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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Agency for Persons with 2
Disabilities; renaming ch. 393, F.S., as "Persons with 3
Disabilities"; providing for a type two transfer of 4
primary powers and duties relating to the Division of 5
Vocational Rehabilitation, the Division of Blind 6
Services, and the Federal Rehabilitation Trust Fund 7
from the Department of Education to the Agency for 8
Persons with Disabilities; specifying that certain 9
binding contracts and interagency agreements remain 10
binding; providing that the Department of Educati on 11
shall continue operations of certain direct -support 12
organizations for a specified timeframe; providing for 13
the transition of such operations; requiring the 14
transfer of specified funds; transferring duties 15
related to submission of specified amendments, 16
supplemental information, or waivers to the Federal 17
Government; providing for a type two transfer of 18
certain programs of the department to the agency; 19
providing legislative intent; directing applicable 20
units of state government to contribute to 21
implementation of the act; specifying a transition 22
period; requiring the secretary of the Agency for 23
Persons with Disabilities and the Commissioner of 24
Education to each designate a transition coordinator 25
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to implement the transition; providing for the 26
establishment of a transition advisory working group; 27
specifying duties of the working group; requiring that 28
any adjustments to the operating budgets be made in 29
consultation with the appropriate committees of the 30
Legislature; amending s. 20.15, F.S.; removing 31
specified divisions from the Department of Education; 32
amending s. 20.197, F.S.; designating the Agency for 33
Persons with Disabilities as a separate department 34
rather than as being housed within the Department of 35
Children and Families; providing the purposes of the 36
agency; providing that the head of the agency is the 37
secretary of the Agency for Persons with Disabilities, 38
rather than the director; conforming provisions to 39
changes made by the act; amending s. 20.1971, F.S.; 40
requiring the agency to administer the Federal 41
Rehabilitation Trust Fund; providing requirements for 42
the use of specified funds; providing that any 43
unexpended balance at a specified time remains in such 44
trust fund for certain purpose; making technical 45
changes; amending s. 393.062, F.S.; providing and 46
revising legislative findings and intent; providing 47
the mission of the agency; creating s. 393.0621, F.S.; 48
providing agency duties and responsibilities; amending 49
s. 393.063, F.S.; providing and revising definitions; 50
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amending s. 393.065, F.S.; requiring the age ncy to 51
participate in certain transition planning activities 52
for certain eligible individuals; creating s. 53
393.0664, F.S.; requiring the agency to implement a 54
specified Medicaid waiver program to address the needs 55
of certain clients; providing the purpose of the 56
program; authorizing the agency, in partnership with 57
the Agency for Health Care Administration, to seek 58
federal approval through a state plan amendment or 59
Medicaid waiver to implement the program by a 60
specified date; providing voluntary enrollment, 61
eligibility, and disenrollment requirements; requiring 62
the agency to approve a needs assessment methodology; 63
providing that only persons trained by the agency may 64
administer the methodology; requiring the agency to 65
offer such training; requiring the agency to authorize 66
certain covered services specified in the Medicaid 67
waiver; providing requirements for such services; 68
requiring the agency to begin enrollment in the 69
program upon federal approval; providing construction; 70
requiring the agency, in consultation with the Agency 71
for Health Care Administration, to submit progress 72
reports to the Governor and the Legislature upon 73
federal approval and throughout implementation of the 74
program; requiring the agency to submit, by a 75
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specified date, a progress report on the 76
administration of the program; specifying requirements 77
for the report; amending s. 393.502, F.S.; creating 78
the statewide family care council for specified 79
purposes; specifying duties of the statewide council; 80
creating local family care councils for specif ied 81
purposes; requiring the statewide council to submit 82
annual reports to the agency by a specified date; 83
providing requirements for the reports; requiring 84
local councils to submit annual reports to the 85
statewide council; providing requirements for the 86
reports; specifying duties of the local councils; 87
providing for funding and financial reviews of the 88
councils; revising membership requirements and meeting 89
requirements for the councils; creating s. 413.001, 90
F.S.; providing legislative intent for and purpose of 91
the agency; amending s. 413.271, F.S.; revising 92
membership of a specified council; amending ss. 93
90.6063, 110.112, 215.311, 257.04, 318.21, 320.0848, 94
393.13, 394.75, 402.56, 409.9855, 410.604, 413.011, 95
413.0111, 413.033, 413.035, 413.036, 413.037, 413.05 1, 96
413.091, 413.092, 413.20, 413.201, 413.203, 413.402, 97
413.405, 413.407, 413.445, 413.615, 413.80, 413.801, 98
427.012, 943.0585, 943.059, 1002.394, 1003.575, 99
1004.6495, and 1012.582, F.S.; conforming provisions 100
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and cross-references to changes made by the ac t; 101
providing an effective date. 102
103
WHEREAS, the Agency for Persons with Disabilities serves as 104
the primary agency administering support to all individuals with 105
disabilities in living, learning, and working within their 106
communities by creating multiple p athways to possibilities for 107
such individuals and their families, and 108
WHEREAS, the agency accomplishes its mission by 109
streamlining access to support and services for individuals with 110
disabilities, providing care navigation to assist them in 111
realizing their potential and thriving in their communities; 112
programs that provide Medicaid waivers, vocational 113
rehabilitation, and blind services; the Florida Unique Abilities 114
Partner Program; and a host of other necessary supports and 115
services, and 116
WHEREAS, the mission of the agency is to develop community -117
based programs and services for individuals with disabilities 118
and to work with private businesses, nonprofit organizations, 119
units of local government, and other organizations capable of 120
providing needed services to individuals with disabilities to 121
provide opportunities for success to such individuals, and 122
WHEREAS, this state continues to develop multiple 123
innovative pathways to serve individuals with disabilities and 124
their families, including advancing the continuum of care to 125
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provide a robust and consistent system that promotes quality of 126
life in daily living, community integration, and goal -based 127
achievement, NOW, THEREFORE, 128
129
Be It Enacted by the Legislature of the State of Florida: 130
131
Section 1. Chapter 393, Florida Statutes, entitled 132
"Developmental Disabilities," is renamed "Persons with 133
Disabilities." 134
Section 2. Type two transfer from the Department of 135
Education.— 136
(1) All powers, duties, functions, records, offices, 137
personnel, associated administrative s upport positions, 138
property, pending issues, existing contracts, administrative 139
authority, administrative rules, and unexpended balances of 140
appropriations, allocations, and other funds relating to the 141
Division of Vocational Rehabilitation, the Division of B lind 142
Services, and the Federal Rehabilitation Trust Fund in the 143
Department of Education are transferred by a type two transfer, 144
as described in s. 20.06(2), Florida Statutes, from the 145
Department of Education to the Agency for Persons with 146
Disabilities. 147
(2) Any binding contract or interagency agreement existing 148
before September 30, 2026, between the Division of Blind 149
Services, the Division of Vocational Rehabilitation, or an 150
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entity or agent of those divisions and any other agency, entity, 151
or person must continue as a binding contract or agreement for 152
the remainder of the term of such contract or agreement on the 153
successor department, agency, or entity responsible for the 154
program, activity, or functions relative to the contract or 155
agreement. The Department o f Education shall continue the 156
operations of any direct -support organization created under 157
chapter 413, Florida Statutes, until full implementation of the 158
transition plan or October 1, 2027, whichever occurs first. The 159
transition must include the transfer of powers, duties, 160
functions, records, offices, personnel, property, pending 161
issues, and existing contracts related to any direct -support 162
organizations created under chapter 413, Florida Statutes. 163
(3) Any funds held in trust which were donated to or 164
earned by the Division of Blind Services or the Division of 165
Vocational Rehabilitation must be transferred in conjunction 166
with the direct-support organization created pursuant to s. 167
413.0111, Florida Statutes, as appropriate, and used for the 168
original purposes. 169
(4) Duties related to applicable federal authority in 170
connection with any federal program operated by or federal 171
funding received by the state must transfer to the Agency for 172
Persons with Disabilities to allow the timely submission of any 173
necessary amendments, supplemental information, or waivers 174
concerning plans that the state or an entity specified in 175
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subsection (3) is required to submit to the applicable federal 176
departments or agencies or that, pursuant to federal laws or 177
regulations, are necessary to administer this act. 178
(5) All powers, duties, functions, records, offices, 179
personnel, property, pending issues, existing contracts, 180
administrative authority, administrative rules, and unexpended 181
balances of appropriations, allocations, and other funds of the 182
Department of Education relating to the programs transferred to 183
the Agency for Persons with Disabilities under subsection (1) 184
which are not specifically transferred by this section are 185
transferred by a type two transfer, as defined in s. 20.06(2), 186
Florida Statutes, to the Agency for Persons with Disabilities. 187
(6) The Agency for Persons with Disabilities and the 188
Department of Education shall jointly notify the United States 189
Department of Education of the change in grant recipient for any 190
applicable federal funding. 191
(7) It is the intent of the Legislature that all 192
transition activities be completed on or before October 1, 2027, 193
and that the changes made by this section be accomplished with 194
minimal disruption of services provided to the public and 195
minimal disruption to employees of any affected organization. To 196
that end, the Legislature directs all applicable units of state 197
government to contribute to the successful implementation of 198
this act, and declares that a transition period between July 1, 199
2025, and October 1, 2027, is appropriate and warranted, and is 200
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hereby established. 201
Section 3. (1) The secretary of the Agency for Persons 202
with Disabilities and the Commissioner of Education shall each 203
designate a transition coordinator to serve as the pr imary 204
representative on a transition advisory working group for 205
matters related to implementing this act and the transition 206
plans required under this act. The transition coordinators may 207
recommend to the secretary and the commissioner a team of 208
subject-matter experts to fulfill transition duties and submit 209
progress reports on any activity, duty, or function performed 210
under this act. 211
(2) The secretary and the commissioner shall each appoint 212
three staff members to the transition advisory working group to 213
review and make determinations on the following: 214
(a) The appropriate proportionate number of 215
administrative, auditing, inspector general, attorney, and 216
operational support positions and their related funding levels 217
and sources and assigned property to be t ransferred from the 218
Office of General Counsel, Office of Inspector General, and 219
Division of Administrative Services or other relevant offices or 220
divisions within the Department of Education to the Agency for 221
Persons with Disabilities. 222
(b) The development of a recommended plan addressing the 223
transfers or shared use of buildings, regional offices, and 224
other facilities used or owned by the Department of Education. 225
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(c) Any operating budget adjustments necessary to 226
implement the requirements of this act. Adj ustments made to the 227
operating budgets of the Agency for Persons with Disabilities 228
and the Department of Education in the implementation of this 229
act must be made in consultation with the appropriate 230
substantive and fiscal committees of the Senate and the H ouse of 231
Representatives. 232
Section 4. Paragraphs (e) and (f) of subsection (3) of 233
section 20.15, Florida Statutes, are amended to read: 234
20.15 Department of Education. —There is created a 235
Department of Education. 236
(3) DIVISIONS.—The following divisions of the Department 237
of Education are established: 238
(e) Division of Vocational Rehabilitation. 239
(f) Division of Blind Services. 240
Section 5. Section 20.197, Florida Statutes, is amended to 241
read: 242
20.197 Agency for Persons with Disabilities. — 243
(1) Notwithstanding s. 20.04(1), there is created a 244
department, which shall be called the Agency for Persons with 245
Disabilities, for the purposes of: 246
(a) Serving as the single state agency providing multiple 247
pathways for success for persons with disabilities. 248
(b) Providing services under chapter 393 to persons with 249
disabilities, including overseeing the operation of all state 250
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institutional programs and the programmatic management of 251
Medicaid waivers and other programs established to provide 252
services to persons wit h developmental disabilities. 253
(c) Providing services under chapter 413 to persons with 254
disabilities. 255
(2) The head of the agency is the secretary of the Agency 256
for Persons with Disabilities and shall be appointed by the 257
Governor, subject to confirmation by the Senate. The secretary 258
shall serve at the pleasure of and report to the Governor housed 259
within the Department of Children and Families for 260
administrative purposes only. The agency shall be a separate 261
budget entity not subject to control, supervision , or direction 262
by the Department of Children and Families in any manner, 263
including, but not limited to, personnel, purchasing, 264
transactions involving real or personal property, and budgetary 265
matters. 266
(3)(1) The director of the agency shall be the agency head 267
for all purposes and shall be appointed by the Governor, subject 268
to confirmation by the Senate, and shall serve at the pleasure 269
