Senate Bill sb2386
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    Florida Senate - 2005                                  SB 2386
    By Senator Peaden
    2-1407-05
  1                      A bill to be entitled
  2         An act relating to the Agency for Persons with
  3         Disabilities; amending s. 39.202, F.S.;
  4         authorizing the release of otherwise
  5         confidential information concerning child abuse
  6         or neglect to authorized agents and providers
  7         of the agency; amending s. 39.502, F.S.;
  8         requiring that a person identified as having a
  9         mental illness or disability be informed by the
10         court of agency services; amending s. 383.14,
11         F.S.; providing for a representative of the
12         agency to sit on the Genetics and Newborn
13         Screening Advisory Council rather than a
14         representative from the Department of Children
15         and Family Services; repealing s. 393.061,
16         F.S., relating to a short title; amending s.
17         393.062, F.S.; revising legislative findings
18         and intent with respect to providing services
19         for the developmentally disabled; amending s.
20         393.063, F.S.; revising definitions to conform
21         to changes made by the act; defining the term
22         "principles of self-determination"; amending s.
23         393.064, F.S.; requiring that the agency
24         provide additional evaluations and assessments;
25         revising requirements for intervention services
26         and support services; amending s. 393.0641,
27         F.S.; defining the term "severe self-injurious
28         behavior" for purposes of prevention and
29         treatment services that are provided by the
30         agency; amending s. 393.065, F.S.; revising
31         requirements for the agency in determining
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    Florida Senate - 2005                                  SB 2386
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 1         eligibility for certain services; authorizing
 2         the agency to adopt rules; amending s.
 3         393.0651, F.S.; revising requirements for the
 4         family or individual support plan; amending s.
 5         393.0655, F.S., relating to the screening of
 6         service providers; authorizing the agency to
 7         take additional remedial action; requiring that
 8         the agency adopt rules for conducting
 9         background screening; amending s. 393.0657,
10         F.S.; clarifying provisions governing the
11         rescreening of human resource personnel;
12         amending s. 393.066, F.S., relating to
13         community-based services; authorizing the
14         agency to adopt rules governing the purchase of
15         services; amending s. 393.067, F.S.; requiring
16         the agency to adopt rules governing the
17         licensure of residential facilities and
18         comprehensive transitional education programs;
19         providing that a licenseholder does not have a
20         property right to that license; revising the
21         requirements for background screening of
22         license applicants; revising the requirements
23         for the comprehensive emergency management
24         plans of homes serving individuals having
25         complex medical conditions; amending s.
26         393.0673, F.S.; clarifying provisions governing
27         administrative fines; amending s. 393.0674,
28         F.S.; providing a penalty for noncompliance
29         with requirements for background screening;
30         amending s. 393.0675, F.S.; clarifying
31         provisions authorizing the agency to seek an
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    Florida Senate - 2005                                  SB 2386
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 1         injunction under certain circumstances;
 2         amending s. 393.0678, F.S.; revising provisions
 3         governing receivership proceedings; amending s.
 4         393.068, F.S.; including the principles of
 5         self-determination within the skills emphasized
 6         in a family care program; amending s. 393.0695,
 7         F.S.; requiring that the agency reassess
 8         in-home subsidies quarterly; amending s.
 9         393.075, F.S., relating to liability coverage;
10         conforming terminology to changes made by the
11         act; amending s. 393.11, F.S.; requiring
12         certain assessments for the involuntary
13         commitment of a person with retardation or
14         autism; revising the procedures for the agency
15         with respect to such commitment; requiring that
16         a hearing be held in the county in which the
17         petition is filed; revising the standards for
18         determining the issue of competency; amending
19         s. 393.122, F.S., relating to continued
20         residential services; conforming a
21         cross-reference; amending s. 393.125, F.S.;
22         clarifying the agency's rulemaking duties with
23         respect to service providers; amending s.
24         393.13, F.S., relating to the Bill of Rights of
25         Persons Who are Developmentally Disabled;
26         revising legislative intent; requiring that
27         intermediate care facilities comply with
28         requirements that clients be afforded certain
29         rights and opportunities; amending s. 393.135,
30         F.S., relating to prohibitions against sexual
31         misconduct by employees; conforming provisions
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    Florida Senate - 2005                                  SB 2386
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 1         to the transfer of duties from the Department
 2         of Children and Family Services to the Agency
 3         for Persons with Disabilities; amending s.
 4         393.15, F.S.; revising provisions governing the
 5         Community Resources Development Trust Fund to
 6         establish the Community Resources Development
 7         Loan Program; providing eligibility
 8         requirements for a loan; requiring that the
 9         agency deposit funds received from enforcement
10         of a lien into the agency's Administrative
11         Trust Fund and be used to fund the program;
12         creating s. 393.18, F.S.; creating the
13         comprehensive transitional education program
14         within the agency as a transitional program for
15         services for persons exhibiting maladaptive
16         behaviors; providing requirements for the
17         services and the staff for such programs;
18         requiring an individual education plan for each
19         person served; limiting the number of residents
20         which may be served by such a program; amending
21         s. 393.501, F.S., relating to the agency's
22         rulemaking authority; removing obsolete
23         provisions governing ICF/MR facilities;
24         amending s. 393.506, F.S.; revising
25         requirements governing the administration of
26         medication; amending s. 397.405, F.S., relating
27         to exemptions from licensure; conforming a
28         cross-reference; amending s. 400.419, F.S.;
29         requiring that the annual list of facilities
30         that are sanctioned or fined by the Agency for
31         Health Care Administration be provided to the
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    Florida Senate - 2005                                  SB 2386
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 1         Agency for Persons with Disabilities; repealing
 2         s. 400.960(1), (6), (7), and (11), F.S.;
 3         removing obsolete definitions applicable to
 4         intermediate care facilities for
 5         developmentally disabled persons; amending s.
 6         400.464, F.S., relating to home health
 7         agencies; conforming a cross-reference;
 8         amending s. 400.967, F.S., relating to rules;
 9         conforming provisions to the transfer of duties
10         from the Department of Children and Family
11         Services to the agency; amending s. 402.20,
12         F.S.; providing requirements for county
13         contracts for services and mental health
14         facilities; amending s. 402.22, F.S., relating
15         to education programs for students who reside
16         in residential care facilities; conforming
17         provisions to the transfer of duties from the
18         Department of Children and Family Services to
19         the agency; amending s. 408.036, F.S.;
20         exempting the beds in certain developmental
21         disabilities institutions from
22         certificate-of-need review; amending ss.
23         409.908 and 409.9127, F.S., relating to
24         Medicaid providers and conflicts of interest;
25         conforming a cross-reference and terminology;
26         amending ss. 411.224 and 411.232, F.S.,
27         relating to family support plans and the
28         Children's Early Investment Program; conforming
29         provisions to the transfer of duties from the
30         Department of Children and Family Services to
31         the agency; amending s. 415.102, F.S.;
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 1         redefining the term "neglect" for purposes of
 2         the Adult Protective Services Act to include
 3         actions against oneself by a vulnerable adult;
 4         amending s. 415.1035, F.S.; providing duties of
 5         the agency with respect to the rights of
 6         residents of a facility serving vulnerable
 7         adults; amending s. 415.1051, F.S.; requiring
 8         that certain intervention actions be taken on
 9         behalf of a vulnerable adult in need of
10         services; amending ss. 415.1055 and 415.107,
11         F.S.; providing duties of the agency with
12         respect to reports of abuse, neglect, or
13         exploitation and the confidentiality of
14         records; amending s. 419.001, F.S., relating to
15         community residential homes; conforming
16         provisions to the transfer of duties from the
17         Department of Children and Family Services to
18         the agency; amending s. 435.03, F.S.; providing
19         screening requirements for employees and
20         employers of developmental disabilities
21         institutions; amending s. 944.602, F.S.;
22         requiring that the Department of Corrections
23         notify the agency before releasing a mentally
24         retarded inmate; amending ss. 945.025 and
25         947.185, F.S., relating to services for
26         mentally retarded inmates and parolees;
27         specifying duties of the agency; amending ss.
28         984.19, 984.225, and 984.226, F.S., relating to
29         medical screening of children in need of
30         services; conforming provisions to the transfer
31         of duties from the Department of Children and
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    Florida Senate - 2005                                  SB 2386
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 1         Family Services to the agency; amending s.
 2         985.224, F.S.; requiring that the agency
 3         conduct certain assessments of a child who is
 4         alleged to be delinquent; amending s. 1003.58,
 5         F.S.; providing duties of the Department of
 6         Education with respect to children in
 7         residential care facilities of the agency;
 8         repealing s. 114 of ch. 2004-267, Laws of
 9         Florida, relating to the Economic
10         Self-Sufficiency Services Program; providing an
11         effective date.
12  
13  Be It Enacted by the Legislature of the State of Florida:
14  
15         Section 1.  Paragraphs (a) and (h) of subsection (2) of
16  section 39.202, Florida Statutes, are amended to read:
17         39.202  Confidentiality of reports and records in cases
18  of child abuse or neglect.--
19         (2)  Except as provided in subsection (4), access to
20  such records, excluding the name of the reporter which shall
21  be released only as provided in subsection (5), shall be
22  granted only to the following persons, officials, and
23  agencies:
24         (a)  Employees, authorized agents, or contract
25  providers of the department, the Department of Health, the
26  Agency for Persons with Disabilities, or county agencies
27  responsible for carrying out:
28         1.  Child or adult protective investigations;
29         2.  Ongoing child or adult protective services;
30         3.  Healthy Start services; or
31  
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 1         4.  Licensure or approval of adoptive homes, foster
 2  homes, or child care facilities, facilities licensed under
 3  chapter 393, or family day care homes or informal child care
 4  providers who receive subsidized child care funding, or other
 5  homes used to provide for the care and welfare of children.
 6         5.  Services for victims of domestic violence when
 7  provided by certified domestic violence centers working at the
 8  department's request as case consultants or with shared
 9  clients.
10  
11  Also, employees or agents of the Department of Juvenile
12  Justice responsible for the provision of services to children,
13  pursuant to chapters 984 and 985.
14         (h)  Any appropriate official of the department or the
15  Agency for Persons with Disabilities who is responsible for:
16         1.  Administration or supervision of the department's
17  program for the prevention, investigation, or treatment of
18  child abuse, abandonment, or neglect, or abuse, neglect, or
19  exploitation of a vulnerable adult, when carrying out his or
20  her official function;
21         2.  Taking appropriate administrative action concerning
22  an employee of the department or agency who is alleged to have
23  perpetrated child abuse, abandonment, or neglect, or abuse,
24  neglect, or exploitation of a vulnerable adult; or
25         3.  Employing and continuing employment of personnel of
26  the department or agency.
27         Section 2.  Subsection (15) of section 39.502, Florida
28  Statutes, is amended to read:
29         39.502  Notice, process, and service.--
30         (15)  A party who is identified as a person with mental
31  illness or with a developmental disability must be informed by
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    Florida Senate - 2005                                  SB 2386
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 1  the court of the availability of advocacy services through the
 2  department, the Agency for Persons with Disabilities
 3  Association for Retarded Citizens, or other appropriate mental
 4  health or developmental disability advocacy groups and
 5  encouraged to seek such services.
 6         Section 3.  Subsection (5) of section 383.14, Florida
 7  Statutes, is amended to read:
 8         383.14  Screening for metabolic disorders, other
 9  hereditary and congenital disorders, and environmental risk
10  factors.--
11         (5)  ADVISORY COUNCIL.--There is established a Genetics
12  and Newborn Screening Advisory Council made up of 15 members
13  appointed by the Secretary of Health.  The council shall be
14  composed of two consumer members, three practicing
15  pediatricians, at least one of whom must be a pediatric
16  hematologist, one representative from each of the four medical
17  schools in the state, the Secretary of Health or his or her
18  designee, one representative from the Department of Health
19  representing Children's Medical Services, one representative
20  from the Florida Hospital Association, one individual with
21  experience in newborn screening programs, one individual
22  representing audiologists, and one representative from the
23  Agency for Persons with Disabilities Developmental
24  Disabilities Program Office of the Department of Children and
25  Family Services. All appointments shall be for a term of 4
26  years.  The chairperson of the council shall be elected from
27  the membership of the council and shall serve for a period of
28  2 years.  The council shall meet at least semiannually or upon
29  the call of the chairperson. The council may establish ad hoc
30  or temporary technical advisory groups to assist the council
31  with specific topics which come before the council. Council
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    Florida Senate - 2005                                  SB 2386
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 1  members shall serve without pay. Pursuant to the provisions of
 2  s. 112.061, the council members are entitled to be reimbursed
 3  for per diem and travel expenses.  It is the purpose of the
 4  council to advise the department about:
 5         (a)  Conditions for which testing should be included
 6  under the screening program and the genetics program.
 7         (b)  Procedures for collection and transmission of
 8  specimens and recording of results.
 9         (c)  Methods whereby screening programs and genetics
10  services for children now provided or proposed to be offered
11  in the state may be more effectively evaluated, coordinated,
12  and consolidated.
13         Section 4.  Section 393.061, Florida Statutes, is
14  repealed.
15         Section 5.  Section 393.062, Florida Statutes, is
16  amended to read:
17         393.062  Legislative findings and declaration of
18  intent.--The Legislature finds and declares that existing
19  state programs for the treatment of individuals who are
20  developmentally disabled, which often unnecessarily place
21  clients in institutions, are unreasonably costly, are
22  ineffective in bringing the individual client to his or her
23  maximum potential, and are in fact debilitating to many a
24  great majority of clients.  A redirection in state treatment
25  programs for individuals who are developmentally disabled is
26  necessary if any significant amelioration of the problems
27  faced by such individuals is ever to take place.  Such
28  redirection should place primary emphasis on programs that
29  have the potential to prevent or reduce the severity of
30  developmental disabilities.  Further, the Legislature declares
31  that greatest priority should shall be given to the
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 1  development and implementation of community-based residential
 2  placements, services, and treatment programs that for
 3  individuals who are developmentally disabled which will enable
 4  such individuals who are developmentally disabled to achieve
 5  their greatest potential for independent and productive
 6  living, which will enable them to live in their own homes or
 7  in residences located in their own communities, and which will
 8  permit them to be diverted or removed from unnecessary
 9  institutional placements. This goal, The Legislature finds
10  that the eligibility criteria for intermediate-care facilities
11  for the developmentally disabled which are specified in the
12  Medicaid state plan in effect on the effective date of this
13  act are essential to the system of residential services. The
14  Legislature declares that the goal of this act, to improve the
15  quality of life of all developmentally disabled persons by the
16  development and implementation of community-based residential
17  placements, services, and treatment, cannot be met without
18  ensuring the availability of community residential
19  opportunities for developmentally disabled persons in the
20  residential areas of this state.  The Legislature, therefore,
21  declares that all persons with developmental disabilities who
22  live in licensed community homes shall have a family living
23  environment comparable to other Floridians.  The Legislature
24  intends that Such residences shall be considered and treated
25  as a functional equivalent of a family unit and not as an
26  institution, business, or boarding home. Therefore, the
27  Legislature declares that, in developing community-based
28  programs and services for individuals who are developmentally
29  disabled, private businesses, not-for-profit corporations,
30  units of local government, and other organizations capable of
31  providing needed services to clients in a cost-efficient
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 1  manner shall be given preference in lieu of operation of
 2  programs directly by state agencies.  Finally, it is the
 3  intent of the Legislature that all caretakers unrelated to
 4  individuals with developmental disabilities receiving care
 5  shall be of good moral character.
 6         Section 6.  Section 393.063, Florida Statutes, is
 7  amended to read:
 8         393.063  Definitions.--For the purposes of this
 9  chapter, the term:
10         (1)  "Agency" means the Agency for Persons with
11  Disabilities established in s. 20.197.
12         (2)  "Autism" means a pervasive, neurologically based
13  developmental disability of extended duration which causes
14  severe learning, communication, and behavior disorders with
15  age of onset during infancy or childhood. Individuals with
16  autism exhibit impairment in reciprocal social interaction,
17  impairment in verbal and nonverbal communication and
18  imaginative ability, and a markedly restricted repertoire of
19  activities and interests.
20         (3)  "Cerebral palsy" means a group of disabling
21  symptoms of extended duration which results from damage to the
22  developing brain that may occur before, during, or after birth
23  and that results in the loss or impairment of control over
24  voluntary muscles. For the purposes of this definition,
25  cerebral palsy does not include those symptoms or impairments
26  resulting solely from a stroke.
27         (4)  "Client" means any person determined eligible by
28  the agency for services under this chapter.
29         (5)  "Client advocate" means a friend or relative of
30  the client, or of the client's immediate family, who advocates
31  for the best interests of the client in any proceedings under
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 1  this chapter in which the client or his or her family has the
 2  right or duty to participate.
 3         (6)  "Comprehensive assessment" means the process used
 4  to determine eligibility for services under this chapter.
 5         (7)  "Comprehensive transitional education program"
 6  means the program established in s. 393.18. a group of jointly
 7  operating centers or units, the collective purpose of which is
 8  to provide a sequential series of educational care, training,
 9  treatment, habilitation, and rehabilitation services to
10  persons who have developmental disabilities and who have
11  severe or moderate maladaptive behaviors. However, nothing in
12  this subsection shall require such programs to provide
13  services only to persons with developmental disabilities. All
14  such services shall be temporary in nature and delivered in a
15  structured residential setting with the primary goal of
16  incorporating the normalization principle to establish
17  permanent residence for persons with maladaptive behaviors in
18  facilities not associated with the comprehensive transitional
19  education program. The staff shall include psychologists and
20  teachers who shall be available to provide services in each
21  component center or unit of the program. The psychologists
22  shall be individuals who are licensed in this state and
23  certified as behavior analysts in this state, or individuals
24  who are certified as behavior analysts pursuant to s. 393.17.
25         (a)  Comprehensive transitional education programs
26  shall include a minimum of two component centers or units, one
27  of which shall be either an intensive treatment and
28  educational center or a transitional training and educational
29  center, which provide services to persons with maladaptive
30  behaviors in the following sequential order:
31  
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 1         1.  Intensive treatment and educational center. This
 2  component is a self-contained residential unit providing
 3  intensive psychological and educational programming for
 4  persons with severe maladaptive behaviors, whose behaviors
 5  preclude placement in a less restrictive environment due to
 6  the threat of danger or injury to themselves or others.
 7         2.  Transitional training and educational center. This
 8  component is a residential unit for persons with moderate
 9  maladaptive behaviors, providing concentrated psychological
10  and educational programming emphasizing a transition toward a
11  less restrictive environment.
12         3.  Community transition residence. This component is a
13  residential center providing educational programs and such
14  support services, training, and care as are needed to assist
15  persons with maladaptive behaviors to avoid regression to more
16  restrictive environments while preparing them for more
17  independent living. Continuous-shift staff shall be required
18  for this component.
