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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; creating a workgroup to provide a 3
continuum of guidance and information for individuals 4
with developmental disabilities and their families; 5
specifying workgroup participants and duties; 6
requiring the workgroup to submit certain reports to 7
the Governor and Legislature by specified dates; 8
amending s. 393.063, F.S.; revising and defining 9
terms; amending s. 393.065, F.S.; requiring the Agency 10
for Persons with Disabilities to make certain 11
eligibility determinations within specified 12
timeframes; providing eligibility requirements for 13
applicants; requiring the agency to authorize 14
admission to an intermediate care facility for certain 15
individuals; removing a provision requiring the agency 16
to perform specified assessments to determine level of 17
need and medical necessity for intermediate care 18
facilities; providing requirements for the 19
developmental disabilities home and community-based 20
services Medicaid waiver program; amending s. 21
393.0651, F.S.; revising the timeframe within which a 22
family or an individual support plan must be 23
developed; amending s. 393.0655, F.S.; revising 24
background screening requirements for certain direct 25
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service providers; amending s. 393.067, F.S.; 26
requiring the licensure of adult day tr aining 27
programs; conforming related application and licensure 28
provisions to changes made by the act; providing for 29
comprehensive emergency management plans of adult day 30
training programs; providing for inspections of adult 31
day training programs; requiring adult day training 32
programs to adhere to specified rights; prohibiting 33
the agency, beginning on a specified date, from 34
authorizing funds or services to an unlicensed adult 35
day training program; conforming provisions to changes 36
made by the act; amending s. 393.0673, F.S.; revising 37
provisions related to disciplinary action against 38
certain licensees to include licensed adult day 39
training programs; providing that for purposes of 40
disciplinary action for certain violations, a licensee 41
is ultimately responsible fo r the care and supervision 42
of clients in its facility or participants of the 43
program; providing construction; revising grounds for 44
denial of a licensure application; defining the term 45
"good moral character"; authorizing the agency to 46
immediately suspend or revoke the license of adult day 47
training programs under certain circumstances; 48
authorizing the agency to impose an immediate 49
moratorium on service authorizations to licensed 50
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facilities and adult day training programs under 51
certain circumstances; amending s. 393.0678, F.S.; 52
conforming provisions to changes made by the act; 53
making a technical revision; amending s. 393.135, 54
F.S.; conforming provisions to changes made by the 55
act; repealing s. 393.18, F.S., relating to 56
comprehensive transitional education progr ams; 57
amending s. 394.875, F.S.; conforming a provision to 58
changes made by the act; amending ss. 383.141, 59
400.063, and 1002.394, F.S.; conforming cross -60
references; providing an effective date. 61
62
Be It Enacted by the Legislature of the State of Florida: 63
64
Section 1. (1) The Agency for Persons with Disabilities 65
shall convene an interagency workgroup to create a continuum of 66
guidance and information for individuals with developmental 67
disabilities and their families including guidance and 68
information across the lifespan of such individuals related to 69
education, workforce, daily living skills, and supportive 70
services for greater independence. 71
(2) The workgroup shall include as participants, at a 72
minimum, the Department of Children and Families, the Early 73
Steps Program of the Department of Health, the Division of 74
Vocational Rehabilitation of the Department of Education, at 75
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least three representatives from school district transition 76
programs, Project 10, the Agency for Health Care Administration, 77
the Department of Economic Opportunity's Unique Employer 78
program, and the Florida Center for Students with Unique 79
Abilities. 80
(3) The workgroup shall gather input from stakeholders and 81
Florida families to identify gaps in information and 82
communication across the lif espan of individuals with 83
developmental disabilities and their families, determine why 84
these gaps occur, and recommend ways to ensure that information 85
on the availability of resources and supports across the state 86
is more accessible, including, but not lim ited to, improving 87
agency websites. 88
(4) The workgroup shall submit an interim report by 89
November 1, 2023, and a final report by September 1, 2024, 90
including its findings and recommendations, to the Governor, the 91
President of the Senate, and the Speaker o f the House of 92
Representatives. 93
Section 2. Subsections (11) through (25) of section 94
393.063, Florida Statutes, are renumbered as subsections (10) 95
through (24), respectively, subsection (1) and present 96
subsection (10) are amended, and a new subsection ( 25) is added 97
to that section, to read: 98
393.063 Definitions. —For the purposes of this chapter, the 99
term: 100
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(1) "Adult day training" means a program of training 101
services which takes that take place in a nonresidential 102
setting, separate from the home or fac ility in which the client 103
resides, and is are intended to support the participation of 104
clients in daily, meaningful, and valued routines of the 105
community. These services include, but are not limited to, the 106
acquisition, retention, or improvement of self -help, 107
socialization, and adaptive skills Such training may be provided 108
in work-like settings that do not meet the definition of 109
supported employment . 110
(10) "Comprehensive transitional education program" means 111
the program established in s. 393.18. 112
(25) "Licensee" means an individual, a corporation, a 113
partnership, a firm, an association, a governmental entity, or 114
other entity that is issued a permit, registration, certificate, 115
