Florida 2023 Regular Session

Florida House Bill H1517 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	~~ENROLLED~~
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10	10		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
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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to the Agency for Persons with 2
16	16		Disabilities; creating a workgroup to provide a 3
17	17		continuum of guidance and information for individuals 4
18	18		with developmental disabilities and their families; 5
19	19		specifying workgroup participants and duties; 6
20	20		requiring the workgroup to submit certain reports to 7
21	21		the Governor and Legislature by specified dates; 8
22	22		amending s. 393.063, F.S.; revising and defining 9
23	23		terms; amending s. 393.065, F.S.; requiring the Agency 10
24	24		for Persons with Disabilities to make certain 11
25	25		eligibility determinations within specified 12
26	26		timeframes; providing eligibility requirements for 13
27	27		applicants; requiring the agency to authorize 14
28	28		admission to an intermediate care facility for certain 15
29	29		individuals; removing a provision requiring the agency 16
30	30		to perform specified assessments to determine level of 17
31	31		need and medical necessity for intermediate care 18
32	32		facilities; providing requirements for the 19
33	33		developmental disabilities home and community-based 20
34	34		services Medicaid waiver program; amending s. 21
35	35		393.0651, F.S.; revising the timeframe within which a 22
36	36		family or an individual support plan must be 23
37	37		developed; amending s. 393.0655, F.S.; revising 24
38	38		background screening requirements for certain direct 25
39		-	~~ENROLLED~~
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47	47		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
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49	49
50	50
51	51		service providers; amending s. 393.067, F.S.; 26
52	52		requiring the licensure of adult day tr aining 27
53	53		programs; conforming related application and licensure 28
54	54		provisions to changes made by the act; providing for 29
55	55		comprehensive emergency management plans of adult day 30
56	56		training programs; providing for inspections of adult 31
57	57		day training programs; requiring adult day training 32
58	58		programs to adhere to specified rights; prohibiting 33
59	59		the agency, beginning on a specified date, from 34
60	60		authorizing funds or services to an unlicensed adult 35
61	61		day training program; conforming provisions to changes 36
62	62		made by the act; amending s. 393.0673, F.S.; revising 37
63	63		provisions related to disciplinary action against 38
64	64		certain licensees to include licensed adult day 39
65	65		training programs; providing that for purposes of 40
66	66		disciplinary action for certain violations, a licensee 41
67	67		is ultimately responsible fo r the care and supervision 42
68	68		of clients in its facility or participants of the 43
69	69		program; providing construction; revising grounds for 44
70	70		denial of a licensure application; defining the term 45
71	71		"good moral character"; authorizing the agency to 46
72	72		immediately suspend or revoke the license of adult day 47
73	73		training programs under certain circumstances; 48
74	74		authorizing the agency to impose an immediate 49
75	75		moratorium on service authorizations to licensed 50
76		-	~~ENROLLED~~
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84	84		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
85	85
86	86
87	87
88	88		facilities and adult day training programs under 51
89	89		certain circumstances; amending s. 393.0678, F.S.; 52
90	90		conforming provisions to changes made by the act; 53
91	91		making a technical revision; amending s. 393.135, 54
92	92		F.S.; conforming provisions to changes made by the 55
93	93		act; repealing s. 393.18, F.S., relating to 56
94	94		comprehensive transitional education progr ams; 57
95	95		amending s. 394.875, F.S.; conforming a provision to 58
96	96		changes made by the act; amending ss. 383.141, 59
97	97		400.063, and 1002.394, F.S.; conforming cross -60
98	98		references; providing an effective date. 61
99	99		62
100	100		Be It Enacted by the Legislature of the State of Florida: 63
101	101		64
102	102		Section 1. (1) The Agency for Persons with Disabilities 65
103	103		shall convene an interagency workgroup to create a continuum of 66
104	104		guidance and information for individuals with developmental 67
105	105		disabilities and their families including guidance and 68
106	106		information across the lifespan of such individuals related to 69
107	107		education, workforce, daily living skills, and supportive 70
108	108		services for greater independence. 71
109	109		(2) The workgroup shall include as participants, at a 72
110	110		minimum, the Department of Children and Families, the Early 73
111	111		Steps Program of the Department of Health, the Division of 74
112	112		Vocational Rehabilitation of the Department of Education, at 75
113		-	~~ENROLLED~~
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121	121		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
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125	125		least three representatives from school district transition 76
126	126		programs, Project 10, the Agency for Health Care Administration, 77
127	127		the Department of Economic Opportunity's Unique Employer 78
128	128		program, and the Florida Center for Students with Unique 79
129	129		Abilities. 80
130	130		(3) The workgroup shall gather input from stakeholders and 81
131	131		Florida families to identify gaps in information and 82
132	132		communication across the lif espan of individuals with 83
133	133		developmental disabilities and their families, determine why 84
134	134		these gaps occur, and recommend ways to ensure that information 85
135	135		on the availability of resources and supports across the state 86
136	136		is more accessible, including, but not lim ited to, improving 87
137	137		agency websites. 88
138	138		(4) The workgroup shall submit an interim report by 89
139	139		November 1, 2023, and a final report by September 1, 2024, 90
140	140		including its findings and recommendations, to the Governor, the 91
141	141		President of the Senate, and the Speaker o f the House of 92
142	142		Representatives. 93
143	143		Section 2. Subsections (11) through (25) of section 94
144	144		393.063, Florida Statutes, are renumbered as subsections (10) 95
145	145		through (24), respectively, subsection (1) and present 96
146	146		subsection (10) are amended, and a new subsection ( 25) is added 97
147	147		to that section, to read: 98
148	148		393.063 Definitions. —For the purposes of this chapter, the 99
149	149		term: 100
150		-	~~ENROLLED~~
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158	158		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
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162	162		(1) "Adult day training" means a program of training 101
163	163		services which takes that take place in a nonresidential 102
164	164		setting, separate from the home or fac ility in which the client 103
165	165		resides, and is are intended to support the participation of 104
166	166		clients in daily, meaningful, and valued routines of the 105
167	167		community. These services include, but are not limited to, the 106
168	168		acquisition, retention, or improvement of self -help, 107
169	169		socialization, and adaptive skills Such training may be provided 108
170	170		in work-like settings that do not meet the definition of 109
171	171		supported employment . 110
172	172		(10) "Comprehensive transitional education program" means 111
173	173		the program established in s. 393.18. 112
174	174		(25) "Licensee" means an individual, a corporation, a 113
