HB 1903

1	A bill to be entitled
2	An act relating to administration of the state's social
3	and economic programs; amending s. 39.301, F.S.; revising
4	the requirements of a risk assessment conducted by the
5	Department of Children and Family Services; requiring the
6	department to develop and implement safety and case plans
7	when determined necessary by such assessment; amending s.
8	39.701, F.S.; clarifying intent; eliminating a requirement
9	for a court hearing; providing for citizen reviews;
10	distinguishing a court hearing from a citizen review;
11	amending s. 120.80, F.S.; including certain hearings
12	conducted by the Agency for Health Care Administration in
13	the exception for an administrative law judge to preside
14	over such hearings; amending s. 393.062, F.S.; providing
15	additional legislative intent relating to individuals with
16	developmental disabilities; amending s. 393.0655, F.S.;
17	providing for additional personnel to be included in
18	screening requirements; requiring an employment history
19	check in such screening; amending s. 393.066, F.S.;
20	requiring the developmental services program to provide
21	supports and services to certain individuals; amending s.
22	400.0255, F.S.; renaming the Office of Appeals Hearings
23	and placing it in the agency; providing rulemaking
24	authority; amending s. 408.15, F.S.; authorizing the
25	agency to establish and conduct Medicaid hearings;
26	amending s. 409.91195, F.S.; moving certain duties from
27	the department to the agency; amending s. 410.604, F.S.;
28	eliminating a requirement that the department charge fees
29	for certain services provided to disabled adults; amending
30	s. 415.102, F.S.; revising a definition; amending s.
31	415.1113, F.S.; providing for representation by counsel at
32	certain hearings relating to false report of abuse,
33	neglect, or exploitation of a vulnerable adult; requiring
34	notification of this right; amending s. 420.622, F.S.;
35	correcting the name of a coalition; providing activities
36	to which funds for homeless housing assistance may be
37	allocated; amending s. 420.623, F.S.; revising the
38	submission deadline of an annual report on homeless
39	programs and services; amending s. 420.625, F.S.;
40	requiring a consistency statement from the designated lead
41	agency with respect to homeless assistance services;
42	providing an effective date.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1.  Subsection (6) and paragraph (b) of subsection
47	(9) of section 39.301, Florida Statutes, are amended to read:
48	39.301  Initiation of protective investigations.--
49	(6)  For each report accepted by the hotline for protective
50	investigation, an assessment of risk and the perceived needs for
51	the child and family shall be conducted. This assessment shall
52	be initiated immediately upon receipt of the report from the
53	hotline and shall be conducted in a manner that is sensitive to
54	the social, economic, and cultural environment of the family.
55	The This assessment must include a face-to-face interview with
56	the child, other siblings, parents, and other children and
57	adults in the household and an onsite assessment of the child's
58	residence. During the department's involvement with the child
59	and family as a result of the abuse report, the risk assessment
60	shall continuously be reviewed and amended to reflect any change
61	to the risks and needs of the child and family.
62	(9)
63	(b)  The onsite child protective investigation to be
64	performed shall include a face-to-face interview with the child;
65	other siblings; parents, legal custodians, or caregivers; and
66	other adults in the household and an onsite assessment of the
67	child's residence in order to:
68	1.  Determine the composition of the family or household,
69	including the name, address, date of birth, social security
70	number, sex, and race of each child named in the report; any
71	siblings or other children in the same household or in the care
72	of the same adults; the parents, legal custodians, or
73	caregivers; and any other adults in the same household.
74	2.  Determine whether there is indication that any child in
75	the family or household has been abused, abandoned, or
76	neglected; the nature and extent of present or prior injuries,
77	abuse, or neglect, and any evidence thereof; and a determination
78	as to the person or persons apparently responsible for the
79	abuse, abandonment, or neglect, including the name, address,
80	date of birth, social security number, sex, and race of each
81	such person.
82	3.  Determine the immediate and long-term risk to each
83	child by conducting state and federal records checks, including,
84	when feasible, the records of the Department of Corrections, on
85	the parents, legal custodians, or caregivers, and any other
86	persons in the same household. This information shall be used
87	solely for purposes supporting the detection, apprehension,
88	prosecution, pretrial release, posttrial release, or
89	rehabilitation of criminal offenders or persons accused of the
90	crimes of child abuse, abandonment, or neglect and shall not be
91	further disseminated or used for any other purpose. The
92	department's child protection investigators are hereby
93	designated a criminal justice agency for the purpose of
94	accessing criminal justice information to be used for enforcing
95	this state's laws concerning the crimes of child abuse,
96	abandonment, and neglect.
