Bill Text: FL S0938 | 2014 | Regular Session | Enrolled
Bill Title: Florida Statutes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-05-14 - Chapter No. 2014-19 [S0938 Detail]
Download: Florida-2014-S0938-Enrolled.html
ENROLLED 2014 Legislature SB 938 2014938er 1 2 An act relating to the Florida Statutes; amending ss. 3 14.2019, 14.20195, 16.615, 17.61, 20.195, 20.197, 4 20.506, 28.101, 39.001, 39.0016, 39.01, 39.2021, 5 39.303, 39.3031, 39.3032, 39.3035, 39.3065, 39.308, 6 39.395, 39.5085, 39.604, 39.9055, 61.20, 61.21, 7 63.022, 63.032, 63.039, 63.054, 63.202, 90.503, 8 110.205, 120.80, 121.0515, 125.0109, 125.901, 125.902, 9 154.067, 154.306, 166.0445, 186.901, 194.013, 196.095, 10 212.04, 212.08, 213.053, 215.5601, 218.65, 252.355, 11 253.034, 282.201, 284.40, 287.0575, 287.155, 288.0656, 12 288.975, 316.6135, 318.14, 320.0848, 322.055, 364.10, 13 379.353, 381.0022, 381.006, 381.0072, 381.0303, 14 381.0407, 382.016, 383.011, 383.402, 393.002, 393.065, 15 393.0661, 393.0673, 393.125, 393.135, 393.18, 394.453, 16 394.455, 394.457, 394.4574, 394.461, 394.4612, 17 394.4615, 394.46715, 394.4781, 394.47865, 394.480, 18 394.492, 394.493, 394.4985, 394.499, 394.656, 394.657, 19 394.658, 394.66, 394.67, 394.745, 394.75, 394.78, 20 394.9084, 394.912, 394.913, 394.9135, 394.9151, 21 394.917, 394.9215, 394.929, 394.930, 394.931, 22 395.1023, 395.3025, 397.311, 397.333, 397.334, 23 397.6758, 397.753, 397.754, 397.801, 397.998, 24 400.0065, 400.0069, 400.021, 400.022, 400.462, 25 400.464, 400.925, 402.04, 402.06, 402.07, 402.115, 26 402.12, 402.16, 402.161, 402.164, 402.17, 402.18, 27 402.181, 402.185, 402.19, 402.20, 402.22, 402.281, 28 402.302, 402.30501, 402.3115, 402.33, 402.35, 402.40, 29 402.401, 402.47, 402.49, 402.56, 402.70, 402.73, 30 402.7305, 402.7306, 402.731, 402.80, 402.81, 402.86, 31 402.87, 408.033, 408.20, 408.301, 408.302, 408.809, 32 408.916, 409.016, 409.017, 409.141, 409.146, 409.147, 33 409.153, 409.166, 409.167, 409.1671, 409.16715, 34 409.16745, 409.1675, 409.1676, 409.1679, 409.175, 35 409.1755, 409.221, 409.2355, 409.2572, 409.2577, 36 409.2599, 409.285, 409.403, 409.404, 409.406, 409.407, 37 409.4101, 409.441, 409.813, 409.8135, 409.8177, 38 409.818, 409.821, 409.901, 409.902, 409.90201, 39 409.903, 409.906, 409.9102, 409.91195, 409.912, 40 409.9122, 409.913, 409.919, 409.962, 410.032, 410.602, 41 410.603, 411.223, 411.224, 411.226, 411.227, 413.031, 42 413.208, 413.271, 413.402, 414.0252, 414.175, 414.27, 43 414.32, 414.37, 414.39, 414.391, 414.40, 414.411, 44 414.42, 415.102, 415.107, 415.1071, 419.001, 420.621, 45 420.622, 420.628, 421.10, 427.012, 429.01, 429.075, 46 429.08, 429.19, 429.23, 429.26, 429.31, 429.34, 47 429.41, 429.67, 429.73, 429.75, 430.2053, 430.705, 48 435.02, 445.016, 445.021, 445.028, 445.029, 445.033, 49 445.034, 445.035, 445.048, 445.051, 450.191, 456.0391, 50 464.0205, 466.003, 466.023, 489.503, 490.012, 491.012, 51 509.013, 553.80, 561.19, 561.20, 624.351, 624.91, 52 651.117, 683.331, 718.115, 720.309, 741.01, 741.29, 53 742.107, 743.045, 743.046, 743.0645, 744.1075, 753.01, 54 765.110, 766.101, 775.0837, 775.16, 784.046, 784.074, 55 784.081, 787.06, 796.07, 817.505, 839.13, 877.111, 56 893.11, 893.15, 893.165, 916.105, 916.106, 921.0022, 57 937.021, 938.01, 938.10, 938.23, 943.0311, 943.04353, 58 943.053, 943.06, 943.17296, 944.024, 944.17, 944.706, 59 945.025, 945.10, 945.12, 945.46, 945.47, 945.49, 60 947.13, 947.146, 948.01, 984.01, 984.03, 984.071, 61 984.085, 984.086, 984.10, 984.15, 984.19, 984.22, 62 984.225, 984.226, 985.03, 985.046, 985.047, 985.11, 63 985.145, 985.155, 985.18, 985.19, 985.433, 985.461, 64 985.48, 985.556, 985.565, 985.601, 985.61, 985.614, 65 985.64, 985.731, 985.8025, 1001.42, 1002.3305, 66 1002.395, 1002.57, 1003.27, 1003.49, 1003.51, 1003.57, 67 1003.58, 1004.44, 1004.61, 1004.93, 1006.03, 1006.061, 68 1008.39, 1009.25, 1010.57, 1011.62, 1012.32, 1012.62, 69 and 1012.98, F.S.; to conform references within the 70 Florida Statutes to the redesignation of the 71 Department of Children and Family Services as the 72 Department of Children and Families by section 2 of 73 chapter 2012-84, Laws of Florida; providing an 74 effective date. 75 76 Be It Enacted by the Legislature of the State of Florida: 77 78 Section 1. Subsections (1) and (3) of section 14.2019, 79 Florida Statutes, are amended to read: 80 14.2019 Statewide Office for Suicide Prevention.— 81 (1) The Statewide Office for Suicide Prevention is created 82 within the Department of Children and FamiliesFamily Services. 83 (3) The Statewide Office for Suicide Prevention may seek 84 and accept grants or funds from any federal, state, or local 85 source to support the operation and defray the authorized 86 expenses of the office and the Suicide Prevention Coordinating 87 Council. Revenues from grants shall be deposited in the Grants 88 and Donations Trust Fund within the Department of Children and 89 FamiliesFamily Services. In accordance with s. 216.181(11), the 90 Executive Office of the Governor may request changes to the 91 approved operating budget to allow the expenditure of any 92 additional grant funds collected pursuant to this subsection. 93 Section 2. Paragraph (b) of subsection (2) of section 94 14.20195, Florida Statutes, is amended to read: 95 14.20195 Suicide Prevention Coordinating Council; creation; 96 membership; duties.—There is created within the Statewide Office 97 for Suicide Prevention a Suicide Prevention Coordinating 98 Council. The council shall develop strategies for preventing 99 suicide. 100 (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council 101 shall consist of 27 voting members and one nonvoting member. 102 (b) The following state officials or their designees shall 103 serve on the coordinating council: 104 1. The Secretary of Elderly Affairs. 105 2. The State Surgeon General. 106 3. The Commissioner of Education. 107 4. The Secretary of Health Care Administration. 108 5. The Secretary of Juvenile Justice. 109 6. The Secretary of Corrections. 110 7. The executive director of the Department of Law 111 Enforcement. 112 8. The executive director of the Department of Veterans’ 113 Affairs. 114 9. The Secretary of Children and FamiliesFamily Services. 115 10. The executive director of the Department of Economic 116 Opportunity. 117 Section 3. Paragraphs (c) and (d) of subsection (1) of 118 section 16.615, Florida Statutes, are amended to read: 119 16.615 Council on the Social Status of Black Men and Boys.— 120 (1) The Council on the Social Status of Black Men and Boys 121 is established within the Department of Legal Affairs and shall 122 consist of 19 members appointed as follows: 123 (c) The Secretary of Children and FamiliesFamily Services124 or his or her designee. 125 (d) The director of the Mental Health Program Office within 126 the Department of Children and FamiliesFamily Servicesor his 127 or her designee. 128 Section 4. Paragraph (c) of subsection (3) of section 129 17.61, Florida Statutes, is amended to read: 130 17.61 Chief Financial Officer; powers and duties in the 131 investment of certain funds.— 132 (3) 133 (c) Except as provided in this paragraph and except for 134 moneys described in paragraph (d), the following agencies may 135 not invest trust fund moneys as provided in this section, but 136 shall retain such moneys in their respective trust funds for 137 investment, with interest appropriated to the General Revenue 138 Fund, pursuant to s. 17.57: 139 1. The Agency for Health Care Administration, except for 140 the Tobacco Settlement Trust Fund. 141 2. The Agency for Persons with Disabilities, except for: 142 a. The Federal Grants Trust Fund. 143 b. The Tobacco Settlement Trust Fund. 144 3. The Department of Children and FamiliesFamily Services, 145 except for: 146 a. The Alcohol, Drug Abuse, and Mental Health Trust Fund. 147 b. The Social Services Block Grant Trust Fund. 148 c. The Tobacco Settlement Trust Fund. 149 d. The Working Capital Trust Fund. 150 4. The Department of Corrections. 151 5. The Department of Elderly Affairs, except for: 152 a. The Federal Grants Trust Fund. 153 b. The Tobacco Settlement Trust Fund. 154 6. The Department of Health, except for: 155 a. The Federal Grants Trust Fund. 156 b. The Grants and Donations Trust Fund. 157 c. The Maternal and Child Health Block Grant Trust Fund. 158 d. The Tobacco Settlement Trust Fund. 159 7. The Department of Highway Safety and Motor Vehicles, 160 only for the Security Deposits Trust Fund. 161 8. The Department of Juvenile Justice. 162 9. The Department of Law Enforcement. 163 10. The Department of Legal Affairs. 164 11. The Department of State, only for: 165 a. The Grants and Donations Trust Fund. 166 b. The Records Management Trust Fund. 167 12. The Department of Economic Opportunity, only for: 168 a. The Economic Development Transportation Trust Fund. 169 b. The Economic Development Trust Fund. 170 13. The Florida Public Service Commission, only for the 171 Florida Public Service Regulatory Trust Fund. 172 14. The Justice Administrative Commission. 173 15. The state courts system. 174 Section 5. Section 20.195, Florida Statutes, is amended to 175 read: 176 20.195 Department of Children and FamiliesFamily Services; 177 trust funds.—The following trust funds shall be administered by 178 the Department of Children and FamiliesFamily Services: 179 (1) Administrative Trust Fund. 180 (a) Funds to be credited to and uses of the trust fund 181 shall be administered in accordance with the provisions of s. 182 215.32. 183 (b) Notwithstanding the provisions of s. 216.301 and 184 pursuant to s. 216.351, any balance in the trust fund at the end 185 of any fiscal year shall remain in the trust fund at the end of 186 the year and shall be available for carrying out the purposes of 187 the trust fund. 188 (2) Alcohol, Drug Abuse, and Mental Health Trust Fund. 189 (a) Funds to be credited to the trust fund shall consist of 190 federal mental health or substance abuse block grant funds, and 191 shall be used for the purpose of providing mental health or 192 substance abuse treatment and support services to department 193 clients and for other such purposes as may be appropriate. 194 (b) Notwithstanding the provisions of s. 216.301 and 195 pursuant to s. 216.351, any balance in the trust fund at the end 196 of any fiscal year shall remain in the trust fund at the end of 197 the year and shall be available for carrying out the purposes of 198 the trust fund. 199 (3) Child Welfare Training Trust Fund. 200 (a) Funds to be credited to and uses of the trust fund 201 shall be administered in accordance with the provisions of s. 202 402.40. 203 (b) Notwithstanding the provisions of s. 216.301 and 204 pursuant to s. 216.351, any balance in the trust fund at the end 205 of any fiscal year shall remain in the trust fund at the end of 206 the year and shall be available for carrying out the purposes of 207 the trust fund. 208 (4) Domestic Violence Trust Fund. 209 (a) Funds to be credited to and uses of the trust fund 210 shall be administered in accordance with the provisions of s. 211 28.101, part XII of chapter 39, and chapter 741. 212 (b) Notwithstanding the provisions of s. 216.301 and 213 pursuant to s. 216.351, any balance in the trust fund at the end 214 of any fiscal year shall remain in the trust fund at the end of 215 the year and shall be available for carrying out the purposes of 216 the trust fund. 217 (5) Federal Grants Trust Fund. 218 (a) Funds to be credited to and uses of the trust fund 219 shall be administered in accordance with the provisions of s. 220 215.32. 221 (b) Notwithstanding the provisions of s. 216.301 and 222 pursuant to s. 216.351, any balance in the trust fund at the end 223 of any fiscal year shall remain in the trust fund at the end of 224 the year and shall be available for carrying out the purposes of 225 the trust fund. 226 (6) Grants and Donations Trust Fund. 227 (a) Funds to be credited to and uses of the trust fund 228 shall be administered in accordance with the provisions of s. 229 215.32. 230 (b) Notwithstanding the provisions of s. 216.301 and 231 pursuant to s. 216.351, any balance in the trust fund at the end 232 of any fiscal year shall remain in the trust fund at the end of 233 the year and shall be available for carrying out the purposes of 234 the trust fund. 235 (7) Operations and Maintenance Trust Fund. 236 (a) Funds to be credited to and uses of the trust fund 237 shall be administered in accordance with the provisions of s. 238 215.32. 239 (b) Notwithstanding the provisions of s. 216.301 and 240 pursuant to s. 216.351, any balance in the trust fund at the end 241 of any fiscal year shall remain in the trust fund at the end of 242 the year and shall be available for carrying out the purposes of 243 the trust fund. 244 (8) Social Services Block Grant Trust Fund. 245 (a) Funds to be credited to the trust fund shall consist of 246 federal social services block grant funds, and shall be used for 247 the purpose of providing health care and support services to 248 department clients and for other such purposes as may be 249 appropriate. 250 (b) Notwithstanding the provisions of s. 216.301 and 251 pursuant to s. 216.351, any balance in the trust fund at the end 252 of any fiscal year shall remain in the trust fund at the end of 253 the year and shall be available for carrying out the purposes of 254 the trust fund. 255 (9) Tobacco Settlement Trust Fund. 256 (a) Funds to be credited to the trust fund shall consist of 257 funds disbursed, by nonoperating transfer, from the Department 258 of Financial Services Tobacco Settlement Clearing Trust Fund in 259 amounts equal to the annual appropriations made from this trust 260 fund. 261 (b) Notwithstanding the provisions of s. 216.301 and 262 pursuant to s. 216.351, any unencumbered balance in the trust 263 fund at the end of any fiscal year and any encumbered balance 264 remaining undisbursed on September 30 of the same calendar year 265 shall revert to the Department of Financial Services Tobacco 266 Settlement Clearing Trust Fund. 267 (10) Welfare Transition Trust Fund. 268 (a) Funds to be credited to and uses of the trust fund 269 shall be administered in accordance with the provisions of s. 270 20.506. 271 (b) Notwithstanding the provisions of s. 216.301 and 272 pursuant to s. 216.351, any balance in the trust fund at the end 273 of any fiscal year shall remain in the trust fund at the end of 274 the year and shall be available for carrying out the purposes of 275 the trust fund. 276 (11) Working Capital Trust Fund. 277 (a) Funds to be credited to and uses of the trust fund 278 shall be administered in accordance with the provisions of s. 279 215.32. 280 (b) Notwithstanding the provisions of s. 216.301 and 281 pursuant to s. 216.351, any balance in the trust fund at the end 282 of any fiscal year shall remain in the trust fund at the end of 283 the year and shall be available for carrying out the purposes of 284 the trust fund. 285 Section 6. Section 20.197, Florida Statutes, is amended to 286 read: 287 20.197 Agency for Persons with Disabilities.—There is 288 created the Agency for Persons with Disabilities, housed within 289 the Department of Children and FamiliesFamily Servicesfor 290 administrative purposes only. The agency shall be a separate 291 budget entity not subject to control, supervision, or direction 292 by the Department of Children and FamiliesFamily Servicesin 293 any manner, including, but not limited to, personnel, 294 purchasing, transactions involving real or personal property, 295 and budgetary matters. 296 (1) The director of the agency shall be the agency head for 297 all purposes and shall be appointed by the Governor, subject to 298 confirmation by the Senate, and shall serve at the pleasure of 299 the Governor. The director shall administer the affairs of the 300 agency and may, within available resources, employ assistants, 301 professional staff, and other employees as necessary to 302 discharge the powers and duties of the agency. 303 (2) The agency shall include a Division of Budget and 304 Planning and a Division of Operations. In addition, and in 305 accordance with s. 20.04, the director of the agency may 306 recommend establishing additional divisions, bureaus, sections, 307 and subsections of the agency in order to promote efficient and 308 effective operation of the agency. 309 (3) The agency is responsible for providing all services 310 provided to persons with developmental disabilities under 311 chapter 393, including the operation of all state institutional 312 programs and the programmatic management of Medicaid waivers 313 established to provide services to persons with developmental 314 disabilities. 315 (4) The agency shall engage in such other administrative 316 activities as are deemed necessary to effectively and 317 efficiently address the needs of the agency’s clients. 318 (5) The agency shall enter into an interagency agreement 319 that delineates the responsibilities of the Agency for Health 320 Care Administration for the following: 321 (a) The terms and execution of contracts with Medicaid 322 providers for the provision of services provided through 323 Medicaid, including federally approved waiver programs. 324 (b) The billing, payment, and reconciliation of claims for 325 Medicaid services reimbursed by the agency. 326 (c) The implementation of utilization management measures, 327 including the prior authorization of services plans and the 328 streamlining and consolidation of waiver services, to ensure the 329 cost-effective provision of needed Medicaid services and to 330 maximize the number of persons with access to such services. 331 (d) A system of approving each client’s plan of care to 332 ensure that the services on the plan of care are those that 333 without which the client would require the services of an 334 intermediate care facility for the developmentally disabled. 335 Section 7. Section 20.506, Florida Statutes, is amended to 336 read: 337 20.506 Welfare Transition Trust Fund.—The Welfare 338 Transition Trust Fund is created within the Department of 339 Children and FamiliesFamily Servicesfor the purposes of 340 receiving federal funds under the Temporary Assistance for Needy 341 Families Program. Trust fund moneys shall be used exclusively 342 for the purpose of providing services to individuals eligible 343 for Temporary Assistance for Needy Families pursuant to the 344 requirements and limitations of part A of Title IV of the Social 345 Security Act, as amended, or any other applicable federal 346 requirement or limitation. Funds credited to the trust fund 347 consist of those funds collected from the Temporary Assistance 348 for Needy Families Block Grant. 349 Section 8. Paragraph (c) of subsection (1) of section 350 28.101, Florida Statutes, is amended to read: 351 28.101 Petitions and records of dissolution of marriage; 352 additional charges.— 353 (1) When a party petitions for a dissolution of marriage, 354 in addition to the filing charges in s. 28.241, the clerk shall 355 collect and receive: 356 (c) A charge of $55. On a monthly basis, the clerk shall 357 transfer the moneys collected pursuant to this paragraph to the 358 Department of Revenue for deposit in the Domestic Violence Trust 359 Fund. Such funds which are generated shall be directed to the 360 Department of Children and FamiliesFamily Servicesfor the 361 specific purpose of funding domestic violence centers. 