19         4.  Alternative living center. This component is a
20  residential unit providing an educational and family living
21  environment for persons with maladaptive behaviors, in a
22  moderately unrestricted setting. Residential staff shall be
23  required for this component.
24         5.  Independent living education center. This component
25  is a facility providing a family living environment for
26  persons with maladaptive behaviors, in a largely unrestricted
27  setting which includes education and monitoring appropriate to
28  support the development of independent living skills.
29         (b)  Centers or units that are components of a
30  comprehensive transitional education program are subject to
31  
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 1  the license issued to the comprehensive transitional education
 2  program and may be located on either single or multiple sites.
 3         (c)  Comprehensive transitional education programs
 4  shall develop individual education plans for each person with
 5  maladaptive behaviors who receives services therein. Such
 6  individual education plans shall be developed in accordance
 7  with the criteria specified in 20 U.S.C. ss. 401 et seq., and
 8  34 C.F.R. part 300.
 9         (d)  In no instance shall the total number of persons
10  with maladaptive behaviors being provided services in a
11  comprehensive transitional education program exceed 120.
12         (e)  This subsection shall authorize licensure for
13  comprehensive transitional education programs which by July 1,
14  1989:
15         1.  Are in actual operation; or
16         2.  Own a fee simple interest in real property for
17  which a county or city government has approved zoning allowing
18  for the placement of the facilities described in this
19  subsection, and have registered an intent with the department
20  to operate a comprehensive transitional education program.
21  However, nothing shall prohibit the assignment by such a
22  registrant to another entity at a different site within the
23  state, so long as there is compliance with all criteria of the
24  comprehensive transitional education program and local zoning
25  requirements and provided that each residential facility
26  within the component centers or units of the program
27  authorized under this subparagraph shall not exceed a capacity
28  of 15 persons.
29         (8)  "Day habilitation facility" means any
30  nonresidential facility which provides day habilitation
31  services.
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 1         (9)  "Day habilitation service" means assistance with
 2  the acquisition, retention, or improvement in self-help,
 3  socialization, and adaptive skills which takes place in a
 4  nonresidential setting, separate from the home or facility in
 5  which the individual resides. Day habilitation services shall
 6  focus on enabling the individual to attain or maintain his or
 7  her maximum functional level and shall be coordinated with any
 8  physical, occupational, or speech therapies listed in the plan
 9  of care.
10         (10)  "Developmental disability" means a disorder or
11  syndrome that is attributable to retardation, cerebral palsy,
12  autism, spina bifida, or Prader-Willi syndrome and that
13  constitutes a substantial handicap that can reasonably be
14  expected to continue indefinitely.
15         (11)  "Developmental disabilities institution" means a
16  state-owned and state-operated facility, formerly known as a
17  "Sunland Center," providing for the care, habilitation, and
18  rehabilitation of clients with developmental disabilities.
19         (12)  "Direct service provider," also known as
20  "caregiver" in chapters 39 and 415 or "caretaker" in
21  provisions relating to employment security checks, means a
22  person 18 years of age or older who has direct contact with
23  individuals with developmental disabilities, or has access to
24  a client's living areas or to a client's funds or personal
25  property, and is not a relative of such individuals.
26         (13)  "Domicile" means the place where a client legally
27  resides, which place is his or her permanent home. Domicile
28  may be established as provided in s. 222.17. Domicile may not
29  be established in Florida by a minor who has no parent
30  domiciled in Florida, or by a minor who has no legal guardian
31  
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 1  domiciled in Florida, or by any alien not classified as a
 2  resident alien.
 3         (14)  "Enclave" means a work station in public or
 4  private business or industry where a small group of persons
 5  with developmental disabilities is employed and receives
 6  training and support services or follow-along services among
 7  nonhandicapped workers.
 8         (13)(15)  "Epilepsy" means a chronic brain disorder of
 9  various causes which is characterized by recurrent seizures
10  due to excessive discharge of cerebral neurons. When found
11  concurrently with retardation, autism, or cerebral palsy,
12  epilepsy is considered a secondary disability for which the
13  client is eligible to receive services to ameliorate this
14  condition pursuant to this chapter.
15         (14)(16)  "Express and informed consent" means consent
16  voluntarily given in writing with sufficient knowledge and
17  comprehension of the subject matter involved to enable the
18  person giving consent to make an understanding and enlightened
19  decision without any element of force, fraud, deceit, duress,
20  or other form of constraint or coercion.
21         (15)(17)  "Family care program" means the program
22  established in s. 393.068.
23         (18)  "Follow-along services" means those support
24  services provided to persons with developmental disabilities
25  in all supported employment programs and may include, but are
26  not limited to, family support, assistance in meeting
27  transportation and medical needs, employer intervention,
28  performance evaluation, advocacy, replacement, retraining or
29  promotional assistance, or other similar support services.
30         (16)(19)  "Foster care facility" means a residential
31  facility which provides a family living environment including
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 1  supervision and care necessary to meet the physical,
 2  emotional, and social needs of its residents. The capacity of
 3  such a facility shall not be more than three residents.
 4         (17)(20)  "Group home facility" means a residential
 5  facility which provides a family living environment including
 6  supervision and care necessary to meet the physical,
 7  emotional, and social needs of its residents. The capacity of
 8  such a facility shall be at least 4 but not more than 15
 9  residents. For the purposes of this chapter, group home
10  facilities shall not be considered commercial enterprises.
11         (18)(21)  "Guardian advocate" means a person appointed
12  by a written order of the court to represent a person with
13  developmental disabilities under s. 393.12.
14         (19)(22)  "Habilitation" means the process by which a
15  client is assisted to acquire and maintain those life skills
16  which enable the client to cope more effectively with the
17  demands of his or her condition and environment and to raise
18  the level of his or her physical, mental, and social
19  efficiency. It includes, but is not limited to, programs of
20  formal structured education and treatment.
21         (20)(23)  "High-risk child" means, for the purposes of
22  this chapter, a child from birth to 5 years of age with one or
23  more of the following characteristics:
24         (a)  A developmental delay in cognition, language, or
25  physical development.
26         (b)  A child surviving a catastrophic infectious or
27  traumatic illness known to be associated with developmental
28  delay, when funds are specifically appropriated.
29         (c)  A child with a parent or guardian with
30  developmental disabilities who requires assistance in meeting
31  the child's developmental needs.
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 1         (d)  A child who has a physical or genetic anomaly
 2  associated with developmental disability.
 3         (21)(24)  "Intermediate care facility" means a facility
 4  for the developmentally disabled which is disabled" or
 5  "ICF/DD" means a residential facility licensed and certified
 6  pursuant to part XI of chapter 400.
 7         (25)  "Job coach" means a person who provides
 8  employment-related training at a work site to individuals with
 9  developmental disabilities.
10         (22)(26)  "Medical/dental services" means medically
11  necessary those services that which are provided or ordered
12  for a client by a person licensed under pursuant to the
13  provisions of chapter 458, chapter 459, or chapter 466. Such
14  services may include, but are not limited to, prescription
15  drugs, specialized therapies, nursing supervision,
16  hospitalization, dietary services, prosthetic devices,
17  surgery, specialized equipment and supplies, adaptive
18  equipment, and other services as required to prevent or
19  alleviate a medical or dental condition.
20         (27)  "Mobile work crew" means a group of workers
21  employed by an agency that provides services outside the
22  agency, usually under service contracts.
23         (28)  "Normalization principle" means the principle of
24  letting the client obtain an existence as close to the normal
25  as possible, making available to the client patterns and
26  conditions of everyday life which are as close as possible to
27  the norm and patterns of the mainstream of society.
28         (23)(29)  "Personal services" include, but are not
29  limited to, such services as: individual assistance with or
30  supervision of essential activities of daily living for
31  self-care, including ambulation, bathing, dressing, eating,
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 1  grooming, and toileting, and other similar services that the
 2  agency may define by rule. "Personal services" shall not be
 3  construed to mean the provision of medical, nursing, dental,
 4  or mental health services by the staff of a facility, except
 5  as provided in this chapter. In addition, an emergency
 6  response device installed in the apartment or living area of a
 7  resident shall not be classified as a personal service.
 8         (24)(30)  "Prader-Willi syndrome" means an inherited
 9  condition typified by neonatal hypotonia with failure to
10  thrive, hyperphagia or an excessive drive to eat which leads
11  to obesity usually at 18 to 36 months of age, mild to moderate
12  retardation, hypogonadism, short stature, mild facial
13  dysmorphism, and a characteristic neurobehavior.
14         (25)  "Principles of self-determination" means an
15  individual's freedom to exercise the same rights as all other
16  persons; authority to exercise control over funds needed for
17  one's own support, including the ability to arrange funds by
18  order of priority when necessary; responsibility for the wise
19  use of public funds; and freedom to speak as an advocate for
20  oneself and others who cannot do so in order to gain
21  independence and ensure that all individuals with a
22  developmental disability are treated equally.
23         (26)(31)  "Reassessment" means a process which
24  periodically develops, through annual review and revision of a
25  client's family or individual support plan, a knowledgeable
26  statement of current needs and past development for each
27  client.
28         (27)(32)  "Relative" means an individual who is
29  connected by affinity or consanguinity to the client and who
30  is 18 years of age or more.
31  
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 1         (28)(33)  "Resident" means any person who is
 2  developmentally disabled residing at a residential facility in
 3  the state, whether or not such person is a client of the
 4  agency.
 5         (29)(34)  "Residential facility" means a facility
 6  providing room and board and personal care for persons with
 7  developmental disabilities.
 8         (30)(35)  "Residential habilitation" means assistance
 9  provided with acquisition, retention, or improvement in skills
10  related to activities of daily living, such as personal
11  grooming and cleanliness, bedmaking and household chores,
12  eating and the preparation of food, and the social and
13  adaptive skills necessary to enable the individual to reside
14  in a noninstitutional setting.
15         (31)(36)  "Residential habilitation center" means a
16  community residential facility that provides residential
17  habilitation. The capacity of such a facility shall not be
18  fewer than nine residents. After October 1, 1989, no new
19  residential habilitation centers shall be licensed and the
20  licensed capacity shall not be increased for any existing
21  residential habilitation center.
22         (32)(37)  "Respite service" means appropriate,
23  short-term, temporary care that is provided to a person with
24  developmental disabilities to meet the planned or emergency
25  needs of the person or the family or other direct service
26  provider.
27         (33)(38)  "Retardation" means significantly subaverage
28  general intellectual functioning existing concurrently with
29  deficits in adaptive behavior and manifested during the period
30  from conception to age 18. "Significantly subaverage general
31  intellectual functioning," for the purpose of this definition,
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 1  means performance which is two or more standard deviations
 2  from the mean score on a standardized intelligence test
 3  specified in the rules of the agency. "Adaptive behavior," for
 4  the purpose of this definition, means the effectiveness or
 5  degree with which an individual meets the standards of
 6  personal independence and social responsibility expected of
 7  his or her age, cultural group, and community.
 8         (39)  "Severe self-injurious behavior" means any
 9  chronic behavior that results in injury to the person's own
10  body, which includes, but is not limited to, self-hitting,
11  head banging, self-biting, scratching, and the ingestion of
12  harmful or potentially harmful nutritive or nonnutritive
13  substances.
14         (34)(40)  "Specialized therapies" means those
15  treatments or activities prescribed by and provided by an
16  appropriately trained, licensed, or certified professional or
17  staff person and may include, but are not limited to, physical
18  therapy, speech therapy, respiratory therapy, occupational
19  therapy, behavior therapy, physical management services, and
20  related specialized equipment and supplies.
21         (35)(41)  "Spina bifida" means, for purposes of this
22  chapter, a person with a medical diagnosis of spina bifida
23  cystica or myelomeningocele.
24         (36)(42)  "Support coordinator" means a person who is
25  designated by the agency to assist individuals and families in
26  identifying their capacities, needs, and resources, as well as
27  finding and gaining access to necessary supports and services;
28  coordinating the delivery of supports and services; advocating
29  on behalf of the individual and family; maintaining relevant
30  records; and monitoring and evaluating the delivery of
31  supports and services to determine the extent to which they
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 1  meet the needs and expectations identified by the individual,
 2  family, and others who participated in the development of the
 3  support plan. The decision whether to use the services of a
 4  support coordinator, as well as the frequency, scope, and
 5  intensity of the support coordinator's activities, shall be
 6  determined by the individual or the individual's legal
 7  guardian.
 8         (37)(43)  "Supported employee" means a person who
 9  requires and receives supported employment services in order
10  to maintain community-based employment.
11         (38)(44)  "Supported employment" means employment
12  located or provided in a normal employment setting which
13  provides at least 20 hours employment per week in an
14  integrated work setting, with earnings paid on a commensurate
15  wage basis, and for which continued support is needed for job
16  maintenance.
17         (39)(45)  "Supported living" means a category of
18  individually determined services designed and coordinated in
19  such a manner as to provide assistance to adult clients who
20  require ongoing supports to live as independently as possible
21  in their own homes, to be integrated into the community, and
22  to participate in community life to the fullest extent
23  possible.
24         (40)(46)  "Training" means a planned approach to
25  assisting a client to attain or maintain his or her maximum
26  potential and includes services ranging from sensory
27  stimulation to instruction in skills for independent living
28  and employment.
29         (41)(47)  "Treatment" means the prevention,
30  amelioration, or cure of a client's physical and mental
31  disabilities or illnesses.
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 1         Section 7.  Subsections (1), (2), and (4) of section
 2  393.064, Florida Statutes, are amended to read:
 3         393.064  Prevention.--
 4         (1)  The agency shall give priority to the development,
 5  planning, and implementation of programs which have the
 6  potential to prevent, correct, cure, or reduce the severity of
 7  developmental disabilities. The agency shall direct an
 8  interagency and interprogram effort for the continued
 9  development of a prevention plan and program. The agency shall
10  identify, through demonstration projects, through program
11  evaluation, and through monitoring of programs and projects
12  conducted outside of the agency, any medical, social,
13  economic, or educational methods, techniques, or procedures
14  that have the potential to effectively ameliorate, correct, or
15  cure developmental disabilities. The agency program shall
16  determine the costs and benefits that would be associated with
17  such prevention efforts and shall implement, or recommend the
18  implementation of, those methods, techniques, or procedures
19  which are found likely to be cost-beneficial.
20         (2)  Prevention services provided by the agency shall
21  developmental services program include services to high-risk
22  and developmentally disabled children with developmental
23  disabilities from birth to 5 years of age, and their families,
24  to meet the intent of chapter 411. Except for services for
25  children from birth to 3 years of age which Such services
26  shall include individual evaluations or assessments necessary
27  to diagnose a developmental disability or high-risk condition
28  and to determine appropriate individual family and support
29  services, unless evaluations or assessments are the
30  responsibility of the Division of Children's Medical Services
31  in the Department of Health Prevention and Intervention for
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 1  children ages birth to 3 years eligible for services under
 2  this chapter or part H of the Individuals with Disabilities
 3  Education Act, such services and may include:
 4         (a)  Individual evaluations or assessments that are
 5  necessary to diagnose a developmental disability or high-risk
 6  condition and to determine appropriate individual family and
 7  support services.
 8         (b)(a)  Early intervention services, including
 9  developmental training and specialized therapies. Early
10  intervention services, which are the responsibility of the
11  Division of Children's Medical Services Prevention and
12  Intervention for children ages birth to 3 years who are
13  eligible for services under this chapter or under part H of
14  the Individuals with Disabilities Education Act, shall not be
15  provided through the developmental services program unless
16  funding is specifically appropriated to the developmental
17  services program for this purpose.
18         (c)(b)  Support services, such as respite care, parent
19  education and training, parent-to-parent counseling, homemaker
20  services, and other services which allow families to maintain
21  and provide quality care to children in their homes. The
22  Division of Children's Medical Services Prevention and
23  Intervention is responsible for the provision of services to
24  children from birth to 3 years who are eligible for services
25  under this chapter.
26         (4)  There is created at the Developmental Disabilities
27  services Institution in Gainesville a research and education
28  unit. Such unit shall be named the Raymond C. Philips Research
29  and Education Unit. The functions of such unit shall include:
30         (a)  Research into the etiology of developmental
31  disabilities.
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 1         (b)  Ensuring that new knowledge is rapidly
 2  disseminated throughout the developmental services program of
 3  the agency.
 4         (c)  Diagnosis of unusual conditions and syndromes
 5  associated with developmental disabilities in clients
 6  identified throughout the developmental disabilities services
 7  programs.
 8         (d)  Evaluation of families of clients with
 9  developmental disabilities of genetic origin in order to
10  provide them with genetic counseling aimed at preventing the
11  recurrence of the disorder in other family members.
12         (e)  Ensuring that health professionals in the
13  Developmental Disabilities services Institution at Gainesville
14  have access to information systems that will allow them to
15  remain updated on newer knowledge and maintain their
16  postgraduate education standards.
17         (f)  Enhancing staff training for professionals
18  throughout the agency in the areas of genetics and
19  developmental disabilities.
20         Section 8.  Section 393.0641, Florida Statutes, is
21  amended to read:
22         393.0641  Program for the prevention and treatment of
23  severe self-injurious behavior.--
24         (1)  Contingent upon specific appropriations, there is
25  created a diagnostic, treatment, training, and research
26  program for clients exhibiting severe self-injurious behavior.
27  As used in this section, the term "severe self-injurious
28  behavior" means any chronic behavior that results in injury to
29  the person's own body, including, but not limited to,
30  self-hitting, head banging, self-biting, scratching, and
31  
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 1  ingesting harmful or potentially harmful nutritive or
 2  nonnutritive substances.
 3         (2)  The This program shall:
 4         (a)  Serve as a resource center for information,
 5  training, and program development.
 6         (b)  Research the diagnosis and treatment of severe
 7  self-injurious behavior, and related disorders, and develop
 8  methods of prevention and treatment of self-injurious
 9  behavior.
10         (c)  Identify individuals in critical need.
11         (d)  Develop treatment programs which are meaningful to
12  individuals with developmental disabilities, in critical need,
13  while safeguarding and respecting the legal and human rights
14  of the individuals.
15         (e)  Disseminate research findings on the prevention
16  and treatment of severe self-injurious behavior.
17         (f)  Collect data on the type, severity, incidence, and
18  demographics of individuals with severe self-injurious
19  behavior, and disseminate the data.
20         (3)(2)  The This program shall adhere to the provisions
21  of s. 393.13.
22         (4)(3)  The agency may contract for the provision of
23  any portion or all of the services required by the program.
24         (5)(4)  The agency may has the authority to license
25  this program and shall adopt rules to administer implement the
26  program.
27         Section 9.  Subsections (1) and (4) of section 393.065,
28  Florida Statutes, are amended, and subsection (5) is added to
29  that section, to read:
30         393.065  Application and eligibility determination.--
31  
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 1         (1)  Application for services shall be made in writing
 2  to the agency, in the district in which the applicant resides.
