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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. 393.065, F.S.; requiring 4
the Agency for Persons with Disabilities to make 5
certain eligibility determinations within specified 6
time periods; providing eligibility requirements for 7
applicants; requiring the agency to authorize 8
admission into an intermediate care facility for 9
certain individuals; removing a provision requiring 10
the agency to perform specified assessments to 11
determine level of need and medical necessity for 12
intermediate care facilities; providing requirements 13
for the home and community -based services Medicaid 14
waiver program; amending s. 393.0655, F.S.; revising 15
background screening requirements for certain direct 16
service providers; amending s. 393.067, F.S.; 17
requiring the licensure of adult day training 18
programs; conforming related application and licensure 19
provisions to changes made by the act; providing for 20
comprehensive emergency management plans of adult day 21
training programs; providing for inspections of adult 22
day training programs; requiring adult day training 23
programs to adhere to specified rights; conforming 24
provisions to changes made by the act; amending s. 25
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393.0673, F.S.; revising provisions related to 26
disciplinary action against certain licensees to 27
include licensed adult day training programs; 28
providing that for purposes of disciplinary action for 29
certain violations, a licensee is ultimately 30
responsible for the care and supervision of clients in 31
its facility or participants of the program; providing 32
construction; revising grounds for denial of a 33
licensure application; defining the term "good moral 34
character"; authorizing the agency to immediately 35
suspend or revoke the license of adult day training 36
programs under certain circumstances; authorizing the 37
agency to impose an immediate moratorium on service 38
authorizations to licensed facilities and adult day 39
training programs under certain circumstances; 40
amending s. 393.0678, F.S.; conforming provisions to 41
changes made by the act; making a technical 42
correction; amending s. 393.135, F.S.; conforming 43
provisions to changes made by the act; repealing s. 44
393.18, F.S., relating to comprehensive transitional 45
education programs; amending s. 394.875, F.S.; 46
conforming a provision to changes made by the act; 47
amending ss. 383.141, 400.063, and 1002.394, F.S.; 48
conforming cross-references; providing an effective 49
date. 50
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51
Be It Enacted by the Legislature of the State of Florida: 52
53
Section 1. Subsections (1) and (10) of section 393 .063, 54
Florida Statutes, are amended, and subsection (25) is added to 55
that section, to read: 56
393.063 Definitions. —For the purposes of this chapter, the 57
term: 58
(1) "Adult day training" means a program of training 59
services which takes that take place in a nonresidential 60
setting, separate from the home or facility in which the client 61
resides, and is are intended to support the participation of 62
clients in daily, meaningful, and valued routines of the 63
community. These services include, but are not limited to, the 64
acquisition, retention, or improvement of self -help, 65
socialization, and adaptive skills Such training may be provided 66
in work-like settings that do not meet the definition of 67
supported employment . 68
(10) "Comprehensive transitional education program" m eans 69
the program established in s. 393.18. 70
(25) "Licensee" means an individual, a corporation, a 71
partnership, a firm, an association, a governmental entity, or 72
other entity that is issued a permit, registration, certificate, 73
or license by the agency. The licensee is legally responsible 74
for all aspects of the provider operation. 75
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Section 2. Subsections (6) through (11) of section 76
393.065, Florida Statutes, are renumbered as (7) through (12), 77
respectively, subsections (1) through (5) and paragraph (b) of 78
present subsection (10) are amended, and a new subsection (6) is 79
added to that section, to read: 80
393.065 Application and eligibility determination. — 81
(1) Application for services shall be made in writing to 82
the agency, in the region service area in which the applicant 83
resides. The agency shall review each application and make an 84
applicant for eligibility determination within 45 days after the 85
date the application is signed for children under 6 years of age 86
and within 60 days after receipt of the date the application is 87
signed application for all other applicants . If, at the time of 88
the application, an applicant is requesting enrollment in the 89
home and community-based services Medicaid waiver program for 90
individuals with developmental disabilities deemed to be in 91
crisis, as described in paragraph (5)(a), the agency shall 92
complete an eligibility determination within 45 days after 93
receipt of the signed application. 94
(a) If the agency determines additional documentation is 95
necessary to make an eligibility de termination, the agency may 96