97	4.  Determine the immediate and long-term risk to each
98	child through utilization of standardized risk assessment
99	instruments.
100	5.  Based on the information obtained from available
101	sources, complete the risk assessment instrument within 48 hours
102	after the initial contact and, if determined necessary by the
103	assessment needed, develop and implement a safety plan, develop
104	and implement a case plan, or develop and implement both a
105	safety plan and a case plan.
106	6.  Determine the protective, treatment, and ameliorative
107	services necessary to safeguard and ensure the child's safety
108	and well-being and development, and cause the delivery of those
109	services through the early intervention of the department or its
110	agent. The training provided to staff members who conduct child
111	protective investigations must include instruction on how and
112	when to use the injunction process under s. 39.504 or s. 741.30
113	to remove a perpetrator of domestic violence from the home as an
114	intervention to protect the child.
115	Section 2.  Section 39.701, Florida Statutes, is amended to
116	read:
117	39.701  Judicial review.--
118	(1)(a)  The court shall retain have continuing jurisdiction
119	in accordance with this section and shall review the status of
120	the child at least once every 6 months as required by this
121	subsection or more frequently if the court deems it necessary or
122	desirable.
123	(b)  The court shall retain jurisdiction over a child
124	returned to his or her parents for a minimum period of 6 months
125	following the reunification, but, at that time, based on a
126	report of the social service agency and the guardian ad litem,
127	if one has been appointed, and any other relevant factors, the
128	court shall make a determination as to whether supervision by
129	the department and the court's jurisdiction shall continue or be
130	terminated.
131	(2)(a)  The court shall review The status of the child and
132	shall be reviewed hold a hearing as provided in this part at
133	least every 6 months until the child reaches permanency status.
134	This review may be conducted by the court or a citizen review
135	panel authorized by the court.
136	(b)  For reviews conducted by the court, the court may
137	dispense with the attendance of the child at the judicial review
138	hearing, but may not dispense with the hearing or the presence
139	of other parties to the review unless before the review a
140	hearing a review is held before a citizen review panel. If the
141	court conducts the review without the presence of the child, the
142	court must specifically find whether the department has direct
143	knowledge of the care the child is receiving.
144	(c)(b)  Citizen review panels may conduct hearings to
145	review the status of a child. The court shall select the cases
146	appropriate for referral to the citizen review panels and may
147	order the attendance of the parties at the reviews review panel
148	hearings. However, any party may object to the referral of a
149	case to a citizen review panel. Whenever such an objection has
150	been filed with the court, the court shall review the substance
151	of the objection and may conduct the review itself or refer the
152	review to a citizen review panel. All parties retain the right
153	to take exception to the findings or recommendations recommended
154	orders of a citizen review panel in accordance with Rule
155	1.490(h), Florida Rules of Civil Procedure.
156	(d)(c)  Notice of a review hearing by a citizen review
157	panel must be provided as set forth in subsection (5). At the
158	conclusion of a citizen review panel review hearing, each party
159	may propose recommendations a recommended order to the
160	chairperson of the panel. Thereafter, the citizen review panel
161	shall submit its report, copies of the proposed recommended
162	orders, and a copy of the panel's recommendations recommended
163	order to the court. The citizen review panel's recommendations
164	recommended order must be limited to the dispositional options
165	available to the court in subsection (8). Each party may file
166	exceptions to the report and recommendations recommended order
167	of the citizen review panel in accordance with Rule 1.490,
168	Florida Rules of Civil Procedure.
169	(3)(a)  The initial judicial review hearing must be held no
170	later than 90 days after the date of the disposition hearing or
171	after the date of the hearing at which the court approves the
172	case plan, whichever comes first, but in no event shall the
173	review be held later than 6 months after the date the child was
174	removed from the home. A citizen review panel panels may shall
175	not conduct more than two consecutive reviews without the child
176	and the parties appearing coming before the court for a judicial
177	review hearing.
178	(b)  If the citizen review panel recommends extending the
179	goal of reunification for any case plan beyond 12 months from
180	the date the child was removed from the home or the case plan
181	was adopted, whichever date came first, the court must schedule
182	a judicial review hearing to be conducted by the court within 30
183	days after receiving the recommendation from the citizen review
184	panel.
185	(c)  If the child is placed in the custody of the
186	department or a licensed child-placing agency for the purpose of
187	adoptive placement, judicial reviews must be held at least every
188	6 months until the adoption is finalized.