175	175		partnership, a firm, an association, a governmental entity, or 114
176	176		other entity that is issued a permit, registration, certificate, 115
177	177		or license by the agency. The licensee is legally responsible 116
178	178		for all aspects of t he provider operation. 117
179	179		Section 3. Section 393.065, Florida Statutes, is amended 118
180	180		to read: 119
181	181		393.065 Application and eligibility determination. — 120
182	182		(1) Application for services shall be made in writing to 121
183	183		the agency, in the region service area in which the applicant 122
184	184		resides. The agency shall review each application and make an 123
185	185		applicant for eligibility determination within 45 days after the 124
186	186		date the application is signed for children under 6 years of age 125
187		-	~~ENROLLED~~
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195	195		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
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197	197
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199	199		and within 60 days after receipt of the date the application is 126
200	200		signed application for all other applicants . If, at the time of 127
201	201		the application, an applicant is requesting enrollment in the 128
202	202		home and community-based services Medicaid waiver program for 129
203	203		individuals with developmental disabilities deemed to be in 130
204	204		crisis, as described in paragraph (5)(a), the agency shall 131
205	205		complete an eligibility determination within 45 days after 132
206	206		receipt of the signed application. 133
207	207		(a) If the agency determines additional documentation is 134
208	208		necessary to make an eligibi lity determination, the agency may 135
209	209		request the additional documentation from the applicant. 136
210	210		(b) When necessary to definitively identify individual 137
211	211		conditions or needs, the agency or its designee must shall 138
212	212		provide a comprehensive assessment. 139
213	213		(c) If the agency requests additional documentation from 140
214	214		the applicant or provides or arranges for a comprehensive 141
215	215		assessment, the agency's eligibility determination must be 142
216	216		completed within 90 days after receipt of the signed application 143
217	217		Only applicants whose domic ile is in Florida are eligible for 144
218	218		services. 145
219	219		(2) In order to be eligible for services under this 146
220	220		chapter, the agency must determine that the applicant has met 147
221	221		all eligibility requirements in rule, including having a 148
222	222		developmental disability and being dom iciled in this state. 149
223	223		Information accumulated by other agencies, including 150
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232	232		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
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236	236		professional reports and collateral data, shall be considered in 151
237	237		this process when available. 152
238	238		(2) In order to provide immediate services or crisis 153
239	239		intervention to applicants, the agency shall arrange for 154
240	240		emergency eligibility determination, with a full eligibility 155
241	241		review to be accomplished within 45 days of the emergency 156
242	242		eligibility determination. 157
243	243		(3) The agency or its designee shall notify each 158
244	244		applicant, in writing, of its elig ibility determination 159
245	245		decision. Any applicant or client determined by the agency to be 160
246	246		ineligible for services has the right to appeal this 161
247	247		determination decision pursuant to ss. 120.569 and 120.57. 162
248	248		(4) Before admission to an intermediate care facility f or 163
249	249		individuals with intellectual disabilities and to ensure that 164
250	250		the setting is the least restrictive to meet the individual's 165
251	251		needs, the agency must authorize admission pursuant to this 166
252	252		subsection. As part of the authorization, the agency or its 167
253	253		designee must conduct a comprehensive assessment that includes 168
254	254		medical necessity, level of care, and level of reimbursement 169
255	255		shall assess the level of need and medical necessity for 170
256	256		prospective residents of intermediate care facilities for the 171
257	257		developmentally disabl ed. The agency may enter into an agreement 172
258	258		with the Department of Elderly Affairs for its Comprehensive 173
259	259		Assessment and Review for Long -Term-Care Services (CARES) 174
260	260		program to conduct assessments to determine the level of need 175
261		-	~~ENROLLED~~
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269	269		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
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273	273		and medical necessity for long -term-care services under this 176
274	274		chapter. To the extent permissible under federal law, the 177
275	275		assessments shall be funded under Title XIX of the Social 178
276	276		Security Act. 179
277	277		(5) Except as provided in subsections (6) and (7), if a 180
278	278		client seeking enrollment in the develo pmental disabilities home 181
279	279		and community-based services Medicaid waiver program meets the 182
280	280		level of care requirement for an intermediate care facility for 183
281	281		individuals with intellectual disabilities pursuant to 42 C.F.R. 184
282	282		ss. 435.217(b)(1) and 440.150, the agency must shall assign the 185
283	283		client to an appropriate preenrollment category pursuant to this 186
284	284		subsection and must provide priority to clients waiting for 187
285	285		waiver services in the following order: 188
286	286		(a) Category 1, which includes clients deemed to be in 189
287	287		crisis as described in rule, must shall be given first priority 190
288	288		in moving from the preenrollment categories waiting list to the 191
289	289		waiver. 192
290	290		(b) Category 2, which includes clients in the 193
291	291		preenrollment categories individuals on the waiting list who 194
292	292		are: 195
293	293		1. From the child welfare system with an open case in the 196
294	294		Department of Children and Families' statewide automated child 197
295	295		welfare information system and who are either: 198
296	296		a. Transitioning out of the child welfare system into 199
297	297		permanency at the finalization of an adoptio n, a reunification 200
298		-	~~ENROLLED~~
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306	306		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
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310	310		with family members, a permanent placement with a relative, or a 201
311	311		guardianship with a nonrelative ; or 202
312	312		b. At least 18 years but not yet 22 years of age and who 203
313	313		need both waiver services and extended foster care services; or 204
314	314		2. At least 18 years but not yet 22 years of age and who 205
315	315		withdrew consent pursuant to s. 39.6251(5)(c) to remain in the 206
316	316		extended foster care system. 207
317	317		208
318	318		For individuals who are at least 18 years but not yet 22 years 209
319	319		of age and who are eligible under sub -subparagraph 1.b., the 210
320	320		agency must shall provide waiver services, including residential 211
321	321		habilitation, and the community -based care lead agency must 212
322	322		shall fund room and board at the rate established in s. 213
323	323		409.145(3) and provide case management and related services as 214
324	324		defined in s. 409.986(3)(e). Individuals may receive both waiver 215
325	325		services and services under s. 39.6251. Services may not 216
326	326		duplicate services a vailable through the Medicaid state plan. 217
327	327		(c) Category 3, which includes, but is not required to be 218
328	328		limited to, clients: 219
