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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
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 inter mediate 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 disabi lities 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 requiremen ts for certain direct 25
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service providers; amending s. 393.067, F.S.; 26
requiring the licensure of adult day training 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; providi ng that for purposes of 40
disciplinary action for certain violations, a licensee 41
is ultimately responsible for 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 a uthorizations to licensed 50
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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
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 programs; 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 cros s-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 f rom 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 in put from stakeholders and 81
Florida families to identify gaps in information and 82
communication across the lifespan of individuals with 83
developmental disabilities and their families, determine why 84
these gaps occur, and recommend ways to ensure that informatio n 85
on the availability of resources and supports across the state 86
is more accessible, including, but not limited 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 of 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 facility 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, re gistration, certificate, 115
or license by the agency. The licensee is legally responsible 116
for all aspects of the 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 eligibility 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 determin ation must be 142
completed within 90 days after receipt of the signed application 143
Only applicants whose domicile 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 applica nt has met 147
all eligibility requirements in rule, including having a 148
developmental disability and being domiciled 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 eligibility 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 for 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 disabled. 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 subsections (6) and (7), if a 180
client seeking enrollment in the developmental disabilities home 181
and community-based services Medicaid waiver program meets the 182
level of care requirement for an intermediate care facility f or 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 preenrollment 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, whic h includes clients in the 193
preenrollment categories individuals on the waiting list who 194
are: 195
1. From the child welfare system with an open case in the 196
Department of Children and Families' statewide automated child 197
welfare information system and who are ei ther: 198
a. Transitioning out of the child welfare system into 199
permanency at the finalization of an adoption, a reunification 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 but 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 a vailable 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 court 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 se rious harm and other supports 227
are not currently available to alleviate the situation; or 228
4. Who are identified as ready for discharge 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 not 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 expected 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 category 1, 248
category 2, category 3, or category 4. 249
250
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Within preenrollment categories 3, 4, 5, 6, and 7, the agency 251
shall prioritize maintain a waiting list of clients placed in 252
the order of the date that the client is determined eligible for 253
waiver services. 254
(6) The agency must shall allow an individual who meets 255
the eligibility requirements of subsection (2) subsection (1) to 256
receive home and community -based services in this state if the 257
individual's parent or legal guardian is an active -duty military 258
servicemember and if, at the time of the servicemember's 259
transfer to this state, the individual was receiving home and 260
community-based services in another state. 261
(7) The agency must shall allow an individual with a 262
diagnosis of Phelan-McDermid syndrome who meets the eligibility 263
requirements of subsection (2) subsection (1) to receive home 264
and community-based services. 265
(8) Only a client may be eligible for services under the 266
developmental disabilities home and community -based services 267
Medicaid waiver program. For a client to receive services under 268
the developmental disabilities home and community -based services 269
Medicaid waiver program, there must be available funding 270
pursuant to s. 393.0662 or through a legislative appropriation 271
and the client must meet all of the following: 272
(a) The eligibility requirements of subsection (2), which 273
must be confirmed by the agency. 274
(b) The eligibility requirements for the Florida Medicaid 275
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program under Title XIX of the Social Security Act, as amended, 276
or the Supplemental Security Income program. 277
(c) The level of care requirements for an intermediate 278
care facility for individuals with deve lopmental disabilities 279
pursuant to 42 C.F.R. ss. 435.217(b)(1) and 440.150. 280
(d) The requirements provided in the approved federal 281
