2024 Legislature            CS for CS for SB 1758, 1st Engrossed
    2         An act relating to individuals with disabilities;
    3         amending s. 393.064, F.S.; revising provisions related
    4         to programs and services provided by the Agency for
    5         Persons with Disabilities; requiring the agency,
    6         within available resources, to offer voluntary
    7         participation care navigation services to clients and
    8         their caregivers at specified times; specifying goals
    9         and requirements for such care navigation services;
   10         specifying requirements for care plans; requiring the
   11         integration of care plans with any individual
   12         education plans of clients; specifying requirements
   13         for such integration; amending s. 393.065, F.S.;
   14         requiring the agency to develop and implement an
   15         online application process; specifying requirements
   16         for the online application process; requiring the
   17         agency to maintain access to a printable paper
   18         application on its website and, upon request, provide
   19         printed paper applications; requiring the agency to
   20         acknowledge receipt of all applications it receives,
   21         regardless of the manner of submission, by providing
   22         an immediate receipt confirmation to the applicant in
   23         a specified manner; defining the term “complete
   24         application”; revising timeframes within which the
   25         agency must make eligibility determinations for
   26         services; lowering the age that a caregiver must be
   27         for an individual to be placed in a certain
   28         preenrollment category; amending s. 393.0651, F.S.;
   29         revising which types of clients are eligible for an
   30         individual support plan; clarifying the timeframe
   31         within which a family or individual support plan must
   32         be developed; requiring waiver support coordinators to
   33         inform the client, client’s parent or guardian, or
   34         client’s advocate, as appropriate, of certain
   35         information when developing or reviewing the family or
   36         individual support plan; providing for a type two
   37         transfer of the Florida Unique Abilities Partner
   38         Program from the Department of Commerce to the Agency
   39         for Persons with Disabilities; amending ss. 20.60 and
   40         413.801, F.S.; conforming provisions to changes made
   41         by the act; providing appropriations; requiring the
   42         Agency for Health Care Administration and the Agency
   43         for Persons with Disabilities, in consultation with
   44         other stakeholders, to jointly develop a comprehensive
   45         plan for the administration, finance, and delivery of
   46         home and community-based services through a new home
   47         and community-based services Medicaid waiver program;
   48         providing requirements for the waiver program;
   49         authorizing the Agency for Health Care Administration
   50         to contract with necessary experts, in consultation
   51         with the Agency for Persons with Disabilities, to
   52         assist in developing the plan; requiring the Agency
   53         for Persons with Disabilities, in consultation with
   54         the Agency for Health Care Administration, to submit a
   55         specified report to the Governor and the Legislature
   56         by a specified date; providing an effective date.
   58  Be It Enacted by the Legislature of the State of Florida:
   60         Section 1. Section 393.064, Florida Statutes, is amended to
   61  read:
   62         393.064 Care navigation Prevention.—
   63         (1) Within available resources, the agency shall offer to
   64  clients and their caregivers care navigation services for
   65  voluntary participation at the time of application and as part
   66  of any eligibility or renewal review. The goals of care
   67  navigation are to create a seamless network of community
   68  resources and supports for the client and the client’s family as
   69  a whole to support a client in daily living, community
   70  integration, and achievement of individual goals. Care
   71  navigation services must involve assessing client needs and
   72  developing and implementing care plans, including, but not
   73  limited to, connecting a client to resources and supports. At a
   74  minimum, a care plan must address immediate, intermediate, and
   75  long-term needs and goals to promote and increase well-being and
   76  opportunities for education, employment, social engagement,
   77  community integration, and caregiver support. For a client who
   78  is a public school student entitled to a free appropriate public
   79  education under the Individuals with Disabilities Education Act,
   80  I.D.E.A., as amended, the care plan must be integrated with the
   81  student’s individual education plan (IEP). The care plan and IEP
   82  must be implemented to maximize the attainment of educational
   83  and habilitation goals give priority to the development,
   84  planning, and implementation of programs which have the
   85  potential to prevent, correct, cure, or reduce the severity of
   86  developmental disabilities. The agency shall direct an
   87  interagency and interprogram effort for the continued
   88  development of a prevention plan and program. The agency shall
   89  identify, through demonstration projects, through program
   90  evaluation, and through monitoring of programs and projects
   91  conducted outside of the agency, any medical, social, economic,
   92  or educational methods, techniques, or procedures that have the
   93  potential to effectively ameliorate, correct, or cure
   94  developmental disabilities. The agency shall determine the costs
   95  and benefits that would be associated with such prevention
   96  efforts and shall implement, or recommend the implementation of,
   97  those methods, techniques, or procedures which are found likely
   98  to be cost-beneficial.
