6 However, nothing shall prohibit the assignment by such a
7 registrant to another entity at a different site within the
8 state, so long as there is compliance with all criteria of
9 this program and local zoning requirements and provided that
10 each residential facility within the component centers or
11 units of the program authorized under this subparagraph does
12 not exceed a capacity of 15 persons.
13 Section 34. Section 393.23, Florida Statutes, is
14 created to read:
15 393.23 Developmental disabilities institutions; trust
16 accounts.--All receipts from the operation of canteens,
17 vending machines, hobby shops, sheltered workshops, activity
18 centers, farming projects, and other like activities operated
19 in a developmental disabilities institution, and moneys
20 donated to the institution, must be deposited in a trust
21 account in any bank, credit union, or savings and loan
22 association authorized by the State Treasury as a qualified
23 depositor to do business in this state, if the moneys are
24 available on demand.
25 (1) Moneys in the trust account must be expended for
26 the benefit, education, and welfare of clients. However, if
27 specified, moneys that are donated to the institution must be
28 expended in accordance with the intentions of the donor. Trust
29 account money may not be used for the benefit of employees of
30 the agency, or to pay the wages of such employees. The welfare
31 of the clients includes the expenditure of funds for the
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1 purchase of items for resale at canteens or vending machines,
2 and for the establishment of, maintenance of, and operation of
3 canteens, hobby shops, recreational or entertainment
4 facilities, sheltered workshops, activity centers, farming
5 projects, or other like facilities or programs established at
6 the institutions for the benefit of clients.
7 (2) The institution may invest, in the manner
8 authorized by law for fiduciaries, any money in a trust
9 account which is not necessary for immediate use. The interest
10 earned and other increments derived from the investments of
11 the money must be deposited into the trust account for the
12 benefit of clients.
13 (3) The accounting system of an institution must
14 account separately for revenues and expenses for each
15 activity. The institution shall reconcile the trust account to
16 the institution's accounting system and check registers and to
17 the accounting system of the Chief Financial Officer.
18 (4) All sales taxes collected by the institution as a
19 result of sales shall be deposited into the trust account and
20 remitted to the Department of Revenue.
21 (5) Funds shall be expended in accordance with
22 requirements and guidelines established by the Chief Financial
23 Officer.
24 Section 35. Section 393.501, Florida Statutes, is
25 amended to read:
26 393.501 Rulemaking.--
27 (1) The agency may shall adopt rules pursuant to ss.
28 120.536(1) and 120.54 to carry out its statutory duties the
29 provisions of this chapter.
30 (2) Such rules shall address the number of facilities
31 on a single lot parcel or on adjacent lots parcels of land,
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1 and in addition, for ICF/MR, the rate and location of facility
2 development and level of care. In adopting rules, an
3 alternative living center and an independent living education
4 center, as described in s. 393.18, shall be subject to the
5 provisions of s. 419.001, except that such centers shall be
6 exempt from the 1,000-foot-radius requirement of s. 419.001(2)
7 if:
8 (a) The centers are located on a site zoned in a
9 manner that permits all the components of a comprehensive
10 transition education center to be located on the site; or
11 (b) There are no more than three such centers within a
12 radius of 1,000 feet.
13 Section 36. Section 394.453, Florida Statutes, is
14 amended to read:
15 394.453 Legislative intent.--It is the intent of the
16 Legislature to authorize and direct the Department of Children
17 and Family Services to evaluate, research, plan, and recommend
18 to the Governor and the Legislature programs designed to
19 reduce the occurrence, severity, duration, and disabling
20 aspects of mental, emotional, and behavioral disorders. It is
21 the intent of the Legislature that treatment programs for such
22 disorders shall include, but not be limited to, comprehensive
23 health, social, educational, and rehabilitative services to
24 persons requiring intensive short-term and continued treatment
25 in order to encourage them to assume responsibility for their
26 treatment and recovery. It is intended that such persons be
27 provided with emergency service and temporary detention for
28 evaluation when required; that they be admitted to treatment
29 facilities on a voluntary basis when extended or continuing
30 care is needed and unavailable in the community; that
31 involuntary placement be provided only when expert evaluation
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1 determines that it is necessary; that any involuntary
2 treatment or examination be accomplished in a setting which is
3 clinically appropriate and most likely to facilitate the
4 person's return to the community as soon as possible; and that
5 individual dignity and human rights be guaranteed to all
6 persons who are admitted to mental health facilities or who
7 are being held under s. 394.463. It is the further intent of
8 the Legislature that the least restrictive means of
9 intervention be employed based on the individual needs of each
10 person, within the scope of available services. It is the
11 policy of this state that the use of restraint and seclusion
12 on clients is justified only as an emergency safety measure to
13 be used in response to imminent danger to the client or
14 others. It is, therefore, the intent of the Legislature to
15 achieve an ongoing reduction in the use of restraint and
16 seclusion in programs and facilities serving persons with
17 mental illness.
18 Section 37. Present subsections (28) through (33) of
19 section 394.455, Florida Statutes, are redesignated as
20 subsections (30) through (35), respectively, and new
21 subsections (28) and (29) are added to that section, to read:
22 394.455 Definitions.--As used in this part, unless the
23 context clearly requires otherwise, the term:
24 (28)(a) "Restraint" means a physical device, method,
25 or drug used to control behavior. A physical restraint is any
26 manual method or physical or mechanical device, material, or
27 equipment attached or adjacent to the individual's body so
28 that he or she cannot easily remove the restraint and which
29 restricts freedom of movement or normal access to one's body.
30 (b) A drug used as a restraint is a medication used to
31 control the person's behavior or to restrict his or her
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1 freedom of movement and not part of the standard treatment
2 regimen of the person with a diagnosed mental illness who is a
3 client of the department. Physically holding a person during a
4 procedure to forcibly administer psychotropic medication is a
5 physical restraint.
6 (c) Restraint does not include physical devices, such
7 as orthopedically prescribed appliances, surgical dressings
8 and bandages, supportive body bands, or other physical holding
9 when necessary for routine physical examinations and tests; or
10 for purposes of orthopedic, surgical, or other similar medical
11 treatment; when used to provide support for the achievement of
12 functional body position or proper balance; or when used to
13 protect a person from falling out of bed.
14 (29) "Seclusion" means the physical segregation of a
15 person in any fashion or involuntary isolation of a person in
16 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 chapter, the term does not mean
21 isolation due to a person's medical condition or symptoms.
22 Section 38. Paragraph (b) of subsection (5) of section
23 394.457, Florida Statutes, is amended to read:
24 394.457 Operation and administration.--
25 (5) RULES.--
26 (b) The department shall adopt rules necessary for the
27 implementation and administration of the provisions of this
28 part, and a program subject to the provisions of this part
29 shall not be permitted to operate unless rules designed to
30 ensure the protection of the health, safety, and welfare of
31 the patients treated through such program have been adopted.
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1 Rules adopted under this subsection must include provisions
2 governing the use of restraint and seclusion which are
3 consistent with recognized best practices and professional
4 judgment; prohibit inherently dangerous restraint or seclusion
5 procedures; establish limitations on the use and duration of
6 restraint and seclusion; establish measures to ensure the
7 safety of program participants and staff during an incident of
8 restraint or seclusion; establish procedures for staff to
9 follow before, during, and after incidents of restraint or
10 seclusion; establish professional qualifications of and
11 training for staff who may order or be engaged in the use of
12 restraint or seclusion; and establish mandatory reporting,
13 data collection, and data dissemination procedures and
14 requirements. Rules adopted under this subsection must require
15 that each instance of the use of restraint or seclusion be
16 documented in the record of the patient.
17 Section 39. Paragraph (g) is added to subsection (1)
18 of section 394.879, Florida Statutes, to read:
19 394.879 Rules; enforcement.--
20 (1) The department, in consultation with the agency,
21 shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
22 implement the provisions of this chapter, including, at a
23 minimum, rules providing standards to ensure that:
24 (g) The use of restraint and seclusion is consistent
25 with recognized best practices and professional judgment; that
26 inherently dangerous restraint or seclusion procedures are
27 prohibited; that limitations are established on the use and
28 duration of restraint and seclusion; that measures are
29 established to ensure the safety of program participants and
30 staff during an incident of restraint or seclusion; that
31 procedures are created for staff to follow before, during, and
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1 after incidents of restraint or seclusion; that professional
2 qualifications and training are established for staff who may
3 order or be engaged in the use of restraint or seclusion; and
4 that mandatory reporting, data collection, and data
5 dissemination procedures and requirements are instituted.
6 Rules adopted under this section must require that any
7 instance of the use of restraint or seclusion shall be
8 documented in the record of the client.
9 Section 40. Subsection (9) of section 397.405, Florida
10 Statutes, is amended to read:
11 397.405 Exemptions from licensure.--The following are
12 exempt from the licensing provisions of this chapter:
13 (9) Facilities licensed under chapter 393 which s.
14 393.063 that, in addition to providing services to persons
15 with developmental disabilities who are developmentally
16 disabled as defined therein, also provide services to persons
17 developmentally at risk as a consequence of exposure to
18 alcohol or other legal or illegal drugs while in utero.
