HB 1503

1	A bill to be entitled
2	An act relating to the Agency for Persons with
3	Disabilities; amending s. 20.197, F.S.; providing for the
4	director of the Agency for Persons with Disabilities to be
5	subject to confirmation by the Senate; amending s. 39.202,
6	F.S.; providing for certain employees, agents, and
7	contract providers of the agency to have access to records
8	concerning cases of child abuse or neglect for specified
9	purposes; amending s. 39.502, F.S.; requiring the court to
10	inform certain persons regarding advocacy services
11	provided by the agency; amending s. 287.155, F.S.;
12	authorizing the agency to purchase vehicles under certain
13	circumstances; amending s. 383.14, F.S.; providing for
14	appointment of a representative from the agency, rather
15	than from the Developmental Disabilities Program Office of
16	the Department of Children and Family Services, to be
17	appointed to the Genetics and Newborn Screening Advisory
18	Council; repealing s. 393.061, F.S., relating to a short
19	title; amending s. 393.062, F.S.; revising legislative
20	findings and intent regarding services for individuals
21	with developmental disabilities; conforming terminology;
22	amending s. 393.063, F.S.; providing, revising, and
23	deleting definitions applicable to ch. 393, F.S., relating
24	to developmental disabilities; amending s. 393.064, F.S.;
25	revising the duties of the Agency for Persons with
26	Disabilities with respect to prevention services,
27	evaluations and assessments, intervention services, and
28	support services; amending s. 393.0641, F.S., relating to
29	the program for the prevention and treatment of severe
30	self-injurious behavior; providing a definition; amending
31	s. 393.065, F.S.; deleting an obsolete reference; amending
32	s. 393.0651, F.S.; revising provisions relating to
33	individual and family support plans; deleting a
34	prohibition against assessing certain fees; creating s.
35	393.0654, F.S.; providing criteria for an exemption from
36	the prohibition on conflicting employment or contractual
37	relationships for direct care providers employed by the
38	agency; amending s. 393.0655, F.S.; providing
39	applicability of provisions relating to dismissal of
40	employees for noncompliance with certain standards
41	established for persons who provide care and services to
42	persons with developmental disabilities; amending s.
43	393.0657, F.S.; revising an exemption from certain
44	requirements for refingerprinting and rescreening;
45	revising requirements for background screening; deleting
46	obsolete language; amending s. 393.066, F.S.; revising
47	certain requirements for the services provided by the
48	agency; requiring agency approval for purchased services;
49	revising the agency's rulemaking authority; amending s.
50	393.067, F.S.; revising requirements governing the
51	agency's licensure procedures; specifying that a license
52	from the agency is not a property right; revising the
53	requirements for background screening of applicants for
54	licensure and managers, supervisors, and staff members of
55	service providers; requiring that the agency adopt rules
56	governing the reporting of incidents; deleting certain
57	responsibilities of the Agency for Health Care
58	Administration with respect to the development and review
59	of emergency management plans; deleting certain zoning
60	requirements for alternative living centers and
61	independent living education centers; amending s.
62	393.0673, F.S.; deleting a requirement that certain fines
63	be deposited into the Resident Protection Trust Fund;
64	requiring that the agency adopt rules for evaluating
65	violations and determining the amount of fines; amending
66	s. 393.0674, F.S.; providing a penalty for failure by a
67	provider to comply with background screening requirements;
68	amending s. 393.0675, F.S.; deleting certain obsolete
69	provisions requiring that a provider be of good moral
70	character; amending s. 393.0678, F.S., relating to
71	receivership proceedings, to delete obsolete language;
72	amending s. 393.068, F.S.; requiring that the family care
73	program emphasize self-determination; revising certain
74	requirements for reimbursing a family care program
75	provider; amending s. 393.0695, F.S.; requiring the agency
76	to reassess in-home subsidies quarterly rather than
77	annually; amending s. 393.075, F.S., relating to liability
78	coverage for facilities licensed by the agency; conforming
79	terminology; amending s. 393.11, F.S.; providing
80	jurisdiction for hearings in cases of involuntary
81	admission of a person with autism to residential services;
82	providing that s. 916.302, F.S., shall control in cases of
83	involuntary commitment of a person with mental retardation
84	or autism who is charged with a felony; deleting provision
85	relating to entities authorized to file a petition for
86	involuntary admission to residential services; providing
87	for agency participation and deleting an obsolete
88	reference; providing for persons with autism to be
89	examined prior to a determination of involuntary admission
90	to residential services; requiring the hearing for
91	involuntary admission to be conducted in the county in
92	which the petition is filed; providing that the competency
93	of a person with mental retardation or autism to stand
94	trial is determined under ch. 916, F.S.; amending s.
95	393.122, F.S., clarifying requirements governing
96	applications for continued residential services; amending
97	s. 393.125, F.S.; prohibiting a service provider of an
98	applicant or client from acting as that applicant's or
99	client's authorized representatives for purposes of
100	requesting an administrative hearing; amending s. 393.13,
101	F.S., relating to treatment of persons with developmental
102	disabilities; revising the short title; revising
103	legislative intent and terminology; removing requirement
104	that clients be afforded minimum wage protection and fair
105	compensation for labor under certain circumstances;
106	providing the right of clients to be free from the
107	imposition of unnecessary seclusion; requiring the agency
108	to adopt rules for the use of restraints and seclusion;
109	requiring the central record of a client to remain the
110	property of the agency; prescribing duties of agency local
111	area offices with regard to submission of certain reports;
112	revising composition of the resident government of a
113	facility; amending s. 393.135, F.S., relating to sexual
114	misconduct; revising definitions, terminology,
115	applicability, and reporting requirements; clarifying
116	provisions making sexual misconduct a second-degree
117	felony; amending s. 393.15, F.S.; establishing the
118	Community Resources Development Loan Program to provide
119	loans to foster homes, group homes, and supported
120	employment programs; providing legislative intent;
121	providing eligibility requirements; providing authorized
122	uses of loan funds; requiring that the agency adopt rules
123	governing the loan program; providing requirements for
124	repaying loans; requiring certain programs to submit an
125	annual statement containing specified information to the
126	agency; amending s. 393.17, F.S.; authorizing the agency
127	to establish by rule certification programs for providers
128	of client services; requiring that the agency establish a
129	certification program for behavior analysts; requiring
130	that the program be reviewed and validated; creating s.
131	393.18, F.S.; providing for a comprehensive transitional
132	education program for persons who have severe or moderate
133	maladaptive behaviors; specifying the types of treatment
134	and education centers providing services under the
135	program; providing requirements for licensure; requiring
136	individual education plans for persons receiving services;
137	limiting the number of persons who may receive services in
138	such a program; amending s. 393.501, F.S.; revising the
139	agency's rulemaking authority; providing requirements for
140	rules governing alternative living centers and independent
141	living education centers; providing an exemption from
142	zoning requirements under certain circumstances; amending
143	s. 393.506, F.S.; revising provisions permitting the
144	administration of medication by certain unlicensed staff
145	to persons with developmental disabilities; authorizing
146	certain direct care providers to supervise the self-
147	administration of or administer specified medications
148	under certain circumstances; requiring unlicensed direct
149	care providers to complete a training course; requiring an
150	annual assessment of competency; providing rulemaking
151	authority to the Agency for Health Care Administration;
152	requiring the informed consent of the client; providing a
153	definition; creating s. 393.507, F.S.; authorizing the
154	agency to establish a citizen support organization and
155	provide criteria therefor; providing legislative findings;
156	requiring governance by a board of directors; providing
157	for membership, terms, grounds for removal, and per diem
158	and travel expenses; authorizing the use of certain agency
159	property, facilities, and services by the organization;
160	requiring an operational contract with the agency;
161	specifying contents of the contract; requiring moneys of
162	the organization to be held in a separate account;
163	requiring an annual audit; providing for purpose of the
164	organization; authorizing the appropriation of funds to be
165	used by the organization; amending s. 397.405, F.S.;
166	clarifying an exemption from licensure provided to certain
167	facilities licensed under ch. 393, F.S.; amending s.
168	400.419, F.S.; requiring that a list of facilities subject
169	to sanctions or fines be disseminated to the agency;
170	amending s. 400.960, F.S.; revising definitions for
171	purpose of part XI of ch. 400, F.S., relating to
172	intermediate care facilities for persons with
173	developmental disabilities; amending ss. 400.963 and
174	400.964, F.S.; conforming terminology; amending s.
175	400.967, F.S. relating to rules and classification
176	deficiencies; conforming provisions to the transfer of
177	duties from the Department of Children and Family Services
178	to the agency; amending ss. 402.115, 402.17, 402.181,
179	402.20, 402.22, and 402.33, F.S.; including the Agency for
180	Persons with Disabilities within provisions governing the
181	sharing of information, claims for the care and
182	maintenance of facility residents, county contracts
183	authorized for certain services and facilities, education
184	programs for students who reside in state facilities, and
185	fees for services; amending s. 409.908, F.S.; revising a
186	reference; deleting obsolete language; amending s.
187	409.9127, F.S.; conforming reference to changes made by
188	the act; amending ss. 411.224 and 411.232, F.S.;
189	conforming provisions to the transfer of duties from the
190	Developmental Disabilities Program Office within the
191	Department of Children and Family Services to the Agency
192	for Persons with Disabilities; correcting a reference;
193	amending ss. 415.102, 415.1035, 415.1055, and 415.107,
194	F.S.; conforming terminology; including the Agency for
195	Persons with Disabilities within provisions providing
196	requirements that a facility inform residents of certain
197	rights, notification requirements for administrative
198	entities, and requirements for maintaining the
199	confidentiality of reports and records; amending s.
200	419.001, F.S., relating to site selection of community
201	residential homes; revising definitions; conforming
202	terminology; amending s. 435.03, F.S., relating to
203	screening standards; conforming terminology and a cross-
204	reference; amending ss. 490.014 and 491.014, F.S.;
205	deleting references to the developmental services program
206	to conform to changes made by the act; amending s.
207	916.105, F.S.; revising legislative intent; amending s.
208	916.106, F.S.; revising definitions; amending s. 916.107,
209	F.S.; revising provisions relating to rights of forensic
210	clients; amending s. 916.1075, F.S.; revising definitions;
211	revising provisions relating to sexual misconduct between
212	an employee and a forensic client; amending s. 916.1081,
213	F.S.; providing a penalty for a forensic client who
214	escapes or attempts to escape from a civil or forensic
215	facility; amending s. 916.1085, F.S.; revising language
216	relating to the unlawful introduction or removal of
217	certain items; conforming a reference; amending ss.
218	916.1091 and 916.1093 F.S.; conforming language to changes
219	made by the act; amending ss. 916.111 and 916.115, F.S.;
220	revising language relating to the training and appointment
221	of mental health experts; amending ss. 916.12 and
222	916.3012, F.S.; revising provisions relating to the
223	determination of the mental competence of a defendant in
224	certain proceedings; amending ss. 916.13, 916.15, 916.16,
225	and 916.17, F.S.; revising provisions relating to
226	involuntary commitment of a defendant adjudicated
227	incompetent or not guilty by reason of insanity,
228	jurisdiction of the committing court, and conditional
229	release; amending s. 916.301, F.S.; revising provisions
230	relating to court-ordered evaluations of persons with
231	mental retardation or autism; amending s. 916.302, F.S.;
232	revising provisions relating to involuntary commitment of
233	a defendant determined incompetent to proceed; amending s.
234	916.3025, F.S.; revising provisions relating to
235	jurisdiction of the committing court; amending s. 916.303,
236	F.S.; revising provisions relating to determination of
237	incompetency due to mental retardation or autism; amending
238	s. 916.304, F.S.; revising provisions relating to
239	conditional release; amending s. 921.137, F.S.; revising
240	provisions relating to the imposition of the death
241	sentence upon a defendant with mental retardation;
242	amending s. 944.602, F.S.; requiring the agency to be
243	notified before the release of an inmate with mental
244	retardation; amending s. 945.025, F.S.; providing for
245	cooperation between the Department of Children and Family
246	Services and the agency for the delivery of services to
247	certain persons under the custody or supervision of the
248	department; deleting obsolete language; amending s.
249	947.185, F.S.; providing for application for certain
250	services from the agency as a condition of parole for
251	inmates with mental retardation; amending ss. 985.223 and
252	985.224, F.S.; conforming references to changes made by
253	the act; amending s. 1003.58, F.S.; including facilities
254	operated by the Agency for Persons with Disabilities
255	within provisions governing the residential care of
256	students; amending ss. 17.61, 39.001, 287.057, 381.0072,
257	400.464, 408.036, 943.0585, 943.059, and 984.22, F.S.;
258	conforming references to changes made by the act; creating
259	s. 394.4592, F.S., relating to seclusion and restraint in
260	behavioral health care; providing legislative findings;
261	providing for applicability; requiring collection of
262	certain data; providing definitions; requiring facilities
263	to conduct assessments of individuals to be admitted to
264	the facility and providing criteria therefor; specifying
265	requirements for the use of restraint and seclusion;
266	providing for development of debriefing procedures after
267	imposition of restraint and seclusion; providing
268	requirements for facility licensing and certification;
269	providing an effective date.
270
271	Be It Enacted by the Legislature of the State of Florida:
272
273	Section 1.  Subsection (1) of section 20.197, Florida
274	Statutes, is amended to read:
275	20.197  Agency for Persons with Disabilities.--There is
276	created the Agency for Persons with Disabilities, housed within
277	the Department of Children and Family Services for
278	administrative purposes only. The agency shall be a separate
279	budget entity not subject to control, supervision, or direction
280	by the Department of Children and Family Services in any manner,
281	including, but not limited to, personnel, purchasing,
282	transactions involving real or personal property, and budgetary
283	matters.
284	(1)  The director of the agency shall be the agency head
285	for all purposes and shall be appointed by the Governor, subject
286	to confirmation by the Senate, and shall serve at the pleasure
287	of the Governor. The director shall administer the affairs of
288	the agency and establish administrative units as needed and may,
289	within available resources, employ assistants, professional
290	staff, and other employees as necessary to discharge the powers
291	and duties of the agency.
292	Section 2.  Paragraphs (a) and (h) of subsection (2) of
293	section 39.202, Florida Statutes, are amended to read:
294	39.202  Confidentiality of reports and records in cases of
295	child abuse or neglect.--
296	(2)  Except as provided in subsection (4), access to such
297	records, excluding the name of the reporter which shall be
298	released only as provided in subsection (5), shall be granted
299	only to the following persons, officials, and agencies:
300	(a)  Employees, authorized agents, or contract providers of
301	the department, the Department of Health, the Agency for Persons
302	with Disabilities, or county agencies responsible for carrying
303	out:
304	1.  Child or adult protective investigations;
305	2.  Ongoing child or adult protective services;
306	3.  Healthy Start services; or
307	4.  Licensure or approval of adoptive homes, foster homes,
308	or child care facilities, facilities licensed under chapter 393,
309	or family day care homes or informal child care providers who
310	receive subsidized child care funding, or other homes used to
311	provide for the care and welfare of children; or.
312	5.  Services for victims of domestic violence when provided
313	by certified domestic violence centers working at the
314	department's request as case consultants or with shared clients.
315
316	Also, employees or agents of the Department of Juvenile Justice
317	responsible for the provision of services to children, pursuant
318	to chapters 984 and 985.
319	(h)  Any appropriate official of the department or the
320	Agency for Persons with Disabilities responsible for:
321	1.  Administration or supervision of the department's
322	program for the prevention, investigation, or treatment of child
323	abuse, abandonment, or neglect, or abuse, neglect, or
324	exploitation of a vulnerable adult, when carrying out his or her
325	official function;
326	2.  Taking appropriate administrative action concerning a
327	department or agency an employee of the department alleged to
328	have perpetrated child abuse, abandonment, or neglect, or abuse,
329	neglect, or exploitation of a vulnerable adult; or
330	3.  Employing and continuing employment of personnel of the
331	department or agency.
332	Section 3.  Subsection (15) of section 39.502, Florida
333	Statutes, is amended to read:
334	39.502  Notice, process, and service.--
335	(15)  A party who is identified as a person with mental
336	illness or with a developmental disability must be informed by
337	the court of the availability of advocacy services through the
338	department, the Agency for Persons with Disabilities, the
339	Association for Retarded Citizens, or other appropriate mental
340	health or developmental disability advocacy groups and
341	encouraged to seek such services.
342	Section 4.  Subsection (1) of section 287.155, Florida
343	Statutes, is amended to read:
344	287.155  Motor vehicles; purchase by Division of
345	Universities, Department of Children and Family Services, Agency
346	for Persons with Disabilities, Department of Health, Department
347	of Juvenile Justice, and Department of Corrections.--
348	(1)  The Division of Universities of the Department of
349	Education, the Department of Children and Family Services, the
350	Agency for Persons with Disabilities, the Department of Health,
351	the Department of Juvenile Justice, and the Department of
352	Corrections are hereby authorized, subject to the approval of
353	the Department of Management Services, to purchase automobiles,
354	trucks, tractors, and other automotive equipment for the use of
355	institutions under the management of the Division of
356	Universities, the Department of Children and Family Services,
357	the Agency for Persons with Disabilities, the Department of
358	Health, and the Department of Corrections, and for the use of
359	residential facilities managed or contracted by the Department
360	of Juvenile Justice.
361	Section 5.  Subsection (5) of section 383.14, Florida
362	Statutes, is amended to read:
363	383.14  Screening for metabolic disorders, other hereditary
364	and congenital disorders, and environmental risk factors.--
365	(5)  ADVISORY COUNCIL.--There is established a Genetics and
366	Newborn Screening Advisory Council made up of 15 members
367	appointed by the Secretary of Health. The council shall be
368	composed of two consumer members, three practicing
369	pediatricians, at least one of whom must be a pediatric
370	hematologist, one representative from each of the four medical
371	schools in the state, the Secretary of Health or his or her
372	designee, one representative from the Department of Health
373	representing Children's Medical Services, one representative
374	from the Florida Hospital Association, one individual with
375	experience in newborn screening programs, one individual
376	representing audiologists, and one representative from the
377	Agency for Persons with Disabilities Developmental Disabilities
378	Program Office of the Department of Children and Family
379	Services. All appointments shall be for a term of 4 years. The
380	chairperson of the council shall be elected from the membership
381	of the council and shall serve for a period of 2 years. The
382	council shall meet at least semiannually or upon the call of the
383	chairperson. The council may establish ad hoc or temporary
384	technical advisory groups to assist the council with specific
385	topics which come before the council. Council members shall
386	serve without pay. Pursuant to the provisions of s. 112.061, the
387	council members are entitled to be reimbursed for per diem and
388	travel expenses. It is the purpose of the council to advise the
389	department about:
390	(a)  Conditions for which testing should be included under
391	the screening program and the genetics program.
392	(b)  Procedures for collection and transmission of
393	specimens and recording of results.
394	(c)  Methods whereby screening programs and genetics
395	services for children now provided or proposed to be offered in
396	the state may be more effectively evaluated, coordinated, and
397	consolidated.
398	Section 6.  Section 393.061, Florida Statutes, is repealed.
399	Section 7.  Section 393.062, Florida Statutes, is amended
400	to read:
401	393.062  Legislative findings and declaration of
402	intent.--The Legislature finds and declares that existing state
403	programs for the treatment of individuals with developmental
404	disabilities who are developmentally disabled, which often
405	unnecessarily place clients in institutions, are unreasonably
406	costly, are ineffective in bringing the individual client to his
407	or her maximum potential, and are in fact debilitating to many a
408	great majority of clients. A redirection in state treatment
409	programs for individuals with developmental disabilities who are
410	developmentally disabled is necessary if any significant
411	amelioration of the problems faced by such individuals is ever
412	to take place. Such redirection should place primary emphasis on
413	programs that have the potential to prevent or reduce the
414	severity of developmental disabilities. Further, the Legislature
415	declares that greatest priority shall be given to the
416	development and implementation of community-based residential
417	placements, services, and treatment programs for individuals who
418	are developmentally disabled which will enable such individuals
419	with a developmental disability to achieve their greatest
420	potential for independent and productive living, which will
421	enable them to live in their own homes or in residences located
422	in their own communities, and which will permit them to be
423	diverted or removed from unnecessary institutional placements.
424	This goal The Legislature finds that the eligibility criteria
425	for intermediate-care facilities for the developmentally
426	disabled which are specified in the Medicaid state plan in
427	effect on the effective date of this act are essential to the
428	system of residential services. The Legislature declares that
429	the goal of this act, to improve the quality of life of all
430	developmentally disabled persons with developmental disabilities
431	by the development and implementation of community-based
432	residential placements, services, and treatment, cannot be met
433	without ensuring the availability of community residential
434	opportunities for developmentally disabled persons with
435	developmental disabilities in the residential areas of this
436	state. The Legislature, therefore, declares that all persons
437	with developmental disabilities who live in licensed community
438	homes shall have a family living environment comparable to other
439	Floridians. The Legislature intends that such residences shall
440	be considered and treated as a functional equivalent of a family
441	unit and not as an institution, business, or boarding home. The
442	Legislature declares that, in developing community-based
443	programs and services for individuals with developmental
444	disabilities who are developmentally disabled, private
445	businesses, not-for-profit corporations, units of local
446	government, and other organizations capable of providing needed
447	services to clients in a cost-efficient manner shall be given
448	preference in lieu of operation of programs directly by state
449	agencies. Finally, it is the intent of the Legislature that all
450	caretakers unrelated to individuals with developmental
451	disabilities receiving care shall be of good moral character.
452	Section 8.  Section 393.063, Florida Statutes, is amended
453	to read:
454	393.063  Definitions.--For the purposes of this chapter,
455	the term:
456	(1)  "Agency" means the Agency for Persons with
457	Disabilities established in s. 20.197.
458	(2)  "Autism" means a disorder, as defined in the current
459	edition of the Diagnostic and Statistical Manual of the American
460	Psychiatric Association, that causes pervasive impairment in
461	social interaction, communication, and range of interests and
462	activities. While these characteristics occur on a spectrum, the
463	term "autism" refers only to the most severe disorder on this
464	spectrum as defined in the Diagnostic and Statistical Manual of
465	the American Psychiatric Association. a pervasive,
466	neurologically based developmental disability of extended
467	duration which causes severe learning, communication, and
468	behavior disorders with age of onset during infancy or
469	childhood. Individuals with autism exhibit impairment in
470	reciprocal social interaction, impairment in verbal and
471	nonverbal communication and imaginative ability, and a markedly
472	restricted repertoire of activities and interests.
473	(3)  "Cerebral palsy" means a group of disabling symptoms
474	of extended duration which results from damage to the developing
475	brain that may occur before, during, or after birth and that
476	results in the loss or impairment of control over voluntary
477	muscles. For the purposes of this definition, cerebral palsy
478	does not include those symptoms or impairments resulting solely
479	from a stroke.
480	(4)  "Client" means any person determined eligible by the
481	agency for services under this chapter.
482	(5)  "Client advocate" means a friend or relative of the
483	client, or of the client's immediate family, who advocates for
484	the best interests of the client in any proceedings under this
485	chapter in which the client or his or her family has the right
486	or duty to participate.
487	(6)  "Comprehensive assessment" means the process used to
488	determine eligibility for services under this chapter.
489	(7)  "Comprehensive transitional education program" means
490	the program established in s. 393.18. a group of jointly
491	operating centers or units, the collective purpose of which is
492	to provide a sequential series of educational care, training,
493	treatment, habilitation, and rehabilitation services to persons
494	who have developmental disabilities and who have severe or
495	moderate maladaptive behaviors. However, nothing in this
496	subsection shall require such programs to provide services only
497	to persons with developmental disabilities. All such services
498	shall be temporary in nature and delivered in a structured
499	residential setting with the primary goal of incorporating the
500	normalization principle to establish permanent residence for
501	persons with maladaptive behaviors in facilities not associated
502	with the comprehensive transitional education program. The staff
503	shall include psychologists and teachers who shall be available
504	to provide services in each component center or unit of the
505	program. The psychologists shall be individuals who are licensed
506	in this state and certified as behavior analysts in this state,
507	or individuals who are certified as behavior analysts pursuant
508	to s. 393.17.
509	(a)  Comprehensive transitional education programs shall
510	include a minimum of two component centers or units, one of
511	which shall be either an intensive treatment and educational
512	center or a transitional training and educational center, which
513	provide services to persons with maladaptive behaviors in the
514	following sequential order:
515	1.  Intensive treatment and educational center. This
516	component is a self-contained residential unit providing
517	intensive psychological and educational programming for persons
518	with severe maladaptive behaviors, whose behaviors preclude
519	placement in a less restrictive environment due to the threat of
520	danger or injury to themselves or others.
521	2.  Transitional training and educational center. This
522	component is a residential unit for persons with moderate
523	maladaptive behaviors, providing concentrated psychological and
524	educational programming emphasizing a transition toward a less
525	restrictive environment.
526	3.  Community transition residence. This component is a
527	residential center providing educational programs and such
528	support services, training, and care as are needed to assist
529	persons with maladaptive behaviors to avoid regression to more
530	restrictive environments while preparing them for more
531	independent living. Continuous-shift staff shall be required for
532	this component.
533	4.  Alternative living center. This component is a
534	residential unit providing an educational and family living
535	environment for persons with maladaptive behaviors, in a
536	moderately unrestricted setting. Residential staff shall be
537	required for this component.
538	5.  Independent living education center. This component is
539	a facility providing a family living environment for persons
540	with maladaptive behaviors, in a largely unrestricted setting
541	which includes education and monitoring appropriate to support
542	the development of independent living skills.
543	(b)  Centers or units that are components of a
544	comprehensive transitional education program are subject to the
545	license issued to the comprehensive transitional education
546	program and may be located on either single or multiple sites.
547	(c)  Comprehensive transitional education programs shall
548	develop individual education plans for each person with
549	maladaptive behaviors who receives services therein. Such
550	individual education plans shall be developed in accordance with
551	the criteria specified in 20 U.S.C. ss. 401 et seq., and 34
552	C.F.R. part 300.
553	(d)  In no instance shall the total number of persons with
554	maladaptive behaviors being provided services in a comprehensive
555	transitional education program exceed 120.
556	(e)  This subsection shall authorize licensure for
557	comprehensive transitional education programs which by July 1,
558	1989:
559	1.  Are in actual operation; or
560	2.  Own a fee simple interest in real property for which a
561	county or city government has approved zoning allowing for the
562	placement of the facilities described in this subsection, and
563	have registered an intent with the department to operate a
564	comprehensive transitional education program. However, nothing
565	shall prohibit the assignment by such a registrant to another
566	entity at a different site within the state, so long as there is
567	compliance with all criteria of the comprehensive transitional
568	education program and local zoning requirements and provided
569	that each residential facility within the component centers or
570	units of the program authorized under this subparagraph shall
571	not exceed a capacity of 15 persons.
572	(8)  "Day habilitation facility" means any nonresidential
573	facility which provides day habilitation services.
574	(9)  "Day habilitation service" means assistance with the
575	acquisition, retention, or improvement in self-help,
576	socialization, and adaptive skills which takes place in a
577	nonresidential setting, separate from the home or facility in
578	which the individual resides. Day habilitation services shall
579	focus on enabling the individual to attain or maintain his or
580	her maximum functional level and shall be coordinated with any
581	physical, occupational, or speech therapies listed in the plan
582	of care.
583	(8)(10)  "Developmental disability" means a disorder or
584	syndrome that is attributable to mental retardation, cerebral
585	palsy, autism, spina bifida, or Prader-Willi syndrome and that
586	constitutes a substantial handicap that can reasonably be
587	expected to continue indefinitely.
588	(9)(11)  "Developmental disabilities institution" means a
589	state-owned and state-operated facility, formerly known as a
590	"Sunland Center," providing for the care, habilitation, and
591	rehabilitation of clients with developmental disabilities.
592	(10)(12)  "Direct care service provider," also known as
593	"caregiver" in chapters 39 and 415 or "caretaker" in provisions
594	relating to employment security checks, means a person 18 years
595	of age or older who has direct contact with individuals with
596	developmental disabilities, or has access to a client's living
597	areas or to a client's funds or personal property, and is not a
598	relative of such individuals.
599	(13)  "Domicile" means the place where a client legally
600	resides, which place is his or her permanent home. Domicile may
601	be established as provided in s. 222.17. Domicile may not be
602	established in Florida by a minor who has no parent domiciled in
603	Florida, or by a minor who has no legal guardian domiciled in
604	Florida, or by any alien not classified as a resident alien.
605	(14)  "Enclave" means a work station in public or private
606	business or industry where a small group of persons with
607	developmental disabilities is employed and receives training and
608	support services or follow-along services among nonhandicapped
609	workers.
610	(15)  "Epilepsy" means a chronic brain disorder of various
611	causes which is characterized by recurrent seizures due to
612	excessive discharge of cerebral neurons. When found concurrently
613	with retardation, autism, or cerebral palsy, epilepsy is
614	considered a secondary disability for which the client is
615	eligible to receive services to ameliorate this condition
616	pursuant to this chapter.
617	(11)(16)  "Express and informed consent" means consent
618	voluntarily given in writing with sufficient knowledge and
619	comprehension of the subject matter involved to enable the
620	person giving consent to make an understanding and enlightened
621	decision without any element of force, fraud, deceit, duress, or
622	other form of constraint or coercion.
623	(12)(17)  "Family care program" means the program
624	established in s. 393.068.
625	(18)  "Follow-along services" means those support services
626	provided to persons with developmental disabilities in all
627	supported employment programs and may include, but are not
628	limited to, family support, assistance in meeting transportation
629	and medical needs, employer intervention, performance
630	evaluation, advocacy, replacement, retraining or promotional
631	assistance, or other similar support services.
632	(13)(19)  "Foster care facility" means a residential
633	facility licensed under this chapter which provides a family
634	living environment including supervision and care necessary to
635	meet the physical, emotional, and social needs of its residents.
636	The capacity of such a facility shall not be more than three
637	residents.
638	(14)(20)  "Group home facility" means a residential
639	facility which provides a family living environment including
640	supervision and care necessary to meet the physical, emotional,
641	and social needs of its residents. The capacity of such a
642	facility shall be at least 4 but not more than 15 residents. For
643	the purposes of this chapter, group home facilities shall not be
644	considered commercial enterprises.
645	(15)(21)  "Guardian advocate" means a person appointed by a
646	written order of the court to represent a person with
647	developmental disabilities under s. 393.12.
648	(16)(22)  "Habilitation" means the process by which a
649	client is assisted to acquire and maintain those life skills
650	which enable the client to cope more effectively with the
651	demands of his or her condition and environment and to raise the
652	level of his or her physical, mental, and social efficiency. It
653	includes, but is not limited to, programs of formal structured
654	education and treatment.
655	(17)(23)  "High-risk child" means, for the purposes of this
656	chapter, a child from 3 birth to 5 years of age with one or more
657	of the following characteristics:
658	(a)  A developmental delay in cognition, language, or
659	physical development.
660	(b)  A child surviving a catastrophic infectious or
661	traumatic illness known to be associated with developmental
662	delay, when funds are specifically appropriated.
663	(c)  A child with a parent or guardian with developmental
664	disabilities who requires assistance in meeting the child's
665	developmental needs.
666	(d)  A child who has a physical or genetic anomaly
667	associated with developmental disability.
668	(18)(24)  "Intermediate care facility for persons with
669	developmental disabilities the developmentally disabled" or
670	"ICF/DD" means the same as the term is defined under a
671	residential facility licensed and certified pursuant to part XI
672	of chapter 400.
673	(25)  "Job coach" means a person who provides employment-
674	related training at a worksite to individuals with developmental
675	disabilities.
676	(19)(26)  "Medical/dental services" means medically
677	necessary those services which are provided or ordered for a
678	client by a person licensed under pursuant to the provisions of
679	chapter 458, chapter 459, or chapter 466. Such services may
680	include, but are not limited to, prescription drugs, specialized
681	therapies, nursing supervision, hospitalization, dietary
682	services, prosthetic devices, surgery, specialized equipment and
683	supplies, adaptive equipment, and other services as required to
684	prevent or alleviate a medical or dental condition.
685	(20)  "Mental retardation" means significantly subaverage
686	general intellectual functioning existing concurrently with
687	deficits in adaptive behavior and manifested during the period
688	from conception to 18 years of age. "Significantly subaverage
689	general intellectual functioning," for the purpose of this
690	subsection, means performance which is two or more standard
691	deviations from the mean score on a standardized intelligence
692	test specified in the rules of the agency. "Adaptive behavior,"
693	for the purpose of this subsection, means the effectiveness or
694	degree to which an individual meets the standards of personal
695	independence and social responsibility expected of his or her
696	age, cultural group, and community.
697	(27)  "Mobile work crew" means a group of workers employed
698	by an agency that provides services outside the agency, usually
699	under service contracts.
700	(28)  "Normalization principle" means the principle of
701	letting the client obtain an existence as close to the normal as
702	possible, making available to the client patterns and conditions
703	of everyday life which are as close as possible to the norm and
704	patterns of the mainstream of society.
705	(21)(29)  "Personal services" include, but are not limited
706	to, such services as: individual assistance with or supervision
707	of essential activities of daily living for self-care, including
708	ambulation, bathing, dressing, eating, grooming, and toileting,
709	and other similar services that the agency may define by rule.
710	"Personal services" shall not be construed to mean the provision
711	of medical, nursing, dental, or mental health services by the
712	staff of a facility, except as provided in this chapter. In
713	addition, an emergency response device installed in the
714	apartment or living area of a resident shall not be classified
715	as a personal service.
716	(22)(30)  "Prader-Willi syndrome" means an inherited
717	condition typified by neonatal hypotonia with failure to thrive,
718	hyperphagia or an excessive drive to eat which leads to obesity
719	usually at 18 to 36 months of age, mild to moderate retardation,
720	hypogonadism, short stature, mild facial dysmorphism, and a
721	characteristic neurobehavior.
722	(23)  "Self-determination" means an individual's freedom to
723	exercise the same rights as all other citizens and to have the
724	authority to exercise control over the funds needed for his or
725	her own support, including the opportunity to reprioritize these
726	funds when necessary, the responsibility for the wise use of
727	public funds, and the right to speak and advocate for himself or
728	herself in order to gain independence and ensure that an
729	individual with a developmental disability is treated equally.
730	(24)(31)  "Reassessment" means a process which periodically
731	develops, through annual review and revision of a client's
732	family or individual support plan, a knowledgeable statement of
733	current needs and past development for each client.
734	(25)(32)  "Relative" means an individual who is connected
735	by affinity or consanguinity to the client and who is 18 years
736	of age or more.
737	(26)(33)  "Resident" means any person with developmental
738	disabilities who is developmentally disabled residing at a
739	residential facility in the state, whether or not such person is
740	a client of the agency.
741	(27)(34)  "Residential facility" means a facility providing
742	room and board and personal care for persons with developmental
743	disabilities.
744	(28)(35)  "Residential habilitation" means supervision and
745	training that assists assistance provided with the acquisition,
746	retention, or improvement in skills related to the activities of
747	daily living, such as personal hygiene skills, homemaking skills
748	grooming and cleanliness, bedmaking and household chores, eating
749	and the preparation of food, and the social and adaptive skills
750	necessary to enable the individual to reside in the community a
751	noninstitutional setting.
752	(29)(36)  "Residential habilitation center" means a
753	community residential facility that provides residential
754	habilitation. The capacity of such a facility shall not be fewer
755	than nine residents. After October 1, 1989, no new residential
756	habilitation centers shall be licensed and the licensed capacity
757	shall not be increased for any existing residential habilitation
758	center.
759	(30)(37)  "Respite service" means appropriate, short-term,
760	temporary care that is provided to a person with developmental
761	disabilities to meet the planned or emergency needs of the
762	person or the family or other direct care service provider.
763	(38)  "Retardation" means significantly subaverage general
764	intellectual functioning existing concurrently with deficits in
765	adaptive behavior and manifested during the period from
766	conception to age 18. "Significantly subaverage general
767	intellectual functioning," for the purpose of this definition,
768	means performance which is two or more standard deviations from
769	the mean score on a standardized intelligence test specified in
770	the rules of the agency. "Adaptive behavior," for the purpose of
771	this definition, means the effectiveness or degree with which an
772	individual meets the standards of personal independence and
773	social responsibility expected of his or her age, cultural
774	group, and community.
775	(39)  "Severe self-injurious behavior" means any chronic
776	behavior that results in injury to the person's own body, which
777	includes, but is not limited to, self-hitting, head banging,
778	self-biting, scratching, and the ingestion of harmful or
779	potentially harmful nutritive or nonnutritive substances.
780	(31)(40)  "Specialized therapies" means those treatments or
781	activities prescribed by and provided by an appropriately
782	trained, licensed, or certified professional or staff person and
783	may include, but are not limited to, physical therapy, speech
784	therapy, respiratory therapy, occupational therapy, behavior
785	therapy, physical management services, and related specialized
786	equipment and supplies.
787	(32)(41)  "Spina bifida" means, for purposes of this
788	chapter, a person with a medical diagnosis of spina bifida
789	cystica or myelomeningocele.
790	(33)(42)  "Support coordinator" means a person who is
791	designated by the agency to assist individuals and families in
792	identifying their capacities, needs, and resources, as well as
793	finding and gaining access to necessary supports and services;
794	coordinating the delivery of supports and services; advocating
795	on behalf of the individual and family; maintaining relevant
796	records; and monitoring and evaluating the delivery of supports
797	and services to determine the extent to which they meet the
798	needs and expectations identified by the individual, family, and
799	others who participated in the development of the support plan.
800	(34)(43)  "Supported employee" means a person who requires
801	and receives supported employment services in order to maintain
802	community-based employment.
803	(35)(44)  "Supported employment" means employment located
804	or provided in a normal employment setting which provides at
805	least 20 hours employment per week in an integrated work
806	setting, with earnings paid on a commensurate wage basis, and
807	for which continued support is needed for job maintenance.
808	(36)(45)  "Supported living" means a category of
809	individually determined services designed and coordinated in
810	such a manner as to provide assistance to adult clients who
811	require ongoing supports to live as independently as possible in
812	their own homes, to be integrated into the community, and to
813	participate in community life to the fullest extent possible.
814	(37)(46)  "Training" means a planned approach to assisting
815	a client to attain or maintain his or her maximum potential and
816	includes services ranging from sensory stimulation to
817	instruction in skills for independent living and employment.
818	(38)(47)  "Treatment" means the prevention, amelioration,
819	or cure of a client's physical and mental disabilities or
820	illnesses.
821	Section 9.  Subsections (1), (2), and (4) of section
822	393.064, Florida Statutes, are amended to read:
823	393.064  Prevention.--
824	(1)  The agency shall give priority to the development,
825	planning, and implementation of programs which have the
826	potential to prevent, correct, cure, or reduce the severity of
827	developmental disabilities. The agency shall direct an
828	interagency and interprogram effort for the continued
829	development of a prevention plan and program. The agency shall
830	identify, through demonstration projects, through program
831	evaluation, and through monitoring of programs and projects
832	conducted outside of the agency, any medical, social, economic,
833	or educational methods, techniques, or procedures that have the
834	potential to effectively ameliorate, correct, or cure
835	developmental disabilities. The agency program shall determine
836	the costs and benefits that would be associated with such
837	prevention efforts and shall implement, or recommend the
838	implementation of, those methods, techniques, or procedures
839	which are found likely to be cost-beneficial.