   99         (2) Prevention Services provided by the agency must shall
  100  include services to high-risk children from 3 to 5 years of age,
  101  and their families, to meet the intent of chapter 411. Except
  102  for services for children from birth to age 3 years which are
  103  the responsibility of the Division of Children’s Medical
  104  Services in the Department of Health or part H of the
  105  Individuals with Disabilities Education Act, such services may
  106  include:
  107         (a) Individual evaluations or assessments necessary to
  108  diagnose a developmental disability or high-risk condition and
  109  to determine appropriate, individual family and support
  110  services.
  111         (b) Early intervention services, including developmental
  112  training and specialized therapies.
  113         (c) Support services, such as respite care, parent
  114  education and training, parent-to-parent counseling, homemaker
  115  services, and other services which allow families to maintain
  116  and provide quality care to children in their homes.
  117         (3) Other agencies of state government shall cooperate with
  118  and assist the agency, within available resources, in
  119  implementing programs which have the potential to prevent, or
  120  reduce the severity of, developmental disabilities and shall
  121  consider the findings and recommendations of the agency in
  122  developing and implementing agency programs and formulating
  123  agency budget requests.
  124         (4) There is created at the developmental disabilities
  125  center in Gainesville a research and education unit. Such unit
  126  shall be named the Raymond C. Philips Research and Education
  127  Unit. The functions of such unit shall include:
  128         (a) Research into the etiology of developmental
  129  disabilities.
  130         (b) Ensuring that new knowledge is rapidly disseminated
  131  throughout the agency.
  132         (c) Diagnosis of unusual conditions and syndromes
  133  associated with developmental disabilities in clients identified
  134  throughout developmental disabilities programs.
  135         (d) Evaluation of families of clients with developmental
  136  disabilities of genetic origin in order to provide them with
  137  genetic counseling aimed at preventing the recurrence of the
  138  disorder in other family members.
  139         (e) Ensuring that health professionals in the developmental
  140  disabilities center at Gainesville have access to information
  141  systems that will allow them to remain updated on newer
  142  knowledge and maintain their postgraduate education standards.
  143         (f) Enhancing staff training for professionals throughout
  144  the agency in the areas of genetics and developmental
  145  disabilities.
  146         Section 2. Subsection (1) and paragraph (d) of subsection
  147  (5) of section 393.065, Florida Statutes, are amended to read:
  148         393.065 Application and eligibility determination.—
  149         (1)(a) The agency shall develop and implement an online
  150  application process that, at a minimum, supports paperless,
  151  electronic application submissions with immediate e-mail
  152  confirmation to each applicant to acknowledge receipt of
  153  application upon submission. The online application system must
  154  allow an applicant to review the status of a submitted
  155  application and respond to provide additional information.
  156         (b) The agency shall maintain access to a printable paper
  157  application on its website and, upon request, must provide an
  158  applicant with a printed paper application. Paper applications
  159  may Application for services shall be submitted made in writing
  160  to the agency, in the region in which the applicant resides,
  161  sent to a central or regional address through regular United
  162  States mail, or faxed to a central or regional confidential fax
  163  number. The agency shall acknowledge receipt of all applications
  164  it receives, regardless of the manner of submission, with an
  165  immediate receipt confirmation provided in the same manner in
  166  which the application was received, unless the applicant has
  167  designated an alternative preferred method of communication on
  168  the submitted application.
  169         (c) The agency must shall review each submitted application
  170  in accordance with federal time standards and make an
  171  eligibility determination within 60 days after receipt of the
  172  signed application. If, at the time of the application, an
  173  applicant is requesting enrollment in the home and community
  174  based services Medicaid waiver program for individuals with
  175  developmental disabilities deemed to be in crisis, as described
  176  in paragraph (5)(a), the agency shall complete an eligibility
  177  determination within 45 days after receipt of the signed
  178  application.
