HB 93 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0093-00
Page 1 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to fetal alcohol spectrum disorders; 2
amending s. 393.063, F.S.; revising the definition of 3
the term "developmental disability" to include fetal 4
alcohol spectrum disorders; defining the term "fetal 5
alcohol spectrum disorders"; amending s. 393.065, 6
F.S.; requiring the Agency for Persons with 7
Disabilities to allow certain individuals diagnosed 8
with fetal alcohol spectrum disorders to receive home 9
and community-based services; amending s. 1002.394, 10
F.S.; conforming provisions to changes made by the 11
act; providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Subsections (18) through (46) of section 16
393.063, Florida Statutes, are renumbered as subsections (19) 17
through (47), respectively, subsection (12) is amended, and a 18
new subsection (18) is added to that section, to read: 19
393.063 Definitions. —For the purposes of this chapter, the 20
term: 21
(12) "Developmental disability" means a disorder or 22
syndrome that is attributable to intellectual disability, 23
cerebral palsy, autism, spina bifida, Down syndrome, Phelan -24
McDermid syndrome, or Prader-Willi syndrome, or a fetal alcohol 25
HB 93 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0093-00
Page 2 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
spectrum disorder; that manifests before the age of 18; and that 26
constitutes a substantial handicap that can reasonably be 27
expected to continue indefinitely. 28
(18) "Fetal alcohol spectrum disorders" means the range of 29
adverse effects that can occur in an individual who is 30
prenatally exposed to alcohol which may include physical, 31
mental, behavioral, and learning disabilities associated with 32
possible lifelong implications. 33
Section 2. Subsections (8) through (11) of section 34
393.065, Florida Statutes, are renumbered as subsections (9) 35
through (12), respectively, paragraph (b) of present subsection 36
(10) is amended, and a new subsection (8) is added to that 37
section, to read: 38
393.065 Application and eligibility determination. — 39
(8) The agency shall allow an individual who is diagnosed 40
with a fetal alcohol spectrum disorder and who meets the 41
eligibility requirements of subsection (1) to receive home and 42
community-based services. 43
(11)(10) 44
(b) The agency must provide the information required in 45
paragraph (a) in writing to an applicant or h is or her parent, 46
legal guardian, or family member along with a written disclosure 47
statement in substantially the following form: 48
DISCLOSURE STATEMENT 49
Each program and service has its own eligibility requirements. 50
HB 93 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0093-00
Page 3 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
By providing the information specified in section 393.065(11)(a) 51
393.065(10)(a), Florida Statutes, the agency does not guarantee 52
an applicant's eligibility for or enrollment in any program or 53
service. 54
Section 3. Paragraph (d) of subsection (2) of section 55
1002.394, Florida Statutes, is amended to read: 56
1002.394 The Family Empowerment Scholarship Program. — 57
(2) DEFINITIONS.—As used in this section, the term: 58
(d) "Disability" means, for a 3 - or 4-year-old child or 59
for a student in kindergarten to grade 12, autism spectrum 60
disorder, as defined in the Diagnostic and Statistical Manual of 61
Mental Disorders, Fifth Edition, published by the American 62
Psychiatric Association; cerebral palsy, as defined in s. 63
393.063; Down syndrome, as defined in s. 393.063; an 64
intellectual disability, as defined in s. 393.063; a speech 65
impairment; a language impairment; an orthopedic impairment; an 66
other health impairment; an emotional or a behavioral 67
disability; a specific learning disability, including, but not 68
limited to, dyslexia, dyscalculia, or developmental aphasia; 69
Phelan-McDermid syndrome, as defined in s. 393.063; Prader -Willi 70
syndrome, as defined in s. 393.063; spina bifida, as defined in 71
s. 393.063; fetal alcohol spectrum disorder, as defined in s. 72
393.063; being a high-risk child, as defined in s. 73
393.063(24)(a) s. 393.063(23)(a); muscular dystrophy; Williams 74
syndrome; rare diseases which affect patient populations of 75
HB 93 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0093-00
Page 4 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
fewer than 200,000 individuals in the United States, as defined 76
by the National Organization for Rare Disorders; anaphylaxis; a 77
hearing impairment, including deafness; a visual impairment, 78
including blindness; traumatic brain injury; hospital or 79
homebound; or identification as dual sensory impaired, as 80
defined by rules of the State Board of Education and evidenced 81
by reports from local school districts. The term "hospital or 82
homebound" includes a student who has a medically diagnosed 83
physical or psychiatric condi tion or illness, as defined by the 84
state board in rule, and who is confined to the home or hospital 85
for more than 6 months. 86
Section 4. This act shall take effect July 1, 2022. 87