189	(d)  If the department and the court have established a
190	formal agreement that includes specific authorization for
191	particular cases, the department may conduct administrative
192	reviews instead of the judicial reviews for children in out-of-
193	home care. Notices of such administrative reviews must be
194	provided to all parties. However, an administrative review may
195	not be substituted for the first judicial review, and in every
196	case the court must conduct a judicial review at least every 6
197	months. Any party dissatisfied with the results of an
198	administrative review may petition for a judicial review.
199	(e)  The clerk of the circuit court shall schedule judicial
200	review hearings in order to comply with the mandated times cited
201	in this section.
202	(f)  In each case in which a child has been voluntarily
203	placed with the licensed child-placing agency, the agency shall
204	notify the clerk of the court in the circuit where the child
205	resides of the such placement no later than within 5 working
206	days after the placement. Notification of the court is not
207	required for any child who will be in out-of-home care no longer
208	than 30 days unless that child is placed in out-of-home care a
209	second time within a 12-month period. If the child is returned
210	to the custody of the parents before the scheduled review or
211	hearing or if the child is placed for adoption, the child-
212	placing agency shall notify the court of the child's return or
213	placement no later than within 5 working days after the return
214	or placement, and the clerk of the court shall cancel the review
215	hearing.
216	(4)  The court shall schedule the date, time, and location
217	of the next judicial review hearing or review by the citizen
218	review panel during the judicial review hearing or the review by
219	the citizen review panel which and shall be listed list same in
220	the judicial review order.
221	(5)  Notice of a judicial review hearing or a citizen
222	review panel review hearing, and a copy of the motion for
223	judicial review, if any, must be served by the clerk of the
224	court upon:
225	(a)  The social service agency charged with the supervision
226	of care, custody, or guardianship of the child, if that agency
227	is not the movant.
228	(b)  The foster parent or legal custodian in whose home the
229	child resides.
230	(c)  The parents.
231	(d)  The guardian ad litem for the child, or the
232	representative of the guardian ad litem program if the program
233	has been appointed.
234	(e)  Any preadoptive parent.
235	(f)  Any Such other person persons as the court may in its
236	discretion direct.
237
238	Service of notice is not required on any person of the persons
239	listed in paragraphs (a)-(f) if the person was present at the
240	previous hearing or review during which the date, time, and
241	location of the hearing was announced.
242	(6)(a)  Before Prior to every judicial review hearing or
243	citizen review panel review hearing, the social service agency
244	shall make an investigation and social study concerning all
245	pertinent details relating to the child and shall furnish to the
246	court or citizen review panel a written report that includes,
247	but is not limited to:
248	1.  A description of the type of placement the child is in
249	at the time of the hearing or review, including the safety of
250	the child and the continuing necessity for and appropriateness
251	of the placement.
252	2.  Documentation of the diligent efforts made by all
253	parties to the case plan to comply with each applicable
254	provision of the plan.
255	3.  The amount of fees assessed and collected during the
256	period of time being reported.
257	4.  The services provided to the foster family or legal
258	custodian in an effort to address the needs of the child as
259	indicated in the case plan.
260	5.  A statement that either:
261	a.  The parent, though able to do so, did not comply
262	substantially with the provisions of the case plan, and the
263	agency recommendations;
264	b.  The parent did substantially comply with the provisions
265	of the case plan; or
266	c.  The parent has partially complied with the provisions
267	of the case plan, with a summary of additional progress needed
268	and the agency recommendations.
269	6.  A statement from the foster parent or legal custodian
270	providing any material evidence concerning the return of the
271	child to the parent or parents.
272	7.  A statement concerning the frequency, duration, and
273	results of the parent-child visitation, if any, and the agency
274	recommendations for an expansion or restriction of future
275	visitation.
276	8.  The number of times a child has been removed from his
277	or her home and placed elsewhere, the number and types of
278	placements that have occurred, and the reason for the changes in
279	placement.
280	9.  The number of times a child's educational placement has
281	been changed, the number and types of educational placements
282	which have occurred, and the reason for any change in placement.
283	10.  Copies of all medical, psychological, and educational
284	records that support the terms of the case plan and that have
285	been produced concerning the child, parents, or any caregiver
286	since the last judicial review hearing or citizen review panel
287	review.
288	(b)  A copy of the social service agency's written report
289	and the written report of the guardian ad litem must be served
290	on all parties whose whereabouts are known; to the foster
291	parents or legal custodians; and to the citizen review panel, at
292	least 72 hours before the judicial review hearing or citizen
293	review panel review hearing. The requirement for providing
294	parents with a copy of the written report does not apply to
295	those parents who have voluntarily surrendered their child for
296	adoption or who have had their parental rights to the child
297	terminated.
