HB 7075

1	A bill to be entitled
2	An act relating to developmental disabilities; amending s.
3	393.063, F.S.; revising definitions applicable to ch. 393,
4	F.S., relating to persons with developmental disabilities;
5	amending ss. 287.155, 393.064, 393.0651, 393.066, 393.135,
6	393.22, 393.23, 402.181, 402.22, 408.036, and 435.03,
7	F.S.; conforming terminology to changes made by the act;
8	amending s. 393.0657, F.S.; revising an exemption from
9	certain requirements for refingerprinting and rescreening;
10	amending s. 393.0673, F.S.; providing circumstances under
11	which the Agency for Persons with Disabilities may deny,
12	revoke, or suspend a license or impose a fine; amending s.
13	393.506, F.S.; authorizing direct service providers to
14	administer a certain medication to clients with
15	developmental disabilities; amending s. 400.063, F.S.;
16	conforming a cross-reference; amending s. 916.301, F.S.;
17	clarifying provisions relating to court appointment of
18	certain qualified experts to evaluate a defendant's mental
19	condition; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsection (1) of section 287.155, Florida
24	Statutes, is amended to read:
25	287.155  Motor vehicles; purchase by Department of Children
26	and Family Services, Agency for Persons with Disabilities,
27	Department of Health, Department of Juvenile Justice, and
28	Department of Corrections.--
29	(1)  The Department of Children and Family Services, the
30	Agency for Persons with Disabilities, the Department of Health,
31	the Department of Juvenile Justice, and the Department of
32	Corrections may, subject to the approval of the Department of
33	Management Services, purchase automobiles, trucks, tractors, and
34	other automotive equipment for the use of institutions or
35	developmental disabilities centers under the management of the
36	Department of Children and Family Services, the Agency for
37	Persons with Disabilities, the Department of Health, and the
38	Department of Corrections, and for the use of residential
39	facilities managed or contracted by the Department of Juvenile
40	Justice.
41	Section 2.  Subsections (10) and (31) of section 393.063,
42	Florida Statutes, are amended to read:
43	393.063  Definitions.--For the purposes of this chapter,
44	the term:
45	(10)  "Developmental disabilities center institution" means
46	a state-owned and state-operated facility, formerly known as a
47	"Sunland Center," providing for the care, habilitation, and
48	rehabilitation of clients with developmental disabilities.
49	(31)  "Retardation" means significantly subaverage general
50	intellectual functioning existing concurrently with deficits in
51	adaptive behavior that manifests before the age of 18 and can
52	reasonably be expected to continue indefinitely. "Significantly
53	subaverage general intellectual functioning," for the purpose of
54	this definition, means performance which is two or more standard
55	deviations from the mean score on a standardized intelligence
56	test specified in the rules of the agency. "Adaptive behavior,"
57	for the purpose of this definition, means the effectiveness or
58	degree with which an individual meets the standards of personal
59	independence and social responsibility expected of his or her
60	age, cultural group, and community.
61	Section 3.  Subsection (4) of section 393.064, Florida
62	Statutes, is amended to read:
63	393.064  Prevention.--
64	(4)  There is created at the developmental disabilities
65	center institution in Gainesville a research and education unit.
66	Such unit shall be named the Raymond C. Philips Research and
67	Education Unit. The functions of such unit shall include:
68	(a)  Research into the etiology of developmental
69	disabilities.
70	(b)  Ensuring that new knowledge is rapidly disseminated
71	throughout the agency.
72	(c)  Diagnosis of unusual conditions and syndromes
73	associated with developmental disabilities in clients identified
74	throughout developmental disabilities programs.
75	(d)  Evaluation of families of clients with developmental
76	disabilities of genetic origin in order to provide them with
77	genetic counseling aimed at preventing the recurrence of the
78	disorder in other family members.
79	(e)  Ensuring that health professionals in the
80	developmental disabilities center institution at Gainesville
81	have access to information systems that will allow them to
82	remain updated on newer knowledge and maintain their
83	postgraduate education standards.
84	(f)  Enhancing staff training for professionals throughout
85	the agency in the areas of genetics and developmental
86	disabilities.
87	Section 4.  Paragraph (f) of subsection (5) of section
88	393.0651, Florida Statutes, is amended to read:
89	393.0651  Family or individual support plan.--The agency
90	shall provide directly or contract for the development of a
91	family support plan for children ages 3 to 18 years of age and
92	an individual support plan for each client. The client, if
93	competent, the client's parent or guardian, or, when
94	appropriate, the client advocate, shall be consulted in the
95	development of the plan and shall receive a copy of the plan.