of the Governor. The secretary director shall administer the 270
affairs of the agency and may, within available resources, 271
employ assistants, professional staff, and other employees as 272
necessary to discharge the powers and duties of the agency. 273
(4)(2) The agency, shall include a Division of Budget and 274
Planning and a Division of Operations. In addition, and in 275
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accordance with s. 20.04, shall establish the director of the 276
agency may recommend establishing additional divisions, bureaus, 277
sections, and subsections of the agency in order to promote 278
efficient and effective operation of the agency. 279
(3) The agency is responsible for providing all services 280
provided to persons with developmental disabilities under 281
chapter 393, including the operation of all state institutional 282
programs and the programmatic management of Medicaid waivers 283
established to provide services to persons with developmental 284
disabilities. 285
(5)(4) The agency shall engage in such other programmatic 286
and administrative activities as it deems are deemed necessary 287
to effectively and efficiently address the needs of the agency's 288
clients. 289
(6)(5) The agency shall enter into an interagency 290
agreement that delineates the responsibilities of the Agency for 291
Health Care Administration for the following: 292
(a) The terms and execution of contracts with Medicaid 293
providers for the provision of services provided thro ugh 294
Medicaid, including federally approved waiver programs. 295
(b) The billing, payment, and reconciliation of claims for 296
Medicaid services reimbursed by the agency. 297
(c) The implementation of utilization management measures, 298
including the prior authorizat ion of services plans and the 299
streamlining and consolidation of waiver services, to ensure the 300
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cost-effective provision of needed Medicaid services and to 301
maximize the number of persons with access to such services. 302
(d) A system of approving each client' s plan of care to 303
ensure that the services on the plan of care are those that 304
without which the client would require the services of an 305
intermediate care facility for the developmentally disabled. 306
Section 6. Section 20.1971, Florida Statutes, is amende d 307
to read: 308
20.1971 Agency for Persons with Disabilities; trust 309
funds.—The following trust funds shall be administered by the 310
Agency for Persons with Disabilities: 311
(1) THE ADMINISTRATIVE TRUST FUND. — 312
(a) Funds to be credited to the trust fund shall consist 313
of federal matching funds provided for the administration of 314
Medicaid services. Funds must shall be used for the purpose of 315
supporting the agency's administration of Medicaid programs and 316
for other such purposes as may be appropriate and shall be 317
expended only pursuant to legislative appropriation or an 318
approved amendment to the agency's operating budget pursuant to 319
the provisions of chapter 216. 320
(b) Notwithstanding the provisions of s. 216.301 and 321
pursuant to s. 216.351, any balance in the trust fund at the end 322
of any fiscal year remains shall remain in the trust fund at the 323
end of the year and is shall be available for carrying out the 324
purposes of the trust fund. 325
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(2) THE OPERATIONS AND MAINTENAN CE TRUST FUND.— 326
(a) Funds to be credited to the trust fund shall consist 327
of receipts from third -party payors of health care services such 328
as Medicaid. Funds must shall be used for the purpose of 329
providing health care services to agency clients and for ot her 330
such purposes as may be appropriate and may shall be expended 331
only pursuant to legislative appropriation or an approved 332
amendment to the agency's operating budget pursuant to the 333
provisions of chapter 216. 334
(b) Notwithstanding the provisions of s. 216.301 and 335
pursuant to s. 216.351, any balance in the trust fund at the end 336
of any fiscal year remains shall remain in the trust fund at the 337
end of the year and is shall be available for carrying out the 338
purposes of the trust fund. 339
(3) THE SOCIAL SERVICES BLOCK GRANT TRUST FUND. — 340
(a) Funds to be credited to the trust fund shall consist 341
of federal social services block grant funds. These funds must 342
shall be used for the purpose of providing health care and 343
support services to agency clients and for other s uch purposes 344
as may be appropriate and may shall be expended only pursuant to 345
legislative appropriation or an approved amendment to the 346
agency's operating budget pursuant to the provisions of chapter 347
216. 348
(b) Notwithstanding the provisions of s. 216.301 and 349
pursuant to s. 216.351, any balance in the trust fund at the end 350
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of any fiscal year remains shall remain in the trust fund at the 351
end of the year and is shall be available for carrying out the 352
purposes of the trust fund. 353
(4) THE TOBACCO SETTLEMENT TRUST FUND.— 354
(a) Funds to be credited to the trust fund shall consist 355
of funds disbursed, by nonoperating transfer, from the 356
Department of Financial Services Tobacco Settlement Clearing 357
Trust Fund in amounts equal to the annual appropriations made 358
from this trust fund. 359
(b) Notwithstanding the provisions of s. 216.301 and 360
pursuant to s. 216.351, any unencumbered balance in the trust 361
fund at the end of any fiscal year and any encumbered balance 362
remaining undisbursed on September 30 of the same calendar ye ar 363
reverts shall revert to the Department of Financial Services 364
Tobacco Settlement Clearing Trust Fund. 365
(5) THE FEDERAL GRANTS TRUST FUND. — 366
(a) Funds to be credited to the trust fund shall consist 367
of receipts from federal grants. These funds must shall be used 368
for the purpose of providing health care services to agency 369
clients and for other such purposes as may be appropriate and 370
may shall be expended only pursuant to legislative appropriation 371
or an approved amendment to the agency's operating budget 372
pursuant to the provisions of chapter 216. 373
(b) Notwithstanding the provisions of s. 216.301 and 374
pursuant to s. 216.351, any balance in the trust fund at the end 375
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of any fiscal year remains shall remain in the trust fund at the 376
end of the year and is shall be available for carrying out the 377
purposes of the trust fund. 378
(6) THE FEDERAL REHABILITATION TRUST FUND. — 379
(a) Funds to be credited to the trust fund shall consist 380
of receipts from federal grants. These funds must be used for 381
the purpose of providing ind ependent living skills, education, 382
medical treatment, and assistive devices for individuals with 383
disabilities so that they may lead productive lives and join the 384
workforce. 385
(b) Notwithstanding s. 216.301 and pursuant to s. 216.351, 386
any balance in the tru st fund at the end of any fiscal year 387
remains in the trust fund at the end of the year and is 388
available for carrying out the purposes of the trust fund. 389
Section 7. Section 393.062, Florida Statutes, is amended 390
to read: 391
393.062 Legislative findings an d declaration of intent. —392
The Legislature finds and intends declares that the Agency for 393
Persons with Disabilities serve as the single state agency for 394
all individuals with disabilities in this state. The mission of 395
the agency is to support individuals with disabilities and their 396
families in living, learning, and working within their 397
communities by creating multiple pathways to possibilities for 398
such individuals and their families existing state programs for 399
the treatment of individuals with developmental di sabilities, 400
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which often unnecessarily place clients in institutions, are 401
unreasonably costly, are ineffective in bringing the individual 402
client to his or her maximum potential, and are in fact 403
debilitating to many clients. A redirection in state treatment 404
programs for individuals with developmental disabilities is 405
necessary if any significant amelioration of the problems faced 406
by such individuals is ever to take place. Such redirection 407
should place primary emphasis on programs that prevent or reduce 408
the severity of developmental disabilities . Further, The 409
greatest priority shall be given to the development and 410
implementation of community -based services that will enable 411
individuals with developmental disabilities to achieve their 412
greatest potential for indepe ndent and productive living, enable 413
them to live in their own homes or in residences located in 414
their own communities, and permit them to be diverted or removed 415
from unnecessary institutional placements. This goal cannot be 416
met without ensuring the availab ility of community residential 417
opportunities in the residential areas of this state. The 418
Legislature, therefore, declares that all persons with 419
developmental disabilities who live in licensed community homes 420
shall have a family living environment comparabl e to other 421
Floridians and that such residences shall be considered and 422
treated as a functional equivalent of a family unit and not as 423
an institution, business, or boarding home. The Legislature 424
further declares that, in developing community -based programs 425
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and services for individuals with developmental disabilities, 426
private businesses, not -for-profit corporations, units of local 427
government, and other organizations capable of providing needed 428
services to clients in a cost -efficient manner shall be given 429
preference in lieu of operation of programs directly by state 430
agencies. Finally, it is the intent of the Legislature that all 431
caretakers unrelated to individuals with developmental 432
disabilities receiving care shall be of good moral character. 433
Section 8. Section 393.0621, Florida Statutes, is created 434
to read: 435
393.0621 Duties and responsibilities of the agency. — 436
The agency shall: 437
(1) Serve as the primary agency administering support to 438
individuals with disabilities in living, learning, and working 439
within their communities by creating multiple pathways to 440
possibilities for such individuals and their families, among 441
other responsibilities. 442
(2) Administer, as deemed fit by the agency and in 443
accordance with law, developmental disabilities home and 444
community-based Medicaid waiver programs. 445
(3) Develop community -based programs and services for 446
individuals with disabilities and work with private businesses, 447
nonprofit organizations, faith -based entities, units of local 448
government, and other organizations capabl e of providing needed 449
services to individuals with disabilities to provide 450
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opportunities for success to such individuals. 451
(4) Advise the Governor and the Legislature regarding the 452
need for and location of programs related to disabilities. 453
(5) Serve as the preeminent state authority on individuals 454
with disabilities and, when necessary, advise, set standards 455
for, and propose recommendations to other entities serving 456
individuals with disabilities. 457
(6) Advocate for quality programs and services for the 458
state's disabled population and on behalf of the needs of 459
individuals with disabilities. 460
(7) Purchase, lease, or otherwise acquire material to 461
advertise, market, and promote awareness of services available 462
to enable individuals with disabilities to achie ve greater 463
independence. 464
(8) Prevent neglect, abuse, or exploitation of individuals 465
with disabilities who are unable to protect their own interests. 466
(9) Conduct studies and collect data necessary for the 467
success of its mission. 468
(10) Coordinate interd epartmental policy development and 469
program planning for all state agencies that provide services 470
for individuals with disabilities in order to prevent 471
duplicative efforts, to maximize use of resources, and to ensure 472
cooperation, communication, and departme ntal linkages. 473
Section 9. Present subsections (6) through (46) of section 474
393.063, Florida Statutes, are redesignated as subsections (7) 475
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through (47), respectively, a new subsection (6) is added to 476
that section, and present subsections (6), (7), (10), (13), 477
(18), (20), (31), (37), and (46) of that section are amended, to 478
read: 479
393.063 Definitions. —For the purposes of this chapter, the 480
term: 481
(6) "Care plan" means a written tool that contains 482
information provided by the individual with disabilities or his 483
or her guardian advocate or representative which is used to 484
develop attainable milestones and corresponding timelines to 485
address immediate, intermediate, and long -term needs and goals 486
through the coordination of resources and support. 487
(7)(6) "Cerebral palsy" means a group of disabling 488
symptoms of extended duration which results from damage to the 489
developing brain that may occur before, during, or after birth 490
and that results in the loss or impairment of control over 491
voluntary muscles. The term For the purposes of this definition, 492
cerebral palsy does not include those symptoms or impairments 493
resulting solely from a stroke. 494
(8)(7) "Client" means any individual with disabilities who 495
receives services or support from the agency under this chapter 496
or chapter 413 person determined eligible by the agency for 497
services under this chapter . 498
(11)(10) "Developmental disabilities center" means a 499
state-owned and state-operated facility, formerly known as a 500
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"Sunland Center," providing for the care, habilitation, a nd 501
rehabilitation of clients with developmental disabilities . 502
(14)(13) "Domicile" means the place where a client legally 503
resides and which is his or her permanent home. Domicile may be 504
established as provided in s. 222.17. Domicile may not be 505
established in Florida by a minor who does not have a has no 506
parent domiciled in Florida, or by a minor who has no legal 507
guardian domiciled in Florida, or by any alien not classified as 508
a resident alien. 509
(19)(18) "Group home facility" means a residential 510
facility licensed under this chapter which provides a family 511
living environment including supervision and care necessary to 512
meet the physical, emotional, and social needs of its residents. 513
The capacity of such a facility must shall be at least 4 but not 514
more than 15 residents. 515
(21)(20) "Guardian advocate" means a person appointed by a 516
written order of the court under s. 393.12 to represent a person 517
with developmental disabilities under s. 393.12. 518
(32)(31) "Resident" means a person who has a developmental 519
disability and resides at a residential facility, regardless of 520
whether or not such person is a client of the agency. 521
(38)(37) "Seclusion" means the involuntary isolation of a 522
person in a room or area from which the person is prevented from 523
leaving. The preventi on may be by physical barrier or by a staff 524