19
20 The exemptions from licensure in this section do not apply to
21 any service provider that receives an appropriation, grant, or
22 contract from the state to operate as a service provider as
23 defined in this chapter or to any substance abuse program
24 regulated pursuant to s. 397.406. Furthermore, this chapter
25 may not be construed to limit the practice of a physician
26 licensed under chapter 458 or chapter 459, a psychologist
27 licensed under chapter 490, or a psychotherapist licensed
28 under chapter 491 who provides substance abuse treatment, so
29 long as the physician, psychologist, or psychotherapist does
30 not represent to the public that he or she is a licensed
31 service provider and does not provide services to clients
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1 pursuant to part V of this chapter. Failure to comply with any
2 requirement necessary to maintain an exempt status under this
3 section is a misdemeanor of the first degree, punishable as
4 provided in s. 775.082 or s. 775.083.
5 Section 41. Subsection (13) of section 400.419,
6 Florida Statutes, is amended to read:
7 400.419 Violations; imposition of administrative
8 fines; grounds.--
9 (13) The agency shall develop and disseminate an
10 annual list of all facilities sanctioned or fined $5,000 or
11 more for violations of state standards, the number and class
12 of violations involved, the penalties imposed, and the current
13 status of cases. The list shall be disseminated, at no charge,
14 to the Department of Elderly Affairs, the Department of
15 Health, the Department of Children and Family Services, the
16 Agency for Persons with Disabilities, the area agencies on
17 aging, the Florida Statewide Advocacy Council, and the state
18 and local ombudsman councils. The Department of Children and
19 Family Services shall disseminate the list to service
20 providers under contract to the department who are responsible
21 for referring persons to a facility for residency. The agency
22 may charge a fee commensurate with the cost of printing and
23 postage to other interested parties requesting a copy of this
24 list.
25 Section 42. Section 400.960, Florida Statutes, is
26 amended to read:
27 400.960 Definitions.--As used in this part, the term:
28 (1) "Active treatment" means the provision of services
29 by an interdisciplinary team which are necessary to maximize a
30 client's individual independence or prevent regression or loss
31 of functional status.
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1 (2) "Agency" means the Agency for Health Care
2 Administration.
3 (3) "Autism" has the same meaning as in s. 393.063.
4 means a pervasive, neurologically based developmental
5 disability of extended duration which causes severe learning,
6 communication, and behavior disorders with age of onset during
7 infancy or childhood. Individuals with autism exhibit
8 impairment in reciprocal social interaction, impairment in
9 verbal and nonverbal communication and imaginative ability,
10 and a markedly restricted repertoire of activities and
11 interests.
12 (4) "Cerebral palsy" has the same meaning as in s.
13 393.063. means a group of disabling symptoms of extended
14 duration which results from damage to the developing brain
15 occurring before, during, or after birth and resulting in the
16 loss or impairment of control over voluntary muscles. The term
17 does not include those symptoms or impairments resulting
18 solely from a stroke.
19 (5) "Client" means any person determined by the Agency
20 for Persons with Disabilities department to be eligible for
21 developmental services.
22 (6) "Client advocate" means a friend or relative of
23 the client, or of the client's immediate family, who advocates
24 for the best interests of the client in any proceedings under
25 this part in which the client or his or her family has the
26 right or duty to participate.
27 (7) "Department" means the Department of Children and
28 Family Services.
29 (6)(8) "Developmental disability" has the same meaning
30 as in s. 393.063 means a disorder or syndrome that is
31 attributable to retardation, cerebral palsy, autism, spina
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1 bifida, or Prader-Willi syndrome and that constitutes a
2 substantial handicap that can reasonably be expected to
3 continue indefinitely.
4 (7)(9) "Direct service provider" means a person 18
5 years of age or older who has direct contact with individuals
6 with developmental disabilities and who is unrelated to the
7 individuals with developmental disabilities.
8 (10) "Epilepsy" means a chronic brain disorder of
9 various causes which is characterized by recurrent seizures
10 due to excessive discharge of cerebral neurons. When found
11 concurrently with retardation, autism, or cerebral palsy,
12 epilepsy is considered a secondary disability for which the
13 client is eligible to receive services to ameliorate this
14 condition according to the provisions of this part.
15 (11) "Guardian advocate" means a person appointed by
16 the circuit court to represent a person with developmental
17 disabilities in any proceedings brought pursuant to s. 393.12,
18 and is distinct from a guardian advocate for mentally ill
19 persons under chapter 394.
20 (8)(12) "Intermediate care facility for the
21 developmentally disabled" means a residential facility
22 licensed and certified in accordance with state law, and
23 certified by the Federal Government, pursuant to the Social
24 Security Act, as a provider of Medicaid services to persons
25 with developmental disabilities who are developmentally
26 disabled.
27 (9)(13) "Prader-Willi syndrome" has the same meaning
28 as in s. 393.063. means an inherited condition typified by
29 neonatal hypotonia with failure to thrive, hyperphagia, or an
30 excessive drive to eat which leads to obesity, usually at 18
31 to 36 months of age, mild to moderate retardation,
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1 hypogonadism, short stature, mild facial dysmorphism, and a
2 characteristic neurobehavior.
3 (10)(a) "Restraint" means a physical device, method,
4 or drug used to control behavior. A physical restraint is any
5 manual method or physical or mechanical device, material, or
6 equipment attached or adjacent to the individual's body so
7 that he or she cannot easily remove the restraint and which
8 restricts freedom of movement or normal access to one's body.
9 (b) A drug used as a restraint is a medication used to
10 control the person's behavior or to restrict his or her
11 freedom of movement. Physically holding a person during a
12 procedure to forcibly administer psychotropic medication is a
13 physical restraint.
14 (c) Restraint does not include physical devices, such
15 as orthopedically prescribed appliances, surgical dressings
16 and bandages, supportive body bands, or other physical holding
17 when necessary for routine physical examinations and tests;
18 for purposes of orthopedic, surgical, or other similar medical
19 treatment; when used to provide support for the achievement of
20 functional body position or proper balance; or when used to
21 protect a person from falling out of bed.
22 (11)(14) "Retardation" has the same meaning as in s.
23 393.063. means significantly subaverage general intellectual
24 functioning existing concurrently with deficits in adaptive
25 behavior and manifested during the period from conception to
26 age 18. "Significantly subaverage general intellectual
27 functioning," for the purpose of this definition, means
28 performance that is two or more standard deviations from the
29 mean score on a standardized intelligence test specified in
30 rules of the department. "Deficits in adaptive behavior," for
31 the purpose of this definition, means deficits in the
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1 effectiveness or degree with which an individual meets the
2 standards of personal independence and social responsibility
3 expected of his or her age, cultural group, and community.
4 (12) "Seclusion" means the physical segregation of a
5 person in any fashion or the involuntary isolation of a person
6 in a room or area from which the person is prevented from
7 leaving. The prevention may be by physical barrier or by a
8 staff member who is acting in a manner, or who is physically
9 situated, so as to prevent the person from leaving the room or
10 area. For purposes of this part, the term does not mean
11 isolation due to a person's medical condition or symptoms.
12 (13)(15) "Spina bifida" has the same meaning as in s.
13 393.063 means a medical diagnosis of spina bifida cystica or
14 myelomeningocele.
15 Section 43. Subsection (12) is added to section
16 400.962, Florida Statutes, to read:
17 400.962 License required; license application.--
18 (12) The applicant must agree to provide or arrange
19 for active treatment services by an interdisciplinary team to
20 maximize individual independence or prevent regression or loss
21 of functional status. Standards for active treatment shall be
22 adopted by the Agency for Health Care Administration by rule
23 pursuant to ss. 120.536(1) and 120.54. Active treatment
24 services shall be provided in accordance with the individual
25 support plan and shall be reimbursed as part of the per diem
26 rate as paid under the Medicaid program.
27 Section 44. Subsection (2) of section 400.967, Florida
28 Statutes, is amended to read:
29 400.967 Rules and classification of deficiencies.--
30 (2) Pursuant to the intention of the Legislature, the
31 agency, in consultation with the Agency for Persons with
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1 Disabilities Department of Children and Family Services and
2 the Department of Elderly Affairs, shall adopt and enforce
3 rules to administer this part, which shall include reasonable
4 and fair criteria governing:
5 (a) The location and construction of the facility;
6 including fire and life safety, plumbing, heating, cooling,
7 lighting, ventilation, and other housing conditions that will
8 ensure the health, safety, and comfort of residents. The
9 agency shall establish standards for facilities and equipment
10 to increase the extent to which new facilities and a new wing
11 or floor added to an existing facility after July 1, 2000, are
12 structurally capable of serving as shelters only for
13 residents, staff, and families of residents and staff, and
14 equipped to be self-supporting during and immediately
15 following disasters. The Agency for Health Care Administration
16 shall work with facilities licensed under this part and report
17 to the Governor and the Legislature by April 1, 2000, its
18 recommendations for cost-effective renovation standards to be
19 applied to existing facilities. In making such rules, the
20 agency shall be guided by criteria recommended by nationally
21 recognized, reputable professional groups and associations
22 having knowledge concerning such subject matters. The agency
23 shall update or revise such criteria as the need arises. All
24 facilities must comply with those lifesafety code requirements
25 and building code standards applicable at the time of approval
26 of their construction plans. The agency may require
27 alterations to a building if it determines that an existing
28 condition constitutes a distinct hazard to life, health, or
29 safety. The agency shall adopt fair and reasonable rules
30 setting forth conditions under which existing facilities
31 undergoing additions, alterations, conversions, renovations,
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1 or repairs are required to comply with the most recent updated
2 or revised standards.