840	(2)  Prevention services provided by the agency shall
841	developmental services program include services to high-risk and
842	developmentally disabled children from 3 birth to 5 years of age
843	with developmental disabilities, and their families, to meet the
844	intent of chapter 411. Except for services for children from
845	birth to 3 years of age which Such services shall include
846	individual evaluations or assessments necessary to diagnose a
847	developmental disability or high-risk condition and to determine
848	appropriate individual family and support services, unless
849	evaluations or assessments are the responsibility of the
850	Division of Children's Medical Services within the Department of
851	Health Prevention and Intervention for children ages birth to 3
852	years eligible for services under this chapter or part H of the
853	Individuals with Disabilities Education Act, such services and
854	may include:
855	(a)  Individual evaluations or assessments necessary to
856	diagnose a developmental disability or high-risk condition and
857	to determine appropriate individual family and support services.
858	(b)(a)  Early intervention services, including
859	developmental training and specialized therapies. Early
860	intervention services, which are the responsibility of the
861	Division of Children's Medical Services Prevention and
862	Intervention for children ages birth to 3 years who are eligible
863	for services under this chapter or under part H of the
864	Individuals with Disabilities Education Act, shall not be
865	provided through the developmental services program unless
866	funding is specifically appropriated to the developmental
867	services program for this purpose.
868	(c)(b)  Support services, such as respite care, parent
869	education and training, parent-to-parent counseling, homemaker
870	services, and other services which allow families to maintain
871	and provide quality care to children in their homes. The
872	Division of Children's Medical Services Prevention and
873	Intervention is responsible for the provision of services to
874	children from birth to 3 years who are eligible for services
875	under this chapter.
876	(4)  There is created at the developmental disabilities
877	services institution in Gainesville a research and education
878	unit. Such unit shall be named the Raymond C. Philips Research
879	and Education Unit. The functions of such unit shall include:
880	(a)  Research into the etiology of developmental
881	disabilities.
882	(b)  Ensuring that new knowledge is rapidly disseminated
883	throughout the developmental services program of the agency.
884	(c)  Diagnosis of unusual conditions and syndromes
885	associated with developmental disabilities in clients identified
886	throughout the developmental disabilities services programs.
887	(d)  Evaluation of families of clients with developmental
888	disabilities of genetic origin in order to provide them with
889	genetic counseling aimed at preventing the recurrence of the
890	disorder in other family members.
891	(e)  Ensuring that health professionals in the
892	developmental disabilities services institution at Gainesville
893	have access to information systems that will allow them to
894	remain updated on newer knowledge and maintain their
895	postgraduate education standards.
896	(f)  Enhancing staff training for professionals throughout
897	the agency in the areas of genetics and developmental
898	disabilities.
899	Section 10.  Section 393.0641, Florida Statutes, is amended
900	to read:
901	393.0641  Program for the prevention and treatment of
902	severe self-injurious behavior.--
903	(1)  Contingent upon specific appropriations, there is
904	created a diagnostic, treatment, training, and research program
905	for clients exhibiting severe self-injurious behavior. For the
906	purposes of this section "severe self-injurious behavior" means
907	any chronic behavior that results in injury to the person's own
908	body, which includes, but is not limited to, self-hitting, head
909	banging, self-biting, scratching, and the ingestion of harmful
910	or potentially harmful nutritive or nonnutritive substances.
911	(2)  The This program shall:
912	(a)  Serve as a resource center for information, training,
913	and program development.
914	(b)  Research the diagnosis and treatment of severe self-
915	injurious behavior, and related disorders, and develop methods
916	of prevention and treatment of self-injurious behavior.
917	(c)  Identify individuals in critical need.
918	(d)  Develop treatment programs which are meaningful to
919	individuals with developmental disabilities, in critical need,
920	while safeguarding and respecting the legal and human rights of
921	the individuals.
922	(e)  Disseminate research findings on the prevention and
923	treatment of severe self-injurious behavior.
924	(f)  Collect data on the type, severity, incidence, and
925	demographics of individuals with severe self-injurious behavior,
926	and disseminate the data.
927	(3)(2)  The This program shall adhere to the provisions of
928	s. 393.13.
929	(4)(3)  The agency may contract for the provision of any
930	portion or all of the services required by the program.
931	(5)(4)  The agency has the authority to license this
932	program and shall adopt rules to implement the program.
933	Section 11.  Subsection (1) of section 393.065, Florida
934	Statutes, is amended to read:
935	393.065  Application and eligibility determination.--
936	(1)  Application for services shall be made in writing to
937	the agency, in the service area district in which the applicant
938	resides. Employees of the agency agency's developmental services
939	program shall review each applicant for eligibility within 45
940	days after the date the application is signed for children under
941	6 years of age and within 60 days after the date the application
942	is signed for all other applicants. When necessary to
943	definitively identify individual conditions or needs, the agency
944	shall provide a comprehensive assessment. Only individuals whose
945	domicile is in Florida are eligible for services. Information
946	accumulated by other agencies, including professional reports
947	and collateral data, shall be considered in this process when
948	available.
949	Section 12.  Section 393.0651, Florida Statutes, is amended
950	to read:
951	393.0651  Family or individual support plan.--The agency
952	shall provide directly or contract for the development of a an
953	appropriate family support plan for children ages birth to 18
954	years of age and an individual support plan for each client. The
955	parent or guardian of the client or, if competent, or the parent
956	or guardian of the client, or, when appropriate, the client
957	advocate, shall be consulted in the development of the plan and
958	shall receive a copy of the plan. Each plan shall include the
959	most appropriate, least restrictive, and most cost-beneficial
960	environment for accomplishment of the objectives for client
961	progress and a specification of all services authorized. The
962	plan shall include provisions for the most appropriate level of
963	care for the client. Within the specification of needs and
964	services for each client, if when residential care is necessary,
965	the agency shall move toward placement of clients in residential
966	facilities based within the client's community. The ultimate
967	goal of each plan, whenever possible, shall be to enable the
968	client to live a dignified life in the least restrictive
969	setting, be that in the home or in the community. For children
970	under 6 years of age, the family support plan shall be developed
971	within the 45-day application period as specified in s.
972	393.065(1); for all applicants 6 years of age or older, the
973	family or individual support plan shall be developed within the
974	60-day period as specified in that subsection.
975	(1)  The agency shall develop and specify by rule the core
976	components of support plans to be used by each district.
977	(2)(a)  The family or individual support plan shall be
978	integrated with the individual education plan (IEP) for all
979	clients who are public school students entitled to a free
980	appropriate public education under the Individuals with
981	Disabilities Education Act, I.D.E.A., as amended. The family or
982	individual support plan and IEP shall be implemented to maximize
983	the attainment of educational and habilitation goals.
984	(a)  If the IEP for a student enrolled in a public school
985	program indicates placement in a public or private residential
986	program is necessary to provide special education and related
987	services to a client, the local education agency shall provide
988	for the costs of that service in accordance with the
989	requirements of the Individuals with Disabilities Education Act,
990	I.D.E.A., as amended. This shall not preclude local education
991	agencies and the agency from sharing the residential service
992	costs of students who are clients and require residential
993	placement. Under no circumstances shall clients entitled to a
994	public education or their parents be assessed a fee by the
995	agency under s. 402.33 for placement in a residential program.
996	(b)  For clients who are entering or exiting the school
997	system, an interdepartmental staffing team composed of
998	representatives of the agency and the local school system shall
999	develop a written transitional living and training plan with the
1000	participation of the client or with the parent or guardian of
1001	the client, or the client advocate, as appropriate.
1002	(3)  Each family or individual support plan shall be
1003	facilitated through case management designed solely to advance
1004	the individual needs of the client.
1005	(4)  In the development of the family or individual support
1006	plan, a client advocate may be appointed by the support planning
1007	team for a client who is a minor or for a client who is not
1008	capable of express and informed consent when:
1009	(a)  The parent or guardian cannot be identified;
1010	(b)  The whereabouts of the parent or guardian cannot be
1011	discovered; or
1012	(c)  The state is the only legal representative of the
1013	client.
1014
1015	Such appointment shall not be construed to extend the powers of
1016	the client advocate to include any of those powers delegated by
1017	law to a legal guardian.
1018	(5)  The agency shall place a client in the most
1019	appropriate and least restrictive, and cost-beneficial,
1020	residential facility according to his or her individual
1021	habilitation plan. The parent or guardian of The client or, if
1022	competent, or the parent or guardian of the client, or, when
1023	appropriate, the client advocate, and the administrator of the
1024	residential facility to which placement is proposed shall be
1025	consulted in determining the appropriate placement for the
1026	client. Considerations for placement shall be made in the
1027	following order:
1028	(a)  Client's own home or the home of a family member or
1029	direct care service provider.
1030	(b)  Foster care facility.
1031	(c)  Group home facility.
1032	(d)  Intermediate care facility for the developmentally
1033	disabled.
1034	(e)  Other facilities licensed by the agency which offer
1035	special programs for people with developmental disabilities.
1036	(f)  Developmental disabilities services institution.
1037	(6)  In developing a client's annual family or individual
1038	support plan, the individual or family with the assistance of
1039	the support planning team shall identify measurable objectives
1040	for client progress and shall specify a time period expected for
1041	achievement of each objective.
1042	(7)  The individual, family, and support coordinator shall
1043	review progress in achieving the objectives specified in Each
1044	client's family or individual support plan shall be reviewed and
1045	revised, and shall revise the plan annually, following
1046	consultation with the client, if competent, or with the parent
1047	or guardian of the client, or, when appropriate, the client
1048	advocate. The agency shall annually report in writing to the
1049	client, if competent, or to the parent or guardian of the
1050	client, or to the client advocate, when appropriate, with
1051	respect to the client's habilitative and medical progress.
1052	(8)  Any client, or any parent of a minor client, or
1053	guardian, authorized guardian advocate, or client advocate for a
1054	client, who is substantially affected by the client's initial
1055	family or individual support plan, or the annual review thereof,
1056	shall have the right to file a notice to challenge the decision
1057	pursuant to ss. 120.569 and 120.57. Notice of such right to
1058	appeal shall be included in all support plans provided by the
1059	agency.
1060	Section 13.  Section 393.0654, Florida Statutes, is created
1061	to read:
1062	393.0654  Direct care providers; private sector
1063	services.--It is not a violation of s. 112.313(7) for a direct
1064	care provider who is employed by the agency to own, operate, or
1065	work in a private facility that is a service provider under
1066	contract with the agency if:
1067	(1)  The direct care provider does not have any role in the
1068	placement recommendations of the agency or the decisionmaking
1069	process of the client regarding placement.
1070	(2)  The employment of the direct care provider with the
1071	agency does not compromise the ability of the client to make a
1072	voluntary choice among private providers for services.
1073	(3)  The outside employment of a direct care provider does
1074	not create a conflict with the public duties of the direct care
1075	provider and does not impede the full and faithful discharge of
1076	his or her duties as assigned by the agency.
1077	(4)  The private provider discloses the dual employment or
1078	ownership status to the agency and all clients within the care
1079	of the private provider. The disclosure shall be given to the
1080	agency, the client, and the guardian or guardian advocate of the
1081	client, if appropriate.
1082	Section 14.  Subsections (1) and (4) of section 393.0655,
1083	Florida Statutes, are amended to read:
1084	393.0655  Screening of direct care service providers.--
1085	(1)  MINIMUM STANDARDS.--The agency shall require level 2
1086	employment screening pursuant to chapter 435 for direct care
1087	service providers who are unrelated to their clients, including
1088	support coordinators, and managers and supervisors of
1089	residential facilities or comprehensive transitional education
1090	programs licensed under this chapter s. 393.067 and any other
1091	person, including volunteers, who provide care or services, who
1092	have access to a client's living areas, or who have access to a
1093	client's funds or personal property. Background screening shall
1094	include employment history checks as provided in s. 435.03(1)
1095	and local criminal records checks through local law enforcement
1096	agencies.
1097	(a)  A volunteer who assists on an intermittent basis for
1098	less than 40 hours per month does not have to be screened if the
1099	volunteer is under the direct and constant supervision of
1100	persons who meet the screening requirements of this section.
1101	(b)  Licensed physicians, nurses, or other professionals
1102	licensed and regulated by the Department of Health are not
1103	subject to background screening pursuant to this section if they
1104	are providing a service that is within their scope of licensed
1105	practice.
1106	(c)  A person selected by the family or the individual with
1107	developmental disabilities and paid by the family or the
1108	individual to provide supports or services is not required to
1109	have a background screening under this section.
1110	(d)  Persons residing with the direct care services
1111	provider, including family members, are subject to background
1112	screening; however, such persons who are 12 to 18 years of age
1113	shall be screened for delinquency records only.
1114	(4)  NONCOMPLIANCE WITH STANDARDS; REMEDIES; DENIAL OR
1115	TERMINATION OF EMPLOYMENT EXCLUSION FROM OWNING, OPERATING, OR
1116	BEING EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL
1117	FACILITY; HEARINGS PROVIDED.--
1118	(a)  The agency shall deny, suspend, terminate, or revoke a
1119	license or, certification, rate agreement, purchase order, or
1120	contract, or pursue other remedies provided in s. 393.0673, s.
1121	393.0675, or s. 393.0678 in addition to or in lieu of denial,
1122	suspension, termination, or revocation for failure to comply
1123	with this section.
1124	(b)  When the agency has reasonable cause to believe that
1125	grounds for denial or termination of employment exist, it shall
1126	notify, in writing, the employer and the person direct service
1127	provider affected, stating the specific record which indicates
1128	noncompliance with the standards in this section.
1129	(c)  The procedures established for hearing under chapter
1130	120 shall be available to the employer and the person affected
1131	direct service provider in order to present evidence relating
1132	either to the accuracy of the basis of exclusion or to the
1133	denial of an exemption from disqualification.
1134	(d)  Refusal on the part of an employer to dismiss a
1135	manager, supervisor, or direct care service provider who has
1136	been found to be in noncompliance with standards of this section
1137	shall result in automatic denial, termination, or revocation of
1138	the license or, certification, rate agreement, purchase order,
1139	or contract, in addition to any other remedies pursued by the
1140	agency.
1141	Section 15.  Section 393.0657, Florida Statutes, is amended
1142	to read:
1143	393.0657  Persons not required to be refingerprinted or
1144	rescreened.--Persons who have undergone any portion of the
1145	background screening required under s. 393.0655 within the last
1146	12 months shall not be required to repeat such screening in
1147	order to comply with that portion of the screening requirements.
1148	The persons shall be responsible for providing documentation of
1149	the screening. The person shall be required to undergo screening
1150	for any remaining background screening requirements that have
1151	never been conducted or have not been completed within the last
1152	12 months. Any provision of law to the contrary notwithstanding,
1153	human resource personnel who have been fingerprinted or screened
1154	pursuant to chapters 393, 394, 397, 402, and 409, and teachers
1155	who have been fingerprinted pursuant to chapter 1012, who have
1156	not been unemployed for more than 90 days thereafter, and who
1157	under the penalty of perjury attest to the completion of such
1158	fingerprinting or screening and to compliance with the
1159	provisions of this section and the standards for good moral
1160	character as contained in such provisions as ss. 110.1127(3),
1161	393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
1162	shall not be required to be refingerprinted or rescreened in
1163	order to comply with any direct service provider screening or
1164	fingerprinting requirements.
1165	Section 16.  Subsections (1), (2), (3), (5), and (8) of
1166	section 393.066, Florida Statutes, are amended to read:
1167	393.066  Community services and treatment for persons who
1168	are developmentally disabled.--
1169	(1)  The agency shall plan, develop, organize, and
1170	implement its programs of services and treatment for persons
1171	with developmental disabilities who are developmentally disabled
1172	to allow clients to live as independently as possible in their
1173	own homes or communities and to achieve productive lives as
1174	close to normal as possible. All elements of community-based
1175	services shall be made available, and eligibility for these
1176	services shall be consistent across the state. In addition, all
1177	purchased services shall be approved by the agency.
1178	(2)  All services needed shall be purchased instead of
1179	provided directly by the agency, when such arrangement is more
1180	cost-efficient than having those services provided directly. All
1181	purchased services must be approved by the agency.
1182	(3)  Community-based services that are medically necessary
1183	to prevent institutionalization shall, to the extent of
1184	available resources, include:
1185	(a)  Day habilitation services, including developmental
1186	training services.
1187	(b)  Family care services.
1188	(c)  Guardian advocate referral services.
1189	(d)  Medical/dental services, except that medical services
1190	shall not be provided to clients with spina bifida except as
1191	specifically appropriated by the Legislature.
1192	(e)  Parent training.
1193	(f)  Recreation.
1194	(g)  Residential facility services.
1195	(h)  Respite services.
1196	(i)  Social services.
1197	(j)  Specialized therapies.
1198	(k)  Supported employment, including enclave, job coach,
1199	mobile work crew, and follow-along services.
1200	(l)  Supported living.
1201	(m)  Training, including behavioral analysis services
1202	programming.
1203	(n)  Transportation.
1204	(o)  Other habilitative and rehabilitative services as
1205	needed.
1206	(5)  In order to improve the potential for utilization of
1207	more cost-effective, community-based residential facilities, the
1208	agency shall promote the statewide development of day
1209	habilitation services for clients who live with a direct care
1210	service provider in a community-based residential facility and
1211	who do not require 24-hour-a-day care in a hospital or other
1212	health care institution, but who may, in the absence of day
1213	habilitation services, require admission to a developmental
1214	disabilities institution. Each day service facility shall
1215	provide a protective physical environment for clients, ensure
1216	that direct care service providers meet minimum screening
1217	standards as required in s. 393.0655, make available to all day
1218	habilitation service participants at least one meal on each day
1219	of operation, provide facilities to enable participants to
1220	obtain needed rest while attending the program, as appropriate,
1221	and provide social and educational activities designed to
1222	stimulate interest and provide socialization skills.
1223	(8)  The agency is authorized to may adopt rules pursuant
1224	to ss. 120.536(1) and 120.54 governing the availability and
1225	purchase of services that are to ensure compliance with federal
1226	laws or regulations that apply to services provided pursuant to
1227	this section.
1228	Section 17.  Section 393.067, Florida Statutes, is amended
1229	to read:
1230	393.067  Facility licensure of residential facilities and
1231	comprehensive transitional education programs.--
1232	(1)  The agency shall provide through its licensing
1233	authority and by rule license application procedures, a system
1234	of provider qualifications, facility and client care standards,
1235	staff training requirements criteria for meeting standards, and
1236	requirements for monitoring foster care facilities, group home
1237	for residential facilities, residential habilitation centers,
1238	and comprehensive transitional education programs serving agency
1239	clients. Receipt of a license under this chapter shall not
1240	create a property right in the recipient. A license issued under
1241	this chapter is a public trust and a privilege, and is not an
1242	entitlement. This privilege must guide the finder of fact or
1243	trier of law at any administrative proceeding or court action
1244	initiated by the agency.
1245	(2)  The agency shall conduct annual inspections and
1246	reviews of residential facilities and comprehensive transitional
1247	education programs licensed under this section annually.
1248	(3)  An application for a license under this section for a
1249	residential facility or a comprehensive transitional education
1250	program shall be made to the agency on a form furnished by it
1251	and shall be accompanied by the appropriate license fee.
1252	(4)  The application shall be under oath and shall contain
1253	the following:
1254	(a)  The name and address of the applicant, if an applicant
1255	is an individual; if the applicant is a firm, partnership, or
1256	association, the name and address of each member thereof; if the
1257	applicant is a corporation, its name and address and the name
1258	and address of each director and each officer thereof; and the
1259	name by which the facility or program is to be known.
1260	(b)  The location of the facility or program for which a
1261	license is sought.
1262	(c)  The name of the person or persons under whose
1263	management or supervision the facility or program will be
1264	conducted.
1265	(d)  The number and type of residents or clients for which
1266	maintenance, care, education, or treatment is to be provided by
1267	the facility or program.
1268	(e)  The number and location of the component centers or
1269	units which will compose the comprehensive transitional
1270	education program.
1271	(f)  A description of the types of services and treatment
1272	to be provided by the facility or program.
1273	(g)  Information relating to the number, experience, and
1274	training of the employees of the facility or program.
1275	(h)  Certification that the staff of the facility or
1276	program will receive training to detect and prevent sexual abuse
1277	of residents and clients.
1278	(i)  Such other information as the agency determines is
1279	necessary to carry out the provisions of this chapter.
1280	(5)  The applicant shall submit evidence which establishes
1281	the good moral character of the manager or supervisor of the
1282	facility or program and the direct service providers in the
1283	facility or program and its component centers or units. A
1284	license may be issued if all the screening materials have been
1285	timely submitted; however, a license may not be issued or
1286	renewed if any of the direct service providers have failed the
1287	screening required by s. 393.0655.
1288	(a)1.  A licensed residential facility or comprehensive
1289	transitional education program which applies for renewal of its
1290	license shall submit to the agency a list of direct service
1291	providers who have worked on a continuous basis at the applicant
1292	facility or program since submitting fingerprints to the agency
1293	or the Department of Children and Family Services, identifying
1294	those direct service providers for whom a written assurance of
1295	compliance was provided by the agency or department and
1296	identifying those direct service providers who have recently
1297	begun working at the facility or program and are awaiting the
1298	results of the required fingerprint check along with the date of
1299	the submission of those fingerprints for processing. The agency
1300	shall by rule determine the frequency of requests to the
1301	Department of Law Enforcement to run state criminal records
1302	checks for such direct service providers except for those direct
1303	service providers awaiting the results of initial fingerprint
1304	checks for employment at the applicant facility or program. The
1305	agency shall review the records of the direct service providers
1306	at the applicant facility or program with respect to the crimes
1307	specified in s. 393.0655 and shall notify the facility or
1308	program of its findings. When disposition information is missing
1309	on a criminal record, it is the responsibility of the person
1310	being screened, upon request of the agency, to obtain and supply
1311	within 30 days the missing disposition information to the
1312	agency. Failure to supply the missing information within 30 days
1313	or to show reasonable efforts to obtain such information shall
1314	result in automatic disqualification.
1315	2.  The applicant shall sign an affidavit under penalty of
1316	perjury stating that all new direct service providers have been
1317	fingerprinted and that the facility's or program's remaining
1318	direct service providers have worked at the applicant facility
1319	or program on a continuous basis since being initially screened
1320	at that facility or program or have a written assurance of
1321	compliance from the agency or department.
1322	(5)(b)  As a prerequisite for issuance of an the initial
1323	license or for renewal of an existing license, the applicant,
1324	manager, supervisor, and all direct care staff must submit to
1325	background screening as required under s. 393.0655. A license
1326	may not be issued or renewed if the applicant and any of the
1327	managers, supervisors, or direct care providers of the facility
1328	or program have failed the background screening required under
1329	s. 393.0655. The agency shall determine by rule the frequency of
1330	background screening. The applicant shall submit with each
1331	application for an initial license or for renewal of an existing
1332	license a signed affidavit under penalty of perjury stating that
1333	the applicant is in compliance with all background screening
1334	requirements. to a residential facility or comprehensive
1335	transitional education program:
1336	1.  The applicant shall submit to the agency a complete set
1337	of fingerprints, taken by an authorized law enforcement agency
1338	or an employee of the agency who is trained to take
1339	fingerprints, for the manager, supervisor, or direct service
1340	providers of the facility or program;
1341	2.  The agency shall submit the fingerprints to the
1342	Department of Law Enforcement for state processing and for
1343	federal processing by the Federal Bureau of Investigation; and
1344	3.  The agency shall review the record of the manager or
1345	supervisor with respect to the crimes specified in s.
1346	393.0655(1) and shall notify the applicant of its findings. When
1347	disposition information is missing on a criminal record, it is
1348	the responsibility of the manager or supervisor, upon request of
1349	the agency, to obtain and supply within 30 days the missing
1350	disposition information to the agency. Failure to supply the
1351	missing information within 30 days or to show reasonable efforts
1352	to obtain such information shall result in automatic
1353	disqualification.
1354	(c)  The agency or a residential facility or comprehensive
1355	transitional education program may not use the criminal records
1356	or juvenile records of a person obtained under this subsection
1357	for any purpose other than determining if that person meets the
1358	minimum standards for good moral character for a manager or
1359	supervisor of, or direct service provider in, such a facility or
1360	program. The criminal records or juvenile records obtained by
1361	the agency or a residential facility or comprehensive
1362	transitional education program for determining the moral
1363	character of a manager, supervisor, or direct service provider
1364	are exempt from s. 119.07(1).
1365	(6)  Each applicant for licensure as an intermediate care
1366	facility for the developmentally disabled must comply with the
1367	following requirements:
1368	(a)  Upon receipt of a completed, signed, and dated
1369	application, the agency shall require background screening, in
1370	accordance with the level 2 standards for screening set forth in
1371	chapter 435, of the managing employee, or other similarly titled
1372	individual who is responsible for the daily operation of the
1373	facility, and of the financial officer, or other similarly
1374	titled individual who is responsible for the financial operation
1375	of the center, including billings for resident care and
1376	services. The applicant must comply with the procedures for
1377	level 2 background screening as set forth in chapter 435, as
1378	well as the requirements of s. 435.03(3).
1379	(b)  The agency may require background screening of any
1380	other individual who is an applicant if the agency has probable
1381	cause to believe that he or she has been convicted of a crime or
1382	has committed any other offense prohibited under the level 2
1383	standards for screening set forth in chapter 435.
1384	(c)  Proof of compliance with the level 2 background
1385	screening requirements of chapter 435 which has been submitted
1386	within the previous 5 years in compliance with any other health
1387	care licensure requirements of this state is acceptable in
1388	fulfillment of the requirements of paragraph (a).
1389	(d)  A provisional license may be granted to an applicant
1390	when each individual required by this section to undergo
1391	background screening has met the standards for the Department of
1392	Law Enforcement background check, but the agency has not yet
1393	received background screening results from the Federal Bureau of
1394	Investigation, or a request for a disqualification exemption has
1395	been submitted to the agency as set forth in chapter 435, but a
1396	response has not yet been issued. A standard license may be
1397	granted to the applicant upon the agency's receipt of a report
1398	of the results of the Federal Bureau of Investigation background
1399	screening for each individual required by this section to
1400	undergo background screening which confirms that all standards
1401	have been met, or upon the granting of a disqualification
1402	exemption by the agency as set forth in chapter 435. Any other
1403	person who is required to undergo level 2 background screening
1404	may serve in his or her capacity pending the agency's receipt of
1405	the report from the Federal Bureau of Investigation. However,
1406	the person may not continue to serve if the report indicates any
1407	violation of background screening standards and a
1408	disqualification exemption has not been requested of and granted
1409	by the agency as set forth in chapter 435.
1410	(e)  Each applicant must submit to the agency, with its
1411	application, a description and explanation of any exclusions,
1412	permanent suspensions, or terminations of the applicant from the
1413	Medicare or Medicaid programs. Proof of compliance with the
1414	requirements for disclosure of ownership and control interests
1415	under the Medicaid or Medicare programs shall be accepted in
1416	lieu of this submission.
1417	(f)  Each applicant must submit to the agency a description
1418	and explanation of any conviction of an offense prohibited under
1419	the level 2 standards of chapter 435 by a member of the board of
1420	directors of the applicant, its officers, or any individual
1421	owning 5 percent or more of the applicant. This requirement does
1422	not apply to a director of a not-for-profit corporation or
1423	organization if the director serves solely in a voluntary
1424	capacity for the corporation or organization, does not regularly
1425	take part in the day-to-day operational decisions of the
1426	corporation or organization, receives no remuneration for his or
1427	her services on the corporation or organization's board of
1428	directors, and has no financial interest and has no family
1429	members with a financial interest in the corporation or
1430	organization, provided that the director and the not-for-profit
1431	corporation or organization include in the application a
1432	statement affirming that the director's relationship to the
1433	corporation satisfies the requirements of this paragraph.
1434	(g)  A license may not be granted to an applicant if the
1435	applicant or managing employee has been found guilty of,
1436	regardless of adjudication, or has entered a plea of nolo
1437	contendere or guilty to, any offense prohibited under the level
1438	2 standards for screening set forth in chapter 435, unless an
1439	exemption from disqualification has been granted by the agency
1440	as set forth in chapter 435.
1441	(h)  The agency may deny or revoke licensure if the
1442	applicant:
1443	1.  Has falsely represented a material fact in the
1444	application required by paragraph (e) or paragraph (f), or has
1445	omitted any material fact from the application required by
1446	paragraph (e) or paragraph (f); or
1447	2.  Has had prior action taken against the applicant under
1448	the Medicaid or Medicare program as set forth in paragraph (e).
1449	(i)  An application for license renewal must contain the
1450	information required under paragraphs (e) and (f).
1451	(6)(7)  The applicant shall furnish satisfactory proof of
1452	financial ability to operate and conduct the facility or program
1453	in accordance with the requirements of this chapter and all
1454	rules promulgated hereunder.
1455	(7)(8)  The agency shall adopt rules establishing minimum
1456	standards for licensure of residential facilities and
1457	comprehensive transitional education programs licensed under
1458	this section, including rules requiring facilities and programs
1459	to train staff to detect and prevent sexual abuse of residents
1460	and clients, minimum standards of quality and adequacy of care,
1461	and uniform firesafety standards established by the State Fire
1462	Marshal which are appropriate to the size of the facility or of
1463	the component centers or units of the program.
1464	(8)(9)  The agency and the Agency for Health Care
1465	Administration, after consultation with the Department of
1466	Community Affairs, shall adopt rules pursuant to ss. 120.536(1)
1467	and 120.54 for foster care residential facilities, group home
1468	facilities, and residential habilitation centers which establish
1469	under the respective regulatory jurisdiction of each
1470	establishing minimum standards for the preparation and annual
1471	update of a comprehensive emergency management plan. At a
1472	minimum, the rules must provide for plan components that address
1473	emergency evacuation transportation; adequate sheltering
1474	arrangements; postdisaster activities, including emergency
1475	power, food, and water; postdisaster transportation; supplies;
1476	staffing; emergency equipment; individual identification of
1477	residents and transfer of records; and responding to family
1478	inquiries. The comprehensive emergency management plan for all
1479	comprehensive transitional education programs and for homes
1480	serving individuals who have complex medical conditions is
1481	subject to review and approval by the local emergency management
1482	agency. During its review, the local emergency management agency
1483	shall ensure that the agency and the Department of Community
1484	Affairs following agencies, at a minimum, are given the
1485	opportunity to review the plan: the Agency for Health Care
1486	Administration, the Agency for Persons with Disabilities, and
1487	the Department of Community Affairs. Also, appropriate volunteer
1488	organizations must be given the opportunity to review the plan.
1489	The local emergency management agency shall complete its review
1490	within 60 days and either approve the plan or advise the
1491	facility of necessary revisions.
1492	(9)(10)  The agency may conduct unannounced inspections to
1493	determine compliance by foster care residential facilities,
1494	group home facilities, residential habilitation centers, and
1495	comprehensive transitional education programs with the
1496	applicable provisions of this chapter and the rules adopted
1497	pursuant hereto, including the rules adopted for training staff
1498	of a facility or a program to detect and prevent sexual abuse of
1499	residents and clients. The facility or program shall make copies
1500	of inspection reports available to the public upon request.
1501	(11)  An alternative living center and an independent
1502	living education center, as defined in s. 393.063, shall be
1503	subject to the provisions of s. 419.001, except that such
1504	centers shall be exempt from the 1,000-foot-radius requirement
1505	of s. 419.001(2) if:
1506	(a)  Such centers are located on a site zoned in a manner
1507	so that all the component centers of a comprehensive transition
1508	education center may be located thereon; or
1509	(b)  There are no more than three such centers within said
1510	radius of 1,000 feet.
1511	(10)(12)  Each residential facility or comprehensive
1512	transitional education program licensed under this section by
1513	the agency shall forward annually to the agency a true and
1514	accurate sworn statement of its costs of providing care to
1515	clients funded by the agency.
1516	(11)(13)  The agency may audit the records of any
1517	residential facility or comprehensive transitional education
1518	program that it has reason to believe may not be in full
1519	compliance with the provisions of this section; provided that,
1520	any financial audit of such facility or program shall be limited
1521	to the records of clients funded by the agency.
1522	(12)(14)  The agency shall establish, for the purpose of
1523	control of licensure costs, a uniform management information
1524	system and a uniform reporting system with uniform definitions
1525	and reporting categories.
1526	(13)(15)  Facilities and programs licensed under pursuant
1527	to this section shall adhere to all rights specified in s.
1528	393.13, including those enumerated in s. 393.13(4).
1529	(14)(16)  An No unlicensed residential facility or
1530	comprehensive transitional education program may not shall
1531	receive state funds. A license for the operation of a facility
1532	or program shall not be renewed if the licensee has any
1533	outstanding fines assessed pursuant to this chapter wherein
1534	final adjudication of such fines has been entered.
1535	(15)(17)  The agency shall not be required to contract with
1536	new facilities licensed after October 1, 1989, pursuant to this
1537	chapter. Pursuant to chapter 287, the agency shall continue to
1538	contract within available resources for residential services
1539	with facilities licensed prior to October 1, 1989, if such
1540	facilities comply with the provisions of this chapter and all
1541	other applicable laws and regulations.
1542	Section 18.  Subsections (1) and (2) of section 393.0673,
1543	Florida Statutes, are amended, and subsection (5) is added to
1544	that section, to read:
1545	393.0673  Denial, suspension, revocation of license;
1546	moratorium on admissions; administrative fines; procedures.--
1547	(1)  The agency may deny, revoke, or suspend a license or
1548	impose an administrative fine, not to exceed $1,000 per
1549	violation per day, for a violation of any provision of s.
1550	393.0655 or s. 393.067 or adopted rules adopted pursuant
1551	thereto. All hearings shall be held within the county in which
1552	the licensee or applicant operates or applies for a license to
1553	operate a facility as defined herein.
1554	(2)  The agency, as a part of any final order issued by it
1555	pursuant to under the provisions of this chapter, may impose
1556	such fine as it deems proper, except that such fine may not
1557	exceed $1,000 for each violation. Each day a violation of this
1558	chapter occurs constitutes a separate violation and is subject
1559	to a separate fine, but in no event may the aggregate amount of
1560	any fine exceed $10,000. Fines paid by any facility licensee
1561	under the provisions of this subsection shall be deposited in
1562	the Resident Protection Trust Fund and expended as provided in
1563	s. 400.063.
1564	(5)  The agency shall establish by rule criteria for
1565	evaluating the severity of violations and for determining the
1566	amount of fines imposed.
1567	Section 19.  Subsection (1) of section 393.0674, Florida
1568	Statutes, is amended to read:
1569	393.0674  Penalties.--
1570	(1)  It is a misdemeanor of the first degree, punishable as
1571	provided in s. 775.082 or s. 775.083, for any person willfully,
1572	knowingly, or intentionally to:
1573	(a)  Fail, by false statement, misrepresentation,
1574	impersonation, or other fraudulent means, to disclose in any
1575	application for voluntary or paid employment a material fact
1576	used in making a determination as to such person's
1577	qualifications to be a direct care service provider;
1578	(b)  Provide or attempt to provide supports or services
1579	with direct care service providers who are not in compliance
1580	noncompliance with the background screening requirements set
1581	forth minimum standards for good moral character as contained in
1582	this chapter; or
1583	(c)  Use information from the criminal records or central
1584	abuse hotline obtained under s. 393.0655, s. 393.066, or s.
1585	393.067 for any purpose other than screening that person for
1586	employment as specified in those sections or release such
1587	information to any other person for any purpose other than
1588	screening for employment as specified in those sections.
1589	Section 20.  Subsection (3) of section 393.0675, Florida
1590	Statutes, is amended to read:
1591	393.0675  Injunctive proceedings authorized.--
1592	(3)  The agency may institute proceedings for an injunction
1593	in a court of competent jurisdiction to terminate the operation
1594	of a provider of supports or services if such provider has
1595	willfully and knowingly refused to comply with the screening
1596	requirement for direct care service providers or has refused to
1597	terminate direct care service providers found not to be in
1598	compliance with such the requirements for good moral character.
1599	Section 21.  Subsection (1) of section 393.0678, Florida
1600	Statutes, is amended to read:
1601	393.0678  Receivership proceedings.--
1602	(1)  The agency may petition a court of competent
1603	jurisdiction for the appointment of a receiver for an
1604	intermediate care facility for the developmentally disabled, a
1605	residential habilitation center, or a group home facility owned
1606	and operated by a corporation or partnership when any of the
1607	following conditions exist:
1608	(a)  Any person is operating a facility without a license
1609	and refuses to make application for a license as required by s.
1610	393.067 or, in the case of an intermediate care facility for the
1611	developmentally disabled, as required by ss. 393.067 and
1612	400.062.
1613	(b)  The licensee is closing the facility or has informed
1614	the department that it intends to close the facility; and
1615	adequate arrangements have not been made for relocation of the
1616	residents within 7 days, exclusive of weekends and holidays, of
1617	the closing of the facility.
1618	(c)  The agency determines that conditions exist in the
1619	facility which present an imminent danger to the health, safety,
1620	or welfare of the residents of the facility or which present a
1621	substantial probability that death or serious physical harm
1622	would result therefrom. Whenever possible, the agency shall
1623	facilitate the continued operation of the program.
1624	(d)  The licensee cannot meet its financial obligations to
1625	provide food, shelter, care, and utilities. Evidence such as the
1626	issuance of bad checks or the accumulation of delinquent bills
1627	for such items as personnel salaries, food, drugs, or utilities
1628	constitutes prima facie evidence that the ownership of the
1629	facility lacks the financial ability to operate the home in
1630	accordance with the requirements of this chapter and all rules
1631	promulgated thereunder.
1632	Section 22.  Subsection (1), paragraphs (o) and (p) of
1633	subsection (2), and subsection (3) of section 393.068, Florida
1634	Statutes, are amended to read:
1635	393.068  Family care program.--
1636	(1)  The family care program is established for the purpose
1637	of providing services and support to families and individuals
1638	with developmental disabilities in order to maintain the
1639	individual in the home environment and avoid costly out-of-home
1640	residential placement. Services and support available to
1641	families and individuals with developmental disabilities shall
1642	emphasize community living and self-determination and enable
1643	individuals with developmental disabilities to enjoy typical
1644	lifestyles. One way to accomplish this is to recognize that
1645	families are the greatest resource available to individuals who
1646	have developmental disabilities and must be supported in their
1647	role as primary caregivers care givers.
1648	(2)  Services and support authorized under this program
1649	shall, to the extent of available resources, include the
1650	services listed under s. 393.066 and, in addition, shall
1651	include, but not be limited to:
1652	(o)  Supported employment.
1653	(o)(p)  Other support services as identified by the family
1654	or individual.
1655	(3)  When it is determined by the agency to be more cost-
1656	effective and in the best interest of the client to maintain
1657	such client in the home of a direct care service provider, the
1658	parent or guardian of the client or, if competent, the client
1659	may enroll the client in the family care program. The direct
1660	care service provider of a client enrolled in the family care
1661	program shall be reimbursed according to a rate schedule set by
1662	the agency. In-home subsidies cited in paragraph (2)(d) shall be
1663	provided according to s. 393.0695 and are not subject to any
1664	other payment method or rate schedule provided for in this
1665	section.