member who is acting in a manner, or who is physically situated, 525
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so as to prevent the person from leaving the room or area. For 526
the purposes of this chapter, the term does not mean isolation 527
due to the medical co ndition or symptoms of the person. 528
(47)(46) "Treatment" means interventions or services 529
provided to prevent and lessen a client's symptoms; provide 530
care, comfort, and education to a client; and restore and 531
maintain the health of a client the prevention, amelioration, or 532
cure of a client's physical and mental disabilities or 533
illnesses. 534
Section 10. Paragraph (b) of subsection (5) and paragraph 535
(a) of subsection (11) of section 393.065, Florida Statutes, are 536
amended to read: 537
393.065 Application and eli gibility determination. — 538
(5) Except as provided in subsections (6) and (7), if a 539
client seeking enrollment in the developmental disabilities home 540
and community-based services Medicaid waiver program meets the 541
level of care requirement for an intermediate care facility for 542
individuals with intellectual disabilities pursuant to 42 C.F.R. 543
ss. 435.217(b)(1) and 440.150, the agency must assign the client 544
to an appropriate preenrollment category pursuant to this 545
subsection and must provide priority to clients w aiting for 546
waiver services in the following order: 547
(b) Category 2, which includes clients in the 548
preenrollment categories who are: 549
1. From the child welfare system with an open case in the 550
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Department of Children and Families' statewide automated child 551
welfare information system and who are either: 552
a. Transitioning out of the child welfare system into 553
permanency; or 554
b. At least 18 years but not yet 22 years of age and who 555
need both waiver services and extended foster care services; or 556
2. At least 18 years but not yet 22 years of age and who 557
withdrew consent pursuant to s. 39.6251(5)(c) to remain in the 558
extended foster care system. 559
560
For individuals who are at least 18 years but not yet 22 years 561
of age and who are eligible under sub -subparagraph 1.b., the 562
agency must provide waiver services, including residential 563
habilitation, and must participate in transition planning 564
activities coordinated by the community -based care lead agency, 565
including, but not limited to, transition plan staffing pursuant 566
to s. 39.6035 and multidisciplinary staffing pursuant to s. 567
39.701, including those activities regarding guardianship. and 568
The community-based care lead agency must fund room and board at 569
the rate established in s. 409.145(3) and provide case 570
management and related services as defined in s. 409.986(3)(e). 571
Individuals may receive both waiver services and services under 572
s. 39.6251. Services may not duplicate services available 573
through the Medicaid state plan. 574
575
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Within preenrollment categories 3, 4, 5, 6, and 7, the agency 576
shall prioritize clients in the order of the date that the 577
client is determined eligible for waiver services. 578
(11)(a) The agency must provide the following information 579
to all applicants or their parents, legal guardians, or family 580
members: 581
1. A brief overview of the vocational rehabilitation 582
services offered through the Division of Vocational 583
Rehabilitation of the agency Department of Education , including 584
a hyperlink or website address that provides access to the 585
application for such servic es; 586
2. A brief overview of the Florida ABLE program as 587
established under s. 1009.986, including a hyperlink or website 588
address that provides access to the application for establishing 589
an ABLE account as defined in s. 1009.986(2); 590
3. A brief overview of the supplemental security income 591
benefits and social security disability income benefits 592
available under Title XVI of the Social Security Act, as 593
amended, including a hyperlink or website address that provides 594
access to the application for such benefits; 595
4. A statement indicating that the applicant's local 596
public school district may provide specialized instructional 597
services, including transition programs, for students with 598
special education needs; 599
5. A brief overview of programs and services funded 600
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through the Florida Center for Students with Unique Abilities, 601
including contact information for each state -approved Florida 602
Postsecondary Comprehensive Transition Program; 603
6. A brief overview of decisionmaking options for 604
individuals with disabilities, gu ardianship under chapter 744, 605
and alternatives to guardianship as defined in s. 744.334(1), 606
which may include contact information for organizations that the 607
agency believes would be helpful in assisting with such 608
decisions; 609
7. A brief overview of the ref erral tools made available 610
through the agency, including a hyperlink or website address 611
that provides access to such tools; and 612
8. A statement indicating that some waiver providers may 613
serve private-pay individuals. 614
Section 11. Section 393.0664, Florida Statutes, is created 615
to read: 616
393.0664 Adult Pathways Home and Community -based Services 617
Medicaid waiver program. — 618
(1) PROGRAM IMPLEMENTATION. — 619
(a) The agency shall implement the Adult Pathways Home and 620
Community-based Services Medicaid waiver program using a fee-621
for-service model with an annual per -person funding cap to 622
address the needs of clients with developmental disabilities as 623
they transition into adulthood and achieve greater independence 624
throughout their lifetimes. 625
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(b) The program is created to establish an additional 626
pathway to provide necessary supports and services to clients 627
and contain costs by maximizing the use of natural supports and 628
community partnerships before turning to state resources to meet 629
the needs of clients at the e arliest possible time to prevent 630
care crises and to positively influence outcomes relating to 631
client health, safety, and well -being. 632
(c) The agency, in partnership with the Agency for Health 633
Care Administration, may seek federal approval through a state 634
plan amendment or Medicaid waiver as necessary to implement the 635
program. The Agency for Health Care Administration shall submit 636
a request for any federal approval needed to implement the 637
program by October 1, 2025. 638
(2) VOLUNTARY ENROLLMENT; ELIGIBILITY; DISENROLLMENT.— 639
(a) Participation in the program is voluntary and limited 640
to the maximum number of enrollees authorized in the General 641
Appropriations Act. 642
(b) The agency shall approve a needs assessment 643
methodology to determine functional, behavioral, and physical 644
needs of prospective enrollees. The assessment methodology may 645
be administered only by persons who have completed any training 646
required by the agency for such purpose. If required, the agency 647
must offer any such training. 648
(c) To participate in the program, a client must meet all 649
of the following criteria: 650
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1. Be eligible for Medicaid. 651
2. Be eligible for a preenrollment category for Medicaid 652
waiver services as provided in s. 393.065(5). 653
3. Be 18 to 28 years of age at the time of enrollmen t and 654
have attained a high school diploma or the equivalent. 655
4. Meet the level of care required for home and community -656
based services as identified in the federal approval for the 657
program. 658
(d) Enrollees may remain on the Adult Pathways waiver 659
until the age of 32. 660
(e) Participation in the program does not affect the 661
status of current clients of the home and community -based 662
services Medicaid waiver program under s. 393.0662 unless a 663
client, or his or her legal representative, voluntarily 664
disenrolls from that program. 665
(f) Enrollees who voluntarily disenroll from the program 666
must be allowed to return to the most appropriate preenrollment 667
category for services under s. 393.065 based on a current needs 668
assessment and the preenrollment category criteria. 669
(3) ADULT PATHWAYS WAIVER SERVICES. — 670
(a) The agency shall authorize covered services as 671
specified in the Medicaid waiver which are medically necessary, 672
including, but not limited to, any of the following: 673
1. Adult day training. 674
2. Companion services. 675
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3. Employment services. 676
4. Personal supports. 677
5. Prevocational services. 678
6. Supported living coaching. 679
7. Transportation. 680
8. Care Coordination. 681
(b) Services must be provided to enrollees in accordance 682
with an individualized care pla n, which must be evaluated and 683
updated at least annually and as often as warranted by changes 684
in the enrollee's circumstances. 685
(4) PROGRAM ADMINISTRATION AND EVALUATION. — 686
(a) The agency shall begin enrollment upon federal 687
approval of the Medicaid waive r, with coverage for enrollees 688
becoming effective upon authorization and availability of 689
sufficient state and federal funding and resources. 690
(b) This section and any rules adopted pursuant thereto 691
may not be construed to prevent or limit the agency, in 692
consultation with the Agency for Health Care Administration, 693
from adjusting fees, reimbursement rates, lengths of stay, 694
number of visits, or number of services; limiting enrollment; or 695
making any other adjustment necessary based upon funding and any 696
limitations imposed or directions provided in the General 697
Appropriations Act. 698
(c) The agency, in consultation with the Agency for Health 699
Care Administration, shall submit progress reports to the 700
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Governor, the President of the Senate, and the Speaker of the 701
House of Representatives upon federal approval of the Medicaid 702
waiver and throughout implementation of the program under the 703
waiver. By July 1, 2026, the Agency for Persons with 704
Disabilities shall submit a progress report on the 705
administration of the program, including, but not limited to, 706
all of the following: 707
1. The number of enrollees in the program and other 708
pertinent information on enrollment. 709
2. Service use. 710
3. Average cost per enrollee. 711
4. Outcomes and performance reporting relating to health, 712
safety, and well-being of enrollees. 713
Section 12. Section 393.502, Florida Statutes, is amended 714
to read: 715
393.502 Family care councils. — 716
(1) CREATION; PURPOSE.— 717
(a) There is created the statewide family care council to 718
work in consultation with the a gency for purposes of advising 719
the agency on strategies to promote and support the delivery of 720
services and resources across the state. The statewide council 721
shall use information provided from the local family care 722
councils to inform the development of st rategies and resources, 723
including the promotion of peer and mentorship models, to 724
support individuals with disabilities and their families in the 725
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state. 726
(b) There is shall be established and located within each 727
agency-designated region service area of the agency a local 728
family care council to collect, provide, and promote information 729
in consultation with the statewide family care council and the 730
agency relating to services and resources within each council's 731
locally designated region and to act as a loc al network for 732
mentorship and peer support to individuals with disabilities and 733
their families. 734
(2) DUTIES; REPORT. — 735
(a) The statewide family care council shall use the 736
information received from the annual reports and quarterly 737
meetings of the local fa mily care councils to provide an annual 738
report to the agency due December 1, including information 739
relating to the existing infrastructure of supports for 740
individuals with disabilities and their families and targeted 741
strategies in consultation with the age ncy for the development 742
of existing and additional peer and mentorship models. 743
Specifically, the plan and strategies should reference existing 744
models established as leading practices and promote the 745
maximization of community integration, resource identific ation, 746
encouragement for others by sharing lived experiences, and 747
increase of skills for independence through partnerships that 748
promote volunteer, intern, and employment options. 749
(b) The local family care councils shall: 750
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1. Provide an annual report to the statewide family care 751
council by July 1 which includes information relating to locally 752
based existing resources and supports available for individuals 753
with disabilities and their families with an emphasis on peer 754
and mentorship programs and models and direct feedback and 755
activities provided through the local family care council's 756
quarterly meetings which inform strategies to develop networks 757
of supports which promote the maximization of community 758
integration, resource identification, encouragement for o thers 759
by sharing lived experiences, and increase of skills for 760
independence through partnerships that promote volunteer 761
opportunities, internships, and employment options. 762
2. Assist in promoting strategies, models, and programs 763
that are developed as a re sult of findings in the statewide 764
family care council's annual report and in consultation with the 765
agency. 766
3. Provide outreach and connection for individuals with 767
disabilities and their families to care navigation, resources 768
and supports, and additional opportunities to connect with 769
others with lived experiences to promote empowerment and 770
resiliency. 771
(3) FUNDING; FINANCIAL REVIEW. —A local family care council 772
may apply for, receive, and accept grants, gifts, and donations, 773
bequests, and other payments fr om any public or private entity 774
or person for the purpose of directly supporting the mentorship 775
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and peer supports program and network. Each council shall 776
exercise care and prudence in the expenditure of funds. The 777
statewide council and each local council a re subject to an 778
annual financial review by staff assigned by the agency. After 779
the review, the agency may implement financial controls for a 780
council as it deems necessary. The statewide and local councils 781
must comply with state expenditure requirements. 782
(4)(2) MEMBERSHIP.— 783
(a)1. Employees of the agency are not eligible to serve as 784
voting members on either the statewide council or a local 785
council. 786
2. Persons related by consanguinity or affinity within the 787
third degree may not serve on the same council at the same time. 788
(b)1. The Governor shall appoint all members of the 789
statewide council, based on recommendations of the secretary of 790
the agency. The statewide council shall be composed of up to 11 791
members, as follows: 792
a. At least one representative f rom each agency-designated 793
region, each of whom must be a resident of the region he or she 794
represents on the council. 795
b. At least two individuals who are receiving waiver 796
