Florida Senate - 2008 SB 1954
By Senator Rich
34-03677A-08 20081954__
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A bill to be entitled
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An act relating to developmental disabilities; amending s.
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393.063, F.S.; revising definitions; revising the term
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"developmental disabilities institution" to be known as a
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"developmental disabilities center"; redefining the term
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"retardation"; amending s. 393.0655, F.S.; requiring
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certain persons to undergo background screening if they
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have been unemployed for more than 90 days; amending s.
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393.0673, F.S.; providing additional grounds for denying,
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suspending, or revoking a license or imposing a fine
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against a provider serving clients of the Agency for
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Persons with Disabilities; amending s. 393.506, F.S.;
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expanding the types of medications that an unlicensed
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direct service provider may administer; amending s.
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400.063, F.S.; removing license fees and fines collected
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under ch. 393, F.S., from funds deposited into the Agency
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for Health Care Administration's Resident Protection Trust
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conforming provisions to changes made by the act;
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repealing s. 393.0657, F.S., relating to background
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screening; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (1) of section 287.155, Florida
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Statutes, is amended to read:
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287.155 Motor vehicles; purchase by Department of Children
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and Family Services, Agency for Persons with Disabilities,
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Department of Health, Department of Juvenile Justice, and
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Department of Corrections.--
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(1) The Department of Children and Family Services, the
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Agency for Persons with Disabilities, the Department of Health,
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the Department of Juvenile Justice, and the Department of
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Corrections may, subject to the approval of the Department of
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Management Services, purchase automobiles, trucks, tractors, and
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other automotive equipment for the use of:
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(a) Institutions under the management of the Department of
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Children and Family Services, the Agency for Persons with
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Disabilities, the Department of Health, and the Department of
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Corrections;,
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(b) Developmental disabilities centers operated by the
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Agency for Persons with Disabilities; and for the use of
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(c) Residential facilities managed or contracted by the
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Department of Juvenile Justice.
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Section 2. Subsections (10) and (31) of section 393.063,
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Florida Statutes, are amended to read:
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393.063 Definitions.--For the purposes of this chapter, the
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term:
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(10) "Developmental disabilities center institution" means
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a state-owned and state-operated facility, formerly known as a
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"Sunland Center," providing for the care, habilitation, and
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rehabilitation of clients with developmental disabilities.
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(31) "Retardation" means significantly subaverage general
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intellectual functioning existing concurrently with deficits in
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adaptive behavior which manifests before the age of 18, and which
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can reasonably be expected to continue indefinitely. For the
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purpose of this definition:
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(a) "Significantly subaverage general intellectual
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functioning," for the purpose of this definition, means
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performance which is two or more standard deviations from the
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mean score on a standardized intelligence test specified in the
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rules of the agency.
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(b) "Adaptive behavior," for the purpose of this
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definition, means the effectiveness or degree with which an
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individual meets the standards of personal independence and
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social responsibility expected of his or her age, cultural group,
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and community.
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Section 3. Paragraph (e) of subsection (4) of section
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393.064, Florida Statutes, is amended to read:
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393.064 Prevention.--
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(4) There is created at the developmental disabilities
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institution in Gainesville a research and education unit. Such
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unit shall be named the Raymond C. Philips Research and Education
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Unit. The functions of such unit shall include:
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(e) Ensuring that health professionals at in the
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developmental disabilities center in institution at Gainesville
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have access to information systems that will allow them to remain
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updated on newer knowledge and maintain their postgraduate
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education standards.
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Section 4. Paragraph (f) of subsection (5) of section
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393.0651, Florida Statutes, is amended to read:
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393.0651 Family or individual support plan.--The agency
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shall provide directly or contract for the development of a
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family support plan for children ages 3 to 18 years of age and an
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individual support plan for each client. The client, if
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competent, the client's parent or guardian, or, when appropriate,
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the client advocate, shall be consulted in the development of the
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plan and shall receive a copy of the plan. Each plan must include
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the most appropriate, least restrictive, and most cost-beneficial
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environment for accomplishment of the objectives for client
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progress and a specification of all services authorized. The plan
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must include provisions for the most appropriate level of care
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for the client. Within the specification of needs and services
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for each client, when residential care is necessary, the agency
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shall move toward placement of clients in residential facilities
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based within the client's community. The ultimate goal of each
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plan, whenever possible, shall be to enable the client to live a
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dignified life in the least restrictive setting, be that in the
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home or in the community. For children under 6 years of age, the
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family support plan shall be developed within the 45-day
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application period as specified in s. 393.065(1); for all
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applicants 6 years of age or older, the family or individual
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support plan shall be developed within the 60-day period as
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specified in that subsection.