waiver authorized pursuant to s. 1915(c) of the Social Security 282
Act and 42 C.F.R. s. 441.302. 283
(9)(8) Agency action that se lects individuals to receive 284
waiver services pursuant to this section does not establish a 285
right to a hearing or an administrative proceeding under chapter 286
120 for individuals remaining in the preenrollment categories on 287
the waiting list. 288
(10)(9) The client, the client's guardian, or the client's 289
family must ensure that accurate, up -to-date contact information 290
is provided to the agency at all times. Notwithstanding s. 291
393.0651, the agency must shall send an annual letter requesting 292
updated information fro m the client, the client's guardian, or 293
the client's family. The agency must shall remove from the 294
preenrollment categories waiting list any individual who cannot 295
be located using the contact information provided to the agency, 296
fails to meet eligibility re quirements, or becomes domiciled 297
outside the state. 298
(11)(a)(10)(a) The agency must shall provide the following 299
information to all applicants or their parents, legal guardians, 300
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or family members: 301
1. A brief overview of the vocational rehabilitation 302
services offered through the Division of Vocational 303
Rehabilitation of the Department of Education, including a 304
hyperlink or website address that provides access to the 305
application for such services; 306
2. A brief overview of the Florida ABLE program as 307
established under s. 1009.986, including a hyperlink or website 308
address that provides access to the application for establishing 309
an ABLE account as defined in s. 1009.986(2); 310
3. A brief overview of the supplemental security income 311
benefits and social security di sability income benefits 312
available under Title XVI of the Social Security Act, as 313
amended, including a hyperlink or website address that provides 314
access to the application for such benefits; 315
4. A statement indicating that the applicant's local 316
public school district may provide specialized instructional 317
services, including transition programs, for students with 318
special education needs; 319
5. A brief overview of programs and services funded 320
through the Florida Center for Students with Unique Abilities, 321
including contact information for each state -approved Florida 322
Postsecondary Comprehensive Transition Program; 323
6. A brief overview of decisionmaking options for 324
individuals with disabilities, guardianship under chapter 744, 325
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and alternatives to guardianship as defined in s. 744.334(1), 326
which may include contact information for organizations that the 327
agency believes would be helpful in assisting with such 328
decisions; 329
7. A brief overview of the referral tools made available 330
through the agency, including a hyperl ink or website address 331
that provides access to such tools; and 332
8. A statement indicating that some waiver providers may 333
serve private-pay individuals. 334
(b) The agency must provide the information required in 335
paragraph (a) in writing to an applicant or h is or her parent, 336
legal guardian, or family member along with a written disclosure 337
statement in substantially the following form: 338
DISCLOSURE STATEMENT 339
Each program and service has its own eligibility requirements. 340
By providing the information specified in section 393.065(11)(a) 341
393.065(10)(a), Florida Statutes, the agency does not guarantee 342
an applicant's eligibility for or enrollment in any program or 343
service. 344
(c) The agency must shall also publish the information 345
required in paragraph (a) and the disclosure statement in 346
paragraph (b) on its website, and must shall provide that 347
information and statement annually to each client applicant 348
placed in the preenrollment categories on the waiting list or to 349
the parent, legal guardian, or family member of such client 350
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applicant. 351
(12)(11) The agency and the Agency for Health Care 352
Administration may adopt rules specifying application 353
procedures, criteria associated with the preenrollment waiting 354
list categories, procedures fo r administering the preenrollment 355
waiting list, including tools for prioritizing waiver enrollment 356
within preenrollment categories, and eligibility requirements 357
criteria as needed to administer this section. 358
Section 4. Section 393.0651, Florida Statute s, is amended 359
to read: 360
393.0651 Family or individual support plan. —The agency 361
shall provide directly or contract for the development of a 362
family support plan for children ages 3 to 18 years of age and 363
an individual support plan for each client. The clien t, if 364
competent, the client's parent or guardian, or, when 365
appropriate, the client advocate, shall be consulted in the 366
development of the plan and shall receive a copy of the plan. 367
Each plan must include the most appropriate, least restrictive, 368
and most cost-beneficial environment for accomplishment of the 369
objectives for client progress and a specification of all 370
services authorized. The plan must include provisions for the 371
most appropriate level of care for the client. Within the 372
specification of needs and services for each client, when 373
residential care is necessary, the agency shall move toward 374
placement of clients in residential facilities based within the 375
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client's community. The ultimate goal of each plan, whenever 376
