HB 7075

1	A bill to be entitled
2	An act relating to developmental disabilities; amending s.
3	393.063, F.S.; revising definitions applicable to ch. 393,
4	F.S., relating to persons with developmental disabilities;
5	amending ss. 287.155, 393.064, 393.0651, 393.066, 393.135,
6	393.22, 393.23, 402.181, 402.22, 408.036, and 435.03,
7	F.S.; conforming terminology to changes made by the act;
8	amending s. 393.0657, F.S.; revising an exemption from
9	certain requirements for refingerprinting and rescreening;
10	amending s. 393.0673, F.S.; providing circumstances under
11	which the Agency for Persons with Disabilities may deny,
12	revoke, or suspend a license or impose a fine; amending s.
13	393.506, F.S.; authorizing direct service providers to
14	administer a certain medication to clients with
15	developmental disabilities; amending s. 400.063, F.S.;
16	conforming a cross-reference; amending s. 916.301, F.S.;
17	clarifying provisions relating to court appointment of
18	certain qualified experts to evaluate a defendant's mental
19	condition; amending s. 916.302, F.S.; authorizing the
20	sheriff to transport a defendant determined incompetent to
21	proceed due to retardation or autism to county jail under
22	certain conditions pending a court appearance at a
23	competency hearing held within a specified period of time;
24	providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Subsection (1) of section 287.155, Florida
29	Statutes, is amended to read:
30	287.155  Motor vehicles; purchase by Department of Children
31	and Family Services, Agency for Persons with Disabilities,
32	Department of Health, Department of Juvenile Justice, and
33	Department of Corrections.--
34	(1)  The Department of Children and Family Services, the
35	Agency for Persons with Disabilities, the Department of Health,
36	the Department of Juvenile Justice, and the Department of
37	Corrections may, subject to the approval of the Department of
38	Management Services, purchase automobiles, trucks, tractors, and
39	other automotive equipment for the use of institutions or
40	developmental disabilities centers under the management of the
41	Department of Children and Family Services, the Agency for
42	Persons with Disabilities, the Department of Health, and the
43	Department of Corrections, and for the use of residential
44	facilities managed or contracted by the Department of Juvenile
45	Justice.
46	Section 2.  Subsections (10) and (31) of section 393.063,
47	Florida Statutes, are amended to read:
48	393.063  Definitions.--For the purposes of this chapter,
49	the term:
50	(10)  "Developmental disabilities center institution" means
51	a state-owned and state-operated facility, formerly known as a
52	"Sunland Center," providing for the care, habilitation, and
53	rehabilitation of clients with developmental disabilities.
54	(31)  "Retardation" means significantly subaverage general
55	intellectual functioning existing concurrently with deficits in
56	adaptive behavior that manifests before the age of 18 and can
57	reasonably be expected to continue indefinitely. "Significantly
58	subaverage general intellectual functioning," for the purpose of
59	this definition, means performance which is two or more standard
60	deviations from the mean score on a standardized intelligence
61	test specified in the rules of the agency. "Adaptive behavior,"
62	for the purpose of this definition, means the effectiveness or
63	degree with which an individual meets the standards of personal
64	independence and social responsibility expected of his or her
65	age, cultural group, and community.
66	Section 3.  Subsection (4) of section 393.064, Florida
67	Statutes, is amended to read:
68	393.064  Prevention.--
69	(4)  There is created at the developmental disabilities
70	center institution in Gainesville a research and education unit.
71	Such unit shall be named the Raymond C. Philips Research and
72	Education Unit. The functions of such unit shall include:
73	(a)  Research into the etiology of developmental
74	disabilities.
75	(b)  Ensuring that new knowledge is rapidly disseminated
76	throughout the agency.
77	(c)  Diagnosis of unusual conditions and syndromes
78	associated with developmental disabilities in clients identified
79	throughout developmental disabilities programs.
80	(d)  Evaluation of families of clients with developmental
81	disabilities of genetic origin in order to provide them with
82	genetic counseling aimed at preventing the recurrence of the
83	disorder in other family members.