request the additional documentation from the applicant. 97
(b) When necessary to definitively identify individual 98
conditions or needs, the agency shall provide a comprehensive 99
assessment. 100
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(c) If the agency requests additional documentation from 101
the applicant or provides a comprehensive assessment, the 102
agency's eligibility determination must be completed within 90 103
days after receipt of the signed application Only applicants 104
whose domicile is in Florida are eligible for services . 105
(2) In order to be eligible for services under this 106
chapter, the agency must determine that the applicant has met 107
all eligibility procedures and criteria found in rule, including 108
having a developmental disability and being domiciled in this 109
state. Information accumulated by other agencies, including 110
professional reports and collateral data, shall be considered in 111
this process when available. 112
(2) In order to provide immediate services or crisis 113
intervention to applicants, the agency shall arrange for 114
emergency eligibility determination, with a full eligibility 115
review to be accomplished within 45 days of the emergency 116
eligibility determination. 117
(3) The agency, or its designee, shall notify each 118
applicant, in writing, of its eligibility determination 119
decision. Any applicant or client determined by the agency to be 120
ineligible for services has the right to appeal this 121
determination decision pursuant to ss. 120.569 and 120.57. 122
(4) The agency must authorize admission into an 123
intermediate care facility for a developmentally disabled 124
individual. As a part of authorization, the agency, or its 125
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designee, shall conduct a comprehensive assessment that includes 126
medical necessity and level of reimbursement shall assess the 127
level of need and medical n ecessity for prospective residents of 128
intermediate care facilities for the developmentally disabled. 129
The agency may enter into an agreement with the Department of 130
Elderly Affairs for its Comprehensive Assessment and Review for 131
Long-Term-Care Services (CARES) program to conduct assessments 132
to determine the level of need and medical necessity for long -133
term-care services under this chapter. To the extent permissible 134
under federal law, the assessments shall be funded under Title 135
XIX of the Social Security Act . 136
(5) The agency shall assign any client that meets the 137
level of care requirements for an intermediate care facility for 138
individuals with intellectual disabilities under 42 C.F.R. ss. 139
435.217(b)(1) and 440.150 to a waiting list and provide priority 140
to clients waiting for waiver services in the following order: 141
(a) Category 1, which includes clients deemed to be in 142
crisis as described in rule, shall be given first priority in 143
moving from the waiting list to the waiver. 144
(b) Category 2, which includes indi viduals on the waiting 145
list who are: 146
1. From the child welfare system with an open case in the 147
Department of Children and Families' statewide automated child 148
welfare information system and who are either: 149
a. Transitioning out of the child welfare syste m at the 150
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finalization of an adoption, a reunification with family 151
members, a permanent placement with a relative, or a 152
guardianship with a nonrelative; or 153
b. At least 18 years but not yet 22 years of age and who 154
need both waiver services and extended fos ter care services; or 155
2. At least 18 years but not yet 22 years of age and who 156
withdrew consent pursuant to s. 39.6251(5)(c) to remain in the 157
extended foster care system. 158
159
For individuals who are at least 18 years but not yet 22 years 160
of age and who are eligible under sub-subparagraph 1.b., the 161
agency shall provide waiver services, including residential 162
habilitation, and the community -based care lead agency shall 163
fund room and board at the rate established in s. 409.145(3) and 164
provide case management and related services as defined in s. 165
409.986(3)(e). Individuals may receive both waiver services and 166
services under s. 39.6251. Services may not duplicate services 167
available through the Medicaid state plan. 168
(c) Category 3, which includes, but is not require d to be 169
limited to, clients: 170
1. Whose caregiver has a documented condition that is 171
expected to render the caregiver unable to provide care within 172
the next 12 months and for whom a caregiver is required but no 173
alternate caregiver is available; 174
2. At substantial risk of incarceration or court 175
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commitment without supports; 176
3. Whose documented behaviors or physical needs place them 177
or their caregiver at risk of serious harm and other supports 178
are not currently available to alleviate the situation; or 179
4. Who are identified as ready for discharge within the 180
next year from a state mental health hospital or skilled nursing 181