298	(c)  In a case in which the child has been permanently
299	placed with the social service agency, the agency shall furnish
300	to the court a written report concerning the progress being made
301	to place the child for adoption. If the child cannot be placed
302	for adoption, a report on the progress made by the child towards
303	alternative permanency goals or placements, including, but not
304	limited to, guardianship, long-term custody, long-term licensed
305	custody, or independent living, must be submitted to the court.
306	The report must be submitted to the court at least 72 hours
307	before each scheduled judicial review hearing.
308	(d)  In addition to or in lieu of any written statement
309	provided to the court, the foster parent or legal custodian, or
310	any preadoptive parent, shall be given the opportunity to
311	address the court with any information relevant to the best
312	interests of the child at any judicial review hearing.
313	(7)  The court and any citizen review panel shall take into
314	consideration the information contained in the social services
315	study and investigation and all medical, psychological, and
316	educational records that support the terms of the case plan;
317	testimony by the social services agency, the parent, the foster
318	parent or legal custodian, the guardian ad litem if one has been
319	appointed for the child, and any other person deemed
320	appropriate; and any relevant and material evidence submitted to
321	the court, including written and oral reports to the extent of
322	their probative value. These reports and evidence may be
323	received by the court in its effort to determine the action to
324	be taken or recommended with regard to the child and may be
325	relied upon to the extent of their probative value, even though
326	not competent in an adjudicatory hearing. In its deliberations,
327	the court and any citizen review panel shall seek to determine:
328	(a)  If the parent was advised of the right to receive
329	assistance from any person or social service agency in the
330	preparation of the case plan.
331	(b)  If the parent has been advised of the right to have
332	counsel present at the judicial review hearing or citizen review
333	panel review hearings. If not so advised, the court or citizen
334	review panel shall advise the parent of this such right.
335	(c)  If a guardian ad litem needs to be appointed for the
336	child in a case in which a guardian ad litem has not previously
337	been appointed or if there is a need to continue a guardian ad
338	litem in a case in which a guardian ad litem has been appointed.
339	(d)  The compliance or lack of compliance of all parties
340	with applicable items of the case plan, including the parents'
341	compliance with child support orders.
342	(e)  The compliance or lack of compliance with a visitation
343	contract between the parent and the social service agency for
344	contact with the child, including the frequency, duration, and
345	results of the parent-child visitation and the reason for any
346	noncompliance.
347	(f)  The compliance or lack of compliance of the parent in
348	meeting specified financial obligations pertaining to the care
349	of the child, including the reason for failure to comply if such
350	is the case.
351	(g)  The appropriateness of the child's current placement,
352	including whether the child is in a setting which is as family-
353	like and as close to the parent's home as possible, consistent
354	with the child's best interests and special needs, and including
355	maintaining stability in the child's educational placement.
356	(h)  A projected date likely for the child's return home or
357	other permanent placement.
358	(i)  When appropriate, the basis for the unwillingness or
359	inability of the parent to become a party to a case plan. The
360	court and the citizen review panel shall determine if the
361	efforts of the social service agency to secure party
362	participation in a case plan were sufficient.
363	(8)(a)  Based upon the criteria set forth in subsection (7)
364	and the recommendations recommended order of the citizen review
365	panel, if any, the court shall determine whether or not the
366	social service agency shall initiate proceedings to have a child
367	declared a dependent child, return the child to the parent,
368	continue the child in out-of-home care for a specified period of
369	time, or initiate termination of parental rights proceedings for
370	subsequent placement in an adoptive home. Modifications to the
371	plan must be handled as prescribed in s. 39.601. If the court
372	finds that the prevention or reunification efforts of the
373	department will allow the child to remain safely at home or be
374	safely returned to the home, the court shall allow the child to
375	remain in or return to the home after making a specific finding
376	of fact that the reasons for the creation of the case plan have
377	been remedied to the extent that the child's safety, well-being,
378	and physical, mental, and emotional health will not be
379	endangered.
380	(b)  The court shall return the child to the custody of the
381	parents at any time it determines that the parents they have
382	substantially complied with the case plan, if the court is
383	satisfied that reunification will not be detrimental to the
384	child's safety, well-being, and physical, mental, and emotional
385	health.
386	(c)  If, in the opinion of the court, the social service
387	agency has not complied with its obligations as specified in the
388	written case plan, the court may find the social service agency
389	in contempt, shall order the social service agency to submit its
390	plans for compliance with the agreement, and shall require the
391	social service agency to show why the child could not safely be
392	returned to the home of the parents.
