Florida Senate - 2019                                    SB 1524
       By Senator Wright
       14-01557A-19                                          20191524__
    1                        A bill to be entitled                      
    2         An act relating to the Agency for Persons with
    3         Disabilities; amending s. 393.063, F.S.; deleting the
    4         definition of the term “comprehensive transitional
    5         education program”; amending s. 393.065, F.S.;
    6         extending the timeframe for the Agency for Persons
    7         with Disabilities to review an application for
    8         services when additional information is requested;
    9         amending s. 393.0651, F.S.; revising the timeframes
   10         for the agency or its contractor to develop family
   11         support plans and individual support plans; amending
   12         s. 393.0655, F.S.; conforming a provision to changes
   13         made by the act; amending s. 393.0661, F.S.; deleting
   14         requirements related to a comprehensive redesign of
   15         the home and community-based services delivery system;
   16         deleting provisions requiring the Agency for Health
   17         Care Administration, in consultation with the Agency
   18         for Persons with Disabilities to seek federal approval
   19         and implement a four-tiered waiver system to serve
   20         eligible clients through the developmental
   21         disabilities and family and supported living waivers;
   22         requiring the Agency for Persons with Disabilities to
   23         seek federal waivers and amend contracts as necessary
   24         to make specified changes to services; revising
   25         requirements related to supported living services,
   26         limited support coordination services, personal
   27         support services, residential habilitation services,
   28         and in-home support services; deleting provisions
   29         related to the home and community-based services
   30         waiver or the family and supported living waiver;
   31         deleting a provision authorizing the agency to collect
   32         premiums or cost-sharing; conforming provisions to
   33         changes made by the act; amending ss. 393.067,
   34         393.0678, and 393.135, F.S.; conforming provisions to
   35         changes made by the act; making technical changes;
   36         repealing s. 393.18, F.S., relating to the
   37         comprehensive transitional education program; amending
   38         ss. 383.141, 394.875, and 1002.385, F.S.; conforming
   39         cross-references; providing an effective date.
   41  Be It Enacted by the Legislature of the State of Florida:
   43         Section 1. Subsection (10) of section 393.063, Florida
   44  Statutes, is amended to read:
   45         393.063 Definitions.—For the purposes of this chapter, the
   46  term:
   47         (10) “Comprehensive transitional education program” means
   48  the program established in s. 393.18.
   49         Section 2. Subsection (1) of section 393.065, Florida
   50  Statutes, is amended to read:
   51         393.065 Application and eligibility determination.—
   52         (1) Application for services must shall be made in writing
   53  to the agency, in the service area in which the applicant
   54  resides. For children under 6 years of age, the agency shall
   55  review each applicant for eligibility within 45 days after the
   56  date the application is signed. For all other applicants, the
   57  agency shall conduct such reviews for children under 6 years of
   58  age and within 60 days after the date the application is signed.
   59  If the agency requests additional information, the review must
   60  be conducted within 90 days after receipt of the signed
   61  application for all other applicants. When necessary to
   62  definitively identify individual conditions or needs, the agency
   63  shall provide a comprehensive assessment. Only applicants whose
   64  domicile is in Florida are eligible for services. Information
   65  accumulated by other agencies, including professional reports
   66  and collateral data, must shall be considered in this process
   67  when available.
   68         Section 3. Section 393.0651, Florida Statutes, is amended
   69  to read:
   70         393.0651 Family or individual support plan.—The agency
   71  shall provide directly or contract for the development of a
   72  family support plan for children ages 3 to 18 years of age and
   73  an individual support plan for each client. The client, if
   74  competent, the client’s parent or guardian, or, when
   75  appropriate, the client advocate, must shall be consulted in the
   76  development of the plan and must shall receive a copy of the
   77  plan. Each plan must include the most appropriate, least
   78  restrictive, and most cost-beneficial environment for
   79  accomplishment of the objectives for client progress and must
   80  specify a specification of all services authorized services. The
   81  plan must include provisions for the most appropriate level of
   82  care for the client. Within the specified specification of needs
   83  and services for each client, when residential care is
   84  necessary, the agency shall move toward placement of clients who
   85  need residential care in residential facilities in based within
   86  the client’s community. The ultimate goal of each plan, whenever
   87  possible, must shall be to enable the client to live a dignified
   88  life in the least restrictive setting, be that in the home or in
   89  the community. For children under 6 years of age, The family
   90  support plan shall be developed within the 45-day application
   91  period as specified in s. 393.065(1); for all applicants 6 years
   92  of age or older, the family or the individual support plan must
   93  shall be developed within 60 days after the client is determined
   94  eligible for agency services the 60-day period as specified in
   95  that subsection.