3 (b) The number and qualifications of all personnel,
4 including management, medical nursing, and other personnel,
5 having responsibility for any part of the care given to
6 residents.
7 (c) All sanitary conditions within the facility and
8 its surroundings, including water supply, sewage disposal,
9 food handling, and general hygiene, which will ensure the
10 health and comfort of residents.
11 (d) The equipment essential to the health and welfare
12 of the residents.
13 (e) A uniform accounting system.
14 (f) The care, treatment, and maintenance of residents
15 and measurement of the quality and adequacy thereof.
16 (g) The preparation and annual update of a
17 comprehensive emergency management plan. The agency shall
18 adopt rules establishing minimum criteria for the plan after
19 consultation with the Department of Community Affairs. At a
20 minimum, the rules must provide for plan components that
21 address emergency evacuation transportation; adequate
22 sheltering arrangements; postdisaster activities, including
23 emergency power, food, and water; postdisaster transportation;
24 supplies; staffing; emergency equipment; individual
25 identification of residents and transfer of records; and
26 responding to family inquiries. The comprehensive emergency
27 management plan is subject to review and approval by the local
28 emergency management agency. During its review, the local
29 emergency management agency shall ensure that the following
30 agencies, at a minimum, are given the opportunity to review
31 the plan: the Department of Elderly Affairs, the Agency for
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1 Persons with Disabilities Department of Children and Family
2 Services, the Agency for Health Care Administration, and the
3 Department of Community Affairs. Also, appropriate volunteer
4 organizations must be given the opportunity to review the
5 plan. The local emergency management agency shall complete its
6 review within 60 days and either approve the plan or advise
7 the facility of necessary revisions.
8 (h) The posting of licenses. Each licensee shall post
9 its license in a prominent place that is in clear and
10 unobstructed public view at or near the place where residents
11 are being admitted to the facility.
12 (i) The use of restraint and seclusion. Such rules
13 must be consistent with recognized best practices; prohibit
14 inherently dangerous restraint or seclusion procedures;
15 establish limitations on the use and duration of restraint and
16 seclusion; establish measures to ensure the safety of clients
17 and staff during an incident of restraint or seclusion;
18 establish procedures for staff to follow before, during, and
19 after incidents of restraint or seclusion, including
20 individualized plans for the use of restraints or seclusion in
21 emergency situations; establish professional qualifications of
22 and training for staff who may order or be engaged in the use
23 of restraint or seclusion; establish requirements for facility
24 data collection and reporting relating to the use of restraint
25 and seclusion; and establish procedures relating to the
26 documentation of the use of restraint or seclusion in the
27 client's facility or program record.
28 Section 45. Section 402.115, Florida Statutes, is
29 amended to read:
30 402.115 Sharing confidential or exempt
31 information.--Notwithstanding any other provision of law to
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1 the contrary, the Department of Health, and the Department of
2 Children and Family Services, and the Agency for Persons with
3 Disabilities may share confidential information or information
4 exempt from disclosure under chapter 119 on any individual who
5 is or has been the subject of a program within the
6 jurisdiction of each agency. Information so exchanged remains
7 confidential or exempt as provided by law.
8 Section 46. Section 402.17, Florida Statutes, is
9 amended to read:
10 402.17 Claims for care and maintenance; trust
11 property.--The Department of Children and Family Services and
12 the Agency for Persons with Disabilities shall protect the
13 financial interest of the state with respect to claims that
14 which the state may have for the care and maintenance of
15 clients of the department or agency. The department or agency
16 shall, as trustee, hold in trust and administer money of
17 clients and property designated for the personal benefit of
18 clients. The department or agency shall act as trustee of
19 clients' money and property entrusted to it in accordance with
20 the usual fiduciary standards applicable generally to
21 trustees, and shall act to protect both the short-term and
22 long-term interests of the clients for whose benefit it is
23 holding such money and property.
24 (1) CLAIMS FOR CARE AND MAINTENANCE.--
25 (a) The department or agency shall perform the
26 following acts:
27 1. Receive and supervise the collection of sums due
28 the state.
29 2. Bring any court action necessary to collect any
30 claim the state may have against any client, former client,
31 guardian of any client or former client, executor or
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1 administrator of the client's estate, or any person against
2 whom any client or former client may have a claim.
3 3. Obtain a copy of any inventory or appraisal of the
4 client's property filed with any court.
5 4. Obtain from the department's Economic
6 Self-Sufficiency Services Program Office a financial status
7 report on any client or former client, including the ability
8 of third parties responsible for such client to pay all or
9 part of the cost of the client's care and maintenance.
10 5. Petition the court for appointment of a guardian or
11 administrator for an otherwise unrepresented client or former
12 client should the financial status report or other information
13 indicate the need for such action. The cost of any such action
14 shall be charged against the assets or estate of the client.
15 6. Represent the interest of the state in any
16 litigation in which a client or former client is a party.
17 7. File claims with any person, firm, or corporation
18 or with any federal, state, county, district, or municipal
19 agency on behalf of an unrepresented client.
20 8. Represent the state in the settlement of the
21 estates of deceased clients or in the settlement of estates in
22 which a client or a former client against whom the state may
23 have a claim has a financial interest.
24 9. Establish procedures by rule for the use of amounts
25 held in trust for the client to pay for the cost of care and
26 maintenance, if such amounts would otherwise cause the client
27 to become ineligible for services which are in the client's
28 best interests.
29 (b) The department or agency of Children and Family
30 Services may charge off accounts if it certifies that the
31 accounts are uncollectible after diligent efforts have been
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1 made to collect them. If the department certifies an account
2 to the Department of Financial Services, setting forth the
3 circumstances upon which it predicates the uncollectibility,
4 and if, pursuant to s. 17.04, the Department of Financial
5 Services concurs, the account shall be charged off.
6 (2) MONEY OR OTHER PROPERTY RECEIVED FOR PERSONAL USE
7 OR BENEFIT OF ANY CLIENT.--The department or agency shall
8 perform the following acts:
9 (a) Accept and administer in trust, as a trustee
10 having a fiduciary responsibility to a client of the
11 department, any money or other property received for personal
12 use or benefit of that client. In the case of children in the
13 legal custody of the department, following the termination of
14 the parental rights as to that client, until the child such
15 client leaves the legal custody of the department due to the
16 client's adoption or attaining because the client attains the
17 age of 18 or, in the case of children who are otherwise in the
18 custody of the department, the court having jurisdiction over
19 such child client shall have jurisdiction, upon application of
20 the department or other interested party, to review or approve
21 any extraordinary action of the department acting as trustee
22 as to the child's client's money or other property. When
23 directed by a court of competent jurisdiction, the department
24 may further hold money or property of a child person under the
25 age of 18 who has been in the care, custody, or control of the
26 department and who is the subject of a court proceeding during
27 the pendency of that proceeding.
28 (b) Deposit the money in banks qualified as state
29 depositories, or in any bank, credit union, or savings and
30 loan association authorized to do business in this state,
31 provided moneys so deposited or held by such institutions are
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1 fully insured by a federal depository or share insurance
2 program, or an approved state depository or share insurance
3 program, and are available on demand.
4 (c) Withdraw the money and use it to meet current
5 needs of clients. For purposes of this paragraph, "current
6 needs" includes payment of fees assessed under s. 402.33. The
7 amount of money withdrawn by the department to meet current
8 needs of a client shall take into account the need of the
9 department or agency, as the trustee of a client's money and
10 property, to provide for the long-term needs of a client,
11 including, but not limited to, ensuring that to provide for
12 the need of a client under the age of 18 will to have
13 sufficient financial resources available to be able to
14 function as an adult upon reaching the age of 18, meeting or
15 to meet the special needs of a client who has a disability and
16 whose special needs cannot otherwise be met by any form of
17 public assistance or family resources, or maintaining to
18 maintain the client's eligibility for public assistance,
19 including medical assistance, under state or federal law.
20 (d) As trustee, invest in the manner authorized by law
21 for fiduciaries money not used for current needs of clients.
22 Such investments may include, but shall not be limited to,
23 investments in savings share accounts of any credit union
24 chartered under the laws of the United States and doing
25 business in this state, and savings share accounts of any
26 credit union chartered under the laws of this state, provided
27 the credit union is insured under the federal share insurance
28 program or an approved state share insurance program.
29 (3) DEPOSIT OF FUNDS RECEIVED.--Funds received by the
30 Department of Children and Family Services in accordance with
31
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1 s. 402.33 shall be deposited into a trust fund for the
2 operation of the department.
3 (4) DISPOSITION OF UNCLAIMED TRUST FUNDS.--Upon the
4 death of any client affected by the provisions of this
5 section, any unclaimed money held in trust by the department,
6 the agency, or by the Chief Financial Officer for the child
7 him or her shall be applied first to the payment of any unpaid
8 claim of the state against the client, and any balance
9 remaining unclaimed for a period of 1 year shall escheat to
10 the state as unclaimed funds held by fiduciaries.