84	(e)  Ensuring that health professionals in the
85	developmental disabilities center institution at Gainesville
86	have access to information systems that will allow them to
87	remain updated on newer knowledge and maintain their
88	postgraduate education standards.
89	(f)  Enhancing staff training for professionals throughout
90	the agency in the areas of genetics and developmental
91	disabilities.
92	Section 4.  Paragraph (f) of subsection (5) of section
93	393.0651, Florida Statutes, is amended to read:
94	393.0651  Family or individual support plan.--The agency
95	shall provide directly or contract for the development of a
96	family support plan for children ages 3 to 18 years of age and
97	an individual support plan for each client. The client, if
98	competent, the client's parent or guardian, or, when
99	appropriate, the client advocate, shall be consulted in the
100	development of the plan and shall receive a copy of the plan.
101	Each plan must include the most appropriate, least restrictive,
102	and most cost-beneficial environment for accomplishment of the
103	objectives for client progress and a specification of all
104	services authorized. The plan must include provisions for the
105	most appropriate level of care for the client. Within the
106	specification of needs and services for each client, when
107	residential care is necessary, the agency shall move toward
108	placement of clients in residential facilities based within the
109	client's community. The ultimate goal of each plan, whenever
110	possible, shall be to enable the client to live a dignified life
111	in the least restrictive setting, be that in the home or in the
112	community. For children under 6 years of age, the family support
113	plan shall be developed within the 45-day application period as
114	specified in s. 393.065(1); for all applicants 6 years of age or
115	older, the family or individual support plan shall be developed
116	within the 60-day period as specified in that subsection.
117	(5)  The agency shall place a client in the most
118	appropriate and least restrictive, and cost-beneficial,
119	residential facility according to his or her individual support
120	plan. The client, if competent, the client's parent or guardian,
121	or, when appropriate, the client advocate, and the administrator
122	of the facility to which placement is proposed shall be
123	consulted in determining the appropriate placement for the
124	client. Considerations for placement shall be made in the
125	following order:
126	(f)  Developmental disabilities center institution.
127	Section 5.  Section 393.0657, Florida Statutes, is amended
128	to read:
129	393.0657  Persons not required to be refingerprinted or
130	rescreened.--Persons who have undergone any portion of the
131	background screening required under s. 393.0655 within the last
132	12 months are not required to repeat such screening in order to
133	comply with the screening requirements if such persons have not
134	been unemployed for more than 90 consecutive days since that
135	screening occurred. Such persons are responsible for providing
136	documentation of the screening and shall undergo screening for
137	any remaining background screening requirements that have never
138	been conducted or have not been completed within the last 12
139	months.
140	Section 6.  Subsection (5) of section 393.066, Florida
141	Statutes, is amended to read:
142	393.066  Community services and treatment.--
143	(5)  In order to improve the potential for utilization of
144	more cost-effective, community-based residential facilities, the
145	agency shall promote the statewide development of day
146	habilitation services for clients who live with a direct service
147	provider in a community-based residential facility and who do
148	not require 24-hour-a-day care in a hospital or other health
149	care institution, but who may, in the absence of day
150	habilitation services, require admission to a developmental
151	disabilities center institution. Each day service facility shall
152	provide a protective physical environment for clients, ensure
153	that direct service providers meet minimum screening standards
154	as required in s. 393.0655, make available to all day
155	habilitation service participants at least one meal on each day
156	of operation, provide facilities to enable participants to
157	obtain needed rest while attending the program, as appropriate,
158	and provide social and educational activities designed to
159	stimulate interest and provide socialization skills.
160	Section 7.  Section 393.0673, Florida Statutes, is amended
161	to read:
162	393.0673  Denial, suspension, or revocation of license;
163	moratorium on admissions; administrative fines; procedures.--
164	(1)  The agency may deny, revoke, or suspend a license or
165	impose an administrative fine, not to exceed $1,000 per
166	violation per day, if:
167	(a)  The applicant or licensee has:
168	1.(a)  Has Falsely represented or omitted a material fact
169	in its license application submitted under s. 393.067;.