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(5) The agency shall place a client in the most appropriate
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and least restrictive, and cost-beneficial, residential facility
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according to his or her individual support plan. The client, if
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competent, the client's parent or guardian, or, when appropriate,
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the client advocate, and the administrator of the facility to
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which placement is proposed shall be consulted in determining the
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appropriate placement for the client. Considerations for
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placement shall be made in the following order:
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(f) Developmental disabilities center institution.
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Section 5. Present subsections (2) through (4) of section
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393.0655, Florida Statutes, are redesignated as subsections (3)
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through (5), respectively, and a new subsection (2) is added to
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that section, to read:
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393.0655 Screening of direct service providers.--
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(2) A person who has undergone any portion of the
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employment screening required under this section within the last
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12 months is not required to repeat the screening unless such
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person has been unemployed for more than 90 consecutive days. The
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person screened is responsible for providing documentation of the
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screening and must undergo screening for any remaining background
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screening requirements that have never been conducted or have not
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been completed within the last 12 months.
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Section 6. Subsection (5) of section 393.066, Florida
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Statutes, is amended to read:
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393.066 Community services and treatment.--
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(5) In order to improve the potential for utilization of
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more cost-effective, community-based residential facilities, the
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agency shall promote the statewide development of day
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habilitation services for clients who live with a direct service
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provider in a community-based residential facility and who do not
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require 24-hour-a-day care in a hospital or other health care
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institution, but who may, in the absence of day habilitation
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services, require admission to a developmental disabilities
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center institution. Each day service facility shall provide a
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protective physical environment for clients, ensure that direct
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service providers meet minimum screening standards as required in
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s. 393.0655, make available to all day habilitation service
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participants at least one meal on each day of operation, provide
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facilities to enable participants to obtain needed rest while
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attending the program, as appropriate, and provide social and
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educational activities designed to stimulate interest and provide
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socialization skills.
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Section 7. Present paragraph (c) of subsection (1) of
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section 393.0673, Florida Statutes, is redesignated as paragraph
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(e), and paragraphs (c) and (d) are added to that subsection, to
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read:
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393.0673 Denial, suspension, revocation of license;
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moratorium on admissions; administrative fines; procedures.--
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(1) The agency may deny, revoke, or suspend a license or
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impose an administrative fine, not to exceed $1,000 per violation
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per day, if the applicant or licensee:
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(c) Has been verified by the Department of Children and
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Family Services to be a caregiver responsible for the abuse,
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neglect, or abandonment of a child or the abuse, neglect, or
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exploitation of a vulnerable adult.
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(d) Has previously had a license to operate a residential
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facility revoked by the agency, the Department of Children and
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Family Services, or the Agency for Health Care Administration.
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Section 8. Subsection (2) of section 393.135, Florida
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Statutes, is amended to read:
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393.135 Sexual misconduct prohibited; reporting required;
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penalties.--
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(2) A covered person who engages in sexual misconduct with
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an individual with a developmental disability who:
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(a) Resides in a residential facility, including a any
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comprehensive transitional education program, developmental
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disabilities center institution, foster care facility, group home
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facility, intermediate care facility for the developmentally
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disabled, or residential habilitation center; or
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(b) Is eligible to receive services from the agency under
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this chapter,
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commits a felony of the second degree, punishable as provided in
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found guilty of violating this subsection without having
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committed the crime of sexual battery.
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Section 9. Section 393.22, Florida Statutes, is amended to
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read:
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393.22 Financial commitment to community services
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programs.--If the In order To ensure that whenever a number of
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persons moving move from a developmental disabilities center an
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institution serving persons with developmental disabilities which
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is sufficient to allow an entire residential unit within that
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institution to be closed, at least no less than 80 percent of the
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direct costs of providing services to persons who had resided in
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that unit shall be reallocated for community services.
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Section 10. Section 393.23, Florida Statutes, is amended to
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read:
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393.23 Developmental disabilities centers institutions;
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trust accounts.--All receipts from the operation of canteens,
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vending machines, hobby shops, sheltered workshops, activity
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centers, farming projects, and other like activities operated in
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a developmental disabilities center institution, and moneys
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donated to the center institution, must be deposited in a trust
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account in any bank, credit union, or savings and loan
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association authorized by the State Treasury as a qualified
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depository to do business in this state, if the moneys are
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available on demand.