11 (5) LEGAL REPRESENTATION.--To the extent that the
12 budget will permit, the Department of Legal Affairs shall
13 furnish the legal services to carry out the provisions of this
14 section. Upon the request of the department or agency of
15 Children and Family Services, the various state and county
16 attorneys shall assist in litigation within their
17 jurisdiction. The Such department or agency may retain legal
18 counsel for necessary legal services which cannot be furnished
19 by the Department of Legal Affairs and the various state and
20 county attorneys.
21 (6) DEPOSIT OR INVESTMENT OF FUNDS OF CLIENTS.--
22 (a) The department or agency of Children and Family
23 Services may deposit any funds of clients in its possession in
24 any bank in the state or may invest or reinvest such funds in
25 bonds or obligations of the United States for the payment of
26 which the full faith and credit of the United States is
27 pledged. For purposes of deposit only, the funds of any client
28 may be mingled with the funds of any other clients.
29 (b) The interest or increment accruing on such funds
30 shall be the property of the clients and shall be used or
31 conserved for the personal use or benefit of the individual
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1 client, in accordance with the department's or agency's
2 fiduciary responsibility as a trustee for the money and
3 property of the client held by the department. Such interest
4 shall not accrue to the general welfare of all clients.
5 Whenever any proposed action of the department or agency,
6 acting in its own interest, may conflict with the department's
7 or agency's obligation as a trustee with a fiduciary
8 responsibility to the client, the department or agency shall
9 promptly present the matter to a court of competent
10 jurisdiction for the court's determination as to what action
11 the department or agency may take. The department or agency
12 shall establish rules governing reasonable fees by rule for
13 the cost of administering such accounts and for establishing
14 the minimum balance eligible to earn interest.
15 (7) DISPOSITION OF MONEY AND PROPERTY OF CLIENTS UPON
16 ATTAINING AGE 18 OR DISCHARGE FROM CARE, CUSTODY, CONTROL, OR
17 SERVICES OF THE DEPARTMENT.--
18 (a) Whenever a client of the department for whom the
19 department is holding money or property as a trustee attains
20 the age of 18, and thereby will no longer be in the legal
21 custody of the department, the department shall promptly
22 disburse such money and property of the client the department
23 has held as a trustee to that client, or as that client
24 directs, as soon as practicable once the client attains the
25 age of 18.
26 (b) Whenever a client of the department over the age
27 of 18 for whom the department is holding money or property as
28 a trustee no longer requires the care, custody, control, or
29 services of the department, the department shall promptly
30 disburse such money and property of the client the department
31
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1 has held as a trustee to that client, or as that client or a
2 court directs, as soon as practicable.
3 (c) When a client under the age of 18 who has been in
4 the legal custody, care, or control of the department and for
5 whom the department is holding money or property as a trustee
6 attains the age of 18 and has a physical or mental disability,
7 or is otherwise incapacitated or incompetent to handle that
8 client's own financial affairs, the department shall apply for
9 a court order from a court of competent jurisdiction to
10 establish a trust on behalf of that client. Where there is no
11 willing relative of the client acceptable to the court
12 available to serve as trustee of such proposed trust, the
13 court may enter an order authorizing the department to serve
14 as trustee of a separate trust under such terms and conditions
15 as the court determines appropriate to the circumstances.
16 (d) When a client under the age of 18 who has been in
17 the legal custody, care, or control of the department and for
18 whom the department is holding money or property as a trustee
19 leaves the care, custody, and control of the department due to
20 adoption or placement of the client with a relative, or as
21 otherwise directed by a court of competent jurisdiction, the
22 department shall notify that court of the existence of the
23 money and property in the possession of the department either
24 prior to, or promptly after, receiving knowledge of the change
25 of custody, care, or control. The department shall apply for
26 an order from the court exercising jurisdiction over the
27 client to direct the disposition of the money and property
28 belonging to that client. The court order may establish a
29 trust in which the money and property of the client will be
30 deposited, appoint a guardian of a property as to the money or
31 property of the client, or direct the creation of a Uniform
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1 Transfers Gifts to Minors Act account on behalf of that
2 client, as the court finds appropriate and under the terms and
3 conditions the court determines appropriate to the
4 circumstances.
5 Section 47. Section 402.181, Florida Statutes, is
6 amended to read:
7 402.181 State Institutions Claims Program.--
8 (1) There is created a State Institutions Claims
9 Program, for the purpose of making restitution for property
10 damages and direct medical expenses for injuries caused by
11 shelter children or foster children, or escapees, inmates, or
12 patients of state institutions under the Department of
13 Children and Family Services, the Department of Health, the
14 Department of Juvenile Justice, or the Department of
15 Corrections, or the Agency for Persons with Disabilities.
16 (2) Claims for restitution may be filed with the
17 Department of Legal Affairs at its office in accordance with
18 regulations prescribed by the Department of Legal Affairs. The
19 Department of Legal Affairs shall have full power and
20 authority to hear, investigate, and determine all questions in
21 respect to such claims and is authorized, within the limits of
22 current appropriations, to pay individual claims up to $1,000
23 or, with respect to children in foster care and their
24 families, individual claims up to $1,500. Claims in excess of
25 these amounts shall continue to require legislative approval.
26 (3)(a) The Department of Legal Affairs shall make or
27 cause to be made such investigations as it considers necessary
28 in respect to such claims. Hearings shall be held in
29 accordance with chapter 120.
30 (b) The Department of Legal Affairs shall work with
31 the Department of Children and Family Services, the Department
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1 of Health, the Department of Juvenile Justice, and the
2 Department of Corrections, and the Agency for Persons with
3 Disabilities to streamline the process of investigations,
4 hearings, and determinations with respect to claims under this
5 section, to ensure that eligible claimants receive restitution
6 within a reasonable time.
7 Section 48. Section 402.20, Florida Statutes, is
8 amended to read:
9 402.20 County contracts authorized for services and
10 facilities for in mental health and developmental disabilities
11 retardation areas.--The boards of county commissioners are
12 authorized to provide monetary grants and facilities, and to
13 enter into renewable contracts, for services and facilities,
14 for a period not to exceed 2 years, with public and private
15 hospitals, clinics, and laboratories; other state agencies,
16 departments, or divisions; the state colleges and
17 universities; the community colleges; private colleges and
18 universities; counties; municipalities; towns; townships; and
19 any other governmental unit or nonprofit organization which
20 provides needed facilities for persons with mental illness or
21 developmental disabilities the mentally ill or retarded. These
22 services are hereby declared to be for a public and county
23 purpose. The county commissioners may make periodic
24 inspections to assure that the services or facilities provided
25 under this chapter meet the standards of the Department of
26 Children and Family Services and the Agency for Persons with
27 Disabilities.
28 Section 49. Section 402.22, Florida Statutes, is
29 amended to read:
30 402.22 Education program for students who reside in
31 residential care facilities operated by the Department of
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1 Children and Family Services or the Agency for Persons with
2 Disabilities.--
3 (1)(a) The Legislature recognizes that the Department
4 of Children and Family Services and the Agency for Persons
5 with Disabilities have under their has under its residential
6 care students with critical problems of physical impairment,
7 emotional disturbance, mental impairment, and learning
8 impairment.
9 (b) The Legislature recognizes the vital role of
10 education in the rehabilitation of such students. It is the
11 intent of the Legislature that all such students benefit from
12 educational services and receive such services.
13 (c) It is the intent of the Legislature that
14 educational services be coordinated with appropriate and
15 existing diagnostic and evaluative, social, followup, and
16 other therapeutic services of the department and agency of
17 Children and Family Services so that the effect of the total
18 rehabilitation process is maximized.
19 (d) It is the intent of the Legislature that, as
20 educational programs for students in residential care
21 facilities are implemented by the district school board,
22 educational personnel in the Department of Children and Family
23 Services residential care facilities who meet the
24 qualifications for employees of the district school board be
25 employed by the district school board.
26 (2) District school boards shall establish educational
27 programs for all students ages 5 through 18 under the
28 residential care of the Department of Children and Family
29 Services and the Agency for Persons with Disabilities, and may
30 provide for students below age 3 as provided for in s.
31
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1 1003.21(1)(e). Funding of such programs shall be pursuant to
2 s. 1011.62.
3 (3) Notwithstanding any provisions of chapters 39,
4 393, 394, and 397 to the contrary, the services of the
5 Department of Children and Family Services and the Agency for
6 Persons with Disabilities and those of the Department of
7 Education and district school boards shall be mutually
8 supportive and complementary of each other. The education
9 programs provided by the district school board shall meet the
10 standards prescribed by the State Board of Education and the
11 district school board. Decisions regarding the design and
12 delivery of department or agency of Children and Family
13 Services treatment or habilitative services shall be made by
14 interdisciplinary teams of professional and paraprofessional
15 staff of which appropriate district school system
16 administrative and instructional personnel shall be invited to
17 be participating members. The requirements for maintenance of
18 confidentiality as prescribed in chapters 39, 393, 394, and
19 397 shall be applied to information used by such
20 interdisciplinary teams, and such information shall be exempt
21 from the provisions of ss. 119.07(1) and 286.011.