1666	Section 23.  Subsection (3) of section 393.0695, Florida
1667	Statutes, is amended to read:
1668	393.0695  Provision of in-home subsidies.--
1669	(3)  In-home subsidies must be based on an individual
1670	determination of need and must not exceed maximum amounts set by
1671	the agency and reassessed by the agency quarterly annually.
1672	Section 24.  Subsection (2) of section 393.075, Florida
1673	Statutes, is amended to read:
1674	393.075  General liability coverage.--
1675	(2)  The Division of Risk Management of the Department of
1676	Financial Services shall provide coverage through the agency to
1677	any person who owns or operates a foster care facility or group
1678	home facility solely for the agency, who cares for children
1679	placed by developmental services staff of the agency, and who is
1680	licensed pursuant to s. 393.067 to provide such supervision and
1681	care in his or her place of residence. The coverage shall be
1682	provided from the general liability account of the State Risk
1683	Management Trust Fund. The coverage is limited to general
1684	liability claims arising from the provision of supervision and
1685	care of children in a foster care facility or group home
1686	facility pursuant to an agreement with the agency and pursuant
1687	to guidelines established through policy, rule, or statute.
1688	Coverage shall be subject to the limits provided in ss. 284.38
1689	and 284.385, and the exclusions set forth therein, together with
1690	other exclusions as may be set forth in the certificate of
1691	coverage issued by the trust fund. A person covered under the
1692	general liability account pursuant to this subsection shall
1693	immediately notify the Division of Risk Management of the
1694	Department of Financial Services of any potential or actual
1695	claim.
1696	Section 25.  Subsection (1), paragraph (a) of subsection
1697	(2), paragraph (b) of subsection (3), subsections (4), (5), and
1698	(6), paragraphs (a), (c), and (d) of subsection (7), paragraphs
1699	(d) and (e) of subsection (8), paragraph (b) of subsection (10),
1700	paragraph (b) of subsection (12), and subsection (13) of section
1701	393.11, Florida Statutes, are amended to read:
1702	393.11  Involuntary admission to residential services.--
1703	(1)  JURISDICTION.--When a person who has been determined
1704	eligible for services by the agency is mentally retarded or
1705	autistic and requires involuntary admission to residential
1706	services provided by the agency, the circuit court of the county
1707	in which the person resides shall have jurisdiction to conduct a
1708	hearing and enter an order involuntarily admitting the person in
1709	order that the person may receive the care, treatment,
1710	habilitation, and rehabilitation which the person needs. For the
1711	purpose of identifying mental retardation or autism, diagnostic
1712	capability shall be established by the agency. The involuntary
1713	commitment of a person with mental retardation or autism who is
1714	charged with a felony offense shall be determined in accordance
1715	with s. 916.302. Except as otherwise specified, the proceedings
1716	under this section shall be governed by the Florida Rules of
1717	Civil Procedure.
1718	(2)  PETITION.--
1719	(a)  A petition for involuntary admission to residential
1720	services may be executed by a petitioning commission. For
1721	proposed involuntary admission to residential services arising
1722	out of chapter 916, the petition may be filed by a petitioning
1723	commission, the agency, the state attorney of the circuit from
1724	which the defendant was committed, or the defendant's attorney.
1725	(3)  NOTICE.--
1726	(b)  Whenever a motion or petition has been filed pursuant
1727	to s. 916.303(2) to dismiss criminal charges against a defendant
1728	with mental retardation or autism, and a petition is filed to
1729	involuntarily admit the defendant to residential services under
1730	this section, the notice of the filing of the petition shall
1731	also be given to the defendant's attorney and to the state
1732	attorney of the circuit from which the defendant was committed.
1733	(4)  AGENCY DEVELOPMENTAL SERVICES PARTICIPATION.--
1734	(a)  Upon receiving the petition, the court shall
1735	immediately order the developmental services program of the
1736	agency to examine the person being considered for involuntary
1737	admission to residential services.
1738	(b)  Following examination, the agency shall file After the
1739	developmental services program examines the person, a written
1740	report shall be filed with the court not less than 10 working
1741	days before the date of the hearing. The report shall be served
1742	on the petitioner, the person with mental retardation or autism,
1743	and the person's attorney at the time the report is filed with
1744	the court.
1745	(c)  The report shall contain the findings of the agency's
1746	developmental services program evaluation and any
1747	recommendations deemed appropriate.
1748	(5)  EXAMINING COMMITTEE.--
1749	(a)  Upon receiving the petition, the court shall
1750	immediately appoint an examining committee to examine the person
1751	being considered for involuntary admission to residential
1752	services of the developmental services program of the agency.
1753	(b)  The court shall appoint no fewer than three
1754	disinterested experts who have demonstrated to the court an
1755	expertise in the diagnosis, evaluation, and treatment of persons
1756	with mental retardation or autism. The committee shall include
1757	at least one licensed and qualified physician, one licensed and
1758	qualified psychologist, and one qualified professional with a
1759	minimum of a masters degree in social work, special education,
1760	or vocational rehabilitation counseling, to examine the person
1761	and to testify at the hearing on the involuntary admission to
1762	residential services.
1763	(c)  Counsel for the person who is being considered for
1764	involuntary admission to residential services and counsel for
1765	the petition commission shall have the right to challenge the
1766	qualifications of those appointed to the examining committee.
1767	(d)  Members of the committee shall not be employees of the
1768	agency or be associated with each other in practice or in
1769	employer-employee relationships. Members of the committee shall
1770	not have served as members of the petitioning commission.
1771	Members of the committee shall not be employees of the members
1772	of the petitioning commission or be associated in practice with
1773	members of the commission.
1774	(e)  The committee shall prepare a written report for the
1775	court. The report shall explicitly document the extent that the
1776	person meets the criteria for involuntary admission. The report,
1777	and expert testimony, shall include, but not be limited to:
1778	1.  The degree of the person's mental retardation or
1779	autism;
1780	2.  Whether, because of the person's degree of mental
1781	retardation or autism, the person:
1782	a.  Lacks sufficient capacity to give express and informed
1783	consent to a voluntary application for services pursuant to s.
1784	393.065;
1785	b.  Lacks basic survival and self-care skills to such a
1786	degree that close supervision and habilitation in a residential
1787	setting is necessary and if not provided would result in a real
1788	and present threat of substantial harm to the person's well-
1789	being; or
1790	c.  Is likely to physically injure others if allowed to
1791	remain at liberty.
1792	3.  The purpose to be served by residential care;
1793	4.  A recommendation on the type of residential placement
1794	which would be the most appropriate and least restrictive for
1795	the person; and
1796	5.  The appropriate care, habilitation, and treatment.
1797	(f)  The committee shall file the report with the court not
1798	less than 10 working days before the date of the hearing. The
1799	report shall be served on the petitioner, the person with mental
1800	retardation or autism, and the person's attorney at the time the
1801	report is filed with the court.
1802	(g)  Members of the examining committee shall receive a
1803	reasonable fee to be determined by the court. The fees are to be
1804	paid from the general revenue fund of the county in which the
1805	person with mental retardation or autism resided when the
1806	petition was filed.
1807	(h)  The agency shall develop and prescribe by rule one or
1808	more standard forms to be used as a guide for members of the
1809	examining committee.
1810	(6)  COUNSEL; GUARDIAN AD LITEM.--
1811	(a)  The person with mental retardation or autism shall be
1812	represented by counsel at all stages of the judicial proceeding.
1813	In the event the person is indigent and cannot afford counsel,
1814	the court shall appoint a public defender not less than 20
1815	working days before the scheduled hearing. The person's counsel
1816	shall have full access to the records of the service provider
1817	and the agency. In all cases, the attorney shall represent the
1818	rights and legal interests of the person with mental retardation
1819	or autism, regardless of who may initiate the proceedings or pay
1820	the attorney's fee.
1821	(b)  If the attorney, during the course of his or her
1822	representation, reasonably believes that the person with mental
1823	retardation or autism cannot adequately act in his or her own
1824	interest, the attorney may seek the appointment of a guardian ad
1825	litem. A prior finding of incompetency is not required before a
1826	guardian ad litem is appointed pursuant to this section.
1827	(7)  HEARING.--
1828	(a)  The hearing for involuntary admission shall be
1829	conducted, and the order shall be entered, in the county in
1830	which the petition is filed person is residing or be as
1831	convenient to the person as may be consistent with orderly
1832	procedure. The hearing shall be conducted in a physical setting
1833	not likely to be injurious to the person's condition.
1834	(c)  The court may appoint a general or special magistrate
1835	to preside. Except as otherwise specified, the magistrate's
1836	proceeding shall be governed by the rule 1.490, Florida Rules of
1837	Civil Procedure.
1838	(d)  The person with mental retardation or autism shall be
1839	physically present throughout the entire proceeding. If the
1840	person's attorney believes that the person's presence at the
1841	hearing is not in the person's best interest, the person's
1842	presence may be waived once the court has seen the person and
1843	the hearing has commenced.
1844	(8)  ORDER.--
1845	(d)  If an order of involuntary admission to residential
1846	services provided by the developmental services program of the
1847	agency is entered by the court, a copy of the written order
1848	shall be served upon the person, the person's counsel, the
1849	agency, and the state attorney and the person's defense counsel,
1850	if applicable. The order of involuntary admission sent to the
1851	agency shall also be accompanied by a copy of the examining
1852	committee's report and other reports contained in the court
1853	file.
1854	(e)  Upon receiving the order, the agency shall, within 45
1855	days, provide the court with a copy of the person's family or
1856	individual support plan and copies of all examinations and
1857	evaluations, outlining the treatment and rehabilitative
1858	programs. The agency shall document that the person has been
1859	placed in the most appropriate, least restrictive and cost-
1860	beneficial residential setting facility. A copy of the family or
1861	individual support plan and other examinations and evaluations
1862	shall be served upon the person and the person's counsel at the
1863	same time the documents are filed with the court.
1864	(10)  COMPETENCY.--
1865	(b)  The issue of the competency of a person with mental
1866	retardation or autism for the purposes of assigning guardianship
1867	shall be determined in a separate proceeding according to the
1868	procedures and requirements of chapter 744 and the Florida
1869	Probate Rules. The issue of the competency of a person with
1870	mental retardation or autism for purposes of determining whether
1871	the person is competent to proceed in a criminal trial shall be
1872	determined in accordance with chapter 916.
1873	(12)  APPEAL.--
1874	(b)  The filing of an appeal by the person with mental
1875	retardation or autism shall stay admission of the person into
1876	residential care. The stay shall remain in effect during the
1877	pendency of all review proceedings in Florida courts until a
1878	mandate issues.
1879	(13)  HABEAS CORPUS.--At any time and without notice, any
1880	person involuntarily admitted into residential care to the
1881	developmental services program of the agency, or the person's
1882	parent or legal guardian in his or her behalf, is entitled to
1883	file a petition for a writ of habeas corpus to question the
1884	cause, legality, and appropriateness of the person's involuntary
1885	admission. Each person, or the person's parent or legal
1886	guardian, shall receive specific written notice of the right to
1887	petition for a writ of habeas corpus at the time of his or her
1888	involuntary placement.
1889	Section 26.  Section 393.122, Florida Statutes, is amended
1890	to read:
1891	393.122  Applications for continued residential services.--
1892	(1)  If a client is discharged from residential services
1893	under the provisions of s. 393.115 this section, application for
1894	needed services shall be encouraged.
1895	(2)  No client receiving services from the state department
1896	as of July 1, 1977, shall be denied continued services due to
1897	any change in eligibility requirements by chapter 77-335, Laws
1898	of Florida.
1899	Section 27.  Paragraph (a) of subsection (1) of section
1900	393.125, Florida Statutes, is amended to read:
1901	393.125  Hearing rights.--
1902	(1)  REVIEW OF AGENCY DECISIONS.--
1903	(a)  Any developmental disabilities services applicant or
1904	client, or his or her parent, guardian, guardian advocate, or
1905	authorized representative, whose substantial interests have been
1906	who has any substantial interest determined by the agency, has
1907	the right to request an administrative hearing pursuant to ss.
1908	120.569 and 120.57. An entity or person who is a paid service
1909	provider for the applicant or client may not act as an
1910	authorized representative for the applicant or client.
1911	Section 28.  Subsection (1), paragraphs (b) and (d) of
1912	subsection (2), paragraphs (c), (g), (h), (i), (j), and (k) of
1913	subsection (4), and subsection (7) of section 393.13, Florida
1914	Statutes, are amended to read:
1915	393.13  Personal Treatment of persons with developmental
1916	disabilities who are developmentally disabled.--
1917	(1)  SHORT TITLE.--This act shall be known as "The Bill of
1918	Rights of Persons with Developmental Disabilities Who are
1919	Developmentally Disabled."
1920	(2)  LEGISLATIVE INTENT.--
1921	(b)  The Legislature further finds and declares that the
1922	design and delivery of treatment and services to persons with
1923	developmental disabilities who are developmentally disabled
1924	should be directed by the principles of self-determination
1925	normalization and therefore should:
1926	1.  Abate the use of large institutions.
1927	2.  Continue the development of community-based services
1928	that which provide reasonable alternatives to
1929	institutionalization in settings that are least restrictive to
1930	the client and that provide opportunities for inclusion in the
1931	community.
1932	3.  Provide training and education that to individuals who
1933	are developmentally disabled which will maximize their potential
1934	to lead independent and productive lives and which will afford
1935	opportunities for outward mobility from institutions.
1936	4.  Reduce the use of sheltered workshops and other
1937	noncompetitive employment day activities and promote
1938	opportunities for gainful employment for persons with
1939	developmental disabilities who choose to seek such employment.
1940	(d)  It is the intent of the Legislature:
1941	1.  To articulate the existing legal and human rights of
1942	persons with developmental disabilities who are developmentally
1943	disabled so that they may be exercised and protected. Persons
1944	with developmental disabilities shall have all the rights
1945	enjoyed by citizens of the state and the United States.
1946	2.  To provide a mechanism for the identification,
1947	evaluation, and treatment of persons with developmental
1948	disabilities.
1949	3.  To divert those individuals from institutional
1950	commitment who, by virtue of comprehensive assessment, can be
1951	placed in less costly, more effective community environments and
1952	programs.
1953	4.  To fund improvements in the program in accordance with
1954	the availability of state resources and yearly priorities
1955	determined by the Legislature.
1956	5.  To ensure that persons with developmental disabilities
1957	receive treatment and habilitation which fosters the
1958	developmental potential of the individual.
1959	6.  To provide programs for the proper habilitation and
1960	treatment of persons with developmental disabilities which shall
1961	include, but not be limited to, comprehensive medical/dental
1962	care, education, recreation, specialized therapies, training,
1963	social services, transportation, guardianship, family care
1964	programs, day habilitation services, and habilitative and
1965	rehabilitative services suited to the needs of the individual
1966	regardless of age, degree of disability, or handicapping
1967	condition. No person with developmental disabilities shall be
1968	deprived of these enumerated services by reason of inability to
1969	pay.
1970	7.  To fully effectuate the principles of self-
1971	determination normalization principle through the establishment
1972	of community services for persons with developmental
1973	disabilities as a viable and practical alternative to
1974	institutional care at each stage of individual life development
1975	and to promote opportunities for community inclusion. If care in
1976	a residential facility becomes necessary, it shall be in the
1977	least restrictive setting.
1978	(4)  CLIENT RIGHTS.--For purposes of this subsection, the
1979	term "client," as defined in s. 393.063, shall also include any
1980	person served in a facility licensed pursuant to s. 393.067.
1981	(c)  Each client shall receive prompt and appropriate
1982	medical treatment and care for physical and mental ailments and
1983	for the prevention of any illness or disability. Medical
1984	treatment shall be consistent with the accepted standards of
1985	medical practice in the community.
1986	1.  Medication shall be administered only at the written
1987	order of a physician. Medication shall not be used as
1988	punishment, for the convenience of staff, as a substitute for
1989	implementation of an individual or family support plan or
1990	behavior analysis services modification programming, or in
1991	unnecessary or excessive quantities.
1992	2.  Daily notation of medication received by each client in
1993	a residential facility shall be kept in the client's record.
1994	3.  Periodically, but no less frequently than every 6
1995	months, the drug regimen of each client in a residential
1996	facility shall be reviewed by the attending physician or other
1997	appropriate monitoring body, consistent with appropriate
1998	standards of medical practice. All prescriptions shall have a
1999	termination date.
2000	4.  When pharmacy services are provided at any residential
2001	facility, such services shall be directed or supervised by a
2002	professionally competent pharmacist licensed according to the
2003	provisions of chapter 465.
2004	5.  Pharmacy services shall be delivered in accordance with
2005	the provisions of chapter 465.
2006	6.  Prior to instituting a plan of experimental medical
2007	treatment or carrying out any necessary surgical procedure,
2008	express and informed consent shall be obtained from the client,
2009	if competent, or the client's parent or legal guardian.
2010	Information upon which the client shall make necessary treatment
2011	and surgery decisions shall include, but not be limited to:
2012	a.  The nature and consequences of such procedures.
2013	b.  The risks, benefits, and purposes of such procedures.
2014	c.  Alternate procedures available.
2015	7.  When the parent or legal guardian of the client is
2016	unknown or unlocatable and the physician is unwilling to perform
2017	surgery based solely on the client's consent, a court of
2018	competent jurisdiction shall hold a hearing to determine the
2019	appropriateness of the surgical procedure. The client shall be
2020	physically present, unless the client's medical condition
2021	precludes such presence, represented by counsel, and provided
2022	the right and opportunity to be confronted with, and to cross-
2023	examine, all witnesses alleging the appropriateness of such
2024	procedure. In such proceedings, the burden of proof by clear and
2025	convincing evidence shall be on the party alleging the
2026	appropriateness of such procedures. The express and informed
2027	consent of a person described in subparagraph 6. may be
2028	withdrawn at any time, with or without cause, prior to treatment
2029	or surgery.
2030	8.  The absence of express and informed consent
2031	notwithstanding, a licensed and qualified physician may render
2032	emergency medical care or treatment to any client who has been
2033	injured or who is suffering from an acute illness, disease, or
2034	condition if, within a reasonable degree of medical certainty,
2035	delay in initiation of emergency medical care or treatment would
2036	endanger the health of the client.
2037	(g)  No client shall be subjected to a treatment program to
2038	eliminate problematic bizarre or unusual behaviors without first
2039	being examined by a physician who in his or her best judgment
2040	determines that such behaviors are not organically caused.
2041	1.  Treatment programs involving the use of noxious or
2042	painful stimuli shall be prohibited.
2043	2.  All alleged violations of this paragraph shall be
2044	reported immediately to the chief administrative officer of the
2045	facility and or the district administrator, the agency head, and
2046	the Florida local advocacy council. A thorough investigation of
2047	each incident shall be conducted and a written report of the
2048	finding and results of such investigation shall be submitted to
2049	the chief administrative officer of the facility or the district
2050	administrator and to the agency head within 24 hours of the
2051	occurrence or discovery of the incident.
2052	2.3.  The agency shall adopt by rule a system for the
2053	oversight of behavioral programs. Such system shall establish
2054	guidelines and procedures governing the design, approval,
2055	implementation, and monitoring of all behavioral programs
2056	involving clients. The system shall ensure statewide and local
2057	review by committees of professionals certified as behavior
2058	analysts pursuant to s. 393.17. No behavioral program shall be
2059	implemented unless reviewed according to the rules established
2060	by the agency under this section. Nothing stated in this section
2061	shall prohibit the review of programs by the Florida statewide
2062	or local advocacy councils.
2063	(h)  Each client engaged in work programs which require
2064	compliance with federal wage and hour laws shall be provided
2065	with minimum wage protection and fair compensation for labor in
2066	accordance with the federal wage-per-hour regulations.
2067	(h)(i)  Clients shall have the right to be free from
2068	unnecessary physical, chemical, or mechanical restraint, or
2069	seclusion. Restraints shall be employed only in emergencies or
2070	to protect the client from imminent injury to himself or herself
2071	or others. Restraints shall not be employed as punishment, for
2072	the convenience of staff, or as a substitute for a habilitative
2073	plan. Restraints shall impose the least possible restrictions
2074	consistent with their purpose and shall be removed when the
2075	emergency ends. Restraints shall not cause physical injury to
2076	the client and shall be designed to allow the greatest possible
2077	comfort.
2078	1.  Mechanical supports used in normative situations to
2079	achieve proper body position and balance shall not be considered
2080	restraints, but shall be prescriptively designed and applied
2081	under the supervision of a qualified professional with concern
2082	for principles of good body alignment, circulation, and
2083	allowance for change of position.
2084	2.  Totally enclosed cribs and barred enclosures shall be
2085	considered restraints.
2086	3.  Daily reports on the employment of physical, chemical,
2087	or mechanical restraints by those specialists authorized in the
2088	use of such restraints shall be made to the appropriate chief
2089	administrator of the facility, and a monthly compilation summary
2090	of such reports shall be relayed to the agency's local area
2091	office district administrator and the Florida local advocacy
2092	council. The monthly reports shall summarize all such cases of
2093	restraints, the type used, the duration of usage, and the
2094	reasons therefor. The area offices shall submit monthly
2095	summaries of these reports to the agency's central office.
2096	Districts shall submit districtwide quarterly reports of these
2097	summaries to the state Developmental Disabilities Program
2098	Office.
2099	4.  The agency shall adopt by rule standards and procedures
2100	relating to the use of restraints and seclusion post a copy of
2101	the rules adopted under this section in each living unit of
2102	residential facilities. A copy of the rules adopted under this
2103	paragraph section shall be given to all staff members of
2104	licensed facilities and programs licensed under this chapter and
2105	made a part of all staff preservice and inservice training
2106	programs.
2107	(i)(j)1.  Each client shall have a central record which
2108	shall be established by the agency at the time an individual is
2109	determined eligible for services and maintained by the client's
2110	support coordinator and which contains information pertaining to
2111	admission, diagnosis and treatment history, present condition,
2112	and such other information as may be required. The central
2113	record shall remain the property of the agency. The record shall
2114	include data pertaining to admission and such other information
2115	as may be required under rules of the agency.
2116	1.2.  Unless waived by the client, if competent, or the
2117	client's parent or legal guardian if the client is incompetent,
2118	the client's central record shall be confidential and exempt
2119	from the provisions of s. 119.07(1), and no part of it shall be
2120	released except:
2121	a.  The record may be released to physicians, attorneys,
2122	and government agencies having need of the record to aid the
2123	client, as designated by the client, if competent, or the
2124	client's parent or legal guardian, if the client is incompetent.
2125	b.  The record shall be produced in response to a subpoena
2126	or released to persons authorized by order of court, excluding
2127	matters privileged by other provisions of law.
2128	c.  The record or any part thereof may be disclosed to a
2129	qualified researcher, a staff member of the facility where the
2130	client resides, or an employee of the agency when the
2131	administrator of the facility or the director of the agency
2132	deems it necessary for the treatment of the client, maintenance
2133	of adequate records, compilation of treatment data, or
2134	evaluation of programs.
2135	d.  Information from the records may be used for
2136	statistical and research purposes if the information is
2137	abstracted in such a way to protect the identity of individuals.
2138	3.  All central records for each client in residential
2139	facilities shall be kept on uniform forms distributed by the
2140	agency. The central record shall accurately summarize each
2141	client's history and present condition.
2142	2.4.  The client, if competent, or the client's parent or
2143	legal guardian if the client is incompetent, shall be supplied
2144	with a copy of the client's central record upon request.
2145	(j)(k)  Each client residing in a residential facility or
2146	who is eligible to vote in public elections according to the
2147	laws of the state shall have the right to vote. Facilities
2148	operators shall arrange the means to exercise the client's right
2149	to vote.
2150	(7)  RESIDENT GOVERNMENT.--Each residential facility
2151	providing services to clients who are desirous and capable of
2152	participating shall initiate and develop a program of resident
2153	government to hear the views and represent the interests of all
2154	clients served by the facility. The resident government shall be
2155	composed of residents elected by other residents and, staff
2156	advisers skilled in the administration of community
2157	organizations, and, at the option of the residential government,
2158	representatives of advocacy groups for persons with
2159	developmental disabilities from the community a representative
2160	of the Florida local advocacy council. The resident government
2161	shall work closely with the Florida local advocacy council and
2162	the district administrator to promote the interests and welfare
2163	of all residents in the facility.
2164	Section 29.  Section 393.135, Florida Statutes, is amended
2165	to read:
2166	393.135  Sexual misconduct prohibited; reporting required;
2167	penalties.--
2168	(1)  As used in this section, the term:
2169	(a)  "Covered person" means "Employee" includes any paid
2170	staff member, volunteer, or intern of the agency, or the
2171	department; any person under contract with the agency, or the
2172	department; and any person providing care or support to a client
2173	on behalf of the agency department or its providers.
2174	(b)  "Sexual activity" means:
2175	1.  Fondling the genital area, groin, inner thighs,
2176	buttocks, or breasts of a person.
2177	2.  The oral, anal, or vaginal penetration by or union with
2178	the sexual organ of another or the anal or vaginal penetration
2179	of another by any other object.
2180	3.  Intentionally touching in a lewd or lascivious manner
2181	the breasts, genitals, the genital area, or buttocks, or the
2182	clothing covering them, of a person, or forcing or enticing a
2183	person to touch the perpetrator.
2184	4.  Intentionally masturbating in the presence of another
2185	person.
2186	5.  Intentionally exposing the genitals in a lewd or
2187	lascivious manner in the presence of another person.
2188	6.  Intentionally committing any other sexual act that does
2189	not involve actual physical or sexual contact with the victim,
2190	including, but not limited to, sadomasochistic abuse, sexual
2191	bestiality, or the simulation of any act involving sexual
2192	activity in the presence of a victim.
2193	(c)  "Sexual misconduct" means any sexual activity between
2194	a covered person an employee and a client to whom the covered
2195	person renders services, care, or support on behalf of the
2196	agency or its providers, or between the covered person and
2197	another client who lives in the same home as the client to whom
2198	the covered person is rendering the services, care, or support,
2199	regardless of the consent of the client. The term does not
2200	include an act done for a bona fide medical purpose or an
2201	internal search conducted in the lawful performance of duty by
2202	an employee.
2203	(2)  A covered person An employee who engages in sexual
2204	misconduct with an individual with a developmental disability
2205	who:
2206	(a)  Is in the custody of the department;
2207	(a)(b)  Resides in a residential facility, including any
2208	comprehensive transitional education program, developmental
2209	disabilities services institution, foster care facility, group
2210	home facility, intermediate care facility for persons with
2211	developmental disabilities the developmentally disabled, or
2212	residential habilitation center; or
2213	(b)(c)  Is eligible to receive Receives services from the
2214	agency under this chapter a family care program,
2215
2216	commits a felony of the second degree, punishable as provided in
2217	s. 775.082, s. 775.083, or s. 775.084. A covered person An
2218	employee may be found guilty of violating this subsection
2219	without having committed the crime of sexual battery.
2220	(3)  The consent of the client to sexual activity is not a
2221	defense to prosecution under this section.
2222	(4)  This section does not apply to a covered person an
2223	employee who:
2224	(a)  is legally married to the client; or
2225	(b)  Has no reason to believe that the person with whom the
2226	employee engaged in sexual misconduct is a client receiving
2227	services as described in subsection (2).
2228	(5)  A covered person An employee who witnesses sexual
2229	misconduct, or who otherwise knows or has reasonable cause to
2230	suspect that a covered person has engaged in sexual misconduct,
2231	shall immediately report the incident to the department's
2232	central abuse hotline of the Department of Children and Family
2233	Services and to the appropriate local law enforcement agency.
2234	Such employee shall also prepare, date, and sign an independent
2235	report that specifically describes the nature of the sexual
2236	misconduct, the location and time of the incident, and the
2237	persons involved. The employee shall deliver the report to the
2238	supervisor or program director, who is responsible for providing
2239	copies to the agency's local office and the agency's
2240	department's inspector general. The inspector general shall
2241	immediately conduct an appropriate administrative investigation,
2242	and, if there is probable cause to believe that sexual
2243	misconduct has occurred, the inspector general shall notify the
2244	state attorney in the circuit in which the incident occurred.
2245	(6)(a)  Any person who is required to make a report under
2246	this section and who knowingly or willfully fails to do so, or
2247	who knowingly or willfully prevents another person from doing
2248	so, commits a misdemeanor of the first degree, punishable as
2249	provided in s. 775.082 or s. 775.083.
2250	(b)  Any person who knowingly or willfully submits
2251	inaccurate, incomplete, or untruthful information with respect
2252	to a report required under this section commits a misdemeanor of
2253	the first degree, punishable as provided in s. 775.082 or s.
2254	775.083.
2255	(c)  Any person who knowingly or willfully coerces or
2256	threatens any other person with the intent to alter testimony or
2257	a written report regarding an incident of sexual misconduct
2258	commits a felony of the third degree, punishable as provided in
2259	s. 775.082, s. 775.083, or s. 775.084.
2260	(7)  The provisions and penalties set forth in this section
2261	are in addition to any other civil, administrative, or criminal
2262	action provided by law which may be applied against a covered
2263	person an employee.
2264	Section 30.  Section 393.15, Florida Statutes, is amended
2265	to read:
2266	393.15  Legislative intent; Community Resources Development
2267	Loan Program Trust Fund.--
2268	(1)  The Legislature finds and declares that the
2269	development of community-based treatment facilities for persons
2270	with developmental disabilities who are developmentally disabled
2271	is desirable and recommended and should be encouraged and
2272	fostered by the state. The Legislature further recognizes that
2273	the development of such facilities is financially difficult for
2274	private individuals, due to initial expenditures required to
2275	adapt existing structures to the special needs of persons with
2276	developmental disabilities who are developmentally disabled who
2277	may be served in community-based foster care, group home,
2278	developmental training, and supported employment programs.
2279	Therefore, it is the intent of the Legislature intends that the
2280	agency by this act to develop and implement a loan program trust
2281	fund to provide support and encouragement in the establishment
2282	of community-based foster care, group home, developmental
2283	training, and supported employment programs for persons with
2284	developmental disabilities who are developmentally disabled.
2285	(2)  As used in this section, a foster care, group home,
2286	developmental training, or supported employment program may not
2287	be a for-profit corporation, but may be a nonprofit corporation,
2288	partnership, or sole proprietorship.
2289	(2)(3)  There is created a Community Resources Development
2290	Loan Program in Trust Fund in the State Treasury to be used by
2291	the agency for the purpose of granting loans to eligible
2292	programs for the initial costs of development of the programs.
2293	In order to be eligible, a foster home, group home,
2294	developmental training program, or supported employment program
2295	must:
2296	(a)  Serve persons with developmental disabilities.
2297	(b)  Be a nonprofit corporation, a partnership, or a sole
2298	proprietorship.
2299	(c)  Be Loans shall be made only to those facilities which
2300	are in compliance with the zoning regulations of the local
2301	community.
2302	(3)  Loans may be made to pay for the costs of development,
2303	may include structural modification, the purchase of equipment
2304	and fire and safety devices, preoperational staff training, and
2305	the purchase of insurance. Such costs shall not include the
2306	actual construction of a facility nor be in lieu of payment for
2307	maintenance, client services, or care provided.
2308	(4)  The agency may grant to an eligible program a lump-sum
2309	loan in one payment not to exceed the cost to the program of
2310	providing 2 months' services, care, or maintenance to each
2311	person with developmental disabilities who is developmentally
2312	disabled to be placed in the program by the agency, or the
2313	actual cost of firesafety renovations to a facility required by
2314	the state, whichever is greater. Loans granted to programs shall
2315	not be in lieu of payment for maintenance, services, or care
2316	provided, but shall stand separate and distinct.
2317	(5)  The agency shall adopt rules, as provided in chapter
2318	120, to determine the criteria standards under which a program
2319	shall be eligible to receive a loan as provided in this section
2320	and the methodology criteria for the equitable allocation of
2321	loan trust funds when eligible applications exceed the funds
2322	available.
2323	(6)(5)  Any loan granted by the agency under this section
2324	shall be repaid by the program within 5 years and the amount
2325	paid shall be deposited in the agency's Administrative Trust
2326	Fund. Money repaid shall be used to fund new loans. A program
2327	that operates as a nonprofit corporation meeting the
2328	requirements of s. 501(c)(3) of the Internal Revenue Code, and
2329	that seeks forgiveness of its loan shall submit to the agency an
2330	annual a statement setting forth the service it has provided
2331	during the year together with such other information as the
2332	agency by rule shall require, and, upon approval of each such
2333	annual statement, the agency may shall forgive up to 20 percent
2334	of the principal of any such loan granted after June 30, 1975.
2335	(7)(6)  If any program that has received a loan under this
2336	section ceases to accept, or provide care, services, or
2337	maintenance to persons placed in the program by the department,
2338	or if such program files papers of bankruptcy, at that point in
2339	time the loan shall become an interest-bearing loan at the rate
2340	of 5 percent per annum on the entire amount of the initial loan
2341	which shall be repaid within a 1-year period from the date on
2342	which the program ceases to provide care, services, or
2343	maintenance, or files papers in bankruptcy, and the amount of
2344	the loan due plus interest shall constitute a lien in favor of
2345	the state against all real and personal property of the program.
2346	The lien shall be perfected by the appropriate officer of the
2347	agency by executing and acknowledging a statement of the name of
2348	the program and the amount due on the loan and a copy of the
2349	promissory note, which shall be recorded by the agency with the
2350	clerk of the circuit court in the county wherein the program is
2351	located. If the program has filed a petition for bankruptcy, the
2352	agency shall file and enforce the lien in the bankruptcy
2353	proceedings. Otherwise, the lien shall be enforced in the manner
2354	provided in s. 85.011. All funds received by the agency from the
2355	enforcement of the lien shall be deposited in the agency's
2356	Administrative Community Resources Development Trust Fund and
2357	used to fund new loans.
2358	Section 31.  Section 393.17, Florida Statutes, is amended
2359	to read:
2360	393.17  Certification Behavioral programs; certification of
2361	behavior analysts.--
2362	(1)  The agency may establish by rule pursuant to ss.
2363	120.536(1) and 120.54 certification programs in order to ensure
2364	that only qualified employees and service providers provide
2365	client services. Such rules shall include criteria for scope of
2366	practice, qualifications for certification, including training
2367	and testing requirements, continuing education requirements for
2368	ongoing certification, standards of performance, and
2369	decertification procedures to be used to determine when an
2370	individual no longer meets the qualifications for certification
2371	or performance standards and to implement the decertification of
2372	an employee or service provider.
2373	(2)  As provided in subsection (1), the agency shall
2374	establish a certification program for behavior analysts and may
2375	recognize the certification of behavior analysts awarded by a
2376	nonprofit corporation that adheres to the national standards for
2377	professional credentialing boards and whose mission is to meet
2378	the professional credentialing needs identified by behavior
2379	analysts, state governments, and consumers of behavior analysis
2380	services and whose work has the support of the Association for
2381	Behavior Analysis International. The certification program
2382	recognized by the agency must undergo regular psychometric
2383	review and validation, pursuant to a job analysis survey of the
2384	profession and standards established by content experts in the
2385	field.
2386	Section 32.  Section 393.18, Florida Statutes, is created
2387	to read:
2388	393.18  Comprehensive transitional education program.--A
2389	comprehensive transitional education program is a group of
2390	jointly operating centers or units, the collective purpose of
2391	which is to provide a sequential series of educational care,
2392	training, treatment, habilitation, and rehabilitation services
2393	to persons with developmental disabilities and severe or
2394	moderate maladaptive behaviors. However, nothing in this section
2395	shall require such programs to provide services only to persons
2396	with developmental disabilities. All such services shall be
2397	temporary in nature and delivered in a structured residential
2398	setting with the primary goal of incorporating the principle of
2399	self-determination in establishing permanent residence for
2400	persons with maladaptive behaviors in facilities not associated
2401	with the comprehensive transitional education program. The staff
2402	shall include psychologists and teachers who shall be available
2403	to provide services in each component center or unit of the
2404	program. The psychologists shall be individuals who are licensed
2405	in this state and certified as behavior analysts in this state
2406	or who are certified as behavior analysts pursuant to s. 393.17.
2407	(1)  Comprehensive transitional education programs shall
2408	include a minimum of two component centers or units, one of
2409	which shall be either an intensive treatment and educational
2410	center or a transitional training and educational center, which
2411	provide services to persons with maladaptive behaviors in the
2412	following sequential order:
2413	(a)  Intensive treatment and education center.--This
2414	component is a self-contained residential unit that provides
2415	intensive psychological and educational programming for persons
2416	with severe maladaptive behaviors whose behaviors preclude
2417	placement in a less restrictive environment due to the threat of
2418	danger or injury to themselves or others.
2419	(b)  Transitional training and education center.--This
2420	component is a residential unit for persons with moderate
2421	maladaptive behaviors that provides concentrated psychological
2422	and educational programming emphasizing a transition toward a
2423	less restrictive environment.
2424	(c)  Community transition residence.--This component is a
2425	residential center that provides educational programs and the
2426	support services, training, and care needed to assist persons
2427	with maladaptive behaviors to avoid regression to more
2428	restrictive environments while preparing them for more
2429	independent living. Continuous-shift staff shall be required for
2430	this component.
2431	(d)  Alternative living center.--This component is a
2432	residential unit that provides an educational and family living
2433	environment for persons with maladaptive behaviors in a
2434	moderately unrestricted setting. Residential staff shall be
2435	required for this component.
2436	(e)  Independent living education center.--This component
2437	is a facility that provides a family living environment for
2438	persons with maladaptive behaviors in a largely unrestricted
2439	setting which includes education and monitoring appropriate to
2440	support the development of independent living skills.
2441	(2)  Components of a comprehensive transitional education
2442	program are subject to the license issued under s. 393.067 to a
2443	comprehensive transitional education program and may be located
2444	on either single or multiple sites.
2445	(3)  A comprehensive transitional education program shall
2446	develop individual education plans for each person with
2447	maladaptive behaviors who receives services therein. Such
2448	individual education plans shall be developed in accordance with
2449	the criteria specified in 20 U.S.C. ss. 401 et seq., and 34
2450	C.F.R. part 300.
2451	(4)  The total number of persons with maladaptive behaviors
2452	who are provided services in a comprehensive transitional
2453	education program shall not exceed 120 residents.
2454	Section 33.  Section 393.501, Florida Statutes, is amended
2455	to read:
2456	393.501  Rulemaking.--
2457	(1)  The agency may shall adopt rules pursuant to ss.
2458	120.536(1) and 120.54 to carry out its statutory duties the
2459	provisions of this chapter.
2460	(2)  Such rules shall address the number of facilities on a
2461	single lot parcel or on adjacent lots parcels of land, and in
2462	addition, for ICF/MR, the rate and location of facility
2463	development and level of care. In adopting such rules, an
2464	alternative living center and an independent living education
2465	center, as described in s. 393.18, shall be subject to the
2466	provisions of s. 419.001, except that such centers shall be
2467	exempt from the 1,000-foot-radius requirement of s. 419.001(2)
2468	if:
2469	(a)  The centers are located on a site zoned in a manner
2470	that permits all the components of a comprehensive transition
2471	education center to be located on the site; or
2472	(b)  There are no more than three such centers within a
2473	radius of 1,000 feet.