  179         1.(a) If the agency determines additional documentation is
  180  necessary to make an eligibility determination, the agency may
  181  request the additional documentation from the applicant.
  182         2.(b) When necessary to definitively identify individual
  183  conditions or needs, the agency or its designee must provide a
  184  comprehensive assessment.
  185         (c) If the agency requests additional documentation from
  186  the applicant or provides or arranges for a comprehensive
  187  assessment, the agency’s eligibility determination must be
  188  completed within 90 days after receipt of the signed
  189  application.
  190         (d)1.For purposes of this paragraph, the term “complete
  191  application” means an application submitted to the agency which
  192  is signed and dated by the applicant or an individual with legal
  193  authority to apply for public benefits on behalf of the
  194  applicant, is responsive on all parts of the application, and
  195  contains documentation of a diagnosis.
  196         2.If the applicant requesting enrollment in the home and
  197  community-based services Medicaid waiver program for individuals
  198  with developmental disabilities is deemed to be in crisis as
  199  described in paragraph (5)(a), the agency must make an
  200  eligibility determination within 15 calendar days after receipt
  201  of a complete application.
  202         3.If the applicant meets the criteria specified in
  203  paragraph (5)(b), the agency must review and make an eligibility
  204  determination as soon as practicable after receipt of a complete
  205  application.
  206         4. If the application meets any of the criteria specified
  207  in paragraphs (5)(c)-(g), the agency must make an eligibility
  208  determination within 60 days after receipt of a complete
  209  application.
  210         (e)Any delays in the eligibility determination process, or
  211  any tolling of the time standard until certain information or
  212  actions have been completed, must be conveyed to the client as
  213  soon as such delays are known through verbal contact with the
  214  client or the client’s designated caregiver and confirmed by a
  215  written notice of the delay, the anticipated length of delay,
  216  and a contact person for the client.
  217         (5) Except as provided in subsections (6) and (7), if a
  218  client seeking enrollment in the developmental disabilities home
  219  and community-based services Medicaid waiver program meets the
  220  level of care requirement for an intermediate care facility for
  221  individuals with intellectual disabilities pursuant to 42 C.F.R.
  222  ss. 435.217(b)(1) and 440.150, the agency must assign the client
  223  to an appropriate preenrollment category pursuant to this
  224  subsection and must provide priority to clients waiting for
  225  waiver services in the following order:
  226         (d) Category 4, which includes, but is not required to be
  227  limited to, clients whose caregivers are 60 70 years of age or
  228  older and for whom a caregiver is required but no alternate
  229  caregiver is available.
  231  Within preenrollment categories 3, 4, 5, 6, and 7, the agency
  232  shall prioritize clients in the order of the date that the
  233  client is determined eligible for waiver services.
  234         Section 3. Section 393.0651, Florida Statutes, is amended
  235  to read:
  236         393.0651 Family or individual support plan.—The agency
  237  shall provide directly or contract for the development of a
  238  family support plan for children ages 3 to 18 years of age and
  239  an individual support plan for each client served by the home
  240  and community-based services Medicaid waiver program under s.
  241  393.0662. The client, if competent, the client’s parent or
  242  guardian, or, when appropriate, the client advocate, shall be
  243  consulted in the development of the plan and shall receive a
  244  copy of the plan. Each plan must include the most appropriate,
  245  least restrictive, and most cost-beneficial environment for
  246  accomplishment of the objectives for client progress and a
  247  specification of all services authorized. The plan must include
  248  provisions for the most appropriate level of care for the
  249  client. Within the specification of needs and services for each
  250  client, when residential care is necessary, the agency shall
  251  move toward placement of clients in residential facilities based
  252  within the client’s community. The ultimate goal of each plan,
  253  whenever possible, shall be to enable the client to live a
  254  dignified life in the least restrictive setting, be that in the
  255  home or in the community. The family or individual support plan
  256  must be developed within 60 calendar days after the agency
  257  determines the client eligible pursuant to s. 393.065(3).
  258         (1) The agency shall develop and specify by rule the core
  259  components of support plans.