22 (4) Students age 18 and under who are under the
23 residential care of the Department of Children and Family
24 Services or the Agency for Persons with Disabilities and who
25 receive an education program shall be calculated as full-time
26 equivalent student membership in the appropriate cost factor
27 as provided for in s. 1011.62(1)(c). Residential care
28 facilities of the Department of Children and Family Services
29 shall include, but not be limited to, developmental
30 disabilities services institutions and state mental health
31 facilities. All students shall receive their education program
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1 from the district school system, and funding shall be
2 allocated through the Florida Education Finance Program for
3 the district school system.
4 (5) Instructional and special educational services
5 that which are provided to mental health and retardation
6 clients with mental illness or developmental disabilities of
7 the department's or agency's in the Department of Children and
8 Family Services residential care facilities by local school
9 districts shall not be less than 180 days or 900 hours;
10 however, the 900 hours may be distributed over a 12-month
11 period, unless otherwise stated in rules developed by the
12 State Board of Education, with the concurrence of the
13 department or agency and adopted of Children and Family
14 Services promulgated pursuant to subsection (6).
15 (6) The State Board of Education, and the Department
16 of Children and Family Services, and the Agency for Persons
17 with Disabilities may adopt shall have the authority to
18 promulgate rules to which shall assist in the orderly transfer
19 of the instruction of students from department or agency
20 Department of Children and Family Services residential care
21 facilities to the district school system or to the public
22 education agency and which shall assist in implementing the
23 specific intent as stated in this act.
24 (7) Notwithstanding the provisions of s.
25 1001.42(4)(n), the educational program at the Marianna Sunland
26 Center in Jackson County shall be operated by the Department
27 of Education, either directly or through grants or contractual
28 agreements with other public educational agencies. The annual
29 state allocation to any such agency shall be computed pursuant
30 to s. 1011.62(1), (2), and (5) and allocated in the amount
31
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1 that would have been provided the local school district in
2 which the residential facility is located.
3 Section 50. Paragraph (c) of subsection (1) and
4 subsection (2) of section 402.33, Florida Statutes, are
5 amended to read:
6 402.33 Department authority to charge fees for
7 services provided.--
8 (1) As used in this section, the term:
9 (c) "Department" means the Department of Children and
10 Family Services, and the Department of Health, and the Agency
11 for Persons with Disabilities.
12 (2) The department, in accordance with rules
13 established by it, shall either charge, assess, or collect, or
14 cause to be charged, assessed, or collected, fees for any
15 service it provides to its clients either directly or through
16 its agencies or contractors, except for:
17 (a) Diagnosis and evaluation procedures necessary to
18 determine the client's eligibility and need for services
19 provided by the department;
20 (b) Customary and routine information and referral
21 services;
22 (c) Educational services provided in lieu of public
23 education;
24 (d) Specific services exempted by law from fee
25 assessment;
26 (e) Emergency shelter or emergency detention care and
27 custody prior to a detention hearing under chapter 39;
28 (f) Specific classes or types of services provided in
29 programs funded by grants, donations, or contracts that
30 prohibit charging fees;
31
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1 (g) Developmental disability services provided under
2 chapter 393 to any person who is determined to be eligible for
3 such services by the department and whose earned income falls
4 below the federal Health and Human Services Poverty
5 Guidelines, unless such fees are collected from third-party
6 benefits and benefit payments; or
7 (h) Any type of service for which the department
8 determines that the net estimated revenue from such fees after
9 deducting any loss of funds from federal grants occasioned by
10 such fees will be less than the estimated cost to charge and
11 collect such fees.
12
13 Fees, other than third-party benefits and benefit payments,
14 may not be charged for services provided to indigents whose
15 only sources of income are from state and federal aid. In
16 addition, fees may not be charged parents of a minor client
17 for services requested by the minor without parental consent
18 or for services provided a minor client who has been
19 permanently committed to the care and custody of the
20 department with parental rights permanently severed. However,
21 lack of parental consent does not preclude the charging of
22 fees established under chapter 39. The department may not
23 require A client who is receiving wages that which are below
24 the minimum wage under the federal Fair Labor Standards Act
25 may not be required to pay fees from such wages. Voluntary
26 payments for services must be encouraged.
27 Section 51. Paragraphs (r) and (s) of subsection (3)
28 of section 408.036, Florida Statutes, are amended to read:
29 408.036 Projects subject to review; exemptions.--
30
31
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1 (3) EXEMPTIONS.--Upon request, the following projects
2 are subject to exemption from the provisions of subsection
3 (1):
4 (r) For beds in state mental health treatment
5 facilities operated under s. 394.455(32)(30) and state mental
6 health forensic facilities operated under s. 916.106(8).
7 (s) For beds in state developmental disabilities
8 services institutions as defined in s. 393.063.
9 Section 52. Paragraphs (a), (j), and (k) of subsection
10 (4) of section 409.221, Florida Statutes, are amended to read:
11 409.221 Consumer-directed care program.--
12 (4) CONSUMER-DIRECTED CARE.--
13 (a) Program established.--The Agency for Health Care
14 Administration shall establish the consumer-directed care
15 program which shall be based on the principles of consumer
16 choice and control. The agency shall implement the program
17 upon federal approval. The agency shall establish interagency
18 cooperative agreements with and shall work with the
19 Departments of Elderly Affairs, Health, and Children and
20 Family Services and the Agency for Persons with Disabilities
21 to implement and administer the program. The program shall
22 allow enrolled persons to choose the providers of services and
23 to direct the delivery of services, to best meet their
24 long-term care needs. The program must operate within the
25 funds appropriated by the Legislature.
26 (j) Rules; federal waivers.--In order to implement
27 this section:
28 1. The agency and the Departments of Elderly Affairs,
29 Health, and Children and Family Services and the Agency for
30 Persons with Disabilities are authorized to adopt and enforce
31 rules.
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1 2. The agency shall take all necessary action to
2 ensure state compliance with federal regulations. The agency
3 shall apply for any necessary federal waivers or waiver
4 amendments needed to implement the program.
5 (k) Reviews and reports.--The agency and the
6 Departments of Elderly Affairs, Health, and Children and
7 Family Services and the Agency for Persons with Disabilities
8 shall each, on an ongoing basis, review and assess the
9 implementation of the consumer-directed care program. By
10 January 15 of each year, the agency shall submit a written
11 report to the Legislature that includes each department's
12 review of the program and contains recommendations for
13 improvements to the program.
14 Section 53. Paragraph (a) of subsection (2) and
15 subsection (8) of section 409.908, Florida Statutes, are
16 amended to read:
17 409.908 Reimbursement of Medicaid providers.--Subject
18 to specific appropriations, the agency shall reimburse
19 Medicaid providers, in accordance with state and federal law,
20 according to methodologies set forth in the rules of the
21 agency and in policy manuals and handbooks incorporated by
22 reference therein. These methodologies may include fee
23 schedules, reimbursement methods based on cost reporting,
24 negotiated fees, competitive bidding pursuant to s. 287.057,
25 and other mechanisms the agency considers efficient and
26 effective for purchasing services or goods on behalf of
27 recipients. If a provider is reimbursed based on cost
28 reporting and submits a cost report late and that cost report
29 would have been used to set a lower reimbursement rate for a
30 rate semester, then the provider's rate for that semester
31 shall be retroactively calculated using the new cost report,
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1 and full payment at the recalculated rate shall be effected
2 retroactively. Medicare-granted extensions for filing cost
3 reports, if applicable, shall also apply to Medicaid cost
4 reports. Payment for Medicaid compensable services made on
5 behalf of Medicaid eligible persons is subject to the
6 availability of moneys and any limitations or directions
7 provided for in the General Appropriations Act or chapter 216.
8 Further, nothing in this section shall be construed to prevent
9 or limit the agency from adjusting fees, reimbursement rates,
10 lengths of stay, number of visits, or number of services, or
11 making any other adjustments necessary to comply with the
12 availability of moneys and any limitations or directions
13 provided for in the General Appropriations Act, provided the
14 adjustment is consistent with legislative intent.
15 (2)(a)1. Reimbursement to nursing homes licensed under
16 part II of chapter 400 and state-owned-and-operated
17 intermediate care facilities for the developmentally disabled
18 licensed under part XI of chapter 400 chapter 393 must be made
19 prospectively.
20 2. Unless otherwise limited or directed in the General
21 Appropriations Act, reimbursement to hospitals licensed under
22 part I of chapter 395 for the provision of swing-bed nursing
23 home services must be made on the basis of the average
24 statewide nursing home payment, and reimbursement to a
25 hospital licensed under part I of chapter 395 for the
26 provision of skilled nursing services must be made on the
27 basis of the average nursing home payment for those services
28 in the county in which the hospital is located. When a
29 hospital is located in a county that does not have any
30 community nursing homes, reimbursement shall must be
31 determined by averaging the nursing home payments, in counties
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1 that surround the county in which the hospital is located.
2 Reimbursement to hospitals, including Medicaid payment of
3 Medicare copayments, for skilled nursing services shall be
4 limited to 30 days, unless a prior authorization has been
5 obtained from the agency. Medicaid reimbursement may be
6 extended by the agency beyond 30 days, and approval must be
7 based upon verification by the patient's physician that the
8 patient requires short-term rehabilitative and recuperative
9 services only, in which case an extension of no more than 15
10 days may be approved. Reimbursement to a hospital licensed
11 under part I of chapter 395 for the temporary provision of
12 skilled nursing services to nursing home residents who have
13 been displaced as the result of a natural disaster or other
14 emergency may not exceed the average county nursing home
15 payment for those services in the county in which the hospital
16 is located and is limited to the period of time which the
17 agency considers necessary for continued placement of the
18 nursing home residents in the hospital.