facility and who require a caregiver but for whom no caregiver 182
is available or whose caregiver is unable to provide the care 183
needed. 184
(d) Category 4, which includes, but is not required to be 185
limited to, clients whose caregivers are 70 years of age or 186
older and for whom a caregiver is required but no alternate 187
caregiver is available. 188
(e) Category 5, which includes, but is not required to be 189
limited to, clients who are expected to graduate within the next 190
12 months from secondary school and need support to obtain a 191
meaningful day activity, maintain competitive employment, or 192
pursue an accredited program of postsecondary education to which 193
they have been accepted. 194
(f) Category 6, which includes clients 21 years of age or 195
older who do not meet the criteria for category 1, category 2, 196
category 3, category 4, or category 5. 197
(g) Category 7, which includes clients younger than 21 198
years of age who do not meet the criteria for category 1, 199
category 2, category 3, or category 4. 200
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201
Within categories 3, 4, 5, 6, and 7, the agency shall maintain a 202
waiting list of clients placed in the order of the date that the 203
client is determined eligible for waiver services. 204
(6) Only a client may be eligible for the home and 205
community-based services Medicaid waiver program. To receive 206
services under the home and community -based services Medicaid 207
waiver program, there must be available funding pursuant to s. 208
393.0662, or through a legislative appropriation, and the client 209
must meet all of the following: 210
(a) The eligibility criteria in subsection (2), which must 211
be confirmed by the agency. 212
(b) Eligibility requirements for the Florida Medicaid 213
program under Title X IX of the Social Security Act, as amended, 214
or the Supplemental Security Income program. 215
(c) The level of care requirements for an intermediate 216
care facility for individuals with developmental disabilities 217
pursuant to 42 C.F.R. ss. 435.217(b)(1) and 440.1 50. 218
(d) The requirements provided in the approved federal 219
waiver authorized pursuant to s. 1915(c) of the Social Security 220
Act and 42 C.F.R. s. 441.302. 221
(11)(10) 222
(b) The agency must provide the information required in 223
paragraph (a) in writing to an applicant or his or her parent, 224
legal guardian, or family member along with a written disclosure 225
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statement in substantially the following form: 226
DISCLOSURE STATEMENT 227
Each program and service has its own eligibility requirements. 228
By providing the information specified in section 393.065(11)(a) 229
393.065(10)(a), Florida Statutes, the agency does not guarantee 230
an applicant's eligibility for or enrollment in any program or 231
service. 232
Section 3. Subsection (1) of section 393.0655, Florida 233
Statutes, is amended to read: 234
393.0655 Screening of direct service providers. — 235
(1) MINIMUM STANDARDS. —The agency shall require level 2 236
employment screening pursuant to chapter 435 for dire ct service 237
providers who are unrelated to their clients, including support 238
coordinators, and managers and supervisors of residential 239
facilities or adult day training comprehensive transitional 240
education programs licensed under this chapter and any other 241
person, including volunteers, who provide care or services, who 242
have access to a client's living areas, or who have access to a 243
client's funds or personal property. Background screening must 244
shall include employment history checks as provided in s. 245
435.03(1) and local criminal records checks through local law 246
enforcement agencies. 247
(a) A volunteer who assists on an intermittent basis for 248
less than 10 hours per month does not have to be screened if a 249
person who meets the screening requirement of this section is 250
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always present and has the volunteer within his or her line of 251
sight. 252
(b) Licensed physicians, nurses, or other professionals 253
licensed and regulated by the Department of Health are not 254
subject to background screening pursuant to this section if they 255
are providing a service that is within their scope of licensed 256
practice. 257
(c) A person selected by the family or the individual with 258
developmental disabilities and paid by the family or the 259
individual to provide supports or services is not required to 260
have a background screening under this section. 261
(d) Persons 12 years of age or older, including family 262
members, residing with a direct services provider who provides 263
services to clients in his or her own place of residence are 264
subject to background screening ; however, such persons who are 265
12 to 18 years of age shall be screened for delinquency records 266
only. 267
Section 4. Section 393.067, Florida Statutes, is amended 268
to read: 269
393.067 Facility licensure. — 270
(1) The agency shall provide through its licensing 271
authority and by rule license application procedures, provider 272
qualifications, facility and client care standards, requirements 273