362 Section 9. Paragraph (a) of subsection (9) of section 363 39.001, Florida Statutes, is amended to read: 364 39.001 Purposes and intent; personnel standards and 365 screening.— 366 (9) PLAN FOR COMPREHENSIVE APPROACH.— 367 (a) The office shall develop a state plan for the promotion 368 of adoption, support of adoptive families, and prevention of 369 abuse, abandonment, and neglect of children and shall submit the 370 state plan to the Speaker of the House of Representatives, the 371 President of the Senate, and the Governor no later than December 372 31, 2008. The Department of Children and FamiliesFamily373Services, the Department of Corrections, the Department of 374 Education, the Department of Health, the Department of Juvenile 375 Justice, the Department of Law Enforcement, and the Agency for 376 Persons with Disabilities shall participate and fully cooperate 377 in the development of the state plan at both the state and local 378 levels. Furthermore, appropriate local agencies and 379 organizations shall be provided an opportunity to participate in 380 the development of the state plan at the local level. 381 Appropriate local groups and organizations shall include, but 382 not be limited to, community mental health centers; guardian ad 383 litem programs for children under the circuit court; the school 384 boards of the local school districts; the Florida local advocacy 385 councils; community-based care lead agencies; private or public 386 organizations or programs with recognized expertise in working 387 with child abuse prevention programs for children and families; 388 private or public organizations or programs with recognized 389 expertise in working with children who are sexually abused, 390 physically abused, emotionally abused, abandoned, or neglected 391 and with expertise in working with the families of such 392 children; private or public programs or organizations with 393 expertise in maternal and infant health care; multidisciplinary 394 child protection teams; child day care centers; law enforcement 395 agencies; and the circuit courts, when guardian ad litem 396 programs are not available in the local area. The state plan to 397 be provided to the Legislature and the Governor shall include, 398 as a minimum, the information required of the various groups in 399 paragraph (b). 400 Section 10. Paragraph (b) of subsection (1) and paragraph 401 (b) of subsection (3) of section 39.0016, Florida Statutes, are 402 amended to read: 403 39.0016 Education of abused, neglected, and abandoned 404 children; agency agreements; children having or suspected of 405 having a disability.— 406 (1) DEFINITIONS.—As used in this section, the term: 407 (b) “Department” means the Department of Children and 408 FamiliesFamily Servicesor a community-based care lead agency 409 acting on behalf of the Department of Children and Families 410Family Services, as appropriate. 411 (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.— 412 (b)1. Each district school superintendent or dependency 413 court must appoint a surrogate parent for a child known to the 414 department who has or is suspected of having a disability, as 415 defined in s. 1003.01(3), when: 416 a. After reasonable efforts, no parent can be located; or 417 b. A court of competent jurisdiction over a child under 418 this chapter has determined that no person has the authority 419 under the Individuals with Disabilities Education Act, including 420 the parent or parents subject to the dependency action, or that 421 no person has the authority, willingness, or ability to serve as 422 the educational decisionmaker for the child without judicial 423 action. 424 2. A surrogate parent appointed by the district school 425 superintendent or the court must be at least 18 years old and 426 have no personal or professional interest that conflicts with 427 the interests of the student to be represented. Neither the 428 district school superintendent nor the court may appoint an 429 employee of the Department of Education, the local school 430 district, a community-based care provider, the Department of 431 Children and FamiliesFamily Services, or any other public or 432 private agency involved in the education or care of the child as 433 appointment of those persons is prohibited by federal law. This 434 prohibition includes group home staff and therapeutic foster 435 parents. However, a person who acts in a parental role to a 436 child, such as a foster parent or relative caregiver, is not 437 prohibited from serving as a surrogate parent if he or she is 438 employed by such agency, willing to serve, and knowledgeable 439 about the child and the exceptional student education process. 440 The surrogate parent may be a court-appointed guardian ad litem 441 or a relative or nonrelative adult who is involved in the 442 child’s life regardless of whether that person has physical 443 custody of the child. Each person appointed as a surrogate 444 parent must have the knowledge and skills acquired by 445 successfully completing training using materials developed and 446 approved by the Department of Education to ensure adequate 447 representation of the child. 448 3. If a guardian ad litem has been appointed for a child, 449 the district school superintendent must first consider the 450 child’s guardian ad litem when appointing a surrogate parent. 451 The district school superintendent must accept the appointment 452 of the court if he or she has not previously appointed a 453 surrogate parent. Similarly, the court must accept a surrogate 454 parent duly appointed by a district school superintendent. 455 4. A surrogate parent appointed by the district school 456 superintendent or the court must be accepted by any subsequent 457 school or school district without regard to where the child is 458 receiving residential care so that a single surrogate parent can 459 follow the education of the child during his or her entire time 460 in state custody. Nothing in this paragraph or in rule shall 461 limit or prohibit the continuance of a surrogate parent 462 appointment when the responsibility for the student’s 463 educational placement moves among and between public and private 464 agencies. 465 5. For a child known to the department, the responsibility 466 to appoint a surrogate parent resides with both the district 467 school superintendent and the court with jurisdiction over the 468 child. If the court elects to appoint a surrogate parent, notice 469 shall be provided as soon as practicable to the child’s school. 470 At any time the court determines that it is in the best 471 interests of a child to remove a surrogate parent, the court may 472 appoint a new surrogate parent for educational decisionmaking 473 purposes for that child. 474 6. The surrogate parent shall continue in the appointed 475 role until one of the following occurs: 476 a. The child is determined to no longer be eligible or in 477 need of special programs, except when termination of special 478 programs is being contested. 479 b. The child achieves permanency through adoption or legal 480 guardianship and is no longer in the custody of the department. 481 c. The parent who was previously unknown becomes known, 482 whose whereabouts were unknown is located, or who was 483 unavailable is determined by the court to be available. 484 d. The appointed surrogate no longer wishes to represent 485 the child or is unable to represent the child. 486 e. The superintendent of the school district in which the 487 child is attending school, the Department of Education contract 488 designee, or the court that appointed the surrogate determines 489 that the appointed surrogate parent no longer adequately 490 represents the child. 491 f. The child moves to a geographic location that is not 492 reasonably accessible to the appointed surrogate. 493 7. The appointment and termination of appointment of a 494 surrogate under this paragraph shall be entered as an order of 495 the court with a copy of the order provided to the child’s 496 school as soon as practicable. 497 8. The person appointed as a surrogate parent under this 498 paragraph must: 499 a. Be acquainted with the child and become knowledgeable 500 about his or her disability and educational needs. 501 b. Represent the child in all matters relating to 502 identification, evaluation, and educational placement and the 503 provision of a free and appropriate education to the child. 504 c. Represent the interests and safeguard the rights of the 505 child in educational decisions that affect the child. 506 9. The responsibilities of the person appointed as a 507 surrogate parent shall not extend to the care, maintenance, 508 custody, residential placement, or any other area not 509 specifically related to the education of the child, unless the 510 same person is appointed by the court for such other purposes. 511 10. A person appointed as a surrogate parent shall enjoy 512 all of the procedural safeguards afforded a parent with respect 513 to the identification, evaluation, and educational placement of 514 a student with a disability or a student who is suspected of 515 having a disability. 516 11. A person appointed as a surrogate parent shall not be 517 held liable for actions taken in good faith on behalf of the 518 student in protecting the special education rights of the child. 519 Section 11. Subsections (21) and (66) of section 39.01, 520 Florida Statutes, are amended to read: 521 39.01 Definitions.—When used in this chapter, unless the 522 context otherwise requires: 523 (21) “Department” means the Department of Children and 524 FamiliesFamily Services. 525 (66) “Secretary” means the Secretary of Children and 526 FamiliesFamily Services. 527 Section 12. Subsections (1) and (2) of section 39.2021, 528 Florida Statutes, are amended to read: 529 39.2021 Release of confidential information.— 530 (1) Any person or organization, including the Department of 531 Children and FamiliesFamily Services, may petition the court 532 for an order making public the records of the Department of 533 Children and FamiliesFamily Serviceswhich pertain to 534 investigations of alleged abuse, abandonment, or neglect of a 535 child. The court shall determine whether good cause exists for 536 public access to the records sought or a portion thereof. In 537 making this determination, the court shall balance the best 538 interests of the child who is the focus of the investigation and 539 the interest of that child’s siblings, together with the privacy 540 rights of other persons identified in the reports, against the 541 public interest. The public interest in access to such records 542 is reflected in s. 119.01(1), and includes the need for citizens 543 to know of and adequately evaluate the actions of the Department 544 of Children and FamiliesFamily Servicesand the court system in 545 providing children of this state with the protections enumerated 546 in s. 39.001. However, this subsection does not contravene s. 547 39.202, which protects the name of any person reporting the 548 abuse, abandonment, or neglect of a child. 549 (2) In cases involving serious bodily injury to a child, 550 the Department of Children and FamiliesFamily Servicesmay 551 petition the court for an order for the immediate public release 552 of records of the department which pertain to the protective 553 investigation. The petition must be personally served upon the 554 child, the child’s parent or guardian, and any person named as 555 an alleged perpetrator in the report of abuse, abandonment, or 556 neglect. The court must determine whether good cause exists for 557 the public release of the records sought no later than 24 hours, 558 excluding Saturdays, Sundays, and legal holidays, after the date 559 the department filed the petition with the court. If the court 560 does not grant or deny the petition within the 24-hour time 561 period, the department may release to the public summary 562 information including: 563 (a) A confirmation that an investigation has been conducted 564 concerning the alleged victim. 565 (b) The dates and brief description of procedural 566 activities undertaken during the department’s investigation. 567 (c) The date of each judicial proceeding, a summary of each 568 participant’s recommendations made at the judicial proceeding, 569 and the ruling of the court. 570 571 The summary information shall not include the name of, or other 572 identifying information with respect to, any person identified 573 in any investigation. In making a determination to release 574 confidential information, the court shall balance the best 575 interests of the child who is the focus of the investigation and 576 the interests of that child’s siblings, together with the 577 privacy rights of other persons identified in the reports 578 against the public interest for access to public records. 579 However, this subsection does not contravene s. 39.202, which 580 protects the name of any person reporting abuse, abandonment, or 581 neglect of a child. 582 Section 13. Section 39.303, Florida Statutes, is amended to 583 read: 584 39.303 Child protection teams; services; eligible cases. 585 The Children’s Medical Services Program in the Department of 586 Health shall develop, maintain, and coordinate the services of 587 one or more multidisciplinary child protection teams in each of 588 the service districts of the Department of Children and Families 589Family Services. Such teams may be composed of appropriate 590 representatives of school districts and appropriate health, 591 mental health, social service, legal service, and law 592 enforcement agencies. The Legislature finds that optimal 593 coordination of child protection teams and sexual abuse 594 treatment programs requires collaboration between the Department 595 of Health and the Department of Children and FamiliesFamily596Services. The two departments shall maintain an interagency 597 agreement that establishes protocols for oversight and 598 operations of child protection teams and sexual abuse treatment 599 programs. The State Surgeon General and the Deputy Secretary for 600 Children’s Medical Services, in consultation with the Secretary 601 of Children and FamiliesFamily Services, shall maintain the 602 responsibility for the screening, employment, and, if necessary, 603 the termination of child protection team medical directors, at 604 headquarters and in the 15 districts. Child protection team 605 medical directors shall be responsible for oversight of the 606 teams in the districts. 607 (1) The Department of Health shall utilize and convene the 608 teams to supplement the assessment and protective supervision 609 activities of the family safety and preservation program of the 610 Department of Children and FamiliesFamily Services. Nothing in 611 this section shall be construed to remove or reduce the duty and 612 responsibility of any person to report pursuant to this chapter 613 all suspected or actual cases of child abuse, abandonment, or 614 neglect or sexual abuse of a child. The role of the teams shall 615 be to support activities of the program and to provide services 616 deemed by the teams to be necessary and appropriate to abused, 617 abandoned, and neglected children upon referral. The specialized 618 diagnostic assessment, evaluation, coordination, consultation, 619 and other supportive services that a child protection team shall 620 be capable of providing include, but are not limited to, the 621 following: 622 (a) Medical diagnosis and evaluation services, including 623 provision or interpretation of X rays and laboratory tests, and 624 related services, as needed, and documentation of findings 625 relative thereto. 626 (b) Telephone consultation services in emergencies and in 627 other situations. 628 (c) Medical evaluation related to abuse, abandonment, or 629 neglect, as defined by policy or rule of the Department of 630 Health. 631 (d) Such psychological and psychiatric diagnosis and 632 evaluation services for the child or the child’s parent or 633 parents, legal custodian or custodians, or other caregivers, or 634 any other individual involved in a child abuse, abandonment, or 635 neglect case, as the team may determine to be needed. 636 (e) Expert medical, psychological, and related professional 637 testimony in court cases. 638 (f) Case staffings to develop treatment plans for children 639 whose cases have been referred to the team. A child protection 640 team may provide consultation with respect to a child who is 641 alleged or is shown to be abused, abandoned, or neglected, which 642 consultation shall be provided at the request of a 643 representative of the family safety and preservation program or 644 at the request of any other professional involved with a child 645 or the child’s parent or parents, legal custodian or custodians, 646 or other caregivers. In every such child protection team case 647 staffing, consultation, or staff activity involving a child, a 648 family safety and preservation program representative shall 649 attend and participate. 650 (g) Case service coordination and assistance, including the 651 location of services available from other public and private 652 agencies in the community. 653 (h) Such training services for program and other employees 654 of the Department of Children and FamiliesFamily Services, 655 employees of the Department of Health, and other medical 656 professionals as is deemed appropriate to enable them to develop 657 and maintain their professional skills and abilities in handling 658 child abuse, abandonment, and neglect cases. 659 (i) Educational and community awareness campaigns on child 660 abuse, abandonment, and neglect in an effort to enable citizens 661 more successfully to prevent, identify, and treat child abuse, 662 abandonment, and neglect in the community. 663 (j) Child protection team assessments that include, as 664 appropriate, medical evaluations, medical consultations, family 665 psychosocial interviews, specialized clinical interviews, or 666 forensic interviews. 667 668 All medical personnel participating on a child protection team 669 must successfully complete the required child protection team 670 training curriculum as set forth in protocols determined by the 671 Deputy Secretary for Children’s Medical Services and the 672 Statewide Medical Director for Child Protection. 673 (2) The child abuse, abandonment, and neglect reports that 674 must be referred by the department to child protection teams of 675 the Department of Health for an assessment and other appropriate 676 available support services as set forth in subsection (1) must 677 include cases involving: 678 (a) Injuries to the head, bruises to the neck or head, 679 burns, or fractures in a child of any age. 680 (b) Bruises anywhere on a child 5 years of age or under. 681 (c) Any report alleging sexual abuse of a child. 682 (d) Any sexually transmitted disease in a prepubescent 683 child. 684 (e) Reported malnutrition of a child and failure of a child 685 to thrive. 686 (f) Reported medical neglect of a child. 