HB 7153

1	A bill to be entitled
2	An act relating to children with disabilities; creating
3	the "Window of Opportunity Act"; amending 393.063, F.S.;
4	revising the definition of the term "developmental
5	disability"; providing a definition of the term "Down
6	syndrome"; amending s. 409.8132, F.S.; revising provisions
7	relating to eligibility for enrollment in the Medikids
8	program component of the Florida Kidcare program;
9	providing conditions for enrollment of new applicants in
10	the Florida Healthy Kids program and limiting enrollment
11	in the Medikids program after January 1, 2009; amending s.
12	409.814, F.S.; providing limitations on enrollment in the
13	Medikids program after January 1, 2009; providing for
14	enrollment of new applicants in the Florida Healthy Kids
15	program; revising duties of the board of directors of the
16	Florida Healthy Kids Corporation regarding enrollment
17	limitations; amending s. 409.815, F.S.; revising
18	provisions relating to health benefits coverage for
19	specified services to include habilitative and behavior
20	analysis services; providing definitions; limiting the
21	lifetime maximum of health benefits coverage for certain
22	services; amending s. 409.906, F.S.; authorizing the
23	Agency for Health Care Administration to seek federal
24	approval through a state plan amendment to provide home
25	and community-based services for autism spectrum disorder
26	and other development disabilities; specifying eligibility
27	criteria; specifying limitations on provision of benefits;
28	directing the agency to coordinate with the Agency for
29	Persons with Disabilities and the Department of Health to
30	select and define services submitted in the state plan
31	amendment; requiring reports to the Legislature; creating
32	s. 456.0291, F.S.; authorizing certain licensing boards to
33	require special continuing education on developmental
34	disabilities for certain licensees and certificateholders;
35	providing penalties; providing rulemaking authority;
36	requiring the Department of Health to develop and
37	implement a plan to promote awareness of developmental
38	disabilities, with a focus on autism spectrum disorder;
39	amending s. 624.91, F.S.; revising legislative intent;
40	requiring the Florida Healthy Kids Corporation to provide
41	information relating to costs and utilization of full-pay
42	and Title XXI subsidized populations enrolled in Florida
43	Healthy Kids health benefits coverage plans; creating s.
44	624.916, F.S.; directing the Office of Insurance
45	Regulation to establish a work group to develop and
46	execute a compact relating to coverage for insured persons
47	with development disabilities; providing for membership of
48	the work group; requiring the work group to convene within
49	a specified period of time; requiring the compact to
50	contain specified components; requiring a report to the
51	Legislature; creating s. 627.6686, F.S.; providing health
52	insurance coverage for individuals with developmental
53	disabilities; providing definitions; providing coverage
54	for certain screening to diagnose and treat developmental
55	disabilities; providing limitations on coverage; providing
56	for eligibility standards for benefits and coverage;
57	prohibiting insurers from denying coverage under certain
58	circumstances; specifying required elements of a treatment
59	plan; providing, beginning January 1, 2012, that the
60	maximum benefit shall be adjusted annually; clarifying
61	that the section may not be construed as limiting benefits
62	and coverage otherwise available to an insured under a
63	health insurance plan; prohibiting the Office of Insurance
64	Regulation from enforcing certain provisions against
65	insurers that are signatories to the developmental
66	disabilities compact; creating s. 641.31098, F.S.;
67	providing coverage under a health maintenance contract for
68	individuals with developmental disabilities; providing
69	definitions; providing coverage for certain screening to
70	diagnose and treat developmental disabilities; providing
71	limitations on coverage; providing for eligibility
72	standards for benefits and coverage; prohibiting health
73	maintenance organizations from denying coverage under
74	certain circumstances; specifying required elements of a
75	treatment plan; providing, beginning January 1, 2012, that
76	the maximum benefit shall be adjusted annually;
77	prohibiting the Office of Insurance Regulation from
78	enforcing certain provisions against health maintenance
79	organizations that are signatories to the developmental
80	disabilities compact; amending s. 1002.39, F.S., relating
81	to the John M. McKay Scholarships for Students with
82	Disabilities Program; revising the terminology used to
83	identify students with certain disabilities; authorizing
84	students who receive certain services under the Voluntary
85	Prekindergarten Education Program to receive a John M.
86	McKay Scholarship; conforming cross-references; permitting
87	students to receive scholarship services at locations
88	other than the private school's site under specified
89	conditions; providing retroactive eligibility for
90	scholarships under certain circumstances; amending s.
91	1002.51, F.S.; revising definitions for the Voluntary
92	Prekindergarten Education Program; amending s. 1002.53 and
93	creating s. 1002.66, F.S.; establishing a prekindergarten
94	program option for children with disabilities; providing
95	eligibility criteria for early intervention services;
96	providing for the approval of early intervention service
97	providers; authorizing the expenditure of funds for early
98	intervention services; amending s. 1002.71, F.S.;
99	authorizing a child participating in a prekindergarten
100	program for children with disabilities to reenroll in
101	another program option under certain conditions; amending
102	s. 1002.75, F.S.; revising the powers and duties of the
103	Agency for Workforce Innovation for prekindergarten
104	programs; amending s. 1003.01, F.S.; revising the
105	terminology used to identify students with certain
106	disabilities; amending s. 1004.55, F.S.; redesignating
107	regional autism centers as Centers for Autism and Related
108	Disabilities; revising terminology and duties of the
109	regional autism centers; amending s. 1006.03, F.S.;
110	requiring the Department of Education to maintain the
111	Florida Diagnostic and Learning Resources System; revising
112	duties of regional diagnostic and learning resources
113	centers; creating part III of chapter 1006, F.S., relating
114	to the Learning Gateway; creating s. 1006.80, F.S.;
115	requiring Centers for Autism and Related Disabilities to
116	establish a statewide system of learning gateways;
117	specifying functions of learning gateways; creating s.
118	1006.82, F.S.; establishing the State Learning Gateway
119	Council; assigning the council to the Department of
120	Education for administrative purposes; specifying the
121	membership of the council; providing for selection of the
122	council's chair and executive director; prescribing the
123	council's duties; repealing ss. 411.226, 411.227, and
124	411.228, F.S., relating to the Learning Gateway,
125	components of the Learning Gateway, and accountability;
126	providing effective dates.
127
128	Be It Enacted by the Legislature of the State of Florida:
129
130	Section 1.  This act may be cited as the "Window of
131	Opportunity Act."
132	Section 2.  Subsections (13) through (40) of section
133	393.063, Florida Statutes, are renumbered as subsections (14)
134	through (41), respectively, subsection (9)is amended, and a new
135	subsection (13) is added to that section, to read:
136	393.063  Definitions.--For the purposes of this chapter,
137	the term:
138	(9)  "Developmental disability" means a disorder or
139	syndrome that is attributable to retardation, cerebral palsy,
140	autism, spina bifida, Down syndrome, or Prader-Willi syndrome;
141	that manifests before the age of 18; and that constitutes a
142	substantial handicap that can reasonably be expected to continue
143	indefinitely.
144	(13)  "Down syndrome" means a disorder caused by the
145	presence of an extra chromosome 21 and characterized by mental
146	retardation and distinguishing physical features.
147	Section 3.  Paragraph (a) of subsection(6) and subsection
148	(7) of section 409.8132, Florida Statutes, are amended to read:
149	409.8132  Medikids program component.--
150	(6)  ELIGIBILITY.--
151	(a)  A child who has attained the age of 1 year but who is
152	under the age of 5 years is eligible to enroll in the Medikids
153	program component of the Florida Kidcare program, if the child
154	is a member of a family that has a family income which exceeds
155	the Medicaid applicable income level as specified in s. 409.903,
156	but which is equal to or below 200 percent of the current
157	federal poverty level. In determining the eligibility of such a
158	child, an assets test is not required. Effective January 1,
159	2009, a child who is enrolled in eligible for Medikids may elect
160	to enroll in Florida Healthy Kids coverage or employer-sponsored
161	group coverage at the time of redetermination. However, a child
162	who is eligible for Medikids may participate in the Florida
163	Healthy Kids program only if the child has a sibling
164	participating in the Florida Healthy Kids program and the
165	child's county of residence permits such enrollment.
