Senate Bill 1762

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



    Florida Senate - 2000                                  SB 1762

    By Senator McKay





    26-1037-00                                              See HB

  1                      A bill to be entitled

  2         An act relating to obsolete, expired, or

  3         repealed provisions of law; repealing various

  4         provisions of law that have become obsolete,

  5         have had their effect, have served their

  6         purpose, or have been impliedly repealed or

  7         superseded; repealing s. 393.067(18), F.S.,

  8         relating to a plan to phase out unlicensed beds

  9         in developmental services institutions;

10         repealing s. 393.22(2), F.S., relating to

11         review and identification of programs that have

12         barriers to services for clients based on

13         categorical disabilities and development of a

14         plan to eliminate barriers to appropriate

15         services; repealing ss. 393.31, 393.32, and

16         393.50, F.S., relating to the extended

17         employment program for developmentally disabled

18         persons; repealing s. 393.063(21) and (22),

19         F.S., relating to the definitions of "extended

20         employee" and "extended employment," to

21         conform; amending ss. 92.53, 400.464, 914.16,

22         914.17, and 918.16, F.S.; conforming

23         cross-references; repealing s. 393.501(3),

24         F.S., relating to a deadline for adoption of

25         rules on policies and procedures affecting

26         clients or applicants, and their families,

27         under ch. 393, F.S., the Developmental

28         Disabilities Prevention and Community Services

29         Act; repealing s. 397.407(2), F.S., relating to

30         a report to the Legislature on the level of

31         licensure fees needed to cover the cost of

                                  1

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






    Florida Senate - 2000                                  SB 1762
    26-1037-00                                              See HB




  1         regulation of substance abuse service

  2         providers; repealing s. 400.4415, F.S.,

  3         relating to the assisted living facilities

  4         advisory committee; repealing s. 419.002, F.S.,

  5         relating to the statewide registry of licensed

  6         community residential homes; repealing s.

  7         430.710, F.S., relating to the long-term care

  8         interagency advisory council; repealing s. 142,

  9         ch. 95-418, Laws of Florida, relating to the

10         Panel for the Study of Skilled Nursing Care;

11         repealing s. 5, ch. 98-85, Laws of Florida,

12         relating to a workgroup on Medicaid patient

13         access to nursing home beds; providing an

14         effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Subsection (18) of section 393.067, Florida

19  Statutes, is repealed.

20         Section 2.  Subsection (2) of section 393.22, Florida

21  Statutes, is repealed.

22         Section 3.  Subsections (21) and (22) of section

23  393.063, Florida Statutes, and sections 393.31, 393.32, and

24  393.50, Florida Statutes, are repealed.

25         Section 4.  Subsection (1) of section 92.53, Florida

26  Statutes, is amended to read:

27         92.53  Videotaping of testimony of victim or witness

28  under age 16 or person with mental retardation.--

29         (1)  On motion and hearing in camera and a finding that

30  there is a substantial likelihood that a victim or witness who

31  is under the age of 16 or who is a person with mental

                                  2

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






    Florida Senate - 2000                                  SB 1762
    26-1037-00                                              See HB




  1  retardation as defined in s. 393.063(42)(44) would suffer at

  2  least moderate emotional or mental harm due to the presence of

  3  the defendant if the child or person with mental retardation

  4  is required to testify in open court, or that such victim or

  5  witness is otherwise unavailable as defined in s. 90.804(1),

  6  the trial court may order the videotaping of the testimony of

  7  the victim or witness in a case, whether civil or criminal in

  8  nature, in which videotaped testimony is to be utilized at

  9  trial in lieu of trial testimony in open court.

10         Section 5.  Paragraph (b) of subsection (6) of section

11  400.464, Florida Statutes, is amended to read:

12         400.464  Home health agencies to be licensed;

13  expiration of license; exemptions; unlawful acts; penalties.--

14         (6)  The following are exempt from the licensure

15  requirements of this part:

16         (b)  Home health services provided by a state agency,

17  either directly or through a contractor with:

18         1.  The Department of Elderly Affairs.

19         2.  The Department of Health, a community health

20  center, or a rural health network that furnishes home visits

21  for the purpose of providing environmental assessments, case

22  management, health education, personal care services, family

23  planning, or followup treatment, or for the purpose of

24  monitoring and tracking disease.

25         3.  Services provided to persons who have developmental

26  disabilities, as defined in s. 393.063(11).

27         4.  Companion and sitter organizations that were

28  registered under s. 440.509(1) on January 1, 1999, and were

29  authorized to provide personal services under s.

30  393.063(33)(35) under a developmental services provider

31  certificate on January 1, 1999, may continue to provide such

                                  3

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






    Florida Senate - 2000                                  SB 1762
    26-1037-00                                              See HB




  1  services to past, present, and future clients of the

  2  organization who need such services, notwithstanding the

  3  provisions of this act.

  4         5.  The Department of Children and Family Services.