   96         (1) The agency shall develop and specify by rule the core
   97  components of support plans.
   98         (2) The family or individual support plan must shall be
   99  integrated with the individual education plan (IEP) for all
  100  clients who are public school students entitled to a free
  101  appropriate public education under the Individuals with
  102  Disabilities Education Act, I.D.E.A., as amended. The family or
  103  individual support plan and IEP must shall be implemented to
  104  maximize the attainment of educational and habilitation goals.
  105         (a) If the IEP for a student enrolled in a public school
  106  program indicates that placement in a public or private
  107  residential program is necessary to provide special education
  108  and related services to a client, the local education agency
  109  shall provide for the costs of that service in accordance with
  110  the requirements of the Individuals with Disabilities Education
  111  Act, I.D.E.A., as amended; however,. this does shall not
  112  preclude local education agencies and the agency from sharing
  113  the residential service costs of students who are clients who
  114  and require residential placement.
  115         (b) For clients who are entering or exiting the school
  116  system, an interdepartmental staffing team composed of
  117  representatives of the agency and the local school system shall
  118  develop a written transitional living and training plan with the
  119  participation of the client or with the parent or guardian of
  120  the client, or the client advocate, as appropriate.
  121         (3) Each family or individual support plan must shall be
  122  facilitated through case management designed solely to advance
  123  the individual needs of the client.
  124         (4) In the development of the family or individual support
  125  plan, a client advocate may be appointed by the support planning
  126  team for a client who is a minor or for a client who is not
  127  capable of express and informed consent when:
  128         (a) The parent or guardian cannot be identified;
  129         (b) The whereabouts of the parent or guardian cannot be
  130  discovered; or
  131         (c) The state is the only legal representative of the
  132  client.
  134  Such appointment may shall not be construed to extend the powers
  135  of the client advocate to include any of those powers delegated
  136  by law to a legal guardian.
  137         (5) The agency shall place a client in the most
  138  appropriate, and least restrictive, and most cost-beneficial,
  139  residential facility according to his or her individual support
  140  plan. The client, if competent, the client’s parent or guardian,
  141  or, when appropriate, the client advocate, and the administrator
  142  of the facility to which placement is proposed must shall be
  143  consulted in determining the appropriate placement for the
  144  client. Considerations for placement must shall be made in the
  145  following order:
  146         (a) Client’s own home or the home of a family member or
  147  direct service provider.
  148         (b) Foster care facility.
  149         (c) Group home facility.
  150         (d) Intermediate care facility for the developmentally
  151  disabled.
  152         (e) Other facilities licensed by the agency which offer
  153  special programs for people with developmental disabilities.
  154         (f) Developmental disabilities center.
  155         (6) In developing a client’s annual family or individual
  156  support plan, the individual or family with the assistance of
  157  the support planning team shall identify measurable objectives
  158  for client progress and shall specify a time period expected for
  159  achievement of each objective.
  160         (7) The individual, family, and support coordinator shall
  161  review progress in achieving the objectives specified in each
  162  client’s family or individual support plan, and shall revise the
  163  plan annually, following consultation with the client, if
  164  competent, or with the parent or guardian of the client, or,
  165  when appropriate, the client advocate. The agency or designated
  166  contractor shall annually report in writing to the client, if
  167  competent, or to the parent or guardian of the client, or to the
  168  client advocate, when appropriate, with respect to the client’s
  169  habilitative and medical progress.
  170         (8) Any client, or any parent of a minor client, or
  171  guardian, authorized guardian advocate, or client advocate for a
  172  client, who is substantially affected by the client’s initial
  173  family or individual support plan, or the annual review thereof,
  174  has shall have the right to file a notice to challenge the
  175  decision pursuant to ss. 120.569 and 120.57. Notice of such
  176  right to appeal must shall be included in all support plans
  177  provided by the agency.