166	(7)  ENROLLMENT.--
167	(a)  Enrollment in the Medikids program component may occur
168	at any time throughout the year. A child may not receive
169	services under the Medikids program until the child is enrolled
170	in a managed care plan or MediPass. Once determined eligible, an
171	applicant may receive choice counseling and select a managed
172	care plan or MediPass. The agency may initiate mandatory
173	assignment for a Medikids applicant who has not chosen a managed
174	care plan or MediPass provider after the applicant's voluntary
175	choice period ends. An applicant may select MediPass under the
176	Medikids program component only in counties that have fewer than
177	two managed care plans available to serve Medicaid recipients
178	and only if the federal Health Care Financing Administration
179	determines that MediPass constitutes "health insurance coverage"
180	as defined in Title XXI of the Social Security Act.
181	(b)  Effective January 1, 2009, a new applicant for the
182	Florida Kidcare program who has attained the age of 1 year but
183	who is under the age of 5 years shall be enrolled in the Florida
184	Healthy Kids program component of the Florida Kidcare program.
185	New applicants may not be enrolled in the Medikids program
186	component after January 1, 2009.
187	Section 4.  Subsection (5) of section 409.814, Florida
188	Statutes, is amended to read:
189	409.814  Eligibility.--A child who has not reached 19 years
190	of age whose family income is equal to or below 200 percent of
191	the federal poverty level is eligible for the Florida Kidcare
192	program as provided in this section. For enrollment in the
193	Children's Medical Services Network, a complete application
194	includes the medical or behavioral health screening. If,
195	subsequently, an individual is determined to be ineligible for
196	coverage, he or she must immediately be disenrolled from the
197	respective Florida Kidcare program component.
198	(5)  A child whose family income is above 200 percent of
199	the federal poverty level or a child who is excluded under the
200	provisions of subsection (4) may participate in the Medikids
201	program as provided in s. 409.8132 or, if the child is
202	ineligible for Medikids by reason of age or the child applied
203	for coverage after January 1, 2009, in the Florida Healthy Kids
204	program as provided in s. 624.91, subject to the following
205	provisions:
206	(a)  The family is not eligible for premium assistance
207	payments and must pay the full cost of the premium, including
208	any administrative costs.
209	(b)  The agency is authorized to place limits on enrollment
210	in Medikids by these children in order to avoid adverse
211	selection. The number of children participating in Medikids
212	whose family income exceeds 200 percent of the federal poverty
213	level must not exceed 10 percent of total enrollees in the
214	Medikids program. Effective January 1, 2009, all new applicants
215	shall be enrolled in the Florida Healthy Kids program component
216	of the Florida Kidcare program pursuant to this paragraph.
217	(c)  The board of directors of the Florida Healthy Kids
218	Corporation is authorized to place limits on enrollment of these
219	children in order to avoid adverse selection. In addition, the
220	board is authorized to offer a reduced benefit package to these
221	children in order to limit program costs for such families. The
222	number of children participating in the Florida Healthy Kids
223	program whose family income exceeds 200 percent of the federal
224	poverty level must not exceed 10 percent of total enrollees in
225	the Florida Healthy Kids program.
226	Section 5.  Paragraphs (r) through (v) of subsection (2) of
227	section 409.815, Florida Statutes, are redesignated as
228	paragraphs (s) through (w), respectively, present paragraphs
229	(o), (r), and (u) are amended, and a new paragraph (r) is added
230	to that subsection, to read:
231	409.815  Health benefits coverage; limitations.--
232	(2)  BENCHMARK BENEFITS.--In order for health benefits
233	coverage to qualify for premium assistance payments for an
234	eligible child under ss. 409.810-409.820, the health benefits
235	coverage, except for coverage under Medicaid and Medikids, must
236	include the following minimum benefits, as medically necessary.
237	(o)  Therapy services.--Covered services include
238	habilitative and rehabilitative services, including
239	occupational, physical, respiratory, and speech therapies, with
240	the following limitations:
241	1.  Rehabilitative services are limited to:
242	a.1.  Services must be for Short-term rehabilitation when
243	where significant improvement in the enrollee's condition will
244	result; and
245	b.2.  Services shall be limited to Not more than 24
246	treatment sessions within a 60-day period per episode or injury,
247	with the 60-day period beginning with the first treatment.
248	2.  Habilitative services are limited to:
249	a.  Habilitation when improvements in and maintenance of
250	human behavior, skill acquisition, and communication will
251	result; and
252	b.  Enrollees that are diagnosed with autism spectrum
253	disorder, mental retardation, cerebral palsy, spina bifida, or
254	Prader-Willi syndrome.
255	(r)  Behavior analysis services.--Behavior analysis and
256	behavior assistant services shall be covered. For purposes of
257	this paragraph:
258	1.  "Behavior analysis" means the design, implementation,
259	and evaluation of instructional and environmental modifications
260	to produce socially significant improvements in human behavior
261	through skill acquisition and the reduction of problematic
262	behavior. Behavior analysis shall be provided by an individual
263	certified pursuant to s. 393.17 or an individual licensed under
264	chapter 490 or chapter 491.
265	2.  "Behavior assistant" means services provided by an
266	individual with specific training to assist in carrying out
267	plans designed by a behavior analyst.
268	(s)(r)  Lifetime maximum.--Health benefits coverage
269	obtained under ss. 409.810-409.820 shall pay an enrollee's
270	covered expenses at a lifetime maximum of $1 million per covered
271	child. However, coverage for the combination of behavior
272	analysis services, speech therapy, physical therapy, and
273	occupational therapy for recipients diagnosed with autism
274	spectrum disorder, mental retardation, cerebral palsy, spina
275	bifida, or Prader-Willi syndrome receiving these services to
276	achieve improvements in human behavior, skill acquisition,
277	communication, and the reduction of problematic behavior shall
278	be limited to $36,000 annually and may not exceed $108,000 in
279	total lifetime benefits.
280	(v)(u)  Enhancements to minimum requirements.--
281	1.  This section sets the minimum benefits that must be
282	included in any health benefits coverage, other than Medicaid or
283	Medikids coverage, offered under ss. 409.810-409.820. Health
284	benefits coverage may include additional benefits not included
285	under this subsection, but may not include benefits excluded
286	under paragraph (t) (s).
287	2.  Health benefits coverage may extend any limitations
288	beyond the minimum benefits described in this section.
289
290	Except for the Children's Medical Services Network, the agency
291	may not increase the premium assistance payment for either
292	additional benefits provided beyond the minimum benefits
293	described in this section or the imposition of less restrictive
294	service limitations.
