Florida Senate - 2026                              CS for SB 794
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Jones
       
       
       
       
       586-02687-26                                           2026794c1
    1                        A bill to be entitled                      
    2         An act relating to the Agency for Persons with
    3         Disabilities; amending s. 393.0655, F.S.; requiring
    4         level 2 employment screening for all employees of
    5         residential facilities and adult day training
    6         programs; providing background screening requirements
    7         for such employees; requiring the agency to contract
    8         with a state university to develop and administer
    9         certain surveys for a specified purpose; specifying
   10         requirements for such surveys; requiring the state
   11         university to submit a final report to the agency by a
   12         specified date; requiring the agency to solicit input
   13         and conduct publicly noticed hearings for a specified
   14         purpose in each service region; requiring the agency
   15         to conduct or contract for a gap analysis to make
   16         certain assessments; requiring the agency to use
   17         certain information to identify certain core
   18         competencies and performance metrics and make
   19         recommendations for standardizing assessments;
   20         requiring the agency to submit a report of its
   21         findings and recommendations to the Governor and the
   22         Legislature by a specified date; providing an
   23         effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (1) of section 393.0655, Florida
   28  Statutes, is amended to read:
   29         393.0655 Screening of direct service providers.—
   30         (1) MINIMUM STANDARDS.—The agency shall require level 2
   31  employment screening pursuant to chapter 435 for direct service
   32  providers who are unrelated to their clients, including support
   33  coordinators, and all employees managers and supervisors of
   34  residential facilities or adult day training programs licensed
   35  under this chapter and any other persons, including volunteers,
   36  who provide care or services, who have access to a client’s
   37  living areas, or who have access to a client’s funds or personal
   38  property. Background screening for all employees must include
   39  employment history checks as provided in s. 435.03(1) and local
   40  criminal records checks through local law enforcement agencies.
   41         (a) A volunteer who assists on an intermittent basis for
   42  less than 10 hours per month does not have to be screened if a
   43  person who meets the screening requirement of this section is
   44  always present and has the volunteer within his or her line of
   45  sight.
   46         (b) Licensed physicians, nurses, or other professionals
   47  licensed and regulated by the Department of Health are not
   48  subject to background screening pursuant to this section if they
   49  are providing a service that is within their scope of licensed
   50  practice.
   51         (c) A person selected by the family or the individual with
   52  developmental disabilities and paid by the family or the
   53  individual to provide supports or services is not required to
   54  have a background screening under this section.
   55         (d) Persons 12 years of age or older, including family
   56  members, residing with a direct services provider who provides
   57  services to clients in his or her own place of residence are
   58  subject to background screening; however, such persons who are
   59  12 to 18 years of age shall be screened for delinquency records
   60  only.
   61         Section 2. (1)(a)For purposes of enhancing the quality,
   62  capacity, and consistency of waiver support coordination
   63  services, the Agency for Persons with Disabilities shall
   64  contract with a state university to develop and administer
   65  surveys regarding waiver support coordination services. The
   66  university shall administer surveys to owners and operators of
   67  all qualified organizations in this state; support coordinators
   68  currently employed by a qualified organization; and iBudget
   69  clients and their parents, caregivers, or legal guardians.
   70         1.The surveys must, at a minimum, solicit data and input
   71  regarding:
   72         a.The quality, consistency, and accessibility of services
   73  provided by support coordinators.
   74         b.Attributes and behaviors that define high-quality
   75  support coordination.
   76         c.Best practices and areas for improvement.
   77         d.Quantitative and qualitative metrics suitable for
   78  assessing support coordinator performance.
   79         e.Any other factors deemed pertinent by the university or
   80  the agency to improve service delivery.
   81         2.Surveys of qualified organizations must also
   82  specifically address:
   83         a.Professional and educational prerequisites established
   84  by the organization for employment as a support coordinator.
   85         b.Methods used to assess core competencies.
   86         c.The efficacy of the mentoring program required under s.
   87  393.0663(2)(b), Florida Statutes.
   88         d.Operational and systemic challenges with recruitment and
   89  retention of qualified support coordinators.
   90         3.Surveys of individual waiver support coordinators must
   91  also specifically address:
   92         a.Individual caseload ratios, capacity, and geographic
   93  service areas.
   94         b.The efficacy of the mentoring program required under s.
   95  393.0663(2)(b), Florida Statutes.
   96         c.Operational and systemic challenges to delivery of
   97  effective support coordination.
   98         4.Surveys of iBudget clients and their parents,
   99  caregivers, or legal guardians must also specifically address
  100  satisfaction with support coordination services.
  101         (b)By October 1, 2026, the state university must submit a
  102  final report to the agency, including a compilation and analysis
  103  of the survey results.
  104         (2)The agency shall solicit input on enhancing support
  105  coordinator quality, capacity, and consistency from the whole
  106  community of waiver program stakeholders, and shall conduct at
  107  least one publicly noticed hearing for this purpose in each
  108  service region.
  109         (3)The agency shall conduct or contract for a gap analysis
  110  to assess the geographic distribution and caseload capacity of
  111  waiver support coordinators across this state.
  112         (4)Using the information gathered under this section, the
  113  agency shall identify specific core competencies for waiver
  114  support coordinators, identify specific performance metrics to
  115  assess those core competencies, and make recommendations on how
  116  to standardize their assessment. By February 15, 2027, the
  117  agency shall submit a report to the Governor, the President of
  118  the Senate, and the Speaker of the House of Representatives on
  119  its findings and recommendations, and include the full report
  120  submitted by the state university under subsection (1).
  121         Section 3. This act shall take effect upon becoming a law.