  260         (2) The family or individual support plan shall be
  261  integrated with the individual education plan (IEP) for all
  262  clients who are public school students entitled to a free
  263  appropriate public education under the Individuals with
  264  Disabilities Education Act, I.D.E.A., as amended. The family or
  265  individual support plan and IEP must be implemented to maximize
  266  the attainment of educational and habilitation goals.
  267         (a) If the IEP for a student enrolled in a public school
  268  program indicates placement in a public or private residential
  269  program is necessary to provide special education and related
  270  services to a client, the local education agency must provide
  271  for the costs of that service in accordance with the
  272  requirements of the Individuals with Disabilities Education Act,
  273  I.D.E.A., as amended. This does not preclude local education
  274  agencies and the agency from sharing the residential service
  275  costs of students who are clients and require residential
  276  placement.
  277         (b) For clients who are entering or exiting the school
  278  system, an interdepartmental staffing team composed of
  279  representatives of the agency and the local school system shall
  280  develop a written transitional living and training plan with the
  281  participation of the client or with the parent or guardian of
  282  the client, or the client advocate, as appropriate.
  283         (3) Each family or individual support plan shall be
  284  facilitated through case management designed solely to advance
  285  the individual needs of the client.
  286         (4) In the development of the family or individual support
  287  plan, a client advocate may be appointed by the support planning
  288  team for a client who is a minor or for a client who is not
  289  capable of express and informed consent when:
  290         (a) The parent or guardian cannot be identified;
  291         (b) The whereabouts of the parent or guardian cannot be
  292  discovered; or
  293         (c) The state is the only legal representative of the
  294  client.
  296  Such appointment may not be construed to extend the powers of
  297  the client advocate to include any of those powers delegated by
  298  law to a legal guardian.
  299         (5) The agency shall place a client in the most appropriate
  300  and least restrictive, and cost-beneficial, residential facility
  301  according to his or her individual support plan. The client, if
  302  competent, the client’s parent or guardian, or, when
  303  appropriate, the client advocate, and the administrator of the
  304  facility to which placement is proposed shall be consulted in
  305  determining the appropriate placement for the client.
  306  Considerations for placement shall be made in the following
  307  order:
  308         (a) Client’s own home or the home of a family member or
  309  direct service provider.
  310         (b) Foster care facility.
  311         (c) Group home facility.
  312         (d) Intermediate care facility for the developmentally
  313  disabled.
  314         (e) Other facilities licensed by the agency which offer
  315  special programs for people with developmental disabilities.
  316         (f) Developmental disabilities center.
  317         (6) In developing a client’s annual family or individual
  318  support plan, the individual or family with the assistance of
  319  the support planning team shall identify measurable objectives
  320  for client progress and shall specify a time period expected for
  321  achievement of each objective.
  322         (7) The individual, family, and support coordinator shall
  323  review progress in achieving the objectives specified in each
  324  client’s family or individual support plan, and shall revise the
  325  plan annually, following consultation with the client, if
  326  competent, or with the parent or guardian of the client, or,
  327  when appropriate, the client advocate. The agency or designated
  328  contractor shall annually report in writing to the client, if
  329  competent, or to the parent or guardian of the client, or to the
  330  client advocate, when appropriate, with respect to the client’s
  331  habilitative and medical progress.
  332         (8) Any client, or any parent of a minor client, or
  333  guardian, authorized guardian advocate, or client advocate for a
  334  client, who is substantially affected by the client’s initial
  335  family or individual support plan, or the annual review thereof,
  336  shall have the right to file a notice to challenge the decision
  337  pursuant to ss. 120.569 and 120.57. Notice of such right to
  338  appeal shall be included in all support plans provided by the
  339  agency.
  340         (9)When developing or reviewing a client’s family or
  341  individual support plan, the waiver support coordinator shall
  342  inform the client, the client’s parent or guardian, or, when
  343  appropriate, the client advocate about the consumer-directed
  344  care program established under s. 409.221.
