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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 ss.

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287.155, 393.064, 393.0651, 393.066, 393.135, 393.22,

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393.23, 402.181, 402.22, 435.03, F.S.; conforming

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provisions to changes made by the act; repealing s.

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393.0657, F.S., relating to background screening;

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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.  Section 393.0673, Florida Statutes, is amended

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to read:

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     393.0673 Denial, suspension, or 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:

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     (a) The applicant or licensee has:

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     1.(a) Has Falsely represented or omitted a material fact in

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its license application submitted under s. 393.067;.

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     2.(b) Has Had prior action taken against it under the

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Medicaid or Medicare program; or.

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     3.(c) Has Failed to comply with the applicable requirements

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of this chapter or rules applicable to the applicant or licensee.

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     (b) The Department of Children and Family Services has

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verified that the licensee is responsible for the abuse, neglect,

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or abandonment of a child or the abuse, neglect, or exploitation

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of a vulnerable adult.

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     (2) The agency may deny an application for licensure

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submitted under s. 393.067 if:

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     (a) The applicant has:

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     1. Falsely represented or omitted a material fact in its

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license application submitted under s. 393.067;

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     2. Had prior action taken against it under the Medicaid or

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Medicare program;

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     3. Failed to comply with the applicable requirements of

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this chapter or rules applicable to the applicant; or

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     4. 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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     (b) The Department of Children and Family Services has

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verified that the applicant is 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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     (3)(2) All hearings shall be held within the county in

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which the licensee or applicant operates or applies for a license

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to operate a facility as defined herein.

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     (4)(3) The agency, as a part of any final order issued by

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it under this chapter, may impose such fine as it deems proper,

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except that such fine may not exceed $1,000 for each violation.

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Each day a violation of this chapter occurs constitutes a

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separate violation and is subject to a separate fine, but in no

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event may the aggregate amount of any fine exceed $10,000. Fines

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paid by any facility licensee under the provisions of this

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subsection shall be deposited in the Resident Protection Trust

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Fund and expended as provided in s. 400.063.

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     (5)(4) The agency may issue an order immediately suspending

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or revoking a license when it determines that any condition in

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the facility presents a danger to the health, safety, or welfare

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of the residents in the facility.

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     (6)(5) The agency may impose an immediate moratorium on

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admissions to any facility when the agency department determines

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that any condition in the facility presents a threat to the

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health, safety, or welfare of the residents in the facility.

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     (7)(6) The agency shall establish by rule criteria for

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evaluating the severity of violations and for determining the

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amount of fines imposed.

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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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s. 775.082, s. 775.083, or s. 775.084. A covered person may be

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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 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 13.  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 14.  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 15. Section 393.0657, Florida Statutes, is

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repealed.

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     Section 16.  This act shall take effect July 1, 2008.