329	329		1. Whose caregiver has a documented condition that is 220
330	330		expected to render the caregiver unable to provide care within 221
331	331		the next 12 months and for whom a caregiver is required but no 222
332	332		alternate caregiver is available; 223
333	333		2. At substantial risk of incarceration or court 224
334	334		commitment without supports; 225
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343	343		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
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347	347		3. Whose documented behaviors or physical needs place them 226
348	348		or their caregiver at risk of se rious harm and other supports 227
349	349		are not currently available to alleviate the situation; or 228
350	350		4. Who are identified as ready for discharge within the 229
351	351		next year from a state mental health hospital or skilled nursing 230
352	352		facility and who require a caregiver but for whom no caregiver 231
353	353		is available or whose caregiver is unable to provide the care 232
354	354		needed. 233
355	355		(d) Category 4, which includes, but is not required to be 234
356	356		limited to, clients whose caregivers are 70 years of age or 235
357	357		older and for whom a caregiver is required but no alternate 236
358	358		caregiver is available. 237
359	359		(e) Category 5, which includes, but is not required to be 238
360	360		limited to, clients who are expected to graduate within the next 239
361	361		12 months from secondary school and need support to obtain a 240
362	362		meaningful day activity, maintain competitive employment, or 241
363	363		pursue an accredited program of postsecondary education to which 242
364	364		they have been accepted. 243
365	365		(f) Category 6, which includes clients 21 years of age or 244
366	366		older who do not meet the criteria for category 1, category 2, 245
367	367		category 3, category 4, or category 5. 246
368	368		(g) Category 7, which includes clients younger than 21 247
369	369		years of age who do not meet the criteria for category 1, 248
370	370		category 2, category 3, or category 4. 249
371	371		250
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380	380		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
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384	384		Within preenrollment categories 3, 4, 5, 6, and 7, the agency 251
385	385		shall prioritize maintain a waiting list of clients placed in 252
386	386		the order of the date that the client is determined eligible for 253
387	387		waiver services. 254
388	388		(6) The agency must shall allow an individual who meets 255
389	389		the eligibility requirements of subsection (2) subsection (1) to 256
390	390		receive home and community -based services in this state if the 257
391	391		individual's parent or legal guardian is an active -duty military 258
392	392		servicemember and if, at the time of the servicemember's 259
393	393		transfer to this state, the individual was receiving home and 260
394	394		community-based services in another state. 261
395	395		(7) The agency must shall allow an individual with a 262
396	396		diagnosis of Phelan-McDermid syndrome who meets the eligibility 263
397	397		requirements of subsection (2) subsection (1) to receive home 264
398	398		and community-based services. 265
399	399		(8) Only a client may be eligible for services under the 266
400	400		developmental disabilities home and community -based services 267
401	401		Medicaid waiver program. For a client to receive services under 268
402	402		the developmental disabilities home and community -based services 269
403	403		Medicaid waiver program, there must be available funding 270
404	404		pursuant to s. 393.0662 or through a legislative appropriation 271
405	405		and the client must meet all of the following: 272
406	406		(a) The eligibility requirements of subsection (2), which 273
407	407		must be confirmed by the agency. 274
408	408		(b) The eligibility requirements for the Florida Medicaid 275
409		-	~~ENROLLED~~
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417	417		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
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421	421		program under Title XIX of the Social Security Act, as amended, 276
422	422		or the Supplemental Security Income program. 277
423	423		(c) The level of care requirements for an intermediate 278
424	424		care facility for individuals with deve lopmental disabilities 279
425	425		pursuant to 42 C.F.R. ss. 435.217(b)(1) and 440.150. 280
426	426		(d) The requirements provided in the approved federal 281
427	427		waiver authorized pursuant to s. 1915(c) of the Social Security 282
428	428		Act and 42 C.F.R. s. 441.302. 283
429	429		(9)(8) Agency action that se lects individuals to receive 284
430	430		waiver services pursuant to this section does not establish a 285
431	431		right to a hearing or an administrative proceeding under chapter 286
432	432		120 for individuals remaining in the preenrollment categories on 287
433	433		the waiting list. 288
434	434		(10)(9) The client, the client's guardian, or the client's 289
435	435		family must ensure that accurate, up -to-date contact information 290
436	436		is provided to the agency at all times. Notwithstanding s. 291
437	437		393.0651, the agency must shall send an annual letter requesting 292
438	438		updated information fro m the client, the client's guardian, or 293
439	439		the client's family. The agency must shall remove from the 294
440	440		preenrollment categories waiting list any individual who cannot 295
441	441		be located using the contact information provided to the agency, 296
442	442		fails to meet eligibility re quirements, or becomes domiciled 297
443	443		outside the state. 298
444	444		(11)(a)(10)(a) The agency must shall provide the following 299
445	445		information to all applicants or their parents, legal guardians, 300
446		-	~~ENROLLED~~
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454	454		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
455	455
456	456
457	457
458	458		or family members: 301
459	459		1. A brief overview of the vocational rehabilitation 302
460	460		services offered through the Division of Vocational 303
461	461		Rehabilitation of the Department of Education, including a 304
462	462		hyperlink or website address that provides access to the 305
463	463		application for such services; 306
464	464		2. A brief overview of the Florida ABLE program as 307
465	465		established under s. 1009.986, including a hyperlink or website 308
466	466		address that provides access to the application for establishing 309
467	467		an ABLE account as defined in s. 1009.986(2); 310
468	468		3. A brief overview of the supplemental security income 311
469	469		benefits and social security di sability income benefits 312
470	470		available under Title XVI of the Social Security Act, as 313
471	471		amended, including a hyperlink or website address that provides 314
472	472		access to the application for such benefits; 315
473	473		4. A statement indicating that the applicant's local 316
474	474		public school district may provide specialized instructional 317
475	475		services, including transition programs, for students with 318
476	476		special education needs; 319
477	477		5. A brief overview of programs and services funded 320
478	478		through the Florida Center for Students with Unique Abilities, 321
479	479		including contact information for each state -approved Florida 322
480	480		Postsecondary Comprehensive Transition Program; 323
481	481		6. A brief overview of decisionmaking options for 324
482	482		individuals with disabilities, guardianship under chapter 744, 325
483		-	~~ENROLLED~~
484		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
	483	+
	484	+	CS/CS/HB 1517, Engrossed 1 2023
485	485
486	486
487	487
488	488		CODING: Words stricken are deletions; words underlined are additions.