possible, shall be to enable the client to live a dignified life 377
in the least restrictive setting, be that in the home or in the 378
community. For children under 6 years of age, The family or 379
individual support plan must shall be developed within 60 days 380
after the agency determines the client elig ible pursuant to s. 381
393.065(3) the 45-day application period as specified in s. 382
393.065(1); for all applicants 6 years of age or older, the 383
family or individual support plan shall be developed within the 384
60-day period as specified in that subsection . 385
(1) The agency shall develop and specify by rule the core 386
components of support plans. 387
(2) The family or individual support plan shall be 388
integrated with the individual education plan (IEP) for all 389
clients who are public school students entitled to a fr ee 390
appropriate public education under the Individuals with 391
Disabilities Education Act, I.D.E.A., as amended. The family or 392
individual support plan and IEP must shall be implemented to 393
maximize the attainment of educational and habilitation goals. 394
(a) If the IEP for a student enrolled in a public school 395
program indicates placement in a public or private residential 396
program is necessary to provide special education and related 397
services to a client, the local education agency must shall 398
provide for the costs of that service in accordance with the 399
requirements of the Individuals with Disabilities Education Act, 400
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I.D.E.A., as amended. This does shall not preclude local 401
education agencies and the agency from sharing the residential 402
service costs of students who a re clients and require 403
residential placement. 404
(b) For clients who are entering or exiting the school 405
system, an interdepartmental staffing team composed of 406
representatives of the agency and the local school system shall 407
develop a written transitional liv ing and training plan with the 408
participation of the client or with the parent or guardian of 409
the client, or the client advocate, as appropriate. 410
(3) Each family or individual support plan shall be 411
facilitated through case management designed solely to ad vance 412
the individual needs of the client. 413
(4) In the development of the family or individual support 414
plan, a client advocate may be appointed by the support planning 415
team for a client who is a minor or for a client who is not 416
capable of express and infor med consent when: 417
(a) The parent or guardian cannot be identified; 418
(b) The whereabouts of the parent or guardian cannot be 419
discovered; or 420
(c) The state is the only legal representative of the 421
client. 422
423
Such appointment may shall not be construed to ex tend the powers 424
of the client advocate to include any of those powers delegated 425
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by law to a legal guardian. 426
(5) The agency shall place a client in the most 427
appropriate and least restrictive, and cost -beneficial, 428
residential facility according to his or h er individual support 429
plan. The client, if competent, the client's parent or guardian, 430
or, when appropriate, the client advocate, and the administrator 431
of the facility to which placement is proposed shall be 432
consulted in determining the appropriate placeme nt for the 433
client. Considerations for placement shall be made in the 434
following order: 435
(a) Client's own home or the home of a family member or 436
direct service provider. 437
(b) Foster care facility. 438
(c) Group home facility. 439
(d) Intermediate care facility for the developmentally 440
disabled. 441
(e) Other facilities licensed by the agency which offer 442
special programs for people with developmental disabilities. 443
(f) Developmental disabilities center. 444
(6) In developing a client's annual family or individual 445
support plan, the individual or family with the assistance of 446
the support planning team shall identify measurable objectives 447
for client progress and shall specify a time period expected for 448
achievement of each objective. 449
(7) The individual, family, and sup port coordinator shall 450
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review progress in achieving the objectives specified in each 451
client's family or individual support plan, and shall revise the 452
plan annually, following consultation with the client, if 453
competent, or with the parent or guardian of the client, or, 454
when appropriate, the client advocate. The agency or designated 455
contractor shall annually report in writing to the client, if 456
competent, or to the parent or guardian of the client, or to the 457
client advocate, when appropriate, with respect to t he client's 458
habilitative and medical progress. 459
(8) Any client, or any parent of a minor client, or 460
guardian, authorized guardian advocate, or client advocate for a 461
client, who is substantially affected by the client's initial 462
family or individual support plan, or the annual review thereof, 463
shall have the right to file a notice to challenge the decision 464
pursuant to ss. 120.569 and 120.57. Notice of such right to 465
appeal shall be included in all support plans provided by the 466
agency. 467
Section 5. Subsection (1) of section 393.0655, Florida 468
Statutes, is amended to read: 469
393.0655 Screening of direct service providers. — 470
(1) MINIMUM STANDARDS. —The agency shall require level 2 471
employment screening pursuant to chapter 435 for direct service 472
providers who are unrelated to their clients, including support 473
coordinators, and managers and supervisors of residential 474
