Florida 2022 Regular Session

Florida House Bill H0093 Compare Versions

Only one version of the bill is available at this time.
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1010 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
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1414 A bill to be entitled 1
1515 An act relating to fetal alcohol spectrum disorders; 2
1616 amending s. 393.063, F.S.; revising the definition of 3
1717 the term "developmental disability" to include fetal 4
1818 alcohol spectrum disorders; defining the term "fetal 5
1919 alcohol spectrum disorders"; amending s. 393.065, 6
2020 F.S.; requiring the Agency for Persons with 7
2121 Disabilities to allow certain individuals diagnosed 8
2222 with fetal alcohol spectrum disorders to receive home 9
2323 and community-based services; amending s. 1002.394, 10
2424 F.S.; conforming provisions to changes made by the 11
2525 act; providing an effective date. 12
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2727 Be It Enacted by the Legislature of the State of Florida: 14
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2929 Section 1. Subsections (18) through (46) of section 16
3030 393.063, Florida Statutes, are renumbered as subsections (19) 17
3131 through (47), respectively, subsection (12) is amended, and a 18
3232 new subsection (18) is added to that section, to read: 19
3333 393.063 Definitions. —For the purposes of this chapter, the 20
3434 term: 21
3535 (12) "Developmental disability" means a disorder or 22
3636 syndrome that is attributable to intellectual disability, 23
3737 cerebral palsy, autism, spina bifida, Down syndrome, Phelan -24
3838 McDermid syndrome, or Prader-Willi syndrome, or a fetal alcohol 25
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4747 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
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5151 spectrum disorder; that manifests before the age of 18; and that 26
5252 constitutes a substantial handicap that can reasonably be 27
5353 expected to continue indefinitely. 28
5454 (18) "Fetal alcohol spectrum disorders" means the range of 29
5555 adverse effects that can occur in an individual who is 30
5656 prenatally exposed to alcohol which may include physical, 31
5757 mental, behavioral, and learning disabilities associated with 32
5858 possible lifelong implications. 33
5959 Section 2. Subsections (8) through (11) of section 34
6060 393.065, Florida Statutes, are renumbered as subsections (9) 35
6161 through (12), respectively, paragraph (b) of present subsection 36
6262 (10) is amended, and a new subsection (8) is added to that 37
6363 section, to read: 38
6464 393.065 Application and eligibility determination. — 39
6565 (8) The agency shall allow an individual who is diagnosed 40
6666 with a fetal alcohol spectrum disorder and who meets the 41
6767 eligibility requirements of subsection (1) to receive home and 42
6868 community-based services. 43
6969 (11)(10) 44
7070 (b) The agency must provide the information required in 45
7171 paragraph (a) in writing to an applicant or h is or her parent, 46
7272 legal guardian, or family member along with a written disclosure 47
7373 statement in substantially the following form: 48
7474 DISCLOSURE STATEMENT 49
7575 Each program and service has its own eligibility requirements. 50
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8484 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
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8888 By providing the information specified in section 393.065(11)(a) 51
8989 393.065(10)(a), Florida Statutes, the agency does not guarantee 52
9090 an applicant's eligibility for or enrollment in any program or 53
9191 service. 54
9292 Section 3. Paragraph (d) of subsection (2) of section 55
9393 1002.394, Florida Statutes, is amended to read: 56
9494 1002.394 The Family Empowerment Scholarship Program. — 57
9595 (2) DEFINITIONS.—As used in this section, the term: 58
9696 (d) "Disability" means, for a 3 - or 4-year-old child or 59
9797 for a student in kindergarten to grade 12, autism spectrum 60
9898 disorder, as defined in the Diagnostic and Statistical Manual of 61
9999 Mental Disorders, Fifth Edition, published by the American 62
100100 Psychiatric Association; cerebral palsy, as defined in s. 63
101101 393.063; Down syndrome, as defined in s. 393.063; an 64
102102 intellectual disability, as defined in s. 393.063; a speech 65
103103 impairment; a language impairment; an orthopedic impairment; an 66
104104 other health impairment; an emotional or a behavioral 67
105105 disability; a specific learning disability, including, but not 68
106106 limited to, dyslexia, dyscalculia, or developmental aphasia; 69
107107 Phelan-McDermid syndrome, as defined in s. 393.063; Prader -Willi 70
108108 syndrome, as defined in s. 393.063; spina bifida, as defined in 71
109109 s. 393.063; fetal alcohol spectrum disorder, as defined in s. 72
110110 393.063; being a high-risk child, as defined in s. 73
111111 393.063(24)(a) s. 393.063(23)(a); muscular dystrophy; Williams 74
112112 syndrome; rare diseases which affect patient populations of 75
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121121 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
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125125 fewer than 200,000 individuals in the United States, as defined 76
126126 by the National Organization for Rare Disorders; anaphylaxis; a 77
127127 hearing impairment, including deafness; a visual impairment, 78
128128 including blindness; traumatic brain injury; hospital or 79
129129 homebound; or identification as dual sensory impaired, as 80
130130 defined by rules of the State Board of Education and evidenced 81
131131 by reports from local school districts. The term "hospital or 82
132132 homebound" includes a student who has a medically diagnosed 83
133133 physical or psychiatric condi tion or illness, as defined by the 84
134134 state board in rule, and who is confined to the home or hospital 85
135135 for more than 6 months. 86
136136 Section 4. This act shall take effect July 1, 2022. 87