489		-	hb1517-~~04-er~~
	489	+	hb1517-03-e1
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491	491		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
492	492
493	493
494	494
495	495		and alternatives to guardianship as defined in s. 744.334(1), 326
496	496		which may include contact information for organizations that the 327
497	497		agency believes would be helpful in assisting with such 328
498	498		decisions; 329
499	499		7. A brief overview of the referral tools made available 330
500	500		through the agency, including a hyperl ink or website address 331
501	501		that provides access to such tools; and 332
502	502		8. A statement indicating that some waiver providers may 333
503	503		serve private-pay individuals. 334
504	504		(b) The agency must provide the information required in 335
505	505		paragraph (a) in writing to an applicant or h is or her parent, 336
506	506		legal guardian, or family member along with a written disclosure 337
507	507		statement in substantially the following form: 338
508	508		DISCLOSURE STATEMENT 339
509	509		Each program and service has its own eligibility requirements. 340
510	510		By providing the information specified in section 393.065(11)(a) 341
511	511		393.065(10)(a), Florida Statutes, the agency does not guarantee 342
512	512		an applicant's eligibility for or enrollment in any program or 343
513	513		service. 344
514	514		(c) The agency must shall also publish the information 345
515	515		required in paragraph (a) and the disclosure statement in 346
516	516		paragraph (b) on its website, and must shall provide that 347
517	517		information and statement annually to each client applicant 348
518	518		placed in the preenrollment categories on the waiting list or to 349
519	519		the parent, legal guardian, or family member of such client 350
520		-	~~ENROLLED~~
521		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
	520	+
	521	+	CS/CS/HB 1517, Engrossed 1 2023
522	522
523	523
524	524
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528	528		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
529	529
530	530
531	531
532	532		applicant. 351
533	533		(12)(11) The agency and the Agency for Health Care 352
534	534		Administration may adopt rules specifying application 353
535	535		procedures, criteria associated with the preenrollment waiting 354
536	536		list categories, procedures for administering the preenrollment 355
537	537		waiting list, including tools for prioritizing waiver enrollment 356
538	538		within preenrollment categories, and eligibility requirements 357
539	539		criteria as needed to administer this section. 358
540	540		Section 4. Section 393.0651, Florida Statutes, is amended 359
541	541		to read: 360
542	542		393.0651 Family or individual support plan. —The agency 361
543	543		shall provide directly or contract for the development of a 362
544	544		family support plan for children ages 3 to 18 years of age and 363
545	545		an individual support p lan for each client. The client, if 364
546	546		competent, the client's parent or guardian, or, when 365
547	547		appropriate, the client advocate, shall be consulted in the 366
548	548		development of the plan and shall receive a copy of the plan. 367
549	549		Each plan must include the most appropriate, least restrictive, 368
550	550		and most cost-beneficial environment for accomplishment of the 369
551	551		objectives for client progress and a specification of all 370
552	552		services authorized. The plan must include provisions for the 371
553	553		most appropriate level of care for the client. Within the 372
554	554		specification of needs and services for each client, when 373
555	555		residential care is necessary, the agency shall move toward 374
556	556		placement of clients in residential facilities based within the 375
557		-	~~ENROLLED~~
558		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
	557	+
	558	+	CS/CS/HB 1517, Engrossed 1 2023
559	559
560	560
561	561
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565	565		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
566	566
567	567
568	568
569	569		client's community. The ultimate goal of each plan, whenever 376
570	570		possible, shall be to enable the client to live a dignified life 377
571	571		in the least restrictive setting, be that in the home or in the 378
572	572		community. For children under 6 years of age, The family or 379
573	573		individual support plan must shall be developed within 60 days 380
574	574		after the agency determines the client eligible pursuant to s. 381
575	575		393.065(3) the 45-day application period as specified in s. 382
576	576		393.065(1); for all applicants 6 years of age or older, the 383
577	577		family or individual support plan shall be developed within the 384
578	578		60-day period as specified in that subsection . 385
579	579		(1) The agency shall develop and specify by rule the core 386
580	580		components of support plans. 387
581	581		(2) The family or individual support plan shall be 388
582	582		integrated with the individual education plan (IEP) for all 389
583	583		clients who are public school students entitled to a free 390
584	584		appropriate public education under the Individuals with 391
585	585		Disabilities Education Act, I. D.E.A., as amended. The family or 392
586	586		individual support plan and IEP must shall be implemented to 393
587	587		maximize the attainment of educational and habilitation goals. 394
588	588		(a) If the IEP for a student enrolled in a public school 395
589	589		program indicates placement in a public or private residential 396
590	590		program is necessary to provide special education and related 397
591	591		services to a client, the local education agency must shall 398
592	592		provide for the costs of that service in accordance with the 399
593	593		requirements of the Individuals with Disabilities Education Act, 400
594		-	~~ENROLLED~~
595		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
	594	+
	595	+	CS/CS/HB 1517, Engrossed 1 2023
596	596
597	597
598	598
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602	602		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
603	603
604	604
605	605
606	606		I.D.E.A., as amended. This does shall not preclude local 401
607	607		education agencies and the agency from sharing the residential 402
608	608		service costs of students who are clients and require 403
609	609		residential placement. 404
610	610		(b) For clients who are entering or exiti ng the school 405
611	611		system, an interdepartmental staffing team composed of 406
612	612		representatives of the agency and the local school system shall 407
613	613		develop a written transitional living and training plan with the 408
614	614		participation of the client or with the parent or guardian of 409
615	615		the client, or the client advocate, as appropriate. 410
616	616		(3) Each family or individual support plan shall be 411
617	617		facilitated through case management designed solely to advance 412
618	618		the individual needs of the client. 413
619	619		(4) In the development of the family or indiv idual support 414
620	620		plan, a client advocate may be appointed by the support planning 415
621	621		team for a client who is a minor or for a client who is not 416
622	622		capable of express and informed consent when: 417
623	623		(a) The parent or guardian cannot be identified; 418
624	624		(b) The whereabouts of the parent or guardian cannot be 419
625	625		discovered; or 420
626	626		(c) The state is the only legal representative of the 421
627	627		client. 422
628	628		423
629	629		Such appointment may shall not be construed to extend the powers 424
630	630		of the client advocate to include any of those powers delegated 425
631		-	~~ENROLLED~~
632		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
	631	+
	632	+	CS/CS/HB 1517, Engrossed 1 2023
633	633
634	634
635	635
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639	639		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
640	640
641	641
642	642
643	643		by law to a legal guardian. 426
644	644		(5) The agency shall place a client in the most 427
645	645		appropriate and least restrictive, and cost -beneficial, 428
646	646		residential facility according to his or her individual support 429