96	Each plan must include the most appropriate, least restrictive,
97	and most cost-beneficial environment for accomplishment of the
98	objectives for client progress and a specification of all
99	services authorized. The plan must include provisions for the
100	most appropriate level of care for the client. Within the
101	specification of needs and services for each client, when
102	residential care is necessary, the agency shall move toward
103	placement of clients in residential facilities based within the
104	client's community. The ultimate goal of each plan, whenever
105	possible, shall be to enable the client to live a dignified life
106	in the least restrictive setting, be that in the home or in the
107	community. For children under 6 years of age, the family support
108	plan shall be developed within the 45-day application period as
109	specified in s. 393.065(1); for all applicants 6 years of age or
110	older, the family or individual support plan shall be developed
111	within the 60-day period as specified in that subsection.
112	(5)  The agency shall place a client in the most
113	appropriate and least restrictive, and cost-beneficial,
114	residential facility according to his or her individual support
115	plan. The client, if competent, the client's parent or guardian,
116	or, when appropriate, the client advocate, and the administrator
117	of the facility to which placement is proposed shall be
118	consulted in determining the appropriate placement for the
119	client. Considerations for placement shall be made in the
120	following order:
121	(f)  Developmental disabilities center institution.
122	Section 5.  Section 393.0657, Florida Statutes, is amended
123	to read:
124	393.0657  Persons not required to be refingerprinted or
125	rescreened.--Persons who have undergone any portion of the
126	background screening required under s. 393.0655 within the last
127	12 months are not required to repeat such screening in order to
128	comply with the screening requirements if such persons have not
129	been unemployed for more than 90 consecutive days since that
130	screening occurred. Such persons are responsible for providing
131	documentation of the screening and shall undergo screening for
132	any remaining background screening requirements that have never
133	been conducted or have not been completed within the last 12
134	months.
135	Section 6.  Subsection (5) of section 393.066, Florida
136	Statutes, is amended to read:
137	393.066  Community services and treatment.--
138	(5)  In order to improve the potential for utilization of
139	more cost-effective, community-based residential facilities, the
140	agency shall promote the statewide development of day
141	habilitation services for clients who live with a direct service
142	provider in a community-based residential facility and who do
143	not require 24-hour-a-day care in a hospital or other health
144	care institution, but who may, in the absence of day
145	habilitation services, require admission to a developmental
146	disabilities center institution. Each day service facility shall
147	provide a protective physical environment for clients, ensure
148	that direct service providers meet minimum screening standards
149	as required in s. 393.0655, make available to all day
150	habilitation service participants at least one meal on each day
151	of operation, provide facilities to enable participants to
152	obtain needed rest while attending the program, as appropriate,
153	and provide social and educational activities designed to
154	stimulate interest and provide socialization skills.
155	Section 7.  Section 393.0673, Florida Statutes, is amended
156	to read:
157	393.0673  Denial, suspension, or revocation of license;
158	moratorium on admissions; administrative fines; procedures.--
159	(1)  The agency may deny, revoke, or suspend a license or
160	impose an administrative fine, not to exceed $1,000 per
161	violation per day, if:
162	(a)  The applicant or licensee has:
163	1.(a)  Has Falsely represented or omitted a material fact
164	in its license application submitted under s. 393.067;.
165	2.(b)  Has Had prior action taken against it under the
166	Medicaid or Medicare program; or.
167	3.(c)  Has Failed to comply with the applicable
168	requirements of this chapter or rules applicable to the
169	applicant or licensee; or.
170	(b)  The Department of Children and Family Services has
171	verified that the licensee is responsible for the abuse,
172	neglect, or abandonment of a child or the abuse, neglect, or
173	exploitation of a vulnerable adult.
174	(2)  The agency may deny an application for licensure
175	submitted under s. 393.067 if:
176	(a)  The applicant has:
177	1.  Falsely represented or omitted a material fact in its
178	license application submitted under s. 393.067;
179	2.  Had prior action taken against it under the Medicaid or
180	Medicare program;
181	3.  Failed to comply with the applicable requirements of
182	this chapter or rules applicable to the applicant; or
183	4.  Previously had a license to operate a residential
184	facility revoked by the agency, the Department of Children and
185	Family Services, or the Agency for Health Care Administration;
186	or
187	(b)  The Department of Children and Family Services has
188	verified that the applicant is responsible for the abuse,
189	neglect, or abandonment of a child or the abuse, neglect, or
190	exploitation of a vulnerable adult.
191	(3)(2)  All hearings shall be held within the county in
192	which the licensee or applicant operates or applies for a
193	license to operate a facility as defined herein.