170	2.(b)  Has Had prior action taken against it under the
171	Medicaid or Medicare program; or.
172	3.(c)  Has Failed to comply with the applicable
173	requirements of this chapter or rules applicable to the
174	applicant or licensee; or.
175	(b)  The Department of Children and Family Services has
176	verified that the licensee is responsible for the abuse,
177	neglect, or abandonment of a child or the abuse, neglect, or
178	exploitation of a vulnerable adult.
179	(2)  The agency may deny an application for licensure
180	submitted under s. 393.067 if:
181	(a)  The applicant has:
182	1.  Falsely represented or omitted a material fact in its
183	license application submitted under s. 393.067;
184	2.  Had prior action taken against it under the Medicaid or
185	Medicare program;
186	3.  Failed to comply with the applicable requirements of
187	this chapter or rules applicable to the applicant; or
188	4.  Previously had a license to operate a residential
189	facility revoked by the agency, the Department of Children and
190	Family Services, or the Agency for Health Care Administration;
191	or
192	(b)  The Department of Children and Family Services has
193	verified that the applicant is responsible for the abuse,
194	neglect, or abandonment of a child or the abuse, neglect, or
195	exploitation of a vulnerable adult.
196	(3)(2)  All hearings shall be held within the county in
197	which the licensee or applicant operates or applies for a
198	license to operate a facility as defined herein.
199	(4)(3)  The agency, as a part of any final order issued by
200	it under this chapter, may impose such fine as it deems proper,
201	except that such fine may not exceed $1,000 for each violation.
202	Each day a violation of this chapter occurs constitutes a
203	separate violation and is subject to a separate fine, but in no
204	event may the aggregate amount of any fine exceed $10,000. Fines
205	paid by any facility licensee under the provisions of this
206	subsection shall be deposited in the Resident Protection Trust
207	Fund and expended as provided in s. 400.063.
208	(5)(4)  The agency may issue an order immediately
209	suspending or revoking a license when it determines that any
210	condition in the facility presents a danger to the health,
211	safety, or welfare of the residents in the facility.
212	(6)(5)  The agency may impose an immediate moratorium on
213	admissions to any facility when the agency department determines
214	that any condition in the facility presents a threat to the
215	health, safety, or welfare of the residents in the facility.
216	(7)(6)  The agency shall establish by rule criteria for
217	evaluating the severity of violations and for determining the
218	amount of fines imposed.
219	Section 8.  Paragraph (a) of subsection (2) of section
220	393.135, Florida Statutes, is amended to read:
221	393.135  Sexual misconduct prohibited; reporting required;
222	penalties.--
223	(2)  A covered person who engages in sexual misconduct with
224	an individual with a developmental disability who:
225	(a)  Resides in a residential facility, including any
226	comprehensive transitional education program, developmental
227	disabilities center institution, foster care facility, group
228	home facility, intermediate care facility for the
229	developmentally disabled, or residential habilitation center; or
230
231	commits a felony of the second degree, punishable as provided in
232	s. 775.082, s. 775.083, or s. 775.084. A covered person may be
233	found guilty of violating this subsection without having
234	committed the crime of sexual battery.
235	Section 9.  Section 393.22, Florida Statutes, is amended to
236	read:
237	393.22  Financial commitment to community services
238	programs.--In order to ensure that whenever a number of persons
239	move from a center an institution serving persons with
240	developmental disabilities which is sufficient to allow an
241	entire residential unit within that center institution to be
242	closed, no less than 80 percent of the direct costs of providing
243	services to persons who had resided in that unit shall be
244	reallocated for community services.
245	Section 10.  Section 393.23, Florida Statutes, is amended
246	to read:
247	393.23  Developmental disabilities centers institutions;
248	trust accounts.--All receipts from the operation of canteens,
249	vending machines, hobby shops, sheltered workshops, activity
250	centers, farming projects, and other like activities operated in
251	a developmental disabilities center institution, and moneys
252	donated to the center institution, must be deposited in a trust
253	account in any bank, credit union, or savings and loan
254	association authorized by the State Treasury as a qualified
255	depository to do business in this state, if the moneys are
256	available on demand.