647	647		plan. The client, if competent, the client's parent or guardian, 430
648	648		or, when appropriate, the client advocate, and the administrator 431
649	649		of the facility to which placement is proposed shall be 432
650	650		consulted in determining the appropriate placement for the 433
651	651		client. Considerations for placement shall be made in the 434
652	652		following order: 435
653	653		(a) Client's own home or the home of a family member or 436
654	654		direct service provider. 437
655	655		(b) Foster care facility. 438
656	656		(c) Group home facility. 439
657	657		(d) Intermediate care facility for the developmentally 440
658	658		disabled. 441
659	659		(e) Other facilities licensed by the agency which of fer 442
660	660		special programs for people with developmental disabilities. 443
661	661		(f) Developmental disabilities center. 444
662	662		(6) In developing a client's annual family or individual 445
663	663		support plan, the individual or family with the assistance of 446
664	664		the support planning team sha ll identify measurable objectives 447
665	665		for client progress and shall specify a time period expected for 448
666	666		achievement of each objective. 449
667	667		(7) The individual, family, and support coordinator shall 450
668		-	~~ENROLLED~~
669		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
	668	+
	669	+	CS/CS/HB 1517, Engrossed 1 2023
670	670
671	671
672	672
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676	676		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
677	677
678	678
679	679
680	680		review progress in achieving the objectives specified in each 451
681	681		client's family or individual support plan, and shall revise the 452
682	682		plan annually, following consultation with the client, if 453
683	683		competent, or with the parent or guardian of the client, or, 454
684	684		when appropriate, the client advocate. The agency or designated 455
685	685		contractor shall annually report in writing to the client, if 456
686	686		competent, or to the parent or guardian of the client, or to the 457
687	687		client advocate, when appropriate, with respect to the client's 458
688	688		habilitative and medical progress. 459
689	689		(8) Any client, or any parent of a minor client, or 460
690	690		guardian, authorized guardian advocate, or client advocate for a 461
691	691		client, who is substantially affected by the client's initial 462
692	692		family or individual support plan, or the annual review thereof, 463
693	693		shall have the right to file a notice to challenge t he decision 464
694	694		pursuant to ss. 120.569 and 120.57. Notice of such right to 465
695	695		appeal shall be included in all support plans provided by the 466
696	696		agency. 467
697	697		Section 5. Subsection (1) of section 393.0655, Florida 468
698	698		Statutes, is amended to read: 469
699	699		393.0655 Screening of d irect service providers. — 470
700	700		(1) MINIMUM STANDARDS. —The agency shall require level 2 471
701	701		employment screening pursuant to chapter 435 for direct service 472
702	702		providers who are unrelated to their clients, including support 473
703	703		coordinators, and managers and supervisors o f residential 474
704	704		facilities or adult day training comprehensive transitional 475
705		-	~~ENROLLED~~
706		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
	705	+
	706	+	CS/CS/HB 1517, Engrossed 1 2023
707	707
708	708
709	709
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713	713		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
714	714
715	715
716	716
717	717		education programs licensed under this chapter and any other 476
718	718		person, including volunteers, who provide care or services, who 477
719	719		have access to a client's living areas, or who have acces s to a 478
720	720		client's funds or personal property. Background screening must 479
721	721		shall include employment history checks as provided in s. 480
722	722		435.03(1) and local criminal records checks through local law 481
723	723		enforcement agencies. 482
724	724		(a) A volunteer who assists on an intermit tent basis for 483
725	725		less than 10 hours per month does not have to be screened if a 484
726	726		person who meets the screening requirement of this section is 485
727	727		always present and has the volunteer within his or her line of 486
728	728		sight. 487
729	729		(b) Licensed physicians, nurses, or other pr ofessionals 488
730	730		licensed and regulated by the Department of Health are not 489
731	731		subject to background screening pursuant to this section if they 490
732	732		are providing a service that is within their scope of licensed 491
733	733		practice. 492
734	734		(c) A person selected by the family or the in dividual with 493
735	735		developmental disabilities and paid by the family or the 494
736	736		individual to provide supports or services is not required to 495
737	737		have a background screening under this section. 496
738	738		(d) Persons 12 years of age or older, including family 497
739	739		members, residing with a direct services provider who provides 498
740	740		services to clients in his or her own place of residence are 499
741	741		subject to background screening; however, such persons who are 500
742		-	~~ENROLLED~~
743		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
	742	+
	743	+	CS/CS/HB 1517, Engrossed 1 2023
744	744
745	745
746	746
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750	750		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
751	751
752	752
753	753
754	754		12 to 18 years of age shall be screened for delinquency records 501
755	755		only. 502
756	756		Section 6. Section 393.067, Florida Statutes, is amended 503
757	757		to read: 504
758	758		393.067 Facility licensure. — 505
759	759		(1) The agency shall provide through its licensing 506
760	760		authority and by rule license application procedures, provider 507
761	761		qualifications, facility and client care standards, requirements 508
762	762		for client records, requirements for staff qualifications and 509
763	763		training, and requirements for monitoring foster care 510
764	764		facilities, group home facilities, residential habilitation 511
765	765		centers, and adult day training comprehensive transitional 512
766	766		education programs that serve agency clients. 513
767	767		(2) The agency shall conduct annual inspections a nd 514
768	768		reviews of facilities and adult day training programs licensed 515
769	769		under this section. 516
770	770		(3) An application for a license under this section must 517
771	771		be made to the agency on a form furnished by it and shall be 518
772	772		accompanied by the appropriate license fee. 519
773	773		(4) The application shall be under oath and shall contain 520
774	774		the following: 521
775	775		(a) The name and address of the applicant, if an applicant 522
776	776		is an individual; if the applicant is a firm, partnership, or 523
777	777		association, the name and address of each member thereof; if the 524
778	778		applicant is a corporation, its name and address and the name 525
779		-	~~ENROLLED~~
780		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
	779	+
	780	+	CS/CS/HB 1517, Engrossed 1 2023
781	781
782	782
783	783
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787	787		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
788	788
789	789
790	790
791	791		and address of each director and each officer thereof; and the 526
792	792		name by which the facility or program is to be known. 527
793	793		(b) The location of the facility or adult day training 528
794	794		program for which a license is sought. 529
795	795		(c) The name of the person or persons under whose 530
796	796		management or supervision the facility or adult day training 531
797	797		program will be conducted. 532
798	798		(d) The number and type of residents or clients for which 533
799	799		maintenance, care, education, or tre atment is to be provided by 534
800	800		the facility or adult day training program. 535
801	801		(e) The number and location of the component centers or 536
802	802		units which will compose the comprehensive transitional 537
803	803		education program. 538
804	804		(f) A description of the types of services and tr eatment 539