2474	Section 34.  Section 393.506, Florida Statutes, is amended
2475	to read:
2476	393.506  Administration of medication.--
2477	(1)  Notwithstanding the provisions of part I of chapter
2478	464, the Nurse Practice Act, unlicensed direct care providers
2479	who are not otherwise licensed to administer prescription
2480	medications may supervise the self-administration of or services
2481	staff providing services to persons with developmental
2482	disabilities may administer oral, transdermal, ophthalmic, otic,
2483	rectal, inhaled, or topical prescription medications to agency
2484	clients as provided in this section and agency rule.
2485	(a)  For day programs, as defined in s. 393.063, the
2486	director of the facility or program shall designate in writing
2487	unlicensed direct care services staff who are eligible to be
2488	trained to assist in the administration of or to administer
2489	medication.
2490	(b)  For intermediate care facilities for the
2491	developmentally disabled licensed pursuant to part XI of chapter
2492	400, unlicensed staff designated by the director may provide
2493	medication assistance under the general supervision of a
2494	registered nurse licensed pursuant to chapter 464.
2495	(2)  In order to supervise the self-administration of or
2496	administer medications as provided in subsection (1), unlicensed
2497	direct care providers must satisfactorily complete a medication-
2498	administration training course that meets curriculum
2499	requirements specified in agency rule and have been determined
2500	by a registered nurse licensed under chapter 464 to be competent
2501	to supervise the self-administration of or administer
2502	medications to agency clients in a safe and sanitary manner.
2503	Competency must be assessed and validated at least annually in
2504	an onsite client setting, and a registered nurse licensed under
2505	chapter 464 must observe the direct care provider correctly
2506	administer medication to a client. Standards and procedures for
2507	the safe supervision of self-administration and administration
2508	of medication shall be established by agency rule. Each
2509	facility, institution, or program must include in its policies
2510	and procedures a plan for training designated staff to ensure
2511	the safe handling, storage, and administration of prescription
2512	medication. These policies and procedures must be approved by
2513	the agency before unlicensed direct care services staff assist
2514	with medication.
2515	(3)  Unlicensed direct care providers may only supervise or
2516	administer medications to agency clients who have been informed
2517	of and have consented to the supervision of self-administration
2518	or the administration of medication by an unlicensed person.
2519	Such informed consent shall be based on a description of the
2520	medication routes and procedures that the direct care provider
2521	is authorized to supervise or administer and verification that
2522	only those providers that have received appropriate training and
2523	have been validated as competent may provide this assistance.
2524	For the purpose of this section, the term "medication routes"
2525	means the method by which a medication is administered. The
2526	policies and procedures must include, at a minimum, the
2527	following provisions:
2528	(a)  An expressed and informed consent for each client.
2529	(b)  The director of the facility, program, or provider
2530	must maintain a copy of the written prescription, and that
2531	prescription must include the name of the medication, the dosage
2532	and administration schedule, the reason for the prescription,
2533	and the termination date.
2534	(c)  Each prescribed medication shall be kept in its
2535	original container and in a secure location.
2536	(4)  The training required in this section shall be
2537	conducted by a registered nurse or a physician licensed pursuant
2538	to chapter 458 or chapter 459.
2539	Section 35.  Section 393.507, Florida Statutes, is created
2540	to read:
2541	393.507  Citizen support organization.--The Legislature
2542	recognizes that many persons with disabilities and their
2543	families are often isolated and have few opportunities to meet
2544	and interact with similarly situated persons and families in an
2545	informal, supportive, and congenial atmosphere. The Legislature
2546	also finds that the opportunity for exposure to a wide range of
2547	organizations, experts, state agency partners, exhibits, and
2548	providers with information about disability resources is often
2549	limited as well. Such exposure provides informational and
2550	educational opportunities that help educate and empower persons
2551	with disabilities and their families and encourages self-help
2552	and independence, self-advocacy, and participation and promotion
2553	of events and activities which directly affect the interests and
2554	needs of persons with disabilities. The Legislature finds,
2555	therefore, that it is in the public interest to facilitate such
2556	networking through the establishment of a citizen support
2557	organization dedicated to promoting and providing such
2558	opportunities.
2559	(1)  The agency may establish a citizen support
2560	organization that is:
2561	(a)  A not for profit corporation, as defined in s.
2562	501(c)(6) of the Internal Revenue Code of 1986, as amended, that
2563	is incorporated under the provisions of chapter 617 and on file
2564	with the Department of State. The not for profit corporation
2565	shall provide the agency with copies of the organization's
2566	federal Internal Revenue Service Application for Recognition of
2567	Exemption Form 1023, federal Internal Revenue Service Return of
2568	Organization Exempt from Income Tax Form 990, and a current
2569	certificate of status obtained from the Department of State
2570	under s. 617.0128 certifying that the organization is duly
2571	incorporated under the law of this state.
2572	(b)  Organized and operated to conduct programs and
2573	activities; raise funds; request and receive grants, gifts, and
2574	bequests of money; acquire, receive, hold, invest, and
2575	administer, in its own name, securities, funds, or other
2576	property, real or personal; exercise all other corporate powers
2577	specified in chapter 617; and make expenditures to or for the
2578	direct or indirect benefit of the agency and the populations the
2579	agency serves.
2580	(c)  Operating under articles of incorporation and bylaws,
2581	and any amendments thereto, approved by the agency, consistent
2582	with the goals of this section, and in the best interest of the
2583	state, as determined by the agency.
2584	(d)  Not considered an agency for the purposes of chapters
2585	120, 216, and 287; ss. 255.21, 255.25, and 255.254, relating to
2586	leasing of buildings; ss. 283.33 and 283.35, relating to bids
2587	for printing; s. 215.31, relating to the deposit of state funds;
2588	and parts I, II, and IV-VIII of chapter 112, relating to public
2589	employment. However, before the citizen support organization may
2590	enter into a contract or agreement without competitive bidding,
2591	the organization shall file a statement of the conditions and
2592	circumstances with the inspector general of the agency
2593	justifying such contract or agreement.
2594	(2)  The citizen support organization shall be governed by
2595	a board of directors, managed by an executive director, and
2596	staffed by employees and volunteers as are deemed necessary and
2597	appropriate to administer the purposes of the organization. The
2598	executive director shall serve at the pleasure of the board.
2599	(a)  The director of the agency, or his or her designee,
2600	shall be the president of the board.
2601	(b)  In addition to the board president, the board of
2602	directors shall consist of a minimum of six members appointed by
2603	the president. The board members may be selected from a list of
2604	nominees submitted by the executive director of the
2605	organization. Priority for consideration shall be given to
2606	individuals who have an interest in service to persons with
2607	disabilities and who:
2608	1.  Have skills in foundation work or other fundraising
2609	activities, financial consulting, investment banking, or other
2610	related experience; or
2611	2.  Have experience in policymaking or management-level
2612	positions related to persons with disabilities or have otherwise
2613	distinguished themselves in the field of business, industry, or
2614	disability services.
2615	3.  Are persons with disabilities or their family members
2616	who have a strong interest and experience in promoting active
2617	participation in disability issues.
2618	(c)  An employee or a board member may not receive a
2619	commission, fee, or financial benefit in connection with any
2620	activity carried out by the citizen support organization or be a
2621	business associate or close relative of any individual, firm, or
2622	organization in a position to receive a commission, fee, or
2623	financial benefit in connection with any activity carried out by
2624	the organization.
2625	(d)  The executive director or the board may remove any
2626	member for cause and vacancies shall be filled as they occur.
2627	The term "for cause" includes, but is not limited to,
2628	malfeasance, misfeasance, neglect of duty, incompetence, or
2629	permanent inability to perform official duties or for pleading
2630	nolo contendere to, or being found guilty of, a crime.
2631	(e)  A board member's term shall be 4 years. No board
2632	member may serve more than two full consecutive terms.
2633	(f)  Board members shall not receive compensation, but are
2634	entitled to reimbursement for per diem and travel expenses in
2635	accordance with s. 112.061.
2636	(3)  The agency may authorize the citizen support
2637	organization to use the fixed property, facilities, and
2638	administrative and operational support services of the agency,
2639	subject to the provisions of this section. Such use must be
2640	directly in keeping with the approved purposes of the citizen
2641	support organization and may not be made at times or places that
2642	would unreasonably interfere with the operation of the agency or
2643	the general public's use of agency facilities for established
2644	purposes. For the purposes of this subsection, the term
2645	"administrative and operational support services" includes
2646	personnel, purchasing, information technology support, legal
2647	support, and office space and utilities.
2648	(4)  The citizen support organization shall operate under
2649	written contract with the agency. The contract must provide for:
2650	(a)  Oversight by the agency.
2651	(b)  Submission of an annual budget for approval by the
2652	agency in a format specified by the agency.
2653	(c)  The release and conditions of the expenditure of any
2654	state revenues.
2655	(d)  The conditions which the citizen-support organization
2656	must comply with in order to use the property, facilities, or
2657	administrative and operational services of the agency, which
2658	must include arrangement for the appropriate reimbursement for
2659	colocation costs, office space, and other operating expenses.
2660	The agency may in its discretion provide such services at no
2661	cost to the organization.
2662	(e)  Assurance that the citizen support organization will
2663	provide equal employment opportunities to all persons regardless
2664	of race, religion, sex, age, disability, or national origin and
2665	will not expend any funds, regardless of the source, to purchase
2666	membership in, or goods and services from, any organization that
2667	discriminates on the basis of race, religion, sex, age,
2668	disability, or national origin.
2669	(f)  The reversion to the agency of moneys and property
2670	held in trust by the citizen support organization if the
2671	organization is no longer approved to operate for the agency.
2672	(g)  Requiring the fiscal year of the citizen support
2673	organization to begin July 1 of each year and end June 30 of the
2674	following year.
2675	(h)  Requiring the provision of quarterly reports to the
2676	agency on current activities, unaudited financial statements of
2677	the sources and uses of public and private funds, and an annual
2678	report, all of which shall be published on the organization's
2679	website. The annual report shall provide:
2680	1.  A summary of its assets and liabilities annually at the
2681	end of its most recent fiscal year. The audited report required
2682	by s. 215.981(2) shall meet this requirement.
2683	2.  A report on the organization's activities,
2684	accomplishments, and progress towards meeting the organization's
2685	goals and objectives as set forth in this section.
2686	3.  Provide other measures of accountability as requested
2687	by the agency, including:
2688	a.  The disclosure of material provisions of the contract
2689	and the distinction between the agency and the citizen support
2690	organization to donors of gifts, contributions, or bequests, as
2691	well as on all promotional and fundraising publications.
2692	b.  The terms of any other activity that the agency may
2693	contract with the organization to perform. Notwithstanding
2694	chapter 287, the agency may use a sole source contract with the
2695	organization to perform activities that are consistent with the
2696	purposes for which the citizen support organization was created
2697	as specified in this section.
2698	(5)  Moneys of the citizen support organization shall be
2699	held in a separate depository account, outside of the State
2700	Treasury, in the name of the citizen support organization and
2701	subject to the provisions of the contract with the agency. Such
2702	moneys may include private donations, income derived from
2703	fundraising activities, educational and training fees, and
2704	grants applied for and received by the organization. The
2705	organization shall separately account for public funds and
2706	private funds deposited into the corporation's depository
2707	account. The organization is prohibited from giving, either
2708	directly or indirectly, any gift to a political committee or
2709	committee of continuous existence as defined in s. 106.011.
2710	(6)  The citizen support organization shall provide for an
2711	annual financial audit in accordance with s. 215.981. The annual
2712	audit shall be presented to the agency and the Auditor General.
2713	The Auditor General shall have the authority to require and
2714	receive from the corporation or from its independent auditor any
2715	detail or supplemental data relating to the operation of the
2716	organization.
2717	(7)  The purpose or activities of the citizen support
2718	organization shall be to encourage, support, and assist persons
2719	with developmental disabilities and their families to directly
2720	communicate and collaborate with each other, advocacy and
2721	service organizations, experts, state agency partners,
2722	caregivers, and service providers in order to gain knowledge and
2723	skills, exchange information on resources and activities,
2724	provide mutual support, and encourage active participation in
2725	and contribution to events and efforts related to developmental
2726	disability issues. Such activities shall include, but are not
2727	limited to:
2728	(a)  Holding an annual convention for persons with
2729	developmental disabilities and their families and caregivers.
2730	The conventions shall be centrally located and, subject to the
2731	availability of resources, may provide stipends based on
2732	financial need to cover the travel and lodging costs of
2733	participants.
2734	(b)  Providing seminars and training to individuals, family
2735	members, organizations, providers, and other interested persons
2736	on issues relevant to caregiving, coalition building, disability
2737	policy, and other disability issues and concerns. Such training,
2738	if approved by the agency, may be used to meet continuing
2739	education requirements for direct care providers and other
2740	service providers, and revenues raised from such training may be
2741	used to fund the programs and expenses of the citizen support
2742	organization.
2743	(c)  Providing promotional support and general information
2744	to advance better public understanding and appreciation of
2745	persons with developmental disabilities.
2746	(d)  Identifying, initiating, coordinating, or implementing
2747	events and programs designed to foster and facilitate increased
2748	interaction and participation by persons with developmental
2749	disabilities and their families and caretakers.
2750	(e)  Facilitating mentoring and peer support activities
2751	that encourage and support collaboration and participation.
2752	(f)  Encouraging and assisting existing organizations,
2753	associations, and programs to support networking and
2754	participation activities.
2755	(g)  Maintaining a website that provides networking
2756	information and links to organizational and community resources.
2757	(h)  Recognizing outstanding achievements in and
2758	contributions to participation in developmental disability
2759	activities. The agency is authorized to properly recognize and
2760	honor a private donor by placing a plaque or other appropriate
2761	designation noting the contribution to project or program
2762	facilities or by naming project or program facilities after the
2763	person or organization that provided matching funds.
2764	(8)  The Legislature may annually appropriate funds to be
2765	used in conjunction with private donations and fundraising
2766	revenues to support the programs or projects of the citizen
2767	support organization initiated pursuant to this section. In
2768	addition, the organization may receive funds from state agencies
2769	at such times and in such amounts as may be appropriated by the
2770	Legislature or through contracts with state agencies that
2771	achieve the purposes of this section. The organization shall
2772	make recommendations for state funding to the agency and the
2773	agency may include requests for funding in the agency's
2774	legislative budget request, as the director deems appropriate.
2775	Section 36.  Subsection (9) of section 397.405, Florida
2776	Statutes, is amended to read:
2777	397.405  Exemptions from licensure.--The following are
2778	exempt from the licensing provisions of this chapter:
2779	(9)  Facilities licensed under chapter 393 which s. 393.063
2780	that, in addition to providing services to persons with
2781	developmental disabilities who are developmentally disabled as
2782	defined therein, also provide services to persons
2783	developmentally at risk as a consequence of exposure to alcohol
2784	or other legal or illegal drugs while in utero.
2785
2786	The exemptions from licensure in this section do not apply to
2787	any service provider that receives an appropriation, grant, or
2788	contract from the state to operate as a service provider as
2789	defined in this chapter or to any substance abuse program
2790	regulated pursuant to s. 397.406. Furthermore, this chapter may
2791	not be construed to limit the practice of a physician licensed
2792	under chapter 458 or chapter 459, a psychologist licensed under
2793	chapter 490, or a psychotherapist licensed under chapter 491 who
2794	provides substance abuse treatment, so long as the physician,
2795	psychologist, or psychotherapist does not represent to the
2796	public that he or she is a licensed service provider and does
2797	not provide services to clients pursuant to part V of this
2798	chapter. Failure to comply with any requirement necessary to
2799	maintain an exempt status under this section is a misdemeanor of
2800	the first degree, punishable as provided in s. 775.082 or s.
2801	775.083.
2802	Section 37.  Subsection (13) of section 400.419, Florida
2803	Statutes, is amended to read:
2804	400.419  Violations; imposition of administrative fines;
2805	grounds.--
2806	(13)  The agency shall develop and disseminate an annual
2807	list of all facilities sanctioned or fined $5,000 or more for
2808	violations of state standards, the number and class of
2809	violations involved, the penalties imposed, and the current
2810	status of cases. The list shall be disseminated, at no charge,
2811	to the Department of Elderly Affairs, the Department of Health,
2812	the Department of Children and Family Services, the Agency for
2813	Persons with Disabilities, the area agencies on aging, the
2814	Florida Statewide Advocacy Council, and the state and local
2815	ombudsman councils. The Department of Children and Family
2816	Services shall disseminate the list to service providers under
2817	contract to the department who are responsible for referring
2818	persons to a facility for residency. The agency may charge a fee
2819	commensurate with the cost of printing and postage to other
2820	interested parties requesting a copy of this list.
2821	Section 38.  Section 400.960, Florida Statutes, is amended
2822	to read:
2823	400.960  Definitions.--As used in this part, the term:
2824	(1)  "Active treatment" means the provision of services by
2825	an interdisciplinary team which are necessary to maximize a
2826	client's individual independence or prevent regression or loss
2827	of functional status.
2828	(1)(2)  "Agency" means the Agency for Health Care
2829	Administration.
2830	(2)(3)  "Autism" means a pervasive, neurologically based
2831	developmental disability of extended duration which causes
2832	severe learning, communication, and behavior disorders with age
2833	of onset during infancy or childhood. Individuals with autism
2834	exhibit impairment in reciprocal social interaction, impairment
2835	in verbal and nonverbal communication and imaginative ability,
2836	and a markedly restricted repertoire of activities and
2837	interests.
2838	(3)(4)  "Cerebral palsy" means a group of disabling
2839	symptoms of extended duration which results from damage to the
2840	developing brain occurring before, during, or after birth and
2841	resulting in the loss or impairment of control over voluntary
2842	muscles. The term does not include those symptoms or impairments
2843	resulting solely from a stroke.
2844	(4)(5)  "Client" means any person determined by the agency
2845	department to be eligible for developmental services.
2846	(6)  "Client advocate" means a friend or relative of the
2847	client, or of the client's immediate family, who advocates for
2848	the best interests of the client in any proceedings under this
2849	part in which the client or his or her family has the right or
2850	duty to participate.
2851	(7)  "Department" means the Department of Children and
2852	Family Services.
2853	(5)(8)  "Developmental disability" means a disorder or
2854	syndrome that is attributable to retardation, cerebral palsy,
2855	autism, spina bifida, or Prader-Willi syndrome and that
2856	constitutes a substantial handicap that can reasonably be
2857	expected to continue indefinitely.
2858	(6)(9)  "Direct care service provider" means a person 18
2859	years of age or older who has direct contact with individuals
2860	with developmental disabilities and who is unrelated to the
2861	individuals with developmental disabilities.
2862	(10)  "Epilepsy" means a chronic brain disorder of various
2863	causes which is characterized by recurrent seizures due to
2864	excessive discharge of cerebral neurons. When found concurrently
2865	with retardation, autism, or cerebral palsy, epilepsy is
2866	considered a secondary disability for which the client is
2867	eligible to receive services to ameliorate this condition
2868	according to the provisions of this part.
2869	(11)  "Guardian advocate" means a person appointed by the
2870	circuit court to represent a person with developmental
2871	disabilities in any proceedings brought pursuant to s. 393.12,
2872	and is distinct from a guardian advocate for mentally ill
2873	persons under chapter 394.
2874	(7)(12)  "Intermediate care facility for persons with
2875	developmental disabilities the developmentally disabled" means a
2876	residential facility licensed and certified in accordance with
2877	state law, and certified by the Federal Government, pursuant to
2878	the Social Security Act, as a provider of Medicaid services to
2879	persons with developmental disabilities who are developmentally
2880	disabled.
2881	(8)(13)  "Prader-Willi syndrome" means an inherited
2882	condition typified by neonatal hypotonia with failure to thrive,
2883	hyperphagia, or an excessive drive to eat which leads to
2884	obesity, usually at 18 to 36 months of age, mild to moderate
2885	retardation, hypogonadism, short stature, mild facial
2886	dysmorphism, and a characteristic neurobehavior.
2887	(9)(14)  "Retardation" means significantly subaverage
2888	general intellectual functioning existing concurrently with
2889	deficits in adaptive behavior and manifested during the period
2890	from conception to age 18. "Significantly subaverage general
2891	intellectual functioning," for the purpose of this definition,
2892	means performance that is two or more standard deviations from
2893	the mean score on a standardized intelligence test specified in
2894	rules of the department. "Deficits in adaptive behavior," for
2895	the purpose of this definition, means deficits in the
2896	effectiveness or degree with which an individual meets the
2897	standards of personal independence and social responsibility
2898	expected of his or her age, cultural group, and community.
2899	(10)(15)  "Spina bifida" means a medical diagnosis of spina
2900	bifida cystica or myelomeningocele.
2901	Section 39.  Subsection (3) of section 400.963, Florida
2902	Statutes, is amended to read:
2903	400.963  Injunctive proceedings.--The Agency for Health
2904	Care Administration may seek a temporary or permanent injunction
2905	to:
2906	(3)  Terminate the operation of a provider of supports or
2907	services who has willfully and knowingly refused to comply with
2908	the screening requirement for direct care service providers or
2909	has refused to terminate direct care service providers found not
2910	to be in compliance with the requirements for good moral
2911	character.
2912	Section 40.  Subsection (1) of section 400.964, Florida
2913	Statutes, is amended to read:
2914	400.964  Personnel screening requirement.--
2915	(1)  The agency shall require level 2 background screening
2916	as provided in chapter 435 for all employees or prospective
2917	employees of facilities licensed under this part who are
2918	expected to be, or whose responsibilities are such that they
2919	would be considered to be, a direct care service provider.
2920	Section 41.  Subsection (2) of section 400.967, Florida
2921	Statutes, is amended to read:
2922	400.967  Rules and classification of deficiencies.--
2923	(2)  Pursuant to the intention of the Legislature, the
2924	agency, in consultation with the Agency for Persons with
2925	Disabilities Department of Children and Family Services and the
2926	Department of Elderly Affairs, shall adopt and enforce rules to
2927	administer this part, which shall include reasonable and fair
2928	criteria governing:
2929	(a)  The location and construction of the facility;
2930	including fire and life safety, plumbing, heating, cooling,
2931	lighting, ventilation, and other housing conditions that will
2932	ensure the health, safety, and comfort of residents. The agency
2933	shall establish standards for facilities and equipment to
2934	increase the extent to which new facilities and a new wing or
2935	floor added to an existing facility after July 1, 2000, are
2936	structurally capable of serving as shelters only for residents,
2937	staff, and families of residents and staff, and equipped to be
2938	self-supporting during and immediately following disasters. The
2939	Agency for Health Care Administration shall work with facilities
2940	licensed under this part and report to the Governor and the
2941	Legislature by April 1, 2000, its recommendations for cost-
2942	effective renovation standards to be applied to existing
2943	facilities. In making such rules, the agency shall be guided by
2944	criteria recommended by nationally recognized, reputable
2945	professional groups and associations having knowledge concerning
2946	such subject matters. The agency shall update or revise such
2947	criteria as the need arises. All facilities must comply with
2948	those lifesafety code requirements and building code standards
2949	applicable at the time of approval of their construction plans.
2950	The agency may require alterations to a building if it
2951	determines that an existing condition constitutes a distinct
2952	hazard to life, health, or safety. The agency shall adopt fair
2953	and reasonable rules setting forth conditions under which
2954	existing facilities undergoing additions, alterations,
2955	conversions, renovations, or repairs are required to comply with
2956	the most recent updated or revised standards.
2957	(b)  The number and qualifications of all personnel,
2958	including management, medical nursing, and other personnel,
2959	having responsibility for any part of the care given to
2960	residents.
2961	(c)  All sanitary conditions within the facility and its
2962	surroundings, including water supply, sewage disposal, food
2963	handling, and general hygiene, which will ensure the health and
2964	comfort of residents.
2965	(d)  The equipment essential to the health and welfare of
2966	the residents.
2967	(e)  A uniform accounting system.
2968	(f)  The care, treatment, and maintenance of residents and
2969	measurement of the quality and adequacy thereof.
2970	(g)  The preparation and annual update of a comprehensive
2971	emergency management plan. The agency shall adopt rules
2972	establishing minimum criteria for the plan after consultation
2973	with the Department of Community Affairs. At a minimum, the
2974	rules must provide for plan components that address emergency
2975	evacuation transportation; adequate sheltering arrangements;
2976	postdisaster activities, including emergency power, food, and
2977	water; postdisaster transportation; supplies; staffing;
2978	emergency equipment; individual identification of residents and
2979	transfer of records; and responding to family inquiries. The
2980	comprehensive emergency management plan is subject to review and
2981	approval by the local emergency management agency. During its
2982	review, the local emergency management agency shall ensure that
2983	the following agencies, at a minimum, are given the opportunity
2984	to review the plan: the Department of Elderly Affairs, the
2985	Agency for Persons with Disabilities Department of Children and
2986	Family Services, the Agency for Health Care Administration, and
2987	the Department of Community Affairs. Also, appropriate volunteer
2988	organizations must be given the opportunity to review the plan.
2989	The local emergency management agency shall complete its review
2990	within 60 days and either approve the plan or advise the
2991	facility of necessary revisions.
2992	(h)  Each licensee shall post its license in a prominent
2993	place that is in clear and unobstructed public view at or near
2994	the place where residents are being admitted to the facility.
2995	Section 42.  Section 402.115, Florida Statutes, is amended
2996	to read:
2997	402.115  Sharing confidential or exempt
2998	information.--Notwithstanding any other provision of law to the
2999	contrary, the Department of Health, and the Department of
3000	Children and Family Services, and the Agency for Persons with
3001	Disabilities may share confidential information or information
3002	exempt from disclosure under chapter 119 on any individual who
3003	is or has been the subject of a program within the jurisdiction
3004	of each agency. Information so exchanged remains confidential or
3005	exempt as provided by law.
3006	Section 43.  Section 402.17, Florida Statutes, is amended
3007	to read:
3008	402.17  Claims for care and maintenance; trust
3009	property.--The Department of Children and Family Services and
3010	the Agency for Persons with Disabilities shall protect the
3011	financial interest of the state with respect to claims which the
3012	state may have for the care and maintenance of clients of the
3013	department or agency. The department or the agency shall, as
3014	trustee, hold in trust and administer money of clients and
3015	property designated for the personal benefit of clients. The
3016	department or the agency shall act as trustee of clients' money
3017	and property entrusted to it in accordance with the usual
3018	fiduciary standards applicable generally to trustees, and shall
3019	act to protect both the short-term and long-term interests of
3020	the clients for whose benefit it is holding such money and
3021	property.
3022	(1)  CLAIMS FOR CARE AND MAINTENANCE.--
3023	(a)  The department or the agency shall perform the
3024	following acts:
3025	1.  Receive and supervise the collection of sums due the
3026	state.
3027	2.  Bring any court action necessary to collect any claim
3028	the state may have against any client, former client, guardian
3029	of any client or former client, executor or administrator of the
3030	client's estate, or any person against whom any client or former
3031	client may have a claim.
3032	3.  Obtain a copy of any inventory or appraisal of the
3033	client's property filed with any court.
3034	4.  Obtain from the department's Economic Self-Sufficiency
3035	Services Program Office a financial status report on any client
3036	or former client, including the ability of third parties
3037	responsible for such client to pay all or part of the cost of
3038	the client's care and maintenance.
3039	5.  Petition the court for appointment of a guardian or
3040	administrator for an otherwise unrepresented client or former
3041	client should the financial status report or other information
3042	indicate the need for such action. The cost of any such action
3043	shall be charged against the assets or estate of the client.
3044	6.  Represent the interest of the state in any litigation
3045	in which a client or former client is a party.
3046	7.  File claims with any person, firm, or corporation or
3047	with any federal, state, county, district, or municipal agency
3048	on behalf of an unrepresented client.
3049	8.  Represent the state in the settlement of the estates of
3050	deceased clients or in the settlement of estates in which a
3051	client or a former client against whom the state may have a
3052	claim has a financial interest.
3053	9.  Establish procedures by rule for the use of amounts
3054	held in trust for the client to pay for the cost of care and
3055	maintenance, if such amounts would otherwise cause the client to
3056	become ineligible for services which are in the client's best
3057	interests.
3058	(b)  The department or the agency of Children and Family
3059	Services may charge off accounts if it certifies that the
3060	accounts are uncollectible after diligent efforts have been made
3061	to collect them. If the department certifies an account to the
3062	Department of Financial Services, setting forth the
3063	circumstances upon which it predicates the uncollectibility, and
3064	if, pursuant to s. 17.04, the Department of Financial Services
3065	concurs, the account shall be charged off.
3066	(2)  MONEY OR OTHER PROPERTY RECEIVED FOR PERSONAL USE OR
3067	BENEFIT OF ANY CLIENT.--The department or the agency shall
3068	perform the following acts:
3069	(a)  Accept and administer in trust, as a trustee having a
3070	fiduciary responsibility to a client of the department, any
3071	money or other property received for personal use or benefit of
3072	that client. In the case of children in the legal custody of the
3073	department, following the termination of the parental rights as
3074	to that client, until the child such client leaves the legal
3075	custody of the department due to the client's adoption or
3076	attaining because the client attains the age of 18 or, in the
3077	case of children who are otherwise in the custody of the
3078	department, the court having jurisdiction over such child client
3079	shall have jurisdiction, upon application of the department or
3080	other interested party, to review or approve any extraordinary
3081	action of the department acting as trustee as to the child's
3082	client's money or other property. When directed by a court of
3083	competent jurisdiction, the department may further hold money or
3084	property of a child person under the age of 18 who has been in
3085	the care, custody, or control of the department and who is the
3086	subject of a court proceeding during the pendency of that
3087	proceeding.
3088	(b)  Deposit the money in banks qualified as state
3089	depositories, or in any bank, credit union, or savings and loan
3090	association authorized to do business in this state, provided
3091	moneys so deposited or held by such institutions are fully
3092	insured by a federal depository or share insurance program, or
3093	an approved state depository or share insurance program, and are
3094	available on demand.
3095	(c)  Withdraw the money and use it to meet current needs of
3096	clients. For purposes of this paragraph, "current needs"
3097	includes payment of fees assessed under s. 402.33. The amount of
3098	money withdrawn by the department to meet current needs of a
3099	client shall take into account the need of the department or the
3100	agency, as the trustee of a client's money and property, to
3101	provide for the long-term needs of a client, including, but not
3102	limited to, ensuring that to provide for the need of a client
3103	under the age of 18 will to have sufficient financial resources
3104	available to be able to function as an adult upon attaining
3105	reaching the age of 18, meeting or to meet the special needs of
3106	a client who has a disability and whose special needs cannot
3107	otherwise be met by any form of public assistance or family
3108	resources, or maintaining to maintain the client's eligibility
3109	for public assistance, including medical assistance, under state
3110	or federal law.
3111	(d)  As trustee, invest in the manner authorized by law for
3112	fiduciaries money not used for current needs of clients. Such
3113	investments may include, but shall not be limited to,
3114	investments in savings share accounts of any credit union
3115	chartered under the laws of the United States and doing business
3116	in this state, and savings share accounts of any credit union
3117	chartered under the laws of this state, provided the credit
3118	union is insured under the federal share insurance program or an
3119	approved state share insurance program.
3120	(3)  DEPOSIT OF FUNDS RECEIVED.--Funds received by the
3121	Department of Children and Family Services in accordance with s.
3122	402.33 shall be deposited into a trust fund for the operation of
3123	the department.
3124	(4)  DISPOSITION OF UNCLAIMED TRUST FUNDS.--Upon the death
3125	of any client affected by the provisions of this section, any
3126	unclaimed money held in trust by the department, the agency, or
3127	by the Chief Financial Officer for the client him or her shall
3128	be applied first to the payment of any unpaid claim of the state
3129	against the client, and any balance remaining unclaimed for a
3130	period of 1 year shall escheat to the state as unclaimed funds
3131	held by fiduciaries.
3132	(5)  LEGAL REPRESENTATION.--To the extent that the budget
3133	will permit, the Department of Legal Affairs shall furnish the
3134	legal services to carry out the provisions of this section. Upon
3135	the request of the department or the agency of Children and
3136	Family Services, the various state and county attorneys shall
3137	assist in litigation within their jurisdiction. The Such
3138	department or the agency may retain legal counsel for necessary
3139	legal services which cannot be furnished by the Department of
3140	Legal Affairs and the various state and county attorneys.
3141	(6)  DEPOSIT OR INVESTMENT OF FUNDS OF CLIENTS.--
3142	(a)  The department or the agency of Children and Family
3143	Services may deposit any funds of clients in its possession in
3144	any bank in the state or may invest or reinvest such funds in
3145	bonds or obligations of the United States for the payment of
3146	which the full faith and credit of the United States is pledged.
3147	For purposes of deposit only, the funds of any client may be
3148	mingled with the funds of any other clients.
3149	(b)  The interest or increment accruing on such funds shall
3150	be the property of the clients and shall be used or conserved
3151	for the personal use or benefit of the individual client, in
3152	accordance with the department's or the agency's fiduciary
3153	responsibility as a trustee for the money and property of the
3154	client held by the department. Such interest shall not accrue to
3155	the general welfare of all clients. Whenever any proposed action
3156	of the department or the agency, acting in its own interest, may
3157	conflict with the department's or the agency's obligation as a
3158	trustee with a fiduciary responsibility to the client, the
3159	department or the agency shall promptly present the matter to a
3160	court of competent jurisdiction for the court's determination as
3161	to what action the department or the agency may take. The
3162	department and the agency shall establish rules governing
3163	reasonable fees by rule for the cost of administering such
3164	accounts and for establishing the minimum balance eligible to
3165	earn interest.
3166	(7)  DISPOSITION OF MONEY AND PROPERTY OF CLIENTS UPON
3167	ATTAINING AGE 18 OR DISCHARGE FROM CARE, CUSTODY, CONTROL, OR
3168	SERVICES OF THE DEPARTMENT.--
3169	(a)  Whenever a client of the department for whom the
3170	department is holding money or property as a trustee attains the
3171	age of 18, and thereby will no longer be in the legal custody of
3172	the department, the department shall promptly disburse such
3173	money and property of the client the department has held as a
3174	trustee to that client, or as that client directs, as soon as
3175	practicable once the client attains the age of 18.
3176	(b)  Whenever a client of the department over the age of 18
3177	for whom the department is holding money or property as a
3178	trustee no longer requires the care, custody, control, or
3179	services of the department, the department shall promptly
3180	disburse such money and property of the client the department
3181	has held as a trustee to that client, or as that client or a
3182	court directs, as soon as practicable.
3183	(c)  When a client under the age of 18 who has been in the
3184	legal custody, care, or control of the department and for whom
3185	the department is holding money or property as a trustee attains
3186	the age of 18 and has a physical or mental disability, or is
3187	otherwise incapacitated or incompetent to handle that client's
3188	own financial affairs, the department shall apply for a court
3189	order from a court of competent jurisdiction to establish a
3190	trust on behalf of that client. Where there is no willing
3191	relative of the client acceptable to the court available to
3192	serve as trustee of such proposed trust, the court may enter an
3193	order authorizing the department to serve as trustee of a
3194	separate trust under such terms and conditions as the court
3195	determines appropriate to the circumstances.
3196	(d)  When a client under the age of 18 who has been in the
3197	legal custody, care, or control of the department and for whom
3198	the department is holding money or property as a trustee leaves
3199	the care, custody, and control of the department due to adoption
3200	or placement of the client with a relative, or as otherwise
3201	directed by a court of competent jurisdiction, the department
3202	shall notify that court of the existence of such the money and
3203	property in the possession of the department either prior to, or
3204	promptly after, receiving knowledge of the change of custody,
3205	care, or control. The department shall apply for an order from
3206	the court exercising jurisdiction over the client to direct the
3207	disposition of the money and property belonging to that client.
3208	The court order may establish a trust in which the money and
3209	property of the client will be deposited, appoint a guardian of
3210	a property as to the money or property of the client, or direct
3211	the creation of a Uniform Transfers Gifts to Minors Act account
3212	on behalf of that client, as the court finds appropriate and
3213	under the terms and conditions the court determines appropriate
3214	to the circumstances.
3215	Section 44.  Section 402.181, Florida Statutes, is amended
3216	to read:
3217	402.181  State Institutions Claims Program.--
3218	(1)  There is created a State Institutions Claims Program,
3219	for the purpose of making restitution for property damages and
3220	direct medical expenses for injuries caused by shelter children
3221	or foster children, or escapees, inmates, or patients of state
3222	institutions under the Department of Children and Family
3223	Services, the Department of Health, the Department of Juvenile
3224	Justice, or the Department of Corrections, or the Agency for
3225	Persons with Disabilities.
3226	(2)  Claims for restitution may be filed with the
3227	Department of Legal Affairs at its office in accordance with
3228	regulations prescribed by the Department of Legal Affairs. The
3229	Department of Legal Affairs shall have full power and authority
3230	to hear, investigate, and determine all questions in respect to
3231	such claims and is authorized, within the limits of current
3232	appropriations, to pay individual claims up to $1,000 or, with
3233	respect to children in foster care and their families,
3234	individual claims up to $1,500. Claims in excess of these
3235	amounts shall continue to require legislative approval.
3236	(3)(a)  The Department of Legal Affairs shall make or cause
3237	to be made such investigations as it considers necessary in
3238	respect to such claims. Hearings shall be held in accordance
3239	with chapter 120.
3240	(b)  The Department of Legal Affairs shall work with the
3241	Department of Children and Family Services, the Department of
3242	Health, the Department of Juvenile Justice, and the Department
3243	of Corrections, and the Agency for Persons with Disabilities to
3244	streamline the process of investigations, hearings, and
3245	determinations with respect to claims under this section, to
3246	ensure that eligible claimants receive restitution within a
3247	reasonable time.
3248	Section 45.  Section 402.20, Florida Statutes, is amended
3249	to read:
3250	402.20  County contracts authorized for services and
3251	facilities for in mental health and developmental disabilities
3252	retardation areas.--The boards of county commissioners are
3253	authorized to provide monetary grants and facilities, and to
3254	enter into renewable contracts, for services and facilities, for
3255	a period not to exceed 2 years, with public and private
3256	hospitals, clinics, and laboratories; other state agencies,
3257	departments, or divisions; the state colleges and universities;
3258	the community colleges; private colleges and universities;
3259	counties; municipalities; towns; townships; and any other
3260	governmental unit or nonprofit organization which provides
3261	needed facilities for persons with mental illness or
3262	developmental disabilities the mentally ill or retarded. These
3263	services are hereby declared to be for a public and county
3264	purpose. The county commissioners may make periodic inspections
3265	to assure that the services or facilities provided under this
3266	chapter meet the standards of the Department of Children and
3267	Family Services and the Agency for Persons with Disabilities.
3268	Section 46.  Subsections (1) through (6) of section 402.22,
3269	Florida Statutes, are amended to read:
3270	402.22  Education program for students who reside in
3271	residential care facilities operated by the Department of
3272	Children and Family Services and the Agency for Persons with
3273	Disabilities.--
3274	(1)(a)  The Legislature recognizes that the Department of
3275	Children and Family Services and the Agency for Persons with
3276	Disabilities have under their has under its residential care
3277	students with critical problems of physical impairment,
3278	emotional disturbance, mental impairment, and learning
3279	impairment.