257	(1)  Moneys in the trust account must be expended for the
258	benefit, education, and welfare of clients. However, if
259	specified, moneys that are donated to the center institution
260	must be expended in accordance with the intentions of the donor.
261	Trust account money may not be used for the benefit of employees
262	of the agency or to pay the wages of such employees. The welfare
263	of the clients includes the expenditure of funds for the
264	purchase of items for resale at canteens or vending machines,
265	and for the establishment of, maintenance of, and operation of
266	canteens, hobby shops, recreational or entertainment facilities,
267	sheltered workshops, activity centers, farming projects, or
268	other like facilities or programs established at the center
269	institutions for the benefit of clients.
270	(2)  The center institution may invest, in the manner
271	authorized by law for fiduciaries, any money in a trust account
272	which is not necessary for immediate use. The interest earned
273	and other increments derived from the investments of the money
274	must be deposited into the trust account for the benefit of
275	clients.
276	(3)  The accounting system of the center an institution
277	must account separately for revenues and expenses for each
278	activity. The center institution shall reconcile the trust
279	account to the center's institution's accounting system and
280	check registers and to the accounting system of the Chief
281	Financial Officer.
282	(4)  All sales taxes collected by the center institution as
283	a result of sales shall be deposited into the trust account and
284	remitted to the Department of Revenue.
285	(5)  Funds shall be expended in accordance with
286	requirements and guidelines established by the Chief Financial
287	Officer.
288	Section 11.  Subsection (1) of section 393.506, Florida
289	Statutes, is amended to read:
290	393.506  Administration of medication.--
291	(1)  A direct service provider who is not currently
292	licensed to administer medication may supervise the self-
293	administration of medication or may administer oral,
294	transdermal, ophthalmic, otic, rectal, inhaled, enteral, or
295	topical prescription medications to a client as provided in this
296	section.
297	Section 12.  Subsection (1) of section 400.063, Florida
298	Statutes, is amended to read:
299	400.063  Resident Protection Trust Fund.--
300	(1)  A Resident Protection Trust Fund shall be established
301	for the purpose of collecting and disbursing funds generated
302	from the license fees and administrative fines as provided for
303	in ss. 393.0673(4)(2), 400.062(3), 400.121(2), and 400.23(8).
304	Such funds shall be for the sole purpose of paying for the
305	appropriate alternate placement, care, and treatment of
306	residents who are removed from a facility licensed under this
307	part or a facility specified in s. 393.0678(1) in which the
308	agency determines that existing conditions or practices
309	constitute an immediate danger to the health, safety, or
310	security of the residents. If the agency determines that it is
311	in the best interest of the health, safety, or security of the
312	residents to provide for an orderly removal of the residents
313	from the facility, the agency may utilize such funds to maintain
314	and care for the residents in the facility pending removal and
315	alternative placement. The maintenance and care of the residents
316	shall be under the direction and control of a receiver appointed
317	pursuant to s. 393.0678(1) or s. 400.126(1). However, funds may
318	be expended in an emergency upon a filing of a petition for a
319	receiver, upon the declaration of a state of local emergency
320	pursuant to s. 252.38(3)(a)5., or upon a duly authorized local
321	order of evacuation of a facility by emergency personnel to
322	protect the health and safety of the residents.