687 (g) Any family in which one or more children have been 688 pronounced dead on arrival at a hospital or other health care 689 facility, or have been injured and later died, as a result of 690 suspected abuse, abandonment, or neglect, when any sibling or 691 other child remains in the home. 692 (h) Symptoms of serious emotional problems in a child when 693 emotional or other abuse, abandonment, or neglect is suspected. 694 (3) All abuse and neglect cases transmitted for 695 investigation to a district by the hotline must be 696 simultaneously transmitted to the Department of Health child 697 protection team for review. For the purpose of determining 698 whether face-to-face medical evaluation by a child protection 699 team is necessary, all cases transmitted to the child protection 700 team which meet the criteria in subsection (2) must be timely 701 reviewed by: 702 (a) A physician licensed under chapter 458 or chapter 459 703 who holds board certification in pediatrics and is a member of a 704 child protection team; 705 (b) A physician licensed under chapter 458 or chapter 459 706 who holds board certification in a specialty other than 707 pediatrics, who may complete the review only when working under 708 the direction of a physician licensed under chapter 458 or 709 chapter 459 who holds board certification in pediatrics and is a 710 member of a child protection team; 711 (c) An advanced registered nurse practitioner licensed 712 under chapter 464 who has a speciality in pediatrics or family 713 medicine and is a member of a child protection team; 714 (d) A physician assistant licensed under chapter 458 or 715 chapter 459, who may complete the review only when working under 716 the supervision of a physician licensed under chapter 458 or 717 chapter 459 who holds board certification in pediatrics and is a 718 member of a child protection team; or 719 (e) A registered nurse licensed under chapter 464, who may 720 complete the review only when working under the direct 721 supervision of a physician licensed under chapter 458 or chapter 722 459 who holds certification in pediatrics and is a member of a 723 child protection team. 724 (4) A face-to-face medical evaluation by a child protection 725 team is not necessary when: 726 (a) The child was examined for the alleged abuse or neglect 727 by a physician who is not a member of the child protection team, 728 and a consultation between the child protection team board 729 certified pediatrician, advanced registered nurse practitioner, 730 physician assistant working under the supervision of a child 731 protection team board-certified pediatrician, or registered 732 nurse working under the direct supervision of a child protection 733 team board-certified pediatrician, and the examining physician 734 concludes that a further medical evaluation is unnecessary; 735 (b) The child protective investigator, with supervisory 736 approval, has determined, after conducting a child safety 737 assessment, that there are no indications of injuries as 738 described in paragraphs (2)(a)-(h) as reported; or 739 (c) The child protection team board-certified pediatrician, 740 as authorized in subsection (3), determines that a medical 741 evaluation is not required. 742 743 Notwithstanding paragraphs (a), (b), and (c), a child protection 744 team pediatrician, as authorized in subsection (3), may 745 determine that a face-to-face medical evaluation is necessary. 746 (5) In all instances in which a child protection team is 747 providing certain services to abused, abandoned, or neglected 748 children, other offices and units of the Department of Health, 749 and offices and units of the Department of Children and Families 750Family Services, shall avoid duplicating the provision of those 751 services. 752 (6) The Department of Health child protection team quality 753 assurance program and the Department of Children and Families’ 754Family Services’Family Safety Program Office quality assurance 755 program shall collaborate to ensure referrals and responses to 756 child abuse, abandonment, and neglect reports are appropriate. 757 Each quality assurance program shall include a review of records 758 in which there are no findings of abuse, abandonment, or 759 neglect, and the findings of these reviews shall be included in 760 each department’s quality assurance reports. 761 Section 14. Section 39.3031, Florida Statutes, is amended 762 to read: 763 39.3031 Rules for implementation of s. 39.303.—The 764 Department of Health, in consultation with the Department of 765 Children and FamiliesFamily Services, shall adopt rules 766 governing the child protection teams pursuant to s. 39.303, 767 including definitions, organization, roles and responsibilities, 768 eligibility, services and their availability, qualifications of 769 staff, and a waiver-request process. 770 Section 15. Section 39.3032, Florida Statutes, is amended 771 to read: 772 39.3032 Memorandum of agreement.—A memorandum of agreement 773 shall be developed between the Department of Children and 774 FamiliesFamily Servicesand the Department of Health that 775 specifies how the teams will work with child protective 776 investigation and service staff, that requires joint oversight 777 by the two departments of the activities of the teams, and that 778 specifies how that oversight will be implemented. 779 Section 16. Paragraph (a) of subsection (3) of section 780 39.3035, Florida Statutes, is amended to read: 781 39.3035 Child advocacy centers; standards; state funding.— 782 (3) A child advocacy center within this state may not 783 receive the funds generated pursuant to s. 938.10, state or 784 federal funds administered by a state agency, or any other funds 785 appropriated by the Legislature unless all of the standards of 786 subsection (1) are met and the screening requirement of 787 subsection (2) is met. The Florida Network of Children’s 788 Advocacy Centers, Inc., shall be responsible for tracking and 789 documenting compliance with subsections (1) and (2) for any of 790 the funds it administers to member child advocacy centers. 791 (a) Funds for the specific purpose of funding children’s 792 advocacy centers shall be appropriated to the Department of 793 Children and FamiliesFamily Servicesfrom funds collected from 794 the additional court cost imposed in cases of certain crimes 795 against minors under s. 938.10. Funds shall be disbursed to the 796 Florida Network of Children’s Advocacy Centers, Inc., as 797 established under this section, for the purpose of providing 798 community-based services that augment, but do not duplicate, 799 services provided by state agencies. 800 Section 17. Section 39.3065, Florida Statutes, is amended 801 to read: 802 39.3065 Sheriffs of certain counties to provide child 803 protective investigative services; procedures; funding.— 804 (1) As described in this section, the Department of 805 Children and FamiliesFamily Servicesshall, by the end of 806 fiscal year 1999-2000, transfer all responsibility for child 807 protective investigations for Pinellas County, Manatee County, 808 Broward County, and Pasco County to the sheriff of that county 809 in which the child abuse, neglect, or abandonment is alleged to 810 have occurred. Each sheriff is responsible for the provision of 811 all child protective investigations in his or her county. Each 812 individual who provides these services must complete the 813 training provided to and required of protective investigators 814 employed by the Department of Children and FamiliesFamily815Services. 816 (2) During fiscal year 1998-1999, the Department of 817 Children and FamiliesFamily Servicesand each sheriff’s office 818 shall enter into a contract for the provision of these services. 819 Funding for the services will be appropriated to the Department 820 of Children and FamiliesFamily Services, and the department 821 shall transfer to the respective sheriffs for the duration of 822 fiscal year 1998-1999, funding for the investigative 823 responsibilities assumed by the sheriffs, including federal 824 funds that the provider is eligible for and agrees to earn and 825 that portion of general revenue funds which is currently 826 associated with the services that are being furnished under 827 contract, and including, but not limited to, funding for all 828 investigative, supervisory, and clerical positions; training; 829 all associated equipment; furnishings; and other fixed capital 830 items. The contract must specify whether the department will 831 continue to perform part or none of the child protective 832 investigations during the initial year. The sheriffs may either 833 conduct the investigations themselves or may, in turn, 834 subcontract with law enforcement officials or with properly 835 trained employees of private agencies to conduct investigations 836 related to neglect cases only. If such a subcontract is awarded, 837 the sheriff must take full responsibility for any safety 838 decision made by the subcontractor and must immediately respond 839 with law enforcement staff to any situation that requires 840 removal of a child due to a condition that poses an immediate 841 threat to the child’s life. The contract must specify whether 842 the services are to be performed by departmental employees or by 843 persons determined by the sheriff. During this initial year, the 844 department is responsible for quality assurance, and the 845 department retains the responsibility for the performance of all 846 child protective investigations. The department must identify 847 any barriers to transferring the entire responsibility for child 848 protective services to the sheriffs’ offices and must pursue 849 avenues for removing any such barriers by means including, but 850 not limited to, applying for federal waivers. By January 15, 851 1999, the department shall submit to the President of the 852 Senate, the Speaker of the House of Representatives, and the 853 chairs of the Senate and House committees that oversee 854 departmental activities a report that describes any remaining 855 barriers, including any that pertain to funding and related 856 administrative issues. Unless the Legislature, on the basis of 857 that report or other pertinent information, acts to block a 858 transfer of the entire responsibility for child protective 859 investigations to the sheriffs’ offices, the sheriffs of Pasco 860 County, Manatee County, Broward County, and Pinellas County, 861 beginning in fiscal year 1999-2000, shall assume the entire 862 responsibility for such services, as provided in subsection (3). 863 (3)(a) Beginning in fiscal year 1999-2000, the sheriffs of 864 Pasco County, Manatee County, Broward County, and Pinellas 865 County have the responsibility to provide all child protective 866 investigations in their respective counties. Beginning in fiscal 867 year 2000-2001, the Department of Children and FamiliesFamily868Servicesis authorized to enter into grant agreements with 869 sheriffs of other counties to perform child protective 870 investigations in their respective counties. 871 (b) The sheriffs shall operate, at a minimum, in accordance 872 with the performance standards and outcome measures established 873 by the Legislature for protective investigations conducted by 874 the Department of Children and FamiliesFamily Services. Each 875 individual who provides these services must complete, at a 876 minimum, the training provided to and required of protective 877 investigators employed by the Department of Children and 878 FamiliesFamily Services. 879 (c) Funds for providing child protective investigations 880 must be identified in the annual appropriation made to the 881 Department of Children and FamiliesFamily Services, which shall 882 award grants for the full amount identified to the respective 883 sheriffs’ offices. Notwithstanding the provisions of ss. 884 216.181(16)(b) and 216.351, the Department of Children and 885 FamiliesFamily Servicesmay advance payments to the sheriffs 886 for child protective investigations. Funds for the child 887 protective investigations may not be integrated into the 888 sheriffs’ regular budgets. Budgetary data and other data 889 relating to the performance of child protective investigations 890 must be maintained separately from all other records of the 891 sheriffs’ offices and reported to the Department of Children and 892 FamiliesFamily Servicesas specified in the grant agreement. 893 (d) Program performance evaluation shall be based on 894 criteria mutually agreed upon by the respective sheriffs and the 895 Department of Children and FamiliesFamily Services. The program 896 performance evaluation shall be conducted by a team of peer 897 reviewers from the respective sheriffs’ offices that perform 898 child protective investigations and representatives from the 899 department. The Department of Children and FamiliesFamily900Servicesshall submit an annual report regarding quality 901 performance, outcome-measure attainment, and cost efficiency to 902 the President of the Senate, the Speaker of the House of 903 Representatives, and to the Governor no later than January 31 of 904 each year the sheriffs are receiving general appropriations to 905 provide child protective investigations. 906 Section 18. Section 39.308, Florida Statutes, is amended to 907 read: 908 39.308 Guidelines for onsite child protective 909 investigation.—The Department of Children and FamiliesFamily910Services, in collaboration with the sheriffs’ offices, shall 911 develop guidelines for conducting an onsite child protective 912 investigation that specifically does not require the additional 913 activities required by the department and for conducting an 914 enhanced child protective investigation, including determining 915 whether compelling evidence exists that no maltreatment 916 occurred, conducting collateral contacts, contacting the 917 reporter, updating the risk assessment, and providing for 918 differential levels of documentation between an onsite and an 919 enhanced onsite child protective investigation. 920 Section 19. Section 39.395, Florida Statutes, is amended to 921 read: 922 39.395 Detaining a child; medical or hospital personnel. 923 Any person in charge of a hospital or similar institution, or 924 any physician or licensed health care professional treating a 925 child may detain that child without the consent of the parents, 926 caregiver, or legal custodian, whether or not additional medical 927 treatment is required, if the circumstances are such, or if the 928 condition of the child is such that returning the child to the 929 care or custody of the parents, caregiver, or legal custodian 930 presents an imminent danger to the child’s life or physical or 931 mental health. Any such person detaining a child shall 932 immediately notify the department, whereupon the department 933 shall immediately begin a child protective investigation in 934 accordance with the provisions of this chapter and shall make 935 every reasonable effort to immediately notify the parents or 936 legal custodian that such child has been detained. If the 937 department determines, according to the criteria set forth in 938 this chapter, that the child should be detained longer than 24 939 hours, it shall petition the court through the attorney 940 representing the Department of Children and FamiliesFamily941Servicesas quickly as possible and not to exceed 24 hours, for 942 an order authorizing such custody in the same manner as if the 943 child were placed in a shelter. The department shall attempt to 944 avoid the placement of a child in an institution whenever 945 possible. 946 Section 20. Paragraph (a) of subsection (2) of section 947 39.5085, Florida Statutes, is amended to read: 948 39.5085 Relative Caregiver Program.— 949 (2)(a) The Department of Children and FamiliesFamily950Servicesshall establish and operate the Relative Caregiver 951 Program pursuant to eligibility guidelines established in this 952 section as further implemented by rule of the department. The 953 Relative Caregiver Program shall, within the limits of available 954 funding, provide financial assistance to: 955 1. Relatives who are within the fifth degree by blood or 956 marriage to the parent or stepparent of a child and who are 957 caring full-time for that dependent child in the role of 958 substitute parent as a result of a court’s determination of 959 child abuse, neglect, or abandonment and subsequent placement 960 with the relative under this chapter. 961 2. Relatives who are within the fifth degree by blood or 962 marriage to the parent or stepparent of a child and who are 963 caring full-time for that dependent child, and a dependent half 964 brother or half-sister of that dependent child, in the role of 965 substitute parent as a result of a court’s determination of 966 child abuse, neglect, or abandonment and subsequent placement 967 with the relative under this chapter. 968 969 The placement may be court-ordered temporary legal custody to 970 the relative under protective supervision of the department 971 pursuant to s. 39.521(1)(b)3., or court-ordered placement in the 972 home of a relative as a permanency option under s. 39.6221 or s. 973 39.6231 or under former s. 39.622 if the placement was made 974 before July 1, 2006. The Relative Caregiver Program shall offer 975 financial assistance to caregivers who are relatives and who 976 would be unable to serve in that capacity without the relative 977 caregiver payment because of financial burden, thus exposing the 978 child to the trauma of placement in a shelter or in foster care. 979 Section 21. Subsections (3) and (4) of section 39.604, 980 Florida Statutes, are amended to read: 981 39.604 Rilya Wilson Act; short title; legislative intent; 982 requirements; attendance and reporting responsibilities.— 983 (3) REQUIREMENTS.—A child who is age 3 years to school 984 entry, under court ordered protective supervision or in the 985 custody of the Family Safety Program Office of the Department of 986 Children and FamiliesFamily Servicesor a community-based lead 987 agency, and enrolled in a licensed early education or child care 988 program must be enrolled to participate in the program 5 days a 989 week. Notwithstanding the requirements of s. 39.202, the 990 Department of Children and FamiliesFamily Servicesmust notify 991 operators of the licensed early education or child care program, 992 subject to the reporting requirements of this act, of the 993 enrollment of any child age 3 years to school entry, under court 994 ordered protective supervision or in the custody of the Family 995 Safety Program Office of the Department of Children and Families 996Family Servicesor a community-based lead agency. The case plan 997 developed for a child pursuant to this chapter who is enrolled 998 in a licensed early education or child care program must contain 999 the participation in this program as a required action. An 1000 exemption to participating in the licensed early education or 1001 child care program 5 days a week may be granted by the court. 1002 (4) ATTENDANCE AND REPORTING REQUIREMENTS.— 1003 (a) A child enrolled in a licensed early education or child 1004 care program who meets the requirements of subsection (3) may 1005 not be withdrawn from the program without the prior written 1006 approval of the Family Safety Program Office of the Department 1007 of Children and FamiliesFamily Servicesor the community-based 1008 lead agency. 