295	Section 6.  Subsection (26) is added to section 409.906,
296	Florida Statutes, to read:
297	409.906  Optional Medicaid services.--Subject to specific
298	appropriations, the agency may make payments for services which
299	are optional to the state under Title XIX of the Social Security
300	Act and are furnished by Medicaid providers to recipients who
301	are determined to be eligible on the dates on which the services
302	were provided. Any optional service that is provided shall be
303	provided only when medically necessary and in accordance with
304	state and federal law. Optional services rendered by providers
305	in mobile units to Medicaid recipients may be restricted or
306	prohibited by the agency. Nothing in this section shall be
307	construed to prevent or limit the agency from adjusting fees,
308	reimbursement rates, lengths of stay, number of visits, or
309	number of services, or making any other adjustments necessary to
310	comply with the availability of moneys and any limitations or
311	directions provided for in the General Appropriations Act or
312	chapter 216. If necessary to safeguard the state's systems of
313	providing services to elderly and disabled persons and subject
314	to the notice and review provisions of s. 216.177, the Governor
315	may direct the Agency for Health Care Administration to amend
316	the Medicaid state plan to delete the optional Medicaid service
317	known as "Intermediate Care Facilities for the Developmentally
318	Disabled." Optional services may include:
319	(26)  HOME AND COMMUNITY-BASED SERVICES FOR AUTISM SPECTRUM
320	DISORDER AND OTHER DEVELOPMENTAL DISABILITIES.--The agency is
321	authorized to seek and implement federal approval through a
322	state plan amendment for home and community-based services
323	limited to occupational therapy, speech therapy, physical
324	therapy, behavior analysis, and behavior assistant services
325	under the authority of and in compliance with s. 1915(i) of the
326	Social Security Act. The services shall be provided to
327	individuals who are 5 years of age and under and have a
328	diagnosis of autism spectrum disorder, mental retardation,
329	cerebral palsy, spina bifida, or Prader-Willi syndrome. Coverage
330	for such services shall be limited to $36,000 annually and may
331	not exceed $108,000 in total lifetime benefits. In accordance
332	with allowances under s. 1915(i) of the Social Security Act,
333	these services may be limited to a select number of eligible
334	individuals in select geographic areas as identified by the
335	agency. Eligible individuals may have incomes of up to 150
336	percent of the federal poverty level. The agency shall
337	coordinate with the Agency for Persons with Disabilities and the
338	Department of Health to select and define the services that will
339	be included in the state plan amendment and be provided under
340	this subsection. The agency shall submit an annual report
341	beginning on January 1, 2009, to the President of the Senate,
342	the Speaker of the House of Representatives, and the relevant
343	committees of the Senate and the House of Representatives
344	regarding the implementation of the state plan amendment.
345	Section 7.  Section 456.0291, Florida Statutes, is created
346	to read:
347	456.0291  Requirement for instruction on developmental
348	disabilities.--
349	(1)(a)  The appropriate board shall require each person
350	licensed or certified under chapter 458, chapter 459, part I of
351	chapter 464, chapter 490, or chapter 491 to complete a 2-hour
352	continuing education course, approved by the board, on
353	developmental disabilities, as defined in s. 393.063, with the
354	addition of autism spectrum disorder, as part of every third
355	biennial relicensure or recertification. The course shall
356	consist of information on the diagnosis and treatment of
357	developmental disabilities and information on counseling and
358	education of a parent whose child is diagnosed with a
359	developmental disability, with an emphasis on autism spectrum
360	disorder.
361	(b)  Each such licensee or certificateholder shall submit
362	confirmation of having completed the course, on a form provided
363	by the board, when submitting fees for every third biennial
364	renewal.
365	(c)  The board may approve additional equivalent courses
366	that may be used to satisfy the requirements of paragraph (a).
367	Each licensing board that requires a licensee to complete an
368	educational course pursuant to this subsection may include the
369	hours required for completion of the course in the total hours
370	of continuing education required by law for such profession
371	unless the continuing education requirements for such profession
372	consist of fewer than 30 hours biennially.
373	(d)  Any person holding two or more licenses subject to the
374	provisions of this subsection shall be permitted to show proof
375	of having taken one board-approved course on developmental
376	disabilities for purposes of relicensure or recertification for
377	additional licenses.
378	(e)  Failure to comply with the requirements of this
379	subsection shall constitute grounds for disciplinary action
380	under each respective practice act and under s. 456.072(1)(k).
381	In addition to discipline by the board, the licensee shall be
382	required to complete such course.
383	(2)  Each board may adopt rules pursuant to ss. 120.536(1)
384	and 120.54 to carry out the provisions of this section.
385	(3)  The department shall implement a plan to promote
386	awareness of developmental disabilities, with a focus on autism
387	spectrum disorder, to physicians licensed under chapter 458 or
388	chapter 459 and parents. The department shall develop the plan
389	in consultation with organizations representing allopathic and
390	osteopathic physicians, the Board of Medicine, the Board of
391	Osteopathic Medicine, and nationally recognized organizations
392	that promote awareness of developmental disabilities. The
393	department's plan shall include the distribution of educational
394	materials for parents, including a developmental assessment
395	tool.
396	Section 8.  Paragraph (b) of subsection (2) and paragraph
397	(b) of subsection (5) of section 624.91, Florida Statutes, are
398	amended to read:
399	624.91  The Florida Healthy Kids Corporation Act.--
400	(2)  LEGISLATIVE INTENT.--
401	(b)  It is the intent of the Legislature that the Florida
402	Healthy Kids Corporation serve as one of several providers of
403	services to children eligible for medical assistance under Title
404	XXI of the Social Security Act. Although the corporation may
405	serve other children, the Legislature intends the primary
406	recipients of services provided through the corporation be
407	school-age children with a family income below 200 percent of
408	the federal poverty level, who do not qualify for Medicaid. It
409	is also the intent of the Legislature that state and local
410	government Florida Healthy Kids funds be used to continue
411	coverage, subject to specific appropriations in the General
412	Appropriations Act, to children not eligible for federal
413	matching funds under Title XXI.
414	(5)  CORPORATION AUTHORIZATION, DUTIES, POWERS.--
415	(b)  The Florida Healthy Kids Corporation shall:
416	1.  Arrange for the collection of any family, local
417	contributions, or employer payment or premium, in an amount to
418	be determined by the board of directors, to provide for payment
419	of premiums for comprehensive insurance coverage and for the
420	actual or estimated administrative expenses.
421	2.  Arrange for the collection of any voluntary
422	contributions to provide for payment of premiums for children
423	who are not eligible for medical assistance under Title XXI of
424	the Social Security Act.
425	3.  Subject to the provisions of s. 409.8134, accept
426	voluntary supplemental local match contributions that comply
427	with the requirements of Title XXI of the Social Security Act
428	for the purpose of providing additional coverage in contributing
429	counties under Title XXI.
430	4.  Establish the administrative and accounting procedures
431	for the operation of the corporation.
432	5.  Establish, with consultation from appropriate
433	professional organizations, standards for preventive health
434	services and providers and comprehensive insurance benefits
435	appropriate to children, provided that such standards for rural
436	areas shall not limit primary care providers to board-certified
437	pediatricians.
438	6.  Determine eligibility for children seeking to
439	participate in the Title XXI-funded components of the Florida
440	Kidcare program consistent with the requirements specified in s.
441	409.814, as well as the non-Title-XXI-eligible children as
442	provided in subsection (3).
443	7.  Establish procedures under which providers of local
444	match to, applicants to and participants in the program may have
445	grievances reviewed by an impartial body and reported to the
446	board of directors of the corporation.
447	8.  Establish participation criteria and, if appropriate,
448	contract with an authorized insurer, health maintenance
449	organization, or third-party administrator to provide
450	administrative services to the corporation.
451	9.  Establish enrollment criteria which shall include
452	penalties or waiting periods of not fewer than 60 days for
453	reinstatement of coverage upon voluntary cancellation for
454	nonpayment of family premiums.
455	10.  Contract with authorized insurers or any provider of
456	health care services, meeting standards established by the
457	corporation, for the provision of comprehensive insurance
458	coverage to participants. Such standards shall include criteria
459	under which the corporation may contract with more than one
460	provider of health care services in program sites. Health plans
461	shall be selected through a competitive bid process. The Florida
462	Healthy Kids Corporation shall purchase goods and services in
463	the most cost-effective manner consistent with the delivery of
464	quality medical care. The maximum administrative cost for a
465	Florida Healthy Kids Corporation contract shall be 15 percent.
466	For health care contracts, the minimum medical loss ratio for a
467	Florida Healthy Kids Corporation contract shall be 85 percent.
468	For dental contracts, the remaining compensation to be paid to
469	the authorized insurer or provider under a Florida Healthy Kids
470	Corporation contract shall be no less than an amount which is 85
471	percent of premium; to the extent any contract provision does
472	not provide for this minimum compensation, this section shall
473	prevail. The health plan selection criteria and scoring system,
474	and the scoring results, shall be available upon request for
475	inspection after the bids have been awarded.
476	11.  Establish disenrollment criteria in the event local
477	matching funds are insufficient to cover enrollments.
478	12.  Develop and implement a plan to publicize the Florida
479	Healthy Kids Corporation, the eligibility requirements of the
480	program, and the procedures for enrollment in the program and to
481	maintain public awareness of the corporation and the program.