  5         Section 6.  Section 914.16, Florida Statutes, is

  6  amended to read:

  7         914.16  Child abuse and sexual abuse of victims under

  8  age 16 or persons with mental retardation; limits on

  9  interviews.--The chief judge of each judicial circuit, after

10  consultation with the state attorney and the public defender

11  for the judicial circuit, the appropriate chief law

12  enforcement officer, and any other person deemed appropriate

13  by the chief judge, shall provide by order reasonable limits

14  on the number of interviews that a victim of a violation of s.

15  794.011, s. 800.04, or s. 827.03 who is under 16 years of age

16  or a victim of a violation of s. 794.011, s. 800.02, s.

17  800.03, or s. 825.102 who is a person with mental retardation

18  as defined in s. 393.063(42)(44) must submit to for law

19  enforcement or discovery purposes.  The order shall, to the

20  extent possible, protect the victim from the psychological

21  damage of repeated interrogations while preserving the rights

22  of the public, the victim, and the person charged with the

23  violation.

24         Section 7.  Subsection (2) of section 914.17, Florida

25  Statutes, is amended to read:

26         914.17  Appointment of advocate for victims or

27  witnesses who are minors or persons with mental retardation.--

28         (2)  An advocate shall be appointed by the court to

29  represent a person with mental retardation as defined in s.

30  393.063(42)(44) in any criminal proceeding if the person with

31  mental retardation is a victim of or witness to abuse or

                                  4

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






    Florida Senate - 2000                                  SB 1762
    26-1037-00                                              See HB




  1  neglect, or if the person with mental retardation is a victim

  2  of a sexual offense or a witness to a sexual offense committed

  3  against a minor or person with mental retardation. The court

  4  may appoint an advocate in any other criminal proceeding in

  5  which a person with mental retardation is involved as either a

  6  victim or a witness. The advocate shall have full access to

  7  all evidence and reports introduced during the proceedings,

  8  may interview witnesses, may make recommendations to the

  9  court, shall be noticed and have the right to appear on behalf

10  of the person with mental retardation at all proceedings, and

11  may request additional examinations by medical doctors,

12  psychiatrists, or psychologists. It is the duty of the

13  advocate to perform the following services:

14         (a)  To explain, in language understandable to the

15  person with mental retardation, all legal proceedings in which

16  the person shall be involved;

17         (b)  To act, as a friend of the court, to advise the

18  judge, whenever appropriate, of the person with mental

19  retardation's ability to understand and cooperate with any

20  court proceedings; and

21         (c)  To assist the person with mental retardation and

22  the person's family in coping with the emotional effects of

23  the crime and subsequent criminal proceedings in which the

24  person with mental retardation is involved.

25         Section 8.  Subsection (1) of section 918.16, Florida

26  Statutes, is amended to read:

27         918.16  Sex offenses; testimony of person under age 16

28  or person with mental retardation; testimony of victim;

29  courtroom cleared; exceptions.--

30         (1)  Except as provided in subsection (2), in the trial

31  of any case, civil or criminal, when any person under the age

                                  5

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






    Florida Senate - 2000                                  SB 1762
    26-1037-00                                              See HB




  1  of 16 or any person with mental retardation as defined in s.

  2  393.063(42)(44) is testifying concerning any sex offense, the

  3  court shall clear the courtroom of all persons except parties

  4  to the cause and their immediate families or guardians,

  5  attorneys and their secretaries, officers of the court,

  6  jurors, newspaper reporters or broadcasters, court reporters,

  7  and, at the request of the victim, victim or witness advocates

  8  designated by the state attorney's office.

  9         Section 9.  Subsection (3) of section 393.501, Florida

10  Statutes, is repealed.

11         Section 10.  Subsection (2) of section 397.407, Florida

12  Statutes, is repealed.

13         Section 11.  Section 400.4415, Florida Statutes, is

14  repealed.

15         Section 12.  Section 419.002, Florida Statutes, is

16  repealed.

17         Section 13.  Section 430.710, Florida Statutes, is

18  repealed.

19         Section 14.  Section 142 of chapter 95-418, Laws of

20  Florida, is repealed.

21         Section 15.  Section 5 of chapter 98-85, Laws of

22  Florida, is repealed.

23         Section 16.  This act shall take effect upon becoming a

24  law.

25

26

27

28

29

30

31

                                  6

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






    Florida Senate - 2000                                  SB 1762
    26-1037-00                                              See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Repeals various provisions of law that have become
  4    obsolete, have had their effect, have served their
      purpose, or have been impliedly repealed or superseded.
  5    Repeals provisions relating to a plan to phase out
      unlicensed beds in developmental services institutions;
  6    review and identification of programs that have barriers
      to services for clients based on categorical disabilities
  7    and development of a plan to eliminate barriers to
      appropriate services; the extended employment program for
  8    developmentally disabled persons; a deadline for adoption
      of rules on policies and procedures affecting clients or
  9    applicants, and their families, under ch. 393, F.S., the
      Developmental Disabilities Prevention and Community
10    Services Act; a report to the Legislature on the level of
      licensure fees needed to cover the cost of regulation of
11    substance abuse service providers; the assisted living
      facilities advisory committee; the statewide registry of
12    licensed community residential homes; the long-term care
      interagency advisory council; the Panel for the Study of
13    Skilled Nursing Care; and a workgroup on Medicaid patient
      access to nursing home beds.
14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  7