HB 255 2023
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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"; reenacting s. 6
383.141(1)(b), F.S., relating to prenatally diagnosed 7
conditions, to incorporate the amendment made to s. 8
393.063, F.S., in a reference thereto; amending s. 9
1002.394, F.S.; conforming provisions to changes made 10
by the act; making technical changes; providing an 11
effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
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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 disabi lity" 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 255 2023
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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 and that may include physical, 31
mental, behavioral, and learning disabilities associated with 32
possible lifelong implications. 33
Section 2. For the purpose of incorporating the amendment 34
made by this act to section 393.063(12), Florida Statutes, in a 35
reference thereto, paragraph (b) of subsection (1) of section 36
383.141, Florida Statutes, is reenacted to read: 37
383.141 Prenatally diagnosed conditions; patient to be 38
provided information; definitions; information clearinghouse; 39
advisory council.— 40
(1) As used in this section, the term: 41
(b) "Developmental disability" includes Down syndrome and 42
other developmental disabilities defined by s. 393.063(12). 43
Section 3. Paragraph (d) of subsection (2) of section 44
1002.394, Florida Statutes, is amended to read: 45
1002.394 The Family Empowerment Scholarship Program. — 46
(2) DEFINITIONS.—As used in this section, the term: 47
(d) "Disability" means, for a 3 - or 4-year-old child or 48
for a student in kindergarten through to grade 12, autism 49
spectrum disorder, as defined i n the Diagnostic and Statistical 50
HB 255 2023
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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
Manual of Mental Disorders, Fifth Edition, published by the 51
American Psychiatric Association; cerebral palsy, as defined in 52
s. 393.063; Down syndrome, as defined in s. 393.063; an 53
intellectual disability, as defined in s. 3 93.063; a speech 54
impairment; a language impairment; an orthopedic impairment; any 55
an other health impairment; an emotional or a behavioral 56
disability; a specific learning disability, including, but not 57
limited to, dyslexia, dyscalculia, or developmental ap hasia; 58
Phelan-McDermid syndrome, as defined in s. 393.063; Prader -Willi 59
syndrome, as defined in s. 393.063; spina bifida, as defined in 60
s. 393.063; a fetal alcohol spectrum disorder, as defined in s. 61
393.063; being a high-risk child, as defined in s. 62
393.063(24)(a) s. 393.063(23)(a); muscular dystrophy; Williams 63
syndrome; rare diseases which affect patient populations of 64
fewer than 200,000 individuals in the United States, as defined 65
by the National Organization for Rare Disorders; anaphylaxis; a 66
hearing impairment, including deafness; a visual impairment, 67
including blindness; traumatic brain injury; hospital or 68
homebound; or identification as dual sensory impaired, as 69
defined by rules of the State Board of Education and evidenced 70
by reports from local schoo l districts. The term "hospital or 71
homebound" includes a student who has a medically diagnosed 72
physical or psychiatric condition or illness, as defined by the 73
state board in rule, and who is confined to the home or hospital 74
for more than 6 months. 75
HB 255 2023
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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
Section 4. This act shall take effect July 1, 2024. 76