  178         Section 4. Subsection (1) of section 393.0655, Florida
  179  Statutes, is amended to read:
  180         393.0655 Screening of direct service providers.—
  181         (1) MINIMUM STANDARDS.—The agency shall require level 2
  182  employment screening pursuant to chapter 435 for direct service
  183  providers who are unrelated to their clients, including support
  184  coordinators, and managers and supervisors of residential
  185  facilities or comprehensive transitional education programs
  186  licensed under this chapter and any other person, including
  187  volunteers, who provide care or services, who have access to a
  188  client’s living areas, or who have access to a client’s funds or
  189  personal property. Background screening must shall include
  190  employment history checks as provided in s. 435.03(1) and local
  191  criminal records checks through local law enforcement agencies.
  192         (a) A volunteer who assists on an intermittent basis for
  193  less than 10 hours per month does not have to be screened if a
  194  person who meets the screening requirement of this section is
  195  always present and has the volunteer within his or her line of
  196  sight.
  197         (b) Licensed physicians, nurses, or other professionals
  198  licensed and regulated by the Department of Health are not
  199  subject to background screening pursuant to this section if they
  200  are providing a service that is within their scope of licensed
  201  practice.
  202         (c) A person selected by the family or the individual with
  203  developmental disabilities and paid by the family or the
  204  individual to provide supports or services is not required to
  205  have a background screening under this section.
  206         (d) Persons 12 years of age or older, including family
  207  members, residing with a direct services provider who provides
  208  services to clients in his or her own place of residence are
  209  subject to background screening; however, such persons who are
  210  12 to 18 years of age must shall be screened only for
  211  delinquency records only.
  212         Section 5. Section 393.0661, Florida Statutes, is amended
  213  to read:
  214         393.0661 Home and community-based services delivery system;
  215  comprehensive redesign.—The Legislature finds that the home and
  216  community-based services delivery system for persons with
  217  developmental disabilities and the availability of appropriated
  218  funds are two of the critical elements in making services
  219  available. Therefore, it is the intent of the Legislature that
  220  the Agency for Persons with Disabilities shall develop, and
  221  implement, and maintain a comprehensive redesign of the system
  222  that includes, at a minimum, all of the following components:.
  223         (1) The redesign of the home and community-based services
  224  system shall include, at a minimum, all actions necessary to
  225  achieve an appropriate rate structure, client choice within a
  226  specified service package, appropriate assessment strategies, an
  227  efficient billing process that contains reconciliation and
  228  monitoring components, and a redefined role for support
  229  coordinators that avoids potential conflicts of interest and
  230  ensures that family/client budgets are linked to levels of need.
  231         (a) The agency shall use an assessment instrument that the
  232  agency deems to be reliable and valid, including, but not
  233  limited to, the Department of Children and Families’ Individual
  234  Cost Guidelines or the agency’s Questionnaire for Situational
  235  Information. The agency may contract with an external vendor or
  236  may use support coordinators to complete client assessments if
  237  it develops sufficient safeguards and training to ensure ongoing
  238  inter-rater reliability.
  239         (b) The agency, with the concurrence of the Agency for
  240  Health Care Administration, may contract for the determination
  241  of medical necessity and establishment of individual budgets.
  242         (2) A provider of services rendered to persons with
  243  developmental disabilities pursuant to a federally approved
  244  waiver must shall be reimbursed according to a rate methodology
  245  based upon an analysis of the expenditure history and
  246  prospective costs of providers participating in the waiver
  247  program, or under any other methodology developed by the Agency
  248  for Health Care Administration, in consultation with the Agency
  249  for Persons with Disabilities, and approved by the Federal
  250  Government in accordance with the waiver.
  251         (3) The Agency for Health Care Administration, in
  252  consultation with the agency, shall seek federal approval and
  253  implement a four-tiered waiver system to serve eligible clients
  254  through the developmental disabilities and family and supported
  255  living waivers. For the purpose of this waiver program, eligible
  256  clients shall include individuals with a diagnosis of Down
  257  syndrome or a developmental disability as defined in s. 393.063.