1009 (b)1. If a child covered by this section is absent from the 1010 program on a day when he or she is supposed to be present, the 1011 person with whom the child resides must report the absence to 1012 the program by the end of the business day. If the person with 1013 whom the child resides, whether the parent or caregiver, fails 1014 to timely report the absence, the absence is considered to be 1015 unexcused. The program shall report any unexcused absence or 1016 seven consecutive excused absences of a child who is enrolled in 1017 the program and covered by this act to the local designated 1018 staff of the Family Safety Program Office of the Department of 1019 Children and FamiliesFamily Servicesor the community-based 1020 lead agency by the end of the business day following the 1021 unexcused absence or seventh consecutive excused absence. 1022 2. The department or community-based lead agency shall 1023 conduct a site visit to the residence of the child upon 1024 receiving a report of two consecutive unexcused absences or 1025 seven consecutive excused absences. 1026 3. If the site visit results in a determination that the 1027 child is missing, the department or community-based lead agency 1028 shall report the child as missing to a law enforcement agency 1029 and proceed with the necessary actions to locate the child 1030 pursuant to procedures for locating missing children. 1031 4. If the site visit results in a determination that the 1032 child is not missing, the parent or caregiver shall be notified 1033 that failure to ensure that the child attends the licensed early 1034 education or child care program is a violation of the case plan. 1035 If more than two site visits are conducted pursuant to this 1036 subsection, staff shall initiate action to notify the court of 1037 the parent or caregiver’s noncompliance with the case plan. 1038 Section 22. Section 39.9055, Florida Statutes, is amended 1039 to read: 1040 39.9055 Certified domestic violence centers; capital 1041 improvement grant program.—There is established a certified 1042 domestic violence center capital improvement grant program. 1043 (1) A certified domestic violence center as defined in s. 1044 39.905 may apply to the Department of Children and Families 1045Family Servicesfor a capital improvement grant. The grant 1046 application must provide information that includes: 1047 (a) A statement specifying the capital improvement that the 1048 certified domestic violence center proposes to make with the 1049 grant funds. 1050 (b) The proposed strategy for making the capital 1051 improvement. 1052 (c) The organizational structure that will carry out the 1053 capital improvement. 1054 (d) Evidence that the certified domestic violence center 1055 has difficulty in obtaining funding or that funds available for 1056 the proposed improvement are inadequate. 1057 (e) Evidence that the funds will assist in meeting the 1058 needs of victims of domestic violence and their children in the 1059 certified domestic violence center service area. 1060 (f) Evidence of a satisfactory recordkeeping system to 1061 account for fund expenditures. 1062 (g) Evidence of ability to generate local match. 1063 (2) Certified domestic violence centers as defined in s. 1064 39.905 may receive funding subject to legislative appropriation, 1065 upon application to the Department of Children and Families 1066Family Services, for projects to construct, acquire, repair, 1067 improve, or upgrade systems, facilities, or equipment, subject 1068 to availability of funds. An award of funds under this section 1069 must be made in accordance with a needs assessment developed by 1070 the Florida Coalition Against Domestic Violence and the 1071 Department of Children and FamiliesFamily Services. The 1072 department annually shall perform this needs assessment and 1073 shall rank in order of need those centers that are requesting 1074 funds for capital improvement. 1075 (3) The Department of Children and FamiliesFamily Services1076 shall, in collaboration with the Florida Coalition Against 1077 Domestic Violence, establish criteria for awarding the capital 1078 improvement funds that must be used exclusively for support and 1079 assistance with the capital improvement needs of the certified 1080 domestic violence centers, as defined in s. 39.905. 1081 (4) The Department of Children and FamiliesFamily Services1082 shall ensure that the funds awarded under this section are used 1083 solely for the purposes specified in this section. The 1084 department will also ensure that the grant process maintains the 1085 confidentiality of the location of the certified domestic 1086 violence centers, pursuant to s. 39.908. The total amount of 1087 grant moneys awarded under this section may not exceed the 1088 amount appropriated for this program. 1089 Section 23. Subsection (2) of section 61.20, Florida 1090 Statutes, is amended to read: 1091 61.20 Social investigation and recommendations regarding a 1092 parenting plan.— 1093 (2) A social investigation and study, when ordered by the 1094 court, shall be conducted by qualified staff of the court; a 1095 child-placing agency licensed pursuant to s. 409.175; a 1096 psychologist licensed pursuant to chapter 490; or a clinical 1097 social worker, marriage and family therapist, or mental health 1098 counselor licensed pursuant to chapter 491. If a certification 1099 of indigence based on an affidavit filed with the court pursuant 1100 to s. 57.081 is provided by an adult party to the proceeding and 1101 the court does not have qualified staff to perform the 1102 investigation and study, the court may request that the 1103 Department of Children and FamiliesFamily Servicesconduct the 1104 investigation and study. 1105 Section 24. Subsections (2) and (3) of section 61.21, 1106 Florida Statutes, are amended to read: 1107 61.21 Parenting course authorized; fees; required 1108 attendance authorized; contempt.— 1109 (2) The Department of Children and FamiliesFamily Services1110 shall approve a parenting course which shall be a course of a 1111 minimum of 4 hours designed to educate, train, and assist 1112 divorcing parents in regard to the consequences of divorce on 1113 parents and children. 1114 (a) The parenting course referred to in this section shall 1115 be named the Parent Education and Family Stabilization Course 1116 and may include, but need not be limited to, the following 1117 topics as they relate to court actions between parents involving 1118 custody, care, time-sharing, and support of a child or children: 1119 1. Legal aspects of deciding child-related issues between 1120 parents. 1121 2. Emotional aspects of separation and divorce on adults. 1122 3. Emotional aspects of separation and divorce on children. 1123 4. Family relationships and family dynamics. 1124 5. Financial responsibilities to a child or children. 1125 6. Issues regarding spousal or child abuse and neglect. 1126 7. Skill-based relationship education that may be 1127 generalized to parenting, workplace, school, neighborhood, and 1128 civic relationships. 1129 (b) Information regarding spousal and child abuse and 1130 neglect shall be included in every parent education and family 1131 stabilization course. A list of local agencies that provide 1132 assistance with such issues shall also be provided. 1133 (c) The parent education and family stabilization course 1134 shall be educational in nature and shall not be designed to 1135 provide individual mental health therapy for parents or 1136 children, or individual legal advice to parents or children. 1137 (d) Course providers shall not solicit participants from 1138 the sessions they conduct to become private clients or patients. 1139 (e) Course providers shall not give individual legal advice 1140 or mental health therapy. 1141 (3) Each course provider offering a parenting course 1142 pursuant to this section must be approved by the Department of 1143 Children and FamiliesFamily Services. 1144 (a) The Department of Children and FamiliesFamily Services1145 shall provide each judicial circuit with a list of approved 1146 course providers and sites at which the parent education and 1147 family stabilization course may be completed. Each judicial 1148 circuit must make information regarding all course providers 1149 approved for their circuit available to all parents. 1150 (b) The Department of Children and FamiliesFamily Services1151 shall include on the list of approved course providers and sites 1152 for each circuit at least one site in that circuit where the 1153 parent education and family stabilization course may be 1154 completed on a sliding fee scale, if available. 1155 (c) The Department of Children and FamiliesFamily Services1156 shall include on the list of approved course providers, without 1157 limitation as to the area of the state for which the course is 1158 approved, a minimum of one statewide approved course to be 1159 provided through the Internet and one statewide approved course 1160 to be provided through correspondence. The purpose of the 1161 Internet and correspondence courses is to ensure that the parent 1162 education and stabilization course is available in the home 1163 county of each state resident and to those out-of-state persons 1164 subject to this section. 1165 (d) The Department of Children and FamiliesFamily Services1166 may remove a provider who violates this section, or its 1167 implementing rules, from the list of approved court providers. 1168 (e) The Department of Children and FamiliesFamily Services1169 shall adopt rules to administer subsection (2) and this 1170 subsection. 1171 Section 25. Subsection (5) of section 63.022, Florida 1172 Statutes, is amended to read: 1173 63.022 Legislative intent.— 1174 (5) It is the intent of the Legislature to provide for 1175 cooperation between private adoption entities and the Department 1176 of Children and FamiliesFamily Servicesin matters relating to 1177 permanent placement options for children in the care of the 1178 department whose birth parents wish to participate in a private 1179 adoption plan with a qualified family. 1180 Section 26. Subsection (9) of section 63.032, Florida 1181 Statutes, is amended to read: 1182 63.032 Definitions.—As used in this chapter, the term: 1183 (9) “Department” means the Department of Children and 1184 FamiliesFamily Services. 1185 Section 27. Paragraph (b) of subsection (5) of section 1186 63.039, Florida Statutes, is amended to read: 1187 63.039 Duty of adoption entity to prospective adoptive 1188 parents; sanctions.— 1189 (5) Within 30 days after the entry of an order of the court 1190 finding sanctionable conduct on the part of an adoption entity, 1191 the clerk of the court must forward to: 1192 (b) The Department of Children and FamiliesFamily Services1193 any order that imposes sanctions under this section against a 1194 licensed child-placing agency or a child-placing agency licensed 1195 in another state that is qualified by the department. 1196 Section 28. Subsections (3), (10), and (11) of section 1197 63.054, Florida Statutes, are amended to read: 1198 63.054 Actions required by an unmarried biological father 1199 to establish parental rights; Florida Putative Father Registry.— 1200 (3) The Office of Vital Statistics of the Department of 1201 Health shall adopt by rule the appropriate claim of paternity 1202 form in English, Spanish, and Creole in order to facilitate the 1203 registration of an unmarried biological father with the Florida 1204 Putative Father Registry and shall, within existing resources, 1205 make these forms available through local offices of the 1206 Department of Health and the Department of Children and Families 1207Family Services, the Internet websites of those agencies, and 1208 the offices of the clerks of the circuit court. The claim of 1209 paternity form shall be signed by the unmarried biological 1210 father and must include his name, address, date of birth, and 1211 physical description. In addition, the registrant shall provide, 1212 if known, the name, address, date of birth, and physical 1213 description of the mother; the date, place, and location of 1214 conception of the child; and the name, date, and place of birth 1215 of the child or estimated date of birth of the expected minor 1216 child, if known. The claim of paternity form shall be signed 1217 under oath by the registrant. 1218 (10) The Department of Health shall, within existing 1219 resources, prepare and adopt by rule application forms for 1220 initiating a search of the Florida Putative Father Registry and 1221 shall make those forms available through the local offices of 1222 the Department of Health and the Department of Children and 1223 FamiliesFamily Servicesand the offices of the clerks of the 1224 circuit court. 1225 (11) The Department of Health shall produce and distribute, 1226 within existing resources, a pamphlet or publication informing 1227 the public about the Florida Putative Father Registry and which 1228 is printed in English, Spanish, and Creole. The pamphlet shall 1229 indicate the procedures for voluntary acknowledgment of 1230 paternity, the consequences of acknowledgment of paternity, the 1231 consequences of failure to acknowledge paternity, and the 1232 address of the Florida Putative Father Registry. Such pamphlets 1233 or publications shall be made available for distribution at all 1234 offices of the Department of Health and the Department of 1235 Children and FamiliesFamily Servicesand shall be included in 1236 health class curricula taught in public and charter schools in 1237 this state. The Department of Health shall also provide such 1238 pamphlets or publications to hospitals, adoption entities, 1239 libraries, medical clinics, schools, universities, and providers 1240 of child-related services, upon request. In cooperation with the 1241 Department of Highway Safety and Motor Vehicles, each person 1242 applying for a Florida driver’s license, or renewal thereof, and 1243 each person applying for a Florida identification card shall be 1244 offered the pamphlet or publication informing the public about 1245 the Florida Putative Father Registry. 1246 Section 29. Subsection (1) of section 63.202, Florida 1247 Statutes, is amended to read: 1248 63.202 Authority to license; adoption of rules.— 1249 (1) The Department of Children and FamiliesFamily Services1250 is authorized and empowered to license child placement agencies 1251 that it determines to be qualified to place minors for adoption. 1252 Section 30. Paragraph (a) of subsection (1) of section 1253 90.503, Florida Statutes, is amended to read: 1254 90.503 Psychotherapist-patient privilege.— 1255 (1) For purposes of this section: 1256 (a) A “psychotherapist” is: 1257 1. A person authorized to practice medicine in any state or 1258 nation, or reasonably believed by the patient so to be, who is 1259 engaged in the diagnosis or treatment of a mental or emotional 1260 condition, including alcoholism and other drug addiction; 1261 2. A person licensed or certified as a psychologist under 1262 the laws of any state or nation, who is engaged primarily in the 1263 diagnosis or treatment of a mental or emotional condition, 1264 including alcoholism and other drug addiction; 1265 3. A person licensed or certified as a clinical social 1266 worker, marriage and family therapist, or mental health 1267 counselor under the laws of this state, who is engaged primarily 1268 in the diagnosis or treatment of a mental or emotional 1269 condition, including alcoholism and other drug addiction; 1270 4. Treatment personnel of facilities licensed by the state 1271 pursuant to chapter 394, chapter 395, or chapter 397, of 1272 facilities designated by the Department of Children and Families 1273Family Servicespursuant to chapter 394 as treatment facilities, 1274 or of facilities defined as community mental health centers 1275 pursuant to s. 394.907(1), who are engaged primarily in the 1276 diagnosis or treatment of a mental or emotional condition, 1277 including alcoholism and other drug addiction; or 1278 5. An advanced registered nurse practitioner certified 1279 under s. 464.012, whose primary scope of practice is the 1280 diagnosis or treatment of mental or emotional conditions, 1281 including chemical abuse, and limited only to actions performed 1282 in accordance with part I of chapter 464. 1283 Section 31. Paragraphs (j), (m), and (q) of subsection (2) 1284 of section 110.205, Florida Statutes, are amended to read: 1285 110.205 Career service; exemptions.— 1286 (2) EXEMPT POSITIONS.—The exempt positions that are not 1287 covered by this part include the following: 1288 (j) The appointed secretaries and the State Surgeon 1289 General, assistant secretaries, deputy secretaries, and deputy 1290 assistant secretaries of all departments; the executive 1291 directors, assistant executive directors, deputy executive 1292 directors, and deputy assistant executive directors of all 1293 departments; the directors of all divisions and those positions 1294 determined by the department to have managerial responsibilities 1295 comparable to such positions, which positions include, but are 1296 not limited to, program directors, assistant program directors, 1297 district administrators, deputy district administrators, the 1298 Director of Central Operations Services of the Department of 1299 Children and FamiliesFamily Services, the State Transportation 1300 Development Administrator, State Public Transportation and Modal 1301 Administrator, district secretaries, district directors of 1302 transportation development, transportation operations, 1303 transportation support, and the managers of the offices 1304 specified in s. 20.23(4)(b), of the Department of 1305 Transportation. Unless otherwise fixed by law, the department 1306 shall set the salary and benefits of these positions in 1307 accordance with the rules of the Senior Management Service; and 1308 the county health department directors and county health 1309 department administrators of the Department of Health. 1310 (m) All assistant division director, deputy division 1311 director, and bureau chief positions in any department, and 1312 those positions determined by the department to have managerial 1313 responsibilities comparable to such positions, which include, 1314 but are not limited to: 1315 1. Positions in the Department of Health and the Department 1316 of Children and FamiliesFamily Servicesthat are assigned 1317 primary duties of serving as the superintendent or assistant 1318 superintendent of an institution. 1319 2. Positions in the Department of Corrections that are 1320 assigned primary duties of serving as the warden, assistant 1321 warden, colonel, or major of an institution or that are assigned 1322 primary duties of serving as the circuit administrator or deputy 1323 circuit administrator. 1324 3. Positions in the Department of Transportation that are 1325 assigned primary duties of serving as regional toll managers and 1326 managers of offices, as defined in s. 20.23(4)(b) and (5)(c). 1327 4. Positions in the Department of Environmental Protection 1328 that are assigned the duty of an Environmental Administrator or 1329 program administrator. 