Florida Senate - 2022                                     SB 306
       By Senator Berman
       31-00481A-22                                           2022306__
    1                        A bill to be entitled                      
    2         An act relating to fetal alcohol spectrum disorders;
    3         amending s. 393.063, F.S.; revising the definition of
    4         the term “developmental disability” to include fetal
    5         alcohol spectrum disorders; defining the term “fetal
    6         alcohol spectrum disorders”; amending s. 393.065,
    7         F.S.; requiring the Agency for Persons with
    8         Disabilities to allow certain individuals diagnosed
    9         with fetal alcohol spectrum disorders to receive home
   10         and community-based services; amending s. 1002.394,
   11         F.S.; conforming provisions to changes made by the
   12         act; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Present subsections (18) through (46) of section
   17  393.063, Florida Statutes, are redesignated as subsections (19)
   18  through (47), respectively, a new subsection (18) is added to
   19  that section, and subsection (12) of that section is amended, to
   20  read:
   21         393.063 Definitions.—For the purposes of this chapter, the
   22  term:
   23         (12) “Developmental disability” means a disorder or
   24  syndrome that is attributable to intellectual disability,
   25  cerebral palsy, autism, spina bifida, Down syndrome, Phelan
   26  McDermid syndrome, or Prader-Willi syndrome, or a fetal alcohol
   27  spectrum disorder; that manifests before the age of 18; and that
   28  constitutes a substantial handicap that can reasonably be
   29  expected to continue indefinitely.
   30         (18)“Fetal alcohol spectrum disorders” means the range of
   31  adverse effects that can occur in an individual who is
   32  prenatally exposed to alcohol and that may include physical,
   33  mental, behavioral, and learning disabilities associated with
   34  possible lifelong implications.
   35         Section 2. Present subsections (8) through (11) of section
   36  393.065, Florida Statutes, are redesignated as subsections (9)
   37  through (12), respectively, a new subsection (8) is added to
   38  that section, and paragraph (b) of present subsection (10) of
   39  that section is amended, to read:
   40         393.065 Application and eligibility determination.—
   41         (8) The agency shall allow an individual who is diagnosed
   42  with a fetal alcohol spectrum disorder and who meets the
   43  eligibility requirements of subsection (1) to receive home and
   44  community-based services.
   45         (11)(10)
   46         (b) The agency must provide the information required in
   47  paragraph (a) in writing to an applicant or his or her parent,
   48  legal guardian, or family member along with a written disclosure
   49  statement in substantially the following form:
   51                        DISCLOSURE STATEMENT                       
   53  Each program and service has its own eligibility requirements.
   54  By providing the information specified in section 393.065(11)(a)
   55  393.065(10)(a), Florida Statutes, the agency does not guarantee
   56  an applicant’s eligibility for or enrollment in any program or
   57  service.
   58         Section 3. Paragraph (d) of subsection (2) of section
   59  1002.394, Florida Statutes, is amended to read:
   60         1002.394 The Family Empowerment Scholarship Program.—
   61         (2) DEFINITIONS.—As used in this section, the term:
   62         (d) “Disability” means, for a 3- or 4-year-old child or for
   63  a student in kindergarten to grade 12, autism spectrum disorder,
   64  as defined in the Diagnostic and Statistical Manual of Mental
   65  Disorders, Fifth Edition, published by the American Psychiatric
   66  Association; cerebral palsy, as defined in s. 393.063; Down
   67  syndrome, as defined in s. 393.063; an intellectual disability,
   68  as defined in s. 393.063; a speech impairment; a language
   69  impairment; an orthopedic impairment; an other health
   70  impairment; an emotional or a behavioral disability; a specific
   71  learning disability, including, but not limited to, dyslexia,
   72  dyscalculia, or developmental aphasia; Phelan-McDermid syndrome,
   73  as defined in s. 393.063; Prader-Willi syndrome, as defined in
   74  s. 393.063; spina bifida, as defined in s. 393.063; a fetal
   75  alcohol spectrum disorder, as defined in s. 393.063; being a
   76  high-risk child, as defined in s. 393.063(24)(a) s.
   77  393.063(23)(a); muscular dystrophy; Williams syndrome; rare
   78  diseases which affect patient populations of fewer than 200,000
   79  individuals in the United States, as defined by the National
   80  Organization for Rare Disorders; anaphylaxis; a hearing
   81  impairment, including deafness; a visual impairment, including
   82  blindness; traumatic brain injury; hospital or homebound; or
   83  identification as dual sensory impaired, as defined by rules of
   84  the State Board of Education and evidenced by reports from local
   85  school districts. The term “hospital or homebound” includes a
   86  student who has a medically diagnosed physical or psychiatric
   87  condition or illness, as defined by the state board in rule, and
   88  who is confined to the home or hospital for more than 6 months.
   89         Section 4. This act shall take effect July 1, 2022.