or license by the agency. The licensee is legally responsible 116
for all aspects of t he provider operation. 117
Section 3. Section 393.065, Florida Statutes, is amended 118
to read: 119
393.065 Application and eligibility determination. — 120
(1) Application for services shall be made in writing to 121
the agency, in the region service area in which the applicant 122
resides. The agency shall review each application and make an 123
applicant for eligibility determination within 45 days after the 124
date the application is signed for children under 6 years of age 125
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and within 60 days after receipt of the date the application is 126
signed application for all other applicants . If, at the time of 127
the application, an applicant is requesting enrollment in the 128
home and community-based services Medicaid waiver program for 129
individuals with developmental disabilities deemed to be in 130
crisis, as described in paragraph (5)(a), the agency shall 131
complete an eligibility determination within 45 days after 132
receipt of the signed application. 133
(a) If the agency determines additional documentation is 134
necessary to make an eligibi lity determination, the agency may 135
request the additional documentation from the applicant. 136
(b) When necessary to definitively identify individual 137
conditions or needs, the agency or its designee must shall 138
provide a comprehensive assessment. 139
(c) If the agency requests additional documentation from 140
the applicant or provides or arranges for a comprehensive 141
assessment, the agency's eligibility determination must be 142
completed within 90 days after receipt of the signed application 143
Only applicants whose domic ile is in Florida are eligible for 144
services. 145
(2) In order to be eligible for services under this 146
chapter, the agency must determine that the applicant has met 147
all eligibility requirements in rule, including having a 148
developmental disability and being dom iciled in this state. 149
Information accumulated by other agencies, including 150
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professional reports and collateral data, shall be considered in 151
this process when available. 152
(2) In order to provide immediate services or crisis 153
intervention to applicants, the agency shall arrange for 154
emergency eligibility determination, with a full eligibility 155
review to be accomplished within 45 days of the emergency 156
eligibility determination. 157
(3) The agency or its designee shall notify each 158
applicant, in writing, of its elig ibility determination 159
decision. Any applicant or client determined by the agency to be 160
ineligible for services has the right to appeal this 161
determination decision pursuant to ss. 120.569 and 120.57. 162
(4) Before admission to an intermediate care facility f or 163
individuals with intellectual disabilities and to ensure that 164
the setting is the least restrictive to meet the individual's 165
needs, the agency must authorize admission pursuant to this 166
subsection. As part of the authorization, the agency or its 167
designee must conduct a comprehensive assessment that includes 168
medical necessity, level of care, and level of reimbursement 169
shall assess the level of need and medical necessity for 170
prospective residents of intermediate care facilities for the 171
developmentally disabl ed. The agency may enter into an agreement 172
with the Department of Elderly Affairs for its Comprehensive 173
Assessment and Review for Long -Term-Care Services (CARES) 174
program to conduct assessments to determine the level of need 175
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and medical necessity for long -term-care services under this 176
chapter. To the extent permissible under federal law, the 177
assessments shall be funded under Title XIX of the Social 178
Security Act. 179
(5) Except as provided in subsection (7), if a client 180
seeking enrollment in the developmental d isabilities home and 181
community-based services Medicaid waiver program meets the level 182
of care requirement for an intermediate care facility for 183
individuals with intellectual disabilities pursuant to 42 C.F.R. 184
ss. 435.217(b)(1) and 440.150, the agency must shall assign the 185
client to an appropriate enrollment category pursuant to this 186
subsection and must provide priority to clients waiting for 187
waiver services in the following order: 188
(a) Category 1, which includes clients deemed to be in 189
crisis as described in rule, must shall be given first priority 190
in moving from the preenrollment categories waiting list to the 191
waiver. 192
(b) Category 2, which includes clients in the 193
preenrollment categories individuals on the waiting list who 194
are: 195
1. From the child welfar e system with an open case in the 196
Department of Children and Families' statewide automated child 197
welfare information system and who are either: 198
a. Transitioning out of the child welfare system into 199
permanency at the finalization of an adoption, a reunifi cation 200
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with family members, a permanent placement with a relative, or a 201
guardianship with a nonrelative ; or 202
b. At least 18 years but not yet 22 years of age and who 203
need both waiver services and extended foster care services; or 204
2. At least 18 years bu t not yet 22 years of age and who 205
withdrew consent pursuant to s. 39.6251(5)(c) to remain in the 206
extended foster care system. 207
208
For individuals who are at least 18 years but not yet 22 years 209
of age and who are eligible under sub -subparagraph 1.b., the 210
agency must shall provide waiver services, including residential 211
habilitation, and the community -based care lead agency must 212
shall fund room and board at the rate established in s. 213
409.145(3) and provide case management and related services as 214
defined in s. 409.986(3)(e). Individuals may receive both waiver 215
services and services under s. 39.6251. Services may not 216
duplicate services available through the Medicaid state plan. 217
(c) Category 3, which includes, but is not required to be 218
limited to, clients: 219
1. Whose caregiver has a documented condition that is 220