805	805		to be provided by the facility or adult day training program. 540
806	806		(f)(g) Information relating to the number, experience, and 541
807	807		training of the employees of the facility or adult day training 542
808	808		program. 543
809	809		(g)(h) Certification that the staff of the facilit y or 544
810	810		adult day training program will receive training to detect, 545
811	811		report, and prevent sexual abuse, abuse, neglect, exploitation, 546
812	812		and abandonment, as defined in ss. 39.01 and 415.102, of 547
813	813		residents and clients. 548
814	814		(h)(i) Such other Information as the agency determines is 549
815	815		necessary to carry out the provisions of this chapter. 550
816		-	~~ENROLLED~~
817		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
	816	+
	817	+	CS/CS/HB 1517, Engrossed 1 2023
818	818
819	819
820	820
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824	824		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
825	825
826	826
827	827
828	828		(5) As a prerequisite for issuance of an initial or 551
829	829		renewal license, the applicant, and any manager, supervisor, and 552
830	830		staff member of the direct service provider of a facility or 553
831	831		adult day training program licensed under this section, must 554
832	832		have submitted to background screening as required under s. 555
833	833		393.0655. A license may not be issued or renewed if the 556
834	834		applicant or any manager, supervisor, or staff member of the 557
835	835		direct service provider ha s a disqualifying offense revealed by 558
836	836		failed background screenings as required under s. 393.0655. The 559
837	837		agency shall determine by rule the frequency of background 560
838	838		screening. The applicant shall submit with each initial or 561
839	839		renewal application a signed affidav it under penalty of perjury 562
840	840		stating that the applicant and any manager, supervisor, or staff 563
841	841		member of the direct service provider is in compliance with all 564
842	842		requirements for background screening. 565
843	843		(6) A facility or program The applicant shall furnish 566
844	844		satisfactory proof of financial ability to operate and conduct 567
845	845		the facility or program in accordance with the requirements of 568
846	846		this chapter and adopted rules. 569
847	847		(7) The agency shall adopt rules establishing minimum 570
848	848		standards for facilities and adult day training programs 571
849	849		licensed under this section, including rules requiring 572
850	850		facilities and adult day training programs to train staff to 573
851	851		detect, report, and prevent sexual abuse, abuse, neglect, 574
852	852		exploitation, and abandonment, as defined in ss. 39.01 and 575
853		-	~~ENROLLED~~
854		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
	853	+
	854	+	CS/CS/HB 1517, Engrossed 1 2023
855	855
856	856
857	857
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861	861		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
862	862
863	863
864	864
865	865		415.102, of residents and clients, minimum standards of quality 576
866	866		and adequacy of client care, incident reporting requirements, 577
867	867		and uniform firesafety standards established by the State Fire 578
868	868		Marshal which are appropriate to the size of the facility or 579
869	869		adult day training of the component centers or units of the 580
870	870		program. 581
871	871		(8) The agency, after consultation with the Division of 582
872	872		Emergency Management, shall adopt rules for foster care 583
873	873		facilities, group home facilities, and residential habilitation 584
874	874		centers, and adult day trai ning programs which establish minimum 585
875	875		standards for the preparation and annual update of a 586
876	876		comprehensive emergency management plan. At a minimum, the rules 587
877	877		must provide for plan components that address emergency 588
878	878		evacuation transportation; adequate shelteri ng arrangements; 589
879	879		postdisaster activities, including emergency power, food, and 590
880	880		water; postdisaster transportation; supplies; staffing; 591
881	881		emergency equipment; individual identification of residents and 592
882	882		transfer of records; and responding to family inquiries. The 593
883	883		comprehensive emergency management plan for all facilities and 594
884	884		adult day training comprehensive transitional education programs 595
885	885		and for homes serving individuals who have a complex medical 596
886	886		condition conditions is subject to review and approval by the 597
887	887		local emergency management agency. During its review, the local 598
888	888		emergency management agency shall ensure that the agency and the 599
889	889		Division of Emergency Management, at a minimum, are given the 600
890		-	~~ENROLLED~~
891		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
	890	+
	891	+	CS/CS/HB 1517, Engrossed 1 2023
892	892
893	893
894	894
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898	898		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
899	899
900	900
901	901
902	902		opportunity to review the plan. Also, appropriate volunteer 601
903	903		organizations must be given the opportunity to review the plan. 602
904	904		The local emergency management agency shall complete its review 603
905	905		within 60 days and either approve the plan or advise the 604
906	906		facility or program of necessary revisions. 605
907	907		(9) The agency may conduct unan nounced inspections to 606
908	908		determine compliance by foster care facilities, group home 607
909	909		facilities, residential habilitation centers, and adult day 608
910	910		training comprehensive transitional education programs with the 609
911	911		applicable provisions of this chapter and the rule s adopted 610
912	912		pursuant hereto, including the rules adopted for training staff 611
913	913		of a facility or an adult day training a program to detect, 612
914	914		report, and prevent sexual abuse, abuse, neglect, exploitation, 613
915	915		and abandonment, as defined in ss. 39.01 and 415.102, of 614
916	916		residents and clients. The facility or adult day training 615
917	917		program shall make copies of inspection reports available to the 616
918	918		public upon request. 617
919	919		(10) Each facility or program licensed under this section 618
920	920		shall forward annually to the agency a true and accur ate sworn 619
921	921		statement of its costs of providing care to clients funded by 620
922	922		the agency. 621
923	923		(11) The agency may audit the records of any facility or 622
924	924		program that it has reason to believe may not be in full 623
925	925		compliance with the provisions of this section; provided that, 624
926	926		any financial audit of such facility or program is shall be 625
927		-	~~ENROLLED~~
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935	935		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
936	936
937	937
938	938
939	939		limited to the records of clients funded by the agency. 626
940	940		(12) The agency shall establish, for the purpose of 627
941	941		control of licensure costs, a uniform management information 628
942	942		system and a uniform reporting system with uniform definitions 629
943	943		and reporting categories. 630
944	944		(13) Facilities and adult day training programs licensed 631
945	945		under pursuant to this section shall adhere to all rights 632
946	946		specified in s. 393.13 , including those enumerated in s. 633
947	947		393.13(4). 634
948	948		(14) The agency may not authorize funds or services to an 635
949	949		unlicensed facility or , beginning October 1, 2024, an adult day 636
950	950		training program that requires a license under this section may 637
951	951		not receive state funds . A license for the operation of a 638
952	952		facility or an adult day training program may shall not be 639
953	953		renewed if the licensee has any outstanding fines assessed 640
954	954		pursuant to this chapter wherein final adjudication of such 641
955	955		fines has been entered. 642
956	956		(15) The agency is not required to contract with 643
957	957		facilities or adult day training programs licensed under 644
958	958		pursuant to this chapter. 645