 3  For children younger than 6 years of age, Employees of the
 4  agency's developmental services program shall review each
 5  applicant shall be reviewed for eligibility within 45 days
 6  after the date the application is signed, and for all other
 7  applicants, for children under 6 years of age and within 60
 8  days after the date the application is signed for all other
 9  applicants. When necessary to definitively identify individual
10  conditions or needs, the agency shall provide a comprehensive
11  assessment. Only individuals whose domicile is in Florida are
12  eligible for services. Domicile may be established as provided
13  in s. 222.17. A minor who does not have a parent or legal
14  guardian domiciled in this state or an alien who is not
15  classified as a resident alien may not establish domicile in
16  Florida. Information accumulated by other agencies, including
17  professional reports and collateral data, shall be considered
18  in this process when available.
19         (4)  The agency shall assess the level of need and
20  medical necessity for prospective residents of
21  intermediate-care facilities for the developmentally disabled
22  after October 1, 1999. The agency may enter into an agreement
23  with the Department of Elderly Affairs for its Comprehensive
24  Assessment and Review for Long-Term-Care Services (CARES)
25  program to conduct assessments to determine the level of need
26  and medical necessity for long-term-care services under this
27  chapter. To the extent permissible under federal law, the
28  assessments must be funded under Title XIX of the Social
29  Security Act.
30  
31  
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 1         (5)  The agency may adopt rules specifying application
 2  procedures and eligibility criteria as needed to administer
 3  this section.
 4         Section 10.  Section 393.0651, Florida Statutes, is
 5  amended to read:
 6         393.0651  Family or individual support plan.--The
 7  agency shall provide directly or contract for the development
 8  of a an appropriate family support plan for children ages
 9  birth to 18 years of age and an individual support plan for
10  each client. The parent or guardian of the client or, if
11  competent, the client's parent or guardian the client, or,
12  when appropriate, the client advocate, shall be consulted in
13  the development of the plan and shall receive a copy of the
14  plan. Each plan shall include the most appropriate, least
15  restrictive, and most cost-beneficial environment for
16  accomplishment of the objectives for client progress and a
17  specification of all services authorized. The plan shall
18  include provisions for the most appropriate level of care for
19  the client. Within the specification of needs and services for
20  each client, if when residential care is necessary, the agency
21  shall move toward placement of clients in residential
22  facilities based within the client's community. The ultimate
23  goal of each plan, whenever possible, shall be to enable the
24  client to live a dignified life in the least restrictive
25  setting, be that in the home or in the community. For children
26  under 6 years of age, the family support plan shall be
27  developed within the 45-day application period as specified in
28  s. 393.065(1); for all applicants 6 years of age or older, the
29  family or individual support plan shall be developed within
30  the 60-day period as specified in that subsection.
31  
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 1         (1)  The agency shall develop and specify by rule the
 2  core components of support plans to be used by each district.
 3         (2)(a)  The family or individual support plan shall be
 4  integrated with the individual education plan (IEP) for all
 5  clients who are public school students entitled to a free
 6  appropriate public education under the Individuals with
 7  Disabilities Education Act, I.D.E.A., as amended. The family
 8  or individual support plan and IEP shall be implemented to
 9  maximize the attainment of educational and habilitation goals.
10         (a)  If the IEP for a student enrolled in a public
11  school program indicates placement in a public or private
12  residential program is necessary to provide special education
13  and related services to a client, the local education agency
14  shall provide for the costs of that service in accordance with
15  the requirements of the Individuals with Disabilities
16  Education Act, I.D.E.A., as amended. This shall not preclude
17  local education agencies and the agency from sharing the
18  residential service costs of students who are clients and
19  require residential placement. Under no circumstances shall
20  clients entitled to a public education or their parents be
21  assessed a fee by the agency under s. 393.071 s. 402.33 for
22  placement in a residential program.
23         (b)  For clients who are entering or exiting the school
24  system, an interdepartmental staffing team composed of
25  representatives of the agency and the local school system
26  shall develop a written transitional living and training plan
27  with the participation of the client or with the parent or
28  guardian of the client, or the client advocate, as
29  appropriate.
30  
31  
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 1         (3)  Each family or individual support plan shall be
 2  facilitated through case management designed solely to advance
 3  the individual needs of the client.
 4         (4)  In the development of the family or individual
 5  support plan, a client advocate may be appointed by the
 6  support planning team for a client who is a minor or for a
 7  client who is not capable of express and informed consent
 8  when:
 9         (a)  The parent or guardian cannot be identified;
10         (b)  The whereabouts of the parent or guardian cannot
11  be discovered; or
12         (c)  The state is the only legal representative of the
13  client.
14  
15  Such appointment shall not be construed to extend the powers
16  of the client advocate to include any of those powers
17  delegated by law to a legal guardian.
18         (5)  The agency shall place a client in the most
19  appropriate and least-restrictive least restrictive, and
20  cost-beneficial, residential setting facility according to his
21  or her individual habilitation plan. The parent or guardian of
22  The client or, if competent, the client's parent or guardian
23  client, or, when appropriate, the client advocate, and the
24  administrator of the residential facility to which placement
25  is proposed shall be consulted in determining the appropriate
26  placement for the client. Considerations for placement shall
27  be made in the following order:
28         (a)  Client's own home or the home of a family member
29  or direct service provider.
30         (b)  Foster care facility.
31         (c)  Group home facility.
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 1         (d)  Intermediate care facility for the developmentally
 2  disabled.
 3         (e)  Other facilities licensed by the agency which
 4  offer special programs for people with developmental
 5  disabilities.
 6         (f)  Developmental disabilities services institution.
 7         (6)  In developing a client's annual family or
 8  individual support plan, the individual or family with the
 9  assistance of the support planning team shall identify
10  measurable objectives for client progress and shall specify a
11  time period expected for achievement of each objective.
12  Services that are not having the planned effect or that have
13  produced the maximum benefit shall be reduced or discontinued.
14         (7)  The individual, family, and support coordinator
15  shall review progress in achieving the objectives specified in
16  Each client's family or individual support plan, and shall be
17  reviewed and revised revise the plan annually, following
18  consultation with the client, if competent, or with the parent
19  or guardian of the client, or, when appropriate, the client
20  advocate. The agency shall annually report in writing to the
21  client, if competent, or to the parent or guardian of the
22  client, or to the client advocate, when appropriate, with
23  respect to the client's habilitative and medical progress.
24         (8)  Any client, or any parent of a minor client, or
25  guardian, authorized guardian advocate, or client advocate for
26  a client, who is substantially affected by the client's
27  initial family or individual support plan, or the annual
28  review thereof, shall have the right to file a notice to
29  challenge the decision pursuant to ss. 120.569 and 120.57.
30  Notice of such right to appeal shall be included in all
31  support plans provided by the agency.
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 1         Section 11.  Subsections (1) and (4) of section
 2  393.0655, Florida Statutes, are amended, and subsection (5) is
 3  added to that section, to read:
 4         393.0655  Screening of direct service providers.--
 5         (1)  MINIMUM STANDARDS.--The agency shall require level
 6  2 employment screening pursuant to chapter 435 for direct
 7  service providers who are unrelated to their clients,
 8  including support coordinators, and managers and supervisors
 9  of residential facilities or comprehensive transitional
10  education programs licensed under s. 393.18 s. 393.067 and any
11  other person, including volunteers, who provide care or
12  services, who have access to a client's living areas, or who
13  have access to a client's funds or personal property.
14  Background screening shall include employment history checks
15  as provided in s. 435.03(1) and local criminal records checks
16  through local law enforcement agencies.
17         (a)  A volunteer who assists on an intermittent basis
18  for less than 40 hours per month does not have to be screened
19  if the volunteer is under the direct and constant supervision
20  of persons who meet the screening requirements of this
21  section.
22         (b)  Licensed physicians, nurses, or other
23  professionals licensed and regulated by the Department of
24  Health are not subject to background screening pursuant to
25  this section if they are providing a service that is within
26  their scope of licensed practice.
27         (c)  A person selected by the family or the individual
28  with developmental disabilities and paid by the family or the
29  individual to provide supports or services is not required to
30  have a background screening under this section.
31  
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 1         (d)  Persons residing with the direct services
 2  provider, including family members, are subject to background
 3  screening; however, such persons who are 12 to 18 years of age
 4  shall be screened for delinquency records only.
 5         (4)  EXCLUSION FROM OWNING, OPERATING, OR BEING
 6  EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL FACILITY;
 7  HEARINGS PROVIDED.--
 8         (a)  The agency shall deny, suspend, terminate, or
 9  revoke a license or, certification, rate agreement, purchase
10  order, or contract, or pursue other remedies provided in s.
11  393.0673, s. 393.0675, or s. 393.0678 in addition to or in
12  lieu of denial, suspension, termination, or revocation for
13  failure to comply with this section.
14         (b)  When the agency has reasonable cause to believe
15  that grounds for denial or termination of employment exist, it
16  shall notify, in writing, the employer and the person direct
17  service provider affected, stating the specific record which
18  indicates noncompliance with the standards in this section.
19         (c)  The procedures established for hearing under
20  chapter 120 shall be available to the employer and the person
21  affected direct service provider in order to present evidence
22  relating either to the accuracy of the basis of exclusion or
23  to the denial of an exemption from disqualification.
24         (d)  Refusal on the part of an employer to dismiss a
25  manager, supervisor, or direct service provider who has been
26  found to be in noncompliance with standards of this section
27  shall result in automatic denial, termination, or revocation
28  of the license, certification, rate agreement, purchase order,
29  or contract, in addition to any other remedies pursued by the
30  agency.
31  
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 1         (5)  RULES.--The agency shall adopt by rule procedures
 2  and timeframes for conducting background screening under this
 3  chapter.
 4         Section 12.  Section 393.0657, Florida Statutes, is
 5  amended to read:
 6         393.0657  Persons not required to be refingerprinted or
 7  rescreened.--Any provision of law to the contrary
 8  notwithstanding, Human resource personnel who have been
 9  fingerprinted or screened pursuant to chapters 393, 394, 397,
10  402, and 409, and teachers who have been fingerprinted
11  pursuant to chapter 1012, who have not been unemployed for
12  more than 90 days thereafter, and who under the penalty of
13  perjury attest to the completion of such fingerprinting or
14  screening and to compliance with the provisions of this
15  section are and the standards for good moral character as
16  contained in such provisions as ss. 110.1127(3), 393.0655(1),
17  394.457(6), 397.451, 402.305(2), and 409.175(6), shall not be
18  required to be refingerprinted or rescreened in order to
19  comply with the any direct service provider screening or
20  fingerprinting requirements of this chapter.
21         Section 13.  Subsections (1), (2), (3), and (8) of
22  section 393.066, Florida Statutes, are amended to read:
23         393.066  Community services and treatment for persons
24  who are developmentally disabled.--
25         (1)  The agency shall plan, develop, organize, and
26  implement its programs of services and treatment for persons
27  who are developmentally disabled to allow clients to live as
28  independently as possible in their own homes or communities
29  and to achieve productive lives as close to normal as
30  possible. All elements of community-based services shall be
31  made available, and eligibility for these services shall be
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 1  consistent across the state. In addition, all purchased
 2  services shall be approved by the agency.
 3         (2)  All services needed shall be purchased instead of
 4  provided directly by the agency, when such arrangement is more
 5  cost-efficient than having those services provided directly.
 6  All purchased services must be approved by the agency.
 7         (3)  Community-based services that are medically
 8  necessary to prevent institutionalization shall, to the extent
 9  of available resources, include:
10         (a)  Day habilitation services, including developmental
11  training services.
12         (b)  Family care services.
13         (c)  Guardian advocate referral services.
14         (d)  Medical/dental services, except that medical
15  services shall not be provided to clients with spina bifida
16  except as specifically appropriated by the Legislature.
17         (e)  Parent training.
18         (f)  Recreation.
19         (g)  Residential services.
20         (h)  Respite services.
21         (i)  Social services.
22         (j)  Specialized therapies.
23         (k)  Supported employment, including enclave, job
24  coach, mobile work crew, and follow-along services.
25         (l)  Supported living.
26         (m)  Training, including behavioral programming.
27         (n)  Transportation.
28         (o)  Other habilitative and rehabilitative services as
29  needed.
30         (8)  The agency may adopt rules governing the
31  availability and purchase of to ensure compliance with federal
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 1  laws or regulations that apply to services provided under
 2  pursuant to this section.
 3         Section 14.  Subsections (1), (5), (6), (7), (8), (9),
 4  (10), (11), (12), (13), (14), (15), (16), and (17) of section
 5  393.067, Florida Statutes, are amended to read:
 6         393.067  Licensure of residential facilities and
 7  comprehensive transitional education programs.--
 8         (1)  The agency shall provide through its licensing
 9  authority and by rule a system of application procedures,
10  provider qualifications, standards, training criteria for
11  meeting standards, and monitoring for residential facilities
12  and comprehensive transitional education programs. The
13  recipient of a license under this section does not have a
14  property right to that license. A license issued under this
15  section is a public trust and a privilege and is not an
16  entitlement. This privilege must guide the finder of fact or
17  trier of law at any administrative proceeding or court action
18  initiated by the agency.
19         (5)  The applicant shall submit evidence which
20  establishes the good moral character of the manager or
21  supervisor of the facility or program and the direct service
22  providers in the facility or program and its component centers
23  or units. A license may be issued if all the screening
24  materials have been timely submitted; however, a license may
25  not be issued or renewed if any of the direct service
26  providers have failed the screening required by s. 393.0655.
27         (a)1.  A licensed residential facility or comprehensive
28  transitional education program which applies for renewal of
29  its license shall submit to the agency a list of direct
30  service providers who have worked on a continuous basis at the
31  applicant facility or program since submitting fingerprints to
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 1  the agency or the Department of Children and Family Services,
 2  identifying those direct service providers for whom a written
 3  assurance of compliance was provided by the agency or
 4  department and identifying those direct service providers who
 5  have recently begun working at the facility or program and are
 6  awaiting the results of the required fingerprint check along
 7  with the date of the submission of those fingerprints for
 8  processing. The agency shall by rule determine the frequency
 9  of requests to the Department of Law Enforcement to run state
10  criminal records checks for such direct service providers
11  except for those direct service providers awaiting the results
12  of initial fingerprint checks for employment at the applicant
13  facility or program. The agency shall review the records of
14  the direct service providers at the applicant facility or
15  program with respect to the crimes specified in s. 393.0655
16  and shall notify the facility or program of its findings. When
17  disposition information is missing on a criminal record, it is
18  the responsibility of the person being screened, upon request
19  of the agency, to obtain and supply within 30 days the missing
20  disposition information to the agency. Failure to supply the
21  missing information within 30 days or to show reasonable
22  efforts to obtain such information shall result in automatic
23  disqualification.
24         2.  The applicant shall sign an affidavit under penalty
25  of perjury stating that all new direct service providers have
26  been fingerprinted and that the facility's or program's
27  remaining direct service providers have worked at the
28  applicant facility or program on a continuous basis since
29  being initially screened at that facility or program or have a
30  written assurance of compliance from the agency or department.
31  
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 1         (b)  As a prerequisite for issuance of the initial or
 2  renewal license for to a residential facility or comprehensive
 3  transitional education program, the applicant, manager,
 4  supervisor, and all direct service providers must submit to
 5  background screening as required under s. 393.0655. A license
 6  may not be issued or renewed if the applicant and any of the
 7  managers, supervisors, or direct service providers of the
 8  facility or program have failed the screening required by s.
 9  393.0655.:
10         1.  The applicant shall submit to the agency a complete
11  set of fingerprints, taken by an authorized law enforcement
12  agency or an employee of the agency who is trained to take
13  fingerprints, for the manager, supervisor, or direct service
14  providers of the facility or program;
15         2.  The agency shall submit the fingerprints to the
16  Department of Law Enforcement for state processing and for
17  federal processing by the Federal Bureau of Investigation; and
18         3.  The agency shall review the record of the manager
19  or supervisor with respect to the crimes specified in s.
20  393.0655(1) and shall notify the applicant of its findings.
21  When disposition information is missing on a criminal record,
22  it is the responsibility of the manager or supervisor, upon
23  request of the agency, to obtain and supply within 30 days the
24  missing disposition information to the agency. Failure to
25  supply the missing information within 30 days or to show
26  reasonable efforts to obtain such information shall result in
27  automatic disqualification.
28         (c)  The agency or a residential facility or
29  comprehensive transitional education program may not use the
30  criminal records or juvenile records of a person obtained
31  under this subsection for any purpose other than determining
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 1  if that person meets the minimum standards for good moral
 2  character for a manager or supervisor of, or direct service
 3  provider in, such a facility or program. The criminal records
 4  or juvenile records obtained by the agency or a residential
 5  facility or comprehensive transitional education program for
 6  determining the moral character of a manager, supervisor, or
 7  direct service provider are exempt from s. 119.07(1).
 8         (6)  Each applicant for licensure as an intermediate
 9  care facility for the developmentally disabled must comply
10  with the following requirements:
11         (a)  Upon receipt of a completed, signed, and dated
12  application, the agency shall require background screening, in
13  accordance with the level 2 standards for screening set forth
14  in chapter 435, of the managing employee, or other similarly
15  titled individual who is responsible for the daily operation
16  of the facility, and of the financial officer, or other
17  similarly titled individual who is responsible for the
18  financial operation of the center, including billings for
19  resident care and services.  The applicant must comply with
20  the procedures for level 2 background screening as set forth
21  in chapter 435, as well as the requirements of s. 435.03(3).
22         (b)  The agency may require background screening of any
23  other individual who is an applicant if the agency has
24  probable cause to believe that he or she has been convicted of
25  a crime or has committed any other offense prohibited under
26  the level 2 standards for screening set forth in chapter 435.
27         (c)  Proof of compliance with the level 2 background
28  screening requirements of chapter 435 which has been submitted
29  within the previous 5 years in compliance with any other
30  health care licensure requirements of this state is acceptable
31  in fulfillment of the requirements of paragraph (a).
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 1         (d)  A provisional license may be granted to an
 2  applicant when each individual required by this section to
 3  undergo background screening has met the standards for the
 4  Department of Law Enforcement background check, but the agency
 5  has not yet received background screening results from the
 6  Federal Bureau of Investigation, or a request for a
 7  disqualification exemption has been submitted to the agency as
 8  set forth in chapter 435, but a response has not yet been
 9  issued. A standard license may be granted to the applicant
10  upon the agency's receipt of a report of the results of the
11  Federal Bureau of Investigation background screening for each
12  individual required by this section to undergo background
13  screening which confirms that all standards have been met, or
14  upon the granting of a disqualification exemption by the
15  agency as set forth in chapter 435. Any other person who is
16  required to undergo level 2 background screening may serve in
17  his or her capacity pending the agency's receipt of the report
18  from the Federal Bureau of Investigation. However, the person
19  may not continue to serve if the report indicates any
20  violation of background screening standards and a
21  disqualification exemption has not been requested of and
22  granted by the agency as set forth in chapter 435.