393	(d)  The court may extend the time limitation of the case
394	plan, or may modify the terms of the plan, based upon
395	information provided by the social service agency, and the
396	guardian ad litem, if one has been appointed, the parent or
397	parents, and the foster parents or legal custodian, and any
398	other competent information on record demonstrating the need for
399	the amendment. If the court extends the time limitation of the
400	case plan, the court must make specific findings concerning the
401	frequency of past parent-child visitation, if any, and the court
402	may authorize the expansion or restriction of future visitation.
403	Modifications to the plan must be handled as prescribed in s.
404	39.601. Any extension of a case plan must comply with the time
405	requirements and other requirements specified by this chapter.
406	(e)  If, at any judicial review, the court finds that the
407	parents have failed to substantially comply with the case plan
408	to the degree that further reunification efforts are without
409	merit and not in the best interest of the child, it may
410	authorize the filing of a petition for termination of parental
411	rights, whether or not the time period as contained in the case
412	plan for substantial compliance has elapsed.
413	(f)  No later than 12 months after the date that the child
414	was placed in shelter care, the court shall conduct a judicial
415	review to plan for the child's permanency. At this hearing, if
416	the child is not returned to the physical custody of the
417	parents, the case plan may be extended with the same goals only
418	if the court finds that the situation of the child is so
419	extraordinary that the plan should be extended. The case plan
420	must document steps the department is taking to find an adoptive
421	parent or other permanent living arrangement for the child.
422	(g)  The court may issue a protective order in assistance,
423	or as a condition, of any other order made under this part. In
424	addition to the requirements included in the case plan, the
425	protective order may set forth requirements relating to
426	reasonable conditions of behavior to be observed for a specified
427	period of time by a person or agency who is before the court;
428	and the such order may require the any such person or agency to
429	make periodic reports to the court containing such information
430	as the court prescribes in its discretion may prescribe.
431	Section 3.  Subsection (7) of section 120.80, Florida
432	Statutes, is amended to read:
433	120.80  Exceptions and special requirements; agencies.--
434	(7)  DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND AGENCY
435	FOR HEALTH CARE ADMINISTRATION.--Notwithstanding s.
436	120.57(1)(a), hearings conducted within the Department of
437	Children and Family Services and the Agency for Health Care
438	Administration in the execution of those social and economic
439	programs administered by the former Division of Family Services
440	of the former Department of Health and Rehabilitative Services
441	prior to the reorganization effected by chapter 75-48, Laws of
442	Florida, need not be conducted by an administrative law judge
443	assigned by the division.
444	Section 4.  Section 393.062, Florida Statutes, is amended
445	to read:
446	393.062  Legislative findings and declaration of
447	intent.--The Legislature finds and declares that existing state
448	The Legislature finds and declares that existing state programs
449	for the treatment of individuals who are developmentally
450	disabled, which often unnecessarily place clients in
451	institutions, are unreasonably costly, are ineffective in
452	bringing the individual client to his or her maximum potential,
453	and are in fact debilitating to a great majority of clients. A
454	redirection in state treatment programs for individuals who are
455	developmentally disabled is necessary if any significant
456	amelioration of the problems faced by these such individuals is
457	ever to take place. This Such redirection should place primary
458	emphasis on programs that have the potential to prevent or
459	reduce the severity of developmental disabilities. Further, the
460	Legislature declares that greatest priority shall be given to
461	the development and implementation of community-based
462	residential placements, services, and treatment programs for
463	individuals who are developmentally disabled which will enable
464	these such individuals to achieve their greatest potential for
465	independent and productive living, which will enable them to
466	live in their own homes or in residences located in their own
467	communities, and which will permit them to be diverted or
468	removed from unnecessary institutional placements. The
469	Legislature finds that the eligibility criteria for
470	intermediate-care facilities for the developmentally disabled
471	which are specified in the Medicaid state plan in effect on the
472	effective date of this act are essential to the system of
473	residential services. The Legislature declares that the goal of
474	this act, to improve the quality of life of all developmentally
475	disabled persons by the development and implementation of
476	community-based residential placements, services, and treatment,
477	cannot be met without ensuring the availability of community
478	residential opportunities for developmentally disabled persons
479	in the residential areas of this state. The Legislature,
480	therefore, declares that all persons with developmental
481	disabilities who live in licensed community homes shall have a
482	family living environment comparable to other Floridians. The
483	Legislature intends that these such residences shall be
484	considered and treated as a functional equivalent of a family
485	unit and not as an institution, business, or boarding home. The
486	Legislature declares that, in developing community-based
487	programs and services for individuals who are developmentally
488	disabled, private businesses, not-for-profit corporations, units
489	of local government, and other organizations capable of
490	providing needed services to clients in a cost-efficient manner
491	shall be given preference in lieu of operation of programs
492	directly by state agencies. The Legislature intends that an
493	individual with developmental disabilities be able to live as
494	independently as possible and to reach his or her maximum
495	potential. To that end, the Legislature declares that it shall
496	be a priority of the Department of Children and Family Services
497	to support each individual enrolled in the Medicaid home and
498	community-based waiver program or the Medicaid consumer-directed
499	care waiver program to become and remain employed. Therefore,
500	the Developmental Disabilities Program Office of the Department
501	of Children and Family Services shall consider employment as a
502	priority outcome for an individual with developmental
503	disabilities receiving services before other alternatives for
504	supporting meaningful day activities. Finally, it is the intent
505	of the Legislature that all caretakers unrelated to individuals
506	with developmental disabilities receiving care shall be of good
507	moral character.
