Florida Senate - 2009                                    SB 2472
       
       
       
       By Senator Storms
       
       
       
       
       10-01151A-09                                          20092472__
    1                        A bill to be entitled                      
    2         An act relating to the Agency for Persons with
    3         Disabilities; amending s. 39.201, F.S.; adding the
    4         agency to the list of governmental entities that have
    5         access to information in the Department of Children
    6         and Family Service's central abuse hotline; amending
    7         s. 393.063, F.S.; redefining the term “adult day
    8         training”; amending s. 393.066, F.S.; providing for
    9         adult day training services and deleting reference to
   10         day habilitation services; amending s. 393.067, F.S.;
   11         requiring the staff of licensed facilities to receive
   12         training on abuse, neglect, and exploitation; amending
   13         s. 393.0673, F.S.; revising provisions relating to
   14         grounds for license suspension, denial, or revocation;
   15         amending s. 393.13, F.S.; specifying that persons who
   16         have developmental disabilities have a right to be
   17         free from abuse, neglect, and exploitation; amending
   18         s. 415.103, F.S.; requiring the central abuse hotline
   19         to immediately transfer certain calls relating to
   20         vulnerable adults to a local law enforcement agency;
   21         amending s. 435.04, F.S.; providing additional
   22         criminal offenses for screening certain developmental
   23         disability personnel; providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (6) of section 39.201, Florida
   28  Statutes, is amended to read:
   29         39.201 Mandatory reports of child abuse, abandonment, or
   30  neglect; mandatory reports of death; central abuse hotline.—
   31         (6) Information in the central abuse hotline may not be
   32  used for employment screening, except as provided in s.
   33  39.202(2)(a) and (h). Information in the central abuse hotline
   34  and the department's automated abuse information system may be
   35  used by the department, its authorized agents or contract
   36  providers, the Department of Health, the Agency for Persons with
   37  Disabilities as part of the licensure process under ss. 393.067
   38  and 393.0673, or county agencies as part of the licensure or
   39  registration process pursuant to ss. 402.301-402.319 and ss.
   40  409.175-409.176.
   41         Section 2. Subsection (2) of section 393.063, Florida
   42  Statutes, is amended to read:
   43         393.063 Definitions.—For the purposes of this chapter, the
   44  term:
   45         (2) “Adult day training” means training services that which
   46  take place in a nonresidential setting, which is offsite and
   47  separate from the home or facility in which the client resides;
   48  are intended to support the participation of clients in daily,
   49  meaningful, and valued routines of the community; and may
   50  include work-like settings that do not meet the definition of
   51  supported employment.
   52         Section 3. Subsection (5) of section 393.066, Florida
   53  Statutes, is amended to read:
   54         393.066 Community services and treatment.—
   55         (5) In order to improve the potential for using utilization
   56  of more cost-effective, community-based programs residential
   57  facilities, the agency shall promote the statewide development
   58  of adult day training day habilitation services for clients who
   59  live with a direct service provider in a community-based
   60  residential facility and who do not require 24-hour-a-day care
   61  in a hospital or other health care institution, but who may, in
   62  the absence of day habilitation services, require admission to a
   63  developmental disabilities center. Each adult day training
   64  service facility shall provide a protective physical environment
   65  for clients and, ensure that direct service providers meet
   66  minimum screening standards as required in s. 393.0655, make
   67  available to all day habilitation service participants at least
   68  one meal on each day of operation, provide facilities to enable
   69  participants to obtain needed rest while attending the program,
   70  as appropriate, and provide social and educational activities
   71  designed to stimulate interest and provide socialization skills.
   72         Section 4. Paragraph (h) of subsection (4) and subsections
   73  (7) and (9) of section 393.067, Florida Statutes, are amended to
   74  read:
   75         393.067 Facility licensure.—
   76         (4) The application shall be under oath and shall contain
   77  the following:
   78         (h) Certification that the staff of the facility or program
   79  will receive training to detect, report, and prevent sexual
   80  abuse, neglect, and exploitation of residents and clients.
   81         (7) The agency shall adopt rules establishing minimum
   82  standards for facilities and programs licensed under this
   83  section, including rules requiring facilities and programs to
   84  train staff to detect, report, and prevent sexual abuse,
   85  neglect, and exploitation of residents and clients, minimum
   86  standards of quality and adequacy of client care, incident
   87  reporting requirements, and uniform firesafety standards