expected to render the caregiver unable to provide care within 221
the next 12 months and for whom a caregiver is required but no 222
alternate caregiver is available; 223
2. At substantial risk of incarceration or cou rt 224
commitment without supports; 225
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3. Whose documented behaviors or physical needs place them 226
or their caregiver at risk of serious harm and other supports 227
are not currently available to alleviate the situation; or 228
4. Who are identified as ready for disch arge within the 229
next year from a state mental health hospital or skilled nursing 230
facility and who require a caregiver but for whom no caregiver 231
is available or whose caregiver is unable to provide the care 232
needed. 233
(d) Category 4, which includes, but is n ot required to be 234
limited to, clients whose caregivers are 70 years of age or 235
older and for whom a caregiver is required but no alternate 236
caregiver is available. 237
(e) Category 5, which includes, but is not required to be 238
limited to, clients who are expect ed to graduate within the next 239
12 months from secondary school and need support to obtain a 240
meaningful day activity, maintain competitive employment, or 241
pursue an accredited program of postsecondary education to which 242
they have been accepted. 243
(f) Category 6, which includes clients 21 years of age or 244
older who do not meet the criteria for category 1, category 2, 245
category 3, category 4, or category 5. 246
(g) Category 7, which includes clients younger than 21 247
years of age who do not meet the criteria for cate gory 1, 248
category 2, category 3, or category 4. 249
250
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Within categories 3, 4, 5, 6, and 7, the agency shall maintain a 251
waiting list of clients placed in the order of the date that the 252
client is determined eligible for waiver services. 253
(6) The agency must shall allow an individual who meets 254
the eligibility requirements of subsection (2) subsection (1) to 255
receive home and community -based services in this state if the 256
individual's parent or legal guardian is an active -duty military 257
servicemember and if, at the tim e of the servicemember's 258
transfer to this state, the individual was receiving home and 259
community-based services in another state. 260
(7) The agency must shall allow an individual with a 261
diagnosis of Phelan-McDermid syndrome who meets the eligibility 262
requirements of subsection (2) subsection (1) to receive home 263
and community-based services. 264
(8) Only a client may be eligible for services under the 265
developmental disabilities home and community -based services 266
Medicaid waiver program. For a client to receive se rvices under 267
the developmental disabilities home and community -based services 268
Medicaid waiver program, there must be available funding 269
pursuant to s. 393.0662 or through a legislative appropriation 270
and the client must meet all of the following: 271
(a) The eligibility requirements of subsection (2), which 272
must be confirmed by the agency. 273
(b) The eligibility requirements for the Florida Medicaid 274
program under Title XIX of the Social Security Act, as amended, 275
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or the Supplemental Security Income program. 276
(c) The level of care requirements for an intermediate 277
care facility for individuals with developmental disabilities 278
pursuant to 42 C.F.R. ss. 435.217(b)(1) and 440.150. 279
(d) The requirements provided in the approved federal 280
waiver authorized pursuant to s. 1915(c) of the Social Security 281
Act and 42 C.F.R. s. 441.302. 282
(9)(8) Agency action that selects individuals to receive 283
waiver services pursuant to this section does not establish a 284
right to a hearing or an administrative proceeding under chapter 285
120 for individuals remaining in the preenrollment categories on 286
the waiting list. 287
(10)(9) The client, the client's guardian, or the client's 288
family must ensure that accurate, up -to-date contact information 289
is provided to the agency at all times. Notwithstanding s. 290
393.0651, the agency must shall send an annual letter requesting 291
updated information from the client, the client's guardian, or 292
the client's family. The agency must shall remove from the 293
preenrollment categories waiting list any individual who cannot 294
be located using the contact information provided to the agency, 295
fails to meet eligibility requirements, or becomes domiciled 296
outside the state. 297
(11)(a)(10)(a) The agency must shall provide the following 298
information to all applicants or their parents, leg al guardians, 299
or family members: 300
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1. A brief overview of the vocational rehabilitation 301
services offered through the Division of Vocational 302
Rehabilitation of the Department of Education, including a 303
hyperlink or website address that provides access to the 304
application for such services; 305
2. A brief overview of the Florida ABLE program as 306
established under s. 1009.986, including a hyperlink or website 307
address that provides access to the application for establishing 308
an ABLE account as defined in s. 1009.986(2 ); 309
3. A brief overview of the supplemental security income 310
benefits and social security disability income benefits 311
available under Title XVI of the Social Security Act, as 312
amended, including a hyperlink or website address that provides 313
access to the application for such benefits; 314
4. A statement indicating that the applicant's local 315
public school district may provide specialized instructional 316
services, including transition programs, for students with 317
special education needs; 318
5. A brief overview of prog rams and services funded 319
through the Florida Center for Students with Unique Abilities, 320
including contact information for each state -approved Florida 321
Postsecondary Comprehensive Transition Program; 322
6. A brief overview of decisionmaking options for 323
individuals with disabilities, guardianship under chapter 744, 324
and alternatives to guardianship as defined in s. 744.334(1), 325