508	Section 5.  Subsection (1) of section 393.0655, Florida
509	Statutes, is amended to read:
510	393.0655  Screening of direct service providers.--
511	(1)  MINIMUM STANDARDS.--The department shall require level
512	2 employment screening pursuant to chapter 435, using the level
513	2 standards for screening set forth in that chapter, for direct
514	service providers, including support coordinators and managers
515	and supervisors of residential facilities or comprehensive
516	transitional education programs licensed under s. 393.967 and
517	any other person who provides care or services, who has access
518	to a client's areas, or who has access to a client's funds or
519	personal property who are unrelated to their clients. Background
520	screening shall include employment history checks as provided in
521	s. 435.03.
522	Section 6.  Subsection (6) is added to section 393.066,
523	Florida Statutes, to read:
524	393.066  Community services and treatment for persons who
525	are developmentally disabled.--
526	(6)  To promote independence and productivity, the
527	developmental services program shall provide supports and
528	services, within available resources, to assist individuals
529	enrolled in Medicaid waivers who choose to pursue gainful
530	employment.
531	Section 7.  Subsections (8), (15), and (16) of section
532	400.0255, Florida Statutes, are amended to read:
533	400.0255  Resident transfer or discharge; requirements and
534	procedures; hearings.--
535	(8)  The notice required by subsection (7) must be in
536	writing and must contain all information required by state and
537	federal law, rules, or regulations applicable to Medicaid or
538	Medicare cases. The agency shall develop a standard document to
539	be used by all facilities licensed under this part for purposes
540	of notifying residents of a discharge or transfer. The Such
541	document must include a means for a resident to request the
542	local long-term care ombudsman council to review the notice and
543	request information about or assistance with initiating a fair
544	hearing with the agency's department's Office of Fair Appeals
545	Hearings. In addition to any other pertinent information
546	included, the form shall specify the reason allowed under
547	federal or state law that the resident is being discharged or
548	transferred, with an explanation to support this action.
549	Further, the form shall state the effective date of the
550	discharge or transfer and the location to which the resident is
551	being discharged or transferred. The form shall clearly describe
552	the resident's appeal rights and the procedures for filing an
553	appeal, including the right to request the local ombudsman
554	council to review the notice of discharge or transfer. A copy of
555	the notice must be placed in the resident's clinical record, and
556	a copy must be transmitted to the resident's legal guardian or
557	representative and to the local ombudsman council within 5
558	business days after signature by the resident or resident
559	designee.
560	(15)(a)  The agency's department's Office of Fair Appeals
561	Hearings shall conduct hearings under this section. The office
562	shall notify the facility of a resident's request for a hearing.
563	(b)  The agency department shall adopt, by rule, establish
564	procedures to be used for fair hearings requested by residents.
565	These procedures shall be equivalent to the procedures used for
566	fair hearings for other Medicaid cases, chapter 65-2 10-2, part
567	VI, Florida Administrative Code. The burden of proof must be
568	clear and convincing evidence. A hearing decision must be
569	rendered within 90 days after receipt of the request for
570	hearing.
571	(c)  If the hearing decision is favorable to the resident
572	who has been transferred or discharged, the resident must be
573	readmitted to the facility's first available bed.
574	(d)  The decision of the hearing officer is shall be final.
575	Any aggrieved party may appeal the decision to the district
576	court of appeal in the appellate district where the facility is
577	located. Appeal Review procedures shall be conducted in
578	accordance with the Florida Rules of Appellate Procedure.
579	(16)  The agency department may adopt rules necessary to
580	administer this section.
581	Section 8.  Subsection (13) is added to section 408.15,
582	Florida Statutes, to read:
583	408.15  Powers of the agency.--In addition to the powers
584	granted to the agency elsewhere in this chapter, the agency is
585	authorized to:
586	(13)  Establish and conduct Medicaid fair hearings that are
587	unrelated to eligibility determinations and comply with 42
588	C.F.R. s. 431.200 and other applicable federal and state laws
589	and regulations.
