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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 the Agency for Persons with 2
Disabilities; amending s. 393.063, F.S.; revising and 3
defining terms; amending s. 393.0655, F.S.; revising 4
background screening requirements for certain direct 5
service providers; amending s. 393.067, F.S.; 6
requiring the licensure of adult day training 7
programs; conforming related application and licensure 8
provisions to changes made by the act; providing for 9
comprehensive emergency management plans of adult day 10
training programs; providing for inspections of adu lt 11
day training programs; requiring adult day training 12
programs to adhere to specified rights; conforming 13
provisions to changes made by the act; amending s. 14
393.0673, F.S.; revising provisions related to 15
disciplinary action against certain licensees to 16
include licensed adult day training programs; 17
providing that for purposes of disciplinary action for 18
certain violations, a licensee is ultimately 19
responsible for the care and supervision of clients in 20
its facility or participants of the program; providing 21
construction; revising grounds for denial of a 22
licensure application; defining the term "good moral 23
character"; authorizing the agency to immediately 24
suspend or revoke the license of adult day training 25
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programs under certain circumstances; authorizing the 26
agency to impose an immediate moratorium on service 27
authorizations to licensed facilities and adult day 28
training programs under certain circumstances; 29
amending s. 393.0678, F.S.; conforming provisions to 30
changes made by the act; making a technical 31
correction; amending s. 393.135, F.S.; conforming 32
provisions to changes made by the act; repealing s. 33
393.18, F.S., relating to comprehensive transitional 34
education programs; amending s. 394.875, F.S.; 35
conforming a provision to changes made by the act; 36
amending ss. 383.141, 400.063, and 1002.394, F.S.; 37
conforming cross-references; providing an effective 38
date. 39
40
Be It Enacted by the Legislature of the State of Florida: 41
42
Section 1. Subsections (1) and (10) of section 393.063, 43
Florida Statutes, are amended, and a new subsection (25) is 44
added to that section, to read: 45
393.063 Definitions. —For the purposes of this chapter, the 46
term: 47
(1) "Adult day training" means a program of training 48
services which takes that take place in a nonresidential 49
setting, separate from the home or facility in which the client 50
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resides, and is are intended to support the participation of 51
clients in daily, meaningful, and valued routines of the 52
community. These services include, but are not limited to, the 53
acquisition, retention, or improv ement of self-help, 54
socialization, and adaptive skills Such training may be provided 55
in work-like settings that do not meet the definition of 56
supported employment . 57
(10) "Comprehensive transitional education program" means 58
the program established in s. 39 3.18. 59
(25) "Licensee" means an individual, a corporation, a 60
partnership, a firm, an association, a governmental entity, or 61
other entity that is issued a permit, registration, certificate, 62
or license by the agency. The licensee is legally responsible 63
for all aspects of the provider operation. 64
Section 2. Subsection (1) of section 393.0655, Florida 65
Statutes, is amended to read: 66
393.0655 Screening of direct service providers. — 67
(1) MINIMUM STANDARDS. —The agency shall require level 2 68
employment screening pursuant to chapter 435 for direct service 69
providers who are unrelated to their clients, including support 70
coordinators, and managers and supervisors of residential 71
facilities or adult day training comprehensive transitional 72
education programs licensed under this chapter and any other 73
person, including volunteers, who provide care or services, who 74
have access to a client's living areas, or who have access to a 75
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client's funds or personal property. Background screening must 76
shall include employment history checks as provided in s. 77
435.03(1) and local criminal records checks through local law 78
enforcement agencies. 79
(a) A volunteer who assists on an intermittent basis for 80
less than 10 hours per month does not have to be screened if a 81
person who meets the scre ening requirement of this section is 82
always present and has the volunteer within his or her line of 83
sight. 84
(b) Licensed physicians, nurses, or other professionals 85
licensed and regulated by the Department of Health are not 86
subject to background screening pursuant to this section if they 87
are providing a service that is within their scope of licensed 88
practice. 89
(c) A person selected by the family or the individual with 90
developmental disabilities and paid by the family or the 91
individual to provide supports o r services is not required to 92
have a background screening under this section. 93
(d) Persons 12 years of age or older, including family 94
members, residing with a direct services provider who provides 95
services to clients in his or her own place of residence a re 96