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which may include contact information for organizations that the 326
agency believes would be helpful in assisting with such 327
decisions; 328
7. A brief overview of the referral tools made available 329
through the agency, including a hyperlink or website address 330
that provides access to such tools; and 331
8. A statement indicating that some waiver providers may 332
serve private-pay individuals. 333
(b) The agency must provide the information required in 334
paragraph (a) in writing to an applicant or his or her parent, 335
legal guardian, or family member along with a written disclosure 336
statement in substantially the following form: 337
DISCLOSURE STATEMENT 338
Each program and service has its own eligibility requirements. 339
By providing the information specified in section 393.065(11)(a) 340
393.065(10)(a), Florida Statutes, the agency does not guarantee 341
an applicant's eligibility for or enrollment in any program or 342
service. 343
(c) The agency must shall also publish the information 344
required in paragraph (a) and the disclosure statement in 345
paragraph (b) on its website, and must shall provide that 346
information and statement annually to each client applicant 347
placed in the preenrollment categories on the waiting list or to 348
the parent, legal guardian, or family member of such client 349
applicant. 350
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(12)(11) The agency and the Agency for Health Care 351
Administration may adopt rules specifying application 352
procedures, criteria associated with the preenrollment waiting 353
list categories, procedures for administering the preenrollment 354
waiting list, including tools for prioritizing waiver enrollment 355
within preenrollment categories, and eligibility requirements 356
criteria as needed to administer this secti on. 357
Section 4. Section 393.0651, Florida Statutes, is amended 358
to read: 359
393.0651 Family or individual support plan. —The agency 360
shall provide directly or contract for the development of a 361
family support plan for children ages 3 to 18 years of age and 362
an individual support plan for each client. The client, if 363
competent, the client's parent or guardian, or, when 364
appropriate, the client advocate, shall be consulted in the 365
development of the plan and shall receive a copy of the plan. 366
Each plan must include the most appropriate, least restrictive, 367
and most cost-beneficial environmen t for accomplishment of the 368
objectives for client progress and a specification of all 369
services authorized. The plan must include provisions for the 370
most appropriate level of care for the client. Within the 371
specification of needs and services for each clien t, when 372
residential care is necessary, the agency shall move toward 373
placement of clients in residential facilities based within the 374
client's community. The ultimate goal of each plan, whenever 375
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possible, shall be to enable the client to live a dignified lif e 376
in the least restrictive setting, be that in the home or in the 377
community. For children under 6 years of age, The family or 378
individual support plan must shall be developed within 60 days 379
after the agency determines the client eligible pursuant to s. 380
393.065(3) the 45-day application period as specified in s. 381
393.065(1); for all applicants 6 years of age or older, the 382
family or individual support plan shall be developed within the 383
60-day period as specified in that subsection . 384
(1) The agency shall develo p and specify by rule the core 385
components of support plans. 386
(2) The family or individual support plan shall be 387
integrated with the individual education plan (IEP) for all 388
clients who are public school students entitled to a free 389
appropriate public educat ion under the Individuals with 390
Disabilities Education Act, I.D.E.A., as amended. The family or 391
individual support plan and IEP must shall be implemented to 392
maximize the attainment of educational and habilitation goals. 393
(a) If the IEP for a student enrolled in a public school 394
program indicates placement in a public or private residential 395
program is necessary to provide special education and related 396
services to a client, the local education agency must shall 397
provide for the costs of that service in accordance with the 398
requirements of the Individuals with Disabilities Education Act, 399
I.D.E.A., as amended. This does shall not preclude local 400
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education agencies and the agency from sharing the residential 401
service costs of studen ts who are clients and require 402
residential placement. 403
(b) For clients who are entering or exiting the school 404
system, an interdepartmental staffing team composed of 405
representatives of the agency and the local school system shall 406
develop a written transiti onal living and training plan with the 407
participation of the client or with the parent or guardian of 408
the client, or the client advocate, as appropriate. 409
(3) Each family or individual support plan shall be 410
facilitated through case management designed sole ly to advance 411
the individual needs of the client. 412
(4) In the development of the family or individual support 413
plan, a client advocate may be appointed by the support planning 414
team for a client who is a minor or for a client who is not 415
capable of express a nd informed consent when: 416
(a) The parent or guardian cannot be identified; 417
(b) The whereabouts of the parent or guardian cannot be 418
discovered; or 419
(c) The state is the only legal representative of the 420
client. 421
422
Such appointment may shall not be construed to extend the powers 423
of the client advocate to include any of those powers delegated 424
by law to a legal guardian. 425
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(5) The agency shall place a client in the most 426
appropriate and least restrictive, and cost -beneficial, 427
residential facility according to his or her individual support 428
plan. The client, if competent, the client's parent or guardian, 429
or, when appropriate, the client advocate, and the administrator 430
of the facility to which placement is proposed shall be 431