19 (8) A provider of home-based or community-based
20 services rendered pursuant to a federally approved waiver
21 shall be reimbursed based on an established or negotiated rate
22 for each service. These rates shall be established according
23 to an analysis of the expenditure history and prospective
24 budget developed by each contract provider participating in
25 the waiver program, or under any other methodology adopted by
26 the agency and approved by the Federal Government in
27 accordance with the waiver. Effective July 1, 1996, Privately
28 owned and operated community-based residential facilities
29 which meet agency requirements and which formerly received
30 Medicaid reimbursement for the optional intermediate care
31 facility for the mentally retarded service may participate in
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1 the developmental services waiver as part of a
2 home-and-community-based continuum of care for Medicaid
3 recipients who receive waiver services.
4 Section 54. Subsection (3) of section 409.9127,
5 Florida Statutes, is amended to read:
6 409.9127 Preauthorization and concurrent utilization
7 review; conflict-of-interest standards.--
8 (3) The agency shall help the Agency for Persons with
9 Disabilities Department of Children and Family Services meet
10 the requirements of s. 393.065(4). Only admissions approved
11 pursuant to such assessments are eligible for reimbursement
12 under this chapter.
13 Section 55. Paragraph (c) of subsection (2) and
14 subsection (5) of section 411.224, Florida Statutes, are
15 amended to read:
16 411.224 Family support planning process.--The
17 Legislature establishes a family support planning process to
18 be used by the Department of Children and Family Services as
19 the service planning process for targeted individuals,
20 children, and families under its purview.
21 (2) To the extent possible within existing resources,
22 the following populations must be included in the family
23 support planning process:
24 (c) Children from age 3 birth through age 5 who are
25 served by the Agency for Persons with Disabilities
26 Developmental Disabilities Program Office of the Department of
27 Children and Family Services.
28 (5) There must be only a single-family support plan to
29 address the problems of the various family members unless the
30 family requests that an individual family support plan be
31 developed for different members of that family. The family
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1 support plan must replace individual habilitation plans for
2 children from 3 birth through 5 years old who are served by
3 the Agency for Persons with Disabilities Developmental
4 Disabilities Program Office of the Department of Children and
5 Family Services. To the extent possible, the family support
6 plan must replace other case-planning forms used by the
7 Department of Children and Family Services.
8 Section 56. Subsection (4) of section 411.232, Florida
9 Statutes, is amended to read:
10 411.232 Children's Early Investment Program.--
11 (4) RULES FOR IMPLEMENTATION.--The Department of
12 Health and Rehabilitative Services shall adopt rules necessary
13 to implement this section.
14 Section 57. Subsection (8) of section 415.102, Florida
15 Statutes, is amended to read:
16 415.102 Definitions of terms used in ss.
17 415.101-415.113.--As used in ss. 415.101-415.113, the term:
18 (8) "Facility" means any location providing day or
19 residential care or treatment for vulnerable adults. The term
20 "facility" may include, but is not limited to, any hospital,
21 state institution, nursing home, assisted living facility,
22 adult family-care home, adult day care center, residential
23 facility licensed under chapter 393, adult day training center
24 group home, or mental health treatment center.
25 Section 58. Section 415.1035, Florida Statutes, is
26 amended to read:
27 415.1035 Facility's duty to inform residents of their
28 right to report abusive, neglectful, or exploitive
29 practices.--The department shall work cooperatively with the
30 Agency for Health Care Administration, the Agency for Persons
31 with Disabilities, and the Department of Elderly Affairs to
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1 ensure that every facility that serves vulnerable adults
2 informs residents of their right to report abusive,
3 neglectful, or exploitive practices. Each facility must
4 establish appropriate policies and procedures to facilitate
5 such reporting.
6 Section 59. Subsections (1) and (10) of section
7 415.1055, Florida Statutes, are amended to read:
8 415.1055 Notification to administrative entities.--
9 (1) Upon receipt of a report that alleges that an
10 employee or agent of the department, the Agency for Persons
11 with Disabilities, or the Department of Elderly Affairs,
12 acting in an official capacity, has committed an act of abuse,
13 neglect, or exploitation, the department shall notify the
14 state attorney in whose circuit the abuse, neglect, or
15 exploitation occurred. This notification may be oral or
16 written.
17 (10) When a report has been received and the
18 department has reason to believe that a vulnerable adult
19 resident of a facility licensed by the Agency for Health Care
20 Administration or the Agency for Persons with Disabilities has
21 been the victim of abuse, neglect, or exploitation, the
22 department shall provide a copy of its investigation to the
23 appropriate agency. If the investigation determines that a
24 health professional licensed or certified under the Department
25 of Health may have abused, neglected, or exploited a
26 vulnerable adult, the department shall also provide a copy to
27 the Department of Health.
28 Section 60. Paragraphs (a) and (h) of subsection (3)
29 of section 415.107, Florida Statutes, are amended to read:
30 415.107 Confidentiality of reports and records.--
31
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1 (3) Access to all records, excluding the name of the
2 reporter which shall be released only as provided in
3 subsection (6), shall be granted only to the following
4 persons, officials, and agencies:
5 (a) Employees or agents of the department, the Agency
6 for Persons with Disabilities, of the Agency for Health Care
7 Administration, or of the Department of Elderly Affairs who
8 are responsible for carrying out protective investigations,
9 ongoing protective services, or licensure or approval of
10 nursing homes, assisted living facilities, adult day care
11 centers, adult family-care homes, home care for the elderly,
12 hospices, residential facilities licensed under chapter 393,
13 or other facilities used for the placement of vulnerable
14 adults.
15 (h) Any appropriate official of the department, the
16 Agency for Persons with Disabilities, of the Agency for Health
17 Care Administration, or of the Department of Elderly Affairs
18 who is responsible for:
19 1. Administration or supervision of the programs for
20 the prevention, investigation, or treatment of abuse, neglect,
21 or exploitation of vulnerable adults when carrying out an
22 official function; or
23 2. Taking appropriate administrative action concerning
24 an employee alleged to have perpetrated abuse, neglect, or
25 exploitation of a vulnerable adult in an institution.
26 Section 61. Paragraph (a) of subsection (3) of section
27 435.03, Florida Statutes, is amended to read:
28 435.03 Level 1 screening standards.--
29 (3) Standards must also ensure that the person:
30 (a) For employees and employers licensed or registered
31 pursuant to chapter 400, and for employees and employers of
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1 developmental disabilities services institutions as defined in
2 s. 393.063, intermediate care facilities for the
3 developmentally disabled as defined in s. 400.960 s. 393.063,
4 and mental health treatment facilities as defined in s.
5 394.455, meets the requirements of this chapter.
6 Section 62. Paragraph (a) of subsection (2) of section
7 490.014, Florida Statutes, is amended to read:
8 490.014 Exemptions.--
9 (2) No person shall be required to be licensed or
10 provisionally licensed under this chapter who:
11 (a) Is a salaried employee of a government agency;
12 developmental disability facility or services program, mental
13 health, alcohol, or drug abuse facility operating under
14 pursuant to chapter 393, chapter 394, or chapter 397;
15 subsidized child care program, subsidized child care case
16 management program, or child care resource and referral
17 program operating pursuant to chapter 402; child-placing or
18 child-caring agency licensed pursuant to chapter 409; domestic
19 violence center certified pursuant to chapter 39; accredited
20 academic institution; or research institution, if such
21 employee is performing duties for which he or she was trained
22 and hired solely within the confines of such agency, facility,
23 or institution, so long as the employee is not held out to the
24 public as a psychologist pursuant to s. 490.012(1)(a).
25 Section 63. Paragraph (a) of subsection (4) of section
26 491.014, Florida Statutes, is amended to read:
27 491.014 Exemptions.--
28 (4) No person shall be required to be licensed,
29 provisionally licensed, registered, or certified under this
30 chapter who:
31
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1 (a) Is a salaried employee of a government agency;
2 developmental disability facility or services program, mental
3 health, alcohol, or drug abuse facility operating under
4 pursuant to chapter 393, chapter 394, or chapter 397;
5 subsidized child care program, subsidized child care case
6 management program, or child care resource and referral
7 program operating pursuant to chapter 402; child-placing or
8 child-caring agency licensed pursuant to chapter 409; domestic
9 violence center certified pursuant to chapter 39; accredited
10 academic institution; or research institution, if such
11 employee is performing duties for which he or she was trained
12 and hired solely within the confines of such agency, facility,
13 or institution, so long as the employee is not held out to the
14 public as a clinical social worker, mental health counselor,
15 or marriage and family therapist.
16 Section 64. Section 944.602, Florida Statutes, is
17 amended to read:
18 944.602 Agency notification of Department of Children
19 and Family Services before release of mentally retarded
20 inmates.--Before the release by parole, release by reason of
21 gain-time allowances provided for in s. 944.291, or expiration
22 of sentence of any inmate who has been diagnosed as mentally
23 retarded as defined in s. 393.063, the Department of
24 Corrections shall notify the Agency for Persons with
25 Disabilities Department of Children and Family Services in
26 order that sufficient time be allowed to notify the inmate or
27 the inmate's representative, in writing, at least 7 days prior
28 to the inmate's release, of available community services.