services from the agency or are assigned to a preenrollment 797
category for waiver ser vices under s. 393.065. 798
c. One nonvoting member appointed by the secretary of the 799
agency. 800
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d. One representative of an entity that provides services 801
to individuals with disabilities in this state, including, but 802
not limited to, a private sector Florida Unique Abilities 803
Partner designated under s. 413.801, which does not have a 804
Medicaid waiver service contract with the agency, who shall 805
serve as a member-at-large. 806
e. At least one member who is the parent, grandparent, 807
guardian, or sibling of an individu al with disabilities who is 808
served by the agency. For a grandparent to serve as a member, 809
the grandchild's parent or legal guardian must consent to the 810
appointment in writing to the agency. 811
f. Additional members may include representatives from 812
local community-based nonprofit organizations, faith -based 813
organizations, schools, or programs embedded within educational 814
systems in this state. 815
2. The council chair shall be chosen by the council 816
members to serve a 1 -year term. A person may not serve more than 817
two consecutive terms as chair. 818
(c)(a) Each local family care council shall be composed 819
consist of at least 10 and no more than 15 members who are 820
recommended by a majority vote of the local family care council 821
and appointed by the secretary of the agenc y. Each local council 822
member must reside within the agency -designated region served by 823
the local council. 824
1. At least one member must be an individual receiving 825
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waiver services from the agency or assigned to a preenrollment 826
category for waiver services u nder s. 393.065. 827
2. One member must be a representative of an entity 828
providing services to individuals with disabilities in this 829
state, including, but not limited to, a private sector Florida 830
Unique Abilities Partner designated under s. 413.801, which do es 831
not have a Medicaid waiver service contract with the agency. 832
3. At least one member must be the parent, grandparent, 833
guardian, or sibling of an individual with disabilities who is 834
served by the agency. For a grandparent to serve as a member, 835
the grandchild's parent or legal guardian must consent to the 836
appointment in writing to the agency. 837
4. Additional members may include representatives of local 838
community-based nonprofit organizations, faith -based 839
organizations, schools, or educational programs Governor. 840
(b) At least three of the members of the council shall be 841
individuals receiving or waiting to receive services from the 842
agency. One such member shall be an individual who has been 843
receiving services within the 4 years before the date of 844
recommendation. The remainder of the council members shall be 845
parents, grandparents, guardians, or siblings of individuals who 846
have developmental disabilities and qualify for services 847
pursuant to this chapter. For a grandparent to be a council 848
member, the grandchild 's parent or legal guardian must consent 849
to the appointment and report the consent to the agency. 850
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(c) A person who is currently serving on another board or 851
council of the agency may not be appointed to a local family 852
care council. 853
(d) Employees of the agency are not eligible to serve on a 854
local family care council. 855
(e) Persons related by consanguinity or affinity within 856
the third degree shall not serve on the same local family care 857
council at the same time. 858
5.(f) The A chair of each local for the council must shall 859
be chosen by the council members to serve a 1-year term for 1 860
year. A person may not serve no more than two consecutive four 861
1-year terms as chair. 862
(5)(3) TERMS; VACANCIES.— 863
(a) Council members for the statewide and local councils 864
shall be appointed for a 3 -year term, except as provided in 865
subsection (9) (8), and may be reappointed to one additional 866
term. 867
(b) A member who has served two consecutive terms shall 868
not be eligible to serve again until 12 months have elapsed 869
since ending his or her service on the local council. 870
(c) Upon expiration of a term or in the case of any other 871
vacancy, the statewide or local council shall notify the agency 872
of the vacancy, which must be filled in the same manner as the 873
original appointment , by majority vote, recommend to the 874
Governor for appointment a person for each vacancy . 875
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(d) Statewide council members serve at the pleasure of the 876
Governor. Local council members serve at the pleasure of the 877
secretary of the agency. 878
(6)(4) COMMITTEE APPOINTMENTS.—The chair of the local 879
family care council may appoint persons to serve on council 880
committees. Such persons may include former members of the 881
council and persons not eligible to serve on the council. 882
(7)(5) TRAINING.— 883
(a) The agency, in consult ation with the statewide and 884
local councils, shall establish a training program for local 885
family care council members. Each council local area shall 886
provide the training program when new members persons are 887
appointed to the local council and at other times as the 888
secretary deems necessary. 889
(b) The training must shall assist the council members to 890
understand the laws, rules, and policies applicable to their 891
duties and responsibilities. 892
(c) All members persons appointed to a local council must 893
complete this training within 90 days after their appointment. A 894
member person who fails to meet this requirement is shall be 895
considered to have resigned from the council. 896
(8)(6) MEETINGS.— 897
(a) The statewide family ca re council and all local family 898
care councils shall meet as necessary but at least quarterly. 899
(b) Council members shall serve on a voluntary basis 900
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without compensation. However, members who were appointed on the 901
basis of receiving waiver services from th e agency or by virtue 902
of being assigned to a preenrollment category or who are serving 903
on the basis of being related to such a person are entitled to 904
reimbursement payment for their services but shall be reimbursed 905
for per diem and travel expenses as provi ded for in s. 112.061. 906
(c) The statewide family care council and local family 907
care councils may not conduct business in the absence of a 908
quorum. The majority of the members of the council constitutes a 909
quorum, and a meeting may not be held with less than a quorum 910
present. In order to establish a quorum, the council may conduct 911
its meetings through teleconference or other electronic means. 912
If vacancies on a council prevent a quorum, the only business 913
the council may conduct is the development and submissio n of 914
recommendations for individuals to be appointed to the council 915
by the secretary of the agency The council shall meet at least 916
six times per year. 917
(7) PURPOSE.—The purpose of the local family care councils 918
shall be to advise the agency, to develop a plan for the 919
delivery of family support services within the local area, and 920
to monitor the implementation and effectiveness of services and 921
support provided under the plan. The primary functions of the 922
local family care councils shall be to: 923
(a) Assist in providing information and outreach to 924
families. 925
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(b) Review the effectiveness of service programs and make 926
recommendations with respect to program implementation. 927
(c) Advise the agency with respect to policy issues 928
relevant to the community and family support system in the local 929
area. 930
(d) Meet and share information with other local family 931
care councils. 932
(9)(8) NEW COUNCILS.—When a local family care council is 933
established for the first time in an agency-designated region a 934
local area, the secretary of the agency Governor shall appoint 935
the first four council members, who shall serve 3 -year terms. 936
These members shall submit to the Governor, within 90 days after 937
their appointment, recommendations for at least six additional 938
members, selected by majority vote. 939
(9) FUNDING; FINANCIAL REVIEW. —The local family care 940
council may apply for, receive, and accept grants, gifts, 941
donations, bequests, and other payments from any public or 942
private entity or person. Each local council is subject to an 943
annual financial review by staff assigned by the agency. Each 944
local council shall exercise care and prudence in the 945
expenditure of funds. The local family care councils shall 946
comply with state expenditure requirements. 947
Section 13. Section 413.001, Florida Statutes, i s created 948
to read: 949
413.001 Legislative intent; purpose. —It is the intent of 950
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the Legislature that the Agency for Persons with Disabilities 951
serve as the single state agency for all individuals with 952
disabilities. The purpose of the Agency for Persons with 953
Disabilities is to support individuals with disabilities and 954
their families in living, learning, and working within their 955
communities by creating multiple pathways to possibilities. 956
Section 14. Paragraph (b) of subsection (2) of section 957
413.271, Florida Statutes, is amended to read: 958
413.271 Florida Coordinating Council for the Deaf and Hard 959
of Hearing.— 960
(2) 961
(b) The coordinating council shall be composed of 17 962
members. The appointment of members not representing agencies 963
must shall be made by the Governor. The appointment of members 964
representing organizations must shall be made by the Governor in 965
consultation with those organizations. The membership must shall 966
be as follows: 967
1. Two members representing the Florida Association of the 968
Deaf. 969
2. Two members representing the Florida Association of 970
Self Help for Hard of Hearing People. 971
3. A member representing the Association of Late -Deafened 972
Adults. 973
4. An individual who is deaf and blind. 974
5. A parent of an individual who is deaf. 975
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6. A member representing the Deaf Service Center 976
Association. 977
7. A member representing the Florida Registry of 978
Interpreters for the Deaf. 979
8. A member representing the Florida chapter of the 980
Alexander Graham Bell Association for the Deaf and Hard of 981
Hearing. 982
9. A communication access real -time translator. 983
10. An audiologist licensed under part I of chapter 468. 984
11. A hearing aid specialist licensed under part II of 985
chapter 484. 986
12. The Secretary of Children and Families or his or her 987
designee. 988
13. The State Surgeon General or his or her designee. 989
14. The Commissioner of Education or his or her designee. 990
15. The Secretary of Elderly Affairs or his or her 991
designee. 992
16. The secretary of the Agency for Persons with 993
Disabilities or his or her designee. 994
995
If any organization from which a representative is to be drawn 996
ceases to exist, a representative of a similar organization must 997
shall be named to the coordinating council. The Governor shall 998
make appointments to the coordinating council and may remove any 999
member for cause. Each member must shall be appointed to a term 1000
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of 4 years. Any vacancy on the coordinating council must shall 1001
be filled in the same manner as the original appointment, and 1002
any member appointed to fill a vacancy occurring because of 1003
death, resignation, or ineligibility for membership shall serve 1004
only for the unexpired term of the member's predecessor. Before 1005
Prior to serving on the coordinating council, all appointees 1006
must attend orientation training that shall address, at a 1007
minimum, addresses the requirements of the provisions of this 1008
section; the programs operated by the coordinating council; the 1009
role and functions of the coordinating council; the current 1010
budget for the coordinating council; the results of the most 1011
recent formal audit of the co ordinating council; and the 1012
requirements of the state's public records law, the code of 1013
ethics, the Administrative Procedure Act, and other laws 1014
relating to public officials, including conflict -of-interest 1015
laws. 1016
Section 15. Paragraph (b) of subsection (5) of section 1017
90.6063, Florida Statutes, is amended to read: 1018
90.6063 Interpreter services for deaf persons. — 1019
(5) The appointing authority may channel requests for 1020
qualified interpreters through: 1021
(b) The Division of Vocational Rehabilitation of the 1022
Agency for Persons with Disabilities Department of Education ; or 1023
Section 16. Paragraph (a) of subsection (3) of section 1024
110.112, Florida Statutes, is amended to read: 1025
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110.112 Affirmative action; equal employment opportunity. — 1026
(3)(a) The department, in consultation with the Agency for 1027
Persons with Disabilities, including the Division of Vocational 1028
Rehabilitation and the Division of Blind Services within the 1029
agency of the Department of Education , the Department of 1030
Commerce, and the Executive Office of the Governor, shall 1031
develop and implement programs that incorporate internships, 1032
mentoring, on-the-job training, unpaid work experience, 1033
situational assessments, and other innovative strategies that 1034
are specifically geared toward individuals who have a 1035
disability. 1036
Section 17. Section 215.311, Florida Statutes, is amended 1037
to read: 1038
215.311 State funds; exceptions. —Section 215.31 does The 1039
provisions of s. 215.31 shall not apply to funds collected by 1040
and under the direction and supervision of the Division of Blind 1041
Services of the Agency for Persons with Disabilities Department 1042
of Education as provided under ss. 413.011, 413.041, and 1043
413.051; however, nothing in this sec tion may shall be construed 1044
to except from the provisions of s. 215.31 any appropriations 1045
made by the state to the division. 1046
Section 18. Subsection (5) of section 257.04, Florida 1047
Statutes, is amended to read: 1048
257.04 Publications, pictures, and other documents 1049
received to constitute part of State Library; powers and duties 1050
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of Division of Library and Information Services. — 1051
(5) The division shall make all necessary arrangements to 1052
coordinate with the Division of Blind Services of the Agency for 1053
Persons with Disabilities Department of Education to provide 1054
library services to the blind and physically handicapped persons 1055
of the state. 1056
Section 19. Paragraph (e) of subsection (2) and 1057
subsections (4) and (5) of section 318.21, Florida Statutes, are 1058
amended to read: 1059
318.21 Disposition of civil penalties by county courts. —1060
All civil penalties received by a county court pursuant to the 1061
provisions of this chapter shall be distributed and paid monthly 1062
as follows: 1063
(2) Of the remainder: 1064
(e) Two percent shall be remitted to the Department of 1065
Revenue for deposit in the Grants and Donations Trust Fund of 1066