consulted in determining the appropriate placement for the 432
client. Considerations for placement shall be made in the 433
following order: 434
(a) Client's own home or the home of a family member or 435
direct service provider. 436
(b) Foster care facility. 437
(c) Group home facility. 438
(d) Intermediate care facility for the developmentally 439
disabled. 440
(e) Other facilities licensed by the agency which offer 441
special programs for people with developmental disabilities. 442
(f) Developmental disabilities center. 443
(6) In developing a client's annual family or indiv idual 444
support plan, the individual or family with the assistance of 445
the support planning team shall identify measurable objectives 446
for client progress and shall specify a time period expected for 447
achievement of each objective. 448
(7) The individual, family, and support coordinator shall 449
review progress in achieving the objectives specified in each 450
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client's family or individual support plan, and shall revise the 451
plan annually, following consultation with the client, if 452
competent, or with the parent or guardia n of the client, or, 453
when appropriate, the client advocate. The agency or designated 454
contractor shall annually report in writing to the client, if 455
competent, or to the parent or guardian of the client, or to the 456
client advocate, when appropriate, with resp ect to the client's 457
habilitative and medical progress. 458
(8) Any client, or any parent of a minor client, or 459
guardian, authorized guardian advocate, or client advocate for a 460
client, who is substantially affected by the client's initial 461
family or individual support plan, or the annual review thereof, 462
shall have the right to file a notice to challenge the decision 463
pursuant to ss. 120.569 and 120.57. Notice of such right to 464
appeal shall be included in all support plans provided by the 465
agency. 466
Section 5. Subsection (1) of section 393.0655, Florida 467
Statutes, is amended to read: 468
393.0655 Screening of direct service providers. — 469
(1) MINIMUM STANDARDS. —The agency shall require level 2 470
employment screening pursuant to chapter 435 for direct service 471
providers who are unrelated to their clients, including support 472
coordinators, and managers and supervisors of residential 473
facilities or adult day training comprehensive transitional 474
education programs licensed under this chapter and any other 475
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person, including volunt eers, who provide care or services, who 476
have access to a client's living areas, or who have access to a 477
client's funds or personal property. Background screening must 478
shall include employment history checks as provided in s. 479
435.03(1) and local criminal re cords checks through local law 480
enforcement agencies. 481
(a) A volunteer who assists on an intermittent basis for 482
less than 10 hours per month does not have to be screened if a 483
person who meets the screening requirement of this section is 484
always present and has the volunteer within his or her line of 485
sight. 486
(b) Licensed physicians, nurses, or other professionals 487
licensed and regulated by the Department of Health are not 488
subject to background screening pursuant to this section if they 489
are providing a service that is within their scope of licensed 490
practice. 491
(c) A person selected by the family or the individual with 492
developmental disabilities and paid by the family or the 493
individual to provide supports or services is not required to 494
have a background screenin g under this section. 495
(d) Persons 12 years of age or older, including family 496
members, residing with a direct services provider who provides 497
services to clients in his or her own place of residence are 498
subject to background screening; however, such person s who are 499
12 to 18 years of age shall be screened for delinquency records 500
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only. 501
Section 6. Section 393.067, Florida Statutes, is amended 502
to read: 503
393.067 Facility licensure. — 504
(1) The agency shall provide through its licensing 505
authority and by rule license application procedures, provider 506
qualifications, facility and client care standards, requirements 507
for client records, requirements for staff qualifications and 508
training, and requirements for monitoring foster care 509
facilities, group home facilities, residential habilitation 510
centers, and adult day training comprehensive transitional 511
education programs that serve agency clients. 512
(2) The agency shall conduct annual inspections and 513
reviews of facilities and adult day training programs licensed 514
under this section. 515
(3) An application for a license under this section must 516
be made to the agency on a form furnished by it and shall be 517
accompanied by the appropriate license fee. 518
(4) The application shall be under oath and shall c ontain 519
the following: 520
(a) The name and address of the applicant, if an applicant 521
is an individual; if the applicant is a firm, partnership, or 522
association, the name and address of each member thereof; if the 523
applicant is a corporation, its name and addre ss and the name 524
and address of each director and each officer thereof; and the 525
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name by which the facility or program is to be known. 526
(b) The location of the facility or adult day training 527
program for which a license is sought. 528
(c) The name of the perso n or persons under whose 529
management or supervision the facility or adult day training 530
program will be conducted. 531
(d) The number and type of residents or clients for which 532
maintenance, care, education, or treatment is to be provided by 533
the facility or adult day training program. 534
(e) The number and location of the component centers or 535
units which will compose the comprehensive transitional 536
education program. 537
(f) A description of the types of services and treatment 538
to be provided by the facility or adult day training program. 539
(f)(g) Information relating to the number, experience, and 540
training of the employees of the facility or adult day training 541