590	Section 9.  Subsection (11) of section 409.91195, Florida
591	Statutes, is amended to read:
592	409.91195  Medicaid Pharmaceutical and Therapeutics
593	Committee.--There is created a Medicaid Pharmaceutical and
594	Therapeutics Committee within the Agency for Health Care
595	Administration for the purpose of developing a preferred drug
596	formulary pursuant to 42 U.S.C. s. 1396r-8.
597	(11)  Medicaid recipients may appeal agency preferred drug
598	formulary decisions using the Medicaid fair hearing process
599	administered by the Agency for Health Care Administration
600	Department of Children and Family Services.
601	Section 10.  Subsections (7) through (10) of section
602	410.604, Florida Statutes, are renumbered as subsections (6)
603	through (9), respectively, and subsection (6) of said section is
604	amended to read:
605	410.604  Community care for disabled adults program; powers
606	and duties of the department.--
607	(6)  The department and providers shall charge fees for
608	services that the department provides a disabled adult whose
609	income is above the existing institutional care program
610	eligibility standard, either directly or through its agencies or
611	contractors. The department shall establish by rule, by January
612	1, 1989, a schedule of fees based on the disabled adult's
613	ability to pay. Services of a specified value may be accepted in
614	lieu of a monetary contribution.
615	Section 11.  Subsection (15) of section 415.102, Florida
616	Statutes, is amended to read:
617	415.102  Definitions of terms used in ss. 415.101-
618	415.113.--As used in ss. 415.101-415.113, the term:
619	(15)  "Neglect" means the failure or omission on the part
620	of the caregiver or vulnerable adult to provide the care,
621	supervision, and services necessary to maintain the physical and
622	mental health of the vulnerable adult, including, but not
623	limited to, food, clothing, medicine, shelter, supervision, and
624	medical services, that a prudent person would consider essential
625	for the well-being of a vulnerable adult. The term "neglect"
626	also means the failure of a caregiver or vulnerable adult to
627	make a reasonable effort to protect a vulnerable adult from
628	abuse, neglect, or exploitation by others. "Neglect" is repeated
629	conduct or a single incident of carelessness which produces or
630	could reasonably be expected to result in serious physical or
631	psychological injury or a substantial risk of death.
632	Section 12.  Subsections (6) through (10) of section
633	415.1113, Florida Statutes, are renumbered as subsections (7)
634	through (11), respectively, present subsection (5) of said
635	section is renumbered as subsection (6) and amended, and a new
636	subsection (5) is added to said section, to read:
637	415.1113  Administrative fines for false report of abuse,
638	neglect, or exploitation of a vulnerable adult.--
639	(5)  A person alleged to have filed a false report may be
640	represented by legal counsel at the administrative hearing. The
641	notice of intent to impose the administrative fine set forth in
642	subsection (3) must include notification of the right to be
643	represented by legal counsel.
644	(6)(5)  At the administrative hearing, the department must
645	prove by clear and convincing evidence that the person knowingly
646	and willfully filed a false report with the central abuse
647	hotline. The person has the right to be represented by legal
648	counsel at the hearing.
649	Section 13.  Subsections (2) and (5) of section 420.622,
650	Florida Statutes, are amended to read:
651	420.622  State Office on Homelessness; Council on
652	Homelessness.--
653	(2)  The Council on Homelessness is created to consist of a
654	15-member council of public and private agency representatives
655	who shall develop policy and advise the State Office on
656	Homelessness. The council members shall be: the Secretary of
657	Children and Family Services, or his or her designee; the
658	Secretary of Community Affairs, or his or her designee; the
659	Secretary of Health, or his or her designee; the Executive
660	Director of Veterans' Affairs, or his or her designee; the
661	Secretary of Corrections, or his or her designee; the Director
662	of Workforce Florida, Inc., or his or her designee; one
663	representative of the Florida Association of Counties; one
664	representative of the Florida Coalition for Supportive Housing
665	Coalition; the Executive Director of the Florida Housing Finance
666	Corporation, or his or her designee; one representative of the
667	Florida Coalition for the Homeless; one representative of the
668	Florida State Rural Development Council; and four members
669	appointed by the Governor. The council members shall be
670	volunteer, nonpaid persons and shall be reimbursed for travel
671	expenses only. The appointed members of the council shall serve
672	staggered 2-year terms, and the council shall meet at least four
673	times per year. The importance of minority, gender, and
674	geographic representation must be considered when appointing
675	members to the council.