29 Section 65. Subsections (2) and (3) of section
30 945.025, Florida Statutes, are amended to read:
31 945.025 Jurisdiction of department.--
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1 (2) In establishing, operating, and utilizing these
2 facilities, the department shall attempt, whenever possible,
3 to avoid the placement of nondangerous offenders who have
4 potential for rehabilitation with repeat offenders or
5 dangerous offenders. Medical, mental, and psychological
6 problems shall be diagnosed and treated whenever possible. The
7 Department of Children and Family Services and the Agency for
8 Persons with Disabilities shall cooperate to ensure the
9 delivery of services to persons under the custody or
10 supervision of the department. When it is the intent of the
11 department to transfer a mentally ill or retarded prisoner to
12 the Department of Children and Family Services or the Agency
13 for Persons with Disabilities, an involuntary commitment
14 hearing shall be held according to the provisions of chapter
15 393 or chapter 394.
16 (3) There shall be other correctional facilities,
17 including detention facilities of varying levels of security,
18 work-release facilities, and community correctional
19 facilities, halfway houses, and other approved community
20 residential and nonresidential facilities and programs;
21 however, no adult correctional facility may be established by
22 changing the use and purpose of any mental health facility or
23 mental health institution under the jurisdiction of any state
24 agency or department without authorization in the General
25 Appropriation Act or other approval by the Legislature. Any
26 facility the purpose and use of which was changed subsequent
27 to January 1, 1975, shall be returned to its original use and
28 purpose by July 1, 1977. However, the G. Pierce Wood Memorial
29 Hospital located at Arcadia, DeSoto County, may not be
30 converted into a correctional facility as long as such
31 hospital is in use as a state mental health hospital. Any
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1 community residential facility may be deemed a part of the
2 state correctional system for purposes of maintaining custody
3 of offenders, and for this purpose the department may contract
4 for and purchase the services of such facilities.
5 Section 66. Section 947.185, Florida Statutes, is
6 amended to read:
7 947.185 Application for mental retardation services as
8 condition of parole.--The Parole Commission may require as a
9 condition of parole that any inmate who has been diagnosed as
10 mentally retarded as defined in s. 393.063 shall, upon
11 release, apply for retardation services from the Agency for
12 Persons with Disabilities Department of Children and Family
13 Services.
14 Section 67. Subsection (1) of section 985.224, Florida
15 Statutes, is amended to read:
16 985.224 Medical, psychiatric, psychological, substance
17 abuse, and educational examination and treatment.--
18 (1) After a detention petition or a petition for
19 delinquency has been filed, the court may order the child
20 named in the petition to be examined by a physician. The court
21 may also order the child to be evaluated by a psychiatrist or
22 a psychologist, by a district school board educational needs
23 assessment team, or, if a developmental disability is
24 suspected or alleged, by a the developmental disabilities
25 diagnostic and evaluation team with of the Agency for Persons
26 with Disabilities Department of Children and Family Services.
27 If it is necessary to place a child in a residential facility
28 for such evaluation, the criteria and procedures established
29 in chapter 393, chapter 394, or chapter 397, whichever is
30 applicable, shall be used.
31
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1 Section 68. Section 1003.58, Florida Statutes, is
2 amended to read:
3 1003.58 Students in residential care facilities.--Each
4 district school board shall provide educational programs
5 according to rules of the State Board of Education to students
6 who reside in residential care facilities operated by the
7 Department of Children and Family Services or the Agency for
8 Persons with Disabilities.
9 (1) The district school board shall not be charged any
10 rent, maintenance, utilities, or overhead on such facilities.
11 Maintenance, repairs, and remodeling of existing facilities
12 shall be provided by the Department of Children and Family
13 Services or the Agency for Persons with Disabilities, as
14 appropriate.
15 (2) If additional facilities are required, the
16 district school board and the Department of Children and
17 Family Services or the Agency for Persons with Disabilities,
18 as appropriate, shall agree on the appropriate site based on
19 the instructional needs of the students. When the most
20 appropriate site for instruction is on district school board
21 property, a special capital outlay request shall be made by
22 the commissioner in accordance with s. 1013.60. When the most
23 appropriate site is on state property, state capital outlay
24 funds shall be requested by the department or agency in
25 accordance with chapter 216 of Children and Family Services as
26 provided by s. 216.043 and shall be submitted as specified by
27 s. 216.023. Any instructional facility to be built on state
28 property shall have educational specifications jointly
29 developed by the school district and the department or agency
30 of Children and Family Services and approved by the Department
31 of Education. The size of space and occupant design capacity
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1 criteria as provided by state board rules shall be used for
2 remodeling or new construction whether facilities are provided
3 on state property or district school board property. The
4 planning of such additional facilities shall incorporate
5 current state Department of Children and Family Services
6 deinstitutionalization goals and plans.
7 (3) The district school board shall have full and
8 complete authority in the matter of the assignment and
9 placement of such students in educational programs. The parent
10 of an exceptional student shall have the same due process
11 rights as are provided under s. 1003.57(5).
12 (4) The district school board shall have a written
13 agreement with the Department of Children and Family Services
14 and the Agency for Persons with Disabilities outlining the
15 respective duties and responsibilities of each party.
16
17 Notwithstanding the provisions herein, the educational program
18 at the Marianna Sunland Center in Jackson County shall be
19 operated by the Department of Education, either directly or
20 through grants or contractual agreements with other public or
21 duly accredited educational agencies approved by the
22 Department of Education.
23 Section 69. Paragraph (c) of subsection (3) of section
24 17.61, Florida Statutes, is amended to read:
25 17.61 Chief Financial Officer; powers and duties in
26 the investment of certain funds.--
27 (3)
28 (c) Except as provided in this paragraph and except
29 for moneys described in paragraph (d), the following agencies
30 shall not invest trust fund moneys as provided in this
31 section, but shall retain such moneys in their respective
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1 trust funds for investment, with interest appropriated to the
2 General Revenue Fund, pursuant to s. 17.57:
3 1. The Agency for Health Care Administration, except
4 for the Tobacco Settlement Trust Fund.
5 2. The Agency for Persons with Disabilities, except
6 for:
7 a. The Federal Grants Trust Fund.
8 b. The Tobacco Settlement Trust Fund.
9 3.2. The Department of Children and Family Services,
10 except for:
11 a. The Alcohol, Drug Abuse, and Mental Health Trust
12 Fund.
13 b. The Community Resources Development Trust Fund.
14 c. The Refugee Assistance Trust Fund.
15 d. The Social Services Block Grant Trust Fund.
16 e. The Tobacco Settlement Trust Fund.
17 f. The Working Capital Trust Fund.
18 4.3. The Department of Community Affairs, only for the
19 Operating Trust Fund.
20 5.4. The Department of Corrections.
21 6.5. The Department of Elderly Affairs, except for:
22 a. The Federal Grants Trust Fund.
23 b. The Tobacco Settlement Trust Fund.
24 7.6. The Department of Health, except for:
25 a. The Federal Grants Trust Fund.
26 b. The Grants and Donations Trust Fund.
27 c. The Maternal and Child Health Block Grant Trust
28 Fund.
29 d. The Tobacco Settlement Trust Fund.
30 8.7. The Department of Highway Safety and Motor
31 Vehicles, only for:
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1 a. The DUI Programs Coordination Trust Fund.
2 b. The Security Deposits Trust Fund.
3 9.8. The Department of Juvenile Justice.
4 10.9. The Department of Law Enforcement.
5 11.10. The Department of Legal Affairs.
6 12.11. The Department of State, only for:
7 a. The Grants and Donations Trust Fund.
8 b. The Records Management Trust Fund.
9 13.12. The Executive Office of the Governor, only for:
10 a. The Economic Development Transportation Trust Fund.
11 b. The Economic Development Trust Fund.
12 14.13. The Florida Public Service Commission, only for
13 the Florida Public Service Regulatory Trust Fund.
14 15.14. The Justice Administrative Commission.
15 16.15. The state courts system.
16 Section 70. Paragraph (b) of subsection (5) of section
17 400.464, Florida Statutes, is amended to read:
18 400.464 Home health agencies to be licensed;
19 expiration of license; exemptions; unlawful acts; penalties.--
20 (5) The following are exempt from the licensure
21 requirements of this part:
22 (b) Home health services provided by a state agency,
23 either directly or through a contractor with:
24 1. The Department of Elderly Affairs.
25 2. The Department of Health, a community health
26 center, or a rural health network that furnishes home visits
27 for the purpose of providing environmental assessments, case
28 management, health education, personal care services, family
29 planning, or followup treatment, or for the purpose of
30 monitoring and tracking disease.
31
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1 3. Services provided to persons with who have
2 developmental disabilities, as defined in s. 393.063.
3 4. Companion and sitter organizations that were
4 registered under s. 400.509(1) on January 1, 1999, and were
5 authorized to provide personal services under s. 393.063(33)
6 under a developmental services provider certificate on January
7 1, 1999, may continue to provide such services to past,
8 present, and future clients of the organization who need such
9 services, notwithstanding the provisions of this act.