facilities or adult day training comprehensive transitional 475
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education programs licensed under this chapter and any other 476
person, including volunteers, wh o provide care or services, who 477
have access to a client's living areas, or who have access to a 478
client's funds or personal property. Background screening must 479
shall include employment history checks as provided in s. 480
435.03(1) and local criminal records ch ecks through local law 481
enforcement agencies. 482
(a) A volunteer who assists on an intermittent basis for 483
less than 10 hours per month does not have to be screened if a 484
person who meets the screening requirement of this section is 485
always present and has the volunteer within his or her line of 486
sight. 487
(b) Licensed physicians, nurses, or other professionals 488
licensed and regulated by the Department of Health are not 489
subject to background screening pursuant to this section if they 490
are providing a service that is within their scope of licensed 491
practice. 492
(c) A person selected by the family or the individual with 493
developmental disabilities and paid by the family or the 494
individual to provide supports or services is not required to 495
have a background screening under this section. 496
(d) Persons 12 years of age or older, including family 497
members, residing with a direct services provider who provides 498
services to clients in his or her own place of residence are 499
subject to background screening; however, such persons who ar e 500
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12 to 18 years of age shall be screened for delinquency records 501
only. 502
Section 6. Section 393.067, Florida Statutes, is amended 503
to read: 504
393.067 Facility licensure. — 505
(1) The agency shall provide through its licensing 506
authority and by rule license application procedures, provider 507
qualifications, facility and client care standards, requirements 508
for client records, requirements for staff qualifications and 509
training, and requirements for monitoring foster care 510
facilities, group home facilities, residential habilitation 511
centers, and adult day training comprehensive transitional 512
education programs that serve agency clients. 513
(2) The agency shall conduct annual inspections and 514
reviews of facilities and adult day training programs licensed 515
under this section. 516
(3) An application for a license under this section must 517
be made to the agency on a form furnished by it and shall be 518
accompanied by the appropriate license fee. 519
(4) The application shall be under oath and shall c ontain 520
the following: 521
(a) The name and address of the applicant, if an applicant 522
is an individual; if the applicant is a firm, partnership, or 523
association, the name and address of each member thereof; if the 524
applicant is a corporation, its name and addre ss and the name 525
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and address of each director and each officer thereof; and the 526
name by which the facility or program is to be known. 527
(b) The location of the facility or adult day training 528
program for which a license is sought. 529
(c) The name of the perso n or persons under whose 530
management or supervision the facility or adult day training 531
program will be conducted. 532
(d) The number and type of residents or clients for which 533
maintenance, care, education, or treatment is to be provided by 534
the facility or adult day training program. 535
(e) The number and location of the component centers or 536
units which will compose the comprehensive transitional 537
education program. 538
(f) A description of the types of services and treatment 539
to be provided by the facility or adult day training program. 540
(f)(g) Information relating to the number, experience, and 541
training of the employees of the facility or adult day training 542
program. 543
(g)(h) Certification that the staff of the facility or 544
adult day training program will receive tr aining to detect, 545
report, and prevent sexual abuse, abuse, neglect, exploitation, 546
and abandonment, as defined in ss. 39.01 and 415.102, of 547
residents and clients. 548
(h)(i) Such other Information as the agency determines is 549
necessary to carry out the provisi ons of this chapter. 550
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(5) As a prerequisite for issuance of an initial or 551
renewal license, the applicant, and any manager, supervisor, and 552
staff member of the direct service provider of a facility or 553
adult day training program licensed under this section, must 554
have submitted to background screening as required under s. 555
393.0655. A license may not be issued or renewed if the 556
applicant or any manager, supervisor, or staff member of the 557
direct service provider has a disqualifying offense revealed by 558
failed background screenings as required under s. 393.0655. The 559
agency shall determine by rule the frequency of background 560
screening. The applicant shall submit with each initial or 561
renewal application a signed affidavit under penalty of perjury 562
stating that the applicant and any manager, supervisor, or staff 563
member of the direct service provider is in compliance with all 564
requirements for background screening. 565
(6) A facility or program The applicant shall furnish 566
satisfactory proof of financial ability to operate and conduct 567
the facility or program in accordance with the requirements of 568
this chapter and adopted rules. 569
(7) The agency shall adopt rules establishing minimum 570
standards for facilities and adult day training programs 571