676	(5)  The State Office on Homelessness, with the concurrence
677	of the Council on Homelessness, may administer moneys
678	appropriated to it to provide homeless housing assistance grants
679	annually to lead agencies for local homeless assistance
680	continuum of care, as recognized by the State Office on
681	Homelessness, to construct or rehabilitate transitional or
682	permanent housing units for homeless persons. These moneys shall
683	consist of any sums that the state may appropriate, as well as
684	money received from donations, gifts, bequests, or otherwise
685	from any public or private source, which money is intended to
686	construct or rehabilitate transitional or permanent housing
687	units for homeless persons.
688	(a)  Grant applicants shall be ranked competitively.
689	Preference must be given to applicants who leverage additional
690	private funds and public funds, particularly federal funds
691	designated for the construction and rehabilitation of
692	transitional or permanent housing for homeless persons, who
693	build or rehabilitate the greatest number of units, and who
694	build or rehabilitate in catchment areas having the greatest
695	need for housing for the homeless relative to the population of
696	the catchment area.
697	(b)  Funding for any particular project may not exceed
698	$750,000.
699	(c)  Construction or rehabilitative activities, and
700	associated and related costs, to which funds available under
701	this subsection may be applied include, but are not limited to:
702	1.  Site preparation and demolition.
703	2.  Professional fees of architects, surveyors, or
704	engineers.
705	3.  Local government building permits and impact fees.
706	4.  Utilities and special district fees.
707	5.  Labor, materials, and tools.
708	6.  Other costs associated with the construction or
709	rehabilitation of the building.
710
711	Any construction or rehabilitation activity or cost eligible for
712	funding under this subsection may be funded if the activity or
713	cost cannot be contributed, absorbed, or waived.
714	(d)(c)  Projects must reserve, for a minimum of 10 years,
715	the number of units constructed or rehabilitated through
716	homeless housing assistance grant funding to serve persons who
717	are homeless at the time they assume tenancy.
718	(e)(d)  No more than two grants may be awarded annually in
719	any given local homeless assistance continuum of care catchment
720	area.
721	(f)(e)  A project may not be funded which is not included
722	in the local homeless assistance continuum of care plan, as
723	recognized by the State Office on Homelessness, for the
724	catchment area in which the project is located.
725	(g)(f)  The maximum percentage of funds that the State
726	Office on Homelessness and each applicant may spend on
727	administrative costs is 5 percent.
728	Section 14.  Subsection (4) of section 420.623, Florida
729	Statutes, is amended to read:
730	420.623  Local coalitions for the homeless.--
731	(4)  ANNUAL REPORTS.--The department shall submit to the
732	Governor, the Speaker of the House of Representatives, and the
733	President of the Senate, by December 31 June 30, an annual
734	report consisting of a compilation of data collected by local
735	coalitions, progress made in the development and implementation
736	of local homeless assistance continuums of care plans in each
737	district, local spending plans, programs and resources available
738	at the local level, and recommendations for programs and
739	funding.
740	Section 15.  Subsection (5) of section 420.625, Florida
741	Statutes, is amended to read:
742	420.625  Grant-in-aid program.--
743	(5)  SPENDING PLANS.--The department shall develop
744	guidelines for the development of spending plans and for the
745	evaluation and approval by district administrators of spending
746	plans, based upon such factors as:
747	(a)  The demonstrated level of need for the program.
748	(b)  The demonstrated ability of the local agency or
749	agencies seeking assistance to deliver the services and to
750	assure that identified needs will be met.
751	(c)  The ability of the local agency or agencies seeking
752	assistance to deliver a wide range of services as enumerated in
753	subsection (3).
754	(d)  The adequacy and reasonableness of proposed budgets
755	and planned expenditures, and the demonstrated capacity of the
756	local agency or agencies to administer the funds sought.
757	(e)  A statement from the local coalition for the homeless
758	as to the steps to be taken to assure coordination and
759	integration of services in the district to avoid unnecessary
760	duplication and costs.
761	(f)  A statement from the designated lead agency of the
762	homeless assistance continuum of care catchment area in which
763	the services proposed will be provided, assuring the department
764	that the services are contained in, and consistent with, the
765	coalition's written plan for its continuum of care.
766	(g)(f)  Assurances by the local coalition for the homeless
767	that alternative funding strategies for meeting needs through
768	the reallocation of existing resources, utilization of
769	volunteers, and local government or private agency funding have
770	been explored.
771	(h)(g)  The existence of an evaluation component designed
772	to measure program outcomes and determine the overall
773	effectiveness of the local programs for the homeless for which
774	funding is sought.
775	Section 16.  This act shall take effect upon becoming a
776	law.

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