the Division of Vocational Rehabilitation of the Agency for 1067
Persons with Disabilities Department of Education . 1068
(4) Of the additional fine assessed under s. 31 8.18(3)(g) 1069
for a violation of s. 316.1301, 40 percent must be remitted to 1070
the Department of Revenue for deposit in the Grants and 1071
Donations Trust Fund of the Division of Blind Services of the 1072
Agency for Persons with Disabilities Department of Education , 1073
and 60 percent must be distributed pursuant to subsections (1) 1074
and (2). 1075
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(5) Of the additional fine assessed under s. 318.18(3)(g) 1076
for a violation of s. 316.1303(1), 60 percent must be remitted 1077
to the Department of Revenue for deposit in the Grants and 1078
Donations Trust Fund of the Division of Vocational 1079
Rehabilitation of the Agency for Persons with Disabilities 1080
Department of Education , and 40 percent must be distributed 1081
pursuant to subsections (1) and (2). 1082
Section 20. Paragraph (c) of subsection (4) of se ction 1083
320.0848, Florida Statutes, is amended to read: 1084
320.0848 Persons who have disabilities; issuance of 1085
disabled parking permits; temporary permits; permits for certain 1086
providers of transportation services to persons who have 1087
disabilities.— 1088
(4) From the proceeds of the temporary disabled parking 1089
permit fees: 1090
(c) The remainder must be distributed monthly as follows: 1091
1. To be deposited in the Grants and Donations Trust Fund 1092
of the Division of Vocational Rehabilitation of the Agency for 1093
Persons with Disabilities Department of Education for the 1094
purpose of improving employment and training opportunities for 1095
persons who have disabilities, with special emphasis on removing 1096
transportation barriers, $4. 1097
2. To be deposited in the Transportation Disadvantag ed 1098
Trust Fund to be used for funding matching grants to counties 1099
for the purpose of improving transportation of persons who have 1100
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disabilities, $5. 1101
Section 21. Paragraph (i) of subsection (4) of section 1102
393.13, Florida Statutes, is amended to read: 1103
393.13 Treatment of persons with developmental 1104
disabilities.— 1105
(4) CLIENT RIGHTS.—For purposes of this subsection, the 1106
term "client," as defined in s. 393.063, shall also include any 1107
person served in a facility licensed under s. 393.067. 1108
(i) Each client shall have a central record. The central 1109
record shall be established by the agency at the time that an 1110
individual is determined eligible for services, shall be 1111
maintained by the client's support coordinator, and must contain 1112
information pertaining to admiss ion, diagnosis and treatment 1113
history, present condition, and such other information as may be 1114
required. The central record is the property of the agency. 1115
1. Unless waived by the client, if competent, or the 1116
client's parent or legal guardian if the client is incompetent, 1117
the client's central record shall be confidential and exempt 1118
from the provisions of s. 119.07(1), and no part of it shall be 1119
released except: 1120
a. The record may be released to physicians, attorneys, 1121
and government agencies having need of the record to aid the 1122
client, as designated by the client, if competent, or the 1123
client's parent or legal guardian, if the client is incompetent. 1124
b. The record shall be produced in response to a subpoena 1125
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or released to persons authorized by order of court , excluding 1126
matters privileged by other provisions of law. 1127
c. The record or any part thereof may be disclosed to a 1128
qualified researcher, a staff member of the facility where the 1129
client resides, or an employee of the agency when the 1130
administrator of the f acility or the secretary director of the 1131
agency deems it necessary for the treatment of the client, 1132
maintenance of adequate records, compilation of treatment data, 1133
or evaluation of programs. 1134
d. Information from the records may be used for 1135
statistical and research purposes if the information is 1136
abstracted in such a way to protect the identity of individuals. 1137
2. The client, if competent, or the client's parent or 1138
legal guardian if the client is incompetent, shall be supplied 1139
with a copy of the client's ce ntral record upon request. 1140
Section 22. Subsection (5) of section 394.75, Florida 1141
Statutes, is amended to read: 1142
394.75 State and district substance abuse and mental 1143
health plans.— 1144
(5) The district plan shall address how substance abuse 1145
and mental health services will be provided and how a system of 1146
care for target populations will be provided given the resources 1147
available in the service district. The plan must include 1148
provisions for maximizing client access to the most recently 1149
developed psychiatric medications approved by the United States 1150
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Food and Drug Administration, for developing independent housing 1151
units through participation in the Section 811 program operated 1152
by the United States Department of Housing and Urban 1153
Development, for developing supp orted employment services 1154
through the Division of Vocational Rehabilitation of the Agency 1155
for Persons with Disabilities Department of Education , for 1156
providing treatment services to persons with co -occurring mental 1157
illness and substance abuse problems which are integrated across 1158
treatment systems, and for providing services to adults who have 1159
a serious mental illness, as defined in s. 394.67, and who 1160
reside in assisted living facilities. 1161
Section 23. Paragraph (a) of subsection (4) of section 1162
402.56, Florida Statutes, is amended to read: 1163
402.56 Children's cabinet; organization; responsibilities; 1164
annual report.— 1165
(4) MEMBERS.—The cabinet shall consist of 16 members 1166
including the Governor and the following persons: 1167
(a)1. The Secretary of Children and Fa milies; 1168
2. The Secretary of Juvenile Justice; 1169
3. The secretary director of the Agency for Persons with 1170
Disabilities; 1171
4. A representative from the Division of Early Learning; 1172
5. The State Surgeon General; 1173
6. The Secretary of Health Care Administra tion; 1174
7. The Commissioner of Education; 1175
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8. The director of the Statewide Guardian ad Litem Office; 1176
9. A representative of the Office of Adoption and Child 1177
Protection; 1178
10. A superintendent of schools, appointed by the 1179
Governor; and 1180
11. Five members who represent children and youth advocacy 1181
organizations and who are not service providers, appointed by 1182
the Governor. 1183
Section 24. Paragraph (b) of subsection (4) of section 1184
409.9855, Florida Statutes, is amended to read: 1185
409.9855 Pilot program for individuals with developmental 1186
disabilities.— 1187
(4) ELIGIBLE PLANS; PLAN SELECTION. — 1188
(b) The agency shall select, as provided in s. 287.057(1), 1189
one plan to participate in the pilot program for each of the two 1190
regions. The secretary director of the Agency for Persons with 1191
Disabilities or his or her designee must be a member of the 1192
negotiating team. 1193
1. The invitation to negotiate must specify the criteria 1194
and the relative weight assigned to each criterion that will be 1195
used for determining the acceptabilit y of submitted responses 1196
and guiding the selection of the plans with which the agency and 1197
the Agency for Persons with Disabilities negotiate. In addition 1198
to any other criteria established by the agency, in consultation 1199
with the Agency for Persons with Disa bilities, the agency shall 1200
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consider the following factors in the selection of eligible 1201
plans: 1202
a. Experience serving similar populations, including the 1203
plan's record in achieving specific quality standards with 1204
similar populations. 1205
b. Establishment of c ommunity partnerships with providers 1206
which create opportunities for reinvestment in community -based 1207
services. 1208
c. Provision of additional benefits, particularly 1209
behavioral health services, the coordination of dental care, and 1210
other initiatives that improv e overall well-being. 1211
d. Provision of and capacity to provide mental health 1212
therapies and analysis designed to meet the needs of individuals 1213
with developmental disabilities. 1214
e. Evidence that an eligible plan has written agreements 1215
or signed contracts o r has made substantial progress in 1216
establishing relationships with providers before submitting its 1217
response. 1218
f. Experience in the provision of person -centered planning 1219
as described in 42 C.F.R. s. 441.301(c)(1). 1220
g. Experience in robust provider develop ment programs that 1221
result in increased availability of Medicaid providers to serve 1222
the developmental disabilities community. 1223
2. After negotiations are conducted, the agency shall 1224
select the eligible plans that are determined to be responsive 1225
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and provide the best value to the state. Preference must be 1226
given to plans that: 1227
a. Have signed contracts in sufficient numbers to meet the 1228
specific standards established under s. 409.967(2)(c), including 1229
contracts for personal supports, skilled nursing, residential 1230
habilitation, adult day training, mental health services, 1231
respite care, companion services, and supported employment, as 1232
those services are defined in the Florida Medicaid Developmental 1233
Disabilities Individual Budgeting Waiver Services Coverage and 1234
Limitations Handbook as adopted by reference in rule 59G -13.070, 1235
Florida Administrative Code. 1236
b. Have well-defined programs for recognizing patient -1237
centered medical homes and providing increased compensation to 1238
recognized medical homes, as defined by the plan. 1239
c. Have well-defined programs related to person -centered 1240
planning as described in 42 C.F.R. s. 441.301(c)(1). 1241
d. Have robust and innovative programs for provider 1242
development and collaboration with the Agency for Persons with 1243
Disabilities. 1244
Section 25. Subsection (2) of section 410.604, Florida 1245
Statutes, is amended to read: 1246
410.604 Community care for disabled adults program; powers 1247
and duties of the department. — 1248
(2) Any person who meets the definition of a disabled 1249
adult pursuant to s. 410.603(2) is eligible to receive the 1250
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services of the community care for disabled adults program. 1251
However, the community care for disabled adults program shall 1252
operate within the funds appropriated by the Legislature. 1253
Priority shall be given to disabled adults who a re not eligible 1254
for comparable services in programs of or funded by the 1255
department or the Division of Vocational Rehabilitation of the 1256
Agency for Persons with Disabilities Department of Education ; 1257
who are determined to be at risk of institutionalization; a nd 1258
whose income is at or below the existing institutional care 1259
program eligibility standard. 1260
Section 26. Paragraphs (k) and (v) of subsection (3) and 1261
subsections (4) and (8) of section 413.011, Florida Statutes, 1262
are amended to read: 1263
413.011 Division of Blind Services, legislative policy, 1264
intent; internal organizational structure and powers; 1265
Rehabilitation Council for the Blind. — 1266
(3) DIVISION STRUCTURE AND DUTIES. —The internal 1267
organizational structure of the Division of Blind Services shall 1268
be designed for the purpose of ensuring the greatest possible 1269
efficiency and effectiveness of services to the blind and to be 1270
consistent with chapter 20. The Division of Blind Services shall 1271
plan, supervise, and carry out the following activities: 1272
(k) Participate, through the designation of the secretary 1273
director or an appropriate staff member of the division, on 1274
boards, commissions, or bodies in this state for the purpose of 1275
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coordinating and planning services. 1276
(v) Receive moneys or properties by gift or bequest from 1277
any person, firm, corporation, or organization for any of the 1278
purposes herein set out, but without authority to bind the state 1279
to any expenditure or policy except such as may be specifically 1280
authorized by law. All such moneys or properties so receive d by 1281
gift or bequest as herein authorized may be disbursed and 1282
expended by the division upon its own warrant for any of the 1283
purposes herein set forth, and such moneys or properties do 1284
shall not constitute or be considered a part of any legislative 1285
appropriation made by the state for the purpose of carrying out 1286
the provisions of this law. When determined to be in the best 1287
interest of the division, the division may lease property 1288
received pursuant to this paragraph, and the Agency for Persons 1289
with Disabilities Department of Education may enter into leases 1290
of property and sublease property on behalf of the division. 1291
Division and agency department leases and subleases may be to 1292
governmental, public, or nonprofit entities for the provision of 1293
blind, education, he alth, and other social service programs. 1294
(4) DEFINITIONS.—As used in this section, the term: 1295
(a) "Act," unless the context indicates otherwise, means 1296
the Rehabilitation Act of 1973, 29 U.S.C. ss. 701 -797. 1297
(b) "Agency" means the Agency for Persons wit h 1298
Disabilities. 1299
(c)(b) "Blind" or "blindness" means the condition of any 1300
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person for whom blindness is a disability as defined by the 1301
Rehabilitation Act of 1973, 29 U.S.C. s. 706(8)(b). 1302
(c) "Department" means the Department of Education. 1303
(8) REHABILITATION COUNCIL FOR THE BLIND. —There is created 1304
in the agency department the Rehabilitation Council for the 1305
Blind, which is an advisory council as defined in s. 20.03, to 1306
assist the division in the planning and development of statewide 1307
vocational rehabilitation programs and services pursuant to the 1308
Rehabilitation Act of 1973, as amended, to recommend 1309
improvements to such programs and services, and to perform the 1310
functions provided in this section. 1311
(a) The advisory council shall be composed of: 1312
1. At least one representative of the Independent Living 1313
Council, which representative may be the chair or other designee 1314
of the council; 1315
2. At least one representative of a parent training and 1316
information center established pursuant to s. 631(c)(9) o f the 1317
Individuals with Disabilities Act, 20 U.S.C. s. 1431(c)(9); 1318
3. At least one representative of the client assistance 1319
program established under the act; 1320
4. At least one vocational rehabilitation counselor who 1321
has knowledge of and experience in voca tional rehabilitation 1322
services for the blind, who shall serve as an ex officio 1323
nonvoting member of the council if the counselor is an employee 1324
of the agency department; 1325
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5. At least one representative of community rehabilitation 1326