program. 542
(g)(h) Certification that the staff of the facility or 543
adult day training program will receive tr aining to detect, 544
report, and prevent sexual abuse, abuse, neglect, exploitation, 545
and abandonment, as defined in ss. 39.01 and 415.102, of 546
residents and clients. 547
(h)(i) Such other Information as the agency determines is 548
necessary to carry out the provisi ons of this chapter. 549
(5) As a prerequisite for issuance of an initial or 550
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renewal license, the applicant, and any manager, supervisor, and 551
staff member of the direct service provider of a facility or 552
adult day training program licensed under this section, must 553
have submitted to background screening as required under s. 554
393.0655. A license may not be issued or renewed if the 555
applicant or any manager, supervisor, or staff member of the 556
direct service provider has a disqualifying offense revealed by 557
failed background screenings as required under s. 393.0655. The 558
agency shall determine by rule the frequency of background 559
screening. The applicant shall submit with each initial or 560
renewal application a signed affidavit under penalty of perjury 561
stating that the applicant and any manager, supervisor, or staff 562
member of the direct service provider is in compliance with all 563
requirements for background screening. 564
(6) A facility or program The applicant shall furnish 565
satisfactory proof of financial ability to operate and conduct 566
the facility or program in accordance with the requirements of 567
this chapter and adopted rules. 568
(7) The agency shall adopt rules establishing minimum 569
standards for facilities and adult day training programs 570
licensed under this section, including rules requiring 571
facilities and adult day training programs to train staff to 572
detect, report, and prevent sexual abuse, abuse, neglect, 573
exploitation, and abandonment, as defined in ss. 39.01 and 574
415.102, of residents and clients, minimum standards of quality 575
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and adequacy of client care, incident reporting requirements, 576
and uniform firesafety standards established by the State Fire 577
Marshal which are appropriate to the size of the facility or 578
adult day training of the component centers or units of the 579
program. 580
(8) The agency, after consultation with the Division of 581
Emergency Management, shall adopt rules for foster care 582
facilities, group home facilities, and residential habilitation 583
centers, and adult day train ing programs which establish minimum 584
standards for the preparation and annual update of a 585
comprehensive emergency management plan. At a minimum, the rules 586
must provide for plan components that address emergency 587
evacuation transportation; adequate shelterin g arrangements; 588
postdisaster activities, including emergency power, food, and 589
water; postdisaster transportation; supplies; staffing; 590
emergency equipment; individual identification of residents and 591
transfer of records; and responding to family inquiries. T he 592
comprehensive emergency management plan for all facilities and 593
adult day training comprehensive transitional education programs 594
and for homes serving individuals who have a complex medical 595
condition conditions is subject to review and approval by the 596
local emergency management agency. During its review, the local 597
emergency management agency shall ensure that the agency and the 598
Division of Emergency Management, at a minimum, are given the 599
opportunity to review the plan. Also, appropriate volunteer 600
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organizations must be given the opportunity to review the plan. 601
The local emergency management agency shall complete its review 602
within 60 days and either approve the plan or advise the 603
facility or program of necessary revisions. 604
(9) The agency may conduct unann ounced inspections to 605
determine compliance by foster care facilities, group home 606
facilities, residential habilitation centers, and adult day 607
training comprehensive transitional education programs with the 608
applicable provisions of this chapter and the rules adopted 609
pursuant hereto, including the rules adopted for training staff 610
of a facility or an adult day training a program to detect, 611
report, and prevent sexual abuse, abuse, neglect, exploitation, 612
and abandonment, as defined in ss. 39.01 and 415.102, of 613
residents and clients. The facility or adult day training 614
program shall make copies of inspection reports available to the 615
public upon request. 616
(10) Each facility or program licensed under this section 617
shall forward annually to the agency a true and accura te sworn 618
statement of its costs of providing care to clients funded by 619
the agency. 620
(11) The agency may audit the records of any facility or 621
program that it has reason to believe may not be in full 622
compliance with the provisions of this section; provided that, 623
any financial audit of such facility or program is shall be 624
limited to the records of clients funded by the agency. 625
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(12) The agency shall establish, for the purpose of 626
control of licensure costs, a uniform management information 627
system and a uniform reporting system with uniform definitions 628
and reporting categories. 629
(13) Facilities and adult day training programs licensed 630
under pursuant to this section shall adhere to all rights 631
specified in s. 393.13 , including those enumerated in s. 632
393.13(4). 633
(14) The agency may not authorize funds or services to an 634
unlicensed facility or , beginning October 1, 2024, an adult day 635
training program that requires a license under this section may 636
not receive state funds . A license for the operation of a 637
facility or an adult day training program may shall not be 638
renewed if the licensee has any outstanding fines assessed 639
pursuant to this chapter wherein final adjudication of such 640
fines has been entered. 641
(15) The agency is not required to contract with 642
facilities or adult day training programs licensed under 643