23         (e)  Each applicant must submit to the agency, with its
24  application, a description and explanation of any exclusions,
25  permanent suspensions, or terminations of the applicant from
26  the Medicare or Medicaid programs. Proof of compliance with
27  the requirements for disclosure of ownership and control
28  interests under the Medicaid or Medicare programs shall be
29  accepted in lieu of this submission.
30         (f)  Each applicant must submit to the agency a
31  description and explanation of any conviction of an offense
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 1  prohibited under the level 2 standards of chapter 435 by a
 2  member of the board of directors of the applicant, its
 3  officers, or any individual owning 5 percent or more of the
 4  applicant. This requirement does not apply to a director of a
 5  not-for-profit corporation or organization if the director
 6  serves solely in a voluntary capacity for the corporation or
 7  organization, does not regularly take part in the day-to-day
 8  operational decisions of the corporation or organization,
 9  receives no remuneration for his or her services on the
10  corporation or organization's board of directors, and has no
11  financial interest and has no family members with a financial
12  interest in the corporation or organization, provided that the
13  director and the not-for-profit corporation or organization
14  include in the application a statement affirming that the
15  director's relationship to the corporation satisfies the
16  requirements of this paragraph.
17         (g)  A license may not be granted to an applicant if
18  the applicant or managing employee has been found guilty of,
19  regardless of adjudication, or has entered a plea of nolo
20  contendere or guilty to, any offense prohibited under the
21  level 2 standards for screening set forth in chapter 435,
22  unless an exemption from disqualification has been granted by
23  the agency as set forth in chapter 435.
24         (h)  The agency may deny or revoke licensure if the
25  applicant:
26         1.  Has falsely represented a material fact in the
27  application required by paragraph (e) or paragraph (f), or has
28  omitted any material fact from the application required by
29  paragraph (e) or paragraph (f); or
30  
31  
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 1         2.  Has had prior action taken against the applicant
 2  under the Medicaid or Medicare program as set forth in
 3  paragraph (e).
 4         (i)  An application for license renewal must contain
 5  the information required under paragraphs (e) and (f).
 6         (6)(7)  The applicant shall furnish satisfactory proof
 7  of financial ability to operate and conduct the facility or
 8  program in accordance with the requirements of this chapter
 9  and all adopted rules promulgated hereunder.
10         (7)(8)  The agency shall adopt rules establishing
11  minimum standards for licensure of residential facilities and
12  comprehensive transitional education programs, including rules
13  requiring facilities and programs to train staff to detect and
14  prevent sexual abuse of residents and clients, minimum
15  standards of quality and adequacy of care, and uniform
16  firesafety standards established by the State Fire Marshal
17  which are appropriate to the size of the facility or of the
18  component centers or units of the program.
19         (8)(9)  The agency and the Agency for Health Care
20  Administration, after consultation with the Department of
21  Community Affairs, shall adopt rules for residential
22  facilities under the respective regulatory jurisdiction of
23  each establishing minimum standards for the preparation and
24  annual update of a comprehensive emergency management plan. At
25  a minimum, the rules must provide for plan components that
26  address emergency evacuation transportation; adequate
27  sheltering arrangements; postdisaster activities, including
28  emergency power, food, and water; postdisaster transportation;
29  supplies; staffing; emergency equipment; individual
30  identification of residents and transfer of records; and
31  responding to family inquiries. The comprehensive emergency
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 1  management plan for all comprehensive transitional education
 2  programs and for homes serving individuals who have complex
 3  medical conditions is subject to review and approval by the
 4  local emergency management agency. During its review, the
 5  local emergency management agency shall ensure that the agency
 6  and the Department of Community Affairs following agencies, at
 7  a minimum, are given the opportunity to review the plan: the
 8  Agency for Health Care Administration, the Agency for Persons
 9  with Disabilities, and the Department of Community Affairs.
10  Also, appropriate volunteer organizations must be given the
11  opportunity to review the plan. The local emergency management
12  agency shall complete its review within 60 days and either
13  approve the plan or advise the facility of necessary
14  revisions.
15         (9)(10)  The agency may conduct unannounced inspections
16  to determine compliance by residential facilities and
17  comprehensive transitional education programs with the
18  applicable provisions of this chapter and the rules adopted
19  pursuant hereto, including the rules adopted for training
20  staff of a facility or a program to detect and prevent sexual
21  abuse of residents and clients. The facility or program shall
22  make copies of inspection reports available to the public upon
23  request.
24         (10)(11)  An alternative living center and an
25  independent living education center, as described defined in
26  s. 393.18 s. 393.063, shall be subject to the provisions of s.
27  419.001, except that such centers shall be exempt from the
28  1,000-foot-radius requirement of s. 419.001(2) if:
29         (a)  Such centers are located on a site zoned in a
30  manner so that all the component centers of a comprehensive
31  transition education center may be located thereon; or
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 1         (b)  There are no more than three such centers within
 2  said radius of 1,000 feet.
 3         (11)(12)  Each residential facility or comprehensive
 4  transitional education program licensed by the agency shall
 5  forward annually to the agency a true and accurate sworn
 6  statement of its costs of providing care to clients funded by
 7  the agency.
 8         (12)(13)  The agency may audit the records of any
 9  residential facility or comprehensive transitional education
10  program that it has reason to believe may not be in full
11  compliance with the provisions of this section; provided that,
12  any financial audit of such facility or program shall be
13  limited to the records of clients funded by the agency.
14         (13)(14)  The agency shall establish, for the purpose
15  of control of licensure costs, a uniform management
16  information system and a uniform reporting system with uniform
17  definitions and reporting categories.
18         (14)(15)  Facilities and programs licensed pursuant to
19  this section shall adhere to all rights specified in s.
20  393.13, including those enumerated in s. 393.13(4).
21         (15)(16)  No unlicensed residential facility or
22  comprehensive transitional education program shall receive
23  state funds.  A license for the operation of a facility or
24  program shall not be renewed if the licensee has any
25  outstanding fines assessed pursuant to this chapter wherein
26  final adjudication of such fines has been entered.
27         (16)(17)  The agency shall not be required to contract
28  with new facilities licensed after October 1, 1989, pursuant
29  to this chapter. Pursuant to chapter 287, the agency shall
30  continue to contract within available resources for
31  residential services with facilities licensed prior to October
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 1  1, 1989, if such facilities comply with the provisions of this
 2  chapter and all other applicable laws and regulations.
 3         Section 15.  Subsection (1) of section 393.0673,
 4  Florida Statutes, is amended to read:
 5         393.0673  Denial, suspension, revocation of license;
 6  moratorium on admissions; administrative fines; procedures.--
 7         (1)  The agency may deny, revoke, or suspend a license
 8  or impose an administrative fine, not to exceed $1,000 per
 9  violation per day, for a violation of any provision of s.
10  393.0655 or s. 393.067 or adopted rules adopted pursuant
11  thereto. All hearings shall be held within the county in which
12  the licensee or applicant operates or applies for a license to
13  operate a facility as defined herein.
14         Section 16.  Subsection (1) of section 393.0674,
15  Florida Statutes, is amended to read:
16         393.0674  Penalties.--
17         (1)  It is a misdemeanor of the first degree,
18  punishable as provided in s. 775.082 or s. 775.083, for any
19  person willfully, knowingly, or intentionally to:
20         (a)  Fail, by false statement, misrepresentation,
21  impersonation, or other fraudulent means, to disclose in any
22  application for voluntary or paid employment a material fact
23  used in making a determination as to such person's
24  qualifications to be a direct service provider;
25         (b)  Provide or attempt to provide supports or services
26  with direct service providers who are not in compliance
27  noncompliance with the background screening requirements set
28  forth minimum standards for good moral character as contained
29  in this chapter; or
30         (c)  Use information from the criminal records or
31  central abuse hotline obtained under s. 393.0655, s. 393.066,
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 1  or s. 393.067 for any purpose other than screening that person
 2  for employment as specified in those sections or release such
 3  information to any other person for any purpose other than
 4  screening for employment as specified in those sections.
 5         Section 17.  Subsection (3) of section 393.0675,
 6  Florida Statutes, is amended to read:
 7         393.0675  Injunctive proceedings authorized.--
 8         (3)  The agency may institute proceedings for an
 9  injunction in a court of competent jurisdiction to terminate
10  the operation of a provider of supports or services if such
11  provider has willfully and knowingly refused to comply with
12  the screening requirement for direct service providers or has
13  refused to terminate direct service providers found not to be
14  in compliance with that requirement the requirements for good
15  moral character.
16         Section 18.  Subsections (1) and (11) of section
17  393.0678, Florida Statutes, are amended to read:
18         393.0678  Receivership proceedings.--
19         (1)  The agency may petition a court of competent
20  jurisdiction for the appointment of a receiver for an
21  intermediate care facility for the developmentally disabled, a
22  residential habilitation center, or a group home facility
23  owned and operated by a corporation or partnership when any of
24  the following conditions exist:
25         (a)  Any person is operating a facility without a
26  license and refuses to make application for a license as
27  required by s. 393.067 or, in the case of an intermediate care
28  facility for the developmentally disabled, as required by ss.
29  393.067 and 400.062.
30         (b)  The licensee is closing the facility or has
31  informed the department that it intends to close the facility;
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 1  and adequate arrangements have not been made for relocation of
 2  the residents within 7 days, exclusive of weekends and
 3  holidays, of the closing of the facility.
 4         (c)  The agency determines that conditions exist in the
 5  facility which present an imminent danger to the health,
 6  safety, or welfare of the residents of the facility or which
 7  present a substantial probability that death or serious
 8  physical harm would result therefrom.  Whenever possible, the
 9  agency shall facilitate the continued operation of the
10  program.
11         (d)  The licensee cannot meet its financial obligations
12  to provide food, shelter, care, and utilities. Evidence such
13  as the issuance of bad checks or the accumulation of
14  delinquent bills for such items as personnel salaries, food,
15  drugs, or utilities constitutes prima facie evidence that the
16  ownership of the facility lacks the financial ability to
17  operate the home in accordance with the requirements of this
18  chapter and all rules promulgated thereunder.
19         (11)  Nothing in this section shall be deemed to
20  relieve any owner, operator, or employee of a facility placed
21  in receivership of any civil or criminal liability incurred,
22  or any duty imposed by law, by reason of acts or omissions of
23  the owner, operator, or employee before the appointment of a
24  receiver; nor shall anything contained in this section be
25  construed to suspend during the receivership any obligation of
26  the owner, operator, or employee for payment of taxes or other
27  operating and maintenance expenses of the facility or any
28  obligation of the owner, operator, or employee or any other
29  person for the payment of mortgages or liens.  The owner shall
30  retain the right to sell or mortgage any facility under
31  receivership, subject to the approval of the court which
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 1  ordered the receivership. A receivership imposed under the
 2  provisions of this chapter shall be subject to the Resident
 3  Protection Trust Fund pursuant to s. 400.063.  The owner of a
 4  facility placed in receivership by the court shall be liable
 5  for all expenses and costs incurred by the Resident Protection
 6  Trust Fund which occur as a result of the receivership.
 7         Section 19.  Subsections (1), (3), and (5) of section
 8  393.068, Florida Statutes, are amended to read:
 9         393.068  Family care program.--
10         (1)  The family care program is established for the
11  purpose of providing services and support to families and
12  individuals with developmental disabilities in order to
13  maintain the individual in the home environment and avoid
14  costly out-of-home residential placement. Services and support
15  available to families and individuals with developmental
16  disabilities shall emphasize community living and the
17  principles of self-determination and enable individuals with
18  developmental disabilities to enjoy typical lifestyles. One
19  way to accomplish this is to recognize that families are the
20  greatest resource available to individuals who have
21  developmental disabilities and must be supported in their role
22  as primary care givers.
23         (3)  When it is determined by the agency to be more
24  cost-effective and in the best interest of the client to
25  maintain such client in the home of a direct service provider,
26  the parent or guardian of the client or, if competent, the
27  client may enroll the client in the family care program. The
28  direct service provider of a client enrolled in the family
29  care program shall be reimbursed according to a rate schedule
30  set by the agency. In-home subsidies cited in paragraph (1)(d)
31  shall be provided according to s. 393.0695 and are not subject
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 1  to any other payment method or rate schedule provided for in
 2  this section.
 3         (5)  The agency may contract for the provision of any
 4  portion of the services required by the program, except for
 5  in-home subsidies provided under subsection (1) cited in
 6  paragraph (2)(d), which shall be provided pursuant to s.
 7  393.0695. Otherwise, purchase of service contracts shall be
 8  used whenever the services so provided are more cost-efficient
 9  than those provided by the agency.
10         Section 20.  Subsection (3) of section 393.0695,
11  Florida Statutes, is amended to read:
12         393.0695  Provision of in-home subsidies.--
13         (3)  In-home subsidies must be based on an individual
14  determination of need and must not exceed maximum amounts set
15  by the agency and reassessed by the agency quarterly annually.
16         Section 21.  Subsection (2) of section 393.075, Florida
17  Statutes, is amended to read:
18         393.075  General liability coverage.--
19         (2)  The Division of Risk Management of the Department
20  of Financial Services shall provide coverage through the
21  agency to any person who owns or operates a foster care
22  facility or group home facility solely for the agency, who
23  cares for children placed by developmental disabilities
24  services staff of the agency, and who is licensed pursuant to
25  s. 393.067 to provide such supervision and care in his or her
26  place of residence. The coverage shall be provided from the
27  general liability account of the State Risk Management Trust
28  Fund.  The coverage is limited to general liability claims
29  arising from the provision of supervision and care of children
30  in a foster care facility or group home facility pursuant to
31  an agreement with the agency and pursuant to guidelines
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 1  established through policy, rule, or statute. Coverage shall
 2  be subject to the limits provided in ss. 284.38 and 284.385,
 3  and the exclusions set forth therein, together with other
 4  exclusions as may be set forth in the certificate of coverage
 5  issued by the trust fund. A person covered under the general
 6  liability account pursuant to this subsection shall
 7  immediately notify the Division of Risk Management of the
 8  Department of Financial Services of any potential or actual
 9  claim.
10         Section 22.  Subsection (1), paragraph (a) of
11  subsection (2), paragraph (b) of subsection (3), subsections
12  (4) and (5), paragraph (a) of subsection (6), paragraphs (a)
13  and (c) of subsection (7), paragraphs (d) and (e) of
14  subsection (8), paragraph (b) of subsection (10), paragraph
15  (b) of subsection (12), and subsection (13) of section 393.11,
16  Florida Statutes, are amended to read:
17         393.11  Involuntary admission to residential
18  services.--
19         (1)  JURISDICTION.--When a person is mentally retarded
20  or autistic and requires involuntary admission to residential
21  services provided by the agency, the circuit court of the
22  county in which the person resides shall have jurisdiction to
23  conduct a hearing and enter an order involuntarily admitting
24  the person in order that the person may receive the care,
25  treatment, habilitation, and rehabilitation which the person
26  needs. For the purpose of identifying mental retardation or
27  autism, diagnostic capability shall be established by the
28  agency. The involuntary commitment of a person with
29  retardation or autism who is charged with a felony offense
30  shall be determined in accordance with s. 916.302. Except as
31  
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 1  otherwise specified, the proceedings under this section shall
 2  be governed by the Florida Rules of Civil Procedure.
 3         (2)  PETITION.--
 4         (a)  A petition for involuntary admission to
 5  residential services may be executed by a petitioning
 6  commission. For proposed involuntary admission to residential
 7  services arising out of chapter 916, the petition may be filed
 8  by a petitioning commission, the agency, the state attorney of
 9  the circuit from which the defendant was committed, or the
10  defendant's attorney.
11         (3)  NOTICE.--
12         (b)  Whenever a motion or petition has been filed
13  pursuant to s. 916.303(2) s. 916.303 to dismiss criminal
14  charges against a defendant with retardation or autism, and a
15  petition is filed to involuntarily admit the defendant to
16  residential services under this section, the notice of the
17  filing of the petition shall also be given to the defendant's
18  attorney and to the state attorney of the circuit from which
19  the defendant was committed.
20         (4)  AGENCY DEVELOPMENTAL SERVICES PARTICIPATION.--
21         (a)  Upon receiving the petition, the court shall
22  immediately order the developmental services program of the
23  agency to examine the person being considered for involuntary
24  admission to residential services.
25         (b)  Following an examination, the agency shall file
26  After the developmental services program examines the person,
27  a written report shall be filed with the court not less than
28  10 working days before the date of the hearing. The report
29  shall be served on the petitioner, the person with mental
30  retardation or autism, and the person's attorney at the time
31  the report is filed with the court.
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 1         (c)  The report shall contain the findings of the
 2  agency's developmental services program evaluation and any
 3  recommendations deemed appropriate.
 4         (5)  EXAMINING COMMITTEE.--
 5         (a)  Upon receiving the petition, the court shall
 6  immediately appoint an examining committee to examine the
 7  person being considered for involuntary admission to
 8  residential services of the developmental services program of
 9  the agency.
10         (b)  The court shall appoint no fewer than three
11  disinterested experts who have demonstrated to the court an
12  expertise in the diagnosis, evaluation, and treatment of
13  persons with mental retardation or autism.  The committee
14  shall include at least one licensed and qualified physician,
15  one licensed and qualified psychologist, and one qualified
16  professional with a minimum of a masters degree in social
17  work, special education, or vocational rehabilitation
18  counseling, to examine the person and to testify at the
19  hearing on the involuntary admission to residential services.
20         (c)  Counsel for the person who is being considered for
21  involuntary admission to residential services and counsel for
22  the petition commission shall have the right to challenge the
23  qualifications of those appointed to the examining committee.
24         (d)  Members of the committee shall not be employees of
25  the agency or be associated with each other in practice or in
26  employer-employee relationships.  Members of the committee
27  shall not have served as members of the petitioning
28  commission.  Members of the committee shall not be employees
29  of the members of the petitioning commission or be associated
30  in practice with members of the commission.
31  
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 1         (e)  The committee shall prepare a written report for
 2  the court.  The report shall explicitly document the extent
 3  that the person meets the criteria for involuntary admission.
 4  The report, and expert testimony, shall include, but not be
 5  limited to:
 6         1.  The degree of the person's mental retardation or
 7  autism;
 8         2.  Whether, because of the person's degree of mental
 9  retardation or autism, the person:
10         a.  Lacks sufficient capacity to give express and
11  informed consent to a voluntary application for services
12  pursuant to s. 393.065;
13         b.  Lacks basic survival and self-care skills to such a
14  degree that close supervision and habilitation in a
15  residential setting is necessary and if not provided would
16  result in a real and present threat of substantial harm to the
17  person's well-being; or
18         c.  Is likely to physically injure others if allowed to
19  remain at liberty.