  258  The agency shall assign all clients receiving services through
  259  the developmental disabilities waiver to a tier based on the
  260  Department of Children and Families’ Individual Cost Guidelines,
  261  the agency’s Questionnaire for Situational Information, or
  262  another such assessment instrument deemed to be valid and
  263  reliable by the agency; client characteristics, including, but
  264  not limited to, age; and other appropriate assessment methods.
  265         (a) Tier one is limited to clients who have service needs
  266  that cannot be met in tier two, three, or four for intensive
  267  medical or adaptive needs and that are essential for avoiding
  268  institutionalization, or who possess behavioral problems that
  269  are exceptional in intensity, duration, or frequency and present
  270  a substantial risk of harm to themselves or others. Total annual
  271  expenditures under tier one may not exceed $150,000 per client
  272  each year, provided that expenditures for clients in tier one
  273  with a documented medical necessity requiring intensive
  274  behavioral residential habilitation services, intensive
  275  behavioral residential habilitation services with medical needs,
  276  or special medical home care, as provided in the Developmental
  277  Disabilities Waiver Services Coverage and Limitations Handbook,
  278  are not subject to the $150,000 limit on annual expenditures.
  279         (b) Tier two is limited to clients whose service needs
  280  include a licensed residential facility and who are authorized
  281  to receive a moderate level of support for standard residential
  282  habilitation services or a minimal level of support for behavior
  283  focus residential habilitation services, or clients in supported
  284  living who receive more than 6 hours a day of in-home support
  285  services. Total annual expenditures under tier two may not
  286  exceed $53,625 per client each year.
  287         (c) Tier three includes, but is not limited to, clients
  288  requiring residential placements, clients in independent or
  289  supported living situations, and clients who live in their
  290  family home. Total annual expenditures under tier three may not
  291  exceed $34,125 per client each year.
  292         (d) Tier four includes individuals who were enrolled in the
  293  family and supported living waiver on July 1, 2007, who shall be
  294  assigned to this tier without the assessments required by this
  295  section. Tier four also includes, but is not limited to, clients
  296  in independent or supported living situations and clients who
  297  live in their family home. Total annual expenditures under tier
  298  four may not exceed $14,422 per client each year.
  299         (e) The Agency for Health Care Administration shall also
  300  seek federal approval to provide a consumer-directed option for
  301  persons with developmental disabilities which corresponds to the
  302  funding levels in each of the waiver tiers. The agency shall
  303  implement the four-tiered waiver system beginning with tiers
  304  one, three, and four and followed by tier two. The agency and
  305  the Agency for Health Care Administration may adopt rules
  306  necessary to administer this subsection.
  307         (3)(f) The agency shall seek federal waivers and amend
  308  contracts as necessary to make changes to services defined in
  309  federal waiver programs administered by the agency as follows:
  310         (a)1. Supported living coaching services may not exceed a
  311  maximum number of 20 hours per month for persons who also
  312  receive in-home support services.
  313         2. Limited support coordination services are the only type
  314  of support coordination service that may be provided to persons
  315  under the age of 18 who live in the family home.
  316         (b)3. Personal support care assistance services are limited
  317  to a maximum number of 180 hours per calendar month, as
  318  determined by agency rule and may not include rate modifiers.
  319  Additional hours may be authorized for persons who have
  320  intensive physical, medical, behavioral, or adaptive needs if
  321  such hours are essential for avoiding institutionalization. The
  322  agency may adopt rules, criteria, and processes for allocating
  323  additional hours.
  324         (c)4. Residential habilitation services are limited to a
  325  rate level based on other services and functional, physical, and
  326  behavioral characteristics of the agency’s clients, as
  327  established by the Agency for Health Care Administration 8 hours
  328  per day. Additional hours may be authorized for persons who have
  329  intensive medical or adaptive needs and if such hours are
  330  essential for avoiding institutionalization, or for persons who
  331  possess behavioral problems that are exceptional in intensity,
  332  duration, or frequency and present a substantial risk of harming
  333  themselves or others. This restriction shall be in effect until
  334  the four-tiered waiver system is fully implemented.
  335         (d)5. Chore services, nonresidential support services, and
  336  homemaker services are eliminated. The agency shall expand the
  337  definition of in-home support services to allow the service
  338  provider to include activities previously provided in these
  339  eliminated services.