  345         Section 4. Type two transfer from the Department of
  346  Commerce.—All powers, duties, functions, records, offices,
  347  personnel, associated administrative support positions,
  348  property, pending issues, existing contracts, administrative
  349  authority, administrative rules, and unexpended balances of
  350  appropriations, allocations, and any other funds relating to the
  351  Florida Unique Abilities Partner Program are transferred by a
  352  type two transfer, as described in s. 20.06(2), Florida
  353  Statutes, from the Department of Commerce to the Agency for
  354  Persons with Disabilities.
  355         Section 5. Paragraph (c) of subsection (10) of section
  356  20.60, Florida Statutes, is amended to read:
  357         20.60 Department of Commerce; creation; powers and duties.—
  358         (10) The department shall, by November 1 of each year,
  359  submit an annual report to the Governor, the President of the
  360  Senate, and the Speaker of the House of Representatives on the
  361  condition of the business climate and economic development in
  362  the state.
  363         (c) The report must incorporate annual reports of other
  364  programs, including:
  365         1. A detailed report of the performance of the Black
  366  Business Loan Program and a cumulative summary of quarterly
  367  report data required under s. 288.714.
  368         2. The Rural Economic Development Initiative established
  369  under s. 288.0656.
  370         3. The Florida Unique Abilities Partner Program.
  371         4. A detailed report of the performance of the Florida
  372  Development Finance Corporation and a summary of the
  373  corporation’s report required under s. 288.9610.
  374         4.5. Information provided by Space Florida under s.
  375  331.3051 and an analysis of the activities and accomplishments
  376  of Space Florida.
  377         Section 6. Section 413.801, Florida Statutes, is amended to
  378  read:
  379         413.801 Florida Unique Abilities Partner Program.—
  380         (1) CREATION AND PURPOSE.—The Agency for Persons with
  381  Disabilities Department of Economic Opportunity shall establish
  382  the Florida Unique Abilities Partner Program to designate a
  383  business entity as a Florida Unique Abilities Partner if the
  384  business entity demonstrates commitment, through employment or
  385  support, to the independence of individuals who have a
  386  disability. The agency department shall consult with the
  387  Department of Commerce Agency for Persons with Disabilities, the
  388  Division of Vocational Rehabilitation of the Department of
  389  Education, the Division of Blind Services of the Department of
  390  Education, and CareerSource Florida, Inc., in creating the
  391  program.
  392         (2) DEFINITIONS.—As used in this section, the term:
  393         (a) “Agency Department” means the Agency for Persons with
  394  Disabilities Department of Economic Opportunity.
  395         (b) “Individuals who have a disability” means persons who
  396  have a physical or intellectual impairment that substantially
  397  limits one or more major life activities, persons who have a
  398  history or record of such an impairment, or persons who are
  399  perceived by others as having such an impairment.
  400         (3) DESIGNATION.—
  401         (a) A business entity may apply to the agency department to
  402  be designated as a Florida Unique Abilities Partner, based on
  403  the business entity’s achievements in at least one of the
  404  following categories:
  405         1. Employment of individuals who have a disability.
  406         2. Contributions to local or national disability
  407  organizations.
  408         3. Contributions to, or the establishment of, a program
  409  that contributes to the independence of individuals who have a
  410  disability.
  411         (b) As an alternative to application by a business entity,
  412  the agency department must consider nominations from members of
  413  the community where the business entity is located. The
  414  nomination must identify the business entity’s achievements in
  415  at least one of the categories provided in paragraph (a).
  416         (c) The name, location, and contact information of the
  417  business entity must be included in the business entity’s
  418  application or nomination.
  419         (d) The agency department shall adopt procedures for the
  420  application, nomination, and designation processes for the
  421  Florida Unique Abilities Partner Program. Designation as a
  422  Florida Unique Abilities Partner does not establish or involve
  423  licensure, does not affect the substantial interests of a party,
  424  and does not constitute a final agency action. The Florida
  425  Unique Abilities Partner Program and designation are not subject
  426  to chapter 120.
  427         (4) ELIGIBILITY AND AWARD.—In determining the eligibility
  428  for the designation of a business entity as a Florida Unique
  429  Abilities Partner, the agency department shall consider, at a
  430  minimum, the following criteria:
  431         (a) For a designation based on an application by a business
  432  entity, the business entity must certify that:
  433         1. It employs at least one individual who has a disability.
  434  Such employees must be residents of this state and must have
  435  been employed by the business entity for at least 9 months
  436  before the business entity’s application for the designation.