482	13.  Secure staff necessary to properly administer the
483	corporation. Staff costs shall be funded from state and local
484	matching funds and such other private or public funds as become
485	available. The board of directors shall determine the number of
486	staff members necessary to administer the corporation.
487	14.  Provide a report annually to the Governor, Chief
488	Financial Officer, Commissioner of Education, Senate President,
489	Speaker of the House of Representatives, and Minority Leaders of
490	the Senate and the House of Representatives.
491	15.  Provide information on a quarterly basis to the
492	Senate, the House of Representatives, and the Governor that
493	assesses the cost and utilization of services for the Florida
494	Healthy Kids health benefits plans provided through the Florida
495	Healthy Kids Corporation. The information must be specific to
496	each eligibility component of the plan and, at a minimum,
497	include:
498	a.  The monthly enrollment and expenditures for enrollees.
499	b.  The cost and utilization of specific services.
500	c.  An analysis of the impact on premiums following
501	implementation of the Window of Opportunity Act.
502	d.  An analysis of trends regarding transfer of enrollees
503	from the Florida Healthy Kids plans to the Children's Medical
504	Services Network plan.
505	e.  Any recommendations resulting from the analysis
506	conducted under this subparagraph.
507	16.15.  Establish benefit packages which conform to the
508	provisions of the Florida Kidcare program, as created in ss.
509	409.810-409.820.
510	Section 9.  Section 624.916, Florida Statutes, is created
511	to read:
512	624.916  Developmental disabilities compact.--
513	(1)  The Office of Insurance Regulation is directed to
514	convene a work group for the purpose of negotiating a compact
515	that includes a binding agreement among the participants
516	relating to insurance and access to services for persons with
517	developmental disabilities as defined in s. 393.063, with the
518	addition of autism spectrum disorder. The work group shall
519	consist of the following:
520	(a)  Representatives of all health insurers licensed under
521	this chapter.
522	(b)  Representatives of all health maintenance
523	organizations licensed under part I of chapter 641.
524	(c)  Representatives of employers with self-insured health
525	benefit plans.
526	(d)  A designee of the Governor.
527	(e)  A designee of the President of the Senate.
528	(f)  A designee of the Speaker of the House of
529	Representatives.
530	(2)  The office shall convene the work group by August 31,
531	2008.
532	(3)  The agreement shall include the following components:
533	(a)  Procedures for clear and specific notice to
534	policyholders identifying the amount, scope, and conditions
535	under which coverage is provided for speech therapy, physical
536	therapy, occupational therapy, and behavioral interventions when
537	necessary due to the presence of a developmental disability.
538	(b)  Penalties for documented cases of denial of claims for
539	medically necessary services due to the presence of a
540	developmental disability.
541	(c)  Proposals for new product lines that may be offered in
542	conjunction with traditional health insurance and provide a more
543	appropriate means of spreading risk, financing costs, and
544	accessing favorable prices.
545	(4)  Upon completion of the negotiations for the compact,
546	the office shall report the results to the Governor, the
547	President of the Senate, and the Speaker of the House of
548	Representatives. The office shall continue to monitor
549	participation, compliance, and effectiveness of the agreement
550	and report its findings at least annually.
551	Section 10.  Section 627.6686, Florida Statutes, is created
552	to read:
553	627.6686  Coverage for individuals with developmental
554	disabilities required; exception.--
555	(1)  As used in this section, the term:
556	(a)  "Developmental disability" has the same meaning as
557	provided in s. 393.063, with the addition of autism spectrum
558	disorder.
559	(b)  "Eligible individual" means an individual under 18
560	years of age or an individual 18 years of age or older who is in
561	high school who has been diagnosed as having a developmental
562	disability at 8 years of age or younger.
563	(c)  "Health insurance plan" means a group health insurance
564	policy or group health benefit plan offered by an insurer which
565	includes the state group insurance program provided under s.
566	110.123. The term does not include any health insurance plan
567	offered in the individual market, any health insurance plan that
568	is individually underwritten, or any health insurance plan
569	provided to a small employer.
570	(d)  "Insurer" means an insurer providing health insurance
571	coverage, which is licensed to engage in the business of
572	insurance in this state and is subject to insurance regulation.
573	(2)  Effective July 1, 2010, a health insurance plan shall
574	provide coverage to an eligible individual for:
575	(a)  Well-baby and well-child screening for diagnosing the
576	presence of a developmental disability.
577	(b)  Treatment of a developmental disability through speech
578	therapy, occupational therapy, physical therapy, and behavioral
579	interventions.
580	(3)  The coverage required pursuant to subsection (2) is
581	subject to the following requirements:
582	(a)  Coverage shall be limited to treatment that is
583	prescribed by the insured's treating physician in accordance
584	with a treatment plan.
585	(b)  Coverage for the services described in subsection (2)
586	shall be limited to $36,000 annually and may not exceed $108,000
587	in total lifetime benefits.
588	(c)  Coverage may not be denied on the basis that provided
589	services are habilitative in nature.
590	(d)  Coverage may be subject to other general exclusions
591	and limitations of the insurer's policy or plan, including, but
592	not limited to, coordination of benefits, participating provider
593	requirements, restrictions on services provided by family or
594	household members, and utilization review of health care
595	services, including the review of medical necessity, case
596	management, and other managed care provisions.
597	(4)  The coverage required pursuant to subsection (2) may
598	not be subject to dollar limits, deductibles, or coinsurance
599	provisions that are less favorable to an insured than the dollar
600	limits, deductibles, or coinsurance provisions that apply to
601	physical illnesses that are generally covered under the health
602	insurance plan, except as otherwise provided in subsection (3).
603	(5)  An insurer may not deny or refuse to issue coverage
604	for medically necessary services, refuse to contract with, or
605	refuse to renew or reissue or otherwise terminate or restrict
606	coverage for an individual because the individual is diagnosed
607	as having a developmental disability.
608	(6)  The treatment plan required pursuant to subsection (3)
609	shall include all elements necessary for the health insurance
610	plan to appropriately pay claims. These elements include, but
611	are not limited to, a diagnosis, the proposed treatment by type,
612	the frequency and duration of treatment, the anticipated
613	outcomes stated as goals, the frequency with which the treatment
614	plan will be updated, and the signature of the treating
615	physician.
616	(7)  Beginning January 1, 2012, the maximum benefit under
617	paragraph (3)(b) shall be adjusted annually on January 1 of each
618	calendar year to reflect any change from the previous year in
619	the medical component of the then current Consumer Price Index
620	for all urban consumers, published by the Bureau of Labor
621	Statistics of the United States Department of Labor.
622	(8)  This section may not be construed as limiting benefits
623	and coverage otherwise available to an insured under a health
624	insurance plan.
625	(9)  The Office of Insurance Regulation may not enforce
626	this section against an insurer that is a signatory to the
627	developmental disabilities compact established under s. 624.916.
628	Section 11.  Section 641.31098, Florida Statutes, is
629	created to read:
630	641.31098  Coverage for individuals with developmental
631	disabilities.--
632	(1)  As used in this section, the term:
633	(a)  "Developmental disability" has the same meaning as
634	provided in s. 393.063, with the addition of autism spectrum
635	disorder.
636	(b)  "Eligible individual" means an individual under 18
637	years of age or an individual 18 years of age or older who is in
638	high school who has been diagnosed as having a developmental
639	disability at 8 years of age or younger.
640	(2)  A health maintenance contract issued or renewed on or
641	after July 1, 2010, must provide coverage to an eligible
642	individual for:
643	(a)  Well-baby and well-child screening for diagnosing the
644	presence of a developmental disability.
645	(b)  Treatment of a developmental disability through speech
646	therapy, occupational therapy, physical therapy, and behavioral
647	interventions.
648	(3)  The coverage required pursuant to subsection (2) is
649	subject to the following requirements:
650	(a)  Coverage shall be limited to treatment that is
651	prescribed by the subscriber's treating physician in accordance
652	with a treatment plan.