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(1) Moneys in the trust account must be expended for the
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benefit, education, and welfare of clients. However, if
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specified, moneys that are donated to the center institution must
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be expended in accordance with the intentions of the donor. Trust
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account money may not be used for the benefit of employees of the
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agency or to pay the wages of such employees. The welfare of the
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clients includes the expenditure of funds for the purchase of
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items for resale at canteens or vending machines, and for the
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establishment of, maintenance of, and operation of canteens,
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hobby shops, recreational or entertainment facilities, sheltered
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workshops, activity centers, farming projects, or other like
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facilities or programs established at the centers institutions
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for the benefit of clients.
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(2) The center institution may invest, in the manner
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authorized by law for fiduciaries, any money in a trust account
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which is not necessary for immediate use. The interest earned and
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other increments derived from the investments of the money must
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be deposited into the trust account for the benefit of clients.
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(3) The accounting system of a center an institution must
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account separately for revenues and expenses for each activity.
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The center institution shall reconcile the trust account to the
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center's institution's accounting system and check registers and
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to the accounting system of the Chief Financial Officer.
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(4) All sales taxes collected by the center institution as
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a result of sales shall be deposited into the trust account and
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remitted to the Department of Revenue.
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(5) Funds shall be expended in accordance with requirements
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and guidelines established by the Chief Financial Officer.
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Section 11. Subsection (1) of section 393.506, Florida
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Statutes, is amended to read:
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393.506 Administration of medication.--
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(1) A direct service provider who is not currently licensed
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to administer medication may supervise the self-administration of
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medication or may administer oral, transdermal, ophthalmic, otic,
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rectal, inhaled, enteral, or topical prescription medications to
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a client as provided in this section.
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Section 12. Subsection (1) of section 400.063, Florida
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Statutes, is amended to read:
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400.063 Resident Protection Trust Fund.--
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(1) A Resident Protection Trust Fund shall be established
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for the purpose of collecting and disbursing funds generated from
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the license fees and administrative fines as provided for in ss.
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shall be for the sole purpose of paying for the appropriate
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alternate placement, care, and treatment of residents who are
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removed from a facility licensed under this part or a facility
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specified in s. 393.0678(1) in which the agency determines that
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existing conditions or practices constitute an immediate danger
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to the health, safety, or security of the residents. If the
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agency determines that it is in the best interest of the health,
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safety, or security of the residents to provide for an orderly
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removal of the residents from the facility, the agency may
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utilize such funds to maintain and care for the residents in the
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facility pending removal and alternative placement. The
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maintenance and care of the residents shall be under the
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direction and control of a receiver appointed pursuant to s.
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an emergency upon a filing of a petition for a receiver, upon the
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declaration of a state of local emergency pursuant to s.
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252.38(3)(a)5., or upon a duly authorized local order of
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evacuation of a facility by emergency personnel to protect the
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health and safety of the residents.
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Section 13. Subsection (1) of section 402.181, Florida
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Statutes, is amended to read:
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402.181 State Institutions Claims Program.--
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(1) There is created a State Institutions Claims Program,
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for the purpose of making restitution for property damages and
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direct medical expenses for injuries caused by shelter children
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or foster children, or escapees, inmates, or patients of state
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institutions under the Department of Children and Family
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Services, the Department of Health, the Department of Juvenile
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Justice, or the Department of Corrections, or developmental
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disabilities centers under the Agency for Persons with
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Disabilities.
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Section 14. Subsection (4) of section 402.22, Florida
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Statutes, is amended to read:
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402.22 Education program for students who reside in
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residential care facilities operated by the Department of
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Children and Family Services or the Agency for Persons with
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Disabilities.--
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(4) Students age 18 and under who are under the residential
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care of the Department of Children and Family Services or the
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Agency for Persons with Disabilities and who receive an education
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program shall be calculated as full-time equivalent student
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membership in the appropriate cost factor as provided for in s.
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1011.62(1)(c). Residential care facilities shall include, but not
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be limited to, developmental disabilities centers institutions
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and state mental health facilities. All students shall receive
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their education program from the district school system, and
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funding shall be allocated through the Florida Education Finance
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Program for the district school system.
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Section 15. Paragraph (a) of subsection (3) of section
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435.03, Florida Statutes, is amended to read:
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435.03 Level 1 screening standards.--
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(3) Standards must also ensure that the person:
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(a) For employees and employers licensed or registered
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pursuant to chapter 400 or chapter 429, and for employees and
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employers of developmental disabilities centers institutions as
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defined in s. 393.063, intermediate care facilities for the
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developmentally disabled as defined in s. 400.960, and mental
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health treatment facilities as defined in s. 394.455, meets the
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requirements of this chapter.
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Section 16. Section 393.0657, Florida Statutes, is
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repealed.
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Section 17. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.