  437  The agency department may not require the employer to provide
  438  personally identifiable information about its employees;
  439         2. It has made contributions to local and national
  440  disability organizations or contributions in support of
  441  individuals who have a disability. Contributions may be
  442  accomplished through financial or in-kind contributions,
  443  including employee volunteer hours. Contributions must be
  444  documented by providing copies of written receipts or letters of
  445  acknowledgment from recipients or donees. A business entity with
  446  100 or fewer employees must make a financial or in-kind
  447  contribution of at least $1,000, and a business entity with more
  448  than 100 employees must make a financial or in-kind contribution
  449  of at least $5,000; or
  450         3. It has established, or has contributed to the
  451  establishment of, a program that contributes to the independence
  452  of individuals who have a disability. Contributions must be
  453  documented by providing copies of written receipts, a summary of
  454  the program, program materials, or letters of acknowledgment
  455  from program participants or volunteers. A business entity with
  456  100 or fewer employees must make a financial or in-kind
  457  contribution of at least $1,000 in the program, and a business
  458  entity with more than 100 employees must make a financial or in
  459  kind contribution of at least $5,000.
  461  A business entity that applies to the agency department to be
  462  designated as a Florida Unique Abilities Partner shall be
  463  awarded the designation upon meeting the requirements of this
  464  section.
  465         (b) For a designation based upon receipt of a nomination of
  466  a business entity:
  467         1. The agency department shall determine whether the
  468  nominee, based on the information provided by the nominating
  469  person or entity, meets the requirements of paragraph (a). The
  470  agency department may request additional information from the
  471  nominee.
  472         2. If the nominee meets the requirements, the agency
  473  department shall provide notice, including the qualification
  474  criteria provided in the nomination, to the nominee regarding
  475  the nominee’s eligibility to be awarded a designation as a
  476  Florida Unique Abilities Partner.
  477         3. The nominee shall be provided 30 days after receipt of
  478  the notice to certify that the information in the notice is true
  479  and accurate and accept the nomination, to provide corrected
  480  information for consideration by the agency department and
  481  indicate an intention to accept the nomination, or to decline
  482  the nomination. If the nominee accepts the nomination, the
  483  agency department shall award the designation. The agency
  484  department may not award the designation if the nominee declines
  485  the nomination or has not accepted the nomination within 30 days
  486  after receiving notice.
  487         (5) ANNUAL CERTIFICATION.—After an initial designation as a
  488  Florida Unique Abilities Partner, a business entity must certify
  489  each year that it continues to meet the criteria for the
  490  designation. If the business entity does not submit the yearly
  491  certification of continued eligibility, the agency department
  492  shall remove the designation. The business entity may elect to
  493  discontinue its designation status at any time by notifying the
  494  agency department of such decision.
  495         (6) LOGO DEVELOPMENT.—
  496         (a) The agency department, in consultation with members of
  497  the disability community, shall develop a logo that identifies a
  498  business entity that is designated as a Florida Unique Abilities
  499  Partner.
  500         (b) The agency department shall adopt guidelines and
  501  requirements for the use of the logo, including how the logo may
  502  be used in advertising. The agency department may allow a
  503  business entity to display a Florida Unique Abilities Partner
  504  logo upon designation. A business entity that has not been
  505  designated as a Florida Unique Abilities Partner or has elected
  506  to discontinue its designated status may not display the logo.
  507         (7) WEBSITE.—The agency department shall maintain a website
  508  for the program. At a minimum, the website must provide a list
  509  of business entities, by county, which currently have the
  510  Florida Unique Abilities Partner designation, updated quarterly;
  511  information regarding the eligibility requirements for the
  512  designation and the method of application or nomination; and
  513  best practices for business entities to facilitate the inclusion
  514  of individuals who have a disability, updated annually. The
  515  website may provide links to the websites of organizations or
  516  other resources that will aid business entities to employ or
  517  support individuals who have a disability.