  340         (e)6. Massage therapy, medication review, and psychological
  341  assessment services are eliminated.
  342         (f)7. The agency shall conduct supplemental cost plan
  343  reviews to verify the medical necessity of authorized services
  344  for plans that have increased by more than 8 percent during
  345  either of the 2 preceding fiscal years.
  346         (g)8. The agency shall maintain implement a consolidated
  347  cost-effective, and uniform residential habilitation rate
  348  structure to increase savings to the state through a more cost
  349  effective payment method and establish uniform rates for
  350  intensive behavioral residential habilitation services.
  351         9. Pending federal approval, the agency may extend current
  352  support plans for clients receiving services under Medicaid
  353  waivers for 1 year beginning July 1, 2007, or from the date
  354  approved, whichever is later. Clients who have a substantial
  355  change in circumstances which threatens their health and safety
  356  may be reassessed during this year in order to determine the
  357  necessity for a change in their support plan.
  358         (h)10. The agency shall maintain develop a plan to
  359  eliminate redundancies and duplications between in-home support
  360  services, companion services, personal care services, and
  361  supported living coaching by limiting or consolidating such
  362  services.
  363         11. The agency shall develop a plan to reduce the intensity
  364  and frequency of supported employment services to clients in
  365  stable employment situations who have a documented history of at
  366  least 3 years’ employment with the same company or in the same
  367  industry.
  368         (4) The geographic differential for Miami-Dade, Broward,
  369  and Palm Beach Counties for residential habilitation services is
  370  shall be 7.5 percent.
  371         (5) The geographic differential for Monroe County for
  372  residential habilitation services is shall be 20 percent.
  373         (6) Effective January 1, 2010, and except as otherwise
  374  provided in this section, a client served by the home and
  375  community-based services waiver or the family and supported
  376  living waiver funded through the agency shall have his or her
  377  cost plan adjusted to reflect the amount of expenditures for the
  378  previous state fiscal year plus 5 percent if such amount is less
  379  than the client’s existing cost plan. The agency shall use
  380  actual paid claims for services provided during the previous
  381  fiscal year that are submitted by October 31 to calculate the
  382  revised cost plan amount. If the client was not served for the
  383  entire previous state fiscal year or there was any single change
  384  in the cost plan amount of more than 5 percent during the
  385  previous state fiscal year, the agency shall set the cost plan
  386  amount at an estimated annualized expenditure amount plus 5
  387  percent. The agency shall estimate the annualized expenditure
  388  amount by calculating the average of monthly expenditures,
  389  beginning in the fourth month after the client enrolled,
  390  interrupted services are resumed, or the cost plan was changed
  391  by more than 5 percent and ending on August 31, 2009, and
  392  multiplying the average by 12. In order to determine whether a
  393  client was not served for the entire year, the agency shall
  394  include any interruption of a waiver-funded service or services
  395  lasting at least 18 days. If at least 3 months of actual
  396  expenditure data are not available to estimate annualized
  397  expenditures, the agency may not rebase a cost plan pursuant to
  398  this subsection. The agency may not rebase the cost plan of any
  399  client who experiences a significant change in recipient
  400  condition or circumstance which results in a change of more than
  401  5 percent to his or her cost plan between July 1 and the date
  402  that a rebased cost plan would take effect pursuant to this
  403  subsection.
  404         (7) The agency shall collect premiums or cost sharing
  405  pursuant to s. 409.906(13)(c).
  406         (6)(8) This section or related rule does not prevent or
  407  limit the Agency for Health Care Administration, in consultation
  408  with the Agency for Persons with Disabilities, from, or limit
  409  the agency in, consultation with the Agency for Persons with
  410  Disabilities, from adjusting fees, reimbursement rates, lengths
  411  of stay, number of visits, or number of services, or from
  412  limiting enrollment, or making any other adjustment necessary to
  413  comply with the availability of moneys and any limitations or
  414  directions provided in the General Appropriations Act.