1330 5. Positions in the Department of Health that are assigned 1331 the duties of Environmental Administrator, Assistant County 1332 Health Department Director, and County Health Department 1333 Financial Administrator. 1334 6. Positions in the Department of Highway Safety and Motor 1335 Vehicles that are assigned primary duties of serving as captains 1336 in the Florida Highway Patrol. 1337 1338 Unless otherwise fixed by law, the department shall set the 1339 salary and benefits of the positions listed in this paragraph in 1340 accordance with the rules established for the Selected Exempt 1341 Service. 1342 (q) The staff directors, assistant staff directors, 1343 district program managers, district program coordinators, 1344 district subdistrict administrators, district administrative 1345 services directors, district attorneys, and the Deputy Director 1346 of Central Operations Services of the Department of Children and 1347 FamiliesFamily Services. Unless otherwise fixed by law, the 1348 department shall establish the pay band and benefits for these 1349 positions in accordance with the rules of the Selected Exempt 1350 Service. 1351 Section 32. Subsections (7) and (15) of section 120.80, 1352 Florida Statutes, are amended to read: 1353 120.80 Exceptions and special requirements; agencies.— 1354 (7) DEPARTMENT OF CHILDREN AND FAMILIESFAMILY SERVICES. 1355 Notwithstanding s. 120.57(1)(a), hearings conducted within the 1356 Department of Children and FamiliesFamily Servicesin the 1357 execution of those social and economic programs administered by 1358 the former Division of Family Services of the former Department 1359 of Health and Rehabilitative Services prior to the 1360 reorganization effected by chapter 75-48, Laws of Florida, need 1361 not be conducted by an administrative law judge assigned by the 1362 division. 1363 (15) DEPARTMENT OF HEALTH.—Notwithstanding s. 120.57(1)(a), 1364 formal hearings may not be conducted by the State Surgeon 1365 General, the Secretary of Health Care Administration, or a board 1366 or member of a board within the Department of Health or the 1367 Agency for Health Care Administration for matters relating to 1368 the regulation of professions, as defined by chapter 456. 1369 Notwithstanding s. 120.57(1)(a), hearings conducted within the 1370 Department of Health in execution of the Special Supplemental 1371 Nutrition Program for Women, Infants, and Children; Child Care 1372 Food Program; Children’s Medical Services Program; the Brain and 1373 Spinal Cord Injury Program; and the exemption from 1374 disqualification reviews for certified nurse assistants program 1375 need not be conducted by an administrative law judge assigned by 1376 the division. The Department of Health may contract with the 1377 Department of Children and FamiliesFamily Servicesfor a 1378 hearing officer in these matters. 1379 Section 33. Paragraph (d) of subsection (2) of section 1380 121.0515, Florida Statutes, is amended to read: 1381 121.0515 Special Risk Class.— 1382 (2) MEMBERSHIP.— 1383 (d) Effective January 1, 2001, “special risk member” 1384 includes: 1385 1. Any member who is employed as a community-based 1386 correctional probation officer and meets the special criteria 1387 set forth in paragraph (3)(e). 1388 2. Any professional health care bargaining unit or non-unit 1389 member who is employed by the Department of Corrections or the 1390 Department of Children and FamiliesFamily Servicesand meets 1391 the special criteria set forth in paragraph (3)(f). 1392 Section 34. Section 125.0109, Florida Statutes, is amended 1393 to read: 1394 125.0109 Family day care homes; local zoning regulation. 1395 The operation of a residence as a family day care home, as 1396 defined by law, registered or licensed with the Department of 1397 Children and FamiliesFamily Servicesshall constitute a valid 1398 residential use for purposes of any local zoning regulations, 1399 and no such regulation shall require the owner or operator of 1400 such family day care home to obtain any special exemption or use 1401 permit or waiver, or to pay any special fee in excess of $50, to 1402 operate in an area zoned for residential use. 1403 Section 35. Paragraphs (a) and (b) of subsection (1) of 1404 section 125.901, Florida Statutes, are amended to read: 1405 125.901 Children’s services; independent special district; 1406 council; powers, duties, and functions; public records 1407 exemption.— 1408 (1) Each county may by ordinance create an independent 1409 special district, as defined in ss. 189.403(3) and 1410 200.001(8)(e), to provide funding for children’s services 1411 throughout the county in accordance with this section. The 1412 boundaries of such district shall be coterminous with the 1413 boundaries of the county. The county governing body shall obtain 1414 approval, by a majority vote of those electors voting on the 1415 question, to annually levy ad valorem taxes which shall not 1416 exceed the maximum millage rate authorized by this section. Any 1417 district created pursuant to the provisions of this subsection 1418 shall be required to levy and fix millage subject to the 1419 provisions of s. 200.065. Once such millage is approved by the 1420 electorate, the district shall not be required to seek approval 1421 of the electorate in future years to levy the previously 1422 approved millage. 1423 (a) The governing board of the district shall be a council 1424 on children’s services, which may also be known as a juvenile 1425 welfare board or similar name as established in the ordinance by 1426 the county governing body. Such council shall consist of 10 1427 members, including: the superintendent of schools; a local 1428 school board member; the district administrator from the 1429 appropriate district of the Department of Children and Families 1430Family Services, or his or her designee who is a member of the 1431 Senior Management Service or of the Selected Exempt Service; one 1432 member of the county governing body; and the judge assigned to 1433 juvenile cases who shall sit as a voting member of the board, 1434 except that said judge shall not vote or participate in the 1435 setting of ad valorem taxes under this section. If there is more 1436 than one judge assigned to juvenile cases in a county, the chief 1437 judge shall designate one of said juvenile judges to serve on 1438 the board. The remaining five members shall be appointed by the 1439 Governor, and shall, to the extent possible, represent the 1440 demographic diversity of the population of the county. After 1441 soliciting recommendations from the public, the county governing 1442 body shall submit to the Governor the names of at least three 1443 persons for each vacancy occurring among the five members 1444 appointed by the Governor, and the Governor shall appoint 1445 members to the council from the candidates nominated by the 1446 county governing body. The Governor shall make a selection 1447 within a 45-day period or request a new list of candidates. All 1448 members appointed by the Governor shall have been residents of 1449 the county for the previous 24-month period. Such members shall 1450 be appointed for 4-year terms, except that the length of the 1451 terms of the initial appointees shall be adjusted to stagger the 1452 terms. The Governor may remove a member for cause or upon the 1453 written petition of the county governing body. If any of the 1454 members of the council required to be appointed by the Governor 1455 under the provisions of this subsection shall resign, die, or be 1456 removed from office, the vacancy thereby created shall, as soon 1457 as practicable, be filled by appointment by the Governor, using 1458 the same method as the original appointment, and such 1459 appointment to fill a vacancy shall be for the unexpired term of 1460 the person who resigns, dies, or is removed from office. 1461 (b) However, any county as defined in s. 125.011(1) may 1462 instead have a governing board consisting of 33 members, 1463 including: the superintendent of schools; two representatives of 1464 public postsecondary education institutions located in the 1465 county; the county manager or the equivalent county officer; the 1466 district administrator from the appropriate district of the 1467 Department of Children and FamiliesFamily Services, or the 1468 administrator’s designee who is a member of the Senior 1469 Management Service or the Selected Exempt Service; the director 1470 of the county health department or the director’s designee; the 1471 state attorney for the county or the state attorney’s designee; 1472 the chief judge assigned to juvenile cases, or another juvenile 1473 judge who is the chief judge’s designee and who shall sit as a 1474 voting member of the board, except that the judge may not vote 1475 or participate in setting ad valorem taxes under this section; 1476 an individual who is selected by the board of the local United 1477 Way or its equivalent; a member of a locally recognized faith 1478 based coalition, selected by that coalition; a member of the 1479 local chamber of commerce, selected by that chamber or, if more 1480 than one chamber exists within the county, a person selected by 1481 a coalition of the local chambers; a member of the early 1482 learning coalition, selected by that coalition; a representative 1483 of a labor organization or union active in the county; a member 1484 of a local alliance or coalition engaged in cross-system 1485 planning for health and social service delivery in the county, 1486 selected by that alliance or coalition; a member of the local 1487 Parent-Teachers Association/Parent-Teacher-Student Association, 1488 selected by that association; a youth representative selected by 1489 the local school system’s student government; a local school 1490 board member appointed by the chair of the school board; the 1491 mayor of the county or the mayor’s designee; one member of the 1492 county governing body, appointed by the chair of that body; a 1493 member of the state Legislature who represents residents of the 1494 county, selected by the chair of the local legislative 1495 delegation; an elected official representing the residents of a 1496 municipality in the county, selected by the county municipal 1497 league; and 4 members-at-large, appointed to the council by the 1498 majority of sitting council members. The remaining 7 members 1499 shall be appointed by the Governor in accordance with procedures 1500 set forth in paragraph (a), except that the Governor may remove 1501 a member for cause or upon the written petition of the council. 1502 Appointments by the Governor must, to the extent reasonably 1503 possible, represent the geographic and demographic diversity of 1504 the population of the county. Members who are appointed to the 1505 council by reason of their position are not subject to the 1506 length of terms and limits on consecutive terms as provided in 1507 this section. The remaining appointed members of the governing 1508 board shall be appointed to serve 2-year terms, except that 1509 those members appointed by the Governor shall be appointed to 1510 serve 4-year terms, and the youth representative and the 1511 legislative delegate shall be appointed to serve 1-year terms. A 1512 member may be reappointed; however, a member may not serve for 1513 more than three consecutive terms. A member is eligible to be 1514 appointed again after a 2-year hiatus from the council. 1515 Section 36. Section 125.902, Florida Statutes, is amended 1516 to read: 1517 125.902 Children’s services council or juvenile welfare 1518 board incentive grants.— 1519 (1) Subject to specific appropriations, it is the intent of 1520 the Legislature to provide incentives to encourage children’s 1521 services councils or juvenile welfare boards to provide support 1522 to local child welfare programs related to implementation of 1523 community-based care. 1524 (a) A children’s services council or juvenile welfare 1525 board, as authorized in s. 125.901, may submit a request for 1526 funding or continued funding to the Department of Children and 1527 FamiliesFamily Servicesto support programs funded by the 1528 council or board for local child welfare services related to 1529 implementation of community-based care. 1530 (b) The Department of Children and FamiliesFamily Services1531 shall establish grant application procedures. 1532 (2) The Department of Children and FamiliesFamily Services1533 shall make award determinations no later than October 1 of each 1534 year. All applicants shall be notified by the department of its 1535 final action. 1536 (3) Each council or board that is awarded a grant as 1537 provided for in this section shall submit performance and output 1538 information as determined by the Department of Children and 1539 FamiliesFamily Services. 1540 Section 37. Subsection (2) of section 154.067, Florida 1541 Statutes, is amended to read: 1542 154.067 Child abuse and neglect cases; duties.—The 1543 Department of Health shall adopt a rule requiring every county 1544 health department, as described in s. 154.01, to adopt a 1545 protocol that, at a minimum, requires the county health 1546 department to: 1547 (2) In any case involving suspected child abuse, 1548 abandonment, or neglect, designate, at the request of the 1549 department, a staff physician to act as a liaison between the 1550 county health department and the Department of Children and 1551 FamiliesFamily Servicesoffice that is investigating the 1552 suspected abuse, abandonment, or neglect, and the child 1553 protection team, as defined in s. 39.01, when the case is 1554 referred to such a team. 1555 Section 38. Subsection (3) of section 154.306, Florida 1556 Statutes, is amended to read: 1557 154.306 Financial responsibility for certified residents 1558 who are qualified indigent patients treated at an out-of-county 1559 participating hospital or regional referral hospital.—Ultimate 1560 financial responsibility for treatment received at a 1561 participating hospital or a regional referral hospital by a 1562 qualified indigent patient who is a certified resident of a 1563 county in the State of Florida, but is not a resident of the 1564 county in which the participating hospital or regional referral 1565 hospital is located, is the obligation of the county of which 1566 the qualified indigent patient is a resident. Each county shall 1567 reimburse participating hospitals or regional referral hospitals 1568 as provided for in this part, and shall provide or arrange for 1569 indigent eligibility determination procedures and resident 1570 certification determination procedures as provided for in rules 1571 developed to implement this part. The agency, or any county 1572 determining eligibility of a qualified indigent, shall provide 1573 to the county of residence, upon request, a copy of any 1574 documents, forms, or other information, as determined by rule, 1575 which may be used in making an eligibility determination. 1576 (3) For the purpose of computing the maximum amount that a 1577 county having a population of 100,000 or less may be required to 1578 pay, the agency must reduce the official state population 1579 estimates by the number of inmates and patients residing in the 1580 county in institutions operated by the Federal Government, the 1581 Department of Corrections, the Department of Health, or the 1582 Department of Children and FamiliesFamily Services, and by the 1583 number of active-duty military personnel residing in the county, 1584 all of whom shall not be considered residents of the county. 1585 However, a county is entitled to receive the benefit of such a 1586 reduction in estimated population figures only if the county 1587 accepts as valid and true, and does not require any 1588 reverification of, the documentation of financial eligibility 1589 and county residency which is provided to it by the 1590 participating hospital or regional referral hospital. The 1591 participating hospital or regional referral hospital must 1592 provide documentation that is complete and in the form required 1593 by s. 154.3105. 1594 Section 39. Section 166.0445, Florida Statutes, is amended 1595 to read: 1596 166.0445 Family day care homes; local zoning regulation. 1597 The operation of a residence as a family day care home, as 1598 defined by law, registered or licensed with the Department of 1599 Children and FamiliesFamily Servicesshall constitute a valid 1600 residential use for purposes of any local zoning regulations, 1601 and no such regulation shall require the owner or operator of 1602 such family day care home to obtain any special exemption or use 1603 permit or waiver, or to pay any special fee in excess of $50, to 1604 operate in an area zoned for residential use. 1605 Section 40. Paragraph (b) of subsection (2) of section 1606 186.901, Florida Statutes, is amended to read: 1607 186.901 Population census determination.— 1608 (2) 1609 (b) For the purpose of revenue-sharing distribution 1610 formulas and distribution proportions for the local government 1611 half-cent sales tax, inmates and patients residing in 1612 institutions operated by the Federal Government, the Department 1613 of Corrections, the Department of Health, or the Department of 1614 Children and FamiliesFamily Servicesshall not be considered to 1615 be residents of the governmental unit in which the institutions 1616 are located. 1617 Section 41. Subsection (2) of section 194.013, Florida 1618 Statutes, is amended to read: 1619 194.013 Filing fees for petitions; disposition; waiver.— 1620 (2) The value adjustment board shall waive the filing fee 1621 with respect to a petition filed by a taxpayer who demonstrates 1622 at the time of filing, by an appropriate certificate or other 1623 documentation issued by the Department of Children and Families 1624Family Servicesand submitted with the petition, that the 1625 petitioner is then an eligible recipient of temporary assistance 1626 under chapter 414. 1627 Section 42. Subsection (3) of section 196.095, Florida 1628 Statutes, is amended to read: 1629 196.095 Exemption for a licensed child care facility 1630 operating in an enterprise zone.— 1631 (3) The production by the child care facility operator of a 1632 current license by the Department of Children and Families 1633Family Servicesor local licensing authority and certification 1634 by the governing body or enterprise zone where the child care 1635 center is located is prima facie evidence that the child care 1636 facility owner is entitled to such exemptions. 1637 Section 43. Paragraph (a) of subsection (2) of section 1638 212.04, Florida Statutes, is amended to read: 1639 212.04 Admissions tax; rate, procedure, enforcement.— 1640 (2)(a)1. No tax shall be levied on admissions to athletic 1641 or other events sponsored by elementary schools, junior high 1642 schools, middle schools, high schools, community colleges, 1643 public or private colleges and universities, deaf and blind 1644 schools, facilities of the youth services programs of the 1645 Department of Children and FamiliesFamily Services, and state 1646 correctional institutions when only student, faculty, or inmate 1647 talent is used. However, this exemption shall not apply to 1648 admission to athletic events sponsored by a state university, 1649 and the proceeds of the tax collected on such admissions shall 1650 be retained and used by each institution to support women’s 1651 athletics as provided in s. 1006.71(2)(c). 