subject to background screening; however, such persons who are 97
12 to 18 years of age shall be screened for delinquency records 98
only. 99
Section 3. Section 393.067, Florida Statutes, is amended 100
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to read: 101
393.067 Facility licensure. — 102
(1) The agency shall provide through its licensing 103
authority and by rule license application procedures, provider 104
qualifications, facility and client care standards, requirements 105
for client records, requirements for staff qualifications and 106
training, and requirements for monitoring foster care 107
facilities, group home facilities, residential habilitation 108
centers, and adult day training comprehensive transitional 109
education programs that serve agency clients. 110
(2) The agency shall conduct annual inspections a nd 111
reviews of facilities and adult day training programs licensed 112
under this section. 113
(3) An application for a license under this section must 114
be made to the agency on a form furnished by it and shall be 115
accompanied by the appropriate license fee. 116
(4) The application shall be under oath and shall contain 117
the following: 118
(a) The name and address of the applicant, if an applicant 119
is an individual; if the applicant is a firm, partnership, or 120
association, the name and address of each member thereof; if the 121
applicant is a corporation, its name and address and the name 122
and address of each director and each officer thereof; and the 123
name by which the facility or program is to be known. 124
(b) The location of the facility or adult day training 125
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program for which a license is sought. 126
(c) The name of the person or persons under whose 127
management or supervision the facility or adult day training 128
program will be conducted. 129
(d) The number and type of residents or clients for which 130
maintenance, care, education, or tre atment is to be provided by 131
the facility or adult day training program. 132
(e) The number and location of the component centers or 133
units which will compose the comprehensive transitional 134
education program. 135
(f) A description of the types of services and tr eatment 136
to be provided by the facility or adult day training program. 137
(f)(g) Information relating to the number, experience, and 138
training of the employees of the facility or adult day training 139
program. 140
(g)(h) Certification that the staff of the facilit y or 141
adult day training program will receive training to detect, 142
report, and prevent sexual abuse, abuse, neglect, exploitation, 143
and abandonment, as defined in ss. 39.01 and 415.102, of 144
residents and clients. 145
(h)(i) Such other Information as the agency determines is 146
necessary to carry out the provisions of this chapter. 147
(5) As a prerequisite for issuance of an initial or 148
renewal license, the applicant, and any manager, supervisor, and 149
staff member of the direct service provider of a facility or 150
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adult day training program licensed under this section, must 151
have submitted to background screening as required under s. 152
393.0655. A license may not be issued or renewed if the 153
applicant or any manager, supervisor, or staff member of the 154
direct service provider ha s a disqualifying offense revealed by 155
failed background screenings as required under s. 393.0655. The 156
agency shall determine by rule the frequency of background 157
screening. The applicant shall submit with each initial or 158
renewal application a signed affidav it under penalty of perjury 159
stating that the applicant and any manager, supervisor, or staff 160
member of the direct service provider is in compliance with all 161
requirements for background screening. 162
(6) A facility or program The applicant shall furnish 163
satisfactory proof of financial ability to operate and conduct 164
the facility or program in accordance with the requirements of 165
this chapter and adopted rules. 166
(7) The agency shall adopt rules establishing minimum 167
standards for facilities and adult day training programs 168
licensed under this section, including rules requiring 169
facilities and adult day training programs to train staff to 170
detect, report, and prevent sexual abuse, abuse, neglect, 171
exploitation, and abandonment, as defined in ss. 39.01 and 172
415.102, of residents and clients, minimum standards of quality 173
and adequacy of client care, incident reporting requirements, 174
and uniform firesafety standards established by the State Fire 175
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Marshal which are appropriate to the size of the f acility or 176
adult day training of the component centers or units of the 177
program. 178
(8) The agency, after consultation with the Division of 179
Emergency Management, shall adopt rules for foster care 180
facilities, group home facilities, and residential habilitatio n 181
centers, and adult day training programs which establish minimum 182
standards for the preparation and annual update of a 183
comprehensive emergency management plan. At a minimum, the rules 184
must provide for plan components that address emergency 185
evacuation transportation; adequate sheltering arrangements; 186