licensed under this section, includi ng rules requiring 572
facilities and adult day training programs to train staff to 573
detect, report, and prevent sexual abuse, abuse, neglect, 574
exploitation, and abandonment, as defined in ss. 39.01 and 575
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415.102, of residents and clients, minimum standards of qua lity 576
and adequacy of client care, incident reporting requirements, 577
and uniform firesafety standards established by the State Fire 578
Marshal which are appropriate to the size of the facility or 579
adult day training of the component centers or units of the 580
program. 581
(8) The agency, after consultation with the Division of 582
Emergency Management, shall adopt rules for foster care 583
facilities, group home facilities, and residential habilitation 584
centers, and adult day training programs which establish minimum 585
standards for the preparation and annual update of a 586
comprehensive emergency management plan. At a minimum, the rules 587
must provide for plan components that address emergency 588
evacuation transportation; adequate sheltering arrangements; 589
postdisaster activities, inclu ding emergency power, food, and 590
water; postdisaster transportation; supplies; staffing; 591
emergency equipment; individual identification of residents and 592
transfer of records; and responding to family inquiries. The 593
comprehensive emergency management plan for all facilities and 594
adult day training comprehensive transitional education programs 595
and for homes serving individuals who have a complex medical 596
condition conditions is subject to review and approval by the 597
local emergency management agency. During its re view, the local 598
emergency management agency shall ensure that the agency and the 599
Division of Emergency Management, at a minimum, are given the 600
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opportunity to review the plan. Also, appropriate volunteer 601
organizations must be given the opportunity to review the plan. 602
The local emergency management agency shall complete its review 603
within 60 days and either approve the plan or advise the 604
facility or program of necessary revisions. 605
(9) The agency may conduct unannounced inspections to 606
determine compliance by foster care facilities, group home 607
facilities, residential habilitation centers, and adult day 608
training comprehensive transitional education programs with the 609
applicable provisions of this chapter and the rules adopted 610
pursuant hereto, including the rules adopted for training staff 611
of a facility or an adult day training a program to detect, 612
report, and prevent sexual abuse, abuse, neglect, exploitation, 613
and abandonment, as defined in ss. 39.01 and 415.102, of 614
residents and clients. The facility or adult day training 615
program shall make copies of inspection reports available to the 616
public upon request. 617
(10) Each facility or program licensed under this section 618
shall forward annually to the agency a true and accurate sworn 619
statement of its costs of providing c are to clients funded by 620
the agency. 621
(11) The agency may audit the records of any facility or 622
program that it has reason to believe may not be in full 623
compliance with the provisions of this section; provided that, 624
any financial audit of such facility or program is shall be 625
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limited to the records of clients funded by the agency. 626
(12) The agency shall establish, for the purpose of 627
control of licensure costs, a uniform management information 628
system and a uniform reporting system with uniform definitions 629
and reporting categories. 630
(13) Facilities and adult day training programs licensed 631
under pursuant to this section shall adhere to all rights 632
specified in s. 393.13 , including those enumerated in s. 633
393.13(4). 634
(14) The agency may not authorize funds or services to an 635
unlicensed facility or , beginning October 1, 2024, an adult day 636
training program that requires a license under this section may 637
not receive state funds . A license for the operation of a 638
facility or an adult day training program may shall not be 639
renewed if the licensee has any outstanding fines assessed 640
pursuant to this chapter wherein final adjudication of such 641
fines has been entered. 642
(15) The agency is not required to contract with 643
facilities or adult day training programs licensed under 644
pursuant to this chapter. 645
Section 7. Section 393.0673, Florida Statutes, is amended 646
to read: 647
393.0673 Denial, suspension, or revocation of license; 648
moratorium on admissions; administrative fines; procedures. — 649
(1) The following constitute grounds for which the agency 650
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may take disciplinary action, including revoking or suspending 651
revoke or suspend a license and imposing or impose an 652
administrative fine, not to exceed $1,000 per violation per day , 653
if: 654
(a) The licensee has: 655
1. Falsely represented or omitted a material fact in its 656
license application submitted under s. 393.067; 657
2. Had prior action taken against it under the Medicaid or 658
Medicare program; or 659
3. Failed to comply with the applicable requirements of 660
this chapter or rules applicable to the licensee; or 661
(b) The Department of Children and Families has verified 662
that the licensee is responsible for the abuse, neglect, or 663
abandonment of a child or the abuse, neglect, or exploitation of 664
a vulnerable adult. 665
(2) For purposes of disciplinary action under this section 666
for verified findings of abuse, neglect, abandonment, or 667