program service providers; 1327
6. Four representatives of business, industry, and labor; 1328
7. At least one representative of a disability advocacy 1329
group representing individuals who are blind; 1330
8. At least one parent, family member, guardian, advocate, 1331
or authorized representative o f an individual who is blind, has 1332
multiple disabilities, and either has difficulties representing 1333
himself or herself or is unable, due to disabilities, to 1334
represent himself or herself; 1335
9. Current or former applicants for, or recipients of, 1336
vocational rehabilitation services; and 1337
10. The director of the division, who shall be an ex 1338
officio member of the council. 1339
(b) Members of the council shall be appointed by the 1340
Governor, who shall select members after soliciting 1341
recommendations from representatives of organizations 1342
representing a broad range of individuals who have disabilities, 1343
and organizations interested in those individuals. 1344
(c) A majority of council members shall be persons who 1345
are: 1346
1. Blind; and 1347
2. Not employed by the division. 1348
(d) The council shall select a chair from among its 1349
membership. 1350
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(e) Each member of the council shall serve for a term of 1351
not more than 3 years, except that: 1352
1. A member appointed to fill a vacancy occurring prior to 1353
the expiration of the term for which a prede cessor was appointed 1354
shall be appointed for the remainder of such term; and 1355
2. The terms of service of the members initially appointed 1356
shall be, as specified by the Governor, for such fewer number of 1357
years as will provide for the expiration of terms on a staggered 1358
basis. 1359
(f) A member of the council may not serve more than two 1360
consecutive full terms. 1361
(g) Any vacancy occurring in the membership of the council 1362
shall be filled in the same manner as the original appointment. 1363
A vacancy does not affect the p ower of the remaining members to 1364
execute the duties of the council. 1365
(h) In addition to the other functions specified in this 1366
section, the council shall: 1367
1. Review, analyze, and advise the division regarding the 1368
performance of the responsibilities of th e division under Title 1369
I of the act, particularly responsibilities relating to: 1370
a. Eligibility, including order of selection; 1371
b. The extent, scope, and effectiveness of services 1372
provided; and 1373
c. Functions performed by state agencies that affect or 1374
potentially affect the ability of individuals who are blind to 1375
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achieve rehabilitation goals and objectives under Title I. 1376
2. Advise the agency department and the division, and, at 1377
the discretion of the agency department or division, assist in 1378
the preparation of applications, the state plan, the strategic 1379
plan, and amendments to the plans, reports, needs assessments, 1380
and evaluations required by Title I. 1381
3. To the extent feasible, conduct a review and analysis 1382
of the effectiveness of, and consumer satisfaction with: 1383
a. The functions performed by state agencies and other 1384
public and private entities responsible for performing functions 1385
for individuals who are blind. 1386
b. Vocational rehabilitation services: 1387
(I) Provided or paid for from funds made available under 1388
the act or through other public or private sources. 1389
(II) Provided by state agencies and other public and 1390
private entities responsible for providing vocational 1391
rehabilitation services to individuals who are blind. 1392
4. Prepare and submit a n annual report on the status of 1393
vocational rehabilitation services for the blind in the state to 1394
the Governor and the Commissioner of the Rehabilitative Services 1395
Administration, established under s. 702 of the act, and make 1396
the report available to the pub lic. 1397
5. Coordinate with other councils within the state, 1398
including the Independent Living Council, the advisory panel 1399
established under s. 613(a)(12) of the Individuals with 1400
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Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State 1401
Planning Council described in s. 124 of the Developmental 1402
Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s. 1403
6024, and the state mental health planning council established 1404
under s. 1916(e) of the Public Health Service Act, 42 U.S.C. 1405
300X-4(e). 1406
6. Advise the agency department and division and provide 1407
for coordination and the establishment of working relationships 1408
among the agency department, the division, the Independent 1409
Living Council, and centers for independent living in the state. 1410
7. Perform such other functi ons consistent with the 1411
purposes of the act as the council determines to be appropriate 1412
that are comparable to functions performed by the council. 1413
(i)1. The council shall prepare, in conjunction with the 1414
division, a plan for the provision of such resourc es, including 1415
such staff and other personnel, as may be necessary to carry out 1416
the functions of the council. The resource plan shall, to the 1417
maximum extent possible, rely on the use of resources in 1418
existence during the period of implementation of the plan. 1419
2. If there is a disagreement between the council and the 1420
division in regard to the resources necessary to carry out the 1421
functions of the council as set forth in this section, the 1422
disagreement shall be resolved by the Governor. 1423
3. The council shall, c onsistent with law, supervise and 1424
evaluate such staff and other personnel as may be necessary to 1425
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carry out its functions. 1426
4. While assisting the council in carrying out its duties, 1427
staff and other personnel may shall not be assigned duties by 1428
the division or any other state agency or office that would 1429
create a conflict of interest. 1430
(j) A council member may not cast a vote on any matter 1431
that would provide direct financial benefit to the member or 1432
otherwise give the appearance of a conflict of interest un der 1433
state law. 1434
(k) The council shall convene at least four meetings each 1435
year. These meetings shall occur in such places as the council 1436
deems necessary to conduct council business. The council may 1437
conduct such forums or hearings as the council considers 1438
appropriate. The meetings, hearings, and forums shall be 1439
publicly announced. The meetings shall be open and accessible to 1440
the public. The council shall make a report of each meeting 1441
which shall include a record of its discussions and 1442
recommendations, all o f which reports shall be made available to 1443
the public. 1444
Section 27. Subsection (3) of section 413.0111, Florida 1445
Statutes, is amended to read: 1446
413.0111 Blind services direct -support organization. — 1447
(3) The purposes and objectives of the direct -support 1448
organization must be consistent with the priority issues and 1449
objectives of the Agency for Persons with Disabilities 1450
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Department of Education and must be in the best interests of the 1451
state, though the Division of Blind Services may permit, without 1452
charge, the appropriate use of property and facilities of the 1453
state by the direct-support organization subject to this 1454
section. Such use must be directly in keeping with the approved 1455
purposes of the direct -support organization. 1456
Section 28. Subsection (2) of sec tion 413.033, Florida 1457
Statutes, is amended to read: 1458
413.033 Definitions. —As used in ss. 413.032 -413.037: 1459
(2) "Other severely handicapped" and "severely handicapped 1460
individuals" mean an individual or class of individuals under a 1461
physical or mental disab ility other than blindness, which, 1462
according to criteria established by the Agency for Persons with 1463
Disabilities department, after consultation with appropriate 1464
entities of the state and taking into account the views of 1465
nongovernmental entities representin g the handicapped, 1466
constitutes a substantial handicap to employment and is of such 1467
a nature as to prevent the individual under such disability from 1468
currently engaging in normal competitive employment. 1469
Section 29. Section 413.035, Florida Statutes, is a mended 1470
to read: 1471
413.035 Duties and powers of the Agency for Persons with 1472
Disabilities department.— 1473
(1) It is shall be the duty of the Agency for Persons with 1474
Disabilities department to determine the market price of all 1475
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products and services offered for sale to the various agencies 1476
of the state by any qualified nonprofit agency for the blind or 1477
other severely handicapped. The price shall recover for the 1478
nonprofit agency the cost of raw materials, labor, overhead, and 1479
delivery, but without profit, and sha ll be revised from time to 1480
time in accordance with changing cost factors. The Agency for 1481
Persons with Disabilities department shall adopt make such rules 1482
and regulations regarding specifications, time of delivery, and 1483
assignment of products and services to be supplied by nonprofit 1484
agencies for the blind or by agencies for the other severely 1485
handicapped, with priority for assignment of products t o 1486
agencies for the blind, authorization of a central nonprofit 1487
agency to facilitate the allocation of orders among qualified 1488
nonprofit agencies for the blind, authorization of a central 1489
nonprofit agency to facilitate the allocation of orders among 1490
qualified nonprofit agencies for other severely handicapped, and 1491
other relevant matters of procedure as shall be necessary to 1492
carry out the purposes of this act. The Agency for Persons with 1493
Disabilities department shall authorize the purchase of products 1494
and services elsewhere when requisitions cannot reasonably be 1495
complied with through the nonprofit agencies for the blind and 1496
other severely handicapped. 1497
(2) The Agency for Persons with Disabilities department 1498
shall establish and publish a list of products and ser vices 1499
provided by any qualified nonprofit agency for the blind and any 1500
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nonprofit agency for the other severely handicapped, which the 1501
Agency for Persons with Disabilities department determines are 1502
suitable for procurement by agencies of the state pursuant to 1503
this act. This procurement list and revision thereof shall be 1504
distributed to all purchasing officers of the state and its 1505
political subdivisions. All products offered for purchase to a 1506
state agency by a qualified nonprofit agency shall have 1507
significant value added by blind or severely handicapped 1508
persons, as determined by the Agency for Persons with 1509
Disabilities department. 1510
Section 30. Subsections (1) and (4) of section 413.036, 1511
Florida Statutes, are amended to read: 1512
413.036 Procurement of services by agencies; authority of 1513
Agency for Persons with Disabilities department.— 1514
(1) If any agency intends to procure any product or 1515
service on the procurement list, that agency shall, in 1516
accordance with rules and regulations of the Agency for Persons 1517
with Disabilities department, procure such product or service at 1518
the price established by the Agency for Persons with 1519
Disabilities department from a qualified nonprofit agency for 1520
the blind or for the other severely handicapped if the product 1521
or service is available within a reasonable delivery time. This 1522
act shall not apply in any case in which products or services 1523
are available for procurement from any agency of the state and 1524
procurement therefrom is required under the provision of any law 1525
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currently in effect. However, this act shall have precedence 1526
over any law requiring state agency procurement of products or 1527
services from any other nonprofit corporation unless such 1528
precedence is waived by the Agency for Persons with Disabilities 1529
department in accordance with its rules. 1530
(4) A No similar product or service of comparable price 1531
and quality found necessary for use by any state agency may not 1532
be purchased from any source other than the nonprofit agency for 1533
the blind or for the severely handicapped if the nonprofit 1534
agency certifies that the product is manufactured or supplied 1535
by, or the service is provided by, the blind or the severely 1536
handicapped and the product or service meets the comparable 1537
performance specifications and comparable price and quality 1538
requirements as determined by the Agency for Persons with 1539
Disabilities department or an agency. The purchasing authority 1540
of any such state agency may make reasonable determinations of 1541
need, price, and quality with reference to products or services 1542
available from the n onprofit agency. 1543
Section 31. Subsections (1) and (2) of section 413.037, 1544
Florida Statutes, are amended to read: 1545
413.037 Cooperation with Agency for Persons with 1546
Disabilities department required; duties of state agencies. — 1547
(1) In furtherance of the purposes of this act and in 1548
order to contribute to the economy of state government, it is 1549
the intent of the Legislature that there be close cooperation 1550
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between the Agency for Persons with Disabilities department and 1551
any agency of the state from which procurement of products or 1552
services is required under the provision of any law currently in 1553
effect. The Agency for Persons with Disabilities department and 1554
any such agency of the state are authorized to enter into such 1555
contractual agreements, cooperative working relationships, or 1556
other arrangements as may be determined to be necessary for 1557
effective coordination and efficient realization of the 1558
objectives of this act and any other law requiring procurement 1559
of products or services from a ny agency of the state. 1560
(2) The Agency for Persons with Disabilities department 1561
may secure directly from any agency of the state information 1562
necessary to enable it to carry out this act. Upon request of 1563
the Agency for Persons with Disabilities department, the head of 1564
the agency shall furnish such information to the Agency for 1565
Persons with Disabilities department. 1566
Section 32. Paragraph (a) of subsection (2) and subsection 1567
(3) of section 413.051, Florida Statutes, are amended to read: 1568
413.051 Eligible blind persons; operation of vending 1569
stands.— 1570
(2) As used in this section, the term: 1571
(a) "Blind licensee" means any blind person trained and 1572
licensed by the Division of Blind Services of the Agency for 1573
Persons with Disabilities Department of Education to operate a 1574
vending stand. 1575
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(3) Blind licensees must shall be given the first 1576
opportunity to participate in the operation of vending stands on 1577
all state properties acquired after July 1, 1979, when such 1578
facilities are operated under the supervision of t he Division of 1579