20         3.  The purpose to be served by residential care;
21         4.  A recommendation on the type of residential
22  placement which would be the most appropriate and least
23  restrictive for the person; and
24         5.  The appropriate care, habilitation, and treatment.
25         (f)  The committee shall file the report with the court
26  not less than 10 working days before the date of the hearing.
27  The report shall be served on the petitioner, the person with
28  mental retardation or autism, and the person's attorney at the
29  time the report is filed with the court.
30         (g)  Members of the examining committee shall receive a
31  reasonable fee to be determined by the court.  The fees are to
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 1  be paid from the general revenue fund of the county in which
 2  the person with mental retardation or autism resided when the
 3  petition was filed.
 4         (h)  The agency shall develop and prescribe by rule one
 5  or more standard forms to be used as a guide for members of
 6  the examining committee.
 7         (6)  COUNSEL; GUARDIAN AD LITEM.--
 8         (a)  The person with mental retardation or autism shall
 9  be represented by counsel at all stages of the judicial
10  proceeding. In the event the person is indigent and cannot
11  afford counsel, the court shall appoint a public defender not
12  less than 20 working days before the scheduled hearing.  The
13  person's counsel shall have full access to the records of the
14  service provider and the agency.  In all cases, the attorney
15  shall represent the rights and legal interests of the person
16  with mental retardation or autism, regardless of who may
17  initiate the proceedings or pay the attorney's fee.
18         (7)  HEARING.--
19         (a)  The hearing for involuntary admission shall be
20  conducted, and the order shall be entered, in the county in
21  which the petition is filed person is residing or be as
22  convenient to the person as may be consistent with orderly
23  procedure. The hearing shall be conducted in a physical
24  setting not likely to be injurious to the person's condition.
25         (c)  The court may appoint a general or special
26  magistrate to preside. Except as otherwise specified, the
27  magistrate's proceeding shall be governed by the rule 1.490,
28  Florida Rules of Civil Procedure.
29         (8)  ORDER.--
30         (d)  If an order of involuntary admission to
31  residential services provided by the developmental services
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 1  program of the agency is entered by the court, a copy of the
 2  written order shall be served upon the person, the person's
 3  counsel, the agency, and the state attorney and the person's
 4  defense counsel, if applicable.  The order of involuntary
 5  admission sent to the agency shall also be accompanied by a
 6  copy of the examining committee's report and other reports
 7  contained in the court file.
 8         (e)  Upon receiving the order, the agency shall, within
 9  45 days, provide the court with a copy of the person's family
10  or individual support plan and copies of all examinations and
11  evaluations, outlining the treatment and rehabilitative
12  programs. The agency shall document that the person has been
13  placed in the most appropriate, least restrictive and
14  cost-beneficial residential setting facility. A copy of the
15  family or individual support plan and other examinations and
16  evaluations shall be served upon the person and the person's
17  counsel at the same time the documents are filed with the
18  court.
19         (10)  COMPETENCY.--
20         (b)  The issue of the competency of a person with
21  mental retardation or autism for the purpose of assigning
22  guardianship shall be determined in a separate proceeding
23  according to the procedures and requirements of chapter 744
24  and the Florida Probate Rules. The issue of the competency of
25  a person with mental retardation or autism for the purpose of
26  determining whether the person is competent to proceed in a
27  criminal trial shall be determined in accordance with chapter
28  916.
29         (12)  APPEAL.--
30         (b)  The filing of an appeal by the person with mental
31  retardation or autism shall stay admission of the person into
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 1  residential care.  The stay shall remain in effect during the
 2  pendency of all review proceedings in Florida courts until a
 3  mandate issues.
 4         (13)  HABEAS CORPUS.--At any time and without notice,
 5  any person involuntarily admitted into residential care to the
 6  developmental services program of the agency, or the person's
 7  parent or legal guardian in his or her behalf, is entitled to
 8  a writ of habeas corpus to question the cause, legality, and
 9  appropriateness of the person's involuntary admission.  Each
10  person, or the person's parent or legal guardian, shall
11  receive specific written notice of the right to petition for a
12  writ of habeas corpus at the time of his or her involuntary
13  placement.
14         Section 23.  Section 393.122, Florida Statutes, is
15  amended to read:
16         393.122  Applications for continued residential
17  services.--
18         (1)  If a client is discharged from residential
19  services under the provisions of s. 393.115 this section,
20  application for needed services shall be encouraged.
21         (2)  A No client receiving services from the state
22  department as of July 1, 1977, may not shall be denied
23  continued services due to any change in eligibility
24  requirements by chapter 77-335, Laws of Florida.
25         Section 24.  Subsection (2) of section 393.125, Florida
26  Statutes, is amended to read:
27         393.125  Hearing rights.--
28         (2)  REVIEW OF PROVIDER DECISIONS.--The agency shall
29  adopt rules to establish uniform guidelines for the agency and
30  service providers relevant to termination, suspension, or
31  reduction of client services by the service provider. The
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 1  rules shall ensure the due process rights of service providers
 2  and clients.
 3         Section 25.  Section 393.13, Florida Statutes, is
 4  amended to read:
 5         393.13  Personal Treatment of persons who are
 6  developmentally disabled.--
 7         (1)  SHORT TITLE.--This act shall be known as "The Bill
 8  of Rights of Persons Who are Developmentally Disabled."
 9         (2)  LEGISLATIVE INTENT.--
10         (a)  The Legislature finds and declares that the system
11  of care provided to individuals who are developmentally
12  disabled must be designed to meet the needs of the clients as
13  well as protect the integrity of their legal and human rights.
14         (b)  The Legislature further finds and declares that
15  the design and delivery of treatment and services to persons
16  who are developmentally disabled should be directed by the
17  principles of self-determination normalization and therefore
18  should:
19         1.  Abate the use of large institutions.
20         2.  Continue the development of community-based
21  services which provide reasonable alternatives to
22  institutionalization in settings that are least restrictive to
23  the client.
24         3.  Provide training and education to individuals who
25  are developmentally disabled which will maximize their
26  potential to lead independent and productive lives and which
27  will afford opportunities for outward mobility from
28  institutions.
29         4.  Reduce the use of sheltered workshops and other
30  noncompetitive employment day activities and promote
31  
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 1  opportunities for gainful employment for persons with
 2  developmental disabilities who choose to seek such employment.
 3         (c)  It is the intent of the Legislature that
 4  duplicative and unnecessary administrative procedures and
 5  practices shall be eliminated, and areas of responsibility
 6  shall be clearly defined and consolidated in order to
 7  economically utilize present resources.  Furthermore,
 8  personnel providing services should be sufficiently qualified
 9  and experienced to meet the needs of the clients, and they
10  must be sufficient in number to provide treatment in a manner
11  which is beneficial to the clients.
12         (d)  It is the intent of the Legislature:
13         1.  To articulate the existing legal and human rights
14  of persons who are developmentally disabled so that they may
15  be exercised and protected. Persons with developmental
16  disabilities shall have all the rights enjoyed by citizens of
17  the state and the United States.
18         2.  To provide a mechanism for the identification,
19  evaluation, and treatment of persons with developmental
20  disabilities.
21         3.  To divert those individuals from institutional
22  commitment who, by virtue of comprehensive assessment, can be
23  placed in less costly, more effective community environments
24  and programs.
25         4.  To fund improvements in the program in accordance
26  with the availability of state resources and yearly priorities
27  determined by the Legislature.
28         5.  To ensure that persons with developmental
29  disabilities receive treatment and habilitation which fosters
30  the developmental potential of the individual.
31  
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 1         6.  To provide programs for the proper habilitation and
 2  treatment of persons with developmental disabilities which
 3  shall include, but not be limited to, comprehensive
 4  medical/dental care, education, recreation, specialized
 5  therapies, training, social services, transportation,
 6  guardianship, family care programs, day habilitation services,
 7  and habilitative and rehabilitative services suited to the
 8  needs of the individual regardless of age, degree of
 9  disability, or handicapping condition. No person with
10  developmental disabilities shall be deprived of these
11  enumerated services by reason of inability to pay.
12         7.  To fully effectuate the principles of
13  self-determination normalization principle through the
14  establishment of community services for persons with
15  developmental disabilities as a viable and practical
16  alternative to institutional care at each stage of individual
17  life development. If care in a residential facility or
18  intermediate care facility becomes necessary, it shall be in
19  the least restrictive setting.
20         (e)  It is the clear, unequivocal intent of this act to
21  guarantee individual dignity, liberty, pursuit of happiness,
22  and protection of the civil and legal rights of persons with
23  developmental disabilities.
24         (3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL
25  DISABILITIES.--The rights described in this subsection shall
26  apply to all persons with developmental disabilities, whether
27  or not such persons are clients of the agency.
28         (a)  Persons with developmental disabilities shall have
29  a right to dignity, privacy, and humane care, including the
30  right to be free from sexual abuse in residential facilities
31  and intermediate care facilities.
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 1         (b)  Persons with developmental disabilities shall have
 2  the right to religious freedom and practice.  Nothing shall
 3  restrict or infringe on a person's right to religious
 4  preference and practice.
 5         (c)  Persons with developmental disabilities shall
 6  receive services, within available sources, which protect the
 7  personal liberty of the individual and which are provided in
 8  the least restrictive conditions necessary to achieve the
 9  purpose of treatment.
10         (d)  Persons who are developmentally disabled shall
11  have a right to participate in an appropriate program of
12  quality education and training services, within available
13  resources, regardless of chronological age or degree of
14  disability.  Such persons may be provided with instruction in
15  sex education, marriage, and family planning.
16         (e)  Persons who are developmentally disabled shall
17  have a right to social interaction and to participate in
18  community activities.
19         (f)  Persons who are developmentally disabled shall
20  have a right to physical exercise and recreational
21  opportunities.
22         (g)  Persons who are developmentally disabled shall
23  have a right to be free from harm, including unnecessary
24  physical, chemical, or mechanical restraint, isolation,
25  excessive medication, abuse, or neglect.
26         (h)  Persons who are developmentally disabled shall
27  have a right to consent to or refuse treatment, subject to the
28  provisions of s. 393.12(2)(a) or chapter 744.
29         (i)  No otherwise qualified person shall, by reason of
30  having a developmental disability, be excluded from
31  participation in, or be denied the benefits of, or be subject
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 1  to discrimination under, any program or activity which
 2  receives public funds, and all prohibitions set forth under
 3  any other statute shall be actionable under this statute.
 4         (j)  No otherwise qualified person shall, by reason of
 5  having a developmental disability, be denied the right to vote
 6  in public elections.
 7         (4)  CLIENT RIGHTS.--For purposes of this subsection,
 8  the term "client," as defined in s. 393.063, shall also
 9  include any person served in a facility licensed pursuant to
10  s. 393.067.
11         (a)  Clients shall have an unrestricted right to
12  communication:
13         1.  Each client shall be allowed to receive, send, and
14  mail sealed, unopened correspondence.  No client's incoming or
15  outgoing correspondence shall be opened, delayed, held, or
16  censored by the facility unless there is reason to believe
17  that it contains items or substances which may be harmful to
18  the client or others, in which case the chief administrator of
19  the facility may direct reasonable examination of such mail
20  and regulate the disposition of such items or substances.
21         2.  Clients in residential facilities and intermediate
22  care facilities shall be afforded reasonable opportunities for
23  telephone communication, to make and receive confidential
24  calls, unless there is reason to believe that the content of
25  the telephone communication may be harmful to the client or
26  others, in which case the chief administrator of the facility
27  may direct reasonable observation and monitoring to the
28  telephone communication.
29         3.  Clients shall have an unrestricted right to
30  visitation subject to reasonable rules of the facility.
31  
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 1  However, nothing in this provision shall be construed to
 2  permit infringement upon other clients' rights to privacy.
 3         (b)  Each client has the right to the possession and
 4  use of his or her own clothing and personal effects, except in
 5  those specific instances where the use of some of these items
 6  as reinforcers is essential for training the client as part of
 7  an appropriately approved behavioral program.  The chief
 8  administrator of the facility may take temporary custody of
 9  such effects when it is essential to do so for medical or
10  safety reasons.  Custody of such personal effects shall be
11  promptly recorded in the client's record, and a receipt for
12  such effects shall be immediately given to the client, if
13  competent, or the client's parent or legal guardian.
14         1.  All money belonging to a client shall be held by
15  the agency as a trustee shall be held in compliance with s.
16  402.17(2).
17         2.  All interest on money received and held for the
18  personal use and benefit of a client shall be the property of
19  that client and shall not accrue to the general welfare of all
20  clients or be used to defray the cost of residential care.
21  Interest so accrued shall be used or conserved for the
22  personal use or benefit of the individual client as provided
23  in s. 402.17(2).
24         3.  Upon the discharge or death of a client, a final
25  accounting shall be made of all personal effects and money
26  belonging to the client held by the agency.  All such personal
27  effects and money, including interest, shall be promptly
28  turned over to the client or his or her heirs.
29         (c)  Each client shall receive prompt and appropriate
30  medical treatment and care for physical and mental ailments
31  and for the prevention of any illness or disability. Medical
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 1  treatment shall be consistent with the accepted standards of
 2  medical practice in the community.
 3         1.  Medication shall be administered only at the
 4  written order of a physician. Medication shall not be used as
 5  punishment, for the convenience of staff, as a substitute for
 6  implementation of an individual or family support plan or
 7  behavior modification programming, or in unnecessary or
 8  excessive quantities.
 9         2.  Daily notation of medication received by each
10  client in a residential facility or intermediate care facility
11  shall be kept in the client's record.
12         3.  Periodically, but no less frequently than every 6
13  months, the drug regimen of each client in a residential
14  facility or intermediate care facility shall be reviewed by
15  the attending physician or other appropriate monitoring body,
16  consistent with appropriate standards of medical practice. All
17  prescriptions shall have a termination date.
18         4.  When pharmacy services are provided at any
19  residential facility or intermediate care facility, such
20  services shall be directed or supervised by a professionally
21  competent pharmacist licensed according to the provisions of
22  chapter 465.
23         5.  Pharmacy services shall be delivered in accordance
24  with the provisions of chapter 465.
25         6.  Prior to instituting a plan of experimental medical
26  treatment or carrying out any necessary surgical procedure,
27  express and informed consent shall be obtained from the
28  client, if competent, or the client's parent or legal
29  guardian. Information upon which the client shall make
30  necessary treatment and surgery decisions shall include, but
31  not be limited to:
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 1         a.  The nature and consequences of such procedures.
 2         b.  The risks, benefits, and purposes of such
 3  procedures.
 4         c.  Alternate procedures available.
 5         7.  When the parent or legal guardian of the client is
 6  unknown or unlocatable and the physician is unwilling to
 7  perform surgery based solely on the client's consent, a court
 8  of competent jurisdiction shall hold a hearing to determine
 9  the appropriateness of the surgical procedure. The client
10  shall be physically present, unless the client's medical
11  condition precludes such presence, represented by counsel, and
12  provided the right and opportunity to be confronted with, and
13  to cross-examine, all witnesses alleging the appropriateness
14  of such procedure. In such proceedings, the burden of proof by
15  clear and convincing evidence shall be on the party alleging
16  the appropriateness of such procedures. The express and
17  informed consent of a person described in subparagraph 6. may
18  be withdrawn at any time, with or without cause, prior to
19  treatment or surgery.
20         8.  The absence of express and informed consent
21  notwithstanding, a licensed and qualified physician may render
22  emergency medical care or treatment to any client who has been
23  injured or who is suffering from an acute illness, disease, or
24  condition if, within a reasonable degree of medical certainty,
25  delay in initiation of emergency medical care or treatment
26  would endanger the health of the client.
27         (d)  Each client shall have access to individual
28  storage space for his or her private use.
29         (e)  Each client shall be provided with appropriate
30  physical exercise as prescribed in the client's individual or
31  
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 1  family support plan. Indoor and outdoor facilities and
 2  equipment for such physical exercise shall be provided.
 3         (f)  Each client shall receive humane discipline.
 4         (g)  No client shall be subjected to a treatment
 5  program to eliminate bizarre or unusual behaviors without
 6  first being examined by a physician who in his or her best
 7  judgment determines that such behaviors are not organically
 8  caused.
 9         1.  Treatment programs involving the use of noxious or
10  painful stimuli shall be prohibited.
11         2.  All alleged violations of this paragraph shall be
12  reported immediately to the chief administrative officer of
13  the facility and or the district administrator, the agency
14  head, and the Florida local advocacy council. A thorough
15  investigation of each incident shall be conducted and a
16  written report of the finding and results of such
17  investigation shall be submitted to the chief administrative
18  officer of the facility or the district administrator and to
19  the agency head within 24 hours after of the occurrence or
20  discovery of the incident.
21         3.  The agency shall adopt by rule a system for the
22  oversight of behavioral programs.  Such system shall establish
23  guidelines and procedures governing the design, approval,
24  implementation, and monitoring of all behavioral programs
25  involving clients.  The system shall ensure statewide and
26  local review by committees of professionals certified as
27  behavior analysts pursuant to s. 393.17.  No behavioral
28  program shall be implemented unless reviewed according to the
29  rules established by the agency under this section. Nothing
30  stated in this section shall prohibit the review of programs
31  by the Florida statewide or local advocacy councils.
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 1         (h)  Each client engaged in work programs which require
 2  compliance with federal wage and hour laws shall be provided
 3  with minimum wage protection and fair compensation for labor
 4  in accordance with the federal wage-per-hour regulations.
 5         (i)  Clients shall have the right to be free from
 6  unnecessary physical, chemical, or mechanical restraint.
 7  Restraints shall be employed only in emergencies or to protect
 8  the client from imminent injury to himself or herself or
 9  others.  Restraints shall not be employed as punishment, for
10  the convenience of staff, or as a substitute for a
11  habilitative plan.  Restraints shall impose the least possible
12  restrictions consistent with their purpose and shall be
13  removed when the emergency ends.  Restraints shall not cause
14  physical injury to the client and shall be designed to allow
15  the greatest possible comfort.
16         1.  Mechanical supports used in normative situations to
17  achieve proper body position and balance shall not be
18  considered restraints, but shall be prescriptively designed
19  and applied under the supervision of a qualified professional
20  with concern for principles of good body alignment,
21  circulation, and allowance for change of position.
22         2.  Totally enclosed cribs and barred enclosures shall
23  be considered restraints.
24         3.  Daily reports on the employment of physical,
25  chemical, or mechanical restraints by those specialists
26  authorized in the use of such restraints shall be made to the
27  appropriate chief administrator of the facility, and a monthly
28  summary of such reports shall be relayed to the agency
29  district administrator and the Florida local advocacy council.
30  The reports shall summarize all such cases of restraints, the
31  type used, the duration of usage, and the reasons therefor.