3280	(b)  The Legislature recognizes the vital role of education
3281	in the rehabilitation of such students. It is the intent of the
3282	Legislature that all such students benefit from educational
3283	services and receive such services.
3284	(c)  It is the intent of the Legislature that educational
3285	services be coordinated with appropriate and existing diagnostic
3286	and evaluative, social, followup, and other therapeutic services
3287	of the department and the agency of Children and Family Services
3288	so that the effect of the total rehabilitation process is
3289	maximized.
3290	(d)  It is the intent of the Legislature that, as
3291	educational programs for students in residential care facilities
3292	are implemented by the district school board, educational
3293	personnel in the Department of Children and Family Services
3294	residential care facilities who meet the qualifications for
3295	employees of the district school board be employed by the
3296	district school board.
3297	(2)  District school boards shall establish educational
3298	programs for all students ages 5 through 18 under the
3299	residential care of the Department of Children and Family
3300	Services and the Agency for Persons with Disabilities and may
3301	provide for students below age 3 as provided for in s.
3302	1003.21(1)(e). Funding of such programs shall be pursuant to s.
3303	1011.62.
3304	(3)  Notwithstanding any provisions of chapters 39, 393,
3305	394, and 397 to the contrary, the services of the Department of
3306	Children and Family Services and the Agency for Persons with
3307	Disabilities and those of the Department of Education and
3308	district school boards shall be mutually supportive and
3309	complementary of each other. The education programs provided by
3310	the district school board shall meet the standards prescribed by
3311	the State Board of Education and the district school board.
3312	Decisions regarding the design and delivery of Department of
3313	Children and Family Services or agency treatment or habilitative
3314	services shall be made by interdisciplinary teams of
3315	professional and paraprofessional staff of which appropriate
3316	district school system administrative and instructional
3317	personnel shall be invited to be participating members. The
3318	requirements for maintenance of confidentiality as prescribed in
3319	chapters 39, 393, 394, and 397 shall be applied to information
3320	used by such interdisciplinary teams, and such information shall
3321	be exempt from the provisions of ss. 119.07(1) and 286.011.
3322	(4)  Students age 18 and under who are under the
3323	residential care of the Department of Children and Family
3324	Services or the Agency for Persons with Disabilities and who
3325	receive an education program shall be calculated as full-time
3326	equivalent student membership in the appropriate cost factor as
3327	provided for in s. 1011.62(1)(c). Residential care facilities of
3328	the Department of Children and Family Services shall include,
3329	but not be limited to, developmental disabilities services
3330	institutions and state mental health facilities. All students
3331	shall receive their education program from the district school
3332	system, and funding shall be allocated through the Florida
3333	Education Finance Program for the district school system.
3334	(5)  Instructional and special educational services which
3335	are provided to mental health and retardation clients with
3336	mental illness or developmental disabilities of in the
3337	Department of Children and Family Services or the Agency for
3338	Persons with Disabilities residential care facilities by local
3339	school districts shall not be less than 180 days or 900 hours;
3340	however, the 900 hours may be distributed over a 12-month
3341	period, unless otherwise stated in rules developed by the State
3342	Board of Education, with the concurrence of the department or
3343	the agency, and adopted of Children and Family Services
3344	promulgated pursuant to subsection (6).
3345	(6)  The State Board of Education, and the Department of
3346	Children and Family Services, and the Agency for Persons with
3347	Disabilities shall have the authority to adopt promulgate rules
3348	which shall assist in the orderly transfer of the instruction of
3349	students from department or agency of Children and Family
3350	Services residential care facilities to the district school
3351	system or to the public education agency and which shall assist
3352	in implementing the specific intent as stated in this act.
3353	Section 47.  Subsections (1) and (2) of section 402.33,
3354	Florida Statutes, are amended to read:
3355	402.33  Department authority to charge fees for services
3356	provided.--
3357	(1)  As used in this section, the term:
3358	(a)  "Benefit payments" means cash payments from
3359	retirement, survivors, or disability insurance or from
3360	supplemental security income programs, and includes, but is not
3361	limited to, payments from social security, railroad retirement,
3362	and the United States Department of Veterans Affairs.
3363	(b)  "Client" means any natural person receiving services
3364	provided by the department, including supervision, care, and
3365	maintenance, but not as a licensee subject to regulation by the
3366	department for purposes of licensure.
3367	(c)  "Department" means the Department of Children and
3368	Family Services, and the Department of Health, or the Agency for
3369	Persons with Disabilities.
3370	(d)  "Fee collections" means all fees collected by the
3371	department for services provided to clients.
3372	(e)  "Representative payee" means an individual or entity
3373	which acts on behalf of a client as the receiver of any or all
3374	benefits owing to the client.
3375	(f)  "Responsible party" means any person legally
3376	responsible for the financial support of the client and may
3377	include a minor client's natural or adoptive parent, a client's
3378	spouse, and an estate or trust established for the financial
3379	support of a client, but not a payor of third-party benefits.
3380	(g)  "State and federal aid" means cash assistance or cash
3381	equivalent benefits based on an individual's proof of financial
3382	need, including, but not limited to, temporary cash assistance
3383	and food stamps.
3384	(h)  "Third-party benefits" means moneys received by or
3385	owing to a client or responsible party because of the client's
3386	need for or receipt of services such as those provided by the
3387	department. Such benefits include, but are not limited to,
3388	benefits from insurers, Medicare, and workers' compensation.
3389	(2)  The department, in accordance with rules established
3390	by it, shall either charge, assess, or collect, or cause to be
3391	charged, assessed, or collected, fees for any service it
3392	provides to its clients either directly or through its agencies
3393	or contractors, except for:
3394	(a)  Diagnosis and evaluation procedures necessary to
3395	determine the client's eligibility and need for services
3396	provided by the department;
3397	(b)  Customary and routine information and referral
3398	services;
3399	(c)  Educational services provided in lieu of public
3400	education;
3401	(d)  Specific services exempted by law from fee assessment;
3402	(e)  Emergency shelter or emergency detention care and
3403	custody prior to a detention hearing under chapter 39;
3404	(f)  Specific classes or types of services provided in
3405	programs funded by grants, donations, or contracts that prohibit
3406	charging fees;
3407	(g)  Developmental disability services provided under
3408	chapter 393 to any person who is determined to be eligible for
3409	such services by the department and whose earned income falls
3410	below the federal Health and Human Services Poverty Guidelines,
3411	unless such fees are collected from third-party benefits and
3412	benefit payments; or
3413	(h)  Any type of service for which the department
3414	determines that the net estimated revenue from such fees after
3415	deducting any loss of funds from federal grants occasioned by
3416	such fees will be less than the estimated cost to charge and
3417	collect such fees.
3418
3419	Fees, other than third-party benefits and benefit payments, may
3420	not be charged for services provided to indigents whose only
3421	sources of income are from state and federal aid. In addition,
3422	fees may not be charged parents of a minor client for services
3423	requested by the minor without parental consent or for services
3424	provided a minor client who has been permanently committed to
3425	the care and custody of the department with parental rights
3426	permanently severed. However, lack of parental consent does not
3427	preclude the charging of fees established under chapter 39. The
3428	department may not require A client who is receiving wages which
3429	are below the minimum wage under the federal Fair Labor
3430	Standards Act shall not be required to pay fees from such wages.
3431	Voluntary payments for services must be encouraged.
3432	Section 48.  Paragraphs (r) and (s) of subsection (3) of
3433	section 408.036, Florida Statutes, are amended to read:
3434	408.036  Projects subject to review; exemptions.--
3435	(3)  EXEMPTIONS.--Upon request, the following projects are
3436	subject to exemption from the provisions of subsection (1):
3437	(r)  For beds in state mental health treatment facilities
3438	operated under s. 394.455(30) and state mental health forensic
3439	facilities operated under s. 916.106(10)(8).
3440	(s)  For beds in state developmental disabilities services
3441	institutions as defined in s. 393.063.
3442	Section 49.  Paragraph (a) of subsection (2) and subsection
3443	(8) of section 409.908, Florida Statutes, are amended to read:
3444	409.908  Reimbursement of Medicaid providers.--Subject to
3445	specific appropriations, the agency shall reimburse Medicaid
3446	providers, in accordance with state and federal law, according
3447	to methodologies set forth in the rules of the agency and in
3448	policy manuals and handbooks incorporated by reference therein.
3449	These methodologies may include fee schedules, reimbursement
3450	methods based on cost reporting, negotiated fees, competitive
3451	bidding pursuant to s. 287.057, and other mechanisms the agency
3452	considers efficient and effective for purchasing services or
3453	goods on behalf of recipients. If a provider is reimbursed based
3454	on cost reporting and submits a cost report late and that cost
3455	report would have been used to set a lower reimbursement rate
3456	for a rate semester, then the provider's rate for that semester
3457	shall be retroactively calculated using the new cost report, and
3458	full payment at the recalculated rate shall be effected
3459	retroactively. Medicare-granted extensions for filing cost
3460	reports, if applicable, shall also apply to Medicaid cost
3461	reports. Payment for Medicaid compensable services made on
3462	behalf of Medicaid eligible persons is subject to the
3463	availability of moneys and any limitations or directions
3464	provided for in the General Appropriations Act or chapter 216.
3465	Further, nothing in this section shall be construed to prevent
3466	or limit the agency from adjusting fees, reimbursement rates,
3467	lengths of stay, number of visits, or number of services, or
3468	making any other adjustments necessary to comply with the
3469	availability of moneys and any limitations or directions
3470	provided for in the General Appropriations Act, provided the
3471	adjustment is consistent with legislative intent.
3472	(2)(a)1.  Reimbursement to nursing homes licensed under
3473	part II of chapter 400 and state-owned-and-operated intermediate
3474	care facilities for the persons with developmental disabilities
3475	developmentally disabled licensed under part XI of chapter 400
3476	chapter 393 must be made prospectively.
3477	2.  Unless otherwise limited or directed in the General
3478	Appropriations Act, reimbursement to hospitals licensed under
3479	part I of chapter 395 for the provision of swing-bed nursing
3480	home services must be made on the basis of the average statewide
3481	nursing home payment, and reimbursement to a hospital licensed
3482	under part I of chapter 395 for the provision of skilled nursing
3483	services must be made on the basis of the average nursing home
3484	payment for those services in the county in which the hospital
3485	is located. When a hospital is located in a county that does not
3486	have any community nursing homes, reimbursement shall must be
3487	determined by averaging the nursing home payments, in counties
3488	that surround the county in which the hospital is located.
3489	Reimbursement to hospitals, including Medicaid payment of
3490	Medicare copayments, for skilled nursing services shall be
3491	limited to 30 days, unless a prior authorization has been
3492	obtained from the agency. Medicaid reimbursement may be extended
3493	by the agency beyond 30 days, and approval must be based upon
3494	verification by the patient's physician that the patient
3495	requires short-term rehabilitative and recuperative services
3496	only, in which case an extension of no more than 15 days may be
3497	approved. Reimbursement to a hospital licensed under part I of
3498	chapter 395 for the temporary provision of skilled nursing
3499	services to nursing home residents who have been displaced as
3500	the result of a natural disaster or other emergency may not
3501	exceed the average county nursing home payment for those
3502	services in the county in which the hospital is located and is
3503	limited to the period of time which the agency considers
3504	necessary for continued placement of the nursing home residents
3505	in the hospital.
3506	(8)  A provider of home-based or community-based services
3507	rendered pursuant to a federally approved waiver shall be
3508	reimbursed based on an established or negotiated rate for each
3509	service. These rates shall be established according to an
3510	analysis of the expenditure history and prospective budget
3511	developed by each contract provider participating in the waiver
3512	program, or under any other methodology adopted by the agency
3513	and approved by the Federal Government in accordance with the
3514	waiver. Effective July 1, 1996, Privately owned and operated
3515	community-based residential facilities which meet agency
3516	requirements and which formerly received Medicaid reimbursement
3517	for the optional intermediate care facility for the mentally
3518	retarded service may participate in the developmental services
3519	waiver as part of a home-and-community-based continuum of care
3520	for Medicaid recipients who receive waiver services.
3521	Section 50.  Subsection (3) of section 409.9127, Florida
3522	Statutes, is amended to read:
3523	409.9127  Preauthorization and concurrent utilization
3524	review; conflict-of-interest standards.--
3525	(3)  The agency shall help the Agency for Persons with
3526	Disabilities Department of Children and Family Services meet the
3527	requirements of s. 393.065(4). Only admissions approved pursuant
3528	to such assessments are eligible for reimbursement under this
3529	chapter.
3530	Section 51.  Paragraph (c) of subsection (2) and subsection
3531	(5) of section 411.224, Florida Statutes, are amended to read:
3532	411.224  Family support planning process.--The Legislature
3533	establishes a family support planning process to be used by the
3534	Department of Children and Family Services as the service
3535	planning process for targeted individuals, children, and
3536	families under its purview.
3537	(2)  To the extent possible within existing resources, the
3538	following populations must be included in the family support
3539	planning process:
3540	(c)  Children from age 3 birth through age 5 who are served
3541	by the Agency for Persons with Disabilities Developmental
3542	Disabilities Program Office of the Department of Children and
3543	Family Services.
3544	(5)  There must be only a single-family support plan to
3545	address the problems of the various family members unless the
3546	family requests that an individual family support plan be
3547	developed for different members of that family. The family
3548	support plan must replace individual habilitation plans for
3549	children from 3 birth through 5 years old who are served by the
3550	Agency for Persons with Disabilities Developmental Disabilities
3551	Program Office of the Department of Children and Family
3552	Services. To the extent possible, the family support plan must
3553	replace other case-planning forms used by the Department of
3554	Children and Family Services.
3555	Section 52.  Subsection (4) of section 411.232, Florida
3556	Statutes, is amended to read:
3557	411.232  Children's Early Investment Program.--
3558	(4)  RULES FOR IMPLEMENTATION.--The Department of Health
3559	and Rehabilitative Services shall adopt rules necessary to
3560	implement this section.
3561	Section 53.  Subsection (8) of section 415.102, Florida
3562	Statutes, is amended to read:
3563	415.102  Definitions of terms used in ss. 415.101-
3564	415.113.--As used in ss. 415.101-415.113, the term:
3565	(8)  "Facility" means any location providing day or
3566	residential care or treatment for vulnerable adults. The term
3567	"facility" may include, but is not limited to, any hospital,
3568	state institution, nursing home, assisted living facility, adult
3569	family-care home, adult day care center, residential facility
3570	licensed under chapter 393 group home, or mental health
3571	treatment center.
3572	Section 54.  Section 415.1035, Florida Statutes, is amended
3573	to read:
3574	415.1035  Facility's duty to inform residents of their
3575	right to report abusive, neglectful, or exploitive
3576	practices.--The department shall work cooperatively with the
3577	Agency for Health Care Administration, the Agency for Persons
3578	with Disabilities, and the Department of Elderly Affairs to
3579	ensure that every facility that serves vulnerable adults informs
3580	residents of their right to report abusive, neglectful, or
3581	exploitive practices. Each facility must establish appropriate
3582	policies and procedures to facilitate such reporting.
3583	Section 55.  Subsections (1) and (10) of section 415.1055,
3584	Florida Statutes, are amended to read:
3585	415.1055  Notification to administrative entities.--
3586	(1)  Upon receipt of a report that alleges that an employee
3587	or agent of the department, the Agency for Persons with
3588	Disabilities, or the Department of Elderly Affairs, acting in an
3589	official capacity, has committed an act of abuse, neglect, or
3590	exploitation, the department shall notify the state attorney in
3591	whose circuit the abuse, neglect, or exploitation occurred. This
3592	notification may be oral or written.
3593	(10)  When a report has been received and the department
3594	has reason to believe that a vulnerable adult resident of a
3595	facility licensed by the Agency for Health Care Administration
3596	or the Agency for Persons with Disabilities has been the victim
3597	of abuse, neglect, or exploitation, the department shall provide
3598	a copy of its investigation to the agency. If the investigation
3599	determines that a health professional licensed or certified
3600	under the Department of Health may have abused, neglected, or
3601	exploited a vulnerable adult, the department shall also provide
3602	a copy to the Department of Health.
3603	Section 56.  Paragraphs (a) and (h) of subsection (3) of
3604	section 415.107, Florida Statutes, are amended to read:
3605	415.107  Confidentiality of reports and records.--
3606	(3)  Access to all records, excluding the name of the
3607	reporter which shall be released only as provided in subsection
3608	(6), shall be granted only to the following persons, officials,
3609	and agencies:
3610	(a)  Employees or agents of the department, the Agency for
3611	Persons with Disabilities, of the Agency for Health Care
3612	Administration, or of the Department of Elderly Affairs who are
3613	responsible for carrying out protective investigations, ongoing
3614	protective services, or licensure or approval of nursing homes,
3615	assisted living facilities, adult day care centers, adult
3616	family-care homes, home care for the elderly, hospices,
3617	residential facilities licensed under chapter 393, or other
3618	facilities used for the placement of vulnerable adults.
3619	(h)  Any appropriate official of the department, the Agency
3620	for Persons with Disabilities, of the Agency for Health Care
3621	Administration, or of the Department of Elderly Affairs who is
3622	responsible for:
3623	1.  Administration or supervision of the programs for the
3624	prevention, investigation, or treatment of abuse, neglect, or
3625	exploitation of vulnerable adults when carrying out an official
3626	function; or
3627	2.  Taking appropriate administrative action concerning an
3628	employee alleged to have perpetrated abuse, neglect, or
3629	exploitation of a vulnerable adult in an institution.
3630	Section 57.  Subsections (1), (2), (3), and (6) of section
3631	419.001, Florida Statutes, are amended to read:
3632	419.001  Site selection of community residential homes.--
3633	(1)  For the purposes of this section, the term following
3634	definitions shall apply:
3635	(a)  "Community residential home" means a dwelling unit
3636	licensed to provide serve clients of the Department of Children
3637	and Family Services, which provides a living environment for 7
3638	to 14 unrelated residents who operate as the functional
3639	equivalent of a family, including such supervision and care by
3640	supportive staff as may be necessary to meet the physical,
3641	emotional, and social needs of the residents.
3642	(b)  "Department" or "agency" means the Department of
3643	Children and Family Services, the Agency for Health Care
3644	Administration, or the Agency for Persons with Disabilities.
3645	(c)  "Local government" means a county as set forth in
3646	chapter 7 or a municipality incorporated under the provisions of
3647	chapter 165.
3648	(d)  "Resident" means any of the following: a frail elder
3649	as defined in s. 400.618; a physically disabled or handicapped
3650	person with a physical or mental impairment as described as
3651	defined in s. 760.22(7)(a); a developmentally disabled person
3652	with a developmental disability as defined in s. 393.063; a
3653	nondangerous person with mental illness mentally ill person as
3654	defined in s. 394.455(18); or a child as defined in s.
3655	39.01(14), s. 984.03(9) or (12), or s. 985.03(8).
3656	(e)  "Sponsoring agency" means an agency or unit of
3657	government, a profit or nonprofit agency, or any other person or
3658	organization which intends to establish or operate a community
3659	residential home.
3660	(2)  Homes of six or fewer residents which otherwise meet
3661	the definition of a community residential home shall be deemed a
3662	single-family unit and a noncommercial, residential use for the
3663	purpose of local laws and ordinances. Homes of six or fewer
3664	residents which otherwise meet the definition of a community
3665	residential home shall be allowed in single-family or
3666	multifamily zoning without approval by the local government,
3667	provided that such homes shall not be located within a radius of
3668	1,000 feet of another existing such home with six or fewer
3669	residents. Such homes with six or fewer residents shall not be
3670	required to comply with the notification provisions of this
3671	section; provided, however, that the sponsoring agency or the
3672	department notifies the local government at the time of home
3673	occupancy that the home is licensed by the department or the
3674	agency.
3675	(3)(a)  When a site for a community residential home has
3676	been selected by a sponsoring agency in an area zoned for
3677	multifamily, the sponsoring agency shall notify the chief
3678	executive officer of the local government in writing and include
3679	in such notice the specific address of the site, the residential
3680	licensing category, the number of residents, and the community
3681	support requirements of the program. Such notice shall also
3682	contain a statement from the district administrator of the
3683	department indicating the need for and the licensing status of
3684	the proposed community residential home and specifying how the
3685	home meets applicable licensing criteria for the safe care and
3686	supervision of the clients in the home. The department and the
3687	agency district administrator shall also provide to the local
3688	government the most recently published data compiled that
3689	identifies all community residential homes in the department
3690	district in which the proposed site is to be located. The local
3691	government shall review the notification of the sponsoring
3692	agency in accordance with the zoning ordinance of the
3693	jurisdiction.
3694	(b)  Pursuant to such review, the local government may:
3695	1.  Determine that the siting of the community residential
3696	home is in accordance with local zoning and approve the siting.
3697	If the siting is approved, the sponsoring agency may establish
3698	the home at the site selected.
3699	2.  Fail to respond within 60 days. If the local government
3700	fails to respond within such time, the sponsoring agency may
3701	establish the home at the site selected.
3702	3.  Deny the siting of the home.
3703	(c)  The local government shall not deny the siting of a
3704	community residential home unless the local government
3705	establishes that the siting of the home at the site selected:
3706	1.  Does not otherwise conform to existing zoning
3707	regulations applicable to other multifamily uses in the area.
3708	2.  Does not meet applicable licensing criteria established
3709	and determined by the department or the agency, including
3710	requirements that the home be located to assure the safe care
3711	and supervision of all clients in the home.
3712	3.  Would result in such a concentration of community
3713	residential homes in the area in proximity to the site selected,
3714	or would result in a combination of such homes with other
3715	residences in the community, such that the nature and character
3716	of the area would be substantially altered. A home that is
3717	located within a radius of 1,200 feet of another existing
3718	community residential home in a multifamily zone shall be an
3719	overconcentration of such homes that substantially alters the
3720	nature and character of the area. A home that is located within
3721	a radius of 500 feet of an area of single-family zoning
3722	substantially alters the nature and character of the area.
3723	(6)  The department or the agency shall not issue a license
3724	to a sponsoring agency for operation of a community residential
3725	home if the sponsoring agency does not notify the local
3726	government of its intention to establish a program, as required
3727	by subsection (3). A license issued without compliance with the
3728	provisions of this section shall be considered null and void,
3729	and continued operation of the home may be enjoined.
3730	Section 58.  Paragraph (a) of subsection (3) of section
3731	435.03, Florida Statutes, is amended to read:
3732	435.03  Level 1 screening standards.--
3733	(3)  Standards must also ensure that the person:
3734	(a)  For employees and employers licensed or registered
3735	pursuant to chapter 400, and for employees and employers of
3736	developmental disabilities services institutions as defined in
3737	s. 393.18 393.063, intermediate care facilities for persons with
3738	developmental disabilities the developmentally disabled as
3739	defined in s. 400.960 393.063, and mental health treatment
3740	facilities as defined in s. 394.455, meets the requirements of
3741	this chapter.
3742	Section 59.  Paragraph (a) of subsection (2) of section
3743	490.014, Florida Statutes, is amended to read:
3744	490.014  Exemptions.--
3745	(2)  No person shall be required to be licensed or
3746	provisionally licensed under this chapter who:
3747	(a)  Is a salaried employee of a government agency;
3748	developmental services program, mental health, alcohol, or drug
3749	abuse facility operating pursuant to chapter 393, chapter 394,
3750	or chapter 397; subsidized child care program, subsidized child
3751	care case management program, or child care resource and
3752	referral program operating pursuant to chapter 402; child-
3753	placing or child-caring agency licensed pursuant to chapter 409;
3754	domestic violence center certified pursuant to chapter 39;
3755	accredited academic institution; or research institution, if
3756	such employee is performing duties for which he or she was
3757	trained and hired solely within the confines of such agency,
3758	facility, or institution, so long as the employee is not held
3759	out to the public as a psychologist pursuant to s.
3760	490.012(1)(a).
3761	Section 60.  Paragraph (a) of subsection (4) of section
3762	491.014, Florida Statutes, is amended to read:
3763	491.014  Exemptions.--
3764	(4)  No person shall be required to be licensed,
3765	provisionally licensed, registered, or certified under this
3766	chapter who:
3767	(a)  Is a salaried employee of a government agency;
3768	developmental services program, mental health, alcohol, or drug
3769	abuse facility operating pursuant to chapter 393, chapter 394,
3770	or chapter 397; subsidized child care program, subsidized child
3771	care case management program, or child care resource and
3772	referral program operating pursuant to chapter 402; child-
3773	placing or child-caring agency licensed pursuant to chapter 409;
3774	domestic violence center certified pursuant to chapter 39;
3775	accredited academic institution; or research institution, if
3776	such employee is performing duties for which he or she was
3777	trained and hired solely within the confines of such agency,
3778	facility, or institution, so long as the employee is not held
3779	out to the public as a clinical social worker, mental health
3780	counselor, or marriage and family therapist.
3781	Section 61.  Section 916.105, Florida Statutes, is amended
3782	to read:
3783	916.105  Legislative intent.--
3784	(1)  It is the intent of the Legislature that the
3785	Department of Children and Family Services and the Agency for
3786	Persons With Disabilities, as appropriate, establish, locate,
3787	and maintain separate and secure forensic facilities and
3788	programs for the treatment or training of defendants who have
3789	been are charged with a felony and who have been found to be
3790	incompetent to proceed due to their mental illness, mental
3791	retardation, or autism, or who have been acquitted of a felony
3792	felonies by reason of insanity, and who, while still under the
3793	jurisdiction of the committing court, are committed to the
3794	department or agency under the provisions of this chapter. Such
3795	The separate, secure facilities shall be sufficient to
3796	accommodate the number of defendants committed under the
3797	conditions noted above., Except for those defendants found by
3798	the department or agency to be appropriate for treatment or
3799	training in a civil treatment facility or program pursuant to
3800	subsection (3), forensic. Such secure facilities shall be
3801	designed and administered so that ingress and egress, together
3802	with other requirements of this chapter, may be strictly
3803	controlled by staff responsible for security in order to protect
3804	the defendant, facility personnel, other clients, and citizens
3805	in adjacent communities.
3806	(2)  It is further the intent of the Legislature that
3807	treatment or training programs for defendants who are found to
3808	be mentally ill, retarded, or autistic and are involuntarily
3809	committed to the department or the agency, and who are still
3810	under the jurisdiction of the committing court, be provided in
3811	such a manner, subject to security requirements and other
3812	mandates of this chapter, as to ensure the rights of the
3813	defendants as provided in this chapter.
3814	(3)  It is also the intent of the Legislature that
3815	evaluation and services to defendants who are mentally ill,
3816	retarded, or autistic be provided in community settings, in
3817	community residential facilities, or in civil, nonforensic
3818	facilities, whenever this is a feasible alternative to treatment
3819	or training in a state forensic facility.
3820	Section 62.  Section 916.106, Florida Statutes, is amended
3821	to read:
3822	916.106  Definitions.--For the purposes of this chapter:
3823	(1)  "Agency" means the Agency for Persons With
3824	Disabilities. The agency is responsible for the training of
3825	forensic clients with developmental disabilities due to mental
3826	retardation or autism and have been determined incompetent to
3827	proceed.
3828	(2)  "Autism" means a pervasive, neurologically based
3829	developmental disability of extended duration which causes
3830	severe learning, communication, and behavior disorders, with the
3831	age of onset of autism occurring during infancy or childhood.
3832	Individuals with autism exhibit impairment in reciprocal social
3833	interaction, impairment in verbal and nonverbal communication
3834	and imaginative ability, and a markedly restricted repertoire of
3835	activities and interests.
3836	(3)(2)  "Chemical weapon" means any shell, cartridge, bomb,
3837	gun, or other device capable of emitting chloroacetophenone
3838	(CN), chlorobenzalmalononitrile (CS) or any derivatives thereof
3839	in any form, or any other agent with lacrimatory properties, and
3840	shall include products such as that commonly known as "mace."
3841	(4)(3)  "Civil facility" means:
3842	(a)  A mental health facility established within the
3843	department or by contract with the department to serve
3844	individuals committed pursuant to chapter 394 and those
3845	defendants committed pursuant to this chapter who do not require
3846	the security provided in a forensic facility; or
3847	(b)  An intermediate care facility for persons with
3848	developmental disabilities, foster care facility, group home
3849	facility, or supported living setting, as defined in s. 393.063,
3850	designated by the agency to serve those defendants who do not
3851	require the security provided in a forensic facility.
3852	(5)(4)  "Court" means the circuit court.
3853	(6)  "Defendant" means an adult or juvenile prosecuted as
3854	an adult who has been arraigned and charged with a felony
3855	offense under the laws of this state.
3856	(7)(5)  "Department" means the Department of Children and
3857	Family Services. The department is responsible for treatment of
3858	forensic clients who have been determined incompetent to proceed
3859	due to mental illness or who have been acquitted of a felony by
3860	reason of insanity.
3861	(8)(6)  "Express and informed consent" or "consent" means
3862	consent given voluntarily in writing after a conscientious and
3863	sufficient explanation and disclosure of the purpose of the
3864	proposed treatment, the common side effects of the treatment, if
3865	any, the expected duration of the treatment, and any alternative
3866	treatment available.
3867	(9)(7)  "Forensic client" or "client" means any defendant
3868	who has been is mentally ill, retarded, or autistic and who is
3869	committed to the department or the agency pursuant to ss.
3870	916.13, 916.15, or 916.302. this chapter and:
3871	(a)  Who has been determined to need treatment for a mental
3872	illness or training for retardation or autism;
3873	(b)  Who has been found incompetent to proceed on a felony
3874	offense or has been acquitted of a felony offense by reason of
3875	insanity;
3876	(c)  Who has been determined by the department to:
3877	1.  Be dangerous to himself or herself or others; or
3878	2.  Present a clear and present potential to escape; and
3879	(d)  Who is an adult or a juvenile prosecuted as an adult.
3880	(10)(8)  "Forensic facility" means a separate and secure
3881	facility established within the department or the agency to
3882	serve forensic clients.  A Such separate and secure facility
3883	means facilities shall be security-grade buildings separately
3884	housing persons who are mentally ill from persons who are
3885	mentally retarded or autistic, and persons who have been
3886	involuntarily committed pursuant to this chapter from
3887	nonforensic residents. located on grounds distinct in location
3888	from other facilities for persons who are mentally ill. The
3889	Florida State Hospital shall not be required to maintain
3890	separate facilities for mentally ill, retarded, or autistic
3891	defendants who are found incompetent to proceed or who are
3892	acquitted of a criminal offense by reason of insanity.
3893	(11)(9)  "Incompetent to proceed" means unable to proceed
3894	at any material stage of a criminal proceeding, which shall
3895	include trial of the case, pretrial hearings involving questions
3896	of fact on which the defendant might be expected to testify,
3897	entry of a plea, proceedings for violation of probation or
3898	violation of community control, sentencing, and hearings on
3899	issues regarding a defendant's failure to comply with court
3900	orders or conditions or other matters in which the mental
3901	competence of the defendant is necessary for a just resolution
3902	of the issues being considered.
3903	(12)(10)  "Institutional security personnel" means
3904	employees of forensic facilities staff members who meet or
3905	exceed the requirements of s. 943.13 and who are responsible for
3906	providing security, the for protection of clients and personnel,
3907	for the enforcement of rules, the for prevention and
3908	investigation of unauthorized activities, and the for
3909	safeguarding the interests of citizens in the surrounding
3910	communities.
3911	(13)(11)  "Mental illness" means an impairment of the
3912	emotional processes that exercise conscious control of one's
3913	actions, or of the ability to perceive or understand reality,
3914	which impairment substantially interferes with a defendant's
3915	ability to meet the ordinary demands of living. For the purposes
3916	of this chapter, the term does not apply to defendants who are
3917	solely retarded or autistic, and does not include intoxication
3918	or conditions manifested only by antisocial behavior or
3919	substance abuse impairment.
3920	(14)(12)  "Retardation" means significantly subaverage
3921	general intellectual functioning existing concurrently with
3922	deficits in adaptive behavior and manifested during the period
3923	from conception to age 18. "Significantly subaverage general
3924	intellectual functioning," for the purpose of this definition,
3925	means performance which is two or more standard deviations from
3926	the mean score on a standardized intelligence test specified in
3927	the rules of the agency department. "Adaptive behavior," for the
3928	purpose of this definition, means the effectiveness or degree
3929	with which an individual meets the standards of personal
3930	independence and social responsibility expected of the
3931	individual's age, cultural group, and community.
3932	(15)(13)  "Social service professional," for the purposes
3933	of part III, means a person whose minimum qualifications include
3934	a bachelor's degree and at least 2 years of social work,
3935	clinical practice, special education, habilitation, or
3936	equivalent experience working directly with persons with
3937	retardation, autism, or other developmental disabilities.
3938	Section 63.  Section 916.107, Florida Statutes, is amended
3939	to read:
3940	916.107  Rights of forensic clients.--
3941	(1)  RIGHT TO INDIVIDUAL DIGNITY.--
3942	(a)  The policy of the state is that the individual dignity
3943	of the client shall be respected at all times and upon all
3944	occasions, including any occasion when the forensic client is
3945	detained, transported, or treated. Clients Defendants who are
3946	mentally ill, retarded, or autistic and who are charged with
3947	committing felonies shall receive appropriate treatment or
3948	training. In a criminal case involving a client defendant who
3949	has been adjudicated incompetent to proceed or not guilty by
3950	reason of insanity, a jail may be used as an emergency facility
3951	for up to 15 days from the date the department or the agency
3952	receives a completed copy of the court commitment order
3953	containing all the documentation required by the applicable
3954	Rules 3.212 and 3.217, Florida Rules of Criminal Procedure. For
3955	a forensic client defendant who is mentally ill, retarded, or
3956	autistic, who is held in a jail awaiting admission to a
3957	department or agency facility, and who has been adjudicated
3958	incompetent to proceed or not guilty by reason of insanity,
3959	evaluation and treatment or training may shall be provided in
3960	the jail by the local community mental health provider public
3961	receiving facility for mental health services or by the
3962	developmental disabilities services program for persons with
3963	retardation or autism, the client's physician or psychologist,
3964	or any other appropriate program until the client is transferred
3965	to a civil or forensic facility the custody of the department.
3966	(b)  Forensic clients Mentally ill, retarded, or autistic
3967	defendants who are committed to the department pursuant to this
3968	chapter and who are initially placed in, or subsequently
3969	transferred to, a civil facility as described in part I of
3970	chapter 394 or to a residential facility as described in chapter
3971	393 shall have the same rights as other persons committed to
3972	these facilities for as long as they remain there.
3973	(2)  RIGHT TO TREATMENT.--
3974	(a)  The policy of the state is that neither the department
3975	nor the agency shall not deny treatment or training to any
3976	client and that no services shall be delayed at a facility
3977	because the forensic client is indigent pursuant to s. 27.52 and
3978	presently unable to pay. However, every reasonable effort to
3979	collect appropriate reimbursement for the cost of providing
3980	services to clients able to pay for the services, including
3981	reimbursement from insurance or other third-party payments,
3982	shall be made by facilities providing services pursuant to this
3983	chapter and in accordance with the provisions of s. 402.33.
3984	(b)  Each client shall be given, at the time of admission
3985	and at regular intervals thereafter, a physical examination,
3986	which shall include screening for communicable disease by a
3987	health practitioner authorized by law to give such screenings
3988	and examinations.
3989	(c)  Every client committed pursuant to this act shall be
3990	afforded the opportunity to participate in activities designed
3991	to enhance self-image and the beneficial effects of other
3992	treatments or training, as determined by the facility.
3993	(d)  Not more than 30 days after admission, each client
3994	shall have and receive, in writing, an individualized treatment
3995	or training plan which the client has had an opportunity to
3996	assist in preparing.
3997	(3)  RIGHT TO EXPRESS AND INFORMED CONSENT.--
3998	(a)  A forensic client committed to the department pursuant
3999	to this act shall be asked to give express and informed written
4000	consent for treatment. If a client in a forensic facility
4001	refuses such treatment as is deemed necessary and essential by
4002	the client's multidisciplinary treatment team at the forensic
4003	facility for the appropriate care of the client and the safety
4004	of the client or others, such treatment may be provided under
4005	the following circumstances:
4006	1.  In an emergency situation in which there is immediate
4007	danger to the safety of the client or others, such treatment may
4008	be provided upon the written order of a physician for a period
4009	not to exceed 48 hours, excluding weekends and legal holidays.
4010	If, after the 48-hour period, the client has not given express
4011	and informed consent to the treatment initially refused, the
4012	administrator or designee of the civil or forensic facility
4013	shall, within 48 hours, excluding weekends and legal holidays,
4014	petition the committing court or the circuit court serving the
4015	county in which the facility is located, at the option of the
4016	facility administrator or designee, for an order authorizing the
4017	continued treatment of the client. In the interim, the need for
4018	treatment shall be reviewed every 48 hours and may be continued
4019	without the consent of the client upon the continued written
4020	order of a physician who has determined that the emergency
4021	situation continues to present a danger to the safety of the
4022	client or others.
4023	2.  In a situation other than an emergency situation, the
4024	administrator or designee of the forensic facility shall
4025	petition the court for an order authorizing necessary and
4026	essential the treatment for to the client. The order shall allow
4027	such treatment for a period not to exceed 90 days from the date
4028	of the entry of the order. Unless the court is notified in
4029	writing that the client has provided express and informed
4030	consent in writing or that the client has been discharged by the
4031	committing court, the administrator or designee shall, prior to
4032	the expiration of the initial 90-day order, petition the court
4033	for an order authorizing the continuation of treatment for
4034	another 90-day period. This procedure shall be repeated until
4035	the client provides consent or is discharged by the committing
4036	court.
4037	3.  At the hearing on the issue of whether the court should
4038	enter an order authorizing treatment for which a client was
4039	unable has refused to give express and informed consent, the
4040	court shall determine by clear and convincing evidence that the
4041	client is mentally ill, retarded, or autistic as defined in this
4042	chapter, that the treatment not consented to is essential to the
4043	care of the client, and that the treatment not consented to is
4044	not experimental and does not present an unreasonable risk of
4045	serious, hazardous, or irreversible side effects. In arriving at
4046	the substitute judgment decision, the court must consider at
4047	least the following factors:
4048	a.  The client's expressed preference regarding treatment;
4049	b.  The probability of adverse side effects;
4050	c.  The prognosis without treatment; and
4051	d.  The prognosis with treatment.
4052
4053	The hearing shall be as convenient to the client as may be
4054	consistent with orderly procedure and shall be conducted in
4055	physical settings not likely to be injurious to the client's
4056	condition. The court may appoint a general or special magistrate
4057	to preside at the hearing. The client or the client's guardian,
4058	and the representative, shall be provided with a copy of the
4059	petition and the date, time, and location of the hearing. The
4060	client has the right to have an attorney represent him or her at
4061	the hearing, and, if the client is indigent, the court shall
4062	appoint the office of the public defender to represent the
4063	client at the hearing. The client may testify or not, as he or
4064	she chooses, and has the right to cross-examine witnesses and
4065	may present his or her own witnesses.