194	(4)(3)  The agency, as a part of any final order issued by
195	it under this chapter, may impose such fine as it deems proper,
196	except that such fine may not exceed $1,000 for each violation.
197	Each day a violation of this chapter occurs constitutes a
198	separate violation and is subject to a separate fine, but in no
199	event may the aggregate amount of any fine exceed $10,000. Fines
200	paid by any facility licensee under the provisions of this
201	subsection shall be deposited in the Resident Protection Trust
202	Fund and expended as provided in s. 400.063.
203	(5)(4)  The agency may issue an order immediately
204	suspending or revoking a license when it determines that any
205	condition in the facility presents a danger to the health,
206	safety, or welfare of the residents in the facility.
207	(6)(5)  The agency may impose an immediate moratorium on
208	admissions to any facility when the agency department determines
209	that any condition in the facility presents a threat to the
210	health, safety, or welfare of the residents in the facility.
211	(7)(6)  The agency shall establish by rule criteria for
212	evaluating the severity of violations and for determining the
213	amount of fines imposed.
214	Section 8.  Paragraph (a) of subsection (2) of section
215	393.135, Florida Statutes, is amended to read:
216	393.135  Sexual misconduct prohibited; reporting required;
217	penalties.--
218	(2)  A covered person who engages in sexual misconduct with
219	an individual with a developmental disability who:
220	(a)  Resides in a residential facility, including any
221	comprehensive transitional education program, developmental
222	disabilities center institution, foster care facility, group
223	home facility, intermediate care facility for the
224	developmentally disabled, or residential habilitation center; or
225
226	commits a felony of the second degree, punishable as provided in
227	s. 775.082, s. 775.083, or s. 775.084. A covered person may be
228	found guilty of violating this subsection without having
229	committed the crime of sexual battery.
230	Section 9.  Section 393.22, Florida Statutes, is amended to
231	read:
232	393.22  Financial commitment to community services
233	programs.--In order to ensure that whenever a number of persons
234	move from a center an institution serving persons with
235	developmental disabilities which is sufficient to allow an
236	entire residential unit within that center institution to be
237	closed, no less than 80 percent of the direct costs of providing
238	services to persons who had resided in that unit shall be
239	reallocated for community services.
240	Section 10.  Section 393.23, Florida Statutes, is amended
241	to read:
242	393.23  Developmental disabilities centers institutions;
243	trust accounts.--All receipts from the operation of canteens,
244	vending machines, hobby shops, sheltered workshops, activity
245	centers, farming projects, and other like activities operated in
246	a developmental disabilities center institution, and moneys
247	donated to the center institution, must be deposited in a trust
248	account in any bank, credit union, or savings and loan
249	association authorized by the State Treasury as a qualified
250	depository to do business in this state, if the moneys are
251	available on demand.
252	(1)  Moneys in the trust account must be expended for the
253	benefit, education, and welfare of clients. However, if
254	specified, moneys that are donated to the center institution
255	must be expended in accordance with the intentions of the donor.
256	Trust account money may not be used for the benefit of employees
257	of the agency or to pay the wages of such employees. The welfare
258	of the clients includes the expenditure of funds for the
259	purchase of items for resale at canteens or vending machines,
260	and for the establishment of, maintenance of, and operation of
261	canteens, hobby shops, recreational or entertainment facilities,
262	sheltered workshops, activity centers, farming projects, or
263	other like facilities or programs established at the center
264	institutions for the benefit of clients.
265	(2)  The center institution may invest, in the manner
266	authorized by law for fiduciaries, any money in a trust account
267	which is not necessary for immediate use. The interest earned
268	and other increments derived from the investments of the money
269	must be deposited into the trust account for the benefit of
270	clients.
271	(3)  The accounting system of the center an institution
272	must account separately for revenues and expenses for each
273	activity. The center institution shall reconcile the trust
274	account to the center's institution's accounting system and
275	check registers and to the accounting system of the Chief
276	Financial Officer.
277	(4)  All sales taxes collected by the center institution as
278	a result of sales shall be deposited into the trust account and
279	remitted to the Department of Revenue.
280	(5)  Funds shall be expended in accordance with
281	requirements and guidelines established by the Chief Financial
282	Officer.
283	Section 11.  Subsection (1) of section 393.506, Florida
284	Statutes, is amended to read:
285	393.506  Administration of medication.--
286	(1)  A direct service provider who is not currently
287	licensed to administer medication may supervise the self-
288	administration of medication or may administer oral,
289	transdermal, ophthalmic, otic, rectal, inhaled, enteral, or
290	topical prescription medications to a client as provided in this
291	section.