for client records, requirements for staff qualifications and 274
training, and requirements for monitoring foster care 275
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facilities, group home facilities, residential habilitation 276
centers, and adult day training comprehensive transitional 277
education programs that serve agency clients. 278
(2) The agency shall conduct annual inspections and 279
reviews of facilities and adult day training programs licensed 280
under this section. 281
(3) An application for a license under this section must 282
be made to the agency on a form furnished by it and shall be 283
accompanied by the appropriate license fee. 284
(4) The application shall be under oath and shall contai n 285
the following: 286
(a) The name and address of the applicant, if an applicant 287
is an individual; if the applicant is a firm, partnership, or 288
association, the name and address of each member thereof; if the 289
applicant is a corporation, its name and address an d the name 290
and address of each director and each officer thereof; and the 291
name by which the facility or program is to be known. 292
(b) The location of the facility or adult day training 293
program for which a license is sought. 294
(c) The name of the person or persons under whose 295
management or supervision the facility or adult day training 296
program will be conducted. 297
(d) The number and type of residents or clients for which 298
maintenance, care, education, or treatment is to be provided by 299
the facility or adult day training program. 300
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(e) The number and location of the component centers or 301
units which will compose the comprehensive transitional 302
education program. 303
(f) A description of the types of services and treatment 304
to be provided by the facility or adult day training program. 305
(f)(g) Information relating to the number, experience, and 306
training of the employees of the facility or adult day training 307
program. 308
(g)(h) Certification that the staff of the facility or 309
adult day training program will receive training to detect, 310
report, and prevent sexual abuse, abuse, neglect, exploitation, 311
and abandonment, as defined in ss. 39.01 and 415.102, of 312
residents and clients. 313
(h)(i) Such other Information as the agency determines is 314
necessary to carry out the provisions of this chapter. 315
(5) As a prerequisite for issuance of an initial or 316
renewal license, the applicant, and any manager, supervisor, and 317
staff member of the direct service provider of a facility or 318
adult day training program licensed under this section, must 319
have submitted to background screening as required under s. 320
393.0655. A license may not be issued or renewed if the 321
applicant or any manager, supervisor, or staff member of the 322
direct service provider has a disqualifying offen se revealed by 323
failed background screenings as required under s. 393.0655. The 324
agency shall determine by rule the frequency of background 325
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screening. The applicant shall submit with each initial or 326
renewal application a signed affidavit under penalty of per jury 327
stating that the applicant and any manager, supervisor, or staff 328
member of the direct service provider is in compliance with all 329
requirements for background screening. 330
(6) A facility or program The applicant shall furnish 331
satisfactory proof of financial ability to operate and conduct 332
the facility or program in accordance with the requirements of 333
this chapter and adopted rules. 334
(7) The agency shall adopt rules establishing minimum 335
standards for facilities and adult day training programs 336
licensed under this section, including rules requiring 337
facilities and adult day training programs to train staff to 338
detect, report, and prevent sexual abuse, abuse, neglect, 339
exploitation, and abandonment, as defined in ss. 39.01 and 340
415.102, of residents and clients, minimum standards of quality 341
and adequacy of client care, incident reporting requirements, 342
and uniform firesafety standards established by the State Fire 343
Marshal which are appropriate to the size of the f acility or 344
adult day training of the component centers or units of the 345
program. 346
(8) The agency, after consultation with the Division of 347
Emergency Management, shall adopt rules for foster care 348
facilities, group home facilities, and residential habilitatio n 349
centers, and adult day training programs which establish minimum 350
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standards for the preparation and annual update of a 351
comprehensive emergency management plan. At a minimum, the rules 352
must provide for plan components that address emergency 353
evacuation transportation; adequate sheltering arrangements; 354
postdisaster activities, including emergency power, food, and 355
water; postdisaster transportation; supplies; staffing; 356
emergency equipment; individual identification of residents and 357
transfer of records; and res ponding to family inquiries. The 358
comprehensive emergency management plan for all facilities and 359