653	(b)  Coverage for the services described in subsection (2)
654	shall be limited to $36,000 annually and may not exceed $108,000
655	in total benefits.
656	(c)  Coverage may not be denied on the basis that provided
657	services are habilitative in nature.
658	(d)  Coverage may be subject to general exclusions and
659	limitations of the subscriber's contract, including, but not
660	limited to, coordination of benefits, participating provider
661	requirements, and utilization review of health care services,
662	including the review of medical necessity, case management, and
663	other managed care provisions.
664	(4)  The coverage required pursuant to subsection (2) may
665	not be subject to dollar limits, deductibles, or coinsurance
666	provisions that are less favorable to a subscriber than the
667	dollar limits, deductibles, or coinsurance provisions that apply
668	to physical illnesses that are generally covered under the
669	subscriber's contract, except as otherwise provided in
670	subsection (3).
671	(5)  A health maintenance organization may not deny or
672	refuse to issue coverage for medically necessary services,
673	refuse to contract with, or refuse to renew or reissue or
674	otherwise terminate or restrict coverage for an individual
675	solely because the individual is diagnosed as having a
676	developmental disability.
677	(6)  The treatment plan required pursuant to subsection (3)
678	shall include, but is not limited to, a diagnosis, the proposed
679	treatment by type, the frequency and duration of treatment, the
680	anticipated outcomes stated as goals, the frequency with which
681	the treatment plan will be updated, and the signature of the
682	treating physician.
683	(7)  Beginning January 1, 2012, the maximum benefit under
684	paragraph (3)(b) shall be adjusted annually on January 1 of each
685	calendar year to reflect any change from the previous year in
686	the medical component of the then current Consumer Price Index
687	for all urban consumers, published by the Bureau of Labor
688	Statistics of the United States Department of Labor.
689	(8)  The Office of Insurance Regulation may not enforce
690	this section against a health maintenance organization that is a
691	signatory to the developmental disabilities compact established
692	under s. 624.916.
693	Section 12.  Subsections (1), (2), and (3), paragraph (a)
694	of subsection (4), paragraph (d) of subsection (8), and
695	paragraphs (a), (c), and (d) of subsection (10) of section
696	1002.39, Florida Statutes, are amended, subsections (11), (12),
697	and (13) are renumbered as subsections (13), (14), and (15),
698	respectively, and new subsections (11) and (12) are added to
699	that section, to read:
700	1002.39  The John M. McKay Scholarships for Students with
701	Disabilities Program.--There is established a program that is
702	separate and distinct from the Opportunity Scholarship Program
703	and is named the John M. McKay Scholarships for Students with
704	Disabilities Program.
705	(1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
706	DISABILITIES PROGRAM.--The John M. McKay Scholarships for
707	Students with Disabilities Program is established to provide the
708	option to attend a public school other than the one to which
709	assigned, or to provide a scholarship to a private school of
710	choice, for students with disabilities for whom an individual
711	educational education plan has been written in accordance with
712	rules of the State Board of Education. Students with
713	disabilities include K-12 students who are documented as having
714	an intellectual disability a mental handicap, including
715	trainable, profound, or educable; a speech impairment; a or
716	language impairment; a hearing impairment, including deafness; a
717	visual impairment, including blindness; a dual sensory
718	impairment; an orthopedic a physical impairment or other health
719	impairment; a serious emotional disturbance, including an
720	emotional or behavioral disability handicap; a specific learning
721	disability, including, but not limited to, dyslexia,
722	dyscalculia, or developmental aphasia; a traumatic brain injury;
723	a developmental delay; or autism spectrum disorder.
724	(2)  JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent of
725	a public school student with a disability who is dissatisfied
726	with the student's progress may request and receive from the
727	state a John M. McKay Scholarship for the child to enroll in and
728	attend a private school in accordance with this section if:
729	(a)  The student has either:
730	1.  Received early intervention services under the
731	Voluntary Prekindergarten Education Program pursuant to s.
732	1002.66 during the previous school year and the student has a
733	current individual educational plan developed in accordance with
734	rules of the State Board of Education; or
735	2.  Spent the prior school year in attendance at a Florida
736	public school or the Florida School for the Deaf and the Blind.
737	For purposes of this subparagraph, prior school year in
738	attendance means that the student was:
739	1.  Enrolled and reported by:
740	a.  A school district for funding during the preceding
741	October and February Florida Education Finance Program surveys
742	in kindergarten through grade 12, which shall include time spent
743	in a Department of Juvenile Justice commitment program if funded
744	under the Florida Education Finance Program;
745	b.2.  Enrolled and reported by The Florida School for the
746	Deaf and the Blind during the preceding October and February
747	student membership surveys in kindergarten through grade 12; or
748	c.3.  Enrolled and reported by A school district for
749	funding during the preceding October and February Florida
750	Education Finance Program surveys, was at least 4 years old when
751	so enrolled and reported, and was eligible for services under s.
752	1003.21(1)(e).
753
754	However, a dependent child of a member of the United States
755	Armed Forces who transfers to a school in this state from out of
756	state or from a foreign country pursuant to a parent's permanent
757	change of station orders is exempt from this paragraph but must
758	meet all other eligibility requirements to participate in the
759	program.
760	(b)  The parent has obtained acceptance for admission of
761	the student to a private school that is eligible for the program
762	under subsection (8) and has requested from the department a
763	scholarship at least 60 days prior to the date of the first
764	scholarship payment. The request must be through a communication
765	directly to the department in a manner that creates a written or
766	electronic record of the request and the date of receipt of the
767	request. The Department of Education must notify the district of
768	the parent's intent upon receipt of the parent's request.
769	(3)  JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is
770	not eligible for a John M. McKay Scholarship while he or she is:
771	(a)  Enrolled in a school operating for the purpose of
772	providing educational services to youth in Department of
773	Juvenile Justice commitment programs;
774	(b)  Receiving a corporate income tax credit scholarship
775	under s. 220.187;
776	(c)  Receiving an educational scholarship pursuant to this
777	chapter;
778	(d)  Participating in a home education program as defined
779	in s. 1002.01(1);
780	(e)  Participating in a private tutoring program pursuant
781	to s. 1002.43;
782	(f)  Participating in a virtual school, correspondence
783	school, or distance learning program that receives state funding
784	pursuant to the student's participation unless the participation
785	is limited to no more than two courses per school year;
786	(g)  Enrolled in the Florida School for the Deaf and the
787	Blind; or
788	(h)  Not having regular and direct contact with his or her
789	private school teachers at the school's physical location,
790	except as provided in subsection (11).
791	(4)  TERM OF JOHN M. MCKAY SCHOLARSHIP.--
792	(a)  For purposes of continuity of educational choice, a
793	John M. McKay Scholarship shall remain in force until the
794	student enrolls in returns to a public school, graduates from
795	high school, or reaches the age of 22, whichever occurs first.
796	(8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
797	eligible to participate in the John M. McKay Scholarships for
798	Students with Disabilities Program, a private school may be
799	sectarian or nonsectarian and must:
800	(d)  Maintain in this state a physical location where a
801	scholarship student regularly attends classes or where it
802	provides case management services under subsection (11).
803
804	The inability of a private school to meet the requirements of
805	this subsection shall constitute a basis for the ineligibility
806	of the private school to participate in the scholarship program
807	as determined by the department.
808	(10)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--
809	(a)1.  The maximum scholarship granted for an eligible
810	student with disabilities shall be a calculated amount
811	equivalent to the base student allocation in the Florida
812	Education Finance Program multiplied by the appropriate cost
813	factor for the educational program that would have been provided
814	for the student in the district school to which he or she was
815	assigned, multiplied by the district cost differential.