  415         (7)(9) The Agency for Persons with Disabilities shall
  416  submit quarterly status reports to the Executive Office of the
  417  Governor, the chair of the Senate Ways and Means Committee on
  418  Appropriations or its successor, and the chair of the House
  419  Appropriations Committee Fiscal Council or its successor
  420  regarding the financial status of home and community-based
  421  services, including the number of enrolled individuals who are
  422  receiving services through one or more programs; the number of
  423  individuals who have requested services who are not enrolled but
  424  who are receiving services through one or more programs, with a
  425  description indicating the programs from which the individual is
  426  receiving services; the number of individuals who have refused
  427  an offer of services but who choose to remain on the list of
  428  individuals waiting for services; the number of individuals who
  429  have requested services, but who are not receiving no services;
  430  a frequency distribution indicating the length of time
  431  individuals have been waiting for services; and information
  432  concerning the actual and projected costs compared to the amount
  433  appropriated by the Legislature of the appropriation available
  434  to the program and any projected surpluses or deficits. If at
  435  any time an analysis by the agency, in consultation with the
  436  Agency for Health Care Administration, indicates that the cost
  437  of services is expected to exceed the amount appropriated, the
  438  agency shall submit a corrective action plan in accordance with
  439  subsection (6) subsection (8) to the Executive Office of the
  440  Governor, the chair of the Senate Ways and Means Committee on
  441  Appropriations or its successor, and the chair of the House
  442  Appropriations Committee Fiscal Council or its successor to
  443  remain within the amount appropriated. The agency shall work
  444  with the Agency for Health Care Administration to implement the
  445  plan so as to remain within the appropriation.
  446         (8)(10) Implementation of Medicaid waiver programs and
  447  services authorized under this chapter is limited by the funds
  448  appropriated for the individual budgets pursuant to s. 393.0662
  449  and the four-tiered waiver system pursuant to subsection (3).
  450  Contracts with independent support coordinators and service
  451  providers must include provisions requiring compliance with
  452  agency cost containment initiatives. The agency shall implement
  453  monitoring and accounting procedures necessary to track actual
  454  expenditures and project future spending compared to available
  455  appropriations for Medicaid waiver programs. When necessary
  456  based on projected deficits, the agency shall must establish
  457  specific corrective action plans that incorporate corrective
  458  actions taken by of contracted providers which that are
  459  sufficient to align program expenditures with annual
  460  appropriations. If deficits continue during the 2012-2013 fiscal
  461  year, the agency in conjunction with the Agency for Health Care
  462  Administration shall develop a plan to redesign the waiver
  463  program and submit the plan to the President of the Senate and
  464  the Speaker of the House of Representatives by September 30,
  465  2013. At a minimum, the plans plan must include the following
  466  elements:
  467         (a) Budget predictability.—Agency budget recommendations
  468  must include specific steps to restrict spending to budgeted
  469  amounts based on alternatives to the iBudget and four-tiered
  470  Medicaid waiver models.
  471         (b) Services.—The agency shall identify core services that
  472  are essential to provide for client health and safety and
  473  recommend elimination of coverage for other services that are
  474  not affordable based on available resources.
  475         (c) Flexibility.—The plan must redesign shall be responsive
  476  to individual needs and, to the extent possible, encourage
  477  client control over allocated resources for their needs.
  478         (d) Support coordination services.—The plan must identify
  479  possible modifications to shall modify the manner of providing
  480  support coordination services to improve management of service
  481  utilization and increase accountability and responsiveness to
  482  agency priorities.
  483         (e) Reporting.—The agency shall provide monthly reports to
  484  the President of the Senate and the Speaker of the House of
  485  Representatives on plan progress and development on July 31,
  486  2013, and August 31, 2013.
  487         (f) Implementation.—The implementation of a redesigned
  488  program is subject to legislative approval and shall occur no
  489  later than July 1, 2014. The Agency for Health Care
  490  Administration shall seek federal waivers as needed to implement
  491  the redesigned plan approved by the Legislature.
  492         Section 6. Subsections (1), (4), (8), and (9) of section
  493  393.067, Florida Statutes, are amended to read:
  494         393.067 Facility licensure.—
  495         (1) The agency shall provide through its licensing
  496  authority and by rule license application procedures, provider
  497  qualifications, facility and client care standards, requirements
  498  for client records, requirements for staff qualifications and
  499  training, and requirements for monitoring foster care
  500  facilities, group home facilities, and residential habilitation
  501  centers, and comprehensive transitional education programs that
  502  serve agency clients.