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 1  Districts shall submit districtwide quarterly reports of these
 2  summaries to the state Developmental Disabilities Program
 3  Office.
 4         4.  The agency shall post a copy of the rules adopted
 5  under this section in each living unit of residential
 6  facilities.  A copy of the rules adopted under this section
 7  shall be given to all staff members of licensed facilities and
 8  made a part of all preservice and inservice training programs.
 9         (j)1.  Each client shall have a central record.  The
10  record shall include data pertaining to admission and such
11  other information as may be required under rules of the
12  agency.
13         2.  Unless waived by the client, if competent, or the
14  client's parent or legal guardian if the client is
15  incompetent, the client's central record shall be confidential
16  and exempt from the provisions of s. 119.07(1), and no part of
17  it shall be released except:
18         a.  The record may be released to physicians,
19  attorneys, and government agencies having need of the record
20  to aid the client, as designated by the client, if competent,
21  or the client's parent or legal guardian, if the client is
22  incompetent.
23         b.  The record shall be produced in response to a
24  subpoena or released to persons authorized by order of court,
25  excluding matters privileged by other provisions of law.
26         c.  The record or any part thereof may be disclosed to
27  a qualified researcher, a staff member of the facility, or an
28  employee of the agency when the administrator of the facility
29  or the director of the agency deems it necessary for the
30  treatment of the client, maintenance of adequate records,
31  compilation of treatment data, or evaluation of programs.
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 1         d.  Information from the records may be used for
 2  statistical and research purposes if the information is
 3  abstracted in such a way to protect the identity of
 4  individuals.
 5         3.  All central records for each client in residential
 6  facilities or intermediate care facilities shall be kept on
 7  uniform forms distributed by the agency.  The central record
 8  shall accurately summarize each client's history and present
 9  condition.
10         4.  The client, if competent, or the client's parent or
11  legal guardian if the client is incompetent, shall be supplied
12  with a copy of the client's central record upon request.
13         (k)  Each client residing in a residential facility or
14  intermediate care facility who is eligible to vote in public
15  elections according to the laws of the state shall have the
16  right to vote.  Facilities operators shall arrange the means
17  to exercise the client's right to vote.
18         (5)  LIABILITY FOR VIOLATIONS.--Any person who violates
19  or abuses any rights or privileges of persons who are
20  developmentally disabled provided by this act shall be liable
21  for damages as determined by law.  Any person who acts in good
22  faith compliance with the provisions of this act shall be
23  immune from civil or criminal liability for actions in
24  connection with evaluation, admission, habilitative
25  programming, education, treatment, or discharge of a client.
26  However, this section shall not relieve any person from
27  liability if such person is guilty of negligence, misfeasance,
28  nonfeasance, or malfeasance.
29         (6)  NOTICE OF RIGHTS.--Each person with developmental
30  disabilities, if competent, or parent or legal guardian of
31  such person if the person is incompetent, shall promptly
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 1  receive from the agency or the Department of Education a
 2  written copy of this act. Each person with developmental
 3  disabilities able to comprehend shall be promptly informed, in
 4  the language or other mode of communication which such person
 5  understands, of the above legal rights of persons with
 6  developmental disabilities.
 7         (7)  RESIDENT GOVERNMENT.--Each residential facility or
 8  intermediate care facility providing services to clients who
 9  are desirous and capable of participating shall initiate and
10  develop a program of resident government to hear the views and
11  represent the interests of all clients served by the facility.
12  The resident government shall be composed of residents elected
13  by other residents and, staff advisers skilled in the
14  administration of community organizations, and a
15  representative of the Florida local advocacy council. The
16  resident government shall work closely with the Florida local
17  advocacy council and the district administrator to promote the
18  interests and welfare of all residents in the facility.
19         Section 26.  Section 393.135, Florida Statutes, is
20  amended to read:
21         393.135  Sexual misconduct prohibited; reporting
22  required; penalties.--
23         (1)  As used in this section, the term:
24         (a)  "Employee" includes any paid staff member,
25  volunteer, or intern of the agency or the department; any
26  person under contract with the agency or the department; and
27  any person providing care or support to a client on behalf of
28  the agency department or its providers.
29         (b)  "Sexual activity" means:
30         1.  Fondling the genital area, groin, inner thighs,
31  buttocks, or breasts of a person.
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 1         2.  The oral, anal, or vaginal penetration by or union
 2  with the sexual organ of another or the anal or vaginal
 3  penetration of another by any other object.
 4         3.  Intentionally touching in a lewd or lascivious
 5  manner the breasts, genitals, the genital area, or buttocks,
 6  or the clothing covering them, of a person, or forcing or
 7  enticing a person to touch the perpetrator.
 8         4.  Intentionally masturbating in the presence of
 9  another person.
10         5.  Intentionally exposing the genitals in a lewd or
11  lascivious manner in the presence of another person.
12         6.  Intentionally committing any other sexual act that
13  does not involve actual physical or sexual contact with the
14  victim, including, but not limited to, sadomasochistic abuse,
15  sexual bestiality, or the simulation of any act involving
16  sexual activity in the presence of a victim.
17         (c)  "Sexual misconduct" means any sexual activity
18  between an employee and a client to whom the employee renders
19  services, care, or support on behalf of the agency or its
20  providers, or between the employee and another client who
21  lives in the same home as the client to whom the employee is
22  rendering the services, care, or support, regardless of the
23  consent of the client. The term does not include an act done
24  for a bona fide medical purpose or an internal search
25  conducted in the lawful performance of duty by an employee.
26         (2)  An employee who engages in sexual misconduct with
27  an individual with a developmental disability who:
28         (a)  Is in the custody of the department;
29         (b)  Resides in a residential facility, including any
30  comprehensive transitional education program, developmental
31  disabilities services institution, foster care facility, group
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 1  home facility, intermediate care facility for the
 2  developmentally disabled, or residential habilitation center;
 3  or
 4         (c)  Is eligible to receive Receives services from the
 5  agency under this chapter a family care program,
 6  
 7  commits a felony of the second degree, punishable as provided
 8  in s. 775.082, s. 775.083, or s. 775.084. An employee may be
 9  found guilty of violating this subsection without having
10  committed the crime of sexual battery.
11         (3)  The consent of the client to sexual activity is
12  not a defense to prosecution under this section.
13         (4)  This section does not apply to an employee who:
14         (a)  is legally married to the client; or
15         (b)  Has no reason to believe that the person with whom
16  the employee engaged in sexual misconduct is a client
17  receiving services as described in subsection (2).
18         (5)  An employee who witnesses sexual misconduct, or
19  who otherwise knows or has reasonable cause to suspect that a
20  person has engaged in sexual misconduct, shall immediately
21  report the incident to the department's central abuse hotline
22  and to the appropriate local law enforcement agency. Such
23  employee shall also prepare, date, and sign an independent
24  report that specifically describes the nature of the sexual
25  misconduct, the location and time of the incident, and the
26  persons involved. The employee shall deliver the report to the
27  supervisor or program director, who is responsible for
28  providing copies to the agency's local program office and the
29  agency's department's inspector general. The inspector general
30  shall immediately conduct an appropriate administrative
31  investigation, and, if there is probable cause to believe that
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 1  sexual misconduct has occurred, the inspector general shall
 2  notify the state attorney in the circuit in which the incident
 3  occurred.
 4         (6)(a)  Any person who is required to make a report
 5  under this section and who knowingly or willfully fails to do
 6  so, or who knowingly or willfully prevents another person from
 7  doing so, commits a misdemeanor of the first degree,
 8  punishable as provided in s. 775.082 or s. 775.083.
 9         (b)  Any person who knowingly or willfully submits
10  inaccurate, incomplete, or untruthful information with respect
11  to a report required under this section commits a misdemeanor
12  of the first degree, punishable as provided in s. 775.082 or
13  s. 775.083.
14         (c)  Any person who knowingly or willfully coerces or
15  threatens any other person with the intent to alter testimony
16  or a written report regarding an incident of sexual misconduct
17  commits a felony of the third degree, punishable as provided
18  in s. 775.082, s. 775.083, or s. 775.084.
19         (7)  The provisions and penalties set forth in this
20  section are in addition to any other civil, administrative, or
21  criminal action provided by law which may be applied against
22  an employee.
23         Section 27.  Section 393.15, Florida Statutes, is
24  amended to read:
25         393.15  Legislative intent; Community Resources
26  Development Loan Program Trust Fund.--
27         (1)  The Legislature finds and declares that the
28  development of community-based treatment facilities for
29  persons who are developmentally disabled is desirable and
30  recommended and should be encouraged and fostered by the
31  state.  The Legislature further recognizes that the
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 1  development of such facilities is financially difficult for
 2  private individuals, due to initial expenditures required to
 3  adapt existing structures to the special needs of persons who
 4  are developmentally disabled who may be served in
 5  community-based foster care, group home, developmental
 6  training, and supported employment programs. Therefore, it is
 7  the intent of the Legislature intends that the agency by this
 8  act to develop and administer a loan program trust fund to
 9  provide support and encouragement in the establishment of
10  community-based foster care, group home, developmental
11  training, and supported employment programs for persons who
12  are developmentally disabled.
13         (2)  As used in this section, a foster care, group
14  home, developmental training, or supported employment program
15  may not be a for-profit corporation, but may be a nonprofit
16  corporation, partnership, or sole proprietorship.
17         (2)(3)  There is created a Community Resources
18  Development Loan Program in Trust Fund in the State Treasury
19  to be used by the agency for the purpose of granting loans to
20  eligible programs for the initial costs of development of the
21  programs. To be eligible for a loan, a foster home, group
22  home, developmental training program, or supported employment
23  program must:
24         (a)  Serve persons who are developmentally disabled;
25         (b)  Be a nonprofit corporation, partnership, or sole
26  proprietorship; and
27         (c)  Be Loans shall be made only to those facilities
28  which are in compliance with the zoning regulations of the
29  local community.
30         (3)  Loans may be made for the purpose of paying the
31  costs of development or may include structural modification,
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 1  the purchase of equipment and fire and safety devices,
 2  preoperational staff training, and the purchase of insurance.
 3  Such costs may shall not include the actual construction of a
 4  facility and may not be in lieu of payment for the costs of
 5  maintenance, client services, or care that is provided.
 6         (4)  The agency may grant to an eligible program a
 7  lump-sum loan in one payment not to exceed the cost to the
 8  program of providing 2 months' services, care, or maintenance
 9  to each person who is developmentally disabled to be placed in
10  the program by the agency, or the actual cost of firesafety
11  renovations to a facility required by the state, whichever is
12  greater. Loans granted to programs shall not be in lieu of
13  payment for maintenance, services, or care provided, but shall
14  stand separate and distinct.
15         (5)  The agency shall adopt rules, as provided in
16  chapter 120, to determine the criteria standards under which a
17  program is shall be eligible to receive a loan as provided in
18  this section and a methodology criteria for the equitable
19  allocation of loan trust funds when eligible applications
20  exceed the funds available.
21         (6)(5)  Any loan granted by the agency under this
22  section shall be repaid by the program within 5 years, and the
23  amount paid shall be deposited in the agency's Administrative
24  Trust Fund. Money repaid shall be used to fund new loans. A
25  program that operates as a nonprofit corporation meeting the
26  requirements of s. 501(c)(3) of the Internal Revenue Code, and
27  that seeks forgiveness of its loan shall submit to the agency
28  an annual a statement setting forth the service it has
29  provided during the year together with such other information
30  as the agency by rule shall require, and, upon approval of
31  each such annual statement, the agency may shall forgive up to
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 1  20 percent of the principal of any such loan granted after
 2  June 30, 1975.
 3         (7)(6)  If any program that has received a loan under
 4  this section ceases to accept, or provide care, services, or
 5  maintenance to persons placed in the program by the
 6  department, or if such program files papers of bankruptcy, at
 7  that point in time the loan shall become an interest-bearing
 8  loan at the rate of 5 percent per annum on the entire amount
 9  of the initial loan which shall be repaid within a 1-year
10  period from the date on which the program ceases to provide
11  care, services, or maintenance, or files papers in bankruptcy,
12  and the amount of the loan due plus interest shall constitute
13  a lien in favor of the state against all real and personal
14  property of the program. The lien shall be perfected by the
15  appropriate officer of the agency by executing and
16  acknowledging a statement of the name of the program and the
17  amount due on the loan and a copy of the promissory note,
18  which shall be recorded by the agency with the clerk of the
19  circuit court in the county wherein the program is located. If
20  the program has filed a petition for bankruptcy, the agency
21  shall file and enforce the lien in the bankruptcy proceedings.
22  Otherwise, the lien shall be enforced in the manner provided
23  in s. 85.011. All funds received by the agency from the
24  enforcement of the lien shall be deposited in the agency's
25  Administrative Community Resources Development Trust Fund and
26  be used to fund new loans.
27         Section 28.  Section 393.18, Florida Statutes, is
28  created to read:
29         393.18  Comprehensive transitional education
30  program.--A comprehensive transition education program is a
31  group of jointly operating centers or units, the collective
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 1  purpose of which is to provide a sequential series of
 2  educational care, training, treatment, habilitation, and
 3  rehabilitation services to persons who have developmental
 4  disabilities and who have severe or moderate maladaptive
 5  behaviors. However, this section does not require such
 6  programs to provide services only to persons with
 7  developmental disabilities. All such services shall be
 8  temporary in nature and delivered in a structured residential
 9  setting, with the primary goal of incorporating the principle
10  of self-determination in establishing a permanent residence
11  for persons with maladaptive behaviors in facilities that are
12  not associated with the comprehensive transitional education
13  program. The staff shall include psychologists and teachers
14  and shall be available to provide services in each component
15  center or unit of the program. The psychologists must be
16  individuals who are licensed in this state and certified as
17  behavior analysts in this state, or must be individuals who
18  are certified as behavior analysts pursuant to s. 393.17.
19         (1)  Comprehensive transitional education programs
20  shall include a minimum of two component centers or units, one
21  of which must be an intensive treatment and educational center
22  or a transitional training and educational center that
23  provides services to persons with maladaptive behaviors in the
24  following sequential order:
25         (a)  Intensive treatment and educational center. This
26  component is a self-contained residential unit providing
27  intensive psychological and educational programming for
28  persons with severe maladaptive behaviors whose behaviors
29  preclude placement in a less-restrictive environment due to
30  the threat of danger or injury to themselves or others.
31  
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 1         (b)  Transitional training and educational center. This
 2  component is a residential unit for persons with moderate
 3  maladaptive behaviors which provides concentrated
 4  psychological and educational programming emphasizing a
 5  transition toward a less-restrictive environment.
 6         (c)  Community transition residence. This component is
 7  a residential center providing educational programs and the
 8  support services, training, and care that are needed to assist
 9  persons with maladaptive behaviors avoid regression to
10  more-restrictive environments while preparing them for more
11  independent living. Continuous-shift staff is required for
12  this component.
13         (d)  Alternative living center. This component is a
14  residential unit providing an educational and family living
15  environment for persons with maladaptive behaviors in a
16  moderately unrestricted setting. Residential staff is required
17  for this component.
18         (e)  Independent living education center. This
19  component is a facility providing a family living environment
20  for persons with maladaptive behaviors, in a largely
21  unrestricted setting, which includes education and monitoring
22  appropriate to support the development of independent living
23  skills.
24         (2)  Components of a comprehensive transitional
25  education program are subject to the license issued to a
26  comprehensive transitional education program under s. 393.067
27  and may be located on either single or multiple sites.
28         (3)  A comprehensive transitional education program
29  shall develop an individual education plan for each person
30  with maladaptive behaviors who receives services in the
31  program. The individual education plans must be developed in
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 1  accordance with the criteria specified in 20 U.S.C. ss. 401 et
 2  seq., and 34 C.F.R. part 300.
 3         (4)  The total number of persons with maladaptive
 4  behaviors being provided services in a comprehensive
 5  transitional education program may not at any time exceed 120
 6  residents.
 7         Section 29.  Subsection (2) of section 393.501, Florida
 8  Statutes, is amended to read:
 9         393.501  Rulemaking.--
10         (2)  Such rules shall address the number of facilities
11  on a single parcel or adjacent parcels of land, and in
12  addition, for ICF/MR, the rate and location of facility
13  development and level of care.
14         Section 30.  Subsections (1) and (3) of section
15  393.506, Florida Statutes, are amended to read:
16         393.506  Administration of medication.--
17         (1)  Notwithstanding the provisions of part I of
18  chapter 464, the Nurse Practice Act, unlicensed direct care
19  services staff providing services to persons with
20  developmental disabilities may administer oral, transdermal,
21  inhaled, or topical prescription medications as provided in
22  this section.
23         (a)  For day habilitation facilities programs, as
24  defined in s. 393.063, the director of the facility or program
25  shall designate in writing unlicensed direct care services
26  staff who are eligible to be trained to assist in the
27  administration of or to administer medication.
28         (b)  For intermediate care facilities for the
29  developmentally disabled licensed pursuant to part XI of
30  chapter 400, unlicensed staff designated by the director may
31  
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 1  provide medication assistance under the general supervision of
 2  a registered nurse licensed pursuant to chapter 464.
 3         (3)  The policies and procedures must include, at a
 4  minimum, a requirement for the following provisions:
 5         (a)  Obtaining the An expressed and informed consent of
 6  for each client.
 7         (b)  The director of the facility, program, or provider
 8  to must maintain a copy of the written prescription which
 9  includes, and that prescription must include the name of the
10  medication, the dosage and administration schedule, the reason
11  for the prescription, and the termination date.
12         (c)  Keeping each prescribed medication shall be kept
13  in its original container and in a secure location.
14         Section 31.  Subsection (9) of section 397.405, Florida
15  Statutes, is amended to read:
16         397.405  Exemptions from licensure.--The following are
17  exempt from the licensing provisions of this chapter:
18         (9)  Facilities licensed under chapter 393 which s.
19  393.063 that, in addition to providing services to persons who
20  are developmentally disabled as defined therein, also provide
21  services to persons developmentally at risk as a consequence
22  of exposure to alcohol or other legal or illegal drugs while
23  in utero.
24  
25  The exemptions from licensure in this section do not apply to
26  any service provider that receives an appropriation, grant, or
27  contract from the state to operate as a service provider as
28  defined in this chapter or to any substance abuse program
29  regulated pursuant to s. 397.406.  Furthermore, this chapter
30  may not be construed to limit the practice of a physician
31  licensed under chapter 458 or chapter 459, a psychologist
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 1  licensed under chapter 490, or a psychotherapist licensed
 2  under chapter 491 who provides substance abuse treatment, so
 3  long as the physician, psychologist, or psychotherapist does
 4  not represent to the public that he or she is a licensed
 5  service provider and does not provide services to clients
 6  pursuant to part V of this chapter. Failure to comply with any
 7  requirement necessary to maintain an exempt status under this
 8  section is a misdemeanor of the first degree, punishable as
 9  provided in s. 775.082 or s. 775.083.