1652 2.a. No tax shall be levied on dues, membership fees, and 1653 admission charges imposed by not-for-profit sponsoring 1654 organizations. To receive this exemption, the sponsoring 1655 organization must qualify as a not-for-profit entity under the 1656 provisions of s. 501(c)(3) of the Internal Revenue Code of 1954, 1657 as amended. 1658 b. No tax shall be levied on admission charges to an event 1659 sponsored by a governmental entity, sports authority, or sports 1660 commission when held in a convention hall, exhibition hall, 1661 auditorium, stadium, theater, arena, civic center, performing 1662 arts center, or publicly owned recreational facility and when 1663 100 percent of the risk of success or failure lies with the 1664 sponsor of the event and 100 percent of the funds at risk for 1665 the event belong to the sponsor, and student or faculty talent 1666 is not exclusively used. As used in this sub-subparagraph, the 1667 terms “sports authority” and “sports commission” mean a 1668 nonprofit organization that is exempt from federal income tax 1669 under s. 501(c)(3) of the Internal Revenue Code and that 1670 contracts with a county or municipal government for the purpose 1671 of promoting and attracting sports-tourism events to the 1672 community with which it contracts. 1673 3. No tax shall be levied on an admission paid by a 1674 student, or on the student’s behalf, to any required place of 1675 sport or recreation if the student’s participation in the sport 1676 or recreational activity is required as a part of a program or 1677 activity sponsored by, and under the jurisdiction of, the 1678 student’s educational institution, provided his or her 1679 attendance is as a participant and not as a spectator. 1680 4. No tax shall be levied on admissions to the National 1681 Football League championship game or Pro Bowl; on admissions to 1682 any semifinal game or championship game of a national collegiate 1683 tournament; on admissions to a Major League Baseball, National 1684 Basketball Association, or National Hockey League all-star game; 1685 on admissions to the Major League Baseball Home Run Derby held 1686 before the Major League Baseball All-Star Game; or on admissions 1687 to the National Basketball Association Rookie Challenge, 1688 Celebrity Game, 3-Point Shooting Contest, or Slam Dunk 1689 Challenge. 1690 5. A participation fee or sponsorship fee imposed by a 1691 governmental entity as described in s. 212.08(6) for an athletic 1692 or recreational program is exempt when the governmental entity 1693 by itself, or in conjunction with an organization exempt under 1694 s. 501(c)(3) of the Internal Revenue Code of 1954, as amended, 1695 sponsors, administers, plans, supervises, directs, and controls 1696 the athletic or recreational program. 1697 6. Also exempt from the tax imposed by this section to the 1698 extent provided in this subparagraph are admissions to live 1699 theater, live opera, or live ballet productions in this state 1700 which are sponsored by an organization that has received a 1701 determination from the Internal Revenue Service that the 1702 organization is exempt from federal income tax under s. 1703 501(c)(3) of the Internal Revenue Code of 1954, as amended, if 1704 the organization actively participates in planning and 1705 conducting the event, is responsible for the safety and success 1706 of the event, is organized for the purpose of sponsoring live 1707 theater, live opera, or live ballet productions in this state, 1708 has more than 10,000 subscribing members and has among the 1709 stated purposes in its charter the promotion of arts education 1710 in the communities which it serves, and will receive at least 20 1711 percent of the net profits, if any, of the events which the 1712 organization sponsors and will bear the risk of at least 20 1713 percent of the losses, if any, from the events which it sponsors 1714 if the organization employs other persons as agents to provide 1715 services in connection with a sponsored event. Prior to March 1 1716 of each year, such organization may apply to the department for 1717 a certificate of exemption for admissions to such events 1718 sponsored in this state by the organization during the 1719 immediately following state fiscal year. The application shall 1720 state the total dollar amount of admissions receipts collected 1721 by the organization or its agents from such events in this state 1722 sponsored by the organization or its agents in the year 1723 immediately preceding the year in which the organization applies 1724 for the exemption. Such organization shall receive the exemption 1725 only to the extent of $1.5 million multiplied by the ratio that 1726 such receipts bear to the total of such receipts of all 1727 organizations applying for the exemption in such year; however, 1728 in no event shall such exemption granted to any organization 1729 exceed 6 percent of such admissions receipts collected by the 1730 organization or its agents in the year immediately preceding the 1731 year in which the organization applies for the exemption. Each 1732 organization receiving the exemption shall report each month to 1733 the department the total admissions receipts collected from such 1734 events sponsored by the organization during the preceding month 1735 and shall remit to the department an amount equal to 6 percent 1736 of such receipts reduced by any amount remaining under the 1737 exemption. Tickets for such events sold by such organizations 1738 shall not reflect the tax otherwise imposed under this section. 1739 7. Also exempt from the tax imposed by this section are 1740 entry fees for participation in freshwater fishing tournaments. 1741 8. Also exempt from the tax imposed by this section are 1742 participation or entry fees charged to participants in a game, 1743 race, or other sport or recreational event if spectators are 1744 charged a taxable admission to such event. 1745 9. No tax shall be levied on admissions to any postseason 1746 collegiate football game sanctioned by the National Collegiate 1747 Athletic Association. 1748 Section 44. Paragraph (m) of subsection (5) of section 1749 212.08, Florida Statutes, is amended to read: 1750 212.08 Sales, rental, use, consumption, distribution, and 1751 storage tax; specified exemptions.—The sale at retail, the 1752 rental, the use, the consumption, the distribution, and the 1753 storage to be used or consumed in this state of the following 1754 are hereby specifically exempt from the tax imposed by this 1755 chapter. 1756 (5) EXEMPTIONS; ACCOUNT OF USE.— 1757 (m) Educational materials purchased by certain child care 1758 facilities.—Educational materials, such as glue, paper, paints, 1759 crayons, unique craft items, scissors, books, and educational 1760 toys, purchased by a child care facility that meets the 1761 standards delineated in s. 402.305, is licensed under s. 1762 402.308, holds a current Gold Seal Quality Care designation 1763 pursuant to s. 402.281, and provides basic health insurance to 1764 all employees are exempt from the taxes imposed by this chapter. 1765 For purposes of this paragraph, the term “basic health 1766 insurance” shall be defined and promulgated in rules developed 1767 jointly by the Department of Children and FamiliesFamily1768Services, the Agency for Health Care Administration, and the 1769 Financial Services Commission. 1770 Section 45. Subsection (16) of section 213.053, Florida 1771 Statutes, is amended to read: 1772 213.053 Confidentiality and information sharing.— 1773 (16)(a) Confidential taxpayer information may be shared 1774 with the child support enforcement program, which may use the 1775 information for purposes of program administration, and with the 1776 Department of Children and FamiliesFamily Servicesfor the 1777 purpose of diligent search activities pursuant to chapter 39. 1778 (b) Nothing in this subsection authorizes the disclosure of 1779 information if such disclosure is prohibited by federal law. 1780 Employees of the child support enforcement program and of the 1781 Department of Children and FamiliesFamily Servicesare bound by 1782 the same requirements of confidentiality and the same penalties 1783 for violation of the requirements as the department. 1784 Section 46. Paragraph (d) of subsection (2), paragraph (a) 1785 of subsection (5), and paragraph (c) of subsection (6) of 1786 section 215.5601, Florida Statutes, are amended to read: 1787 215.5601 Lawton Chiles Endowment Fund.— 1788 (2) DEFINITIONS.—As used in this section, the term: 1789 (d) “State agency” or “state agencies” means the Department 1790 of Health, the Department of Children and FamiliesFamily1791Services, the Department of Elderly Affairs, or the Agency for 1792 Health Care Administration, or any combination thereof, as the 1793 context indicates. 1794 (5) AVAILABILITY OF FUNDS; USES.— 1795 (a) Funds from the endowment which are available for 1796 legislative appropriation shall be transferred by the board to 1797 the Department of Financial Services Tobacco Settlement Clearing 1798 Trust Fund, created in s. 17.41, and disbursed in accordance 1799 with the legislative appropriation. 1800 1. Appropriations by the Legislature to the Department of 1801 Health from endowment earnings from the principal set aside for 1802 biomedical research shall be from a category called the James 1803 and Esther King Biomedical Research Program and shall be 1804 deposited into the Biomedical Research Trust Fund in the 1805 Department of Health established in s. 20.435. 1806 2. Appropriations by the Legislature to the Department of 1807 Children and FamiliesFamily Services, the Department of Health, 1808 or the Department of Elderly Affairs from endowment earnings for 1809 health and human services programs shall be deposited into each 1810 department’s respective Tobacco Settlement Trust Fund as 1811 appropriated. 1812 (6) ADVISORY COUNCIL.—The Lawton Chiles Endowment Fund 1813 Advisory Council is established for the purpose of reviewing the 1814 funding priorities of the state agencies, evaluating their 1815 requests against the mission and goals of the agencies and 1816 legislative intent for the use of endowment funds, and allowing 1817 for public input and advocacy. 1818 (c) Members of the advisory council shall serve without 1819 compensation, but may receive reimbursement as provided in s. 1820 112.061 for per diem and travel expenses incurred in the 1821 performance of their official duties. The Department of Children 1822 and FamiliesFamily Servicesshall provide staff and other 1823 administrative assistance reasonably necessary to assist the 1824 advisory council in carrying out its responsibilities. 1825 Administrative costs of the advisory council shall be charged 1826 equally to endowment funds deposited in the Department of 1827 Children and FamiliesFamily Servicesand the Department of 1828 Elderly Affairs Tobacco Settlement Trust Funds. 1829 Section 47. Paragraph (b) of subsection (8) of section 1830 218.65, Florida Statutes, is amended to read: 1831 218.65 Emergency distribution.— 1832 (8) 1833 (b) For the purposes of this subsection, the term: 1834 1. “Inmate population” means the latest official state 1835 estimate of the number of inmates and patients residing in 1836 institutions operated by the Federal Government, the Department 1837 of Corrections, or the Department of Children and Families 1838Family Services. 1839 2. “Total population” includes inmate population and 1840 noninmate population. 1841 Section 48. Subsection (1) of section 252.355, Florida 1842 Statutes, is amended to read: 1843 252.355 Registry of persons with special needs; notice.— 1844 (1) In order to meet the special needs of persons who would 1845 need assistance during evacuations and sheltering because of 1846 physical, mental, cognitive impairment, or sensory disabilities, 1847 each local emergency management agency in the state shall 1848 maintain a registry of persons with special needs located within 1849 the jurisdiction of the local agency. The registration shall 1850 identify those persons in need of assistance and plan for 1851 resource allocation to meet those identified needs. To assist 1852 the local emergency management agency in identifying such 1853 persons, home health agencies, hospices, nurse registries, home 1854 medical equipment providers, the Department of Children and 1855 FamiliesFamily Services, Department of Health, Agency for 1856 Health Care Administration, Department of Education, Agency for 1857 Persons with Disabilities, and Department of Elderly Affairs 1858 shall provide registration information to all of their special 1859 needs clients and to all persons with special needs who receive 1860 services. The registry shall be updated annually. The 1861 registration program shall give persons with special needs the 1862 option of preauthorizing emergency response personnel to enter 1863 their homes during search and rescue operations if necessary to 1864 assure their safety and welfare following disasters. 1865 Section 49. Subsection (9) of section 253.034, Florida 1866 Statutes, is amended to read: 1867 253.034 State-owned lands; uses.— 1868 (9) Land management plans required to be submitted by the 1869 Department of Corrections, the Department of Juvenile Justice, 1870 the Department of Children and FamiliesFamily Services, or the 1871 Department of Education are not subject to the provisions for 1872 review by the council or its successor described in subsection 1873 (5). Management plans filed by these agencies shall be made 1874 available to the public for a period of 90 days at the 1875 administrative offices of the parcel or project affected by the 1876 management plan and at the Tallahassee offices of each agency. 1877 Any plans not objected to during the public comment period shall 1878 be deemed approved. Any plans for which an objection is filed 1879 shall be submitted to the Board of Trustees of the Internal 1880 Improvement Trust Fund for consideration. The Board of Trustees 1881 of the Internal Improvement Trust Fund shall approve the plan 1882 with or without modification, or reject the plan. The use or 1883 possession of any such lands which is not in accordance with an 1884 approved land management plan is subject to termination by the 1885 board. 1886 Section 50. Paragraph (i) of subsection (4) of section 1887 282.201, Florida Statutes, is amended to read: 1888 282.201 State data center system; agency duties and 1889 limitations.—A state data center system that includes all 1890 primary data centers, other nonprimary data centers, and 1891 computing facilities, and that provides an enterprise 1892 information technology service as defined in s. 282.0041, is 1893 established. 1894 (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.— 1895 (i) During the 2014-2015 fiscal year, the following 1896 agencies shall work with the Agency for Enterprise Information 1897 Technology to begin preliminary planning for consolidation into 1898 a primary data center: 1899 1. The Department of Health’s Jacksonville Lab Data Center. 1900 2. The Department of Transportation’s district offices, 1901 toll offices, and the District Materials Office. 1902 3. The Department of Military Affairs’ Camp Blanding Joint 1903 Training Center in Starke. 1904 4. The Camp Blanding Emergency Operations Center in Starke. 1905 5. The Department of Education’s Division of Blind Services 1906 disaster recovery site in Daytona Beach. 1907 6. The Department of Education’s disaster recovery site at 1908 Santa Fe College. 1909 7. The Fish and Wildlife Conservation Commission’s Fish and 1910 Wildlife Research Institute in St. Petersburg. 1911 8. The Department of Children and Families’Family1912Services’Suncoast Data Center in Tampa. 1913 9. The Department of Children and Families’Family1914Services’Florida State Hospital in Chattahoochee. 1915 Section 51. Subsection (3) of section 284.40, Florida 1916 Statutes, is amended to read: 1917 284.40 Division of Risk Management.— 1918 (3) Upon certification by the division director or his or 1919 her designee to the custodian of any records maintained by the 1920 Department of Children and FamiliesFamily Services, Department 1921 of Health, Agency for Health Care Administration, or Department 1922 of Elderly Affairs that such records are necessary to 1923 investigate a claim against the Department of Children and 1924 FamiliesFamily Services, Department of Health, Agency for 1925 Health Care Administration, or Department of Elderly Affairs 1926 being handled by the Division of Risk Management, the records 1927 shall be released to the division subject to the provisions of 1928 subsection (2), any conflicting provisions as to the 1929 confidentiality of such records notwithstanding. 1930 Section 52. Section 287.0575, Florida Statutes, is amended 1931 to read: 1932 287.0575 Coordination of contracted services.—The following 1933 duties and responsibilities of the Department of Children and 1934 FamiliesFamily Services, the Agency for Persons with 1935 Disabilities, the Department of Health, the Department of 1936 Elderly Affairs, and the Department of Veterans’ Affairs, and 1937 service providers under contract to those agencies, are 1938 established: 1939 (1) No later than August 1, 2010, or upon entering into any 1940 new contract for health and human services, state agencies 1941 contracting for health and human services must notify their 1942 contract service providers of the requirements of this section. 1943 (2) No later than October 1, 2010, contract service 1944 providers that have more than one contract with one or more 1945 state agencies to provide health and human services must provide 1946 to each of their contract managers a comprehensive list of their 1947 health and human services contracts. The list must include the 1948 following information: 1949 (a) The name of each contracting state agency and the 1950 applicable office or program issuing the contract. 1951 (b) The identifying name and number of each contract. 1952 (c) The starting and ending date of each contract. 1953 (d) The amount of each contract. 1954 (e) A brief description of the purpose of the contract and 1955 the types of services provided under each contract. 1956 (f) The name and contact information of the contract 1957 manager. 