4066	(b)  In addition to the provisions of paragraph (a), in the
4067	case of surgical procedures requiring the use of a general
4068	anesthetic or electroconvulsive treatment or nonpsychiatric
4069	medical procedures, and prior to performing the procedure,
4070	written permission shall be obtained from the client, if the
4071	client is legally competent, from the parent or guardian of a
4072	minor client, or from the guardian of an incompetent client. The
4073	administrator or designee of the forensic facility or a
4074	designated representative may, with the concurrence of the
4075	client's attending physician, authorize emergency surgical or
4076	nonpsychiatric medical treatment if such treatment is deemed
4077	lifesaving or for a situation threatening serious bodily harm to
4078	the client and permission of the client or the client's guardian
4079	could not cannot be obtained prior to provision of the needed
4080	treatment.
4081	(4)  QUALITY OF TREATMENT.--Each forensic client committed
4082	pursuant to this chapter shall receive treatment or training
4083	suited to the client's needs, which shall be administered
4084	skillfully, safely, and humanely with full respect for the
4085	client's dignity and personal integrity. Each client shall
4086	receive such medical, vocational, social, educational, and
4087	rehabilitative services as the client's condition requires to
4088	bring about a return to court for disposition of charges or a
4089	return to the community. In order to achieve this goal, the
4090	department and the agency shall coordinate their services with
4091	each other, the Department of Corrections, is directed to
4092	coordinate the services of the Mental Health Program Office and
4093	the Developmental Disabilities Program Office with all other
4094	programs of the department and other appropriate state agencies.
4095	(5)  COMMUNICATION, ABUSE REPORTING, AND VISITS.--
4096	(a)  Each forensic client committed pursuant to the
4097	provisions of this chapter has the right to communicate freely
4098	and privately with persons outside the facility unless it is
4099	determined that such communication is likely to be harmful to
4100	the client or others. Clients shall have the right to contact
4101	and to receive communication from their attorneys at any
4102	reasonable time.
4103	(a)(b)  Each forensic client committed under the provisions
4104	of this chapter shall be allowed to receive, send, and mail
4105	sealed, unopened correspondence; and no client's incoming or
4106	outgoing correspondence shall be opened, delayed, held, or
4107	censored by the facility unless there is reason to believe that
4108	it contains items or substances which may be harmful to the
4109	client or others, in which case the administrator or designee
4110	may direct reasonable examination of such mail and may regulate
4111	the disposition of such items or substances. "Correspondence"
4112	shall not include parcels or packages. Forensic facilities are
4113	authorized to promulgate reasonable institutional policies to
4114	provide for the inspection of parcels or packages and for the
4115	removal of contraband items for health or security reasons prior
4116	to the contents being given to a client.
4117	(b)(c)  If a client's right to communicate is restricted by
4118	the administrator, written notice of such restriction and the
4119	duration of the restriction shall be served on the client or his
4120	or her legal guardian or representatives, and such restriction
4121	shall be recorded on the client's clinical record with the
4122	reasons therefor. The restriction of a client's right to
4123	communicate shall be reviewed at least every 7 days.
4124	(c)(d)  Each forensic facility shall establish reasonable
4125	institutional policies governing visitors, visiting hours, and
4126	the use of telephones by clients in the least restrictive manner
4127	possible.
4128	(d)(e)  Each forensic client committed pursuant to this
4129	chapter shall have ready access to a telephone in order to
4130	report an alleged abuse. The facility or program staff shall
4131	orally and in writing inform each client of the procedure for
4132	reporting abuse and shall present the information in a language
4133	the client understands. A written copy of that procedure,
4134	including the telephone number of the central abuse hotline and
4135	reporting forms, shall be posted in plain view.
4136	(e)(f)  The department's or agency's forensic facilities
4137	shall develop policies providing a procedure for reporting
4138	abuse. Facility staff shall be required, as a condition of
4139	employment, to become familiar with the procedures for the
4140	reporting of abuse.
4141	(6)  CARE AND CUSTODY OF PERSONAL EFFECTS OF CLIENTS.--A
4142	forensic client's right to possession of clothing and personal
4143	effects shall be respected. The department or agency by rule, or
4144	the administrator of any forensic facility by written
4145	institutional policy, may declare certain items to be hazardous
4146	to the health or welfare of clients or others or to the
4147	operation of the facility. Such items may be restricted from
4148	introduction into the facility or may be restricted from being
4149	in a client's possession. The administrator or designee may take
4150	temporary custody of such effects when required for medical and
4151	safety reasons. Custody of such personal effects shall be
4152	recorded in the client's clinical record.
4153	(7)  VOTING IN PUBLIC ELECTIONS.--A forensic client
4154	committed pursuant to this chapter who is eligible to vote
4155	according to the laws of the state has the right to vote in the
4156	primary and general elections. The department and agency shall
4157	establish rules to enable clients to obtain voter registration
4158	forms, applications for absentee ballots, and absentee ballots.
4159	(8)  CLINICAL RECORD; CONFIDENTIALITY.--A clinical record
4160	for each forensic client shall be maintained. The record shall
4161	include data pertaining to admission and such other information
4162	as may be required under rules of the department or the agency.
4163	Unless waived by express and informed consent of the client or
4164	the client's legal guardian or, if the client is deceased, by
4165	the client's personal representative or by that family member
4166	who stands next in line of intestate succession or except as
4167	otherwise provided in this subsection, the clinical record is
4168	confidential and exempt from the provisions of s. 119.07(1) and
4169	s. 24(a), Art. I of the State Constitution.
4170	(a)  Such clinical record may be released:
4171	1.  To such persons and agencies as are designated by the
4172	client or the client's legal guardian.
4173	2.  To persons authorized by order of court and to the
4174	client's counsel when the records are needed by the counsel for
4175	adequate representation.
4176	3.  To a qualified researcher, as defined by rule; a staff
4177	member of the facility; or an employee of the department or
4178	agency when the administrator of the facility, or secretary or
4179	director of the department or the agency deems it necessary for
4180	treatment of the client, maintenance of adequate records,
4181	compilation of treatment data, or evaluation of programs.
4182	4.  For statistical and research purposes if the
4183	information is abstracted in such a way as to protect the
4184	identity of individuals.
4185	5.  If a client receiving services pursuant to this chapter
4186	has declared an intention to harm other persons. When such a
4187	declaration has been made, the administrator shall authorize the
4188	release of sufficient information to provide adequate warning to
4189	the person threatened with harm by the client, and to the
4190	committing court, the state attorney, and the attorney
4191	representing the client.
4192	6.  To the parent or next of kin of a client mentally ill,
4193	retarded, or autistic person who is committed to, or is being
4194	served by, a facility or program when such information is
4195	limited to that person's service plan and current physical and
4196	mental condition. Release of such information shall be in
4197	accordance with the code of ethics of the profession involved
4198	and must comply with all state and federal laws and regulations
4199	pertaining to the release of personal health information.
4200	(b)  Notwithstanding other provisions of this subsection,
4201	the department or the agency may request or receive from or
4202	provide to any of the following entities client information to
4203	facilitate treatment, habilitation, rehabilitation, and
4204	continuity of care of any forensic client:
4205	1.  The Social Security Administration and the United
4206	States Department of Veterans Affairs.;
4207	2.  Law enforcement agencies, state attorneys, defense
4208	attorneys, and judges in regard to the client's status.;
4209	3.  Jail personnel in the jail to which a client may be
4210	housed. returned; and
4211	4.  Community agencies and others expected to provide
4212	followup care to the client upon the client's return to the
4213	community.
4214	(c)  The department or the agency may provide notice to any
4215	client's next of kin or first representative regarding any
4216	serious medical illness or the death of the client.
4217	(d)1.  Any law enforcement agency, facility, or other
4218	governmental agency that receives information pursuant to this
4219	subsection shall maintain the confidentiality of such
4220	information except as otherwise provided herein.
4221	2.  Any agency or private practitioner who acts in good
4222	faith in releasing information pursuant to this subsection is
4223	not subject to civil or criminal liability for such release.
4224	(9)  HABEAS CORPUS.--
4225	(a)  At any time, and without notice, a forensic client
4226	detained by a facility, or a relative, friend, guardian,
4227	representative, or attorney on behalf of such client, may
4228	petition for a writ of habeas corpus to question the cause and
4229	legality of such detention and request that the committing court
4230	issue a writ for release. Each client committed pursuant to this
4231	chapter shall receive a written notice of the right to petition
4232	for a writ of habeas corpus.
4233	(b)  A client or his or her legal guardian or
4234	representatives or attorney may file a petition in the circuit
4235	court in the county where the client is committed alleging that
4236	the client is being unjustly denied a right or privilege granted
4237	herein or that a procedure authorized herein is being abused.
4238	Upon the filing of such a petition, the circuit court shall have
4239	the authority to conduct a judicial inquiry and to issue any
4240	appropriate order to correct an abuse of the provisions of this
4241	chapter.
4242	(10)  TRANSPORTATION.--
4243	(a)  The sheriff shall consult with the governing board of
4244	the county as to the most appropriate and cost-effective means
4245	of transportation for forensic clients in the custody of the
4246	department or the agency who have been committed for treatment
4247	or training. Such consultation shall include, but is not limited
4248	to, consideration of the cost to the county of transportation
4249	performed by sheriff's department personnel as opposed to
4250	transportation performed by other means and, if sheriff's
4251	department personnel are to be used for transportation, the
4252	effect such use will have, if any, on service delivery levels of
4253	the sheriff's road patrol. After such consultation with the
4254	governing board of the county, the sheriff shall determine the
4255	most appropriate and cost-effective means of transportation for
4256	forensic clients committed for treatment or training.
4257	(b)  The governing board of each county is authorized to
4258	contract with private transport companies for the transportation
4259	of such clients to and from a facility.
4260	(c)  Any company that transports a client pursuant to this
4261	section is considered an independent contractor and is solely
4262	liable for the safe and dignified transportation of the client.
4263	Any transport company that contracts with the governing board of
4264	a county for the transport of clients as provided for in this
4265	section shall be insured and provide no less than $100,000 in
4266	liability insurance with respect to the transportation of the
4267	clients.
4268	(d)  Any company that contracts with a governing board of a
4269	county to transport clients shall comply with the applicable
4270	rules of the department or the agency to ensure the safety and
4271	dignity of the clients.
4272	(11)  LIABILITY FOR VIOLATIONS.--Any person who violates or
4273	abuses any rights or privileges of a forensic client in the
4274	custody of the department or agency provided under this chapter
4275	shall be by this act is liable for damages as determined by law.
4276	Any person who acts in good faith in complying with the
4277	provisions of this chapter act is immune from civil or criminal
4278	liability for his or her actions in connection with the
4279	admission, diagnosis, treatment, training, or discharge of a
4280	client to or from a facility. However, this subsection does not
4281	relieve any person from liability if he or she is negligent.
4282	Section 64.  Section 916.1075, Florida Statutes, is amended
4283	to read:
4284	916.1075  Sexual misconduct prohibited; reporting required;
4285	penalties.--
4286	(1)  As used in this section, the term:
4287	(a)  "Employee" includes any paid staff member, volunteer,
4288	or intern of the department or the agency; any person under
4289	contract with the department or the agency; and any person
4290	providing care or support to a forensic client on behalf of the
4291	department, the agency, or their its providers.
4292	(b)  "Sexual activity" means:
4293	1.  Fondling the genital area, groin, inner thighs,
4294	buttocks, or breasts of a person.
4295	2.  The oral, anal, or vaginal penetration by or union with
4296	the sexual organ of another or the anal or vaginal penetration
4297	of another by any other object.
4298	3.  Intentionally touching in a lewd or lascivious manner
4299	the breasts, genitals, the genital area, or buttocks, or the
4300	clothing covering them, of a person, or forcing or enticing a
4301	person to touch the perpetrator.
4302	4.  Intentionally masturbating in the presence of another
4303	person.
4304	5.  Intentionally exposing the genitals in a lewd or
4305	lascivious manner in the presence of another person.
4306	6.  Intentionally committing any other sexual act that does
4307	not involve actual physical or sexual contact with the victim,
4308	including, but not limited to, sadomasochistic abuse, sexual
4309	bestiality, or the simulation of any act involving sexual
4310	activity in the presence of a victim.
4311	(c)  "Sexual misconduct" means any sexual activity between
4312	an employee and a forensic client in the custody of the
4313	department or the agency, regardless of the consent of the
4314	client. The term does not include an act done for a bona fide
4315	medical purpose or an internal search conducted in the lawful
4316	performance of duty by an employee.
4317	(2)  An employee who engages in sexual misconduct with a
4318	forensic client who resides in a civil or forensic facility
4319	commits a felony of the second degree, punishable as provided in
4320	s. 775.082, s. 775.083, or s. 775.084. An employee may be found
4321	guilty of violating this subsection without having committed the
4322	crime of sexual battery.
4323	(3)  The consent of a forensic the client to sexual
4324	activity is not a defense to prosecution under this section.
4325	(4)  This section does not apply to an employee who:
4326	(a)  is legally married to the client; or
4327	(b)  Has no reason to believe that the person with whom the
4328	employee engaged in sexual misconduct is a client receiving
4329	services as described in subsection (2).
4330	(5)  An employee who witnesses sexual misconduct, or who
4331	otherwise knows or has reasonable cause to suspect that a person
4332	has engaged in sexual misconduct, shall immediately report the
4333	incident to the department's central abuse hotline and to the
4334	appropriate local law enforcement agency. Such employee shall
4335	also prepare, date, and sign an independent report that
4336	specifically describes the nature of the sexual misconduct, the
4337	location and time of the incident, and the persons involved. For
4338	allegations pertaining to forensic clients committed to the
4339	agency, the employee shall deliver the report to the supervisor
4340	or program director, who shall provide copies to the agency's is
4341	responsible for providing copies to the department's inspector
4342	general. For allegations pertaining to forensic clients
4343	committed to the department, the employees shall deliver the
4344	report to the supervisor or program director, who shall be
4345	responsible for providing copies to the department's inspector
4346	general. The inspector general shall immediately conduct an
4347	appropriate administrative investigation, and, if there is
4348	probable cause to believe that sexual misconduct has occurred,
4349	the inspector general shall notify the state attorney in the
4350	circuit in which the incident occurred.
4351	(6)(a)  Any person who is required to make a report under
4352	this section and who knowingly or willfully fails to do so, or
4353	who knowingly or willfully prevents another person from doing
4354	so, commits a misdemeanor of the first degree, punishable as
4355	provided in s. 775.082 or s. 775.083.
4356	(b)  Any person who knowingly or willfully submits
4357	inaccurate, incomplete, or untruthful information with respect
4358	to a report required under this section commits a misdemeanor of
4359	the first degree, punishable as provided in s. 775.082 or s.
4360	775.083.
4361	(c)  Any person who knowingly or willfully coerces or
4362	threatens any other person with the intent to alter testimony or
4363	a written report regarding an incident of sexual misconduct
4364	commits a felony of the third degree, punishable as provided in
4365	s. 775.082, s. 775.083, or s. 775.084.
4366	(7)  The provisions and penalties set forth in this section
4367	are in addition to any other civil, administrative, or criminal
4368	action provided by law which may be applied against an employee.
4369	Section 65.  Section 916.1081, Florida Statutes, is amended
4370	to read:
4371	916.1081  Escape from program; penalty.--
4372	(1)  A forensic client A defendant involuntarily committed
4373	to the department or the agency, in the custody of the
4374	department or agency under the provisions of this chapter who
4375	escapes or attempts to escape from a civil or forensic facility
4376	or program commits a felony of the second degree, punishable as
4377	provided in s. 775.082, s. 775.083, or s. 775.084.
4378	(2)  A forensic client involuntarily committed to the
4379	department or the agency, in the custody of the Department of
4380	Corrections who escapes or attempts to escape from a facility or
4381	program commits a felony of the second degree, punishable as
4382	provided in s. 944.40.
4383	Section 66.  Section 916.1085, Florida Statutes, is amended
4384	to read:
4385	916.1085  Introduction or removal of certain articles
4386	unlawful; penalty.--
4387	(1)(a)  Except as authorized by law or as specifically
4388	authorized by the person in charge of a facility, it is unlawful
4389	to introduce into or upon the grounds of any facility under the
4390	supervision or control of the department, or to take or attempt
4391	to take or send therefrom, any of the following articles, which
4392	are hereby declared to be contraband for the purposes of this
4393	section:
4394	1.  Any intoxicating beverage or beverage which causes or
4395	may cause an intoxicating effect;
4396	2.  Any controlled substance as defined in chapter 893;
4397	3.  Any firearm or deadly weapon; or
4398	4.  Any other item as determined by the department, and as
4399	designated by departmental rule or by the administrator of any
4400	facility, and designated by written institutional policies, to
4401	be hazardous to the welfare of clients patients or the operation
4402	of the facility.
4403	(b)  It is unlawful to transmit to, attempt to transmit to,
4404	or cause or attempt to cause to be transmitted to or received by
4405	any client of any facility under the supervision or control of
4406	the department or the agency any article or thing declared by
4407	this section to be contraband, at any place which is outside of
4408	the grounds of such facility, except as authorized by law or as
4409	specifically authorized by the person in charge of such
4410	facility.
4411	(2)(a)  All individuals or vehicles entering upon the
4412	grounds of any facility under the supervision or control of the
4413	department may be subject to reasonable search and seizure of
4414	any contraband materials introduced thereon, for purpose of
4415	enforcement of this chapter.
4416	(b)  These provisions shall be enforced by institutional
4417	security personnel as defined in s. 916.106(12)(10) or by a law
4418	enforcement officer as defined in s. 943.10.
4419	(c)  A person who violates any provision of subparagraph
4420	(1)(a)2. or subparagraph (1)(a)3. commits a felony of the third
4421	degree, punishable as provided in s. 775.082, s. 775.083, or s.
4422	775.084.
4423	Section 67.  Section 916.1091, Florida Statutes, is amended
4424	to read:
4425	916.1091  Duties, functions, and powers of institutional
4426	security personnel.--In case of emergency, and when necessary to
4427	provide protection and security to any client, to the personnel,
4428	equipment, buildings, or grounds of a department or agency
4429	facility, or to citizens in the surrounding community,
4430	institutional security personnel may, when authorized by the
4431	administrator of the facility, or her or his designee when the
4432	administrator is not present, use a chemical weapon against a
4433	patient housed in a forensic facility. However, such weapon
4434	shall be used only to the extent necessary to provide such
4435	protection and security. Under no circumstances shall any such
4436	officer carry a chemical weapon on her or his person except
4437	during the period of the emergency for which its use was
4438	authorized. All chemical weapons shall be placed in secure
4439	storage when their use is not authorized as provided in this
4440	section.
4441	Section 68.  Section 916.1093, Florida Statutes, is amended
4442	to read:
4443	916.1093  Operation and administration; rules.--
4444	(1)  The department or the agency is authorized to enter
4445	into contracts and do such things as may be necessary and
4446	incidental to assure compliance with and to carry out the
4447	provisions of this chapter in accordance with the stated
4448	legislative intent.
4449	(2)  The department or the agency has authority to adopt
4450	rules pursuant to ss. 120.536(1) and 120.54 to implement the
4451	provisions of this chapter.
4452	Section 69.  Section 916.111, Florida Statutes, is amended
4453	to read:
4454	916.111  Training of mental health experts.--The evaluation
4455	of defendants for competency to proceed or for sanity at the
4456	time of the commission of the offense shall be conducted in such
4457	a way as to ensure uniform application of the criteria
4458	enumerated in the applicable rules of the Rules 3.210 and 3.216,
4459	Florida Rules of Criminal Procedure. The department shall
4460	develop, and may contract with accredited institutions:
4461	(1)  To provide:
4462	(a)  A plan for training community mental health
4463	professionals to perform forensic evaluations and to standardize
4464	the criteria and procedures to be used in these evaluations;
4465	(b)  Clinical protocols and procedures consistent with the
4466	applicable rules of the based upon the criteria of Rules 3.210
4467	and 3.216, Florida Rules of Criminal Procedure; and
4468	(c)  Training for community mental health professionals in
4469	the application of these protocols and procedures in performing
4470	forensic evaluations and providing reports to the courts; and
4471	(2)  To compile and maintain the necessary information for
4472	evaluating the success of this program, including the number of
4473	persons trained, the cost of operating the program, and the
4474	effect on the quality of forensic evaluations as measured by
4475	appropriateness of admissions to state forensic facilities and
4476	to community-based care programs.
4477	Section 70.  Section 916.115, Florida Statutes, is amended
4478	to read:
4479	916.115  Appointment of experts.--
4480	(1)(a)  Annually, the department shall provide the courts
4481	with a list of mental health professionals who have completed
4482	approved training as experts.
4483	(b)  The court shall may appoint no more than three nor
4484	fewer than two experts to determine issues of the mental
4485	condition of a defendant in a criminal case, including the
4486	issues of competency to proceed, insanity, and involuntary
4487	hospitalization or placement, and treatment. The panel of
4488	experts An expert may evaluate the defendant in jail or in
4489	another appropriate local facility, or in a Department of
4490	Corrections facility.
4491	(a)(c)  To the extent possible, an appointed expert shall
4492	have completed forensic evaluator training approved by the
4493	department and shall be either a psychiatrist, licensed
4494	psychologist, or physician.
4495	(b)  The department shall maintain and provide the courts
4496	with a list of available mental health professionals who have
4497	completed approved training as experts.
4498	(2)  Experts Expert witnesses appointed by the court to
4499	evaluate the mental condition of a defendant in a criminal case
4500	shall be allowed reasonable fees for services rendered as
4501	evaluators of competence or sanity and as witnesses, which shall
4502	be paid in accordance with s. 29.004(6).
4503	(a)1.  The court shall pay for any expert that it appoints
4504	by court order, upon motion of counsel for the defendant or the
4505	state or upon its own motion. If the defense or the state
4506	retains an expert and waives the confidentiality of the expert's
4507	report, the court may pay for no more than two additional
4508	experts appointed by court order. If an expert appointed by the
4509	court upon motion of counsel for the defendant specifically to
4510	evaluate the competence of the defendant to proceed also
4511	addresses in his or her evaluation issues related to sanity as
4512	an affirmative defense, the court shall pay only for that
4513	portion of the expert's fees relating to the evaluation on
4514	competency to proceed, and the balance of the fees shall be
4515	chargeable to the defense.
4516	2.  Pursuant to s. 29.006, the office of the public
4517	defender shall pay for any expert retained by the office.
4518	3.  Pursuant to s. 29.005, the office of the state attorney
4519	shall pay for any expert retained by the office. Notwithstanding
4520	subparagraph 1., the office of the state attorney shall pay for
4521	any expert whom the office retains and whom the office moves the
4522	court to appoint in order to ensure that the expert has access
4523	to the defendant.
4524	4.  An expert retained by the defendant who is represented
4525	by private counsel appointed under s. 27.5303 shall be paid by
4526	the Justice Administrative Commission.
4527	5.  An expert retained by a defendant who is indigent for
4528	costs as determined by the court and who is represented by
4529	private counsel, other than private counsel appointed under s.
4530	27.5303, on a fee or pro bono basis, or who is representing
4531	himself or herself, shall be paid by the Justice Administrative
4532	Commission from funds specifically appropriated for these
4533	expenses.
4534	(b)  State employees shall be paid expenses pursuant to s.
4535	112.061.
4536	(c)  The fees shall be taxed as costs in the case.
4537	(d)  In order for an expert to be paid for the services
4538	rendered, the expert's report and testimony must explicitly
4539	address each of the factors specified in s. 916.12 and follow
4540	the procedures set out in this chapter and in the Florida Rules
4541	of Criminal Procedure.
4542	Section 71.  Section 916.12, Florida Statutes, is amended
4543	to read:
4544	916.12  Mental competence to proceed.--
4545	(1)  A defendant is incompetent to proceed within the
4546	meaning of this chapter if the defendant does not have
4547	sufficient present ability to consult with her or his lawyer
4548	with a reasonable degree of rational understanding or if the
4549	defendant has no rational, as well as factual, understanding of
4550	the proceedings against her or him.
4551	(2)  Mental health experts appointed pursuant to s. 916.115
4552	An expert shall first determine whether the defendant person is
4553	mentally ill and, if so, consider the factors related to the
4554	issue of whether the defendant meets the criteria for competence
4555	to proceed as described in subsection (1); that is, whether the
4556	defendant has sufficient present ability to consult with counsel
4557	with a reasonable degree of rational understanding and whether
4558	the defendant has a rational, as well as factual, understanding
4559	of the pending proceedings. A defendant must be evaluated by no
4560	fewer than two experts before the court commits the defendant or
4561	takes other action authorized by this chapter or the Florida
4562	Rules of Criminal Procedure, except if one expert finds that the
4563	defendant is incompetent to proceed and the parties stipulate to
4564	that finding, the court may commit the defendant or take other
4565	action authorized by this chapter or the rules without further
4566	evaluation or hearing, or the court may appoint no more than two
4567	additional experts to evaluate the defendant. Notwithstanding
4568	any stipulation by the state and the defendant, the court may
4569	require a hearing with testimony from the expert or experts
4570	before ordering the commitment of a defendant.
4571	(3)  In considering the issue of competence to proceed, an
4572	examining expert shall first consider and specifically include
4573	in his or her report the defendant's capacity to:
4574	(a)  Appreciate the charges or allegations against the
4575	defendant.;
4576	(b)  Appreciate the range and nature of possible penalties,
4577	if applicable, that may be imposed in the proceedings against
4578	the defendant.;
4579	(c)  Understand the adversarial nature of the legal
4580	process.;
4581	(d)  Disclose to counsel facts pertinent to the proceedings
4582	at issue.;
4583	(e)  Manifest appropriate courtroom behavior.; and
4584	(f)  Testify relevantly.;
4585	(g)  and include in his or her report Any other factor
4586	deemed relevant by the expert.
4587	(4)  If an expert finds that the defendant is incompetent
4588	to proceed, the expert shall report on any recommended treatment
4589	for the defendant to attain competence to proceed. In
4590	considering the issues relating to treatment, the examining
4591	expert shall specifically report on:
4592	(a)  The mental illness causing the incompetence.;
4593	(b)  The treatment or treatments appropriate for the mental
4594	illness of the defendant and an explanation of each of the
4595	possible treatment alternatives in order of choices.;
4596	(c)  The availability of acceptable treatment and, if
4597	treatment is available in the community, the expert shall so
4598	state in the report.; and
4599	(d)  The likelihood of the defendant's attaining competence
4600	under the treatment recommended, an assessment of the probable
4601	duration of the treatment required to restore competence, and
4602	the probability that the defendant will attain competence to
4603	proceed in the foreseeable future.
4604	(5)  A defendant who, because of psychotropic medication,
4605	is able to understand the nature of proceedings and assist in
4606	the defendant's own defense shall not automatically be deemed
4607	incompetent to proceed simply because the defendant's
4608	satisfactory mental functioning is dependent upon such
4609	medication. As used in this subsection, "psychotropic
4610	medication" means any drug or compound used to treat mental or
4611	emotional disorders affecting the mind, behavior, intellectual
4612	functions, perception, moods, or emotions and includes
4613	antipsychotic, antidepressant, antimanic, and antianxiety drugs.
4614	Section 72.  Section 916.13, Florida Statutes, is amended
4615	to read:
4616	916.13  Involuntary commitment of defendant adjudicated
4617	incompetent.--
4618	(1)  Every defendant who is charged with a felony and who
4619	is adjudicated incompetent to proceed, pursuant to the
4620	applicable Florida Rules of Criminal Procedure, may be
4621	involuntarily committed for treatment upon a finding by the
4622	court of clear and convincing evidence that:
4623	(a)  The defendant is mentally ill and because of the
4624	mental illness:
4625	1.  The defendant is manifestly incapable of surviving
4626	alone or with the help of willing and responsible family or
4627	friends, including available alternative services, and, without
4628	treatment, the defendant is likely to suffer from neglect or
4629	refuse to care for herself or himself and such neglect or
4630	refusal poses a real and present threat of substantial harm to
4631	the defendant's well-being; or and
4632	2.  There is a substantial likelihood that in the near
4633	future the defendant will inflict serious bodily harm on herself
4634	or himself or another person, as evidenced by recent behavior
4635	causing, attempting, or threatening such harm;
4636	(b)  All available, less restrictive treatment
4637	alternatives, including treatment in community residential
4638	facilities or community inpatient or outpatient settings, which
4639	would offer an opportunity for improvement of the defendant's
4640	condition have been judged to be inappropriate; and
4641	(c)  There is a substantial probability that the mental
4642	illness causing the defendant's incompetence will respond to
4643	treatment and the defendant will regain competency to proceed in
4644	the reasonably foreseeable future.
4645	(2)  A defendant who has been charged with a felony and who
4646	has been adjudicated incompetent to proceed due to mental
4647	illness, and who meets the criteria for involuntary commitment
4648	to the department under the provisions of this chapter, may be
4649	committed to the department, and the department shall retain and
4650	treat the defendant. No later than 6 months after the date of
4651	admission and or at the end of any period of extended
4652	commitment, or at any time the administrator or designee shall
4653	have determined that the defendant has regained competency to
4654	proceed or no longer meets the criteria for continued
4655	commitment, the administrator or designee shall file a report
4656	with the court pursuant to the applicable Florida Rules of
4657	Criminal Procedure.
4658	Section 73.  Section 916.15, Florida Statutes, is amended
4659	to read:
4660	916.15  Involuntary commitment of defendant adjudicated not
4661	guilty by reason of insanity.--
4662	(1)  The determination of whether a defendant is not guilty
4663	by reason of insanity shall be determined in accordance with the
4664	Florida Rules of Criminal Procedure.
4665	(2)(1)  A defendant who is acquitted of criminal charges
4666	because of a finding of not guilty by reason of insanity may be
4667	involuntarily committed pursuant to such finding if the
4668	defendant is mentally ill and, because of the illness, is
4669	manifestly dangerous to himself or herself or others.
4670	(3)(2)  Every defendant acquitted of criminal charges by
4671	reason of insanity and found to meet the criteria for
4672	involuntary commitment may be committed and treated in
4673	accordance with the provisions of this section and the
4674	applicable Florida Rules of Criminal Procedure. The department
4675	shall admit a defendant so adjudicated to an appropriate
4676	facility or program for treatment and shall retain and treat
4677	such defendant. No later than 6 months after the date of
4678	admission, prior to the end of any period of extended
4679	commitment, or at any time the administrator or designee shall
4680	have determined that the defendant no longer meets the criteria
4681	for continued commitment placement, the administrator or
4682	designee shall file a report with the court pursuant to the
4683	applicable Florida Rules of Criminal Procedure.
4684	(4)(3)  In all proceedings under this section subsection,
4685	both the defendant and the state shall have the right to a
4686	hearing before the committing court. Evidence at such hearing
4687	may be presented by the hospital administrator or the
4688	administrator's designee as well as by the state and the
4689	defendant. The defendant shall have the right to counsel at any
4690	such hearing. In the event that a defendant is determined to be
4691	indigent pursuant to s. 27.52, the public defender shall
4692	represent the defendant. The parties shall have access to the
4693	defendant's records at the treating facilities and may interview
4694	or depose personnel who have had contact with the defendant at
4695	the treating facilities.
4696	Section 74.  Section 916.16, Florida Statutes, is amended
4697	to read:
4698	916.16  Jurisdiction of committing court.--
4699	(1)  The committing court shall retain jurisdiction over in
4700	the case of any defendant involuntarily committed due to a
4701	determination hospitalized as incompetent to proceed due to
4702	mental illness or because of a finding of not guilty by reason
4703	of insanity pursuant to this chapter. No such defendant may be
4704	released except by order of the committing court. An The
4705	administrative hearing examiner shall have no jurisdiction to
4706	determine issues of continuing commitment hospitalization or
4707	release of any defendant involuntarily committed admitted
4708	pursuant to this chapter.
4709	(2)  The committing court shall retain jurisdiction in the
4710	case of any defendant placed on conditional release pursuant to
4711	s. 916.17. No such defendant may be released from the conditions
4712	of release except by order of the committing court.
4713	Section 75.  Section 916.17, Florida Statutes, is amended
4714	to read:
4715	916.17  Conditional release.--
4716	(1)  The committing court may order a conditional release
4717	of any defendant who has been found to be incompetent to proceed
4718	or not guilty by reason of insanity, based on an approved plan
4719	for providing appropriate outpatient care and treatment. Except
4720	for an inmate currently serving a prison sentence, the
4721	committing court may order a conditional release of any
4722	defendant in lieu of an involuntary commitment to a facility
4723	pursuant to s. 916.13 or s. 916.15, based upon an approved plan
4724	for providing appropriate outpatient care and treatment. Upon a
4725	recommendation that outpatient treatment of the defendant is
4726	appropriate, a written plan for outpatient treatment, including
4727	recommendations from qualified professionals, must be filed with
4728	the court, with copies to all parties. Such a plan may also be
4729	submitted by the defendant and filed with the court with copies
4730	to all parties. The plan shall include:
4731	(a)  Special provisions for residential care or adequate
4732	supervision of the defendant.
4733	(b)  Provisions for outpatient mental health services.
4734	(c)  If appropriate, recommendations for auxiliary services
4735	such as vocational training, educational services, or special
4736	medical care.
4737
4738	In its order of conditional release, the court shall specify the
4739	conditions of release based upon the release plan and shall
4740	direct the appropriate agencies or persons to submit periodic
4741	reports to the court regarding the defendant's compliance with
4742	the conditions of the release and progress in treatment, with
4743	copies to all parties.
4744	(2)  Upon the filing of an affidavit or statement under
4745	oath by any person that the defendant has failed to comply with
4746	the conditions of release, that the defendant's condition has
4747	deteriorated to the point that inpatient care is required, or
4748	that the release conditions should be modified, the court shall
4749	hold a hearing within 7 days after receipt of the affidavit or
4750	statement under oath. After the hearing, the court may modify
4751	the release conditions. The court may also order that the
4752	defendant be returned to the department if it is found, after
4753	the appointment and report of experts, that the person meets the
4754	criteria for involuntary commitment under s. 916.13 or s. 916.15
4755	treatment.
4756	(3)  If at any time it is determined after a hearing that
4757	the defendant who has been conditionally released under
4758	subsection (1) no longer requires court-supervised followup
4759	care, the court shall terminate its jurisdiction in the cause
4760	and discharge the defendant.
4761	Section 76.  Section 916.301, Florida Statutes, is amended
4762	to read:
4763	916.301  Appointment of experts.--
4764	(1)  All evaluations ordered by the court under this part
4765	must be conducted by qualified experts with experience in
4766	evaluating persons with mental retardation or autism. The agency
4767	department shall maintain and provide the courts annually with a
4768	list of available mental retardation and autism professionals
4769	who are appropriately licensed and qualified to perform
4770	evaluations of defendants alleged to be incompetent to proceed
4771	due to retardation or autism. The courts may use professionals
4772	from this list when appointing experts and ordering evaluations
4773	under this part for defendants suspected of being retarded or
4774	autistic.
4775	(2)  If a defendant's suspected mental condition is
4776	retardation or autism, the court shall appoint a panel of
4777	experts consisting of the following: two experts, one of whom
4778	must be the developmental services program of the department,
4779	each of whom will evaluate whether the defendant meets the
4780	definition of retardation or autism and, if so, whether the
4781	defendant is competent to proceed.
4782	(a)(3)  At least one or, at the request of any party, two
4783	experts the court may appoint one additional expert to evaluate
4784	the defendant. The expert appointed by the court will evaluate
4785	whether the defendant meets the definition of retardation or
4786	autism and, if so, whether the defendant is competent to
4787	proceed.
4788	(b)(4)  An agency-selected The developmental services
4789	program shall select a psychologist who is licensed or
4790	authorized by law to practice in this state, with experience in
4791	evaluating persons suspected of having retardation or autism,
4792	and a social service professional, with experience in working
4793	with persons with retardation or autism to evaluate the
4794	defendant.
4795	1.(a)  The psychologist shall evaluate whether the
4796	defendant meets the definition of retardation or autism and, if
4797	so, whether the defendant is incompetent to proceed due to
4798	retardation or autism.
4799	2.(b)  The social service professional shall provide a
4800	social and developmental history of the defendant.
4801	(5)  All evaluations ordered by the court must be from
4802	qualified experts with experience in evaluating persons with
4803	retardation or autism.
4804	(3)(6)  The panel of experts may examine the defendant in
4805	jail, in another appropriate local facility, in a Department of
4806	Corrections facility, or on an outpatient basis.
4807	(4)(7)  Experts Expert witnesses appointed by the court to
4808	evaluate the mental condition of a defendant in a criminal case
4809	shall be allowed reasonable fees for services rendered as
4810	evaluators and as witnesses, which shall be paid in accordance
4811	with s. 29.004(6) by the court. State employees shall be paid
4812	expenses pursuant to s. 112.061. The fees shall be taxed as
4813	costs in the case. In order for the experts to be paid for the
4814	services rendered, the reports and testimony must explicitly
4815	address each of the factors and follow the procedures set out in
4816	this chapter and in the Florida Rules of Criminal Procedure.
4817	Section 77.  Section 916.3012, Florida Statutes, is amended
4818	to read:
4819	916.3012  Mental competence to proceed.--
4820	(1)  A defendant whose suspected mental condition is
4821	retardation or autism is incompetent to proceed within the
4822	meaning of this chapter if the defendant does not have
4823	sufficient present ability to consult with the defendant's
4824	lawyer with a reasonable degree of rational understanding or if
4825	the defendant has no rational, as well as factual, understanding
4826	of the proceedings against the defendant.
4827	(2)  The Experts in mental retardation or autism, appointed
4828	pursuant to s. 916.301, shall first consider whether the
4829	defendant meets the definition of retardation or autism and, if
4830	so, consider the factors related to the issue of whether the
4831	defendant meets the criteria for competence to proceed as
4832	described in subsection (1); that is, whether the defendant has
4833	sufficient present ability to consult with counsel with a
4834	reasonable degree of rational understanding and whether the
4835	defendant has a rational, as well as factual, understanding of
4836	the pending proceedings.
4837	(3)  In considering the issue of competence to proceed, the
4838	examining experts shall first consider and specifically include
4839	in their report the defendant's capacity to:
4840	(a)  Appreciate the charges or allegations against the
4841	defendant;
4842	(b)  Appreciate the range and nature of possible penalties,
4843	if applicable, that may be imposed in the proceedings against
4844	the defendant;
4845	(c)  Understand the adversarial nature of the legal
4846	process;
4847	(d)  Disclose to counsel facts pertinent to the proceedings
4848	at issue;
4849	(e)  Manifest appropriate courtroom behavior; and
4850	(f)  Testify relevantly; and
4851	(g)  and include in their report Any other factor deemed
4852	relevant by the experts.
4853	(4)  If the experts should find that the defendant is
4854	incompetent to proceed, the experts shall report on any
4855	recommended training for the defendant to attain competence to
4856	proceed. In considering the issues relating to training, the
4857	examining experts shall specifically report on:
4858	(a)  The retardation or autism causing the incompetence;
4859	(b)  The training appropriate for the retardation or autism
4860	of the defendant and an explanation of each of the possible
4861	training alternatives in order of choices;
4862	(c)  The availability of acceptable training and, if
4863	training is available in the community, the expert shall so
4864	state in the report; and
4865	(d)  The likelihood of the defendant's attaining competence
4866	under the training recommended, an assessment of the probable
4867	duration of the training required to restore competence, and the
4868	probability that the defendant will attain competence to proceed
4869	in the foreseeable future.