   88  established by the State Fire Marshal which are appropriate to
   89  the size of the facility or of the component centers or units of
   90  the program.
   91         (9) The agency may conduct unannounced inspections to
   92  determine compliance by foster care facilities, group home
   93  facilities, residential habilitation centers, and comprehensive
   94  transitional education programs with the applicable provisions
   95  of this chapter and the rules adopted pursuant hereto, including
   96  the rules adopted for training staff of a facility or a program
   97  to detect, report, and prevent sexual abuse, neglect, and
   98  exploitation of residents and clients. The facility or program
   99  shall make copies of inspection reports available to the public
  100  upon request.
  101         Section 5. Paragraph (b) of subsection (1) and paragraph
  102  (b) of (2) of section 393.0673, Florida Statutes, are amended to
  103  read:
  104         393.0673 Denial, suspension, or revocation of license;
  105  moratorium on admissions; administrative fines; procedures.—
  106         (1) The agency may revoke or suspend a license or impose an
  107  administrative fine, not to exceed $1,000 per violation per day,
  108  if:
  109         (b) The Department of Children and Family Services has
  110  verified that The licensee is responsible for the abuse,
  111  neglect, or abandonment of a child as those terms are defined in
  112  s. 39.01, or the abuse, sexual abuse, neglect, or exploitation
  113  of a vulnerable adult as those terms are defined in s. 415.102.
  114         (2) The agency may deny an application for licensure
  115  submitted under s. 393.067 if:
  116         (b) The Department of Children and Family Services has
  117  verified that The applicant is responsible for the abuse,
  118  neglect, or abandonment of a child as those terms are defined in
  119  s. 39.01, or the abuse, sexual abuse, neglect, or exploitation
  120  of a vulnerable adult as those terms are defined in s. 415.102.
  121         Section 6. Paragraph (a) of subsection (3) of section
  122  393.13, Florida Statutes, is amended to read:
  123         393.13 Treatment of persons with developmental
  124  disabilities.—
  125         (3) RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL DISABILITIES.
  126  The rights described in this subsection shall apply to all
  127  persons with developmental disabilities, whether or not such
  128  persons are clients of the agency.
  129         (a) Persons who have with developmental disabilities shall
  130  have a right to dignity, privacy, and humane care, including the
  131  right to be free from sexual abuse, neglect, and exploitation in
  132  residential facilities.
  133         Section 7. Present paragraphs (c), (d), (e), (f), and (g)
  134  of subsection (1) of section 415.103, Florida Statutes, are
  135  redesignated as paragraphs (d), (e), (f), (g), and (h),
  136  respectively, and a new paragraph (c) is added to that
  137  subsection, to read:
  138         415.103 Central abuse hotline.—
  139         (1) The department shall establish and maintain a central
  140  abuse hotline that receives all reports made pursuant to s.
  141  415.1034 in writing or through a single statewide toll-free
  142  telephone number. Any person may use the statewide toll-free
  143  telephone number to report known or suspected abuse, neglect, or
  144  exploitation of a vulnerable adult at any hour of the day or
  145  night, any day of the week. The central abuse hotline must be
  146  operated in such a manner as to enable the department to:
  147         (c)Immediately transfer calls to the appropriate law
  148  enforcement agency if the report is of known or suspected abuse
  149  by someone other than the vulnerable adult's relative,
  150  caregiver, or household member.
  151         Section 8. Paragraph (c) is added to subsection (4) of
  152  section 435.04, Florida Statutes, to read:
  153         435.04 Level 2 screening standards.—
  154         (4) Standards must also ensure that the person:
  155         (c)For employees or employers of residential facilities
  156  licensed under chapter 393, or developmental disabilities
  157  centers as defined in s. 393.063, who are required to undergo
  158  employment screening pursuant to s. 393.0655 or s. 400.964, has
  159  not been convicted of, or entered a plea of guilty or nolo
  160  contendere to, regardless of adjudication, offenses prohibited
  161  under any of the following statutes or under similar statutes of
  162  another jurisdiction:
  163         1.Sections 409.920 and 409.9201, relating to Medicaid
  164  fraud.
  165         2.Chapter 784, relating to assault, battery, and culpable
  166  negligence, if the offense is a felony.
  167         3.Section 810.02, relating to burglary, if the offense is
  168  a felony.
  169         4.Section 817.034, relating to communications fraud.
  170         5.Section 817.234, relating to fraudulent insurance
  171  claims.
  172         6.Section 817.505, relating to patient brokering.
  173         7.Section 817.568, relating to criminal use of
  174  identification information.
  175         8.Sections 817.60 and 817.61, relating to theft and
  176  fraudulent use of credit cards, if the offense is a felony.
  177         9.Sections 831.01, 831.02, 831.07, 831.09, and 831.30,
  178  relating to forgery, uttering, and counterfeiting.
  179         Section 9. This act shall take effect July 1, 2009.