1958 (3) With respect to contracts entered into on or after 1959 August 1, 2010, effective November 1, 2010, or 30 days after 1960 receiving the list provided under subsection (2), a single lead 1961 administrative coordinator for each contract service provider 1962 shall be designated as provided in this subsection from among 1963 the agencies having multiple contracts as provided in subsection 1964 (2). On or before the date such responsibilities are assumed, 1965 the designated lead administrative coordinator shall provide 1966 notice of his or her designation to the contract service 1967 provider and to the agency contract managers for each affected 1968 contract. Unless another lead administrative coordinator is 1969 selected by agreement of all affected contract managers, the 1970 designated lead administrative coordinator shall be the agency 1971 contract manager of the contract with the highest dollar value 1972 over the term of the contract, provided the term of the contract 1973 remaining at the time of designation exceeds 24 months. If the 1974 remaining terms of all contracts are 24 months or less, the 1975 designated lead administrative coordinator shall be the contract 1976 manager of the contract with the latest end date. A designated 1977 lead administrative coordinator, or his or her successor as 1978 contract manager, shall continue as lead administrative 1979 coordinator until another lead administrative coordinator is 1980 selected by agreement of all affected contract managers or until 1981 the end date of the contract for which the designated lead 1982 administrative coordinator serves as contract manager, at which 1983 time a new lead administrative coordinator shall be designated 1984 pursuant to this subsection, if applicable. 1985 (4) The designated lead administrative coordinator shall be 1986 responsible for: 1987 (a) Establishing a coordinated schedule for administrative 1988 and fiscal monitoring; 1989 (b) Consulting with other case managers to establish a 1990 single unified set of required administrative and fiscal 1991 documentation; 1992 (c) Consulting with other case managers to establish a 1993 single unified schedule for periodic updates of administrative 1994 and fiscal information; and 1995 (d) Maintaining an accessible electronic file of up-to-date 1996 administrative and fiscal documents, including, but not limited 1997 to, corporate documents, membership records, audits, and 1998 monitoring reports. 1999 (5) Contract managers for agency contracts other than the 2000 designated lead administrative coordinator must conduct 2001 administrative and fiscal monitoring activities in accordance 2002 with the coordinated schedule and must obtain any necessary 2003 administrative and fiscal documents from the designated lead 2004 administrative coordinator’s electronic file. 2005 (6) This section does not apply to routine program 2006 performance monitoring or prohibit a contracting agency from 2007 directly and immediately contacting the service provider when 2008 the health or safety of clients is at risk. 2009 (7) Each agency contracting for health and human services 2010 shall annually evaluate the performance of its designated lead 2011 administrative coordinator in establishing coordinated systems, 2012 improving efficiency, and reducing redundant monitoring 2013 activities for state agencies and their service providers. The 2014 annual report shall be submitted to the Governor, the President 2015 of the Senate, and the Speaker of the House of Representatives. 2016 Section 53. Subsection (1) of section 287.155, Florida 2017 Statutes, is amended to read: 2018 287.155 Motor vehicles; purchase by Department of Children 2019 and FamiliesFamily Services, Agency for Persons with 2020 Disabilities, Department of Health, Department of Juvenile 2021 Justice, and Department of Corrections.— 2022 (1) The Department of Children and FamiliesFamily2023Services, the Agency for Persons with Disabilities, the 2024 Department of Health, the Department of Juvenile Justice, and 2025 the Department of Corrections may, subject to the approval of 2026 the Department of Management Services, purchase automobiles, 2027 trucks, tractors, and other automotive equipment for the use of 2028 institutions or developmental disabilities centers under the 2029 management of the Department of Children and FamiliesFamily2030Services, the Agency for Persons with Disabilities, the 2031 Department of Health, and the Department of Corrections, and for 2032 the use of residential facilities managed or contracted by the 2033 Department of Juvenile Justice. 2034 Section 54. Paragraph (a) of subsection (6) of section 2035 288.0656, Florida Statutes, is amended to read: 2036 288.0656 Rural Economic Development Initiative.— 2037 (6)(a) By August 1 of each year, the head of each of the 2038 following agencies and organizations shall designate a deputy 2039 secretary or higher-level staff person from within the agency or 2040 organization to serve as the REDI representative for the agency 2041 or organization: 2042 1. The Department of Transportation. 2043 2. The Department of Environmental Protection. 2044 3. The Department of Agriculture and Consumer Services. 2045 4. The Department of State. 2046 5. The Department of Health. 2047 6. The Department of Children and FamiliesFamily Services. 2048 7. The Department of Corrections. 2049 8. The Department of Education. 2050 9. The Department of Juvenile Justice. 2051 10. The Fish and Wildlife Conservation Commission. 2052 11. Each water management district. 2053 12. Enterprise Florida, Inc. 2054 13. Workforce Florida, Inc. 2055 14. VISIT Florida. 2056 15. The Florida Regional Planning Council Association. 2057 16. The Agency for Health Care Administration. 2058 17. The Institute of Food and Agricultural Sciences (IFAS). 2059 2060 An alternate for each designee shall also be chosen, and the 2061 names of the designees and alternates shall be sent to the 2062 executive director of the department. 2063 Section 55. Subsection (8) and paragraph (a) of subsection 2064 (9) of section 288.975, Florida Statutes, are amended to read: 2065 288.975 Military base reuse plans.— 2066 (8) At the request of a host local government, the 2067 department shall coordinate a presubmission workshop concerning 2068 a military base reuse plan within the boundaries of the host 2069 jurisdiction. Agencies that shall participate in the workshop 2070 shall include any affected local governments; the Department of 2071 Environmental Protection; the department; the Department of 2072 Transportation; the Department of Health; the Department of 2073 Children and FamiliesFamily Services; the Department of 2074 Juvenile Justice; the Department of Agriculture and Consumer 2075 Services; the Department of State; the Fish and Wildlife 2076 Conservation Commission; and any applicable water management 2077 districts and regional planning councils. The purposes of the 2078 workshop shall be to assist the host local government to 2079 understand issues of concern to the above listed entities 2080 pertaining to the military base site and to identify 2081 opportunities for better coordination of planning and review 2082 efforts with the information and analyses generated by the 2083 federal environmental impact statement process and the federal 2084 community base reuse planning process. 2085 (9) If a host local government elects to use the optional 2086 provisions of this act, it shall, no later than 12 months after 2087 notifying the agencies of its intent pursuant to subsection (3) 2088 either: 2089 (a) Send a copy of the proposed military base reuse plan 2090 for review to any affected local governments; the Department of 2091 Environmental Protection; the department; the Department of 2092 Transportation; the Department of Health; the Department of 2093 Children and FamiliesFamily Services; the Department of 2094 Juvenile Justice; the Department of Agriculture and Consumer 2095 Services; the Department of State; the Fish and Wildlife 2096 Conservation Commission; and any applicable water management 2097 districts and regional planning councils, or 2098 Section 56. Subsection (7) of section 316.6135, Florida 2099 Statutes, is amended to read: 2100 316.6135 Leaving children unattended or unsupervised in 2101 motor vehicles; penalty; authority of law enforcement officer.— 2102 (7) The child shall be remanded to the custody of the 2103 Department of Children and FamiliesFamily Servicespursuant to 2104 chapter 39, unless the law enforcement officer is able to locate 2105 the parents or legal guardian or other person responsible for 2106 the child. 2107 Section 57. Paragraph (b) of subsection (10) of section 2108 318.14, Florida Statutes, is amended to read: 2109 318.14 Noncriminal traffic infractions; exception; 2110 procedures.— 2111 (10) 2112 (b) Any person cited for an offense listed in this 2113 subsection shall present proof of compliance before the 2114 scheduled court appearance date. For the purposes of this 2115 subsection, proof of compliance shall consist of a valid, 2116 renewed, or reinstated driver license or registration 2117 certificate and proper proof of maintenance of security as 2118 required by s. 316.646. Notwithstanding waiver of fine, any 2119 person establishing proof of compliance shall be assessed court 2120 costs of $25, except that a person charged with violation of s. 2121 316.646(1)-(3) may be assessed court costs of $8. One dollar of 2122 such costs shall be remitted to the Department of Revenue for 2123 deposit into the Child Welfare Training Trust Fund of the 2124 Department of Children and FamiliesFamily Services. One dollar 2125 of such costs shall be distributed to the Department of Juvenile 2126 Justice for deposit into the Juvenile Justice Training Trust 2127 Fund. Fourteen dollars of such costs shall be distributed to the 2128 municipality and $9 shall be deposited by the clerk of the court 2129 into the fine and forfeiture fund established pursuant to s. 2130 142.01, if the offense was committed within the municipality. If 2131 the offense was committed in an unincorporated area of a county 2132 or if the citation was for a violation of s. 316.646(1)-(3), the 2133 entire amount shall be deposited by the clerk of the court into 2134 the fine and forfeiture fund established pursuant to s. 142.01, 2135 except for the moneys to be deposited into the Child Welfare 2136 Training Trust Fund and the Juvenile Justice Training Trust 2137 Fund. This subsection does not authorize the operation of a 2138 vehicle without a valid driver license, without a valid vehicle 2139 tag and registration, or without the maintenance of required 2140 security. 2141 Section 58. Paragraph (a) of subsection (8) of section 2142 320.0848, Florida Statutes, is amended to read: 2143 320.0848 Persons who have disabilities; issuance of 2144 disabled parking permits; temporary permits; permits for certain 2145 providers of transportation services to persons who have 2146 disabilities.— 2147 (8) A law enforcement officer or a parking enforcement 2148 specialist may confiscate the disabled parking permit from any 2149 person who fraudulently obtains or unlawfully uses such a 2150 permit. A law enforcement officer or a parking enforcement 2151 specialist may confiscate any disabled parking permit that is 2152 expired, reported as lost or stolen, or defaced or that does not 2153 display a personal identification number. 2154 (a) The permit number of each confiscated permit must be 2155 submitted to the department, and the fact that the permit has 2156 been confiscated must be noted on the permitholder’s record. If 2157 two permits issued to the same person have been confiscated, the 2158 department shall refer the information to the central abuse 2159 hotline of the Department of Children and FamiliesFamily2160Servicesfor an investigation of potential abuse, neglect, or 2161 exploitation of the permit owner. 2162 Section 59. Subsections (1), (2), (3), and (4) of section 2163 322.055, Florida Statutes, are amended to read: 2164 322.055 Revocation or suspension of, or delay of 2165 eligibility for, driver’s license for persons 18 years of age or 2166 older convicted of certain drug offenses.— 2167 (1) Notwithstanding the provisions of s. 322.28, upon the 2168 conviction of a person 18 years of age or older for possession 2169 or sale of, trafficking in, or conspiracy to possess, sell, or 2170 traffic in a controlled substance, the court shall direct the 2171 department to revoke the driver’s license or driving privilege 2172 of the person. The period of such revocation shall be 2 years or 2173 until the person is evaluated for and, if deemed necessary by 2174 the evaluating agency, completes a drug treatment and 2175 rehabilitation program approved or regulated by the Department 2176 of Children and FamiliesFamily Services. However, the court 2177 may, in its sound discretion, direct the department to issue a 2178 license for driving privileges restricted to business or 2179 employment purposes only, as defined by s. 322.271, if the 2180 person is otherwise qualified for such a license. A driver whose 2181 license or driving privilege has been suspended or revoked under 2182 this section or s. 322.056 may, upon the expiration of 6 months, 2183 petition the department for restoration of the driving privilege 2184 on a restricted or unrestricted basis depending on length of 2185 suspension or revocation. In no case shall a restricted license 2186 be available until 6 months of the suspension or revocation 2187 period has expired. 2188 (2) If a person 18 years of age or older is convicted for 2189 the possession or sale of, trafficking in, or conspiracy to 2190 possess, sell, or traffic in a controlled substance and such 2191 person is eligible by reason of age for a driver’s license or 2192 privilege, the court shall direct the department to withhold 2193 issuance of such person’s driver’s license or driving privilege 2194 for a period of 2 years after the date the person was convicted 2195 or until the person is evaluated for and, if deemed necessary by 2196 the evaluating agency, completes a drug treatment and 2197 rehabilitation program approved or regulated by the Department 2198 of Children and FamiliesFamily Services. However, the court 2199 may, in its sound discretion, direct the department to issue a 2200 license for driving privileges restricted to business or 2201 employment purposes only, as defined by s. 322.271, if the 2202 person is otherwise qualified for such a license. A driver whose 2203 license or driving privilege has been suspended or revoked under 2204 this section or s. 322.056 may, upon the expiration of 6 months, 2205 petition the department for restoration of the driving privilege 2206 on a restricted or unrestricted basis depending on the length of 2207 suspension or revocation. In no case shall a restricted license 2208 be available until 6 months of the suspension or revocation 2209 period has expired. 2210 (3) If a person 18 years of age or older is convicted for 2211 the possession or sale of, trafficking in, or conspiracy to 2212 possess, sell, or traffic in a controlled substance and such 2213 person’s driver’s license or driving privilege is already under 2214 suspension or revocation for any reason, the court shall direct 2215 the department to extend the period of such suspension or 2216 revocation by an additional period of 2 years or until the 2217 person is evaluated for and, if deemed necessary by the 2218 evaluating agency, completes a drug treatment and rehabilitation 2219 program approved or regulated by the Department of Children and 2220 FamiliesFamily Services. However, the court may, in its sound 2221 discretion, direct the department to issue a license for driving 2222 privileges restricted to business or employment purposes only, 2223 as defined by s. 322.271, if the person is otherwise qualified 2224 for such a license. A driver whose license or driving privilege 2225 has been suspended or revoked under this section or s. 322.056 2226 may, upon the expiration of 6 months, petition the department 2227 for restoration of the driving privilege on a restricted or 2228 unrestricted basis depending on the length of suspension or 2229 revocation. In no case shall a restricted license be available 2230 until 6 months of the suspension or revocation period has 2231 expired. 2232 (4) If a person 18 years of age or older is convicted for 2233 the possession or sale of, trafficking in, or conspiracy to 2234 possess, sell, or traffic in a controlled substance and such 2235 person is ineligible by reason of age for a driver’s license or 2236 driving privilege, the court shall direct the department to 2237 withhold issuance of such person’s driver’s license or driving 2238 privilege for a period of 2 years after the date that he or she 2239 would otherwise have become eligible or until he or she becomes 2240 eligible by reason of age for a driver’s license and is 2241 evaluated for and, if deemed necessary by the evaluating agency, 2242 completes a drug treatment and rehabilitation program approved 2243 or regulated by the Department of Children and FamiliesFamily2244Services. However, the court may, in its sound discretion, 2245 direct the department to issue a license for driving privileges 2246 restricted to business or employment purposes only, as defined 2247 by s. 322.271, if the person is otherwise qualified for such a 2248 license. A driver whose license or driving privilege has been 2249 suspended or revoked under this section or s. 322.056 may, upon 2250 the expiration of 6 months, petition the department for 2251 restoration of the driving privilege on a restricted or 2252 unrestricted basis depending on the length of suspension or 2253 revocation. In no case shall a restricted license be available 2254 until 6 months of the suspension or revocation period has 2255 expired. 2256 Section 60. Paragraph (g) of subsection (2) of section 2257 364.10, Florida Statutes, is amended to read: 2258 364.10 Lifeline service.— 2259 (2) 2260 (g)1. By December 31, 2010, each state agency that provides 2261 benefits to persons eligible for Lifeline service shall 2262 undertake, in cooperation with the Department of Children and 2263 FamiliesFamily Services, the Department of Education, the 2264 commission, the Office of Public Counsel, and telecommunications 2265 companies designated eligible telecommunications carriers 2266 providing Lifeline services, the development of procedures to 2267 promote Lifeline participation. The departments, the commission, 2268 and the Office of Public Counsel may exchange sufficient 2269 information with the appropriate eligible telecommunications 2270 carriers and any commercial mobile radio service provider 2271 electing to provide Lifeline service under paragraph (a), such 2272 as a person’s name, date of birth, service address, and 2273 telephone number, so that the carriers can identify and enroll 2274 an eligible person in the Lifeline and Link-Up programs. The 2275 information remains confidential pursuant to s. 364.107 and may 2276 only be used for purposes of determining eligibility and 2277 enrollment in the Lifeline and Link-Up programs. 2278 2. If any state agency determines that a person is eligible 2279 for Lifeline services, the agency shall immediately forward the 2280 information to the commission to ensure that the person is 2281 automatically enrolled in the program with the appropriate 2282 eligible telecommunications carrier. The state agency shall 2283 include an option for an eligible customer to choose not to 2284 subscribe to the Lifeline service. The Public Service Commission 2285 and the Department of Children and FamiliesFamily Services2286 shall, no later than December 31, 2007, adopt rules creating 2287 procedures to automatically enroll eligible customers in 2288 Lifeline service. 