postdisaster activities, including emergency power, food, and 187
water; postdisaster transportation; supplies; staffing; 188
emergency equipment; individual identification of residents and 189
transfer of records; and res ponding to family inquiries. The 190
comprehensive emergency management plan for all facilities and 191
adult day training comprehensive transitional education programs 192
and for homes serving individuals who have a complex medical 193
condition conditions is subject to review and approval by the 194
local emergency management agency. During its review, the local 195
emergency management agency shall ensure that the agency and the 196
Division of Emergency Management, at a minimum, are given the 197
opportunity to review the plan. Also, appropriate volunteer 198
organizations must be given the opportunity to review the plan. 199
The local emergency management agency shall complete its review 200
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within 60 days and either approve the plan or advise the 201
facility or program of necessary revisions. 202
(9) The agency may conduct unannounced inspections to 203
determine compliance by foster care facilities, group home 204
facilities, residential habilitation centers, and adult day 205
training comprehensive transitional education programs with the 206
applicable provisions of this chapter and the rules adopted 207
pursuant hereto, including the rules adopted for training staff 208
of a facility or an adult day training a program to detect, 209
report, and prevent sexual abuse, abuse, neglect, exploitation, 210
and abandonment, as defined i n ss. 39.01 and 415.102, of 211
residents and clients. The facility or adult day training 212
program shall make copies of inspection reports available to the 213
public upon request. 214
(10) Each facility or program licensed under this section 215
shall forward annually t o the agency a true and accurate sworn 216
statement of its costs of providing care to clients funded by 217
the agency. 218
(11) The agency may audit the records of any facility or 219
program that it has reason to believe may not be in full 220
compliance with the provisions of this section; provided that, 221
any financial audit of such facility or program is shall be 222
limited to the records of clients funded by the agency. 223
(12) The agency shall establish, for the purpose of 224
control of licensure costs, a uniform management i nformation 225
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system and a uniform reporting system with uniform definitions 226
and reporting categories. 227
(13) Facilities and adult day training programs licensed 228
under pursuant to this section shall adhere to all rights 229
specified in s. 393.13 , including those enumerated in s. 230
393.13(4). 231
(14) The agency may not authorize funds or services to an 232
unlicensed facility or adult day training program that requires 233
a license under this section may not receive state funds . A 234
license for the operation of a facility or an adult day training 235
program may shall not be renewed if the licensee has any 236
outstanding fines assessed pursuant to this chapter wherein 237
final adjudication of such fines has been entered. 238
(15) The agency is not required to contract with 239
facilities or adult day training programs licensed under 240
pursuant to this chapter. 241
Section 4. Section 393.0673, Florida Statutes, is amended 242
to read: 243
393.0673 Denial, suspension, or revocation of license; 244
moratorium on admissions; administrative fines; procedures. — 245
(1) The following constitute grounds for which the agency 246
may take disciplinary action, including revoking or suspending 247
revoke or suspend a license and imposing or impose an 248
administrative fine, not to exceed $1,000 per violation per day , 249
if: 250
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(a) The licensee has: 251
1. Falsely represented or omitted a material fact in its 252
license application submitted under s. 393.067; 253
2. Had prior action taken against it under the Medicaid or 254
Medicare program; or 255
3. Failed to comply with the applicable requiremen ts of 256
this chapter or rules applicable to the licensee; or 257
(b) The Department of Children and Families has verified 258
that the licensee is responsible for the abuse, neglect, or 259
abandonment of a child or the abuse, neglect, or exploitation of 260
a vulnerable adult. 261
(2) For purposes of disciplinary action under this section 262
for verified findings of abuse, neglect, abandonment, or 263
exploitation of a child or vulnerable adult, the licensee is 264
responsible not only for administration of the facilities in 265
compliance with the standards set out by statute and 266
administrative rule, but is ultimately responsible for the care 267
and supervision of the clients in the facility or the 268
participants of the program. 269
(a) A licensee may not delegate to others the ultimate 270
responsibility for the safety of the clients in its care. 271
(b) A licensee is subject to disciplinary action for an 272
employee's lapse in care or supervision of the clients at the 273
facility or the participants of the program in which a verified 274
finding of abuse, neglect, abandonment, or exploitation 275