pursuant to this chapter. 644
Section 7. Section 393.0673, Florida Statutes, is amended 645
to read: 646
393.0673 Denial, suspension, or revocation of license; 647
moratorium on admissions; administrative fines; procedures. — 648
(1) The following constitute grounds for which the agency 649
may take disciplinary action, including revoking or suspending 650
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revoke or suspend a license and imposing or impose an 651
administrative fine, not to exceed $1,000 per violation per day , 652
if: 653
(a) The licensee has: 654
1. Falsely represented or omitted a material fact in its 655
license application submitted under s. 393.067; 656
2. Had prior action taken against it under the Medicaid or 657
Medicare program; or 658
3. Failed to comply with the applicable requirements of 659
this chapter or rules applicable to the licensee; or 660
(b) The Department of Children and Families has verified 661
that the licensee is responsible for the abuse, neglect, or 662
abandonment of a child or the abuse, neglect, or exploitation of 663
a vulnerable adult. 664
(2) For purposes of disciplinary action under this section 665
for verified findings of abuse, neglect, abandonment, or 666
exploitation of a child or vulnerable adult, the licensee is 667
responsible not only for administration of the facilities in 668
compliance with the standards provided by statute and 669
administrative rule, but is ultimately responsible for the care 670
and supervision of the clients in the facility or the 671
participants of the program. 672
(a) A licensee may not delegate to others the ultima te 673
responsibility for the safety of the clients in its care. 674
(b) A licensee is subject to disciplinary action for an 675
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employee's lapse in care or supervision of the clients at the 676
facility or the participants of the program in which a verified 677
finding of abuse, neglect, abandonment, or exploitation 678
occurred. 679
(c) Remedial action taken by the licensee does not affect 680
the agency's ability to impose disciplinary action for the 681
underlying violation. 682
(3) The agency may deny an application for licensure 683
submitted under s. 393.067 if: 684
(a) The applicant has: 685
1. Falsely represented or omitted a material fact in its 686
license application submitted under s. 393.067; 687
2. Had prior action taken against it und er the Medicaid or 688
Medicare program; 689
3. Failed to comply with the applicable requirements of 690
this chapter or rules applicable to the applicant; or 691
4. Previously had a license to operate a residential 692
facility or adult day training program revoked by the agency, 693
the Department of Children and Families, or the Agency for 694
Health Care Administration; or 695
(b) The Department of Children and Families has verified 696
that the applicant is responsible for the abuse, neglect, or 697
abandonment of a child or the abuse, neglect, or exploitation of 698
a vulnerable adult; or 699
(c) The agency has determined that there is clear and 700
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convincing evidence that the applicant is unqualified for a 701
license because of a lack of good moral character. For purposes 702
of this paragraph, the t erm "good moral character" means a 703
personal history of honesty, fairness, and respect for the 704
rights of others and for the laws of this state and the Federal 705
Government. 706
(4)(3) All hearings must shall be held within the county 707
in which the licensee or ap plicant operates or applies for a 708
license to operate a facility or adult day training program as 709
defined herein. 710
(5)(4) The agency, as a part of any final order issued by 711
it under this chapter, may impose such fine as it deems proper, 712
except that such fine may not exceed $1,000 for each violation. 713
Each day a violation of this chapter occurs constitutes a 714
separate violation and is subject to a separate fine, but in no 715
event may the aggregate amount of any fine exceed $10,000. Fines 716
paid by any facility lic ensee under the provisions of this 717
subsection shall be deposited in the Health Care Trust Fund and 718
expended as provided in s. 400.063. 719
(6)(5) The agency may issue an order immediately 720
suspending or revoking a license when it determines that any 721
condition of in the facility or adult day training program 722
presents a danger to the health, safety, or welfare of the 723
residents in the facility or the program participants . 724
(7)(6) The agency may impose an immediate moratorium on 725
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admissions to any facility or service authorizations to a 726
facility or adult day training program when the agency 727
determines that any condition of in the facility or adult day 728
training program presents a threat to the health, safety, or 729
welfare of the residents in the facility or the program 730
participants. 731
(8)(7) The agency shall establish by rule criteria for 732
evaluating the severity of violations and for determining the 733
amount of fines imposed. 734
Section 8. Subsection (1) of section 393.0678, Florida 735
Statutes, is amended to read: 736
393.0678 Receivership proceedings. — 737
(1) The agency may petition a court of competent 738
jurisdiction for the appointment of a receiver for a 739
comprehensive transitional education program, a residential 740
habilitation center, or a group home facility owned and opera ted 741
by a corporation or partnership when any of the following 742
conditions exist: 743
(a) Any person is operating a facility without a license 744
and refuses to make application for a license as required by s. 745
393.067. 746
(b) The licensee is closing the facility o r has informed 747
the agency department that it intends to close the facility; and 748
adequate arrangements have not been made for relocation of the 749
residents within 7 days, exclusive of weekends and holidays, of 750
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the closing of the facility. 751
(c) The agency determines that conditions exist in the 752
facility which present an imminent danger to the health, safety, 753
or welfare of the residents of the facility or which present a 754