exploitation of a child or vulnerable adult, the licensee is 668
responsible not only for administration of the facilities in 669
compliance with the stand ards provided by statute and 670
administrative rule, but is ultimately responsible for the care 671
and supervision of the clients in the facility or the 672
participants of the program. 673
(a) A licensee may not delegate to others the ultimate 674
responsibility for the safety of the clients in its care. 675
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(b) A licensee is subject to disciplinary action for an 676
employee's lapse in care or supervision of the clients at the 677
facility or the participants of the program in which a verified 678
finding of abuse, neglect, abandonmen t, or exploitation 679
occurred. 680
(c) Remedial action taken by the licensee does not affect 681
the agency's ability to impose disciplinary action for the 682
underlying violation. 683
(3) The agency may deny an application for licensure 684
submitted under s. 393.067 if: 685
(a) The applicant has: 686
1. Falsely represented or omitted a material fact in its 687
license application submitted under s. 393.067; 688
2. Had prior action taken against it under the Medicaid or 689
Medicare program; 690
3. Failed to comply with the applicable req uirements of 691
this chapter or rules applicable to the applicant; or 692
4. Previously had a license to operate a residential 693
facility or adult day training program revoked by the agency, 694
the Department of Children and Families, or the Agency for 695
Health Care Administration; or 696
(b) The Department of Children and Families has verified 697
that the applicant is responsible for the abuse, neglect, or 698
abandonment of a child or the abuse, neglect, or exploitation of 699
a vulnerable adult; or 700
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(c) The agency has determine d that there is clear and 701
convincing evidence that the applicant is unqualified for a 702
license because of a lack of good moral character. For purposes 703
of this paragraph, the term "good moral character" means a 704
personal history of honesty, fairness, and resp ect for the 705
rights of others and for the laws of this state and the Federal 706
Government. 707
(4)(3) All hearings must shall be held within the county 708
in which the licensee or applicant operates or applies for a 709
license to operate a facility or adult day training program as 710
defined herein. 711
(5)(4) The agency, as a part of any final order issued by 712
it under this chapter, may impose such fine as it deems proper, 713
except that such fine may not exceed $1,000 for each violation. 714
Each day a violation of this chapter occurs constitutes a 715
separate violation and is subject to a separate fine, but in no 716
event may the aggregate amount of any fine exceed $10,000. Fines 717
paid by any facility licensee under the provisions of this 718
subsection shall be deposited in the Health Car e Trust Fund and 719
expended as provided in s. 400.063. 720
(6)(5) The agency may issue an order immediately 721
suspending or revoking a license when it determines that any 722
condition of in the facility or adult day training program 723
presents a danger to the health, safety, or welfare of the 724
residents in the facility or the program participants . 725
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(7)(6) The agency may impose an immediate moratorium on 726
admissions to any facility or service authorizations to a 727
facility or adult day trai ning program when the agency 728
determines that any condition of in the facility or adult day 729
training program presents a threat to the health, safety, or 730
welfare of the residents in the facility or the program 731
participants. 732
(8)(7) The agency shall establis h by rule criteria for 733
evaluating the severity of violations and for determining the 734
amount of fines imposed. 735
Section 8. Subsection (1) of section 393.0678, Florida 736
Statutes, is amended to read: 737
393.0678 Receivership proceedings. — 738
(1) The agency may petition a court of competent 739
jurisdiction for the appointment of a receiver for a 740
comprehensive transitional education program, a residential 741
habilitation center, or a group home facility owned and operated 742
by a corporation or partnership when any of th e following 743
conditions exist: 744
(a) Any person is operating a facility without a license 745
and refuses to make application for a license as required by s. 746
393.067. 747
(b) The licensee is closing the facility or has informed 748
the agency department that it intends to close the facility; and 749
adequate arrangements have not been made for relocation of the 750
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residents within 7 days, exclusive of weekends and holidays, of 751
the closing of the facility. 752
(c) The agency determines that conditions exist in the 753
facility which present an imminent danger to the health, safety, 754
or welfare of the residents of the facility or which present a 755
substantial probability that death or serious physical harm 756
would result therefrom. Whenever possible, the agency shall 757
facilitate the contin ued operation of the program. 758
(d) The licensee cannot meet its financial obligations to 759
provide food, shelter, care, and utilities. Evidence such as the 760
issuance of bad checks or the accumulation of delinquent bills 761
for such items as personnel salaries, food, drugs, or utilities 762
constitutes prima facie evidence that the ownership of the 763
facility lacks the financial ability to operate the home in 764
accordance with the requirements of this chapter and all rules 765