adult day training comprehensive transitional education programs 360
and for homes serving individuals who have a complex medical 361
condition conditions is subject to review and approval by the 362
local emergency management agency. During its review, the local 363
emergency management agency shall ensure that the agency and the 364
Division of Emergency Management, at a minimum, are given the 365
opportunity to review the plan. Also, appropriate volunteer 366
organizations must be given the opportunity to review the plan. 367
The local emergency management agency shall complete its review 368
within 60 days and either approve the plan or advise the 369
facility or program of necessary revisions. 370
(9) The agency may conduct unannounced inspections to 371
determine compliance by foster care facilities, group home 372
facilities, residential habilitation centers, and adult day 373
training comprehensive transitional education programs with the 374
applicable provisions of this chapter and the rules adopted 375
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pursuant hereto, including the rules adopted for training staff 376
of a facility or an adult day training a program to detect, 377
report, and prevent sexual abuse, abuse, neglect, exploitation, 378
and abandonment, as defined i n ss. 39.01 and 415.102, of 379
residents and clients. The facility or adult day training 380
program shall make copies of inspection reports available to the 381
public upon request. 382
(10) Each facility or program licensed under this section 383
shall forward annually t o the agency a true and accurate sworn 384
statement of its costs of providing care to clients funded by 385
the agency. 386
(11) The agency may audit the records of any facility or 387
program that it has reason to believe may not be in full 388
compliance with the provisions of this section; provided that, 389
any financial audit of such facility or program is shall be 390
limited to the records of clients funded by the agency. 391
(12) The agency shall establish, for the purpose of 392
control of licensure costs, a uniform management i nformation 393
system and a uniform reporting system with uniform definitions 394
and reporting categories. 395
(13) Facilities and adult day training programs licensed 396
under pursuant to this section shall adhere to all rights 397
specified in s. 393.13 , including those enumerated in s. 398
393.13(4). 399
(14) The agency may not authorize funds or services to an 400
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unlicensed facility or adult day training program that requires 401
a license under this section may not receive state funds . A 402
license for the operation of a facility or an adult day training 403
program may shall not be renewed if the licensee has any 404
outstanding fines assessed pursuant to this chapter wherein 405
final adjudication of such fines has been entered. 406
(15) The agency is not required to contract with 407
facilities or adult day training programs licensed under 408
pursuant to this chapter. 409
Section 5. Section 393.0673, Florida Statutes, is amended 410
to read: 411
393.0673 Denial, suspension, or revocation of license; 412
moratorium on admissions; administrative fines; procedures. — 413
(1) The following constitute grounds for which the agency 414
may take disciplinary action, including revoking or suspending 415
revoke or suspend a license and imposing or impose an 416
administrative fine, not to exceed $1,000 per violation per day , 417
if: 418
(a) The licensee has: 419
1. Falsely represented or omitted a material fact in its 420
license application submitted under s. 393.067; 421
2. Had prior action taken against it under the Medicaid or 422
Medicare program; or 423
3. Failed to comply with the applicable requiremen ts of 424
this chapter or rules applicable to the licensee; or 425
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(b) The Department of Children and Families has verified 426
that the licensee is responsible for the abuse, neglect, or 427
abandonment of a child or the abuse, neglect, or exploitation of 428
a vulnerable adult. 429
(2) For purposes of disciplinary action under this section 430
for verified findings of abuse, neglect, abandonment, or 431
exploitation of a child or vulnerable adult, the licensee is 432
responsible not only for administration of the facilities in 433
compliance with the standards set out by statute and 434
administrative rule, but is ultimately responsible for the care 435
and supervision of the clients in the facility or the 436
participants of the program. 437
(a) A licensee may not delegate to others the ultimate 438
responsibility for the safety of the clients in its care. 439
(b) A licensee is subject to disciplinary action for an 440
employee's lapse in care or supervision of the clients at the 441
facility or the participants of the program in which a verified 442
finding of abuse, negl ect, abandonment, or exploitation 443
occurred. 444
(c) Remedial action taken by the licensee does not affect 445
the agency's ability to impose disciplinary action for the 446
underlying violation. 447
(3) The agency may deny an application for licensure 448