Blind Services of the Agency for Persons with Disabilities 1580
Department of Education . 1581
Section 33. Subsection (1) of section 413.091, Florida 1582
Statutes, is amended to read: 1583
413.091 Identification cards. — 1584
(1) The Division of Blind Service s of the Agency for 1585
Persons with Disabilities Department of Education shall issue 1586
identification cards to persons known to be blind or partially 1587
sighted, upon the written request of such individual. 1588
Section 34. Subsection (1) of section 413.092, Florid a 1589
Statutes, is amended to read: 1590
413.092 Blind Babies Program. — 1591
(1) The Blind Babies Program is created within the 1592
Division of Blind Services of the Agency for Persons with 1593
Disabilities Department of Education to provide community -based 1594
early-intervention education to children from birth through 5 1595
years of age who are blind or visually impaired, and to their 1596
parents, families, and caregivers, through community -based 1597
provider organizations. The division shall enlist parents, 1598
ophthalmologists, pediatrician s, schools, the Early Steps 1599
Program, and therapists to help identify and enroll blind and 1600
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visually impaired children, as well as their parents, families, 1601
and caregivers, in these educational programs. 1602
Section 35. Present subsections (3), (4), and (5) o f 1603
section 413.20, Florida Statutes, are redesignated as 1604
subsections (4), (5), and (6), respectively, a new subsection 1605
(3) is added to that section, and present subsection (6) and 1606
subsections (8) and (10) of that section are amended, to read: 1607
413.20 Definitions.—As used in this part, the term: 1608
(3) "Agency" means Agency for Persons with Disabilities. 1609
(6) "Department" means the Department of Education. 1610
(8) "Division" means the Division of Vocational 1611
Rehabilitation of the agency Department of Education . 1612
(10) "Extended services" means one or more ongoing support 1613
services and other appropriate services needed to support and 1614
maintain a person who has a most significant disability in 1615
supported employment and to assist an eligible person in 1616
maintaining integrated and competitive employment. Extended 1617
services are based upon a determination of the needs of the 1618
eligible person as specified in the person's individualized plan 1619
for employment and are provided by a state agency, a nonprofit 1620
private organization, an employer, or any other appropriate 1621
resource after the person has made the transition from support 1622
provided by the agency department. 1623
Section 36. Section 413.201, Florida Statutes, is amended 1624
to read: 1625
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413.201 Designated state agency. —Effective on the 1626
effective date of this act, for the purposes of effecting 1627
compliance with the Vocational Rehabilitation Act of 1973, as 1628
amended, the agency Department of Education is designated the 1629
official state agency. 1630
Section 37. Section 413.203, Florida Statutes, is amended 1631
to read: 1632
413.203 Conflict of laws. —It is the intent of the 1633
Legislature that the provisions of this part not conflict with 1634
any federal statute or implementing regulation governing federal 1635
grant-in-aid programs administered by the Division of V ocational 1636
Rehabilitation. Wherever such a conflict is asserted by the 1637
applicable agency of the Federal Government, the agency 1638
Department of Education shall submit to the United States 1639
Department of Education, or other applicable federal agency, a 1640
request for a favorable policy interpretation of the conflicting 1641
portions. 1642
Section 38. Subsection (6) of section 413.402, Florida 1643
Statutes, is amended to read: 1644
413.402 James Patrick Memorial Work Incentive Personal 1645
Attendant Services and Employment Assistance Program.—The 1646
Florida Association of Centers for Independent Living shall 1647
administer the James Patrick Memorial Work Incentive Personal 1648
Attendant Services and Employment Assistance Program. 1649
(6) The James Patrick Memorial Work Incentive Personal 1650
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Attendant Services and Employment Assistance Program Oversight 1651
Council is created adjunct to the agency Department of Education 1652
for the purpose of providing program recommendations, 1653
recommending the maximum monthly reimbursement available to 1654
program participants, a dvising the Florida Association of 1655
Centers for Independent Living on policies and procedures, and 1656
recommending the program's annual operating budget for 1657
activities of the association associated with operations, 1658
administration, and oversight. The oversight council shall also 1659
advise on and recommend the schedule of eligible services for 1660
which program participants may be reimbursed subject to the 1661
requirements and limitations of paragraph (3)(c) which, at a 1662
minimum, must include personal care attendant services . The 1663
oversight council shall advise and make its recommendations 1664
under this section to the board of directors of the association. 1665
The oversight council is not subject to the control of or 1666
direction by the agency department, and the agency department is 1667
not responsible for providing staff support or paying any 1668
expenses incurred by the oversight council in the performance of 1669
its duties. 1670
(a) The oversight council consists of the following 1671
members: 1672
1. The director of the division or his or her designee; 1673
2. A human resources professional or an individual who has 1674
significant experience managing and operating a business based 1675
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in this state, recommended by the Florida Chamber of Commerce 1676
and appointed by the Governor; 1677
3. A financial management professional , appointed by the 1678
Governor; 1679
4. A program participant, appointed by the Secretary of 1680
Health or his or her designee; 1681
5. The director of the advisory council on brain and 1682
spinal cord injuries or his or her designee; 1683
6. The director of the Florida Endow ment Foundation for 1684
Vocational Rehabilitation or his or her designee; and 1685
7. The director of the Florida Association of Centers for 1686
Independent Living or his or her designee. 1687
(b) The appointed members shall serve for a term 1688
concurrent with the term of the official who made the 1689
appointment and shall serve at the pleasure of such official. 1690
(c) By February 1 of each year, the oversight council 1691
shall submit a report to the Governor, the President of the 1692
Senate, the Speaker of the House of Representatives, and the 1693
secretary of the agency Commissioner of Education which 1694
summarizes the performance of the program. 1695
Section 39. Paragraph (d) of subsection (1), subsection 1696
(2), and paragraphs (c) and (g) of subsection (9) of section 1697
413.405, Florida Statutes, are amended to read: 1698
413.405 Florida Rehabilitation Council. —There is created 1699
the Florida Rehabilitation Council to assist the division in the 1700
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planning and development of statewide rehabilitation programs 1701
and services, to recommend improvements to such p rograms and 1702
services, and to perform the functions listed in this section. 1703
(1) The council shall be composed of: 1704
(d) At least one qualified vocational rehabilitation 1705
counselor who has knowledge of and experience in vocational 1706
rehabilitation programs, w ho shall serve as an ex officio, 1707
nonvoting member of the council if the counselor is an employee 1708
of the agency department. 1709
(2) Employees of the agency department may serve only as 1710
nonvoting members of the council. 1711
(9) In addition to the other functions specified in this 1712
section, the council shall, after consulting with the state 1713
board as defined in s. 445.002: 1714
(c) Advise the agency department and the division and 1715
assist in the preparation of the state plan and amendments to 1716
the plan, applications, rep orts, needs assessments, and 1717
evaluations required by Title I. 1718
(g) Advise the agency department and division and provide 1719
for coordination and the establishment of working relationships 1720
among the agency department, the division, the Florida 1721
Independent Living Council, and centers for independent living 1722
in the state. 1723
Section 40. Paragraphs (a) and (b) of subsection (1) and 1724
paragraph (a) of subsection (2) of section 413.407, Florida 1725
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Statutes, are amended to read: 1726
413.407 Assistive Technology Advisory Co uncil.—There is 1727
created the Assistive Technology Advisory Council, responsible 1728
for ensuring consumer involvement in the creation, application, 1729
and distribution of technology -related assistance to and for 1730
persons who have disabilities. The council shall ful fill its 1731
responsibilities through statewide policy development, state and 1732
federal legislative initiatives, advocacy at the state and 1733
federal levels, planning of statewide resource allocations, 1734
policy-level management, and reviews of consumer responsiveness 1735
and the adequacy of program service delivery and by performing 1736
the functions listed in this section. 1737
(1)(a) The council shall be composed of: 1738
1. Persons who have disabilities and who are assistive 1739
technology consumers or family members or guardians of those 1740
persons. 1741
2. A representative of a consumer organization concerned 1742
with assistive technology. 1743
3. A representative of business and industry, including 1744
the insurance industry, concerned with assistive technology. 1745
4. A representative of the Divisi on of Vocational 1746
Rehabilitation. 1747
5. A representative of the Division of Blind Services. 1748
6. A representative of a center for independent living. 1749
7. A representative of CareerSource Florida, Inc. 1750
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8. A representative of the agency Department of Educat ion. 1751
9. A representative of any other state agency that 1752
provides or coordinates services for persons with disabilities, 1753
if requested by a majority vote of the council members. 1754
(b) Members of the council shall be appointed by the 1755
secretary of the agency Commissioner of Education from a list of 1756
candidates proposed by the division director. However, a member 1757
who is a representative of a state agency shall be appointed by 1758
the head of that state agency. 1759
(2) In addition to the other functions specified in t his 1760
section, the council shall: 1761
(a) Act as the board of directors of a not -for-profit 1762
corporation created by the division. Through the corporation, 1763
the council shall provide direction to the Florida Alliance for 1764
Assistive Services and Technology, a proje ct sponsored by the 1765
agency department for the coordination and delivery of 1766
appropriate, cost-effective, state-of-the-art assistive 1767
technology services and devices. 1768
Section 41. Subsection (1) of section 413.445, Florida 1769
Statutes, is amended to read: 1770
413.445 Recovery of third -party payments for vocational 1771
rehabilitation and related services. — 1772
(1) As used in this section, "vocational rehabilitation 1773
and related services" means any services that are provided or 1774
paid for by the Division of Vocational Reha bilitation of the 1775
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agency Department of Education . 1776
Section 42. Subsection (2), paragraph (a) of subsection 1777
(4), subsection (5), paragraph (a) of subsection (8), and 1778
subsection (12) of section 413.615, Florida Statutes, are 1779
amended to read: 1780
413.615 Florida Endowment for Vocational Rehabilitation. — 1781
(2) DEFINITIONS.—For the purposes of this section: 1782
(a) "Board" means the board of directors of the Florida 1783
Endowment Foundation for the Division of Vocational 1784
Rehabilitation within the agency Department of Education. 1785
(b) "Endowment fund" means an account established within 1786
the Florida Endowment Foundation for the Division of Vocational 1787
Rehabilitation within the agency Department of Education to 1788
provide a continuing and growing source of revenue for 1789
vocational rehabilitation efforts. 1790
(c) "Foundation" means the Florida Endowment Foundation 1791
for the Division of Vocational Rehabilitation within the agency 1792
Department of Education . 1793
(d) "Operating account" means an account established under 1794
paragraph (4)(c) to carry out the purposes provided in 1795
subsection (10). 1796
(4) REVENUE FOR THE ENDOWMENT FUND. — 1797
(a) The endowment fund of the Florida Endowment for the 1798
Division of Vocational Rehabilitation within the agency 1799
Department of Education is created as a long -term, stable, and 1800
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growing source of revenue to be administered, in accordance with 1801
rules adopted promulgated by the division, by the foundation as 1802
a direct-support organization of the Division of Vocational 1803
Rehabilitation within the agency Department of Educati on. 1804
(5) THE FLORIDA ENDOWMENT FOUNDATION FOR VOCATIONAL 1805
REHABILITATION.—The Florida Endowment Foundation for Vocational 1806
Rehabilitation is hereby created as a direct -support 1807
organization of the Division of Vocational Rehabilitation within 1808
the agency Department of Education, to encourage public and 1809
private support to enhance vocational rehabilitation and 1810
employment of citizens who are disabled. As a direct -support 1811
organization, the foundation shall operate under contract with 1812
the division and shall: 1813
(a) Be a Florida corporation not for profit incorporated 1814
under the provisions of chapter 617 and approved by the 1815
Department of State. 1816
(b) Be organized and operated exclusively to raise funds; 1817
to submit requests and receive grants from the Federal 1818
Government, the state, private foundations, and individuals; to 1819
receive, hold, and administer property; and to make expenditures 1820
to or for the benefit of the rehabilitation programs approved by 1821
the board of directors of the foundation. 1822
(c) Be approved by the divisio n to be operating for the 1823
benefit and best interest of the state. 1824
(8) BOARD OF DIRECTORS. —The foundation shall be 1825
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administered by a board of directors, as follows: 1826
(a) Membership.—The board of directors shall consist of 1827
the director of the Division of Vocational Rehabilitation within 1828
the agency Department of Education , or his or her designee, who 1829
shall serve as an ex officio member, and nine other members who 1830
have an interest in service to persons with disabilities and 1831
who: 1832
1. Have skills in foundatio n work or other fundraising 1833
activities, financial consulting, or investment banking or other 1834
related experience; or 1835
2. Have experience in policymaking or management -level 1836
positions or have otherwise distinguished themselves in the 1837
field of business, indu stry, or rehabilitation. 1838
1839
Disabled individuals who meet the above criteria shall be given 1840
special consideration for appointment. 1841
(12) ANNUAL REPORT. —The board shall issue a report to the 1842