292	Section 12.  Subsection (1) of section 400.063, Florida
293	Statutes, is amended to read:
294	400.063  Resident Protection Trust Fund.--
295	(1)  A Resident Protection Trust Fund shall be established
296	for the purpose of collecting and disbursing funds generated
297	from the license fees and administrative fines as provided for
298	in ss. 393.0673(4)(2), 400.062(3), 400.121(2), and 400.23(8).
299	Such funds shall be for the sole purpose of paying for the
300	appropriate alternate placement, care, and treatment of
301	residents who are removed from a facility licensed under this
302	part or a facility specified in s. 393.0678(1) in which the
303	agency determines that existing conditions or practices
304	constitute an immediate danger to the health, safety, or
305	security of the residents. If the agency determines that it is
306	in the best interest of the health, safety, or security of the
307	residents to provide for an orderly removal of the residents
308	from the facility, the agency may utilize such funds to maintain
309	and care for the residents in the facility pending removal and
310	alternative placement. The maintenance and care of the residents
311	shall be under the direction and control of a receiver appointed
312	pursuant to s. 393.0678(1) or s. 400.126(1). However, funds may
313	be expended in an emergency upon a filing of a petition for a
314	receiver, upon the declaration of a state of local emergency
315	pursuant to s. 252.38(3)(a)5., or upon a duly authorized local
316	order of evacuation of a facility by emergency personnel to
317	protect the health and safety of the residents.
318	Section 13.  Subsection (1) of section 402.181, Florida
319	Statutes, is amended to read:
320	402.181  State Institutions Claims Program.--
321	(1)  There is created a State Institutions Claims Program,
322	for the purpose of making restitution for property damages and
323	direct medical expenses for injuries caused by shelter children
324	or foster children, or escapees, inmates, or patients of state
325	institutions or developmental disabilities centers under the
326	Department of Children and Family Services, the Department of
327	Health, the Department of Juvenile Justice, the Department of
328	Corrections, or the Agency for Persons with Disabilities.
329	Section 14.  Subsection (4) of section 402.22, Florida
330	Statutes, is amended to read:
331	402.22  Education program for students who reside in
332	residential care facilities operated by the Department of
333	Children and Family Services or the Agency for Persons with
334	Disabilities.--
335	(4)  Students age 18 and under who are under the
336	residential care of the Department of Children and Family
337	Services or the Agency for Persons with Disabilities and who
338	receive an education program shall be calculated as full-time
339	equivalent student membership in the appropriate cost factor as
340	provided for in s. 1011.62(1)(c). Residential care facilities
341	shall include, but not be limited to, developmental disabilities
342	centers institutions and state mental health facilities. All
343	students shall receive their education program from the district
344	school system, and funding shall be allocated through the
345	Florida Education Finance Program for the district school
346	system.
347	Section 15.  Paragraph (t) of subsection (3) of section
348	408.036, Florida Statutes, is amended to read:
349	408.036  Projects subject to review; exemptions.--
350	(3)  EXEMPTIONS.--Upon request, the following projects are
351	subject to exemption from the provisions of subsection (1):
352	(t)  For beds in state developmental disabilities centers
353	institutions as defined in s. 393.063.
354	Section 16.  Paragraph (a) of subsection (3) of section
355	435.03, Florida Statutes, is amended to read:
356	435.03  Level 1 screening standards.--
357	(3)  Standards must also ensure that the person:
358	(a)  For employees and employers licensed or registered
359	pursuant to chapter 400 or chapter 429, and for employees and
360	employers of developmental disabilities centers institutions as
361	defined in s. 393.063, intermediate care facilities for the
362	developmentally disabled as defined in s. 400.960, and mental
363	health treatment facilities as defined in s. 394.455, meets the
364	requirements of this chapter.
365	Section 17.  Subsection (2) of section 916.301, Florida
366	Statutes, is amended to read:
367	916.301  Appointment of experts.--
368	(2)  If a defendant's suspected mental condition is
369	retardation or autism, the court shall appoint the following:
370	(a)  At least one, or at the request of any party, two
371	experts to evaluate whether the defendant meets the definition
372	of retardation or autism and, if so, whether the defendant is
373	competent to proceed; and.
374	(b)  A psychologist selected by the agency who is licensed
375	or authorized by law to practice in this state, with experience
376	in evaluating persons suspected of having retardation or autism,
377	and a social service professional, with experience in working
378	with persons with retardation or autism.
379	1.  The psychologist shall evaluate whether the defendant
380	meets the definition of retardation or autism and, if so,
381	whether the defendant is incompetent to proceed due to
382	retardation or autism.
383	2.  The social service professional shall provide a social
384	and developmental history of the defendant.
385	Section 18.  This act shall take effect July 1, 2008.

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