10 5. The Department of Children and Family Services.
11 Section 71. Subsection (7) of section 744.704, Florida
12 Statutes, is amended to read:
13 744.704 Powers and duties.--
14 (7) A public guardian shall not commit a ward to a
15 mental health treatment facility, as defined in s.
16 394.455(32)(30), without an involuntary placement proceeding
17 as provided by law.
18 Section 72. Subsection (4) of section 984.22, Florida
19 Statutes, is amended to read:
20 984.22 Powers of disposition.--
21 (4) All payments of fees made to the department under
22 pursuant to this chapter, or child support payments made to
23 the department pursuant to subsection (3), shall be deposited
24 in the General Revenue Fund. In cases in which the child is
25 placed in foster care with the Department of Children and
26 Family Services, such child support payments shall be
27 deposited in the Community Resources Development Trust Fund.
28 Section 73. Part III of chapter 282, Florida Statutes,
29 consisting of sections 282.601, 282.602, 282.603, 282.604,
30 282.605, and 282.606, is created to read:
31 PART III
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1 ACCESSIBILITY OF INFORMATION AND TECHNOLOGY
2 282.601 Accessibility of electronic information and
3 information technology.--
4 (1) In order to improve the accessibility of
5 electronic information and information technology and increase
6 the successful education, employment, access to governmental
7 information and services, and involvement in community life,
8 the executive, legislative, and judicial branches of state
9 government shall, when developing, competitively procuring,
10 maintaining, or using electronic information or information
11 technology acquired on or after July 1, 2006, ensure that
12 state employees with disabilities have access to and are
13 provided with information and data comparable to the access
14 and use by state employees who are not individuals with
15 disabilities, unless an undue burden would be imposed on the
16 agency.
17 (2) Individuals with disabilities who are members of
18 the public seeking information or services from state agencies
19 that are subject to this part shall be provided with access to
20 and use of information and data comparable to that provided to
21 the public who are not individuals with disabilities, unless
22 an undue burden would be imposed on the agency.
23 282.602 Definitions.--As used in this part, the term:
24 (1) "Accessible electronic information and information
25 technology" means electronic information and information
26 technology that conforms to the standards for accessible
27 electronic information and information technology as set forth
28 by s. 508 of the Rehabilitation Act of 1973, as amended, and
29 29 U.S.C. 794(d), including the regulations set forth under 36
30 C.F.R. part 1194.
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1 (2) "Alternate methods" means a different means of
2 providing information to people with disabilities, including
3 product documentation. The term includes, but is not limited
4 to, voice, facsimile, relay service, TTY, Internet posting,
5 captioning, text-to-speech synthesis, and audio description.
6 (3) "Electronic information and information
7 technology" includes information technology and any equipment
8 or interconnected system or subsystem of equipment which is
9 used in creating, converting, or duplicating data or
10 information. The term includes, but is not limited to,
11 telecommunications products such as telephones, information
12 kiosks and transaction machines, Internet web sites,
13 multimedia systems, and office equipment such as copiers and
14 facsimile machines. The term does not include any equipment
15 that contains embedded information technology that is an
16 integral part of the product if the principal function of the
17 technology is not the acquisition, storage, manipulation,
18 management, movement, control, display, switching,
19 interchange, transmission, or reception of data or
20 information.
21 (4) "Information technology" means any equipment or
22 interconnected system or subsystem of equipment which is used
23 in the automatic acquisition, storage, manipulation,
24 management, movement, control, display, switching,
25 interchange, transmission, or reception of data or
26 information. The term includes computers, ancillary equipment,
27 software, firmware and similar procedures, services and
28 support services, and related resources.
29 (5) "Undue burden" means significant difficulty or
30 expense. In determining whether an action would result in an
31 undue burden, a state agency shall consider all agency
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1 resources that are available to the program or component for
2 which the product is being developed, procured, maintained, or
3 used.
4 (6) "State agency" means any agency of the executive,
5 legislative, or judicial branch of state government.
6 282.603 Access to electronic and information
7 technology for persons with disabilities; undue burden;
8 limitations.--
9 (1) Each state agency shall develop, procure,
10 maintain, and use accessible electronic information and
11 information technology acquired on or after July 1, 2006, that
12 conforms to the applicable provisions set forth by s. 508 of
13 the Rehabilitation Act of 1973, as amended, and 29 U.S.C.
14 794(d), including the regulations set forth under 36 C.F.R.
15 part 1194, except when compliance with this section imposes an
16 undue burden; however in such instance, a state agency must
17 provide individuals with disabilities with the information and
18 data involved by an alternative method of access which allows
19 the individual to use the information and data.
20 (2) This section does not require a state agency to
21 install specific accessibility-related software or attach an
22 assistive-technology device at a work station of a state
23 employee who is not an individual with a disability.
24 (3) This section does not require a state agency, when
25 providing the public with access to information or data
26 through electronic information technology, to make products
27 owned by the state agency available for access and use by
28 individuals with disabilities at a location other than the
29 location at which the electronic information and information
30 technology are normally provided to the public, and this
31 section does not require a state agency to purchase products
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1 for access and use by individuals with disabilities at a
2 location other than at the location where the electronic
3 information and information technology are normally provided
4 to the public.
5 282.604 Adoption of rules.--The Department of
6 Management Services shall, with input from stakeholders, adopt
7 rules pursuant to ss. 120.536(1) and 120.54 for the
8 development, procurement, maintenance, and use of accessible
9 electronic information technology by governmental units.
10 282.605 Exceptions.--
11 (1) This part does not apply to electronic information
12 and information technology of the Department of Military
13 Affairs or the Florida National Guard if the function,
14 operation, or use of the information or technology involves
15 intelligence activities or cryptologic activities related to
16 national security, the command and control of military forces,
17 equipment that is an integral part of a weapon or weapons
18 system, or systems that are critical to the direct fulfillment
19 of military or intelligence missions. Systems that are
20 critical to the direct fulfillment of military or intelligence
21 missions do not include a system that is used for routine
22 administrative and business applications, including, but not
23 limited to, payroll, finance, logistics, and
24 personnel-management applications.
25 (2) This part does not apply to electronic information
26 and information technology of a state agency if the function,
27 operation, or use of the information or technology involves
28 criminal intelligence activities. Such activities do not
29 include information or technology that is used for routine
30 administrative and business applications, including, but not
31
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1 limited to, payroll, finance, logistics, and
2 personnel-management applications.
3 (3) This part does not apply to electronic information
4 and information technology that is acquired by a contractor
5 and that is incidental to the contract.
6 (4) This part applies to competitive solicitations
7 issued or new systems developed by a state agency on or after
8 July 1, 2006.
9 282.606 Intent.--It is the intent of the Legislature
10 that, in construing this part, due consideration and great
11 weight be given to the interpretations of the federal courts
12 relating to comparable provisions of s. 508 of the
13 Rehabilitation Act of 1973, as amended, and 29 U.S.C. 794(d),
14 including the regulations set forth under 36 C.F.R. part 1194,
15 as of July 1, 2006.
16 Section 74. This act shall take effect July 1, 2006.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS for Senate Bill 2012
3
4 This committee substitute differs from the prior committee
substitute in that it:
5
Specifies that the authority of a judge under s. 39.407, F.S.,
6 to order a child to receive mental health or developmental
disabilities services from a psychiatrist, psychologist, or
7 other appropriate provider does not confer jurisdiction on the
court to determine eligibility or order services under the
8 statutes governing developmental disabilities services
administered by the Agency for Persons with Disabilities (APD
9 or agency).
10 Deletes proposed language that circumscribed the court's
jurisdiction to involuntarily admit a mentally retarded person
11 to residential services provided by the agency, and instead
specifies that the APD may appeal decisions relating to such
12 involuntary admissions.
13 Clarifies the bill's definition of "restraint" to provide that
a drug used as a restraint does not include a drug that is
14 part of the standard treatment regimen of a person with
diagnosed mental illness who is a client of the Department of
15 Children and Family Services.
16 Includes adult day training services and personal care
services within the community-based services that are
17 medically necessary to prevent institutionalization.
18 Deletes proposed language specifying that a facility license
granted by the agency is not an entitlement.
19
Delineates grounds for denial, revocation, or suspension of a
20 license, including making a false representation on a license
application; prior actions taken against the entity under the
21 Medicare or Medicaid programs; and failure to comply with ch.
393, F.S., and its related rules.
22
Prescribes further the rules that the APD must adopt governing
23 standards and procedures relating to the use of restraint and
seclusion.
24
Requires, rather than authorizes, the agency to recognize the
25 certification of behavior analysts awarded by a nonprofit
corporation that adheres to the national standards of boards
26 that determine professional credentials.
27 Requires applicants for licensure as intermediate care
facilities for the developmentally disabled (ICF/DDs) to agree
28 to provide or arrange for active treatment services by an
interdisciplinary team to maximize individual independence or
29 prevent regression.
30 Creates part III of ch. 282, F.S., relating to accessibility
of electronic information and information technology for
31 certain individuals with disabilities.
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1 Requires the executive, legislative, and judicial branches of
state government, when developing or procuring electronic
2 information or information technology, to ensure that state
employees with disabilities have access to data and
3 information comparable to what non-disabled state employees
have--unless doing so would create an undue burden on the
4 agency.
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