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occurred. 276
(c) Remedial action taken by the licensee does not affect 277
the agency's ability to impose disciplinary action for the 278
underlying violation. 279
(3) The agency may deny an application for licensure 280
submitted under s. 393.067 if: 281
(a) The applicant has: 282
1. Falsely represented or omitted a material fact in its 283
license application submitted under s. 393.067; 284
2. Had prior action taken against it under the Medicaid or 285
Medicare program; 286
3. Failed to comply with the applicable requirements of 287
this chapter or rules applicable to the applicant; or 288
4. Previously had a license to operate a residential 289
facility or adult day training program revoked by the agency, 290
the Department of Children and Families, or the A gency for 291
Health Care Administration; or 292
(b) The Department of Children and Families has verified 293
that the applicant is responsible for the abuse, neglect, or 294
abandonment of a child or the abuse, neglect, or exploitation of 295
a vulnerable adult; or 296
(c) The agency has determined that there is clear and 297
convincing evidence that the applicant is unqualified for a 298
license because of a lack of good moral character. For purposes 299
of this paragraph, the term "good moral character" means a 300
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personal history of hone sty, fairness, and respect for the 301
rights of others and for the laws of this state and the Federal 302
Government. 303
(4)(3) All hearings must shall be held within the county 304
in which the licensee or applicant operates or applies for a 305
license to operate a faci lity or adult day training program as 306
defined herein. 307
(5)(4) The agency, as a part of any final order issued by 308
it under this chapter, may impose such fine as it deems proper, 309
except that such fine may not exceed $1,000 for each violation. 310
Each day a violation of this chapter occurs constitutes a 311
separate violation and is subject to a separate fine, but in no 312
event may the aggregate amount of any fine exceed $10,000. Fines 313
paid by any facility licensee under the provisions of this 314
subsection shall be depo sited in the Health Care Trust Fund and 315
expended as provided in s. 400.063. 316
(6)(5) The agency may issue an order immediately 317
suspending or revoking a license when it determines that any 318
condition of in the facility or adult day training program 319
presents a danger to the health, safety, or welfare of the 320
residents in the facility or the program participants . 321
(7)(6) The agency may impose an immediate moratorium on 322
admissions to any facility or service authorizations to a 323
facility or adult day training prog ram when the agency 324
determines that any condition of in the facility or adult day 325
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training program presents a threat to the health, safety, or 326
welfare of the residents in the facility or the program 327
participants. 328
(8)(7) The agency shall establish by rule criteria for 329
evaluating the severity of violations and for determining the 330
amount of fines imposed. 331
Section 5. Subsection (1) of section 393.0678, Florida 332
Statutes, is amended to read: 333
393.0678 Receivership proceedings. — 334
(1) The agency may petitio n a court of competent 335
jurisdiction for the appointment of a receiver for a 336
comprehensive transitional education program, a residential 337
habilitation center, or a group home facility owned and operated 338
by a corporation or partnership when any of the followi ng 339
conditions exist: 340
(a) Any person is operating a facility without a license 341
and refuses to make application for a license as required by s. 342
393.067. 343
(b) The licensee is closing the facility or has informed 344
the agency department that it intends to clo se the facility; and 345
adequate arrangements have not been made for relocation of the 346
residents within 7 days, exclusive of weekends and holidays, of 347
the closing of the facility. 348
(c) The agency determines that conditions exist in the 349
facility which present an imminent danger to the health, safety, 350
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or welfare of the residents of the facility or which present a 351
substantial probability that death or serious physical harm 352
would result therefrom. Whenever possible, the agency shall 353
facilitate the continued opera tion of the program. 354
(d) The licensee cannot meet its financial obligations to 355
provide food, shelter, care, and utilities. Evidence such as the 356
issuance of bad checks or the accumulation of delinquent bills 357
for such items as personnel salaries, food, dru gs, or utilities 358
constitutes prima facie evidence that the ownership of the 359
facility lacks the financial ability to operate the home in 360
accordance with the requirements of this chapter and all rules 361
adopted promulgated thereunder. 362
Section 6. Subsection (2) of section 393.135, Florida 363
Statutes, is amended to read: 364
393.135 Sexual misconduct prohibited; reporting required; 365
penalties.— 366
(2) A covered person who engages in sexual misconduct with 367
an individual with a developmental disability who: 368
(a) Resides in a residential facility, including any 369