323	Section 13.  Subsection (1) of section 402.181, Florida
324	Statutes, is amended to read:
325	402.181  State Institutions Claims Program.--
326	(1)  There is created a State Institutions Claims Program,
327	for the purpose of making restitution for property damages and
328	direct medical expenses for injuries caused by shelter children
329	or foster children, or escapees, inmates, or patients of state
330	institutions or developmental disabilities centers under the
331	Department of Children and Family Services, the Department of
332	Health, the Department of Juvenile Justice, the Department of
333	Corrections, or the Agency for Persons with Disabilities.
334	Section 14.  Subsection (4) of section 402.22, Florida
335	Statutes, is amended to read:
336	402.22  Education program for students who reside in
337	residential care facilities operated by the Department of
338	Children and Family Services or the Agency for Persons with
339	Disabilities.--
340	(4)  Students age 18 and under who are under the
341	residential care of the Department of Children and Family
342	Services or the Agency for Persons with Disabilities and who
343	receive an education program shall be calculated as full-time
344	equivalent student membership in the appropriate cost factor as
345	provided for in s. 1011.62(1)(c). Residential care facilities
346	shall include, but not be limited to, developmental disabilities
347	centers institutions and state mental health facilities. All
348	students shall receive their education program from the district
349	school system, and funding shall be allocated through the
350	Florida Education Finance Program for the district school
351	system.
352	Section 15.  Paragraph (t) of subsection (3) of section
353	408.036, Florida Statutes, is amended to read:
354	408.036  Projects subject to review; exemptions.--
355	(3)  EXEMPTIONS.--Upon request, the following projects are
356	subject to exemption from the provisions of subsection (1):
357	(t)  For beds in state developmental disabilities centers
358	institutions as defined in s. 393.063.
359	Section 16.  Paragraph (a) of subsection (3) of section
360	435.03, Florida Statutes, is amended to read:
361	435.03  Level 1 screening standards.--
362	(3)  Standards must also ensure that the person:
363	(a)  For employees and employers licensed or registered
364	pursuant to chapter 400 or chapter 429, and for employees and
365	employers of developmental disabilities centers institutions as
366	defined in s. 393.063, intermediate care facilities for the
367	developmentally disabled as defined in s. 400.960, and mental
368	health treatment facilities as defined in s. 394.455, meets the
369	requirements of this chapter.
370	Section 17.  Subsection (2) of section 916.301, Florida
371	Statutes, is amended to read:
372	916.301  Appointment of experts.--
373	(2)  If a defendant's suspected mental condition is
374	retardation or autism, the court shall appoint the following:
375	(a)  At least one, or at the request of any party, two
376	experts to evaluate whether the defendant meets the definition
377	of retardation or autism and, if so, whether the defendant is
378	competent to proceed; and.
379	(b)  A psychologist selected by the agency who is licensed
380	or authorized by law to practice in this state, with experience
381	in evaluating persons suspected of having retardation or autism,
382	and a social service professional, with experience in working
383	with persons with retardation or autism.
384	1.  The psychologist shall evaluate whether the defendant
385	meets the definition of retardation or autism and, if so,
386	whether the defendant is incompetent to proceed due to
387	retardation or autism.
388	2.  The social service professional shall provide a social
389	and developmental history of the defendant.
390	Section 18.  Paragraph (a) of subsection (2) of section
391	916.302, Florida Statutes, is amended to read:
392	916.302  Involuntary commitment of defendant determined to
393	be incompetent to proceed.--
394	(2)  ADMISSION TO A FACILITY.--
395	(a)  A defendant who has been charged with a felony and who
396	is found to be incompetent to proceed due to retardation or
397	autism, and who meets the criteria for involuntary commitment to
398	the agency under the provisions of this chapter, shall be
399	committed to the agency, and the agency shall retain and provide
400	appropriate training for the defendant. No later than 6 months
401	after the date of admission or at the end of any period of
402	extended commitment or at any time the administrator or designee
403	shall have determined that the defendant has regained competency
404	to proceed or no longer meets the criteria for continued
405	commitment, the administrator or designee shall file a report
406	with the court pursuant to this chapter and the applicable
407	Florida Rules of Criminal Procedure. The sheriff shall transport
408	the defendant to the county jail within 15 days after the court
409	receives a report from the agency declaring that the defendant
410	is competent to proceed or no longer meets the criteria for
411	continued commitment. A competency hearing shall be held within
412	30 days after the court receives such report from the agency.
413	Section 19.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.