  503         (4) The application must shall be under oath and must shall
  504  contain the following:
  505         (a) If the applicant is an individual, the name and address
  506  of the applicant, if an applicant is an individual; if the
  507  applicant is a firm, partnership, or association, the name and
  508  address of each member thereof; if the applicant is a
  509  corporation, its name and address and the name and address of
  510  each director and each officer thereof; and, for any applicant,
  511  the name by which the facility or program is to be known.
  512         (b) The location of the facility or program for which a
  513  license is sought.
  514         (c) The name of the person or persons under whose
  515  management or supervision the facility will be operated or the
  516  program will be conducted.
  517         (d) The number and type of residents or clients for which
  518  the facility or program will provide maintenance, care,
  519  education, or treatment is to be provided by the facility or
  520  program.
  521         (e) The number and location of the component centers or
  522  units which will compose the comprehensive transitional
  523  education program.
  524         (e)(f) A description of the types of services and treatment
  525  to be provided by the facility or program.
  526         (f)(g) Information relating to the number, experience, and
  527  training of the employees of the facility or program.
  528         (g)(h) Certification that the staff of the facility or
  529  program will receive training to detect, report, and prevent
  530  sexual abuse, abuse, neglect, exploitation, and abandonment, as
  531  defined in ss. 39.01 and 415.102, of residents and clients.
  532         (h)(i)Such Other information as the agency determines is
  533  necessary to carry out the provisions of this chapter.
  534         (8) The agency, after consultation with the Division of
  535  Emergency Management, shall adopt rules for foster care
  536  facilities, group home facilities, and residential habilitation
  537  centers which establish minimum standards for the preparation
  538  and annual update of a comprehensive emergency management plan.
  539  At a minimum, the rules must provide for plan components that
  540  address emergency evacuation transportation; adequate sheltering
  541  arrangements; postdisaster activities, including emergency
  542  power, food, and water; postdisaster transportation; supplies;
  543  staffing; emergency equipment; individual identification of
  544  residents and transfer of records; and responding to family
  545  inquiries. The comprehensive emergency management plan for all
  546  comprehensive transitional education programs and for homes
  547  serving individuals who have complex medical conditions is
  548  subject to review and approval by the local emergency management
  549  agency. During its review, the local emergency management agency
  550  shall ensure that the agency and the Division of Emergency
  551  Management, at a minimum, are given the opportunity to review
  552  the plan. Also, Appropriate volunteer organizations also must be
  553  given the opportunity to review the plan. The local emergency
  554  management agency shall complete its review within 60 days and
  555  either approve the plan or advise the facility of necessary
  556  revisions.
  557         (9) The agency may conduct unannounced inspections to
  558  determine compliance by foster care facilities, group home
  559  facilities, and residential habilitation centers, and
  560  comprehensive transitional education programs with the
  561  applicable provisions of this chapter and the rules adopted
  562  hereunder pursuant hereto, including the rules adopted for
  563  training staff of a facility or a program to detect, report, and
  564  prevent sexual abuse, abuse, neglect, exploitation, and
  565  abandonment, as defined in ss. 39.01 and 415.102, of residents
  566  and clients. The facility or program shall make copies of
  567  inspection reports available to the public upon request.
  568         Section 7. Subsection (1) of section 393.0678, Florida
  569  Statutes, is amended to read:
  570         393.0678 Receivership proceedings.—
  571         (1) The agency may petition a court of competent
  572  jurisdiction for the appointment of a receiver for a
  573  comprehensive transitional education program, a residential
  574  habilitation center, or a group home facility owned and operated
  575  by a corporation or partnership when any of the following
  576  conditions exist:
  577         (a) Any person is operating a facility without a license
  578  and refuses to make application for a license as required by s.
  579  393.067.
  580         (b) The licensee is closing the facility or has informed
  581  the department that it intends to close the facility,; and
  582  adequate arrangements have not been made for relocation of the
  583  residents within 7 days, exclusive of weekends and holidays,
  584  after of the closing of the facility.