submitted under s. 393.067 if: 449
(a) The applicant has: 450
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1. Falsely represented or omitted a material fact in its 451
license application submitted under s. 393.067; 452
2. Had prior action taken against it under the Medicaid or 453
Medicare program; 454
3. Failed to comply with the applicable requirements of 455
this chapter or rules applicable to the applicant; or 456
4. Previously had a license to operate a residential 457
facility or adult day training program revoked by the agency, 458
the Department of Children and Families, or the Agency fo r 459
Health Care Administration; or 460
(b) The Department of Children and Families has verified 461
that the applicant is responsible for the abuse, neglect, or 462
abandonment of a child or the abuse, neglect, or exploitation of 463
a vulnerable adult; or 464
(c) The agency has determined that there is clear and 465
convincing evidence that the applicant is unqualified for a 466
license because of a lack of good moral character. For purposes 467
of this paragraph, the term "good moral character" means a 468
personal history of honesty , fairness, and respect for the 469
rights of others and for the laws of this state and the Federal 470
Government. 471
(4)(3) All hearings must shall be held within the county 472
in which the licensee or applicant operates or applies for a 473
license to operate a facilit y or adult day training program as 474
defined herein. 475
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(5)(4) The agency, as a part of any final order issued by 476
it under this chapter, may impose such fine as it deems proper, 477
except that such fine may not exceed $1,000 for each violation. 478
Each day a violation of this chapter occurs constitutes a 479
separate violation and is subject to a separate fine, but in no 480
event may the aggregate amount of any fine exceed $10,000. Fines 481
paid by any facility licensee under the provisions of this 482
subsection shall be deposit ed in the Health Care Trust Fund and 483
expended as provided in s. 400.063. 484
(6)(5) The agency may issue an order immediately 485
suspending or revoking a license when it determines that any 486
condition of in the facility or adult day training program 487
presents a danger to the health, safety, or welfare of the 488
residents in the facility or the program participants . 489
(7)(6) The agency may impose an immediate moratorium on 490
admissions to any facility or service authorizations to a 491
facility or adult day training program when the agency 492
determines that any condition of in the facility or adult day 493
training program presents a threat to the health, safety, or 494
welfare of the residents in the facility or the program 495
participants. 496
(8)(7) The agency shall establish by rule cr iteria for 497
evaluating the severity of violations and for determining the 498
amount of fines imposed. 499
Section 6. Subsection (1) of section 393.0678, Florida 500
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Statutes, is amended to read: 501
393.0678 Receivership proceedings. — 502
(1) The agency may petition a court of competent 503
jurisdiction for the appointment of a receiver for a 504
comprehensive transitional education program, a residential 505
habilitation center, or a group home facility owned and operated 506
by a corporation or partnership when any of the following 507
conditions exist: 508
(a) Any person is operating a facility without a license 509
and refuses to make application for a license as required by s. 510
393.067. 511
(b) The licensee is closing the facility or has informed 512
the agency department that it intends to close the facility; and 513
adequate arrangements have not been made for relocation of the 514
residents within 7 days, exclusive of weekends and holidays, of 515
the closing of the facility. 516
(c) The agency determines that conditions exist in the 517
facility which present an imminent danger to the health, safety, 518
or welfare of the residents of the facility or which present a 519
substantial probability that death or serious physical harm 520
would result therefrom. Whenever possible, the agency shall 521
facilitate the continued operatio n of the program. 522
(d) The licensee cannot meet its financial obligations to 523
provide food, shelter, care, and utilities. Evidence such as the 524
issuance of bad checks or the accumulation of delinquent bills 525
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for such items as personnel salaries, food, drugs, or utilities 526
constitutes prima facie evidence that the ownership of the 527
facility lacks the financial ability to operate the home in 528
accordance with the requirements of this chapter and all rules 529
adopted promulgated thereunder. 530
Section 7. Subsection (2 ) of section 393.135, Florida 531
Statutes, is amended to read: 532
393.135 Sexual misconduct prohibited; reporting required; 533
penalties.— 534
(2) A covered person who engages in sexual misconduct with 535
an individual with a developmental disability who: 536
(a) Resides in a residential facility, including any 537
comprehensive transitional education program, developmental 538
