Senate Bill sb0150

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    Florida Senate - 2003                                   SB 150

    By Senator Wasserman Schultz





    34-226-03

  1                      A bill to be entitled

  2         An act relating to developmental disabilities;

  3         amending s. 393.063, F.S.; adding the genetic

  4         disease familial dysautonomia to the list of

  5         disabilities defined and covered under ch. 393,

  6         F.S.; amending ss. 92.53, 400.464, 419.001,

  7         914.16, 914.17, and 918.16, F.S., relating to

  8         testimony of victims and witnesses, home health

  9         agencies, community residential homes, and

10         victims and witnesses who are minors or persons

11         with mental retardation; conforming

12         cross-references to changes made by the act;

13         providing an effective date.

14  

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

16  

17         Section 1.  Subsections (12) and (19) of section

18  393.063, Florida Statutes, are amended, present subsections

19  (21) through (52) of that section are redesignated as

20  subsections (22) through (53), respectively, and a new

21  subsection (21) is added to that section, to read:

22         393.063  Definitions.--For the purposes of this

23  chapter:

24         (12)  "Developmental disability" means a disorder or

25  syndrome that is attributable to retardation, cerebral palsy,

26  autism, spina bifida, familial dysautonomia, or Prader-Willi

27  syndrome and that constitutes a substantial handicap that can

28  reasonably be expected to continue indefinitely.

29         (19)  "Epilepsy" means a chronic brain disorder of

30  various causes which is characterized by recurrent seizures

31  due to excessive discharge of cerebral neurons.  When found

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    Florida Senate - 2003                                   SB 150
    34-226-03




 1  concurrently with retardation, autism, familial dysautonomia

 2  or cerebral palsy, epilepsy is considered a secondary

 3  disability for which the client is eligible to receive

 4  services to ameliorate this condition according to the

 5  provisions of this chapter.

 6         (21)  "Familial dysautonomia" means a genetic

 7  neurological condition characterized by decreased pain and

 8  temperature sensation, absence of overflow tearing, pernicious

 9  vomiting, spine curvature, and blood pressure lability. The

10  incidence of the disease within the Ashkenazi Jewish

11  population is one in 3,600, based on an estimated carrier

12  frequency of one in 32. Genetic testing is available using DNA

13  diagnostics with an accuracy of 99 percent. The carrier

14  frequency in non-Jewish individuals is unknown.

15         Section 2.  Subsection (1) of section 92.53, Florida

16  Statutes, is amended to read:

17         92.53  Videotaping of testimony of victim or witness

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

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

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

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

22  retardation as defined in s. 393.063 s. 393.063(42) would

23  suffer at least moderate emotional or mental harm due to the

24  presence of the defendant if the child or person with mental

25  retardation is required to testify in open court, or that such

26  victim or witness is otherwise unavailable as defined in s.

27  90.804(1), the trial court may order the videotaping of the

28  testimony of the victim or witness in a case, whether civil or

29  criminal in nature, in which videotaped testimony is to be

30  utilized at trial in lieu of trial testimony in open court.

31  

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 1         Section 3.  Paragraph (b) of subsection (5) of section

 2  400.464, Florida Statutes, is amended to read:

 3         400.464  Home health agencies to be licensed;

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

 5         (5)  The following are exempt from the licensure

 6  requirements of this part:

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

 8  either directly or through a contractor with:

 9         1.  The Department of Elderly Affairs.

10         2.  The Department of Health, a community health

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

12  for the purpose of providing environmental assessments, case

13  management, health education, personal care services, family

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

15  monitoring and tracking disease.

16         3.  Services provided to persons who have developmental

17  disabilities, as defined in s. 393.063 s. 393.063(12).

18         4.  Companion and sitter organizations that were

19  registered under s. 400.509(1) on January 1, 1999, and were

20  authorized to provide personal services under s. 393.063 s.

21  393.063(33) under a developmental services provider

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

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

24  organization who need such services, notwithstanding the

25  provisions of this act.

26         5.  The Department of Children and Family Services.

27         Section 4.  Paragraph (d) of subsection (1) of section

28  419.001, Florida Statutes, is amended to read:

29         419.001  Site selection of community residential

30  homes.--

31  

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 1         (1)  For the purposes of this section, the following

 2  definitions shall apply:

 3         (d)  "Resident" means any of the following:  a frail

 4  elder as defined in s. 400.618; a physically disabled or

 5  handicapped person as defined in s. 760.22(7)(a); a

 6  developmentally disabled person as defined in s. 393.063 s.

 7  393.063(12); a nondangerous mentally ill person as defined in

 8  s. 394.455(18); or a child as defined in s. 39.01(14), s.

 9  984.03(9) or (12), or s. 985.03(8).

10         Section 5.  Section 914.16, Florida Statutes, is

11  amended to read:

12         914.16  Child abuse and sexual abuse of victims under

13  age 16 or persons with mental retardation; limits on

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

15  consultation with the state attorney and the public defender

16  for the judicial circuit, the appropriate chief law

17  enforcement officer, and any other person deemed appropriate

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

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

20  794.011, s. 800.04, or s. 827.03 who is under 16 years of age

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

22  800.03, or s. 825.102 who is a person with mental retardation

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

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

25  extent possible, protect the victim from the psychological

26  damage of repeated interrogations while preserving the rights

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

28  violation.

29         Section 6.  Subsection (2) of section 914.17, Florida

30  Statutes, is amended to read:

31  

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 1         914.17  Appointment of advocate for victims or

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

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

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

 5  393.063 s. 393.063(42) in any criminal proceeding if the

 6  person with mental retardation is a victim of or witness to

 7  abuse or neglect, or if the person with mental retardation is

 8  a victim of a sexual offense or a witness to a sexual offense

 9  committed against a minor or person with mental retardation.

10  The court may appoint an advocate in any other criminal

11  proceeding in which a person with mental retardation is

12  involved as either a victim or a witness. The advocate shall

13  have full access to all evidence and reports introduced during

14  the proceedings, may interview witnesses, may make

15  recommendations to the court, shall be noticed and have the

16  right to appear on behalf of the person with mental

17  retardation at all proceedings, and may request additional

18  examinations by medical doctors, psychiatrists, or

19  psychologists. It is the duty of the advocate to perform the

20  following services:

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

22  person with mental retardation, all legal proceedings in which

23  the person shall be involved;

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

25  judge, whenever appropriate, of the person with mental

26  retardation's ability to understand and cooperate with any

27  court proceedings; and

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

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

30  the crime and subsequent criminal proceedings in which the

31  person with mental retardation is involved.

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 1         Section 7.  Subsection (1) of section 918.16, Florida

 2  Statutes, is amended to read:

 3         918.16  Sex offenses; testimony of person under age 16

 4  or person with mental retardation; testimony of victim;

 5  courtroom cleared; exceptions.--

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

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

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

 9  393.063 s. 393.063(42) is testifying concerning any sex

10  offense, the court shall clear the courtroom of all persons

11  except parties to the cause and their immediate families or

12  guardians, attorneys and their secretaries, officers of the

13  court, jurors, newspaper reporters or broadcasters, court

14  reporters, and, at the request of the victim, victim or

15  witness advocates designated by the state attorney's office.

16         Section 8.  This act shall take effect July 1, 2003.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Defines the term "familial dysautonomia" and adds this
      genetic disease to the list of developmental disabilities
21    covered under ch. 393, F.S.

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