959	959		Section 7. Section 393.0673, Florida Statutes, is amended 646
960	960		to read: 647
961	961		393.0673 Denial, suspension, or revocation of license; 648
962	962		moratorium on admissions; administrative fines; procedures .— 649
963	963		(1) The following constitute grounds for which the agency 650
964		-	~~ENROLLED~~
965		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
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967	967
968	968
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972	972		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
973	973
974	974
975	975
976	976		may take disciplinary action, including revoking or suspending 651
977	977		revoke or suspend a license and imposing or impose an 652
978	978		administrative fine, not to exceed $1,000 per violation per day , 653
979	979		if: 654
980	980		(a) The licensee has: 655
981	981		1. Falsely represented or omitted a material fact in its 656
982	982		license application submitted under s. 393.067; 657
983	983		2. Had prior action taken against it under the Medicaid or 658
984	984		Medicare program; or 659
985	985		3. Failed to comply with the applicable requirements of 660
986	986		this chapter or rules applicable to the licensee; or 661
987	987		(b) The Department of Children and Families has verified 662
988	988		that the licensee is responsible for the abuse, neglect, or 663
989	989		abandonment of a child or the abuse, neglect, or exploitation of 664
990	990		a vulnerable adult. 665
991	991		(2) For purposes of disciplinary action under this section 666
992	992		for verified findings of abuse, neglect, abandonment, or 667
993	993		exploitation of a child or vulnerable adult, the licensee is 668
994	994		responsible not only for administration of the facilities in 669
995	995		compliance with the standards provided by statute and 670
996	996		administrative rule, but is ultimately responsible for the care 671
997	997		and supervision of the clients in the facility or the 672
998	998		participants of the program. 673
999	999		(a) A licensee may not delegate to others the ultima te 674
1000	1000		responsibility for the safety of the clients in its care. 675
1001		-	~~ENROLLED~~
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1009	1009		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
1010	1010
1011	1011
1012	1012
1013	1013		(b) A licensee is subject to disciplinary action for an 676
1014	1014		employee's lapse in care or supervision of the clients at the 677
1015	1015		facility or the participants of the program in which a verified 678
1016	1016		finding of abuse, neglect, abandonment, or exploitation 679
1017	1017		occurred. 680
1018	1018		(c) Remedial action taken by the licensee does not affect 681
1019	1019		the agency's ability to impose disciplinary action for the 682
1020	1020		underlying violation. 683
1021	1021		(3) The agency may deny an application for licensure 684
1022	1022		submitted under s. 393.067 if: 685
1023	1023		(a) The applicant has: 686
1024	1024		1. Falsely represented or omitted a material fact in its 687
1025	1025		license application submitted under s. 393.067; 688
1026	1026		2. Had prior action taken against it under the Medicaid or 689
1027	1027		Medicare program; 690
1028	1028		3. Failed to comply with the applicable requirements of 691
1029	1029		this chapter or rules applicable to the applicant; or 692
1030	1030		4. Previously had a license to operate a residential 693
1031	1031		facility or adult day training program revoked by the agency, 694
1032	1032		the Department of Children and Families, or th e Agency for 695
1033	1033		Health Care Administration; or 696
1034	1034		(b) The Department of Children and Families has verified 697
1035	1035		that the applicant is responsible for the abuse, neglect, or 698
1036	1036		abandonment of a child or the abuse, neglect, or exploitation of 699
1037	1037		a vulnerable adult; or 700
1038		-	~~ENROLLED~~
1039		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
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1041	1041
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1046	1046		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
1047	1047
1048	1048
1049	1049
1050	1050		(c) The agency has determined that there is clear and 701
1051	1051		convincing evidence that the applicant is unqualified for a 702
1052	1052		license because of a lack of good moral character. For purposes 703
1053	1053		of this paragraph, the term "good moral character" means a 704
1054	1054		personal history of h onesty, fairness, and respect for the 705
1055	1055		rights of others and for the laws of this state and the Federal 706
1056	1056		Government. 707
1057	1057		(4)(3) All hearings must shall be held within the county 708
1058	1058		in which the licensee or applicant operates or applies for a 709
1059	1059		license to operate a f acility or adult day training program as 710
1060	1060		defined herein. 711
1061	1061		(5)(4) The agency, as a part of any final order issued by 712
1062	1062		it under this chapter, may impose such fine as it deems proper, 713
1063	1063		except that such fine may not exceed $1,000 for each violation. 714
1064	1064		Each day a violation of this chapter occurs constitutes a 715
1065	1065		separate violation and is subject to a separate fine, but in no 716
1066	1066		event may the aggregate amount of any fine exceed $10,000. Fines 717
1067	1067		paid by any facility licensee under the provisions of this 718
1068	1068		subsection shall be d eposited in the Health Care Trust Fund and 719
1069	1069		expended as provided in s. 400.063. 720
1070	1070		(6)(5) The agency may issue an order immediately 721
1071	1071		suspending or revoking a license when it determines that any 722
1072	1072		condition of in the facility or adult day training program 723
1073	1073		presents a danger to the health, safety, or welfare of the 724
1074	1074		residents in the facility or the program participants . 725
1075		-	~~ENROLLED~~
1076		-	CS/CS/HB 1517, Engrossed 1 2023 ~~Legislature~~
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1078	1078
1079	1079
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1083	1083		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
1084	1084
1085	1085
1086	1086
1087	1087		(7)(6) The agency may impose an immediate moratorium on 726
1088	1088		admissions to any facility or service authorizations to a 727
1089	1089		facility or adult day training program when the agency 728
1090	1090		determines that any condition of in the facility or adult day 729
1091	1091		training program presents a threat to the health, safety, or 730
1092	1092		welfare of the residents in the facility or the program 731
1093	1093		participants. 732
1094	1094		(8)(7) The agency shall establish by rule criteria for 733
1095	1095		evaluating the severity of violations and for determining the 734
1096	1096		amount of fines imposed. 735
1097	1097		Section 8. Subsection (1) of section 393.0678, Florida 736
1098	1098		Statutes, is amended to read: 737
1099	1099		393.0678 Receivership proceedings. — 738
1100	1100		(1) The agency may pet ition a court of competent 739
1101	1101		jurisdiction for the appointment of a receiver for a 740
1102	1102		comprehensive transitional education program, a residential 741
1103	1103		habilitation center, or a group home facility owned and operated 742
1104	1104		by a corporation or partnership when any of the fol lowing 743
1105	1105		conditions exist: 744
1106	1106		(a) Any person is operating a facility without a license 745
1107	1107		and refuses to make application for a license as required by s. 746
1108	1108		393.067. 747
1109	1109		(b) The licensee is closing the facility or has informed 748
1110	1110		the agency department that it intends to close the facility; and 749
1111	1111		adequate arrangements have not been made for relocation of the 750
1112		-	~~ENROLLED~~
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1115	1115
1116	1116
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1120	1120		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
1121	1121
1122	1122
1123	1123
1124	1124		residents within 7 days, exclusive of weekends and holidays, of 751
1125	1125		the closing of the facility. 752
1126	1126		(c) The agency determines that conditions exist in the 753