10         Section 32.  Subsection (13) of section 400.419,
11  Florida Statutes, is amended to read:
12         400.419  Violations; imposition of administrative
13  fines; grounds.--
14         (13)  The agency shall develop and disseminate an
15  annual list of all facilities sanctioned or fined $5,000 or
16  more for violations of state standards, the number and class
17  of violations involved, the penalties imposed, and the current
18  status of cases. The list shall be disseminated, at no charge,
19  to the Department of Elderly Affairs, the Department of
20  Health, the Department of Children and Family Services, the
21  Agency for Persons with Disabilities, the area agencies on
22  aging, the Florida Statewide Advocacy Council, and the state
23  and local ombudsman councils. The Department of Children and
24  Family Services shall disseminate the list to service
25  providers under contract to the department who are responsible
26  for referring persons to a facility for residency. The agency
27  may charge a fee commensurate with the cost of printing and
28  postage to other interested parties requesting a copy of this
29  list.
30         Section 33.  Subsections (1), (6), (7), and (11) of
31  section 400.960, Florida Statutes, are repealed.
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 1         Section 34.  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.
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 35.  Subsection (2) of section 400.967, Florida
28  Statutes, is amended to read:
29         400.967  Rules and classification of deficiencies.--
30         (2)  Pursuant to the intention of the Legislature, the
31  agency, in consultation with the Agency for Persons with
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 1  Disabilities Department of Children and Family Services and
 2  the Department of Elderly Affairs, shall adopt and enforce
 3  rules to administer this part, which shall include reasonable
 4  and fair criteria governing:
 5         (a)  The location and construction of the facility;
 6  including fire and life safety, plumbing, heating, cooling,
 7  lighting, ventilation, and other housing conditions that will
 8  ensure the health, safety, and comfort of residents. The
 9  agency shall establish standards for facilities and equipment
10  to increase the extent to which new facilities and a new wing
11  or floor added to an existing facility after July 1, 2000, are
12  structurally capable of serving as shelters only for
13  residents, staff, and families of residents and staff, and
14  equipped to be self-supporting during and immediately
15  following disasters. The Agency for Health Care Administration
16  shall work with facilities licensed under this part and report
17  to the Governor and the Legislature by April 1, 2000, its
18  recommendations for cost-effective renovation standards to be
19  applied to existing facilities. In making such rules, the
20  agency shall be guided by criteria recommended by nationally
21  recognized, reputable professional groups and associations
22  having knowledge concerning such subject matters. The agency
23  shall update or revise such criteria as the need arises. All
24  facilities must comply with those lifesafety code requirements
25  and building code standards applicable at the time of approval
26  of their construction plans. The agency may require
27  alterations to a building if it determines that an existing
28  condition constitutes a distinct hazard to life, health, or
29  safety. The agency shall adopt fair and reasonable rules
30  setting forth conditions under which existing facilities
31  undergoing additions, alterations, conversions, renovations,
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 1  or repairs are required to comply with the most recent updated
 2  or revised standards.
 3         (b)  The number and qualifications of all personnel,
 4  including management, medical nursing, and other personnel,
 5  having responsibility for any part of the care given to
 6  residents.
 7         (c)  All sanitary conditions within the facility and
 8  its surroundings, including water supply, sewage disposal,
 9  food handling, and general hygiene, which will ensure the
10  health and comfort of residents.
11         (d)  The equipment essential to the health and welfare
12  of the residents.
13         (e)  A uniform accounting system.
14         (f)  The care, treatment, and maintenance of residents
15  and measurement of the quality and adequacy thereof.
16         (g)  The preparation and annual update of a
17  comprehensive emergency management plan. The agency shall
18  adopt rules establishing minimum criteria for the plan after
19  consultation with the Department of Community Affairs. At a
20  minimum, the rules must provide for plan components that
21  address emergency evacuation transportation; adequate
22  sheltering arrangements; postdisaster activities, including
23  emergency power, food, and water; postdisaster transportation;
24  supplies; staffing; emergency equipment; individual
25  identification of residents and transfer of records; and
26  responding to family inquiries. The comprehensive emergency
27  management plan is subject to review and approval by the local
28  emergency management agency. During its review, the local
29  emergency management agency shall ensure that the following
30  agencies, at a minimum, are given the opportunity to review
31  the plan: the Department of Elderly Affairs, the Agency for
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 1  Persons with Disabilities Department of Children and Family
 2  Services, the Agency for Health Care Administration, and the
 3  Department of Community Affairs. Also, appropriate volunteer
 4  organizations must be given the opportunity to review the
 5  plan. The local emergency management agency shall complete its
 6  review within 60 days and either approve the plan or advise
 7  the facility of necessary revisions.
 8         (h)  Each licensee shall post its license in a
 9  prominent place that is in clear and unobstructed public view
10  at or near the place where residents are being admitted to the
11  facility.
12         Section 36.  Section 402.20, Florida Statutes, is
13  amended to read:
14         402.20  County contracts authorized for services and
15  facilities for in mental health and developmental disabilities
16  retardation areas.--The boards of county commissioners are
17  authorized to provide monetary grants and facilities, and to
18  enter into renewable contracts, for services and facilities,
19  for a period not to exceed 2 years, with public and private
20  hospitals, clinics, and laboratories; other state agencies,
21  departments, or divisions; the state colleges and
22  universities; the community colleges; private colleges and
23  universities; counties; municipalities; towns; townships; and
24  any other governmental unit or nonprofit organization which
25  provides needed facilities for persons with mental illness or
26  developmental disabilities the mentally ill or retarded.
27  These services are hereby declared to be for a public and
28  county purpose.  The county commissioners may make periodic
29  inspections to assure that the services or facilities provided
30  under this chapter meet the standards of the Department of
31  
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 1  Children and Family Services and the Agency for Persons with
 2  Disabilities.
 3         Section 37.  Section 402.22, Florida Statutes, is
 4  amended to read:
 5         402.22  Education program for students who reside in
 6  residential care facilities operated by the Department of
 7  Children and Family Services.--
 8         (1)(a)  The Legislature recognizes that the Department
 9  of Children and Family Services and the Agency for Persons
10  with Disabilities have under their has under its residential
11  care students with critical problems of physical impairment,
12  emotional disturbance, mental impairment, and learning
13  impairment.
14         (b)  The Legislature recognizes the vital role of
15  education in the rehabilitation of such students.  It is the
16  intent of the Legislature that all such students benefit from
17  educational services and receive such services.
18         (c)  It is the intent of the Legislature that
19  educational services be coordinated with appropriate and
20  existing diagnostic and evaluative, social, followup, and
21  other therapeutic services of the department and agency of
22  Children and Family Services so that the effect of the total
23  rehabilitation process is maximized.
24         (d)  It is the intent of the Legislature that, as
25  educational programs for students in residential care
26  facilities are implemented by the district school board,
27  educational personnel in the Department of Children and Family
28  Services residential care facilities who meet the
29  qualifications for employees of the district school board be
30  employed by the district school board.
31  
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 1         (2)  District school boards shall establish educational
 2  programs for all students ages 5 through 18 who are under the
 3  residential care of the Department of Children and Family
 4  Services or the Agency for Persons with Disabilities and may
 5  provide programs for students below age 3 as provided for in
 6  s. 1003.21(1)(e). Funding of such programs shall be pursuant
 7  to s. 1011.62.
 8         (3)  Notwithstanding any provisions of chapters 39,
 9  393, 394, and 397 to the contrary, the services of the
10  Department of Children and Family Services, the Agency for
11  Persons with Disabilities, and those of the Department of
12  Education, and district school boards shall be mutually
13  supportive and complementary of each other. The education
14  programs provided by the district school board shall meet the
15  standards prescribed by the State Board of Education and the
16  district school board. Decisions regarding the design and
17  delivery of Department of Children and Family Services
18  treatment or habilitative services provided by the department
19  or agency shall be made by interdisciplinary teams of
20  professional and paraprofessional staff of which appropriate
21  district school system administrative and instructional
22  personnel shall be invited to be participating members.  The
23  requirements for maintenance of confidentiality as prescribed
24  in chapters 39, 393, 394, and 397 shall be applied to
25  information used by such interdisciplinary teams, and such
26  information shall be exempt from the provisions of ss.
27  119.07(1) and 286.011.
28         (4)  Students age 18 and under who are under the
29  residential care of the Department of Children and Family
30  Services or the Agency for Persons with Disabilities and who
31  receive an education program shall be calculated as full-time
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 1  equivalent student membership in the appropriate cost factor
 2  as provided for in s. 1011.62(1)(c). Residential care
 3  facilities of the Department of Children and Family Services
 4  shall include, but not be limited to, developmental
 5  disabilities services institutions and state mental health
 6  facilities.  All students shall receive their education
 7  program from the district school system, and funding shall be
 8  allocated through the Florida Education Finance Program for
 9  the district school system.
10         (5)  Instructional and special educational services
11  that which are provided to mental health and retardation
12  clients with mental illness or developmental disabilities of
13  in the Department of Children and Family Services residential
14  care facilities of the department or the agency by local
15  school districts may shall not be less than 180 days or 900
16  hours; however, the 900 hours may be distributed over a
17  12-month period, unless otherwise stated in rules developed by
18  the State Board of Education, with the concurrence of the
19  department or agency, and adopted of Children and Family
20  Services promulgated pursuant to subsection (6).
21         (6)  The State Board of Education, and the Department
22  of Children and Family Services, and the Agency for Persons
23  with Disabilities may adopt shall have the authority to
24  promulgate rules to which shall assist in the orderly transfer
25  of the instruction of students from Department of Children and
26  Family Services residential care facilities of the department
27  or agency to the district school system or to the public
28  education agency and to which shall assist in implementing the
29  specific intent as stated in this act.
30         (7)  Notwithstanding the provisions of s.
31  1001.42(4)(n), the educational program at the Marianna Sunland
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 1  Center in Jackson County shall be operated by the Department
 2  of Education, either directly or through grants or contractual
 3  agreements with other public educational agencies.  The annual
 4  state allocation to any such agency shall be computed pursuant
 5  to s. 1011.62(1), (2), and (5) and allocated in the amount
 6  that would have been provided the local school district in
 7  which the residential facility is located.
 8         Section 38.  Paragraph (s) of subsection (3) of section
 9  408.036, Florida Statutes, is amended to read:
10         408.036  Projects subject to review; exemptions.--
11         (3)  EXEMPTIONS.--Upon request, the following projects
12  are subject to exemption from the provisions of subsection
13  (1):
14         (s)  For beds in state developmental disabilities
15  services institutions as defined in s. 393.063.
16         Section 39.  Paragraph (a) of subsection (2) and
17  subsection (8) of section 409.908, are amended to read:
18         409.908  Reimbursement of Medicaid providers.--Subject
19  to specific appropriations, the agency shall reimburse
20  Medicaid providers, in accordance with state and federal law,
21  according to methodologies set forth in the rules of the
22  agency and in policy manuals and handbooks incorporated by
23  reference therein.  These methodologies may include fee
24  schedules, reimbursement methods based on cost reporting,
25  negotiated fees, competitive bidding pursuant to s. 287.057,
26  and other mechanisms the agency considers efficient and
27  effective for purchasing services or goods on behalf of
28  recipients. If a provider is reimbursed based on cost
29  reporting and submits a cost report late and that cost report
30  would have been used to set a lower reimbursement rate for a
31  rate semester, then the provider's rate for that semester
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 1  shall be retroactively calculated using the new cost report,
 2  and full payment at the recalculated rate shall be effected
 3  retroactively. Medicare-granted extensions for filing cost
 4  reports, if applicable, shall also apply to Medicaid cost
 5  reports. Payment for Medicaid compensable services made on
 6  behalf of Medicaid eligible persons is subject to the
 7  availability of moneys and any limitations or directions
 8  provided for in the General Appropriations Act or chapter 216.
 9  Further, nothing in this section shall be construed to prevent
10  or limit the agency from adjusting fees, reimbursement rates,
11  lengths of stay, number of visits, or number of services, or
12  making any other adjustments necessary to comply with the
13  availability of moneys and any limitations or directions
14  provided for in the General Appropriations Act, provided the
15  adjustment is consistent with legislative intent.
16         (2)(a)1.  Reimbursement to nursing homes licensed under
17  part II of chapter 400 and state-owned-and-operated
18  intermediate care facilities for the developmentally disabled
19  licensed under part XI of chapter 400 chapter 393 must be made
20  prospectively.
21         2.  Unless otherwise limited or directed in the General
22  Appropriations Act, reimbursement to hospitals licensed under
23  part I of chapter 395 for the provision of swing-bed nursing
24  home services must be made on the basis of the average
25  statewide nursing home payment, and reimbursement to a
26  hospital licensed under part I of chapter 395 for the
27  provision of skilled nursing services must be made on the
28  basis of the average nursing home payment for those services
29  in the county in which the hospital is located. When a
30  hospital is located in a county that does not have any
31  community nursing homes, reimbursement shall must be
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 1  determined by averaging the nursing home payments, in counties
 2  that surround the county in which the hospital is located.
 3  Reimbursement to hospitals, including Medicaid payment of
 4  Medicare copayments, for skilled nursing services shall be
 5  limited to 30 days, unless a prior authorization has been
 6  obtained from the agency. Medicaid reimbursement may be
 7  extended by the agency beyond 30 days, and approval must be
 8  based upon verification by the patient's physician that the
 9  patient requires short-term rehabilitative and recuperative
10  services only, in which case an extension of no more than 15
11  days may be approved. Reimbursement to a hospital licensed
12  under part I of chapter 395 for the temporary provision of
13  skilled nursing services to nursing home residents who have
14  been displaced as the result of a natural disaster or other
15  emergency may not exceed the average county nursing home
16  payment for those services in the county in which the hospital
17  is located and is limited to the period of time which the
18  agency considers necessary for continued placement of the
19  nursing home residents in the hospital.
20         (8)  A provider of home-based or community-based
21  services rendered pursuant to a federally approved waiver
22  shall be reimbursed based on an established or negotiated rate
23  for each service. These rates shall be established according
24  to an analysis of the expenditure history and prospective
25  budget developed by each contract provider participating in
26  the waiver program, or under any other methodology adopted by
27  the agency and approved by the Federal Government in
28  accordance with the waiver. Effective July 1, 1996, Privately
29  owned and operated community-based residential facilities
30  which meet agency requirements and which formerly received
31  Medicaid reimbursement for the optional intermediate care
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 1  facility for the mentally retarded service may participate in
 2  the developmental services waiver as part of a
 3  home-and-community-based continuum of care for Medicaid
 4  recipients who receive waiver services.
 5         Section 40.  Subsection (3) of section 409.9127,
 6  Florida Statutes, is amended to read:
 7         409.9127  Preauthorization and concurrent utilization
 8  review; conflict-of-interest standards.--
 9         (3)  The agency shall help the Agency for Persons with
10  Disabilities Department of Children and Family Services meet
11  the requirements of s. 393.065(4). Only admissions approved
12  pursuant to such assessments are eligible for reimbursement
13  under this chapter.
14         Section 41.  Paragraph (c) of subsection (2) and
15  subsection (5) of section 411.224, Florida Statutes, are
16  amended to read:
17         411.224  Family support planning process.--The
18  Legislature establishes a family support planning process to
19  be used by the Department of Children and Family Services as
20  the service planning process for targeted individuals,
21  children, and families under its purview.
22         (2)  To the extent possible within existing resources,
23  the following populations must be included in the family
24  support planning process:
25         (c)  Children from birth through age 5 who are served
26  by the Agency for Persons with Disabilities Developmental
27  Disabilities Program Office of the Department of Children and
28  Family Services.
29         (5)  There must be only a single-family support plan to
30  address the problems of the various family members unless the
31  family requests that an individual family support plan be
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 1  developed for different members of that family. The family
 2  support plan must replace individual habilitation plans for
 3  children from birth through 5 years old who are served by the
 4  Agency for Persons with Disabilities Developmental
 5  Disabilities Program Office of the Department of Children and
 6  Family Services. To the extent possible, the family support
 7  plan must replace other case-planning forms used by the
 8  Department of Children and Family Services.
 9         Section 42.  Subsection (4) of section 411.232, Florida
10  Statutes, is amended to read:
11         411.232  Children's Early Investment Program.--
12         (4)  RULES FOR IMPLEMENTATION.--The Department of
13  Health and Rehabilitative Services shall adopt rules necessary
14  to administer implement this section.
15         Section 43.  Subsection (15) of section 415.102,
16  Florida Statutes, is amended to read:
17         415.102  Definitions of terms used in ss.
18  415.101-415.113.--As used in ss. 415.101-415.113, the term:
19         (15)  "Neglect" means the failure or omission on the
20  part of the caregiver or vulnerable adult to provide the care,
21  supervision, and services necessary to maintain the physical
22  and mental health of the vulnerable adult, including, but not
23  limited to, food, clothing, medicine, shelter, supervision,
24  and medical services, that a prudent person would consider
25  essential for the well-being of a vulnerable adult. The term
26  "neglect" also means the failure of a caregiver or vulnerable
27  adult to make a reasonable effort to protect a vulnerable
28  adult from abuse, neglect, or exploitation by others.
29  "Neglect" is repeated conduct or a single incident of
30  carelessness which produces or could reasonably be expected to
31  
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 1  result in serious physical or psychological injury or a
 2  substantial risk of death.
 3         Section 44.  Section 415.1035, Florida Statutes, is
 4  amended to read:
 5         415.1035  Facility's duty to inform residents of their
 6  right to report abusive, neglectful, or exploitive
 7  practices.--The department shall work cooperatively with the
 8  Agency for Health Care Administration, the Agency for Persons
 9  with Disabilities, and the Department of Elderly Affairs to
10  ensure that every facility that serves vulnerable adults
11  informs residents of their right to report abusive,
12  neglectful, or exploitive practices. Each facility must
13  establish appropriate policies and procedures to facilitate
14  such reporting.
15         Section 45.  Subsection (1) of section 415.1051,
16  Florida Statutes, is amended to read:
17         415.1051  Protective services interventions when
18  capacity to consent is lacking; nonemergencies; emergencies;
19  orders; limitations.--
20         (1)  NONEMERGENCY PROTECTIVE SERVICES
21  INTERVENTIONS.--If the department has reasonable cause to
22  believe that a vulnerable adult or a vulnerable adult in need
23  of services is being abused, neglected, or exploited and is in
24  need of protective services but lacks the capacity to consent
25  to protective services, the department shall petition the
26  court for an order authorizing the provision of protective
27  services.
28         (a)  Nonemergency protective services petition.--The
29  petition must state the name, age, and address of the
30  vulnerable adult, allege specific facts sufficient to show
31  that the vulnerable adult is in need of protective services
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 1  and lacks the capacity to consent to them, and indicate the
 2  services needed.
 3         (b)  Notice.--Notice of the filing of the petition and
 4  a copy of the petition must be given to the vulnerable adult,
 5  to that person's spouse, guardian, and legal counsel, and,
 6  when known, to the adult children or next of kin of the
 7  vulnerable adult.  Such notice must be given at least 5 days
 8  before the hearing.