  585         (c) The agency determines that conditions exist in the
  586  facility which present an imminent danger to the health, safety,
  587  or welfare of the residents of the facility or which present a
  588  substantial probability that death or serious physical harm
  589  would result therefrom. Whenever possible, the agency shall
  590  facilitate the continued operation of the program.
  591         (d) The licensee cannot meet its financial obligations to
  592  provide food, shelter, care, and utilities. Evidence such as the
  593  issuance of bad checks or the accumulation of delinquent bills
  594  for such items as personnel salaries, food, drugs, or utilities
  595  constitutes prima facie evidence that the ownership of the
  596  facility lacks the financial ability to operate the home in
  597  accordance with the requirements of this chapter and all rules
  598  promulgated thereunder.
  599         Section 8. Subsection (2) of section 393.135, Florida
  600  Statutes, is amended to read:
  601         393.135 Sexual misconduct prohibited; reporting required;
  602  penalties.—
  603         (2) A covered person who engages in sexual misconduct with
  604  an individual with a developmental disability who:
  605         (a) Resides in a residential facility, including any
  606  comprehensive transitional education program, developmental
  607  disabilities center, foster care facility, group home facility,
  608  intermediate care facility for the developmentally disabled, or
  609  residential habilitation center; or
  610         (b) Is eligible to receive services from the agency under
  611  this chapter,
  613  commits a felony of the second degree, punishable as provided in
  614  s. 775.082, s. 775.083, or s. 775.084. A covered person may be
  615  found guilty of violating this subsection without having
  616  committed the crime of sexual battery.
  617         Section 9. Section 393.18, Florida Statutes, is repealed.
  618         Section 10. Paragraph (b) of subsection (1) of section
  619  383.141, Florida Statutes, is amended to read:
  620         383.141 Prenatally diagnosed conditions; patient to be
  621  provided information; definitions; information clearinghouse;
  622  advisory council.—
  623         (1) As used in this section, the term:
  624         (b) “Developmental disability” has the same meaning as in
  625  s. 393.063 includes Down syndrome and other developmental
  626  disabilities defined by s. 393.063(12).
  627         Section 11. Paragraph (c) of subsection (3) of section
  628  394.875, Florida Statutes, is amended to read:
  629         394.875 Crisis stabilization units, residential treatment
  630  facilities, and residential treatment centers for children and
  631  adolescents; authorized services; license required.—
  632         (3) The following are exempt from licensure as required in
  633  ss. 394.455-394.903:
  634         (c) Comprehensive transitional education programs licensed
  635  under s. 393.067.
  636         Section 12. Paragraph (d) of subsection (2) of section
  637  1002.385, Florida Statutes, is amended to read:
  638         1002.385 The Gardiner Scholarship.—
  639         (2) DEFINITIONS.—As used in this section, the term:
  640         (d) “Disability” means, for a 3- or 4-year-old child or for
  641  a student in kindergarten to grade 12, having autism spectrum
  642  disorder, as defined in the Diagnostic and Statistical Manual of
  643  Mental Disorders, Fifth Edition, published by the American
  644  Psychiatric Association; having cerebral palsy, as defined in s.
  645  393.063(6); Down syndrome, as defined in s. 393.063(15); an
  646  intellectual disability, as defined in s. 393.063(24); Phelan
  647  McDermid syndrome, as defined in s. 393.063(28); Prader-Willi
  648  syndrome, or as defined in s. 393.063(29); spina bifida, or as
  649  defined in s. 393.063(40); being a high-risk child, as those
  650  terms are defined in s. 393.063 s. 393.063(23)(a); or having
  651  muscular dystrophy; Williams syndrome; rare diseases that which
  652  affect patient populations of fewer than 200,000 individuals in
  653  the United States, as defined by the National Organization for
  654  Rare Disorders; anaphylaxis; deafness deaf; visual impairment
  655  visually impaired; or traumatic brain injury or being
  656  hospitalized injured; hospital or homebound; or identification
  657  as dual sensory impaired, as that term is defined by rules of
  658  the State Board of Education and evidenced by reports from local
  659  school districts. The term “hospital or homebound” includes a
  660  student who has a medically diagnosed physical or psychiatric
  661  condition or illness, as defined by the state board in rule, and
  662  who is confined to the home or hospital for more than 6 months.
  663         Section 13. This act shall take effect July 1, 2019.