1127	1127		facility which present an imminent danger to the health, safety, 754
1128	1128		or welfare of the residents of the facility or which present a 755
1129	1129		substantial probability that death or serious physical harm 756
1130	1130		would result therefrom. Whenever possible, the agency shall 757
1131	1131		facilitate the continued o peration of the program. 758
1132	1132		(d) The licensee cannot meet its financial obligations to 759
1133	1133		provide food, shelter, care, and utilities. Evidence such as the 760
1134	1134		issuance of bad checks or the accumulation of delinquent bills 761
1135	1135		for such items as personnel salaries, food, drugs, or utilities 762
1136	1136		constitutes prima facie evidence that the ownership of the 763
1137	1137		facility lacks the financial ability to operate the home in 764
1138	1138		accordance with the requirements of this chapter and all rules 765
1139	1139		adopted promulgated thereunder. 766
1140	1140		Section 9. Subsection (2) of section 393.135, Florida 767
1141	1141		Statutes, is amended to read: 768
1142	1142		393.135 Sexual misconduct prohibited; reporting required; 769
1143	1143		penalties.— 770
1144	1144		(2) A covered person who engages in sexual misconduct with 771
1145	1145		an individual with a developmental disability who: 772
1146	1146		(a) Resides in a residential facility, including any 773
1147	1147		comprehensive transitional education program, developmental 774
1148	1148		disabilities center, foster care facility, group home facility, 775
1149		-	~~ENROLLED~~
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1152	1152
1153	1153
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1157	1157		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
1158	1158
1159	1159
1160	1160
1161	1161		intermediate care facility for the developmentally disabled, or 776
1162	1162		residential habilitation center; or 777
1163	1163		(b) Is eligible to receive services from the agency under 778
1164	1164		this chapter, 779
1165	1165		780
1166	1166		commits a felony of the second degree, punishable as provided in 781
1167	1167		s. 775.082, s. 775.083, or s. 775.084. A covered person may be 782
1168	1168		found guilty of violating this subsection without having 783
1169	1169		committed the crime of sexual battery. 784
1170	1170		Section 10. Section 393.18, Florida Statutes, is repealed. 785
1171	1171		Section 11. Paragraph (c) of subsection (3) of section 786
1172	1172		394.875, Florida Statutes, is amended to read: 787
1173	1173		394.875 Crisis stabi lization units, residential treatment 788
1174	1174		facilities, and residential treatment centers for children and 789
1175	1175		adolescents; authorized services; license required. — 790
1176	1176		(3) The following are exempt from licensure as required in 791
1177	1177		ss. 394.455-394.903: 792
1178	1178		(c) Comprehensive transitional education programs licensed 793
1179	1179		under s. 393.067. 794
1180	1180		Section 12. Paragraph (b) of subsection (1) of section 795
1181	1181		383.141, Florida Statutes, is amended to read: 796
1182	1182		383.141 Prenatally diagnosed conditions; patient to be 797
1183	1183		provided information; definitions; information clearinghouse; 798
1184	1184		advisory council.— 799
1185	1185		(1) As used in this section, the term: 800
1186		-	~~ENROLLED~~
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1189	1189
1190	1190
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1194	1194		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
1195	1195
1196	1196
1197	1197
1198	1198		(b) "Developmental disability" includes Down syndrome and 801
1199	1199		other developmental disabilities defined by s. 393.063 s. 802
1200	1200		393.063(12). 803
1201	1201		Section 13. Subsection (1) of sec tion 400.063, Florida 804
1202	1202		Statutes, is amended to read: 805
1203	1203		400.063 Resident protection. — 806
1204	1204		(1) The Health Care Trust Fund shall be used for the 807
1205	1205		purpose of collecting and disbursing funds generated from the 808
1206	1206		license fees and administrative fines as provided for i n ss. 809
1207	1207		393.0673(5) ss. 393.0673(4), 400.062(3), 400.121(2), and 810
1208	1208		400.23(8). Such funds shall be for the sole purpose of paying 811
1209	1209		for the appropriate alternate placement, care, and treatment of 812
1210	1210		residents who are removed from a facility licensed under this 813
1211	1211		part or a facility specified in s. 393.0678(1) in which the 814
1212	1212		agency determines that existing conditions or practices 815
1213	1213		constitute an immediate danger to the health, safety, or 816
1214	1214		security of the residents. If the agency determines that it is 817
1215	1215		in the best interest of t he health, safety, or security of the 818
1216	1216		residents to provide for an orderly removal of the residents 819
1217	1217		from the facility, the agency may utilize such funds to maintain 820
1218	1218		and care for the residents in the facility pending removal and 821
1219	1219		alternative placement. The ma intenance and care of the residents 822
1220	1220		shall be under the direction and control of a receiver appointed 823
1221	1221		pursuant to s. 393.0678(1) or s. 400.126(1). However, funds may 824
1222	1222		be expended in an emergency upon a filing of a petition for a 825
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1231	1231		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
1232	1232
1233	1233
1234	1234
1235	1235		receiver, upon the declaratio n of a state of local emergency 826
1236	1236		pursuant to s. 252.38(3)(a)5., or upon a duly authorized local 827
1237	1237		order of evacuation of a facility by emergency personnel to 828
1238	1238		protect the health and safety of the residents. 829
1239	1239		Section 14. Paragraph (d) of subsection (2) of se ction 830
1240	1240		1002.394, Florida Statutes, is amended to read: 831
1241	1241		1002.394 The Family Empowerment Scholarship Program. — 832
1242	1242		(2) DEFINITIONS.—As used in this section, the term: 833
1243	1243		(d) "Disability" means, for a 3 - or 4-year-old child or 834
1244	1244		for a student in kindergarten to g rade 12, autism spectrum 835
1245	1245		disorder, as defined in the Diagnostic and Statistical Manual of 836
1246	1246		Mental Disorders, Fifth Edition, published by the American 837
1247	1247		Psychiatric Association; cerebral palsy, as defined in s. 838
1248	1248		393.063; Down syndrome, as defined in s. 393.063; an 839
1249	1249		intellectual disability, as defined in s. 393.063; a speech 840
1250	1250		impairment; a language impairment; an orthopedic impairment; any 841
1251	1251		an other health impairment; an emotional or a behavioral 842
1252	1252		disability; a specific learning disability, including, but not 843
1253	1253		limited to, dyslexia, dyscalculia, or developmental aphasia; 844
1254	1254		Phelan-McDermid syndrome, as defined in s. 393.063; Prader -Willi 845
1255	1255		syndrome, as defined in s. 393.063; spina bifida, as defined in 846
1256	1256		s. 393.063; being a high -risk child, as defined in s. 847
1257	1257		393.063(22)(a) s. 393.063(23)(a); muscular dystrophy; Williams 848
1258	1258		syndrome; rare diseases which affect patient populations of 849
1259	1259		fewer than 200,000 individuals in the United States, as defined 850
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1263	1263
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1269	1269
1270	1270
1271	1271
1272	1272		by the National Organization for Rare Disorders; anaphylaxis; a 851
1273	1273		hearing impairment, incl uding deafness; a visual impairment, 852
1274	1274		including blindness; traumatic brain injury; hospital or 853
1275	1275		homebound; or identification as dual sensory impaired, as 854
1276	1276		defined by rules of the State Board of Education and evidenced 855
1277	1277		by reports from local school districts. T he term "hospital or 856
1278	1278		homebound" includes a student who has a medically diagnosed 857
1279	1279		physical or psychiatric condition or illness, as defined by the 858
1280	1280		state board in rule, and who is confined to the home or hospital 859
1281	1281		for more than 6 months. 860
1282	1282		Section 15. This act shall take effect July 1, 2023. 861