adopted promulgated thereunder. 766
Section 9. Subsection (2) of section 393.135, Florida 767
Statutes, is amended to read: 768
393.135 Sexual misconduct prohibited; reporting required; 769
penalties.— 770
(2) A covered person who engages in sexual misconduct with 771
an individual with a developmental disability who: 772
(a) Resides in a residential facility, including any 773
comprehensive transitional education program, developmental 774
disabilities center, foster care facility, group home facility, 775
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intermediate care facility for the developmentally disabled, or 776
residential habilitation center; or 777
(b) Is eligible to receive services from the agency under 778
this chapter, 779
780
commits a felony of the second degree, punishable as provided in 781
s. 775.082, s. 775.083, or s. 775.084. A covered person may be 782
found guilty of violating this subsection without having 783
committed the crime of sexual battery. 784
Section 10. Section 393.18, Florida Statutes, is repealed. 785
Section 11. Paragraph (c) of subsection (3) of section 786
394.875, Florida Statutes, is amended to read: 787
394.875 Crisis stab ilization units, residential treatment 788
facilities, and residential treatment centers for children and 789
adolescents; authorized services; license required. — 790
(3) The following are exempt from licensure as required in 791
ss. 394.455-394.903: 792
(c) Comprehensive transitional education programs licensed 793
under s. 393.067. 794
Section 12. Paragraph (b) of subsection (1) of section 795
383.141, Florida Statutes, is amended to read: 796
383.141 Prenatally diagnosed conditions; patient to be 797
provided information; definitions ; information clearinghouse; 798
advisory council.— 799
(1) As used in this section, the term: 800
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(b) "Developmental disability" includes Down syndrome and 801
other developmental disabilities defined by s. 393.063 s. 802
393.063(12). 803
Section 13. Subsection (1) of se ction 400.063, Florida 804
Statutes, is amended to read: 805
400.063 Resident protection. — 806
(1) The Health Care Trust Fund shall be used for the 807
purpose of collecting and disbursing funds generated from the 808
license fees and administrative fines as provided for in ss. 809
393.0673(5) ss. 393.0673(4), 400.062(3), 400.121(2), and 810
400.23(8). Such funds shall be for the sole purpose of paying 811
for the appropriate alternate placement, care, and treatment of 812
residents who are removed from a facility licensed under this 813
part or a facility specified in s. 393.0678(1) in which the 814
agency determines that existing conditions or practices 815
constitute an immediate danger to the health, safety, or 816
security of the residents. If the agency determines that it is 817
in the best interest of the health, safety, or security of the 818
residents to provide for an orderly removal of the residents 819
from the facility, the agency may utilize such funds to maintain 820
and care for the residents in the facility pending removal and 821
alternative placement. The m aintenance and care of the residents 822
shall be under the direction and control of a receiver appointed 823
pursuant to s. 393.0678(1) or s. 400.126(1). However, funds may 824
be expended in an emergency upon a filing of a petition for a 825
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receiver, upon the declarati on of a state of local emergency 826
pursuant to s. 252.38(3)(a)5., or upon a duly authorized local 827
order of evacuation of a facility by emergency personnel to 828
protect the health and safety of the residents. 829
Section 14. Paragraph (d) of subsection (2) of s ection 830
1002.394, Florida Statutes, is amended to read: 831
1002.394 The Family Empowerment Scholarship Program. — 832
(2) DEFINITIONS.—As used in this section, the term: 833
(d) "Disability" means, for a 3 - or 4-year-old child or 834
for a student in kindergarten to grade 12, autism spectrum 835
disorder, as defined in the Diagnostic and Statistical Manual of 836
Mental Disorders, Fifth Edition, published by the American 837
Psychiatric Association; cerebral palsy, as defined in s. 838
393.063; Down syndrome, as defined in s. 393.063 ; an 839
intellectual disability, as defined in s. 393.063; a speech 840
impairment; a language impairment; an orthopedic impairment; any 841
an other health impairment; an emotional or a behavioral 842
disability; a specific learning disability, including, but not 843
limited to, dyslexia, dyscalculia, or developmental aphasia; 844
Phelan-McDermid syndrome, as defined in s. 393.063; Prader -Willi 845
syndrome, as defined in s. 393.063; spina bifida, as defined in 846
s. 393.063; being a high -risk child, as defined in s. 847
393.063(22)(a) s. 393.063(23)(a); muscular dystrophy; Williams 848
syndrome; rare diseases which affect patient populations of 849
fewer than 200,000 individuals in the United States, as defined 850
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by the National Organization for Rare Disorders; anaphylaxis; a 851
hearing impairment, inc luding deafness; a visual impairment, 852
including blindness; traumatic brain injury; hospital or 853
homebound; or identification as dual sensory impaired, as 854
defined by rules of the State Board of Education and evidenced 855
by reports from local school districts. The term "hospital or 856
homebound" includes a student who has a medically diagnosed 857
physical or psychiatric condition or illness, as defined by the 858
state board in rule, and who is confined to the home or hospital 859
for more than 6 months. 860
Section 15. This act shall take effect July 1, 2023. 861