4870	Section 78.  Section 916.302, Florida Statutes, is amended
4871	to read:
4872	916.302  Involuntary commitment of defendant determined to
4873	be incompetent to proceed due to retardation or autism.--
4874	(1)  CRITERIA.--Every defendant who is charged with a
4875	felony and who is adjudicated found to be incompetent to proceed
4876	due to mental retardation or autism, pursuant to this chapter
4877	and the applicable Florida Rules of Criminal Procedure, may be
4878	involuntarily committed for training upon a finding by the court
4879	of clear and convincing evidence that:
4880	(a)  The defendant is retarded or autistic;
4881	(b)  There is a substantial likelihood that in the near
4882	future the defendant will inflict serious bodily harm on himself
4883	or herself or another person, as evidenced by recent behavior
4884	causing, attempting, or threatening such harm;
4885	(c)  All available, less restrictive alternatives,
4886	including services provided in community residential facilities
4887	or other community settings, which would offer an opportunity
4888	for improvement of the condition have been judged to be
4889	inappropriate; and
4890	(d)  There is a substantial probability that the
4891	retardation or autism causing the defendant's incompetence will
4892	respond to training and the defendant will regain competency to
4893	proceed in the reasonably foreseeable future.
4894	(2)  ADMISSION TO A FACILITY.--
4895	(a)  A defendant who has been charged with a felony and who
4896	is found to be incompetent to proceed due to mental retardation
4897	or autism, and who meets the criteria for involuntary commitment
4898	to the agency department under the provisions of this chapter,
4899	shall be committed to the agency department, and the agency
4900	department shall retain and provide appropriate training to
4901	serve the defendant. No later than 6 months after the date of
4902	admission or at the end of any period of extended commitment or
4903	at any time the administrator or designee shall have determined
4904	that the defendant has regained competency to proceed or no
4905	longer meets the criteria for continued commitment, the
4906	administrator or designee shall file a report with the court
4907	pursuant to this chapter and the applicable Florida Rules of
4908	Criminal Procedure.
4909	(b)  A defendant determined to be incompetent to proceed
4910	due to retardation or autism may be ordered by a circuit court
4911	into a forensic secure facility designated by the agency
4912	department for retarded or autistic defendants.
4913	(c)  The agency department may transfer a defendant from a
4914	designated forensic secure facility to another designated
4915	forensic secure facility and must notify the court of the
4916	transfer within 30 days after the transfer is completed.
4917	(d)  The agency department may not transfer a defendant
4918	from a designated forensic secure facility to a civil nonsecure
4919	facility without first notifying the court, and all parties, 30
4920	days before the proposed transfer. If the court objects to the
4921	proposed transfer to a nonsecure facility, it must send its
4922	written objection to the agency department. The agency
4923	department may transfer the defendant unless it receives the
4924	written objection from the court within 30 days after the
4925	court's receipt of the notice of the proposed transfer.
4926	(3)  PLACEMENT OF DUALLY DIAGNOSED DEFENDANTS.--
4927	(a)  If a defendant is both retarded or autistic and
4928	mentally ill, evaluations must address which condition is
4929	primarily affecting the defendant's competency to proceed.
4930	Referral of the defendant should be made to a civil or forensic
4931	the facility or program most appropriate to address the symptoms
4932	which are the cause of the defendant's incompetence.
4933	(b)  Transfer from one civil or forensic facility or
4934	program to another civil or forensic facility or program may
4935	occur when, in the department's and agency's judgment, it is in
4936	the defendant's best treatment or training interests. The
4937	department and agency shall submit an evaluation and
4938	justification for the transfer to the court. The court may
4939	consult with an outside expert if necessary. Transfer will
4940	require an amended order from the committing court.
4941	Section 79.  Section 916.3025, Florida Statutes, is amended
4942	to read:
4943	916.3025  Jurisdiction of committing court.--
4944	(1)  The committing court shall retain jurisdiction in the
4945	case of any defendant found to be incompetent to proceed due to
4946	retardation or autism and ordered into a forensic secure
4947	facility designated by the agency department for retarded or
4948	autistic defendants. No defendant may be released except by the
4949	order of the committing court. An administrative hearing
4950	examiner shall have no jurisdiction to determine issues of
4951	continuing commitment or release of any defendant involuntarily
4952	committed pursuant to this chapter.
4953	(2)  The committing court shall retain jurisdiction in the
4954	case of any defendant placed on conditional release pursuant to
4955	s. 916.304. No such defendant may be released from the
4956	conditions of release except by order of the committing court.
4957	(3)  The committing court shall consider a the petition to
4958	involuntarily admit a defendant whose charges have been
4959	dismissed to residential services provided by the agency
4960	department's developmental services program a person whose
4961	charges have been dismissed, and, when applicable, to continue
4962	secure placement of such person as provided in s. 916.303. The
4963	committing court shall retain jurisdiction over such person so
4964	long as he or she remains in secure placement or is on
4965	conditional release as provided in s. 916.304. However, upon
4966	request, the court may transfer the continuing jurisdiction to
4967	the court in the circuit where the defendant resides if
4968	different from where the original secure placement order was
4969	issued. No person may be released from an order for secure
4970	placement except by the order of the court.
4971	Section 80.  Section 916.303, Florida Statutes, is amended
4972	to read:
4973	916.303  Determination of incompetency due to mental
4974	retardation or autism; dismissal of charges.--
4975	(1)  Except for an inmate currently serving a prison
4976	sentence, the charges against any defendant found to be
4977	incompetent to proceed due to mental retardation or autism shall
4978	be dismissed without prejudice to the state if the defendant
4979	remains incompetent to proceed within a reasonable time after
4980	such determination, not to exceed 2 years, unless the court in
4981	its order specifies its reasons for believing that the defendant
4982	will become competent to proceed within the foreseeable future
4983	and specifies the time within which the defendant is expected to
4984	become competent to proceed. The charges may be refiled by the
4985	state against the defendant are dismissed without prejudice to
4986	the state to refile the charges should the defendant be declared
4987	competent to proceed in the future.
4988	(2)(a)  If the charges are dismissed and if the defendant
4989	is considered to lack sufficient capacity to give express and
4990	informed consent to a voluntary application for services and
4991	lacks the basic survival and self-care skills to provide for his
4992	or her well-being or is likely to physically injure himself or
4993	herself or others if allowed to remain at liberty, the agency
4994	department, the state attorney, or the defendant's attorney
4995	shall may apply to the committing court to involuntarily admit
4996	the defendant to residential services pursuant to s. 393.11.
4997	(3)(b)  If the defendant is considered to need involuntary
4998	residential services for the reasons described in subsection (2)
4999	under s. 393.11 and, further, there is a substantial likelihood
5000	that the defendant will injure another person or continues to
5001	present a danger of escape, and all available less restrictive
5002	alternatives, including services in community residential
5003	facilities or other community settings, which would offer an
5004	opportunity for improvement of the condition have been judged to
5005	be inappropriate, then the agency person or entity filing the
5006	petition under s. 393.11, the state attorney, or the defendant's
5007	counsel may request, the petitioning commission, or the
5008	department may also petition the committing court to continue
5009	the defendant's placement in a secure facility or program
5010	pursuant to this part section. Any placement so continued
5011	defendant involuntarily admitted under this subsection must be
5012	paragraph shall have his or her status reviewed by the court at
5013	least annually at a hearing. The annual review and hearing shall
5014	determine whether the defendant continues to meet the criteria
5015	described in this subsection for involuntary residential
5016	services and, if so, whether the defendant still requires
5017	involuntary placement in a secure facility or program because
5018	the court finds that the defendant is likely to physically
5019	injure others as specified in s. 393.11 and whether the
5020	defendant is receiving adequate care, treatment, habilitation,
5021	and rehabilitation, including psychotropic medication and
5022	behavioral programming. Notice of the annual review and review
5023	hearing shall be given to the state attorney and to the
5024	defendant's attorney. In no instance may a defendant's placement
5025	in a secure facility or program exceed the maximum sentence for
5026	the crime for which the defendant was charged.
5027	Section 81.  Section 916.304, Florida Statutes, is amended
5028	to read:
5029	916.304  Conditional release.--
5030	(1)  Except for an inmate currently serving a prison
5031	sentence, the committing court may order a conditional release
5032	of any defendant who has been found to be incompetent to proceed
5033	due to mental retardation or autism, based on an approved plan
5034	for providing continuing community-based training. The
5035	committing criminal court may order a conditional release of any
5036	defendant to a civil facility in lieu of an involuntary
5037	commitment to a forensic facility pursuant to s. 916.302. Upon a
5038	recommendation that community-based training for the defendant
5039	is appropriate, a written plan for community-based training,
5040	including recommendations from qualified professionals, may be
5041	filed with the court, with copies to all parties. Such a plan
5042	may also be submitted by the defendant and filed with the court,
5043	with copies to all parties. The plan shall include:
5044	(a)  Special provisions for residential care and adequate
5045	supervision of the defendant, including recommended location of
5046	placement.
5047	(b)  Recommendations for auxiliary services such as
5048	vocational training, psychological training, educational
5049	services, leisure services, and special medical care.
5050
5051	In its order of conditional release, the court shall specify the
5052	conditions of release based upon the release plan and shall
5053	direct the appropriate agencies or persons to submit periodic
5054	reports to the courts regarding the defendant's compliance with
5055	the conditions of the release and progress in training, with
5056	copies to all parties.
5057	(2)  Upon the filing of an affidavit or statement under
5058	oath by any person that the defendant has failed to comply with
5059	the conditions of release, that the defendant's condition has
5060	deteriorated, or that the release conditions should be modified,
5061	the court shall hold a hearing within 7 days after receipt of
5062	the affidavit or statement under oath. With notice to the court,
5063	the agency may detain a defendant in a forensic facility until
5064	the hearing occurs. After the hearing, the court may modify the
5065	release conditions. The court may also order that the defendant
5066	be placed into more appropriate programs for further training or
5067	may order the defendant to be committed returned to a forensic
5068	facility involuntary residential services of the department if
5069	it is found, after the appointment and report of experts, that
5070	the defendant meets the criteria for placement in a forensic
5071	facility involuntary residential services.
5072	(3)  If at any time it is determined after a hearing that
5073	the defendant conditionally released under subsection (1) no
5074	longer requires court-supervised followup care, the court shall
5075	terminate its jurisdiction in the cause and discharge the
5076	defendant.
5077	Section 82.  Subsection (1) of section 921.137, Florida
5078	Statutes, is amended to read:
5079	921.137  Imposition of the death sentence upon a mentally
5080	retarded defendant with mental retardation prohibited.--
5081	(1)  As used in this section, the term "mental retardation"
5082	means significantly subaverage general intellectual functioning
5083	existing concurrently with deficits in adaptive behavior and
5084	manifested during the period from conception to age 18. The term
5085	"significantly subaverage general intellectual functioning," for
5086	the purpose of this section, means performance that is two or
5087	more standard deviations from the mean score on a standardized
5088	intelligence test specified in the rules of the Agency for
5089	Persons with Disabilities Department of Children and Family
5090	Services. The term "adaptive behavior," for the purpose of this
5091	definition, means the effectiveness or degree with which an
5092	individual meets the standards of personal independence and
5093	social responsibility expected of his or her age, cultural
5094	group, and community. The Agency for Persons with Disabilities
5095	Department of Children and Family Services shall adopt rules to
5096	specify the standardized intelligence tests as provided in this
5097	subsection.
5098	Section 83.  Section 944.602, Florida Statutes, is amended
5099	to read:
5100	944.602  Notification of the Agency for Persons with
5101	Disabilities Department of Children and Family Services before
5102	release of inmates with mental retardation mentally retarded
5103	inmates.--Before the release by parole, release by reason of
5104	gain-time allowances provided for in s. 944.291, or expiration
5105	of sentence of any inmate who has been diagnosed as mentally
5106	retarded as defined in s. 393.063, the Department of Corrections
5107	shall notify the Agency for Persons with Disabilities Department
5108	of Children and Family Services in order that sufficient time be
5109	allowed to notify the inmate or the inmate's representative, in
5110	writing, at least 7 days prior to the inmate's release, of
5111	available community services.
5112	Section 84.  Subsections (2) and (3) of section 945.025,
5113	Florida Statutes, are amended to read:
5114	945.025  Jurisdiction of department.--
5115	(2)  In establishing, operating, and utilizing these
5116	facilities, the department shall attempt, whenever possible, to
5117	avoid the placement of nondangerous offenders who have potential
5118	for rehabilitation with repeat offenders or dangerous offenders.
5119	Medical, mental, and psychological problems shall be diagnosed
5120	and treated whenever possible. The Department of Children and
5121	Family Services and the Agency for Persons with Disabilities
5122	shall cooperate to ensure the delivery of services to persons
5123	under the custody or supervision of the department. When it is
5124	the intent of the department to transfer a mentally ill or
5125	mentally retarded prisoner to the Department of Children and
5126	Family Services or the Agency for Persons with Disabilities, an
5127	involuntary commitment hearing shall be held according to the
5128	provisions of chapter 393 or chapter 394.
5129	(3)  There shall be other correctional facilities,
5130	including detention facilities of varying levels of security,
5131	work-release facilities, and community correctional facilities,
5132	halfway houses, and other approved community residential and
5133	nonresidential facilities and programs; however, no adult
5134	correctional facility may be established by changing the use and
5135	purpose of any mental health facility or mental health
5136	institution under the jurisdiction of any state agency or
5137	department without authorization in the General Appropriation
5138	Act or other approval by the Legislature. Any facility the
5139	purpose and use of which was changed subsequent to January 1,
5140	1975, shall be returned to its original use and purpose by July
5141	1, 1977. However, the G. Pierce Wood Memorial Hospital located
5142	at Arcadia, DeSoto County, may not be converted into a
5143	correctional facility as long as such hospital is in use as a
5144	state mental health hospital. Any community residential facility
5145	may be deemed a part of the state correctional system for
5146	purposes of maintaining custody of offenders, and for this
5147	purpose the department may contract for and purchase the
5148	services of such facilities.
5149	Section 85.  Section 947.185, Florida Statutes, is amended
5150	to read:
5151	947.185  Application for mental retardation services as
5152	condition of parole.--The Parole Commission may require as a
5153	condition of parole that any inmate who has been diagnosed as
5154	mentally retarded as defined in s. 393.063 shall, upon release,
5155	apply for mental retardation services from the Agency for
5156	Persons with Disabilities Department of Children and Family
5157	Services.
5158	Section 86.  Section 985.223, Florida Statutes, is amended
5159	to read:
5160	985.223  Incompetency in juvenile delinquency cases.--
5161	(1)  If, at any time prior to or during a delinquency case,
5162	the court has reason to believe that the child named in the
5163	petition may be incompetent to proceed with the hearing, the
5164	court on its own motion may, or on the motion of the child's
5165	attorney or state attorney must, stay all proceedings and order
5166	an evaluation of the child's mental condition.
5167	(a)  Any motion questioning the child's competency to
5168	proceed must be served upon the child's attorney, the state
5169	attorney, the attorneys representing the Department of Juvenile
5170	Justice, and the attorneys representing the Department of
5171	Children and Family Services or the Agency for Persons with
5172	Disabilities. Thereafter, any motion, notice of hearing, order,
5173	or other legal pleading relating to the child's competency to
5174	proceed with the hearing must be served upon the child's
5175	attorney, the state attorney, the attorneys representing the
5176	Department of Juvenile Justice, and the attorneys representing
5177	the Department of Children and Family Services or the Agency for
5178	Persons with Disabilities.
5179	(b)  All determinations of competency shall be made at a
5180	hearing, with findings of fact based on an evaluation of the
5181	child's mental condition made by not less than two nor more than
5182	three experts appointed by the court. The basis for the
5183	determination of incompetency must be specifically stated in the
5184	evaluation. In addition, a recommendation as to whether
5185	residential or nonresidential treatment or training is required
5186	must be included in the evaluation. Experts appointed by the
5187	court to determine the mental condition of a child shall be
5188	allowed reasonable fees for services rendered. State employees
5189	may be paid expenses pursuant to s. 112.061. The fees shall be
5190	taxed as costs in the case.
5191	(c)  All court orders determining incompetency must include
5192	specific written findings by the court as to the nature of the
5193	incompetency and whether the child requires secure or nonsecure
5194	treatment or training environments.
5195	(d)  For incompetency evaluations related to mental
5196	illness, the Department of Children and Family Services shall
5197	maintain and annually provide the courts with a list of
5198	available mental health professionals who have completed a
5199	training program approved by the Department of Children and
5200	Family Services to perform the evaluations.
5201	(e)  For incompetency evaluations related to mental
5202	retardation or autism, the court shall order the Agency for
5203	Persons with Disabilities Developmental Disabilities Program
5204	Office within the Department of Children and Family Services to
5205	examine the child to determine if the child meets the definition
5206	of "mental retardation" or "autism" in s. 393.063 and, if so,
5207	whether the child is competent to proceed with delinquency
5208	proceedings.
5209	(f)  A child is competent to proceed if the child has
5210	sufficient present ability to consult with counsel with a
5211	reasonable degree of rational understanding and the child has a
5212	rational and factual understanding of the present proceedings.
5213	The report must address the child's capacity to:
5214	1.  Appreciate the charges or allegations against the
5215	child.
5216	2.  Appreciate the range and nature of possible penalties
5217	that may be imposed in the proceedings against the child, if
5218	applicable.
5219	3.  Understand the adversarial nature of the legal process.
5220	4.  Disclose to counsel facts pertinent to the proceedings
5221	at issue.
5222	5.  Display appropriate courtroom behavior.
5223	6.  Testify relevantly.
5224	(g)  Immediately upon the filing of the court order finding
5225	a child incompetent to proceed, the clerk of the court shall
5226	notify the Department of Children and Family Services or the
5227	Agency for Persons with Disabilities and fax or hand deliver to
5228	the Department of Children and Family Services a referral packet
5229	which includes, at a minimum, the court order, the charging
5230	documents, the petition, and the court-appointed evaluator's
5231	reports.
5232	(h)  After placement of the child in the appropriate
5233	setting, the Department of Children and Family Services or the
5234	Agency for Persons with Disabilities, as appropriate, must,
5235	within 30 days after placement of the Department of Children and
5236	Family Services places the child, prepare and submit to the
5237	court a treatment or training plan for the child's restoration
5238	of competency. A copy of the treatment plan must be served upon
5239	the child's attorney, the state attorney, and the attorneys
5240	representing the Department of Juvenile Justice.
5241	(2)  A child who is mentally ill or retarded, who is
5242	adjudicated incompetent to proceed, and who has committed a
5243	delinquent act or violation of law, either of which would be a
5244	felony if committed by an adult, must be committed to the
5245	Department of Children and Family Services for mental health
5246	treatment or to the Agency for Persons with Disabilities for
5247	training appropriate to a person with mental retardation or
5248	autism. A child who has been adjudicated incompetent to proceed
5249	because of age or immaturity, or for any reason other than for
5250	mental illness, mental or retardation, or autism, must not be
5251	committed to the department, or to the Department of Children
5252	and Family Services, or the Agency for Persons with Disabilities
5253	for restoration-of-competency treatment or training services.
5254	For purposes of this section, a child who has committed a
5255	delinquent act or violation of law, either of which would be a
5256	misdemeanor if committed by an adult, may not be committed to
5257	the department, or to the Department of Children and Family
5258	Services, or the Agency for Persons with Disabilities for
5259	restoration-of-competency treatment or training services.
5260	(3)  If the court finds that a child is mentally ill,
5261	mentally or retarded, or autistic and adjudicates the child
5262	incompetent to proceed, the court must also determine whether
5263	the child meets the criteria for secure placement. A child may
5264	be placed in a secure facility or program if the court makes a
5265	finding by clear and convincing evidence that:
5266	(a)  The child is mentally ill and because of the mental
5267	illness; or the child is mentally retarded or autistic and
5268	because of the mental retardation or autism:
5269	1.  The child is manifestly incapable of surviving with the
5270	help of willing and responsible family or friends, including
5271	available alternative services, and without treatment or
5272	training the child is likely to either suffer from neglect or
5273	refuse to care for self, and such neglect or refusal poses a
5274	real and present threat of substantial harm to the child's well-
5275	being; or
5276	2.  There is a substantial likelihood that in the near
5277	future the child will inflict serious bodily harm on self or
5278	others, as evidenced by recent behavior causing, attempting, or
5279	threatening such harm; and
5280	(b)  All available less restrictive alternatives, including
5281	treatment or training in community residential facilities or
5282	community settings which would offer an opportunity for
5283	improvement of the child's condition, are inappropriate.
5284	(4)  A child who is determined to be mentally ill, mentally
5285	or retarded, or autistic who has been adjudicated incompetent to
5286	proceed, and who meets the criteria set forth in subsection (3),
5287	must be committed to the Department of Children and Family
5288	Services or the Agency for Persons with Disabilities, and
5289	receive treatment or training the Department of Children and
5290	Family Services must treat or train the child in a secure
5291	facility or program which is the least restrictive alternative
5292	consistent with public safety. Any placement of a child to a
5293	secure residential program must be separate from adult forensic
5294	programs. If the child attains competency, then custody, case
5295	management, and supervision of the child will be transferred to
5296	the department in order to continue delinquency proceedings;
5297	however, the court retains authority to order the Department of
5298	Children and Family Services or the Agency for Persons with
5299	Disabilities to provide continued treatment or training to
5300	maintain competency.
5301	(a)  A child adjudicated incompetent due to mental
5302	retardation or autism may be ordered into a secure program or
5303	facility designated by the Agency for Persons with Disabilities
5304	Department of Children and Family Services for mentally retarded
5305	or autistic children.
5306	(b)  A child adjudicated incompetent due to mental illness
5307	may be ordered into a secure program or facility designated by
5308	the Department of Children and Family Services for mentally ill
5309	children.
5310	(c)  Whenever a child is placed in a secure residential
5311	facility, the department will provide transportation to the
5312	secure residential facility for admission and from the secure
5313	residential facility upon discharge.
5314	(d)  The purpose of the treatment or training is the
5315	restoration of the child's competency to proceed.
5316	(e)  The service provider must file a written report with
5317	the court pursuant to the applicable Florida Rules of Juvenile
5318	Procedure not later than 6 months after the date of commitment,
5319	or at the end of any period of extended treatment or training,
5320	and at any time the Department of Children and Family Services
5321	or the Agency for Persons with Disabilities, through its service
5322	provider determines the child has attained competency or no
5323	longer meets the criteria for secure placement, or at such
5324	shorter intervals as ordered by the court. A copy of a written
5325	report evaluating the child's competency must be filed by the
5326	provider with the court and with the state attorney, the child's
5327	attorney, the department, and the Department of Children and
5328	Family Services or the Agency for Persons with Disabilities.
5329	(5)(a)  If a child is determined to be incompetent to
5330	proceed, the court shall retain jurisdiction of the child for up
5331	to 2 years after the date of the order of incompetency, with
5332	reviews at least every 6 months to determine competency.
5333	(b)  Whenever the provider files a report with the court
5334	informing the court that the child will never become competent
5335	to proceed, the Department of Children and Family Services or
5336	the Agency for Persons with Disabilities shall will develop a
5337	discharge plan for the child prior to any hearing determining
5338	whether the child will ever become competent to proceed and send
5339	such. The Department of Children and Family Services must send
5340	the proposed discharge plan to the court, the state attorney,
5341	the child's attorney, and the attorneys representing the
5342	Department of Juvenile Justice. The provider shall will continue
5343	to provide services to the child until the court issues the
5344	order finding the child will never become competent to proceed.
5345	(c)  If the court determines at any time that the child
5346	will never become competent to proceed, the court may dismiss
5347	the delinquency petition. If, at the end of the 2-year period
5348	following the date of the order of incompetency, the child has
5349	not attained competency and there is no evidence that the child
5350	will attain competency within a year, the court must dismiss the
5351	delinquency petition. If appropriate, the court may order that
5352	proceedings under chapter 393 or chapter 394 be instituted. Such
5353	proceedings must be instituted not less than 60 days prior to
5354	the dismissal of the delinquency petition.
5355	(6)(a)  If a child is determined to be mentally ill,
5356	mentally or retarded, or autistic and is found to be incompetent
5357	to proceed but does not meet the criteria set forth in
5358	subsection (3), the court shall commit the child to the
5359	Department of Children and Family Services or the Agency for
5360	Persons with Disabilities and shall order the respective agency
5361	Department of Children and Family Services to provide
5362	appropriate treatment and training in the community. The purpose
5363	of the treatment or training is the restoration of the child's
5364	competency to proceed.
5365	(b)  All court-ordered treatment or training must be the
5366	least restrictive alternative that is consistent with public
5367	safety. Any placement by the Department of Children and Family
5368	Services or the Agency for Persons with Disabilities to a
5369	residential program must be separate from adult forensic
5370	programs.
5371	(c)  If a child is ordered to receive competency
5372	restoration services, the services shall be provided by the
5373	Department of Children and Family Services or the Agency for
5374	Persons with Disabilities. The department shall continue to
5375	provide case management services to the child and receive notice
5376	of the competency status of the child.
5377	(d)  The service provider must file a written report with
5378	the court pursuant to the applicable Florida Rules of Juvenile
5379	Procedure, not later than 6 months after the date of commitment,
5380	at the end of any period of extended treatment or training, and
5381	at any time the service provider determines the child has
5382	attained competency or will never attain competency, or at such
5383	shorter intervals as ordered by the court. A copy of a written
5384	report evaluating the child's competency must be filed by the
5385	provider with the court, the state attorney, the child's
5386	attorney, the Department of Children and Family Services or the
5387	Agency for Persons with Disabilities, and the department.
5388	(7)  The provisions of this section shall be implemented
5389	only subject to specific appropriation.
5390	Section 87.  Subsection (1) of section 985.224, Florida
5391	Statutes, is amended to read:
5392	985.224  Medical, psychiatric, psychological, substance
5393	abuse, and educational examination and treatment.--
5394	(1)  After a detention petition or a petition for
5395	delinquency has been filed, the court may order the child named
5396	in the petition to be examined by a physician. The court may
5397	also order the child to be evaluated by a psychiatrist or a
5398	psychologist, by a district school board educational needs
5399	assessment team, or, if a developmental disability is suspected
5400	or alleged, by a the developmental disabilities diagnostic and
5401	evaluation team with of the Agency for Persons with Disabilities
5402	Department of Children and Family Services. If it is necessary
5403	to place a child in a residential facility for such evaluation,
5404	the criteria and procedures established in chapter 393, chapter
5405	394, or chapter 397, whichever is applicable, shall be used.
5406	Section 88.  Section 1003.58, Florida Statutes, is amended
5407	to read:
5408	1003.58  Students in residential care facilities.--Each
5409	district school board shall provide educational programs
5410	according to rules of the State Board of Education to students
5411	who reside in residential care facilities operated by the
5412	Department of Children and Family Services or the Agency for
5413	Persons with Disabilities.
5414	(1)  The district school board shall not be charged any
5415	rent, maintenance, utilities, or overhead on such facilities.
5416	Maintenance, repairs, and remodeling of existing facilities
5417	shall be provided by the Department of Children and Family
5418	Services or the Agency for Persons with Disabilities, as
5419	appropriate.
5420	(2)  If additional facilities are required, the district
5421	school board and the Department of Children and Family Services
5422	or the Agency for Persons with Disabilities, as appropriate,
5423	shall agree on the appropriate site based on the instructional
5424	needs of the students. When the most appropriate site for
5425	instruction is on district school board property, a special
5426	capital outlay request shall be made by the commissioner in
5427	accordance with s. 1013.60. When the most appropriate site is on
5428	state property, state capital outlay funds shall be requested by
5429	the department or the agency in accordance with chapter 216 of
5430	Children and Family Services as provided by s. 216.043 and shall
5431	be submitted as specified by s. 216.023. Any instructional
5432	facility to be built on state property shall have educational
5433	specifications jointly developed by the school district and the
5434	department or the agency of Children and Family Services and
5435	approved by the Department of Education. The size of space and
5436	occupant design capacity criteria as provided by state board
5437	rules shall be used for remodeling or new construction whether
5438	facilities are provided on state property or district school
5439	board property. The planning of such additional facilities shall
5440	incorporate current state Department of Children and Family
5441	Services deinstitutionalization goals and plans.
5442	(3)  The district school board shall have full and complete
5443	authority in the matter of the assignment and placement of such
5444	students in educational programs. The parent of an exceptional
5445	student shall have the same due process rights as are provided
5446	under s. 1003.57(5).
5447	(4)  The district school board shall have a written
5448	agreement with the Department of Children and Family Services
5449	and the Agency for Persons with Disabilities outlining the
5450	respective duties and responsibilities of each party.
5451
5452	Notwithstanding the provisions herein, the educational program
5453	at the Marianna Sunland Center in Jackson County shall be
5454	operated by the Department of Education, either directly or
5455	through grants or contractual agreements with other public or
5456	duly accredited educational agencies approved by the Department
5457	of Education.
5458	Section 89.  Paragraph (c) of subsection (3) of section
5459	17.61, Florida Statutes, is amended to read:
5460	17.61  Chief Financial Officer; powers and duties in the
5461	investment of certain funds.--
5462	(3)
5463	(c)  Except as provided in this paragraph and except for
5464	moneys described in paragraph (d), the following agencies shall
5465	not invest trust fund moneys as provided in this section, but
5466	shall retain such moneys in their respective trust funds for
5467	investment, with interest appropriated to the General Revenue
5468	Fund, pursuant to s. 17.57:
5469	1.  The Agency for Health Care Administration, except for
5470	the Tobacco Settlement Trust Fund.
5471	2.  The Department of Children and Family Services, except
5472	for:
5473	a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.
5474	b.  The Community Resources Development Loan Program Trust
5475	Fund.
5476	c.  The Refugee Assistance Trust Fund.
5477	d.  The Social Services Block Grant Trust Fund.
5478	e.  The Tobacco Settlement Trust Fund.
5479	f.  The Working Capital Trust Fund.
5480	3.  The Department of Community Affairs, only for the
5481	Operating Trust Fund.
5482	4.  The Department of Corrections.
5483	5.  The Department of Elderly Affairs, except for:
5484	a.  The Federal Grants Trust Fund.
5485	b.  The Tobacco Settlement Trust Fund.
5486	6.  The Department of Health, except for:
5487	a.  The Federal Grants Trust Fund.
5488	b.  The Grants and Donations Trust Fund.
5489	c.  The Maternal and Child Health Block Grant Trust Fund.
5490	d.  The Tobacco Settlement Trust Fund.
5491	7.  The Department of Highway Safety and Motor Vehicles,
5492	only for:
5493	a.  The DUI Programs Coordination Trust Fund.
5494	b.  The Security Deposits Trust Fund.
5495	8.  The Department of Juvenile Justice.
5496	9.  The Department of Law Enforcement.
5497	10.  The Department of Legal Affairs.
5498	11.  The Department of State, only for:
5499	a.  The Grants and Donations Trust Fund.
5500	b.  The Records Management Trust Fund.
5501	12.  The Executive Office of the Governor, only for:
5502	a.  The Economic Development Transportation Trust Fund.
5503	b.  The Economic Development Trust Fund.
5504	13.  The Florida Public Service Commission, only for the
5505	Florida Public Service Regulatory Trust Fund.
5506	14.  The Justice Administrative Commission.
5507	15.  The state courts system.
5508	Section 90.  Paragraph (b) of subsection (7) of section
5509	39.001, Florida Statutes, is amended to read:
5510	39.001  Purposes and intent; personnel standards and
5511	screening.--
5512	(7)  PLAN FOR COMPREHENSIVE APPROACH.--
5513	(b)  The development of the comprehensive state plan shall
5514	be accomplished in the following manner:
5515	1.  The department shall establish an interprogram task
5516	force comprised of the Program Director for Family Safety, or a
5517	designee, a representative from the Child Care Services Program
5518	Office, a representative from the Family Safety Program Office,
5519	a representative from the Mental Health Program Office, a
5520	representative from the Substance Abuse Program Office, a
5521	representative from the Agency for Persons with Disabilities
5522	Developmental Disabilities Program Office, and a representative
5523	from the Division of Children's Medical Services Prevention and
5524	Intervention of the Department of Health. Representatives of the
5525	Department of Law Enforcement and of the Department of Education
5526	shall serve as ex officio members of the interprogram task
5527	force. The interprogram task force shall be responsible for:
5528	a.  Developing a plan of action for better coordination and
5529	integration of the goals, activities, and funding pertaining to
5530	the prevention of child abuse, abandonment, and neglect
5531	conducted by the department in order to maximize staff and
5532	resources at the state level. The plan of action shall be
5533	included in the state plan.
5534	b.  Providing a basic format to be utilized by the
5535	districts in the preparation of local plans of action in order
5536	to provide for uniformity in the district plans and to provide
5537	for greater ease in compiling information for the state plan.
5538	c.  Providing the districts with technical assistance in
5539	the development of local plans of action, if requested.
5540	d.  Examining the local plans to determine if all the
5541	requirements of the local plans have been met and, if they have
5542	not, informing the districts of the deficiencies and requesting
5543	the additional information needed.
5544	e.  Preparing the state plan for submission to the
5545	Legislature and the Governor. Such preparation shall include the
5546	collapsing of information obtained from the local plans, the
5547	cooperative plans with the Department of Education, and the plan
5548	of action for coordination and integration of departmental
5549	activities into one comprehensive plan. The comprehensive plan
5550	shall include a section reflecting general conditions and needs,
5551	an analysis of variations based on population or geographic
5552	areas, identified problems, and recommendations for change. In
5553	essence, the plan shall provide an analysis and summary of each
5554	element of the local plans to provide a statewide perspective.
5555	The plan shall also include each separate local plan of action.
5556	f.  Working with the specified state agency in fulfilling
5557	the requirements of subparagraphs 2., 3., 4., and 5.
5558	2.  The department, the Department of Education, and the
5559	Department of Health shall work together in developing ways to
5560	inform and instruct parents of school children and appropriate
5561	district school personnel in all school districts in the
5562	detection of child abuse, abandonment, and neglect and in the
5563	proper action that should be taken in a suspected case of child
5564	abuse, abandonment, or neglect, and in caring for a child's
5565	needs after a report is made. The plan for accomplishing this
5566	end shall be included in the state plan.
5567	3.  The department, the Department of Law Enforcement, and
5568	the Department of Health shall work together in developing ways
5569	to inform and instruct appropriate local law enforcement
5570	personnel in the detection of child abuse, abandonment, and
5571	neglect and in the proper action that should be taken in a
5572	suspected case of child abuse, abandonment, or neglect.
5573	4.  Within existing appropriations, the department shall
5574	work with other appropriate public and private agencies to
5575	emphasize efforts to educate the general public about the
5576	problem of and ways to detect child abuse, abandonment, and
5577	neglect and in the proper action that should be taken in a
5578	suspected case of child abuse, abandonment, or neglect. The plan
5579	for accomplishing this end shall be included in the state plan.
5580	5.  The department, the Department of Education, and the
5581	Department of Health shall work together on the enhancement or
5582	adaptation of curriculum materials to assist instructional
5583	personnel in providing instruction through a multidisciplinary
5584	approach on the identification, intervention, and prevention of
5585	child abuse, abandonment, and neglect. The curriculum materials
5586	shall be geared toward a sequential program of instruction at
5587	the four progressional levels, K-3, 4-6, 7-9, and 10-12.
5588	Strategies for encouraging all school districts to utilize the
5589	curriculum are to be included in the comprehensive state plan
5590	for the prevention of child abuse, abandonment, and neglect.
5591	6.  Each district of the department shall develop a plan
5592	for its specific geographical area. The plan developed at the
5593	district level shall be submitted to the interprogram task force
5594	for utilization in preparing the state plan. The district local
5595	plan of action shall be prepared with the involvement and
5596	assistance of the local agencies and organizations listed in
5597	paragraph (a), as well as representatives from those
5598	departmental district offices participating in the treatment and
5599	prevention of child abuse, abandonment, and neglect. In order to
5600	accomplish this, the district administrator in each district
5601	shall establish a task force on the prevention of child abuse,
5602	abandonment, and neglect. The district administrator shall
5603	appoint the members of the task force in accordance with the
5604	membership requirements of this section. In addition, the
5605	district administrator shall ensure that each subdistrict is
5606	represented on the task force; and, if the district does not
5607	have subdistricts, the district administrator shall ensure that
5608	both urban and rural areas are represented on the task force.
5609	The task force shall develop a written statement clearly
5610	identifying its operating procedures, purpose, overall
5611	responsibilities, and method of meeting responsibilities. The
5612	district plan of action to be prepared by the task force shall
5613	include, but shall not be limited to:
5614	a.  Documentation of the magnitude of the problems of child
5615	abuse, including sexual abuse, physical abuse, and emotional
5616	abuse, and child abandonment and neglect in its geographical
5617	area.
5618	b.  A description of programs currently serving abused,
5619	abandoned, and neglected children and their families and a
5620	description of programs for the prevention of child abuse,
5621	abandonment, and neglect, including information on the impact,
5622	cost-effectiveness, and sources of funding of such programs.
5623	c.  A continuum of programs and services necessary for a
5624	comprehensive approach to the prevention of all types of child
5625	abuse, abandonment, and neglect as well as a brief description
5626	of such programs and services.
5627	d.  A description, documentation, and priority ranking of
5628	local needs related to child abuse, abandonment, and neglect
5629	prevention based upon the continuum of programs and services.
5630	e.  A plan for steps to be taken in meeting identified
5631	needs, including the coordination and integration of services to
5632	avoid unnecessary duplication and cost, and for alternative
5633	funding strategies for meeting needs through the reallocation of
5634	existing resources, utilization of volunteers, contracting with
5635	local universities for services, and local government or private
5636	agency funding.
5637	f.  A description of barriers to the accomplishment of a
5638	comprehensive approach to the prevention of child abuse,
5639	abandonment, and neglect.
5640	g.  Recommendations for changes that can be accomplished
5641	only at the state program level or by legislative action.
5642	Section 91.  Paragraph (b) of subsection (14) of section
5643	287.057, Florida Statutes, is amended to read:
5644	287.057  Procurement of commodities or contractual
5645	services.--
5646	(14)
5647	(b)  Notwithstanding paragraph (a), the Department of
5648	Children and Family Services may enter into agreements, not to
5649	exceed 20 years, with a private provider to finance, design, and
5650	construct a forensic treatment facility, as defined in s.
5651	916.106(10)(8), of at least 200 beds and to operate all aspects
5652	of daily operations within the forensic treatment facility. The
5653	selected contractor is authorized to sponsor the issuance of
5654	tax-exempt certificates of participation or other securities to
5655	finance the project, and the state is authorized to enter into a
5656	lease-purchase agreement for the forensic treatment facility.
5657	This paragraph expires July 1, 2006.
5658	Section 92.  Paragraph (a) of subsection (3) of section
5659	381.0072, Florida Statutes, is amended to read:
5660	381.0072  Food service protection.--It shall be the duty of
5661	the Department of Health to adopt and enforce sanitation rules
5662	consistent with law to ensure the protection of the public from
5663	food-borne illness. These rules shall provide the standards and
5664	requirements for the storage, preparation, serving, or display
5665	of food in food service establishments as defined in this
5666	section and which are not permitted or licensed under chapter
5667	500 or chapter 509.