816	2.  In addition, a share of the guaranteed allocation for
817	exceptional students shall be determined and added to the
818	calculated amount. The calculation shall be based on the
819	methodology and the data used to calculate the guaranteed
820	allocation for exceptional students for each district in chapter
821	2000-166, Laws of Florida. Except as provided in subparagraphs
822	3. and 4., the calculation shall be based on the student's
823	grade, matrix level of services, and the difference between the
824	2000-2001 basic program and the appropriate level of services
825	cost factor, multiplied by the 2000-2001 base student allocation
826	and the 2000-2001 district cost differential for the sending
827	district. Also, the calculated amount shall include the per-
828	student share of supplemental academic instruction funds,
829	instructional materials funds, technology funds, and other
830	categorical funds as provided for such purposes in the General
831	Appropriations Act.
832	3.  The calculated scholarship amount for a student who is
833	eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2.
834	shall be calculated as provided in subparagraphs 1. and 2.
835	However, the calculation shall be based on the school district
836	in which the parent resides at the time of the scholarship
837	request.
838	4.  Until the school district completes the matrix required
839	by paragraph (5)(b), the calculation shall be based on the
840	matrix that assigns the student to support level I of service as
841	it existed prior to the 2000-2001 school year. When the school
842	district completes the matrix, the amount of the payment shall
843	be adjusted as needed.
844	(c)1.  The school district shall report all students who
845	are attending a private school under this program. The students
846	with disabilities attending private schools on John M. McKay
847	Scholarships shall be reported separately from other students
848	reported for purposes of the Florida Education Finance Program.
849	2.  For program participants who are eligible under sub-
850	subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school
851	district that is used as the basis for the calculation of the
852	scholarship amount as provided in subparagraph (a)3. shall:
853	a.  Report to the department all such students who are
854	attending a private school under this program.
855	b.  Be held harmless for such students from the weighted
856	enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.a.
857	during the first school year in which the students are reported.
858	(d)  Following notification on July 1, September 1,
859	December 1, or February 1 of the number of program participants,
860	the department shall transfer, from General Revenue funds only,
861	the amount calculated under paragraph (b) from the school
862	district's total funding entitlement under the Florida Education
863	Finance Program and from authorized categorical accounts to a
864	separate account for the scholarship program for quarterly
865	disbursement to the parents of participating students. Funds may
866	not be transferred from any funding provided to the Florida
867	School for the Deaf and the Blind for program participants who
868	are eligible under sub-subparagraph (2)(a)2.b. subparagraph
869	(2)(a)2. For a student exiting a Department of Juvenile Justice
870	commitment program who chooses to participate in the scholarship
871	program, the amount of the John M. McKay Scholarship calculated
872	pursuant to paragraph (b) shall be transferred from the school
873	district in which the student last attended a public school
874	prior to commitment to the Department of Juvenile Justice. When
875	a student enters the scholarship program, the department must
876	receive all documentation required for the student's
877	participation, including the private school's and student's fee
878	schedules, at least 30 days before the first quarterly
879	scholarship payment is made for the student.
880	(11)  ALTERNATIVE SITES FOR INSTRUCTION AND SERVICES.--A
881	student eligible for a scholarship under this section may
882	receive regular and direct instruction and services from a
883	private school at a site other than the school's physical
884	location if the following criteria are met:
885	(a)  The student's parent provides a notarized statement
886	from the medical doctor or psychologist treating the student's
887	disability which certifies that the student's welfare or the
888	welfare of other students in the classroom will be jeopardized
889	if the student is required to regularly attend class at the
890	school's physical location. Such notarized statement must be:
891	1.  Annually provided to the department at least 60 days
892	prior to the date of the first scholarship payment for each
893	school year.
894	2.  Based on an annual review of the student's disability
895	by the student's medical doctor or psychologist.
896	(b)  The private school serving the student:
897	1.  Employs or contracts with a case manager who
898	coordinates and monitors the student's instruction and services,
899	reviews and maintains the documentation submitted under
900	subparagraph 2., and provides the student's parent and private
901	school with monthly reports on the student's progress.
902	2.  Requires private school employees or contracted
903	personnel who provide regular and direct instruction or services
904	to a student at a site other than the private school's physical
905	location to submit to the case manager documentation of the
906	instruction, services, and progress of the student.
907	3.  Notifies the department of each student subject to this
908	subsection.
909	(12)  RETROACTIVE SCHOLARSHIP ELIGIBILITY.--A student who
910	received a scholarship under this section in the 2005-2006
911	school year, but who was unable to receive a scholarship in the
912	2006-2007 school year due to the regular and direct contact
913	requirement in paragraph (3)(h), is eligible for a scholarship
914	in the 2008-2009 school year if the student:
915	(a)  Demonstrates that he or she would have met the
916	criteria of paragraph (11)(a) at the time of his or her 2006-
917	2007 scholarship.
918	(b)  Satisfies the requirements for a scholarship under
919	this section other than the prior school year attendance
920	requirement in paragraph (2)(a).
921	Section 13.  Subsections (2) through (5) of section
922	1002.51, Florida Statutes, are renumbered as subsections (4)
923	through (7), respectively, and new subsections (2) and (3) are
924	added to that section to read:
925	1002.51  Definitions.--As used in this part, the term:
926	(2)  "Disability" means any disability for purposes of
927	exceptional students defined in s. 1003.01.
928	(3)  "Early intervention service provider" means a provider
929	delivering early intervention services under s. 1002.66.
930	Section 14.  Subsections (1) and (3) of section 1002.53,
931	Florida Statutes, are amended to read:
932	1002.53  Voluntary Prekindergarten Education Program;
933	eligibility and enrollment.--
934	(1)  There is created the Voluntary Prekindergarten
935	Education Program, which. The program shall take effect in each
936	county at the beginning of the 2005-2006 school year and shall
937	be organized, designed, and delivered in accordance with s. 1(b)
938	and (c), Art. IX of the State Constitution.
939	(3)  The parent of each child eligible under subsection (2)
940	may enroll the child in one of the following programs:
941	(a)  A school-year prekindergarten program delivered by a
942	private prekindergarten provider under s. 1002.55;
943	(b)  A summer prekindergarten program delivered by a public
944	school or private prekindergarten provider under s. 1002.61; or
945	(c)  A school-year prekindergarten program delivered by a
946	public school, if offered by a school district that is eligible
947	under s. 1002.63; or
948	(d)  Beginning with the 2011-2012 school year, a
949	prekindergarten program for children with disabilities, if the
950	child has a disability and is eligible for the program under s.
951	1002.66.
952
953	Except as provided in s. 1002.71(4), a child may not enroll in
954	more than one of these programs.
955	Section 15.  Section 1002.66, Florida Statutes, is created
956	to read:
957	1002.66  Prekindergarten program for children with
958	disabilities.--
959	(1)  Beginning with the 2011-2012 school year, a child with
960	a disability who enrolls with the early learning coalition under
961	s. 1002.53(3)(d) is eligible for a prekindergarten program of
962	early intervention services if:
963	(a)  The child is eligible for the Voluntary
964	Prekindergarten Education Program under s. 1002.53(2).
965	(b)  A current individual educational plan has been
966	developed for the child in accordance with rules of the State
967	Board of Education.
968	(2)  The parent of a child who is eligible for the
969	prekindergarten program for children with disabilities may
970	select one or more early intervention services that the child's
971	individual educational plan indicates is appropriate for the
972	child. These early intervention services may include, but are
973	not limited to:
974	(a)  Applied behavior analysis.
975	(b)  Speech-language pathology.
976	(c)  Occupational therapy.
977	(d)  Physical therapy.
978	(3)  The early intervention services provided for a child
979	under this section must be delivered according to professionally
980	accepted standards and must, in accordance with the performance
981	standards adopted by the department under s. 1002.67, address
982	the age-appropriate progress of the child in the development of
983	the capabilities, capacities, and skills required under s. 1(b),
984	Art. IX of the State Constitution.
985	(4)  Each Center for Autism and Related Disabilities
986	established under s. 1004.55 shall, within the center's region,
987	approve early intervention service providers whose services meet
988	the standards in subsection (3), maintain a list of approved
989	providers, and notify each school district and early learning
990	coalition in the center's region of the approved provider list.