Governor, the President of the Senate, the Speaker of the House 1843
of Representatives, and the secretary of the agency Commissioner 1844
of Education by December 30 each year summarizing the 1845
performance of the endowment fund for the previous fiscal year, 1846
summarizing the foundation's fundraising activities and 1847
performance, and detailing those activities and programs 1848
supported by the endowment principal or earnings on the 1849
endowment principal and those activities and programs supported 1850
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by private sources, bequests, gifts, grants, donations, and 1851
other valued goods and services received. The report must shall 1852
also include: 1853
(a) Financial data, by service ty pe, including 1854
expenditures for administration and the provision of services. 1855
(b) The amount of funds spent on administrative expenses 1856
and fundraising and the amount of funds raised from private 1857
sources. 1858
(c) Outcome data, including the number of individ uals 1859
served and employment outcomes. 1860
Section 43. Paragraphs (a) and (b) of subsection (4) of 1861
section 413.80, Florida Statutes, are amended to read: 1862
413.80 Employment First Act. — 1863
(4) INTERAGENCY COOPERATIVE AGREEMENT. —The following state 1864
agencies and organizations, and others, as appropriate, shall 1865
develop an interagency cooperative agreement to implement this 1866
act: 1867
(a) The Division of Vocational Rehabilitation within of 1868
the Agency for Persons with Disabilities Department of 1869
Education. 1870
(b) The Division of Blind Services within of the Agency 1871
for Persons with Disabilities Department of Education . 1872
Section 44. Subsection (1) of section 413.801, Florida 1873
Statutes, is amended to read: 1874
413.801 Florida Unique Abilities Partner Program. — 1875
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(1) CREATION AND PURPOSE.—The Agency for Persons with 1876
Disabilities shall establish the Florida Unique Abilities 1877
Partner Program to designate a business entity as a Florida 1878
Unique Abilities Partner if the business entity demonstrates 1879
commitment, through employment or support, to the independence 1880
of individuals who have a disability. The agency shall consult 1881
with the Department of Commerce , the Division of Vocational 1882
Rehabilitation of the Department of Education, the Division of 1883
Blind Services of the Department of Educ ation, and CareerSource 1884
Florida, Inc., in creating the program. 1885
Section 45. Paragraph (b) of subsection (1) of section 1886
427.012, Florida Statutes, is amended, and paragraph (g) is 1887
added to that subsection, to read: 1888
427.012 The Commission for the Trans portation 1889
Disadvantaged.—There is created the Commission for the 1890
Transportation Disadvantaged in the Department of 1891
Transportation. 1892
(1) The commission shall be composed of 11 members, all of 1893
whom shall be appointed by the Governor, in accordance with the 1894
requirements of s. 20.052, as follows: 1895
(b) The secretary director of the Agency for Persons with 1896
Disabilities or his or her designee. 1897
(g) The Secretary of Transportation, the Secretary of 1898
Children and Families, the Secretary of Commerce, the executive 1899
director of the Department of Veterans' Affairs, the Secretary 1900
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of Elderly Affairs, the Secretary of Health Care Administration, 1901
the secretary of the Agency for Persons with Disabilities, and a 1902
county manager or administrator who is appointed by the 1903
Governor, or a senior management -level representative of each, 1904
shall serve as ex officio, nonvoting advisors to the commission. 1905
Section 46. Paragraph (b) of subsection (6) of section 1906
943.0585, Florida Statutes, is amended to read: 1907
943.0585 Court-ordered expunction of criminal history 1908
records.— 1909
(6) EFFECT OF EXPUNCTION ORDER. — 1910
(b) The person who is the subject of a criminal history 1911
record that is expunged under this section or under other 1912
provisions of law, including former ss. 893.14, 901.33, and 1913
943.058, may lawfully deny or fail to acknowledge the arrests 1914
covered by the expunged record, except when the subject of the 1915
record: 1916
1. Is a candidate for employment with a criminal justice 1917
agency; 1918
2. Is a defendant in a criminal prosecution; 1919
3. Concurrently or subsequently petitions for relief under 1920
this section, s. 943.0583, or s. 943.059; 1921
4. Is a candidate for admission to The Florida Bar; 1922
5. Is seeking to be employed or licensed by or to contract 1923
with the Department of Children and Families, the Divi sion of 1924
Vocational Rehabilitation within the Agency for Persons with 1925
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Disabilities Department of Education , the Agency for Health Care 1926
Administration, the Agency for Persons with Disabilities, the 1927
Department of Health, the Department of Elderly Affairs, or the 1928
Department of Juvenile Justice or to be employed or used by such 1929
contractor or licensee in a sensitive position having direct 1930
contact with children, the disabled, or the elderly; 1931
6.a. Is seeking to be employed or licensed by, or contract 1932
with, the Department of Education, any district unit under s. 1933
1001.30, any special district unit under s. 1011.24, the Florida 1934
School for the Deaf and the Blind under s. 1002.36, the Florida 1935
Virtual School under s. 1002.37, any virtual instruction program 1936
under s. 1002.45, any charter school under s. 1002.33, any hope 1937
operator under s. 1002.333, any alternative school under s. 1938
1008.341, any private or parochial school, or any local 1939
governmental entity that licenses child care facilities; 1940
b. Is seeking to be employed or used by a contractor or 1941
licensee under sub-subparagraph a.; or 1942
c. Is a person screened under s. 1012.467; 1943
7. Is seeking to be licensed by the Division of Insurance 1944
Agent and Agency Services within the Department of Financial 1945
Services; or 1946
8. Is seeking to be appointed as a guardian pursuant to s. 1947
744.3125. 1948
Section 47. Paragraph (b) of subsection (6) of section 1949
943.059, Florida Statutes, is amended to read: 1950
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943.059 Court-ordered sealing of criminal history 1951
records.— 1952
(6) EFFECT OF ORDER. — 1953
(b) The subject of the criminal history record sealed 1954
under this section or under other provisions of law, including 1955
former ss. 893.14, 901.33, and 943.058, may lawfully deny or 1956
fail to acknowledge the arrests covered by the sealed record, 1957
except when the subject of the record: 1958
1. Is a candidate for employment with a criminal justice 1959
agency; 1960
2. Is a defendant in a criminal prosecution; 1961
3. Concurrently or subsequently petitions for relief under 1962
this section, s. 943.0583, or s. 943.0585; 1963
4. Is a candidate for admission to The Florida Bar; 1964
5. Is seeking to be employed or licensed by or to contract 1965
with the Department of Children and Families, the Division of 1966
Vocational Rehabilitation within the Agency for Persons with 1967
Disabilities Department of Educatio n, the Agency for Health Care 1968
Administration, the Agency for Persons with Disabilities, the 1969
Department of Health, the Department of Elderly Affairs, or the 1970
Department of Juvenile Justice or to be employed or used by such 1971
contractor or licensee in a sensiti ve position having direct 1972
contact with children, the disabled, or the elderly; 1973
6.a. Is seeking to be employed or licensed by, or contract 1974
with, the Department of Education, a district unit under s. 1975
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1001.30, a special district unit under s. 1011.24, the F lorida 1976
School for the Deaf and the Blind under s. 1002.36, the Florida 1977
Virtual School under s. 1002.37, a virtual instruction program 1978
under s. 1002.45, a charter school under s. 1002.33, a hope 1979
operator under s. 1002.333, an alternative school under s. 1980
1008.341, a private or parochial school, or a local governmental 1981
entity that licenses child care facilities; 1982
b. Is seeking to be employed or used by a contractor or 1983
licensee under sub-subparagraph a.; or 1984
c. Is a person screened under s. 1012.467; 1985
7. Is attempting to purchase a firearm from a licensed 1986
importer, licensed manufacturer, or licensed dealer and is 1987
subject to a criminal history check under state or federal law; 1988
8. Is seeking to be licensed by the Division of Insurance 1989
Agent and Agency Service s within the Department of Financial 1990
Services; 1991
9. Is seeking to be appointed as a guardian pursuant to s. 1992
744.3125; or 1993
10. Is seeking to be licensed by the Bureau of License 1994
Issuance of the Division of Licensing within the Department of 1995
Agriculture and Consumer Services to carry a concealed weapon or 1996
concealed firearm. This subparagraph applies only in the 1997
determination of an applicant's eligibility under s. 790.06. 1998
Section 48. Paragraph (e) of subsection (2) of section 1999
1002.394, Florida Statutes, i s amended to read: 2000
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1002.394 The Family Empowerment Scholarship Program. — 2001
(2) DEFINITIONS.—As used in this section, the term: 2002
(e) "Disability" means, for a 3 - or 4-year-old child or 2003
for a student in kindergarten to grade 12, autism spectrum 2004
disorder, as defined in the Diagnostic and Statistical Manual of 2005
Mental Disorders, Fifth Edition, published by the American 2006
Psychiatric Association; cerebral palsy, as defined in s. 2007
393.063; Down syndrome, as defined in s. 393.063; an 2008
intellectual disability, as def ined in s. 393.063; a speech 2009
impairment; a language impairment; an orthopedic impairment; any 2010
other health impairment; an emotional or a behavioral 2011
disability; a specific learning disability, including, but not 2012
limited to, dyslexia, dyscalculia, or develop mental aphasia; 2013
Phelan-McDermid syndrome, as defined in s. 393.063; Prader -Willi 2014
syndrome, as defined in s. 393.063; spina bifida, as defined in 2015
s. 393.063; being a high -risk child, as defined in s. 2016
393.063(23)(a) s. 393.063(22)(a); muscular dystrophy; Wil liams 2017
syndrome; rare diseases which affect patient populations of 2018
fewer than 200,000 individuals in the United States, as defined 2019
by the National Organization for Rare Disorders; anaphylaxis; a 2020
hearing impairment, including deafness; a visual impairment, 2021
including blindness; traumatic brain injury; hospital or 2022
homebound; or identification as dual sensory impaired, as 2023
defined by rules of the State Board of Education and evidenced 2024
by reports from local school districts. The term "hospital or 2025
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homebound" includes a student who has a medically diagnosed 2026
physical or psychiatric condition or illness, as defined by the 2027
state board in rule, and who is confined to the home or hospital 2028
for more than 6 months. 2029
Section 49. Present subsection (3) of section 1003.575, 2030
Florida Statutes, is redesignated as subsection (4), a new 2031
subsection (3) is added to that section, and subsection (2) of 2032
that section is amended, to read: 2033
1003.575 Assistive technology devices; findings; 2034
interagency agreements. —Accessibility, utilizatio n, and 2035
coordination of appropriate assistive technology devices and 2036
services are essential as a young person with disabilities moves 2037
from early intervention to preschool, from preschool to school, 2038
from one school to another, from school to employment or 2039
independent living, and from school to home and community. If an 2040
individual education plan team makes a recommendation in 2041
accordance with State Board of Education rule for a student with 2042
a disability, as defined in s. 1003.01(9), to receive an 2043
assistive technology assessment, that assessment must be 2044
completed within 60 school days after the team's recommendation. 2045
To ensure that an assistive technology device issued to a young 2046
person as part of his or her individualized family support plan, 2047
individual support plan, individualized plan for employment, or 2048
individual education plan remains with the individual through 2049
such transitions, the following agencies shall enter into 2050
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interagency agreements, as appropriate, to ensure the 2051
transaction of assistive technology d evices: 2052
(2) The Division of Blind Services, the Bureau of 2053
Exceptional Education and Student Services and, the Office of 2054
Independent Education and Parental Choice , and the Division of 2055
Vocational Rehabilitation of the Department of Education. 2056
(3) The Division of Blind Services and the Division of 2057
Vocational Rehabilitation of the Agency for Persons with 2058
Disabilities. 2059
2060
Interagency agreements entered into pursuant to this section 2061
shall provide a framework for ensuring that young persons with 2062
disabilities and their families, educators, and employers are 2063
informed about the utilization and coordination of assistive 2064
technology devices and services that may assist in meeting 2065
transition needs, and shall establish a mechanism by which a 2066
young person or his or her pa rent may request that an assistive 2067
technology device remain with the young person as he or she 2068
moves through the continuum from home to school to postschool. 2069
Section 50. Paragraph (c) of subsection (4) of section 2070
1004.6495, Florida Statutes, is amended to read: 2071
1004.6495 Florida Postsecondary Comprehensive Transition 2072
Program and Florida Center for Students with Unique Abilities. — 2073
(4) STUDENT ELIGIBILITY. —To be eligible to enroll in an 2074
FPCTP at an eligible institution, a student must, as determined 2075
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by the institution, based on guidelines established by the 2076
center: 2077
(c) Submit to the eligible institution documentation 2078
regarding his or her intellectual disability. Such documentation 2079
may include, but need not be limited to, a current 2080
individualized plan for employment associated with a review 2081
completed pursuant to s. 413.20 s. 413.20(3) or a diagnosis from 2082
a physician who is licensed under chapter 458 or chapter 459 or 2083
a psychologist licensed under chapter 490. 2084
Section 51. Subsection (2) of section 1012.582, Florida 2085
Statutes, is amended to read: 2086
1012.582 Continuing education and inservice training for 2087
teaching students with developmental and emotional or behavioral 2088
disabilities.— 2089
(2) In developing the recommendations, the commissioner 2090
shall consult with the State Surgeon General, the secretary 2091
Director of the Agency for Persons with Disabilities, 2092
representatives from the education community in the state, and 2093
representatives from e ntities that promote awareness about 2094
autism spectrum disorder, Down syndrome, other developmental 2095
disabilities, and emotional or behavioral disabilities and 2096
provide programs and services to persons with disabilities, 2097
including, but not limited to, regional autism centers pursuant 2098
to s. 1004.55. 2099
Section 52. This act shall take effect July 1, 2025. 2100