5668	(3)  LICENSES REQUIRED.--
5669	(a)  Licenses; annual renewals.--Each food service
5670	establishment regulated under this section shall obtain a
5671	license from the department annually. Food service establishment
5672	licenses shall expire annually and shall not be transferable
5673	from one place or individual to another. However, those
5674	facilities licensed by the department's Office of Licensure and
5675	Certification, the Child Care Services Program Office, or the
5676	Agency for Persons with Disabilities Developmental Disabilities
5677	Program Office are exempt from this subsection. It shall be a
5678	misdemeanor of the second degree, punishable as provided in s.
5679	381.0061, s. 775.082, or s. 775.083, for such an establishment
5680	to operate without this license. The department may refuse a
5681	license, or a renewal thereof, to any establishment that is not
5682	constructed or maintained in accordance with law and with the
5683	rules of the department. Annual application for renewal shall
5684	not be required.
5685	Section 93.  Paragraph (b) of subsection (5) of section
5686	400.464, Florida Statutes, is amended to read:
5687	400.464  Home health agencies to be licensed; expiration of
5688	license; exemptions; unlawful acts; penalties.--
5689	(5)  The following are exempt from the licensure
5690	requirements of this part:
5691	(b)  Home health services provided by a state agency,
5692	either directly or through a contractor with:
5693	1.  The Department of Elderly Affairs.
5694	2.  The Department of Health, a community health center, or
5695	a rural health network that furnishes home visits for the
5696	purpose of providing environmental assessments, case management,
5697	health education, personal care services, family planning, or
5698	followup treatment, or for the purpose of monitoring and
5699	tracking disease.
5700	3.  Services provided to persons who have developmental
5701	disabilities, as defined in s. 393.063.
5702	4.  Companion and sitter organizations that were registered
5703	under s. 400.509(1) on January 1, 1999, and were authorized to
5704	provide personal services under s. 393.063(21)(33) under a
5705	developmental services provider certificate on January 1, 1999,
5706	may continue to provide such services to past, present, and
5707	future clients of the organization who need such services,
5708	notwithstanding the provisions of this act.
5709	5.  The Department of Children and Family Services.
5710	Section 94.  Paragraph (a) of subsection (4) of section
5711	943.0585, Florida Statutes, is amended to read:
5712	943.0585  Court-ordered expunction of criminal history
5713	records.--The courts of this state have jurisdiction over their
5714	own procedures, including the maintenance, expunction, and
5715	correction of judicial records containing criminal history
5716	information to the extent such procedures are not inconsistent
5717	with the conditions, responsibilities, and duties established by
5718	this section. Any court of competent jurisdiction may order a
5719	criminal justice agency to expunge the criminal history record
5720	of a minor or an adult who complies with the requirements of
5721	this section. The court shall not order a criminal justice
5722	agency to expunge a criminal history record until the person
5723	seeking to expunge a criminal history record has applied for and
5724	received a certificate of eligibility for expunction pursuant to
5725	subsection (2). A criminal history record that relates to a
5726	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
5727	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
5728	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
5729	s. 916.1075, or a violation enumerated in s. 907.041 may not be
5730	expunged, without regard to whether adjudication was withheld,
5731	if the defendant was found guilty of or pled guilty or nolo
5732	contendere to the offense, or if the defendant, as a minor, was
5733	found to have committed, or pled guilty or nolo contendere to
5734	committing, the offense as a delinquent act. The court may only
5735	order expunction of a criminal history record pertaining to one
5736	arrest or one incident of alleged criminal activity, except as
5737	provided in this section. The court may, at its sole discretion,
5738	order the expunction of a criminal history record pertaining to
5739	more than one arrest if the additional arrests directly relate
5740	to the original arrest. If the court intends to order the
5741	expunction of records pertaining to such additional arrests,
5742	such intent must be specified in the order. A criminal justice
5743	agency may not expunge any record pertaining to such additional
5744	arrests if the order to expunge does not articulate the
5745	intention of the court to expunge a record pertaining to more
5746	than one arrest. This section does not prevent the court from
5747	ordering the expunction of only a portion of a criminal history
5748	record pertaining to one arrest or one incident of alleged
5749	criminal activity. Notwithstanding any law to the contrary, a
5750	criminal justice agency may comply with laws, court orders, and
5751	official requests of other jurisdictions relating to expunction,
5752	correction, or confidential handling of criminal history records
5753	or information derived therefrom. This section does not confer
5754	any right to the expunction of any criminal history record, and
5755	any request for expunction of a criminal history record may be
5756	denied at the sole discretion of the court.
5757	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
5758	criminal history record of a minor or an adult which is ordered
5759	expunged by a court of competent jurisdiction pursuant to this
5760	section must be physically destroyed or obliterated by any
5761	criminal justice agency having custody of such record; except
5762	that any criminal history record in the custody of the
5763	department must be retained in all cases. A criminal history
5764	record ordered expunged that is retained by the department is
5765	confidential and exempt from the provisions of s. 119.07(1) and
5766	s. 24(a), Art. I of the State Constitution and not available to
5767	any person or entity except upon order of a court of competent
5768	jurisdiction. A criminal justice agency may retain a notation
5769	indicating compliance with an order to expunge.
5770	(a)  The person who is the subject of a criminal history
5771	record that is expunged under this section or under other
5772	provisions of law, including former s. 893.14, former s. 901.33,
5773	and former s. 943.058, may lawfully deny or fail to acknowledge
5774	the arrests covered by the expunged record, except when the
5775	subject of the record:
5776	1.  Is a candidate for employment with a criminal justice
5777	agency;
5778	2.  Is a defendant in a criminal prosecution;
5779	3.  Concurrently or subsequently petitions for relief under
5780	this section or s. 943.059;
5781	4.  Is a candidate for admission to The Florida Bar;
5782	5.  Is seeking to be employed or licensed by or to contract
5783	with the Department of Children and Family Services or the
5784	Department of Juvenile Justice or to be employed or used by such
5785	contractor or licensee in a sensitive position having direct
5786	contact with children, persons with developmental disabilities
5787	the developmentally disabled, the aged, or the elderly as
5788	provided in s. 110.1127(3), s. 393.063, s. 394.4572(1), s.
5789	397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s.
5790	415.102(4), s. 916.106(12)(10) and (15)(13), s. 985.407, or
5791	chapter 400; or
5792	6.  Is seeking to be employed or licensed by the Department
5793	of Education, any district school board, any university
5794	laboratory school, any charter school, any private or parochial
5795	school, or any local governmental entity that licenses child
5796	care facilities.
5797	Section 95.  Paragraph (a) of subsection (4) of section
5798	943.059, Florida Statutes, is amended to read:
5799	943.059  Court-ordered sealing of criminal history
5800	records.--The courts of this state shall continue to have
5801	jurisdiction over their own procedures, including the
5802	maintenance, sealing, and correction of judicial records
5803	containing criminal history information to the extent such
5804	procedures are not inconsistent with the conditions,
5805	responsibilities, and duties established by this section. Any
5806	court of competent jurisdiction may order a criminal justice
5807	agency to seal the criminal history record of a minor or an
5808	adult who complies with the requirements of this section. The
5809	court shall not order a criminal justice agency to seal a
5810	criminal history record until the person seeking to seal a
5811	criminal history record has applied for and received a
5812	certificate of eligibility for sealing pursuant to subsection
5813	(2). A criminal history record that relates to a violation of s.
5814	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
5815	800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.
5816	847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or
5817	a violation enumerated in s. 907.041 may not be sealed, without
5818	regard to whether adjudication was withheld, if the defendant
5819	was found guilty of or pled guilty or nolo contendere to the
5820	offense, or if the defendant, as a minor, was found to have
5821	committed or pled guilty or nolo contendere to committing the
5822	offense as a delinquent act. The court may only order sealing of
5823	a criminal history record pertaining to one arrest or one
5824	incident of alleged criminal activity, except as provided in
5825	this section. The court may, at its sole discretion, order the
5826	sealing of a criminal history record pertaining to more than one
5827	arrest if the additional arrests directly relate to the original
5828	arrest. If the court intends to order the sealing of records
5829	pertaining to such additional arrests, such intent must be
5830	specified in the order. A criminal justice agency may not seal
5831	any record pertaining to such additional arrests if the order to
5832	seal does not articulate the intention of the court to seal
5833	records pertaining to more than one arrest. This section does
5834	not prevent the court from ordering the sealing of only a
5835	portion of a criminal history record pertaining to one arrest or
5836	one incident of alleged criminal activity. Notwithstanding any
5837	law to the contrary, a criminal justice agency may comply with
5838	laws, court orders, and official requests of other jurisdictions
5839	relating to sealing, correction, or confidential handling of
5840	criminal history records or information derived therefrom. This
5841	section does not confer any right to the sealing of any criminal
5842	history record, and any request for sealing a criminal history
5843	record may be denied at the sole discretion of the court.
5844	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
5845	history record of a minor or an adult which is ordered sealed by
5846	a court of competent jurisdiction pursuant to this section is
5847	confidential and exempt from the provisions of s. 119.07(1) and
5848	s. 24(a), Art. I of the State Constitution and is available only
5849	to the person who is the subject of the record, to the subject's
5850	attorney, to criminal justice agencies for their respective
5851	criminal justice purposes, or to those entities set forth in
5852	subparagraphs (a)1., 4., 5., and 6. for their respective
5853	licensing and employment purposes.
5854	(a)  The subject of a criminal history record sealed under
5855	this section or under other provisions of law, including former
5856	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
5857	deny or fail to acknowledge the arrests covered by the sealed
5858	record, except when the subject of the record:
5859	1.  Is a candidate for employment with a criminal justice
5860	agency;
5861	2.  Is a defendant in a criminal prosecution;
5862	3.  Concurrently or subsequently petitions for relief under
5863	this section or s. 943.0585;
5864	4.  Is a candidate for admission to The Florida Bar;
5865	5.  Is seeking to be employed or licensed by or to contract
5866	with the Department of Children and Family Services or the
5867	Department of Juvenile Justice or to be employed or used by such
5868	contractor or licensee in a sensitive position having direct
5869	contact with children, persons with developmental disabilities
5870	the developmentally disabled, the aged, or the elderly as
5871	provided in s. 110.1127(3), s. 393.063, s. 394.4572(1), s.
5872	397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s.
5873	415.102(4), s. 415.103, s. 916.106(12)(10) and (15)(13), s.
5874	985.407, or chapter 400; or
5875	6.  Is seeking to be employed or licensed by the Department
5876	of Education, any district school board, any university
5877	laboratory school, any charter school, any private or parochial
5878	school, or any local governmental entity that licenses child
5879	care facilities.
5880	Section 96.  Subsection (4) of section 984.22, Florida
5881	Statutes, is amended to read:
5882	984.22  Powers of disposition.--
5883	(4)  All payments of fees made to the department pursuant
5884	to this chapter, or child support payments made to the
5885	department pursuant to subsection (3), shall be deposited in the
5886	General Revenue Fund. In cases in which the child is placed in
5887	foster care with the Department of Children and Family Services,
5888	such child support payments shall be deposited in the Community
5889	Resources Development Loan Program Trust Fund.
5890	Section 97.  Section 394.4592, Florida Statutes, is created
5891	to read:
5892	394.4592  Use of restraints or seclusion in behavioral
5893	health care.--
5894	(1)  LEGISLATIVE FINDINGS.--The Legislature finds and
5895	declares that:
5896	(a)  The use of restraint or seclusion in behavioral health
5897	care poses inherent risks both physically and psychologically to
5898	individuals subject to restraint or seclusion and staff who
5899	utilize these interventions. Physical risks include serious
5900	injury or death, and psychological injuries include
5901	retraumatization for individuals with histories of abuse.
5902	(b)  Some state-operated and private facilities in the
5903	state have almost eliminated the use of restraint and seclusion,
5904	while other facilities serving similar individuals continue to
5905	experience hundreds of episodes of restraint and seclusion each
5906	year. Research has demonstrated that the key variable in
5907	achieving meaningful reduction in the use of restraint and
5908	seclusion is a firm commitment by the facility, the department,
5909	the Agency for Persons with Disabilities, and the Agency for
5910	Health Care Administration to the goal of reducing the use of
5911	restraint and seclusion. It is therefore the policy of the state
5912	to achieve an ongoing reduction in the use of restraint and
5913	seclusion on individuals in facilities operated, certified,
5914	licensed, or monitored by the department, the Agency for Persons
5915	with Disabilities, and the Agency for Health Care
5916	Administration, with the goal of reducing the use of restraint
5917	and seclusion to the status of a rare event and reduce the
5918	occurrence of behavioral emergencies that have prompted the use
5919	of restraints or seclusion.
5920	(2)  SCOPE.--This section shall apply to all facilities, as
5921	well as residential and day treatment programs, operated,
5922	certified, licensed, or monitored by the Department of Children
5923	and Family Services, the Agency for Persons with Disabilities,
5924	and the Agency for Health Care Administration that use
5925	behavioral restraints or seclusion.
5926	(3)  DATA COLLECTION; APPLICABILITY.--
5927	(a)  This subsection shall apply to all facilities
5928	operated, certified, licensed, or monitored by the Department of
5929	Children and Family Services, the Agency for Persons with
5930	Disabilities, and the Agency for Health Care Administration that
5931	utilize seclusion or behavioral restraints as defined in this
5932	section, and shall include the North Florida Evaluation and
5933	Treatment Center (NFETC).
5934	(b)  The department, the Agency for Persons with
5935	Disabilities, and the Agency for Health Care Administration
5936	shall establish a system of mandatory, consistent, timely, and
5937	publicly accessible data collection that documents the instances
5938	in which behavioral restraints or seclusion are used in
5939	facilities.
5940	(c)  The data required under this section shall be compiled
5941	in a manner that allows for standard statistical comparison. The
5942	department, the Agency for Persons with Disabilities, and the
5943	Agency for Health Care Administration shall make this
5944	information publicly accessible on each agency's Internet
5945	website beginning July 1, 2006, and the information shall be
5946	updated monthly.
5947	(d)  Data collected pursuant to this subsection shall
5948	include all of the following relating to each facility:
5949	1.  The number of deaths that occur as a result of any form
5950	of behavioral control by any facility staff, while individuals
5951	are in behavioral restraint or seclusion, within 48 hours of
5952	release from behavioral restraint or seclusion, or when it is
5953	reasonable to assume that serious injury or death was
5954	proximately related to the use of behavioral restraints or
5955	seclusion.
5956	2.  The number of serious injuries sustained by individuals
5957	as a result of takedowns or any form of behavioral control by
5958	any facility staff, while individuals are in behavioral
5959	restraints or seclusion or when it is reasonable to assume that
5960	the serious injury was proximately related to the use of
5961	behavioral restraint or seclusion.
5962	3.  The number of serious injuries sustained by staff that
5963	occur during the use of takedowns, behavioral control,
5964	behavioral restraints, or seclusion.
5965	4.  The number of incidents when behavioral restraints were
5966	used and the kinds of restraints used.
5967	5.  The number of incidents of seclusion.
5968	6.  The duration of time spent per incident in seclusion.
5969	7.  The duration of time spent per incident in behavioral
5970	restraints were used.
5971	8.  The number of times an involuntary emergency medication
5972	was used to control behavior and whether or not in each case
5973	medication was used in combination with behavioral restraints or
5974	seclusion.
5975	9.  The number of individuals who were subject to
5976	behavioral restraint or seclusion more than 10 times in a single
5977	month.
5978	10.  The number of individuals who were subject to renewal
5979	of behavioral restraint or seclusion orders each month.
5980	(e)  A facility shall report each serious injury or death
5981	of an individual occurring during or related to the use of
5982	behavioral restraints or seclusion. In addition to any other
5983	statutory and regulatory requirements, this report shall be
5984	submitted to the department, the Agency for Persons with
5985	Disabilities, the Agency for Health Care Administration, and the
5986	Advocacy Center for Persons with Disabilities, Inc., no later
5987	than the close of the business day following the injury or
5988	death. The report shall include the encrypted identifier of the
5989	individual involved and the name, street address, telephone
5990	number, and the name of a contact person at the facility.
5991	(4)  DEFINITIONS.--For purposes of this section:
5992	(a)  "Authorized physician" means any physician who has
5993	been authorized by the administrator of the facility to order
5994	medication restraint, mechanical restraint, physical restraint,
5995	or seclusion, to examine individuals in such restraint or
5996	seclusion, and to assess readiness for release and order release
5997	from restraint or seclusion.
5998	(b)  "Authorized staff person" means any physician,
5999	physician's assistant, or psychiatric nurse who has been
6000	authorized by the administrator of the facility to initiate or
6001	renew mechanical restraint, physical restraint, or seclusion
6002	pursuant and to assess readiness for release and order release
6003	from restraint or seclusion.
6004	(c)  "Behavioral restraint" means any mechanical, physical,
6005	or medication restraint or containment.
6006	(d)  "Containment" means a brief period of physical
6007	restraint of a person for the purpose of effectively gaining
6008	quick control of a person who is aggressive or agitated or who
6009	is an imminent danger to himself or herself or others.
6010	(e)  "Emergency" means the occurrence or serious threat of
6011	extreme violence, personal injury, or attempted suicide. An
6012	emergency shall include only situations in which there is a
6013	substantial risk or the occurrence of serious self-destructive
6014	behavior or serious physical assault. "Substantial risk" means
6015	the serious, imminent threat of bodily harm when there is the
6016	present ability to effect such harm. The term "emergency" does
6017	not include threats to property.
6018	(f)  "Individual" means an individual receiving services in
6019	a community facility, as defined in s. 394.455(5), or a
6020	facility, as defined in s. 394.455(10). The term "individual" is
6021	synonymous with the term "client," "customer," "consumer,"
6022	"resident," "patient," or "person served."
6023	(g)  "PRN" means "as needed" in Latin and may apply to the
6024	prescription and administration of psychotropic medication or
6025	use of behavioral restraint or seclusion.
6026	(h)  "Restraint" means the use of mechanical restraint,
6027	physical restraint, and medication used to control behavior in
6028	an emergency or any involuntary as needed medication. Restraint
6029	also means the use of bodily physical restriction, mechanical
6030	devices, or a device that unreasonably limits freedom of
6031	movement. The term "restraint" does not include the use of
6032	physical devices, such as orthopedically prescribed appliances,
6033	surgical dressings and bandages, and supportive body bands, or
6034	other physical holding when necessary for routine physical
6035	examinations and tests or for orthopedic, surgical, and other
6036	similar medical treatment purposes or when used to provide
6037	support for the achievement of functional body position, proper
6038	balance, or to protect an individual from falling out of bed.
6039	1.  Medication restraint occurs when an individual is given
6040	medication involuntarily for the purpose of immediate control of
6041	the individual's behavior.
6042	2.  Mechanical restraint occurs when a physical device is
6043	used to restrict the movement of an individual or the movement
6044	or normal function of a portion of his or her body.
6045	3.  Physical restraint occurs when a manual method is used
6046	to restrict an individual's freedom of movement or normal access
6047	to his or her body.
6048	(i)  "Seclusion" means an individual is involuntarily
6049	confined in a room or an area of a room and is prevented from
6050	leaving, or reasonably believes that he or she will be prevented
6051	from leaving, by means that include, but are not limited to:
6052	1.  Manually, mechanically, or electrically locked doors or
6053	one-way doors that, when closed and unlocked, cannot be opened
6054	from the inside.
6055	2.  Physical intervention of staff.
6056	3.  Coercive measures, such as the threat of restraint,
6057	sanctions, or the loss of privileges that the individual would
6058	otherwise have, used for the purpose of keeping the individual
6059	from leaving the room.
6060	(j)  "Staff" means any staff member, volunteer, or intern
6061	of the department, the Agency for Persons with Disabilities, or
6062	the Agency for Health Care Administration, any person under
6063	contract with the department, the Agency for Persons with
6064	Disabilities, or the Agency for Health Care Administration or
6065	working in any capacity in a facility operated, certified,
6066	licensed, or monitored by the department, the Agency for Persons
6067	with Disabilities, or the Agency for Health Care Administration
6068	and any person providing care or support to an individual on
6069	behalf of the department, the Agency for Persons with
6070	Disabilities, or the Agency for Health Care Administration or
6071	its providers, and any person assigned to provide security for a
6072	facility.
6073	(5)  INITIAL ASSESSMENT.--A facility shall conduct an
6074	initial assessment of each individual upon admission to the
6075	facility or as soon thereafter as possible. This assessment
6076	shall include input from the individual and from someone whom he
6077	or she desires to be present, such as a family member,
6078	significant other, or authorized representative designated by
6079	the individual, if the desired third party can be present at the
6080	time of admission. This assessment shall also include, based on
6081	the information available at the time of initial assessment, all
6082	of the following:
6083	(a)  An individual's preferences regarding de-escalation or
6084	the use of seclusion or behavioral restraints, including any
6085	advance directive or crisis plan that the individual may
6086	present.
6087	(b)  The use of a de-escalation preference form or personal
6088	safety plan which allows an individual to identify early warning
6089	signs, triggers, and precipitants of distress, stress, or
6090	aggression and that cause an individual to escalate, as well as
6091	techniques, methods, or tools that help the individual to
6092	control his or her own behavior, including preferences relating
6093	to the gender of staff assigned to monitor an individual in
6094	restraint, shall be mandatory in all facilities. This includes
6095	both completion of the form and active, documented use in
6096	treatment planning and de-escalation.
6097	(c)  Documentation of any preexisting medical condition or
6098	any physical disability or limitation that would place the
6099	individual at greater risk during restraint or seclusion. These
6100	conditions include, but are not limited to, obesity, cardiac
6101	conditions, pregnancy, asthma or other respiratory conditions,
6102	impaired gag reflex, back conditions, seizure disorders,
6103	deafness, blindness, and hemophilia.
6104	(d)  Any trauma history, including any history of sexual or
6105	physical abuse that the individual feels is relevant.
6106
6107	A reassessment of the individual based on the information
6108	provided under this subsection shall be completed whenever there
6109	is a significant change in an individual's physical or
6110	psychological condition in conjunction with reassessments
6111	required by federal or state law.
6112	(6)  REQUIREMENTS FOR THE USE OF RESTRAINT AND SECLUSION.--
6113	(a)  A facility described in paragraph (3)(a) may use
6114	behavioral restraint or seclusion for emergencies only, and only
6115	for the duration of the emergency.
6116	(b)  A facility described in paragraph (3)(a) may not use
6117	any of the following:
6118	1.  A physical restraint or containment technique that
6119	obstructs a person's respiratory airway or impairs the
6120	individual's breathing or respiratory capacity, including
6121	techniques in which a staff member places pressure on an
6122	individual's back or places his or her body weight against the
6123	individual's torso or back. Use of such restraint shall result
6124	in immediate disciplinary suspension and investigation of staff
6125	who utilized these methods of restraints.
6126	2.  A pillow, blanket, or other item covering the
6127	individual's face as part of a physical or mechanical restraint
6128	or containment process. Use of such restraint shall result in
6129	immediate disciplinary suspension and investigation of staff who
6130	used these methods of restraint.
6131	3.  Physical or mechanical restraint or containment on an
6132	individual who has a known medical or physical condition when
6133	there is reason to believe that the use would endanger the
6134	individual's life or significantly exacerbate the individual's
6135	medical condition.
6136	4.  Restraint in a prone position without a detailed
6137	physician's order specifically requiring the use of this
6138	position and explaining the medical justification for the order.
6139	5.  Prone containment techniques whenever possible. An
6140	individual shall not be subject to prone containment unless a
6141	designated staff member, not involved in the restraint, observes
6142	the individual throughout and in no event shall prone
6143	containment last longer than 10 seconds as clocked by the
6144	designated staff person.
6145	6.  Restraint or containment with any restraint devices
6146	that restrain an individual's hands behind his or her back.
6147	7.  No "PRN" or "as required" authorization of behavioral
6148	restraint or seclusion may be written.
6149	(c)  No individual shall simultaneously be subject to
6150	mechanical restraints and seclusion as defined in this section.
6151	(d)  Prior to the imposition of behavioral restraint or
6152	seclusion, the following conditions must be met:
6153	1.  Provision shall be made for appropriate attention to
6154	the personal needs of the individual, including access to food
6155	and drink, toileting facilities, and medical and hygiene needs,
6156	by staff escort or otherwise, and for the individual's physical
6157	and mental comfort.
6158	2.  The physical environment shall be as conducive as
6159	possible to facilitating early release, with attention to
6160	calming the individual with sensory interventions. Any space
6161	used for restraint or seclusion shall include a clock within
6162	visual observation of the individual.
6163	3.  Every effort shall be made to protect the individual's
6164	privacy. Individuals shall not be placed in four-point
6165	restraints in public view, and several individuals may not be
6166	restrained together in one room.
6167	(e)  An individual may be given medication restraint only
6168	on the order of an authorized physician who has determined,
6169	either while present at the time of the emergency to justify the
6170	use of the restraint or after telephone consultation with an
6171	authorized staff person who is present at the time at the site
6172	of the emergency and who has personally examined the individual,
6173	that such medication restraint is the least restrictive, most
6174	appropriate alternative available.
6175	1.  The order, along with a description of the specific
6176	behaviors which make medication restraint the least restrictive,
6177	most appropriate alternative available and the expected results
6178	of the medication, shall be recorded in the individual's record
6179	when the order is issued. If the physician is not present to
6180	write the order, the physician must dictate this language when
6181	the order is issued to the authorized staff person. The order
6182	shall be signed when it is issued by such authorized physician
6183	if present at the time of the emergency or within 1 hour after
6184	the order is issued.
6185	2.  An authorized physician shall conduct a face-to-face
6186	evaluation of the individual within 1 hour after the initiation
6187	of the restraint, if the restraint was authorized by telephone,
6188	and record in the individual's records the results of this
6189	evaluation and whether the expected results of the medication
6190	have been achieved.
6191	3.  Staff shall monitor the individual carefully and record
6192	the effects of the medication restraint at least once every half
6193	hour in the individual's record.
6194	(f)  The order authorizing an individual to be placed in
6195	behavioral restraint or seclusion shall be made by an authorized
6196	physician who is present when an emergency occurs. The order and
6197	the reasons for its issuance shall be recorded in writing and
6198	signed at the time of its issuance by such physician.
6199	1.  The order shall authorize use of mechanical restraint,
6200	physical restraint, or seclusion for no more than 2 hours.
6201	2.  If an authorized physician is not present when an
6202	emergency occurs to justify the use of mechanical restraint and
6203	physical restraint or seclusion occurs, an individual may be
6204	placed in mechanical restraint, physical restraint, or seclusion
6205	at the initiation of an authorized staff person, subject to the
6206	following conditions and limitations:
6207	a.  The order and the reasons for its issuance, with
6208	specific identification of the actual behaviors involved and not
6209	characterizations of the behavior, shall be recorded in writing
6210	and signed at the time of the incident by the authorized staff
6211	person.
6212	b.  The order shall authorize use of mechanical restraint,
6213	physical restraint, or seclusion for no more than 2 hours and
6214	shall terminate whenever a release decision is made. The order
6215	shall include criteria for early release that are made known to
6216	the individual and that permit staff to make objective
6217	appraisals as to when an individual may be safely released.
6218	c.  An authorized physician shall examine the individual
6219	within 1 hour of such initiation of mechanical restraint,
6220	physical restraint, or seclusion.
6221	(g)  Subsequent renewals of mechanical restraint or
6222	seclusion may be made for up to a 1-hour period only if an
6223	authorized physician has examined the individual and ordered
6224	such renewal prior to the expiration of the preceding order,
6225	subject to the following conditions and limitations.
6226	1.  A renewal order may only be issued if the individual is
6227	an adult or minor over 9 years of age and the physician
6228	determines that such restraint or seclusion is necessary to
6229	prevent the continuation or renewal of an emergency condition or
6230	conditions.
6231	2.  Each renewal order shall be recorded in writing and
6232	signed by the physician only after a face-to-face examination of
6233	the individual in restraint or seclusion by the physician.
6234	3.  Each renewed order shall authorize continued use of
6235	restraint or seclusion for no more than 1 hour from the time of
6236	expiration of the preceding order and shall terminate whenever a
6237	release decision is made.
6238	4.  No order for continuation of mechanical restraint or
6239	seclusion beyond the initial order may be issued if the
6240	individual is a minor under 9 years of age and only one such
6241	order for continuation may be issued if the individual is a
6242	minor 9 through 17 years of age.
6243	(h)  The limitations on the duration of restraint or
6244	seclusion are as follows:
6245	1.  A minor under 9 years of age may not be placed in
6246	behavioral restraints. A minor under 9 years of age may not be
6247	placed in seclusion for more than 1 hour in any 24-hour period.
6248	2.  No minor 9 through 17 years of age may be in behavioral
6249	restraint or seclusion for more than 2 hours in any 24-hour
6250	period.
6251	3.  If an episode of mechanical restraint or seclusion has
6252	exceeded 3 hours and it is expected that a new order will be
6253	issued to extend the episode beyond 3 hours, prior to the third
6254	order extending the use of restraint or seclusion, the facility
6255	director and facility medical director shall be notified. The
6256	facility medical director shall inquire about the circumstances
6257	of the episode of restraint or seclusion, the efforts made to
6258	facilitate release, and the impediments to such release and help
6259	to identify additional measures or resources that might be
6260	beneficial in facilitating release.
6261	(i)  If an episode of mechanical restraint or seclusion has
6262	exceeded 6 hours and it is expected that a sixth order will be
6263	issued to extend the episode beyond 6 hours or if episodes of
6264	restraint or seclusion for an individual have exceeded 10 hours
6265	in the aggregate in any 48-hour period, the following shall
6266	occur:
6267	1.  The individual shall receive a physical examination by
6268	an authorized physician.
6269	2.  The facility director and facility medical director
6270	shall be notified.
6271	3.  The episode shall be reported to the Secretary of
6272	Children and Family Services, the director of the Agency for
6273	Persons with Disabilities, and the Secretary of Health Care
6274	Administration or a designee by the next business day.
6275	(j)  If an individual is released from restraint or
6276	seclusion prior to the expiration of an order and an emergency
6277	occurs prior to such order's expiration, but no later than 15
6278	minutes after release, the individual may be returned by an
6279	authorized staff person to restraint or seclusion without a new
6280	order until the time listed in the original order expires. Such
6281	return to restraint or seclusion shall be documented in the
6282	individual's record.
6283	(k)  The individuals in mechanical restraint, physical
6284	restraint, or seclusion shall be monitored and assessed in the
6285	following manner:
6286	1.  There shall be an authorized staff person with
6287	oversight responsibility during each episode of mechanical or
6288	physical restraint or seclusion.
6289	2.  Whenever a individual is in physical or mechanical
6290	restraint or seclusion, a staff person shall be specifically
6291	assigned to monitor the individual one-on-one. The facility
6292	shall make every effort to ensure that the gender of the staff
6293	person matches the preference stated by the individual in the
6294	de-escalation preference form or personal safety plan identified
6295	in paragraph (5)(b). If this is not possible at the moment the
6296	individual is restrained or secluded, staff shall specifically
6297	document why it was not possible and continue to make active
6298	efforts to meet the individual's preference until the individual
6299	is released or a staff person of the appropriate gender can be
6300	found.
6301	3.  The staff person conducting such monitoring may be
6302	immediately outside a space in which an individual is being
6303	secluded without mechanical restraint provided that the
6304	following conditions are met:
6305	a.  The staff person must be in full view of the
6306	individual.
6307	b.  The staff person must be able at all times to observe
6308	the individual and to have immediate physical access to the
6309	individual in order to be able to respond to any emergency
6310	situation.
6311	4.  The staff person shall monitor an individual in
6312	mechanical or physical restraint by being situated so that the
6313	staff person is able to hear and be heard by the individual and
6314	visually observe the individual at all times. It is not
6315	necessary for a staff person monitoring an individual in
6316	mechanical or physical restraint to be in full view of the
6317	individual, although if such visibility has been expressed as a
6318	preference by the individual, consideration shall be given to
6319	honoring that preference.
6320	5.  Staff who monitor an individual in physical or
6321	mechanical restraint or seclusion shall continually assist and
6322	support the individual, including monitoring physical and
6323	psychological status and comfort, body alignment, and
6324	circulation, taking vital signs when indicated, and monitoring
6325	for readiness for release. Such monitoring activities shall be
6326	documented every 15 minutes.
6327	6.  Staff who monitor an individual in restraint or
6328	seclusion shall continue appropriate interventions designed to
6329	calm the individual throughout the episode of restraint or
6330	seclusion and shall maintain a log of the individual's specific
6331	behavior with respect to the early release criteria established
6332	in the physician's order.
6333	(l)  The procedure for monitoring an individual in
6334	mechanical or physical restraint or seclusion for readiness for
6335	release shall include the following factors:
6336	1.  Staff conducting monitoring shall continually consider
6337	whether an individual in mechanical restraint, physical
6338	restraint, or seclusion appears ready to be released. If the
6339	staff person believes that the individual is ready to be
6340	released from such restraint or seclusion, he or she shall
6341	immediately notify an authorized physician or authorized staff
6342	person, who shall promptly assess the individual for readiness
6343	to be released. If the individual believes that he or she has
6344	met the release criteria, the individual can request an
6345	assessment by an authorized staff person.
6346	2.  If an individual falls asleep while in mechanical
6347	restraint, staff conducting monitoring shall notify an
6348	authorized physician or authorized staff person, who shall
6349	release the individual from the restraint or seclusion.
6350	3.  If, at any time during mechanical restraint, physical
6351	restraint, or seclusion, a person is briefly released from such
6352	restraint or seclusion to attend to personal needs, hygiene,
6353	eating, or other purpose, staff conducting monitoring shall
6354	consider the individual's readiness to be permanently released,
6355	rather than returned to the restraint or seclusion and notify an
6356	authorized staff person if the individual appears ready to be
6357	released.
6358	(m)  An authorized staff person or authorized physician
6359	shall assess an individual in mechanical or physical restraint
6360	or seclusion for physical and psychological comfort, including
6361	vital signs, and readiness to be released at least every 15
6362	minutes and at any other time that it appears that the
6363	individual is ready to be released. Such assessments shall be
6364	documented in the record and include specific descriptions of
6365	the individual's behavior and the reasons for not releasing the
6366	individual from restraint.
6367	(n)  An individual shall be released from mechanical
6368	restraint, physical restraint, or seclusion as soon as an
6369	authorized physician or authorized staff person determines after
6370	examination of the individual or consultation with staff that
6371	such mechanical restraint, physical restraint, or seclusion is
6372	no longer needed to prevent the continuation or renewal of an
6373	emergency and, in no event, no later than the achievement of the
6374	early release criteria or the expiration of an initial or
6375	renewed order for such mechanical restraint or seclusion, unless
6376	such order is renewed.
6377	(7)  DEBRIEFING PROCEDURES.--A facility shall develop
6378	procedures to ensure that debriefing activities occur after each
6379	episode of restraint or seclusion in order to determine what led
6380	to the incident, what might have prevented or curtailed it, and
6381	how to prevent future incidents.
6382	(a)  As soon as possible, but no later than 24 hours
6383	following each episode of restraint or seclusion, supervisory
6384	staff and staff involved in the episode shall convene a
6385	debriefing. The debriefing shall, at a minimum, include the
6386	following:
6387	1.  Identification of what led to the incident.
6388	2.  Assessment of alternative interventions that may have
6389	avoided the use of restraint or seclusion.
6390	3.  Determination of whether the individual's physical and
6391	psychological needs and right to privacy were appropriately
6392	addressed.
6393	4.  Consideration of counseling or treatment for the
6394	individual involved and staff for any emotional or physical
6395	trauma that may have resulted from the incident.
6396	5.  Consideration of whether the legally authorized
6397	representative, if any, family members, or others should be
6398	notified of or involved in debriefing activities.
6399	6.  Consideration of whether other individuals and staff
6400	who may have witnessed or otherwise been affected by the
6401	incident should be involved in debriefing activities or offered
6402	counseling.
6403	7.  Identification of any environmental precipitants of the
6404	restraint or seclusion episode.
6405	8.  Identification of needed refinements in the
6406	individual's plan of care or the need for additional assessments
6407	to better understand the factors underlying the behavioral
6408	problem related to the incident.
6409	9.  Consideration of whether additional supervision or
6410	training should be provided to staff involved in the incident.
6411	10.  Consideration of whether the incident should be
6412	referred to senior administrative or clinical staff for review.
6413	(b)  Within 24 hours after a individual's release from
6414	restraint or seclusion, the individual shall be asked to debrief
6415	and provide comment on the episode, including the circumstances
6416	leading to the episode, staff or individual actions that may
6417	have helped to prevent it, the type of restraint or seclusion
6418	used, and any physical or psychological effects he or she may be
6419	experiencing from the restraint or seclusion. Whenever possible
6420	and appropriate, the staff person providing the individual with
6421	the opportunity to comment shall not have been involved in the
6422	episode of restraint or seclusion. As part of the debriefing,
6423	the individual shall be offered the opportunity to provide
6424	comment in writing and to participate in care planning meetings
6425	aimed at reducing the likelihood of future incidents.
6426	(c)  As indicated, a senior administrative review shall be
6427	conducted by the next business day following the identification
6428	of the episode and shall include, but not be limited to,
6429	assessment of the need for expert consultation, training,
6430	performance improvement activities, or change in policy. The
6431	facility director shall ensure that senior administrative and
6432	clinical staff and other appropriate staff conduct a review if
6433	any of the following apply:
6434	1.  An individual or staff member experienced significant
6435	emotional or physical injury as a result of the episode. This
6436	may include witnesses to the incident as well.
6437	2.  The episode of restraint or seclusion exceeded 4 hours
6438	or episodes of restraint or seclusion for an individual exceeded
6439	8 hours in the aggregate in any 48-hour period.
6440	3.  An exception to the restrictions on mechanical
6441	restraint of minors has occurred.
6442	4.  The episode appears to be part of a pattern warranting
6443	review.
6444	5.  The episode is marked by unusual circumstances.
6445	6.  The individual or staff involved in the episode
6446	requested such a review.
6447	(d)  All debriefing activities shall be documented and
6448	included in the individual's record and shall be used in
6449	treatment planning, revision of the individual crisis prevention
6450	plan, and ongoing restraint and seclusion prevention efforts.
6451	(8)  FACILITY LICENSING AND CERTIFICATION REQUIREMENTS.--In
6452	addition to complying with all applicable standards in this
6453	section, a facility applying to be licensed by the department or
6454	the Agency for Health Care Administration shall include the
6455	following in its application for a license or renewal of a
6456	license:
6457	(a)  The facility's plan to reduce and, wherever possible,
6458	eliminate restraint and seclusion.
6459	(b)  A comprehensive statement of the facility's policies
6460	and procedures for the utilization and monitoring of restraint
6461	and seclusion, including a listing of all types of mechanical
6462	restraints used by the facility, a statistical analysis of the
6463	facility's actual use of such restraint and seclusion, and a
6464	certification by the facility of its ability and intent to
6465	comply with all applicable laws and rules regarding physical
6466	space, staff training, staff authorization, recordkeeping,
6467	monitoring, and other requirements for the use of restraint and
6468	seclusion.
6469	Section 98.  This act shall take effect upon becoming a
6470	law.

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