disabilities center, foster care facility, group home facility, 539
intermediate care facility for the developmentally disabled, or 540
residential habilitation center; or 541
(b) Is eligible to receive services from the agency under 542
this chapter, 543
544
commits a felony of the second degree, punishable as provided in 545
s. 775.082, s. 775.083, or s. 775.084. A covered person may be 546
found guilty of violating this subsection without having 547
committed the crime of sexual battery. 548
Section 8. Section 393.18, Florida Statutes, is repealed. 549
Section 9. Paragraph (c) of subsection (3) of section 550
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394.875, Florida Statutes, is amended to read: 551
394.875 Crisis stabilization units, residential treatment 552
facilities, and residential treatment centers for children and 553
adolescents; authorized services; license required. — 554
(3) The following are exempt from licensure as required in 555
ss. 394.455-394.903: 556
(c) Comprehensive transitional education programs licensed 557
under s. 393.067. 558
Section 10. Paragraph (b) of subsectio n (1) of section 559
383.141, Florida Statutes, is amended to read: 560
383.141 Prenatally diagnosed conditions; patient to be 561
provided information; definitions; information clearinghouse; 562
advisory council.— 563
(1) As used in this section, the term: 564
(b) "Developmental disability" includes Down syndrome and 565
other developmental disabilities defined by s. 393.063 s. 566
393.063(12). 567
Section 11. Subsection (1) of section 400.063, Florida 568
Statutes, is amended to read: 569
400.063 Resident protection. — 570
(1) The Health Care Trust Fund shall be used for the 571
purpose of collecting and disbursing funds generated from the 572
license fees and administrative fines as provided for in ss. 573
393.0673(5) ss. 393.0673(4), 400.062(3), 400.121(2), and 574
400.23(8). Such funds shall be for the sole purpose of paying 575
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for the appropriate alternate placement, care, and treatment of 576
residents who are removed from a facility licensed under this 577
part or a facility specified in s. 393.0678(1) in which the 578
agency determines that existin g conditions or practices 579
constitute an immediate danger to the health, safety, or 580
security of the residents. If the agency determines that it is 581
in the best interest of the health, safety, or security of the 582
residents to provide for an orderly removal of the residents 583
from the facility, the agency may utilize such funds to maintain 584
and care for the residents in the facility pending removal and 585
alternative placement. The maintenance and care of the residents 586
shall be under the direction and control of a rec eiver appointed 587
pursuant to s. 393.0678(1) or s. 400.126(1). However, funds may 588
be expended in an emergency upon a filing of a petition for a 589
receiver, upon the declaration of a state of local emergency 590
pursuant to s. 252.38(3)(a)5., or upon a duly authori zed local 591
order of evacuation of a facility by emergency personnel to 592
protect the health and safety of the residents. 593
Section 12. Paragraph (d) of subsection (2) of section 594
1002.394, Florida Statutes, is amended to read: 595
1002.394 The Family Empowerme nt Scholarship Program. — 596
(2) DEFINITIONS.—As used in this section, the term: 597
(d) "Disability" means, for a 3 - or 4-year-old child or 598
for a student in kindergarten to grade 12, autism spectrum 599
disorder, as defined in the Diagnostic and Statistical Manua l of 600
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Mental Disorders, Fifth Edition, published by the American 601
Psychiatric Association; cerebral palsy, as defined in s. 602
393.063; Down syndrome, as defined in s. 393.063; an 603
intellectual disability, as defined in s. 393.063; a speech 604
impairment; a languag e impairment; an orthopedic impairment; any 605
an other health impairment; an emotional or a behavioral 606
disability; a specific learning disability, including, but not 607
limited to, dyslexia, dyscalculia, or developmental aphasia; 608
Phelan-McDermid syndrome, as de fined in s. 393.063; Prader -Willi 609
syndrome, as defined in s. 393.063; spina bifida, as defined in 610
s. 393.063; being a high -risk child, as defined in s. 611
393.063(22)(a) s. 393.063(23)(a); muscular dystrophy; Williams 612
syndrome; rare diseases which affect pati ent populations of 613
fewer than 200,000 individuals in the United States, as defined 614
by the National Organization for Rare Disorders; anaphylaxis; a 615
hearing impairment, including deafness; a visual impairment, 616
including blindness; traumatic brain injury; hos pital or 617
homebound; or identification as dual sensory impaired, as 618
defined by rules of the State Board of Education and evidenced 619
by reports from local school districts. The term "hospital or 620
homebound" includes a student who has a medically diagnosed 621
physical or psychiatric condition or illness, as defined by the 622
state board in rule, and who is confined to the home or hospital 623
for more than 6 months. 624
Section 13. This act shall take effect October 1, 2024. 625