substantial probability that death or serious physical harm 755
would result therefrom. Wheneve r possible, the agency shall 756
facilitate the continued operation of the program. 757
(d) The licensee cannot meet its financial obligations to 758
provide food, shelter, care, and utilities. Evidence such as the 759
issuance of bad checks or the accumulation of delin quent bills 760
for such items as personnel salaries, food, drugs, or utilities 761
constitutes prima facie evidence that the ownership of the 762
facility lacks the financial ability to operate the home in 763
accordance with the requirements of this chapter and all rule s 764
adopted promulgated thereunder. 765
Section 9. Subsection (2) of section 393.135, Florida 766
Statutes, is amended to read: 767
393.135 Sexual misconduct prohibited; reporting required; 768
penalties.— 769
(2) A covered person who engages in sexual misconduct with 770
an individual with a developmental disability who: 771
(a) Resides in a residential facility, including any 772
comprehensive transitional education program, developmental 773
disabilities center, foster care facility, group home facility, 774
intermediate care facility for the developmentally disabled, or 775
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residential habilitation center; or 776
(b) Is eligible to receive services from the agency under 777
this chapter, 778
779
commits a felony of the second degree, punishable as provided in 780
s. 775.082, s. 775.083, or s. 775.084. A covered person may be 781
found guilty of violating this subsection without having 782
committed the crime of sexual battery. 783
Section 10. Section 393.18, Florida Statutes, is repealed. 784
Section 11. Paragraph (c) of subsection (3) of section 785
394.875, Florida Statutes, is amended to read: 786
394.875 Crisis stabilization units, residential treatment 787
facilities, and residential treatment centers for children an d 788
adolescents; authorized services; license required. — 789
(3) The following are exempt from licensure as required in 790
ss. 394.455-394.903: 791
(c) Comprehensive transitional education programs licensed 792
under s. 393.067. 793
Section 12. Paragraph (b) of subsect ion (1) of section 794
383.141, Florida Statutes, is amended to read: 795
383.141 Prenatally diagnosed conditions; patient to be 796
provided information; definitions; information clearinghouse; 797
advisory council.— 798
(1) As used in this section, the term: 799
(b) "Developmental disability" includes Down syndrome and 800
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other developmental disabilities defined by s. 393.063 s. 801
393.063(12). 802
Section 13. Subsection (1) of section 400.063, Florida 803
Statutes, is amended to read: 804
400.063 Resident protection. — 805
(1) The Health Care Trust Fund shall be used for the 806
purpose of collecting and disbursing funds generated from the 807
license fees and administrative fines as provided for in ss. 808
393.0673(5) ss. 393.0673(4), 400.062(3), 400.121(2), and 809
400.23(8). Such funds shall be for t he sole purpose of paying 810
for the appropriate alternate placement, care, and treatment of 811
residents who are removed from a facility licensed under this 812
part or a facility specified in s. 393.0678(1) in which the 813
agency determines that existing conditions o r practices 814
constitute an immediate danger to the health, safety, or 815
security of the residents. If the agency determines that it is 816
in the best interest of the health, safety, or security of the 817
residents to provide for an orderly removal of the residents 818
from the facility, the agency may utilize such funds to maintain 819
and care for the residents in the facility pending removal and 820
alternative placement. The maintenance and care of the residents 821
shall be under the direction and control of a receiver appointe d 822
pursuant to s. 393.0678(1) or s. 400.126(1). However, funds may 823
be expended in an emergency upon a filing of a petition for a 824
receiver, upon the declaration of a state of local emergency 825
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pursuant to s. 252.38(3)(a)5., or upon a duly authorized local 826
order of evacuation of a facility by emergency personnel to 827
protect the health and safety of the residents. 828
Section 14. Paragraph (d) of subsection (2) of section 829
1002.394, Florida Statutes, is amended to read: 830
1002.394 The Family Empowerment Scholarship Program. — 831
(2) DEFINITIONS.—As used in this section, the term: 832
(d) "Disability" means, for a 3 - or 4-year-old child or 833
for a student in kindergarten to grade 12, autism spectrum 834
disorder, as defined in the Diagnostic and Statistical Manual of 835
Mental Disorders, Fifth Edition, published by the American 836
Psychiatric Association; cerebral palsy, as defined in s. 837
393.063; Down syndrome, as defined in s. 393.063; an 838
intellectual disability, as defined in s. 393.063; a speech 839
impairment; a language impairment; an orthopedic impairment; any 840
an other health impairment; an emotional or a behavioral 841
disability; a specific learning disability, including, but not 842
limited to, dyslexia, dyscalculia, or developmental aphasia; 843
Phelan-McDermid syndrome, as defined in s. 393.063; Prader -Willi 844
syndrome, as defined in s. 393.063; spina bifida, as defined in 845
s. 393.063; being a high -risk child, as defined in s. 846
393.063(22)(a) s. 393.063(23)(a); muscular dystrophy; Williams 847
syndrome; rare diseases which affect patient populations of 848
fewer than 200,000 individuals in the United States, as defined 849
by the National Organization for Rare Disorders; anaphylaxis; a 850
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hearing impairment, including deafness; a visual impairment, 851
including blindness; traum atic brain injury; hospital or 852
homebound; or identification as dual sensory impaired, as 853
defined by rules of the State Board of Education and evidenced 854
by reports from local school districts. The term "hospital or 855
homebound" includes a student who has a me dically diagnosed 856
physical or psychiatric condition or illness, as defined by the 857
state board in rule, and who is confined to the home or hospital 858
for more than 6 months. 859
Section 15. This act shall take effect July 1, 2023. 860