 9         (c)  Hearing.--
10         1.  The court shall set the case for hearing within 14
11  days after the filing of the petition.  The vulnerable adult
12  and any person given notice of the filing of the petition have
13  the right to be present at the hearing. The department must
14  make reasonable efforts to ensure the presence of the
15  vulnerable adult at the hearing.
16         2.  The vulnerable adult has the right to be
17  represented by legal counsel at the hearing. The court shall
18  appoint legal counsel to represent a vulnerable adult who is
19  without legal representation.
20         3.  The court shall determine whether:
21         a.  Protective services, including in-home services,
22  are necessary.
23         b.  The vulnerable adult lacks the capacity to consent
24  to the provision of such services.
25         (d)  Hearing findings.--If at the hearing the court
26  finds by clear and convincing evidence that the vulnerable
27  adult is in need of protective services and lacks the capacity
28  to consent, the court may issue an order authorizing the
29  provision of protective services.  If an order for protective
30  services is issued, it must include a statement of the
31  services to be provided and designate an individual or agency
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 1  to be responsible for performing or obtaining the essential
 2  services on behalf of the vulnerable adult or otherwise
 3  consenting to protective services on behalf of the vulnerable
 4  adult.
 5         (e)  Continued protective services.--
 6         1.  No more than 60 days after the date of the order
 7  authorizing the provision of protective services, the
 8  department shall petition the court to determine whether:
 9         a.  Protective services will be continued with the
10  consent of the vulnerable adult pursuant to subsection (1);
11         b.  Protective services will be continued for the
12  vulnerable adult who lacks capacity;
13         c.  Protective services will be discontinued; or
14         d.  A petition for guardianship should be filed
15  pursuant to chapter 744.
16         2.  If the court determines that a petition for
17  guardianship should be filed pursuant to chapter 744, the
18  court, for good cause shown, may order continued protective
19  services until it makes a determination regarding capacity is
20  made.
21         (f)  Costs.--The costs of services ordered under this
22  section must be paid by the perpetrator if the perpetrator is
23  financially able to do so; or by third-party reimbursement, if
24  available.  If the vulnerable adult is unable to pay for
25  guardianship, application may be made to the public guardian
26  for public guardianship services, if available.
27         Section 46.  Subsections (1) and (10) of section
28  415.1055, Florida Statutes, are amended to read:
29         415.1055  Notification to administrative entities.--
30         (1)  Upon receipt of a report that alleges that an
31  employee or agent of the department, the Agency for Persons
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 1  with Disabilities, or the Department of Elderly Affairs,
 2  acting in an official capacity, has committed an act of abuse,
 3  neglect, or exploitation, the department shall notify the
 4  state attorney in whose circuit the abuse, neglect, or
 5  exploitation occurred. This notification may be oral or
 6  written.
 7         (10)  When a report has been received and the
 8  department has reason to believe that a vulnerable adult
 9  resident of a facility licensed by the Agency for Health Care
10  Administration or the Agency for Persons with Disabilities has
11  been the victim of abuse, neglect, or exploitation, the
12  department shall provide a copy of its investigation to the
13  appropriate agency. If the investigation determines that a
14  health professional licensed or certified under the Department
15  of Health may have abused, neglected, or exploited a
16  vulnerable adult, the department shall also provide a copy to
17  the Department of Health.
18         Section 47.  Paragraphs (a) and (h) of subsection (3)
19  of section 415.107, Florida Statutes, are amended to read:
20         415.107  Confidentiality of reports and records.--
21         (3)  Access to all records, excluding the name of the
22  reporter which shall be released only as provided in
23  subsection (6), shall be granted only to the following
24  persons, officials, and agencies:
25         (a)  Employees or agents of the department, of the
26  Agency for Health Care Administration, the Agency for Persons
27  with Disabilities, or of the Department of Elderly Affairs who
28  are responsible for carrying out protective investigations,
29  ongoing protective services, or licensure or approval of
30  nursing homes, assisted living facilities, adult day care
31  centers, adult family-care homes, home care for the elderly,
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 1  hospices, or other facilities used for the placement of
 2  vulnerable adults.
 3         (h)  Any appropriate official of the department, the
 4  Agency for Persons with Disabilities, of the Agency for Health
 5  Care Administration, or of the Department of Elderly Affairs
 6  who is responsible for:
 7         1.  Administration or supervision of the programs for
 8  the prevention, investigation, or treatment of abuse, neglect,
 9  or exploitation of vulnerable adults when carrying out an
10  official function; or
11         2.  Taking appropriate administrative action concerning
12  an employee alleged to have perpetrated abuse, neglect, or
13  exploitation of a vulnerable adult in an institution.
14         Section 48.  Subsections (1), (2), (3), and (6) of
15  section 419.001, Florida Statutes, are amended to read:
16         419.001  Site selection of community residential
17  homes.--
18         (1)  For the purposes of this section, the term
19  following definitions shall apply:
20         (a)  "Agency" means the Agency for Persons with
21  Disabilities.
22         (b)(a)  "Community residential home" means a dwelling
23  unit licensed to serve clients of the Department of Children
24  and Family Services or the Agency for Persons with
25  Disabilities, which provides a living environment for 7 to 14
26  unrelated residents who operate as the functional equivalent
27  of a family, including such supervision and care by supportive
28  staff as may be necessary to meet the physical, emotional, and
29  social needs of the residents.
30         (c)(b)  "Department" means the Department of Children
31  and Family Services.
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 1         (d)(c)  "Local government" means a county as set forth
 2  in chapter 7 or a municipality incorporated under the
 3  provisions of chapter 165.
 4         (e)(d)  "Resident" means any of the following: a frail
 5  elder as defined in s. 400.618; a physically disabled or
 6  handicapped person as defined in s. 760.22(7)(a); a
 7  developmentally disabled person with a developmental
 8  disability as defined in s. 393.063; a nondangerous mentally
 9  ill person with mental illness as defined in s. 394.455 s.
10  394.455(18); or a child as defined in s. 39.01(14), s.
11  984.03(9) or (12), or s. 985.03(8).
12         (f)(e)  "Sponsoring agency" means an agency or unit of
13  government, a profit or nonprofit agency, or any other person
14  or organization which intends to establish or operate a
15  community residential home.
16         (2)  Homes of six or fewer residents which otherwise
17  meet the definition of a community residential home shall be
18  deemed a single-family unit and a noncommercial, residential
19  use for the purpose of local laws and ordinances.  Homes of
20  six or fewer residents which otherwise meet the definition of
21  a community residential home shall be allowed in single-family
22  or multifamily zoning without approval by the local
23  government, provided that such homes shall not be located
24  within a radius of 1,000 feet of another existing such home
25  with six or fewer residents.  Such homes with six or fewer
26  residents shall not be required to comply with the
27  notification provisions of this section; provided, however,
28  that the sponsoring agency or the department notifies the
29  local government at the time of home occupancy that the home
30  is licensed by the department or agency.
31  
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 1         (3)(a)  When a site for a community residential home
 2  has been selected by a sponsoring agency in an area zoned for
 3  multifamily, the sponsoring agency shall notify the chief
 4  executive officer of the local government in writing and
 5  include in such notice the specific address of the site, the
 6  residential licensing category, the number of residents, and
 7  the community support requirements of the program.  Such
 8  notice shall also contain a statement from the district
 9  administrator of the department indicating the need for and
10  the licensing status of the proposed community residential
11  home and specifying how the home meets applicable licensing
12  criteria for the safe care and supervision of the clients in
13  the home. The department and agency district administrator
14  shall also provide to the local government the most recently
15  published data compiled that identifies all community
16  residential homes in the department's district in which the
17  proposed site is to be located.  The local government shall
18  review the notification of the sponsoring agency in accordance
19  with the zoning ordinance of the jurisdiction.
20         (b)  Pursuant to such review, the local government may:
21         1.  Determine that the siting of the community
22  residential home is in accordance with local zoning and
23  approve the siting. If the siting is approved, the sponsoring
24  agency may establish the home at the site selected.
25         2.  Fail to respond within 60 days.  If the local
26  government fails to respond within such time, the sponsoring
27  agency may establish the home at the site selected.
28         3.  Deny the siting of the home.
29         (c)  The local government shall not deny the siting of
30  a community residential home unless the local government
31  establishes that the siting of the home at the site selected:
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 1         1.  Does not otherwise conform to existing zoning
 2  regulations applicable to other multifamily uses in the area.
 3         2.  Does not meet applicable licensing criteria
 4  established and determined by the department or agency,
 5  including requirements that the home be located to assure the
 6  safe care and supervision of all clients in the home.
 7         3.  Would result in such a concentration of community
 8  residential homes in the area in proximity to the site
 9  selected, or would result in a combination of such homes with
10  other residences in the community, such that the nature and
11  character of the area would be substantially altered.  A home
12  that is located within a radius of 1,200 feet of another
13  existing community residential home in a multifamily zone
14  shall be an overconcentration of such homes that substantially
15  alters the nature and character of the area.  A home that is
16  located within a radius of 500 feet of an area of
17  single-family zoning substantially alters the nature and
18  character of the area.
19         (6)  The department or agency may shall not issue a
20  license to a sponsoring agency for operation of a community
21  residential home if the sponsoring agency does not notify the
22  local government of its intention to establish a program, as
23  required by subsection (3). A license issued without
24  compliance with the provisions of this section shall be
25  considered null and void, and continued operation of the home
26  may be enjoined.
27         Section 49.  Paragraph (a) of subsection (3) of section
28  435.03, Florida Statutes, is amended to read:
29         435.03  Level 1 screening standards.--
30         (3)  Standards must also ensure that the person:
31  
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 1         (a)  For employees and employers licensed or registered
 2  pursuant to chapter 400, and for employees and employers of
 3  developmental disabilities services institutions as defined in
 4  s. 393.063, intermediate care facilities for the
 5  developmentally disabled as defined in s. 393.063, and mental
 6  health treatment facilities as defined in s. 394.455, meets
 7  the requirements of this chapter.
 8         Section 50.  Section 944.602, Florida Statutes, is
 9  amended to read:
10         944.602  Agency notification of Department of Children
11  and Family Services before release of mentally retarded
12  inmates.--Before the release by parole, release by reason of
13  gain-time allowances provided for in s. 944.291, or expiration
14  of sentence of any inmate who has been diagnosed as mentally
15  retarded as defined in s. 393.063, the Department of
16  Corrections shall notify the Agency for Persons with
17  Disabilities Department of Children and Family Services in
18  order that sufficient time be allowed to notify the inmate or
19  the inmate's representative, in writing, at least 7 days prior
20  to the inmate's release, of available community services.
21         Section 51.  Subsections (2) and (3) of section
22  945.025, Florida Statutes, are amended to read:
23         945.025  Jurisdiction of department.--
24         (2)  In establishing, operating, and using utilizing
25  these facilities, the department shall attempt, whenever
26  possible, to avoid the placement of nondangerous offenders who
27  have potential for rehabilitation with repeat offenders or
28  dangerous offenders. Medical, mental, and psychological
29  problems shall be diagnosed and treated whenever possible. The
30  Department of Children and Family Services and the Agency for
31  Persons with Disabilities shall cooperate to ensure the
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 1  delivery of services to persons under the custody or
 2  supervision of the department.  When it is the intent of the
 3  department to transfer a mentally ill or retarded prisoner to
 4  the Department of Children and Family Services or the Agency
 5  for Persons with Disabilities, an involuntary commitment
 6  hearing shall be held according to the provisions of chapter
 7  393 or chapter 394.
 8         (3)  There shall be other correctional facilities,
 9  including detention facilities of varying levels of security,
10  work-release facilities, and community correctional
11  facilities, halfway houses, and other approved community
12  residential and nonresidential facilities and programs;
13  however, no adult correctional facility may be established by
14  changing the use and purpose of any mental health facility or
15  mental health institution under the jurisdiction of any state
16  agency or department without authorization in the General
17  Appropriation Act or other approval by the Legislature. Any
18  facility the purpose and use of which was changed subsequent
19  to January 1, 1975, shall be returned to its original use and
20  purpose by July 1, 1977. However, the G. Pierce Wood Memorial
21  Hospital located at Arcadia, DeSoto County, may not be
22  converted into a correctional facility as long as such
23  hospital is in use as a state mental health hospital. Any
24  community residential facility may be deemed a part of the
25  state correctional system for purposes of maintaining custody
26  of offenders, and for this purpose the department may contract
27  for and purchase the services of such facilities.
28         Section 52.  Section 947.185, Florida Statutes, is
29  amended to read:
30         947.185  Application for mental retardation services as
31  condition of parole.--The Parole Commission may require as a
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 1  condition of parole that any inmate who has been diagnosed as
 2  mentally retarded as defined in s. 393.063 shall, upon
 3  release, apply for retardation services from the Agency for
 4  Persons with Disabilities Department of Children and Family
 5  Services.
 6         Section 53.  Subsection (3) of section 984.19, Florida
 7  Statutes, is amended to read:
 8         984.19  Medical screening and treatment of child;
 9  examination of parent, guardian, or person requesting
10  custody.--
11         (3)  A judge may order that a child alleged to be or
12  adjudicated a child in need of services be examined by a
13  licensed health care professional. The judge may also order
14  such child to be evaluated by a psychiatrist or a
15  psychologist, by a district school board educational needs
16  assessment team, or, if a developmental disability is
17  suspected or alleged, by a the developmental disability
18  diagnostic and evaluation team with of the Agency for Persons
19  with Disabilities Department of Children and Family Services.
20  The judge may order a family assessment if that assessment was
21  not completed at an earlier time. If it is necessary to place
22  a child in a residential facility for such evaluation, then
23  the criteria and procedure established in s. 394.463(2) or
24  chapter 393 shall be used, whichever is applicable. The
25  educational needs assessment provided by the district school
26  board educational needs assessment team shall include, but not
27  be limited to, reports of intelligence and achievement tests,
28  screening for learning disabilities and other handicaps, and
29  screening for the need for alternative education pursuant to
30  s. 1003.53.
31  
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 1         Section 54.  Subsection (8) of section 984.225, Florida
 2  Statutes, is amended to read:
 3         984.225  Powers of disposition; placement in a
 4  staff-secure shelter.--
 5         (8)  If the child requires residential mental health
 6  treatment or residential care for a developmental disability,
 7  the court shall refer the child to the Department of Children
 8  and Family Services or the Agency for Persons with
 9  Disabilities, as appropriate, for the provision of necessary
10  services.
11         Section 55.  Paragraph (e) of subsection (5) of section
12  984.226, Florida Statutes, is amended to read:
13         984.226  Physically secure setting.--
14         (5)
15         (e)  If the child requires residential mental health
16  treatment or residential care for a developmental disability,
17  the court shall refer the child to the Department of Children
18  and Family Services or the Agency for Persons with
19  Disabilities, as appropriate, for the provision of necessary
20  services.
21         Section 56.  Subsection (1) of section 985.224, Florida
22  Statutes, is amended to read:
23         985.224  Medical, psychiatric, psychological, substance
24  abuse, and educational examination and treatment.--
25         (1)  After a detention petition or a petition for
26  delinquency has been filed, the court may order the child
27  named in the petition to be examined by a physician. The court
28  may also order the child to be evaluated by a psychiatrist or
29  a psychologist, by a district school board educational needs
30  assessment team, or, if a developmental disability is
31  suspected or alleged, by a the developmental disabilities
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 1  diagnostic and evaluation team with of the Agency for Persons
 2  with Disabilities Department of Children and Family Services.
 3  If it is necessary to place a child in a residential facility
 4  for such evaluation, the criteria and procedures established
 5  in chapter 393, chapter 394, or chapter 397, whichever is
 6  applicable, shall be used.
 7         Section 57.  Section 1003.58, Florida Statutes, is
 8  amended to read:
 9         1003.58  Students in residential care facilities.--Each
10  district school board shall provide educational programs
11  according to rules of the State Board of Education to students
12  who reside in residential care facilities operated by the
13  Department of Children and Family Services or the Agency for
14  Persons with Disabilities.
15         (1)  The district school board shall not be charged any
16  rent, maintenance, utilities, or overhead on such facilities.
17  Maintenance, repairs, and remodeling of existing facilities
18  shall be provided by the Department of Children and Family
19  Services or the Agency for Persons with Disabilities, as
20  appropriate.
21         (2)  If additional facilities are required, the
22  district school board and the Department of Children and
23  Family Services or the Agency for Persons Disabilities, as
24  appropriate, shall agree on the appropriate site based on the
25  instructional needs of the students. When the most appropriate
26  site for instruction is on district school board property, a
27  special capital outlay request shall be made by the
28  commissioner in accordance with s. 1013.60. When the most
29  appropriate site is on state property, state capital outlay
30  funds shall be requested by the department or agency in
31  accordance with chapter 216 of Children and Family Services as
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 1  provided by s. 216.043 and shall be submitted as specified by
 2  s. 216.023. Any instructional facility to be built on state
 3  property shall have educational specifications jointly
 4  developed by the school district and the department or agency
 5  of Children and Family Services and approved by the Department
 6  of Education. The size of space and occupant design capacity
 7  criteria as provided by state board rules shall be used for
 8  remodeling or new construction whether facilities are provided
 9  on state property or district school board property. The
10  planning of such additional facilities shall incorporate
11  current Department of Children and Family Services
12  deinstitutionalization goals and plans of the state.
13         (3)  The district school board shall have full and
14  complete authority in the matter of the assignment and
15  placement of such students in educational programs. The parent
16  of an exceptional student shall have the same due process
17  rights as are provided under s. 1003.57(5).
18         (4)  The district school board shall have a written
19  agreement with the Department of Children and Family Services
20  and the Agency for Persons with Disabilities outlining the
21  respective duties and responsibilities of each party.
22  
23  Notwithstanding the provisions herein, the educational program
24  at the Marianna Sunland Center in Jackson County shall be
25  operated by the Department of Education, either directly or
26  through grants or contractual agreements with other public or
27  duly accredited educational agencies approved by the
28  Department of Education.
29         Section 58.  Section 114 of chapter 2004-267, Laws of
30  Florida, is repealed.
31         Section 59.  This act shall take effect July 1, 2005.
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 1            *****************************************
 2                          SENATE SUMMARY
 3    Revises various provisions governing services provided by
      the Agency for Persons with Disabilities. Conforms
 4    provisions of law to the transfer of duties from the
      Developmental Disabilities Program Office of the
 5    Department of Children and Family Services to the agency.
      Revises certain requirements governing the screening of
 6    agency personnel and providers. Clarifies the agency's
      rulemaking authority. Establishes a comprehensive
 7    transitional education program to provide services for
      persons exhibiting maladaptive behaviors. Establishes the
 8    Community Resources Development Loan Program. (See bill
      for details.)
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