  519         (a) The Department of Commerce Agency for Persons with
  520  Disabilities shall provide a link on its website to the agency’s
  521  department’s website for the Florida Unique Abilities Partner
  522  Program.
  523         (b) On a quarterly basis, the agency department shall
  524  provide the Florida Tourism Industry Marketing Corporation with
  525  a current list of all businesses that are designated as Florida
  526  Unique Abilities Partners. The Florida Tourism Industry
  527  Marketing Corporation must consider the Florida Unique Abilities
  528  Partner Program in the development of marketing campaigns, and
  529  specifically in any targeted marketing campaign for individuals
  530  who have a disability or their families.
  531         (c) The agency department and CareerSource Florida, Inc.,
  532  shall identify employment opportunities posted by business
  533  entities that currently have the Florida Unique Abilities
  534  Partner designation in the workforce information system under s.
  535  445.011.
  536         (9) REPORT.—
  537         (a) By January 1, 2025, and annually thereafter 2017, the
  538  agency department shall provide a report on the progress and use
  539  of the program to the President of the Senate and the Speaker of
  540  the House of Representatives on the status of the implementation
  541  of this section, including the adoption of rules, development of
  542  the logo, and development of application procedures.
  543         (b) Beginning in 2017 and each year thereafter, the
  544  department’s annual report required under s. 20.60 must describe
  545  in detail the progress and use of the program. At a minimum, the
  546  report must include, for the most recent year, all of the
  547  following:
  548         (a) The number of applications and nominations received.;
  549         (b) The number of nominations accepted and declined.;
  550         (c) The number of designations awarded.;
  551         (d) Annual certifications.;
  552         (e) The use of information provided under subsection (8).;
  553  and
  554         (f) Any other information the agency deems deemed necessary
  555  to evaluate the program.
  556         (10) RULES.—The agency department shall adopt rules to
  557  administer this section.
  558         Section 7. For the 2024-2025 fiscal year, the sums of
  559  $16,562,703 in recurring funds from the General Revenue Fund and
  560  $22,289,520 in recurring funds from the Operations and
  561  Maintenance Trust Fund are appropriated in the Home and
  562  Community Based Services Waiver category to the Agency for
  563  Persons with Disabilities to offer waiver services to the
  564  greatest number of individuals permissible under the
  565  appropriation from preenrollment categories 3, 4, and 5,
  566  including individuals whose caregiver is age 60 or older in
  567  category 4, as provided in s. 393.065, Florida Statutes, as
  568  amended by this act.
  569         Section 8. The Agency for Health Care Administration and
  570  the Agency for Persons with Disabilities, in consultation with
  571  other stakeholders, shall jointly develop a comprehensive plan
  572  for the administration, finance, and delivery of home and
  573  community-based services through a new home and community-based
  574  services Medicaid waiver program. The waiver program shall be
  575  for clients transitioning into adulthood and shall be designed
  576  to prevent future crisis enrollment into the waiver program
  577  authorized under s. 393.0662, Florida Statutes. The Agency for
  578  Health Care Administration is authorized to contract with
  579  necessary experts, in consultation with the Agency for Persons
  580  with Disabilities, to assist in developing the plan. The Agency
  581  for Persons with Disabilities, in consultation with the Agency
  582  for Health Care Administration, must submit a report to the
  583  Governor, the President of the Senate, and the Speaker of the
  584  House of Representatives by December 1, 2024, addressing, at a
  585  minimum, all of the following:
  586         (1)The purpose, rationale, and expected benefits of the
  587  new waiver program.
  588         (2)The proposed eligibility criteria for clients and
  589  service packages to be offered through the new waiver program.
  590         (3)A proposed implementation plan and timeline, including
  591  recommendations for the number of clients to be served by the
  592  new waiver program at initial implementation, changes over time,
  593  and any per-client benefit caps.
  594         (4)Proposals for how clients will transition onto and off
  595  of the new waiver, including, but not limited to, transitions
  596  between this new waiver and the waiver established under s.
  597  393.0662, Florida Statutes.
  598         (5)The fiscal impact for the implementation year and
  599  projections for the subsequent 5 years, determined on an
  600  actuarially sound basis.
  601         (6)An analysis of the availability of services that would
  602  be offered under the new waiver program and recommendations to
  603  increase availability of such services, if necessary.
  604         (7)A list of all stakeholders, public and private, who
  605  were consulted or contacted as part of developing the plan for
  606  the new waiver program.
  607         Section 9. This act shall take effect July 1, 2024.