Florida Senate - 2023                                     SB 228
       By Senator Berman
       26-00033-23                                            2023228__
    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”; reenacting s.
    7         383.141(1)(b), F.S., relating to prenatally diagnosed
    8         conditions, to incorporate the amendment made to s.
    9         393.063, F.S., in a reference thereto; amending s.
   10         1002.394, F.S.; conforming provisions to changes made
   11         by the act; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Present subsections (18) through (46) of section
   16  393.063, Florida Statutes, are redesignated as subsections (19)
   17  through (47), respectively, a new subsection (18) is added to
   18  that section, and subsection (12) of that section is amended, to
   19  read:
   20         393.063 Definitions.—For the purposes of this chapter, the
   21  term:
   22         (12) “Developmental disability” means a disorder or
   23  syndrome that is attributable to intellectual disability,
   24  cerebral palsy, autism, spina bifida, Down syndrome, Phelan
   25  McDermid syndrome, or Prader-Willi syndrome, or a fetal alcohol
   26  spectrum disorder; that manifests before the age of 18; and that
   27  constitutes a substantial handicap that can reasonably be
   28  expected to continue indefinitely.
   29         (18)“Fetal alcohol spectrum disorders” means the range of
   30  adverse effects that can occur in an individual who is
   31  prenatally exposed to alcohol and that may include physical,
   32  mental, behavioral, and learning disabilities associated with
   33  possible lifelong implications.
   34         Section 2. For the purpose of incorporating the amendment
   35  made by this act to section 393.063(12), Florida Statutes, in a
   36  reference thereto, paragraph (b) of subsection (1) of section
   37  383.141, Florida Statutes, is reenacted to read:
   38         383.141 Prenatally diagnosed conditions; patient to be
   39  provided information; definitions; information clearinghouse;
   40  advisory council.—
   41         (1) As used in this section, the term:
   42         (b) “Developmental disability” includes Down syndrome and
   43  other developmental disabilities defined by s. 393.063(12).
   44         Section 3. Paragraph (d) of subsection (2) of section
   45  1002.394, Florida Statutes, is amended to read:
   46         1002.394 The Family Empowerment Scholarship Program.—
   47         (2) DEFINITIONS.—As used in this section, the term:
   48         (d) “Disability” means, for a 3- or 4-year-old child or for
   49  a student in kindergarten to grade 12, autism spectrum disorder,
   50  as defined in the Diagnostic and Statistical Manual of Mental
   51  Disorders, Fifth Edition, published by the American Psychiatric
   52  Association; cerebral palsy, as defined in s. 393.063; Down
   53  syndrome, as defined in s. 393.063; an intellectual disability,
   54  as defined in s. 393.063; a speech impairment; a language
   55  impairment; an orthopedic impairment; any an other health
   56  impairment; an emotional or a behavioral disability; a specific
   57  learning disability, including, but not limited to, dyslexia,
   58  dyscalculia, or developmental aphasia; Phelan-McDermid syndrome,
   59  as defined in s. 393.063; Prader-Willi syndrome, as defined in
   60  s. 393.063; spina bifida, as defined in s. 393.063; a fetal
   61  alcohol spectrum disorder, as defined in s. 393.063; being a
   62  high-risk child, as defined in s. 393.063(24)(a) s.
   63  393.063(23)(a); muscular dystrophy; Williams syndrome; rare
   64  diseases which affect patient populations of fewer than 200,000
   65  individuals in the United States, as defined by the National
   66  Organization for Rare Disorders; anaphylaxis; a hearing
   67  impairment, including deafness; a visual impairment, including
   68  blindness; traumatic brain injury; hospital or homebound; or
   69  identification as dual sensory impaired, as defined by rules of
   70  the State Board of Education and evidenced by reports from local
   71  school districts. The term “hospital or homebound” includes a
   72  student who has a medically diagnosed physical or psychiatric
   73  condition or illness, as defined by the state board in rule, and
   74  who is confined to the home or hospital for more than 6 months.
   75         Section 4. This act shall take effect July 1, 2024.