991	Upon the request of a child's parent, a Center for Autism and
992	Related Disabilities may approve an early intervention service
993	provider that is not on the approved list if the provider's
994	services meet the standards in subsection (3) and the child's
995	individual educational plan indicates that the services are
996	appropriate for the child.
997	(5)  From the funds allocated to the early learning
998	coalition for the Voluntary Prekindergarten Education Program,
999	the coalition shall reimburse an approved early intervention
1000	service provider for authorized services provided for an
1001	eligible child, except that the cumulative total of services
1002	reimbursed for a child may not exceed the amount of the base
1003	student allocation provided for the Voluntary Prekindergarten
1004	Education Program in the General Appropriations Act.
1005	Section 16.  Paragraph (a) of subsection (4) of section
1006	1002.71, Florida Statutes, is amended to read:
1007	1002.71  Funding; financial and attendance reporting.--
1008	(4)  Notwithstanding s. 1002.53(3) and subsection (2):
1009	(a)  A child who, for any of the prekindergarten programs
1010	listed in s. 1002.53(3), has not completed more than 10 percent
1011	of the hours authorized to be reported for funding under
1012	subsection (2), or has not expended more than 10 percent of the
1013	funds authorized for the child under s. 1002.66, may withdraw
1014	from the program for good cause, reenroll in one of the
1015	programs, and be reported for funding purposes as a full-time
1016	equivalent student in the program for which the child is
1017	reenrolled.
1018
1019	A child may reenroll only once in a prekindergarten program
1020	under this section. A child who reenrolls in a prekindergarten
1021	program under this subsection may not subsequently withdraw from
1022	the program and reenroll. The Agency for Workforce Innovation
1023	shall establish criteria specifying whether a good cause exists
1024	for a child to withdraw from a program under paragraph (a),
1025	whether a child has substantially completed a program under
1026	paragraph (b), and whether an extreme hardship exists which is
1027	beyond the child's or parent's control under paragraph (b).
1028	Section 17.  Paragraphs (a) and (f) of subsection (2) of
1029	section 1002.75, Florida Statutes, are amended to read:
1030	1002.75  Agency for Workforce Innovation; powers and
1031	duties; operational requirements.--
1032	(2)  The Agency for Workforce Innovation shall adopt
1033	procedures governing the administration of the Voluntary
1034	Prekindergarten Education Program by the early learning
1035	coalitions and school districts for:
1036	(a)  Enrolling children in and determining the eligibility
1037	of children for the Voluntary Prekindergarten Education Program
1038	under ss. 1002.53 and 1002.66 s. 1002.53.
1039	(f)  Paying private prekindergarten providers, and public
1040	schools, and early intervention service providers under ss.
1041	1002.66 and 1002.71 s. 1002.71.
1042	Section 18.  Paragraph (a) of subsection (3) of section
1043	1003.01, Florida Statutes, is amended to read:
1044	1003.01  Definitions.--As used in this chapter, the term:
1045	(3)(a)  "Exceptional student" means any student who has
1046	been determined eligible for a special program in accordance
1047	with rules of the State Board of Education. The term includes
1048	students who are gifted; and students who have an intellectual
1049	disability, autism spectrum disorder, a speech impairment, a
1050	language impairment, an orthopedic impairment or other health
1051	impairment, traumatic brain injury, a visual impairment, an
1052	emotional or behavioral disability, or a specific learning
1053	disability, including, but not limited to, dyslexia,
1054	dyscalculia, or developmental aphasia; students who are deaf or
1055	hard of hearing or dual sensory impaired; students who are
1056	hospitalized or homebound; and with disabilities who are
1057	mentally handicapped, speech and language impaired, deaf or hard
1058	of hearing, visually impaired, dual sensory impaired, physically
1059	impaired, emotionally handicapped, specific learning disabled,
1060	hospital and homebound, autistic, developmentally delayed
1061	children, ages birth through 5 years of age with developmental
1062	delays, and or children, ages birth through 2 years of age, with
1063	established conditions, which that are identified in State Board
1064	of Education rules pursuant to s. 1003.21(1)(e).
1065	Section 19.  Effective upon this act becoming a law,
1066	section 1004.55, Florida Statutes, is amended to read:
1067	1004.55  Regional autism Centers for Autism and Related
1068	Disabilities.--
1069	(1)  Seven regional autism Centers for Autism and Related
1070	Disabilities are established to provide nonresidential resource
1071	and training services for persons of all ages and of all levels
1072	of intellectual functioning who have an autism spectrum
1073	disorder, as defined in s. 393.063; who have a pervasive
1074	developmental disorder that is not otherwise specified,; who
1075	have an autistic-like disability,; who have a dual sensory
1076	impairment,; or who have a sensory impairment, or other
1077	disability for purposes of exceptional students defined in s.
1078	1003.01 with other handicapping conditions. Each center shall be
1079	operationally and fiscally independent and shall provide
1080	services within its geographical region of the state. Service
1081	delivery shall be consistent for all centers. Each center shall
1082	coordinate services within and between state and local agencies
1083	and school districts but may not duplicate services provided by
1084	those agencies or school districts. The respective locations and
1085	service areas of the centers are:
1086	(a)  The Department of Communication Disorders at Florida
1087	State University, which serves Bay, Calhoun, Escambia, Franklin,
1088	Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
1089	Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and
1090	Washington Counties.
1091	(b)  The College of Medicine at the University of Florida,
1092	which serves Alachua, Bradford, Citrus, Columbia, Dixie,
1093	Gilchrist, Hamilton, Hernando, Lafayette, Levy, Marion, Putnam,
1094	Suwannee, and Union Counties.
1095	(c)  The University of Florida Health Science Center at
1096	Jacksonville, which serves Baker, Clay, Duval, Flagler, Nassau,
1097	and St. Johns Counties.
1098	(d)  The Louis de la Parte Florida Mental Health Institute
1099	at the University of South Florida, which serves Charlotte,
1100	Collier, DeSoto, Glades, Hardee, Hendry, Highlands,
1101	Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk, and Sarasota
1102	Counties.
1103	(e)  The Mailman Center for Child Development and the
1104	Department of Psychology at the University of Miami, which
1105	serves Broward, Dade, and Monroe Counties.
1106	(f)  The College of Health and Public Affairs at the
1107	University of Central Florida, which serves Brevard, Lake,
1108	Orange, Osceola, Seminole, Sumter, and Volusia Counties.
1109	(g)  The Department of Exceptional Student Education at
1110	Florida Atlantic University, which serves Palm Beach, Martin,
1111	St. Lucie, Okeechobee, and Indian River Counties.
1112	(2)  There is established for each center a constituency
1113	board, which shall work collaboratively with the center. Each
1114	board shall consist of no fewer than six members, each of whom
1115	is either an individual who has a disability that is described
1116	in subsection (1) or is a member of a family that includes a
1117	person who has such a disability, who are selected by each
1118	university president from a list that has been developed by the
1119	Autism Society of Florida and other relevant constituency groups
1120	that represent persons who have sensory impairments or other
1121	disabilities as described in subsection (1). As representatives
1122	of the center's constituencies, these boards shall meet
1123	quarterly with the staff of each of the centers to provide
1124	advice on policies, priorities, and activities. Each board shall
1125	submit to the university president and to the Department of
1126	Education an annual report that evaluates the activities and
1127	accomplishments of its center during the year. The board for
1128	each center should raise funds equivalent to 2 percent of the
1129	total funds allocated to that center in each fiscal year.
1130	(3)  To promote statewide planning and coordination, a
1131	conference must be held annually for staff from each of the
1132	seven centers and representatives from each center's
1133	constituency board. The purpose of the conference is to
1134	facilitate coordination, networking, cross-training, and
1135	feedback among the staffs and constituency boards of the
1136	centers.
1137	(4)(a)  Each center shall provide:
1138	1.  A staff that has expertise in autism spectrum
1139	disorders, and autistic-like behaviors, and in sensory
1140	impairments, and other disabilities described in subsection (1).