comprehensive transitional education program, developmental 370
disabilities center, foster care facility, group home facility, 371
intermediate care facility for the developmentally disabled, or 372
residential habilitati on center; or 373
(b) Is eligible to receive services from the agency under 374
this chapter, 375
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376
commits a felony of the second degree, punishable as provided in 377
s. 775.082, s. 775.083, or s. 775.084. A covered person may be 378
found guilty of violating this subsecti on without having 379
committed the crime of sexual battery. 380
Section 7. Section 393.18, Florida Statutes, is repealed. 381
Section 8. Paragraph (c) of subsection (3) of section 382
394.875, Florida Statutes, is amended to read: 383
394.875 Crisis stabilization u nits, residential treatment 384
facilities, and residential treatment centers for children and 385
adolescents; authorized services; license required. — 386
(3) The following are exempt from licensure as required in 387
ss. 394.455-394.903: 388
(c) Comprehensive transition al education programs licensed 389
under s. 393.067. 390
Section 9. Paragraph (b) of subsection (1) of section 391
383.141, Florida Statutes, is amended to read: 392
383.141 Prenatally diagnosed conditions; patient to be 393
provided information; definitions; informatio n clearinghouse; 394
advisory council.— 395
(1) As used in this section, the term: 396
(b) "Developmental disability" includes Down syndrome and 397
other developmental disabilities defined by s. 393.063 s. 398
393.063(12). 399
Section 10. Subsection (1) of section 400.063, Florida 400
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Statutes, is amended to read: 401
400.063 Resident protection. — 402
(1) The Health Care Trust Fund shall be used for the 403
purpose of collecting and disbursing funds generated from the 404
license fees and admi nistrative fines as provided for in ss. 405
393.0673(5) ss. 393.0673(4), 400.062(3), 400.121(2), and 406
400.23(8). Such funds shall be for the sole purpose of paying 407
for the appropriate alternate placement, care, and treatment of 408
residents who are removed from a facility licensed under this 409
part or a facility specified in s. 393.0678(1) in which the 410
agency determines that existing conditions or practices 411
constitute an immediate danger to the health, safety, or 412
security of the residents. If the agency determines th at it is 413
in the best interest of the health, safety, or security of the 414
residents to provide for an orderly removal of the residents 415
from the facility, the agency may utilize such funds to maintain 416
and care for the residents in the facility pending removal and 417
alternative placement. The maintenance and care of the residents 418
shall be under the direction and control of a receiver appointed 419
pursuant to s. 393.0678(1) or s. 400.126(1). However, funds may 420
be expended in an emergency upon a filing of a petition f or a 421
receiver, upon the declaration of a state of local emergency 422
pursuant to s. 252.38(3)(a)5., or upon a duly authorized local 423
order of evacuation of a facility by emergency personnel to 424
protect the health and safety of the residents. 425
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Section 11. Paragraph (d) of subsection (2) of section 426
1002.394, Florida Statutes, is amended to read: 427
1002.394 The Family Empowerment Scholarship Program. — 428
(2) DEFINITIONS.—As used in this section, the term: 429
(d) "Disability" means, for a 3 - or 4-year-old child or 430
for a student in kindergarten to grade 12, autism spectrum 431
disorder, as defined in the Diagnostic and Statistical Manual of 432
Mental Disorders, Fifth Edition, published by the American 433
Psychiatric Association; cerebral palsy, as defined in s. 434
393.063; Down syndrome, as defined in s. 393.063; an 435
intellectual disability, as defined in s. 393.063; a speech 436
impairment; a language impairment; an orthopedic impairment; any 437
an other health impairment; an emotional or a behavioral 438
disability; a specific learning disa bility, including, but not 439
limited to, dyslexia, dyscalculia, or developmental aphasia; 440
Phelan-McDermid syndrome, as defined in s. 393.063; Prader -Willi 441
syndrome, as defined in s. 393.063; spina bifida, as defined in 442
s. 393.063; being a high -risk child, as defined in s. 443
393.063(22)(a) s. 393.063(23)(a); muscular dystrophy; Williams 444
syndrome; rare diseases which affect patient populations of 445
fewer than 200,000 individuals in the United States, as defined 446
by the National Organization for Rare Disorders; anaph ylaxis; a 447
hearing impairment, including deafness; a visual impairment, 448
including blindness; traumatic brain injury; hospital or 449
homebound; or identification as dual sensory impaired, as 450
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defined by rules of the State Board of Education and evidenced 451
by reports from local school districts. The term "hospital or 452
homebound" includes a student who has a medically diagnosed 453
physical or psychiatric condition or illness, as defined by the 454
state board in rule, and who is confined to the home or hospital 455
for more than 6 months. 456
Section 12. This act shall take effect October 1, 2024. 457