1141	2.  Individual and direct family assistance in the home,
1142	community, and school. A center's assistance should not supplant
1143	other responsibilities of state and local agencies, and each
1144	school district is responsible for providing an appropriate
1145	education program for clients of a center who are school age.
1146	3.  Technical assistance and consultation services,
1147	including specific intervention and assistance for a client of
1148	the center, the client's family, and the school district, and
1149	any other services that are appropriate.
1150	4.  Professional training programs that include developing,
1151	providing, and evaluating preservice and inservice training in
1152	state-of-the-art practices for personnel who work with the
1153	populations served by the centers and their families.
1154	5.  Public education programs to increase awareness of the
1155	public about autism spectrum disorders, autistic-related
1156	disabilities of communication and behavior, dual sensory
1157	impairments, and sensory impairments, and other disabilities
1158	described in subsection (1) with other handicapping conditions.
1159	6.  Coordination of regional learning gateways established
1160	in accordance with s. 1006.80.
1161	7.  Approval of early intervention service providers for
1162	prekindergarten programs for children with disabilities in
1163	accordance with s. 1002.66.
1164	(b)  Direct medical intervention or pharmaceutical
1165	intervention is prohibited in any center on or after July 1,
1166	2008.
1167	(5)  The State Board of Education, in cooperation with the
1168	regional autism Centers for Autism and Related Disabilities,
1169	shall adopt the necessary rules to carry out the purposes of
1170	this section.
1171	Section 20.  Effective upon this act becoming a law,
1172	subsection (1), paragraph (b) of subsection (2), and subsections
1173	(3) and (4) of section 1006.03, Florida Statutes, are amended to
1174	read:
1175	1006.03  Florida Diagnostic and Learning Resources System;
1176	regional resource centers.--
1177	(1)  The department shall maintain the Florida Diagnostic
1178	and Learning Resources System, which shall be comprised of a
1179	network of regional diagnostic and learning resources resource
1180	centers for exceptional students. The regional centers shall, to
1181	assist in the provision of medical, physiological,
1182	psychological, and educational testing and other services
1183	designed to evaluate and diagnose exceptionalities, to make
1184	referrals for necessary instruction and services, and to
1185	facilitate the provision of instruction and services to
1186	exceptional students. The department shall cooperate with the
1187	Department of Children and Family Services and the Centers for
1188	Autism and Related Disabilities in identifying service needs and
1189	areas.
1190	(2)  Within its identified service area, each regional
1191	center shall:
1192	(b)  Assist in the provision of services for exceptional
1193	children, using to the maximum, but not supplanting, the
1194	existing facilities and services of each school district.
1195	(3)  Regional diagnostic and learning resources resource
1196	centers may provide testing and evaluation services to private
1197	school students and other children who are not enrolled in
1198	public schools.
1199	(4)  Regional diagnostic and learning resources resource
1200	centers may assist districts in providing testing and evaluation
1201	services for infants and preschool children with or at risk of
1202	developing disabilities, and may assist districts in providing
1203	interdisciplinary training and resources to parents of infants
1204	and preschool children with or at risk of developing
1205	disabilities and to early learning school readiness programs.
1206	Section 21.  Effective upon this act becoming a law, part
1207	III of chapter 1006, Florida Statutes, shall be entitled
1208	"Learning Gateway" and shall consist of sections 1006.80 and
1209	1006.82, Florida Statutes.
1210	Section 22.  Effective upon this act becoming a law,
1211	section 1006.80, Florida Statutes, is created to read:
1212	1006.80  Regional learning gateways.--The Centers for
1213	Autism and Related Disabilities established under s. 1004.55, in
1214	collaboration with the Department of Education and the Florida
1215	Diagnostic and Learning Resources System, shall establish a
1216	statewide system of learning gateways. The system must include
1217	the establishment of a learning gateway in the geographic region
1218	of each center. Each region's leaning gateway shall:
1219	(1)  Establish a single point of access for referral to the
1220	appropriate agencies for the screening and assessment of
1221	children younger than 5 years of age for disabilities,
1222	conducting diagnostic evaluations for children with suspected
1223	disabilities, and referring children with disabilities for early
1224	intervention services and early learning programs.
1225	(2)  Designate a central telephone number in the center's
1226	region, and an Internet website, for parents, practitioners, and
1227	providers to obtain information about services available through
1228	the learning gateway, screenings, assessments, diagnostic
1229	evaluations, early intervention services, and early learning
1230	programs for children with disabilities.
1231	(3)  Provide followup contact for families whose children
1232	are determined ineligible for services under Part B or Part C of
1233	the federal Individuals with Disabilities Education Act.
1234	(4)  Provide interagency coordination in the center's
1235	region among the regional offices of state agencies, including
1236	offices of the Division of Children's Medical Services Network
1237	of the Department of Health; regional diagnostic and learning
1238	resources centers; diagnostic and learning resources centers at
1239	state universities; school districts; early learning coalitions;
1240	county and municipal agencies; community agencies and
1241	organizations; and public and private providers of early
1242	intervention services and early learning programs, in order to
1243	develop and implement strategies to reduce a child's waiting
1244	time for services, reduce interagency duplication, and reduce
1245	interagency differences in eligibility criteria for services and
1246	programs which cause cross-agency screenings, assessments, and
1247	diagnostic evaluations.
1248	(5)  Facilitate the integration of services, linkages among
1249	providers, and the array of services required to address the
1250	needs of children and families.
1251	(6)  Improve community awareness and education for parents
1252	and practitioners about the developmental milestones, and the
1253	warning signs or precursors of disabilities, exhibited by
1254	children younger than 5 years of age.
1255	(7)  Provide training and technical assistance for parents,
1256	practitioners, and providers.
1257	Section 23.  Effective upon this act becoming a law,
1258	section 1006.82, Florida Statutes, is created to read:
1259	1006.82  State Learning Gateway Council.--
1260	(1)  There is created the State Learning Gateway Council,
1261	which is assigned to the Department of Education for
1262	administrative purposes. The council is composed of the
1263	following agency heads, and officers of the following
1264	organizations, or their permanent designees:
1265	(a)  Secretary of Children and Family Services.
1266	(b)  Director of the Agency for Persons with Disabilities.
1267	(c)  Director of Workforce Innovation.
1268	(d)  State Surgeon General.
1269	(e)  Secretary of Health Care Administration.
1270	(f)  Commissioner of Education.
1271	(g)  The director of a regional diagnostic and learning
1272	resources center appointed by the Commissioner of Education.
1273	(h)  The director of a diagnostic and learning resources
1274	center at a state university, selected from among the directors
1275	of the university centers.
1276	(i)  Chair of the Florida Early Learning Advisory Council.
1277	(j)  President of the Autism Society of Florida.
1278	(k)  President of the Florida Association for Behavioral
1279	Analysis.
1280	(l)  President of the Florida Pediatric Society.
1281	(m)  President of the Florida Psychological Association.
1282	(2)  The council shall select a chair from among its
1283	members. An executive director of a Center for Autism and
1284	Related Disabilities, selected from among the executive
1285	directors of the centers, shall serve as the council's executive
1286	director.
1287	(3)  The council shall coordinate the statewide
1288	implementation of regional learning gateways and shall advise
1289	the Legislature, the Governor, and the agencies represented by
1290	the council's members on the system of regional learning
1291	gateways.
1292	(4)(a)  The agencies represented by the council's
1293	membership shall enter into an interagency agreement to provide
1294	staffing and administrative support for the council.
1295	(b)  Council members are entitled to per diem and travel
1296	expenses for required attendance at council meetings in
1297	accordance with the provisions of s. 112.061.
1298	(5)  The council appointments shall be made, and the
1299	council shall conduct its initial meeting, within 45 days after
1300	the effective date of this section.
1301	Section 24.  Effective upon this act becoming a law,
1302	sections 411.226, 411.227, and 411.228, Florida Statutes, are
1303	repealed.
1304	Section 25.  Except as otherwise expressly provided in this
1305	act and except for this section, which shall take effect upon
1306	this act becoming a law, this act shall take effect July 1,
1307	2008.

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