2289 3. By December 31, 2010, the commission, the Department of 2290 Children and FamiliesFamily Services, the Office of Public 2291 Counsel, and each eligible telecommunications carrier offering 2292 Lifeline and Link-Up services shall convene a Lifeline Workgroup 2293 to discuss how the eligible subscriber information in 2294 subparagraph 1. will be shared, the obligations of each party 2295 with respect to the use of that information, and the procedures 2296 to be implemented to increase enrollment and verify eligibility 2297 in these programs. 2298 Section 61. Paragraphs (g) and (h) of subsection (2) of 2299 section 379.353, Florida Statutes, are amended to read: 2300 379.353 Recreational licenses and permits; exemptions from 2301 fees and requirements.— 2302 (2) A hunting, freshwater fishing, or saltwater fishing 2303 license or permit is not required for: 2304 (g) Any person fishing who has been accepted as a client 2305 for developmental disabilities services by the Department of 2306 Children and FamiliesFamily Services, provided the department 2307 furnishes proof thereof. 2308 (h) Any resident saltwater fishing from land or from a 2309 structure fixed to the land who has been determined eligible by 2310 the Department of Children and FamiliesFamily Servicesfor the 2311 food assistance program, temporary cash assistance, or the 2312 Medicaid programs. A benefit issuance or program identification 2313 card issued by the Department of Children and FamiliesFamily2314Servicesor the Florida Medicaid program of the Agency for 2315 Health Care Administration shall serve as proof of program 2316 eligibility. The client must have in his or her possession the 2317 ID card and positive proof of identification when fishing. 2318 Section 62. Subsection (1) of section 381.0022, Florida 2319 Statutes, is amended to read: 2320 381.0022 Sharing confidential or exempt information.— 2321 (1) Notwithstanding any other provision of law to the 2322 contrary, the Department of Health and the Department of 2323 Children and FamiliesFamily Servicesmay share confidential 2324 information or information exempt from disclosure under chapter 2325 119 on any individual who is or has been the subject of a 2326 program within the jurisdiction of each agency. Information so 2327 exchanged remains confidential or exempt as provided by law. 2328 Section 63. Subsection (18) of section 381.006, Florida 2329 Statutes, is amended to read: 2330 381.006 Environmental health.—The department shall conduct 2331 an environmental health program as part of fulfilling the 2332 state’s public health mission. The purpose of this program is to 2333 detect and prevent disease caused by natural and manmade factors 2334 in the environment. The environmental health program shall 2335 include, but not be limited to: 2336 (18) A food service inspection function for domestic 2337 violence centers that are certified by the Department of 2338 Children and FamiliesFamily Servicesand monitored by the 2339 Florida Coalition Against Domestic Violence under part XII of 2340 chapter 39 and group care homes as described in subsection (16), 2341 which shall be conducted annually and be limited to the 2342 requirements in department rule applicable to community-based 2343 residential facilities with five or fewer residents. 2344 2345 The department may adopt rules to carry out the provisions of 2346 this section. 2347 Section 64. Paragraph (b) of subsection (1) and paragraph 2348 (a) of subsection (2) of section 381.0072, Florida Statutes, are 2349 amended to read: 2350 381.0072 Food service protection.—It shall be the duty of 2351 the Department of Health to adopt and enforce sanitation rules 2352 consistent with law to ensure the protection of the public from 2353 food-borne illness. These rules shall provide the standards and 2354 requirements for the storage, preparation, serving, or display 2355 of food in food service establishments as defined in this 2356 section and which are not permitted or licensed under chapter 2357 500 or chapter 509. 2358 (1) DEFINITIONS.—As used in this section, the term: 2359 (b) “Food service establishment” means detention 2360 facilities, public or private schools, migrant labor camps, 2361 assisted living facilities, facilities participating in the 2362 United States Department of Agriculture Afterschool Meal Program 2363 that are located at a facility or site that is not inspected by 2364 another state agency for compliance with sanitation standards, 2365 adult family-care homes, adult day care centers, short-term 2366 residential treatment centers, residential treatment facilities, 2367 homes for special services, transitional living facilities, 2368 crisis stabilization units, hospices, prescribed pediatric 2369 extended care centers, intermediate care facilities for persons 2370 with developmental disabilities, boarding schools, civic or 2371 fraternal organizations, bars and lounges, vending machines that 2372 dispense potentially hazardous foods at facilities expressly 2373 named in this paragraph, and facilities used as temporary food 2374 events or mobile food units at any facility expressly named in 2375 this paragraph, where food is prepared and intended for 2376 individual portion service, including the site at which 2377 individual portions are provided, regardless of whether 2378 consumption is on or off the premises and regardless of whether 2379 there is a charge for the food. The term does not include any 2380 entity not expressly named in this paragraph; nor does the term 2381 include a domestic violence center certified by the Department 2382 of Children and FamiliesFamily Servicesand monitored by the 2383 Florida Coalition Against Domestic Violence under part XII of 2384 chapter 39 if the center does not prepare and serve food to its 2385 residents and does not advertise food or drink for public 2386 consumption. 2387 (2) DUTIES.— 2388 (a) The department may advise and consult with the Agency 2389 for Health Care Administration, the Department of Business and 2390 Professional Regulation, the Department of Agriculture and 2391 Consumer Services, and the Department of Children and Families 2392Family Servicesconcerning procedures related to the storage, 2393 preparation, serving, or display of food at any building, 2394 structure, or facility not expressly included in this section 2395 that is inspected, licensed, or regulated by those agencies. 2396 Section 65. Paragraph (e) of subsection (2) and paragraph 2397 (b) of subsection (5) of section 381.0303, Florida Statutes, are 2398 amended to read: 2399 381.0303 Special needs shelters.— 2400 (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY 2401 ASSISTANCE.—If funds have been appropriated to support disaster 2402 coordinator positions in county health departments: 2403 (e) The Secretary of Elderly Affairs, or his or her 2404 designee, shall convene, at any time that he or she deems 2405 appropriate and necessary, a multiagency special needs shelter 2406 discharge planning team to assist local areas that are severely 2407 impacted by a natural or manmade disaster that requires the use 2408 of special needs shelters. Multiagency special needs shelter 2409 discharge planning teams shall provide assistance to local 2410 emergency management agencies with the continued operation or 2411 closure of the shelters, as well as with the discharge of 2412 special needs clients to alternate facilities if necessary. 2413 Local emergency management agencies may request the assistance 2414 of a multiagency special needs shelter discharge planning team 2415 by alerting statewide emergency management officials of the 2416 necessity for additional assistance in their area. The Secretary 2417 of Elderly Affairs is encouraged to proactively work with other 2418 state agencies prior to any natural disasters for which warnings 2419 are provided to ensure that multiagency special needs shelter 2420 discharge planning teams are ready to assemble and deploy 2421 rapidly upon a determination by state emergency management 2422 officials that a disaster area requires additional assistance. 2423 The Secretary of Elderly Affairs may call upon any state agency 2424 or office to provide staff to assist a multiagency special needs 2425 shelter discharge planning team. Unless the secretary determines 2426 that the nature or circumstances surrounding the disaster do not 2427 warrant participation from a particular agency’s staff, each 2428 multiagency special needs shelter discharge planning team shall 2429 include at least one representative from each of the following 2430 state agencies: 2431 1. Department of Elderly Affairs. 2432 2. Department of Health. 2433 3. Department of Children and FamiliesFamily Services. 2434 4. Department of Veterans’ Affairs. 2435 5. Division of Emergency Management. 2436 6. Agency for Health Care Administration. 2437 7. Agency for Persons with Disabilities. 2438 (5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.—The State 2439 Surgeon General may establish a special needs shelter 2440 interagency committee and serve as, or appoint a designee to 2441 serve as, the committee’s chair. The department shall provide 2442 any necessary staff and resources to support the committee in 2443 the performance of its duties. The committee shall address and 2444 resolve problems related to special needs shelters not addressed 2445 in the state comprehensive emergency medical plan and shall 2446 consult on the planning and operation of special needs shelters. 2447 (b) The special needs shelter interagency committee shall 2448 be composed of representatives of emergency management, health, 2449 medical, and social services organizations. Membership shall 2450 include, but shall not be limited to, representatives of the 2451 Departments of Health, Children and FamiliesFamily Services, 2452 Elderly Affairs, and Education; the Agency for Health Care 2453 Administration; the Division of Emergency Management; the 2454 Florida Medical Association; the Florida Osteopathic Medical 2455 Association; Associated Home Health Industries of Florida, Inc.; 2456 the Florida Nurses Association; the Florida Health Care 2457 Association; the Florida Assisted Living Affiliation; the 2458 Florida Hospital Association; the Florida Statutory Teaching 2459 Hospital Council; the Florida Association of Homes for the 2460 Aging; the Florida Emergency Preparedness Association; the 2461 American Red Cross; Florida Hospices and Palliative Care, Inc.; 2462 the Association of Community Hospitals and Health Systems; the 2463 Florida Association of Health Maintenance Organizations; the 2464 Florida League of Health Systems; the Private Care Association; 2465 the Salvation Army; the Florida Association of Aging Services 2466 Providers; the AARP; and the Florida Renal Coalition. 2467 Section 66. Subsection (5) of section 381.0407, Florida 2468 Statutes, is amended to read: 2469 381.0407 Managed care and publicly funded primary care 2470 program coordination.— 2471 (5) EMERGENCY SHELTER MEDICAL SCREENING REIMBURSEMENT. 2472 County health departments shall be reimbursed by managed care 2473 plans, and the MediPass program as administered by the Agency 2474 for Health Care Administration, for clients of the Department of 2475 Children and FamiliesFamily Serviceswho receive emergency 2476 shelter medical screenings. 2477 Section 67. Paragraph (e) of subsection (1) of section 2478 382.016, Florida Statutes, is amended to read: 2479 382.016 Amendment of records.—The department, upon receipt 2480 of the fee prescribed in s. 382.0255; documentary evidence, as 2481 specified by rule, of any misstatement, error, or omission 2482 occurring in any birth, death, or fetal death record; and an 2483 affidavit setting forth the changes to be made, shall amend or 2484 replace the original certificate as necessary. 2485 (1) CERTIFICATE OF LIVE BIRTH AMENDMENT.— 2486 (e) The Department of Revenue shall develop written 2487 educational materials for use and distribution by the Department 2488 of Children and FamiliesFamily Services, Department of 2489 Corrections, Department of Education, Department of Health, and 2490 Department of Juvenile Justice that describe how paternity is 2491 established and the benefits of establishing paternity. The 2492 Department of Children and FamiliesFamily Services, Department 2493 of Corrections, Department of Education, Department of Health, 2494 and Department of Juvenile Justice shall make the materials 2495 available to individuals to whom services are provided and are 2496 encouraged to provide additional education on how paternity is 2497 established and the benefits of establishing paternity. 2498 Section 68. Paragraph (g) of subsection (1) of section 2499 383.011, Florida Statutes, is amended to read: 2500 383.011 Administration of maternal and child health 2501 programs.— 2502 (1) The Department of Health is designated as the state 2503 agency for: 2504 (g) Receiving the federal funds for the “Special 2505 Supplemental Nutrition Program for Women, Infants, and 2506 Children,” or WIC, authorized by the Child Nutrition Act of 2507 1966, as amended, and for providing clinical leadership for the 2508 statewide WIC program. 2509 1. The department shall establish an interagency agreement 2510 with the Department of Children and FamiliesFamily Servicesfor 2511 fiscal management of the program. Responsibilities are delegated 2512 to each department, as follows: 2513 a. The department shall provide clinical leadership, manage 2514 program eligibility, and distribute nutritional guidance and 2515 information to participants. 2516 b. The Department of Children and FamiliesFamily Services2517 shall develop and implement an electronic benefits transfer 2518 system. 2519 c. The Department of Children and FamiliesFamily Services2520 shall develop a cost containment plan that provides timely and 2521 accurate adjustments based on wholesale price fluctuations and 2522 adjusts for the number of cash registers in calculating 2523 statewide averages. 2524 d. The department shall coordinate submission of 2525 information to appropriate federal officials in order to obtain 2526 approval of the electronic benefits system and cost containment 2527 plan, which must include participation of WIC-only stores. 2528 2. The department shall assist the Department of Children 2529 and FamiliesFamily Servicesin the development of the 2530 electronic benefits system to ensure full implementation no 2531 later than July 1, 2013. 2532 Section 69. Subsection (2), paragraph (b) of subsection 2533 (8), and subsection (18) of section 383.402, Florida Statutes, 2534 are amended to read: 2535 383.402 Child abuse death review; State Child Abuse Death 2536 Review Committee; local child abuse death review committees.— 2537 (2)(a) The State Child Abuse Death Review Committee is 2538 established within the Department of Health and shall consist of 2539 a representative of the Department of Health, appointed by the 2540 State Surgeon General, who shall serve as the state committee 2541 coordinator. The head of each of the following agencies or 2542 organizations shall also appoint a representative to the state 2543 committee: 2544 1. The Department of Legal Affairs. 2545 2. The Department of Children and FamiliesFamily Services. 2546 3. The Department of Law Enforcement. 2547 4. The Department of Education. 2548 5. The Florida Prosecuting Attorneys Association, Inc. 2549 6. The Florida Medical Examiners Commission, whose 2550 representative must be a forensic pathologist. 2551 (b) In addition, the State Surgeon General shall appoint 2552 the following members to the state committee, based on 2553 recommendations from the Department of Health and the agencies 2554 listed in paragraph (a), and ensuring that the committee 2555 represents the regional, gender, and ethnic diversity of the 2556 state to the greatest extent possible: 2557 1. A board-certified pediatrician. 2558 2. A public health nurse. 2559 3. A mental health professional who treats children or 2560 adolescents. 2561 4. An employee of the Department of Children and Families 2562Family Serviceswho supervises family services counselors and 2563 who has at least 5 years of experience in child protective 2564 investigations. 2565 5. The medical director of a child protection team. 2566 6. A member of a child advocacy organization. 2567 7. A social worker who has experience in working with 2568 victims and perpetrators of child abuse. 2569 8. A person trained as a paraprofessional in patient 2570 resources who is employed in a child abuse prevention program. 2571 9. A law enforcement officer who has at least 5 years of 2572 experience in children’s issues. 2573 10. A representative of the Florida Coalition Against 2574 Domestic Violence. 2575 11. A representative from a private provider of programs on 2576 preventing child abuse and neglect. 2577 (8) Notwithstanding any other law, the chairperson of the 2578 State Child Abuse Death Review Committee, or the chairperson of 2579 a local committee, shall be provided with access to any 2580 information or records that pertain to a child whose death is 2581 being reviewed by the committee and that are necessary for the 2582 committee to carry out its duties, including information or 2583 records that pertain to the child’s family, as follows: 2584 (b) Information or records of any state agency or political 2585 subdivision which might assist a committee in reviewing a 2586 child’s death, including, but not limited to, information or 2587 records of the Department of Children and FamiliesFamily2588Services, the Department of Health, the Department of Education, 2589 or the Department of Juvenile Justice. 2590 (18) Each district administrator of the Department of 2591 Children and FamiliesFamily Servicesmust appoint a child abuse 2592 death review coordinator for the district. The coordinator must 2593 have knowledge and expertise in the area of child abuse and 2594 neglect. The coordinator’s general responsibilities include: 2595 (a) Coordinating with the local child abuse death review 2596 committee. 2597 (b) Ensuring the appropriate implementation of the child 2598 abuse death review process and all district activities related 2599 to the review of child abuse deaths. 2600 (c) Working with the committee to ensure that the reviews 2601 are thorough and that all issues are appropriately addressed. 2602 (d) Maintaining a system of logging child abuse deaths 2603 covered by this procedure and tracking cases during the child 2604 abuse death review process. 2605 (e) Conducting or arranging for a Florida Abuse Hotline 2606 Information System (FAHIS) record check on all child abuse 2607 deaths covered by this procedure to determine whether there were 2608 any prior reports concerning the child or concerning any 2609 siblings, other children, or adults in the home. 2610 (f) Coordinating child abuse death review activities, as 2611 needed, with individuals in the community and the Department of 2612 Health. 2613 (g) Notifying the district administrator, the Secretary of 2614 Children and FamiliesFamily Services, the Deputy Secretary for 2615 Children’s Medical Services, and the Department of Health Child 2616 Abuse Death Review Coordinator of all child abuse deaths meeting 2617 criteria for review as specified in this section within 1 2618 working day after verifying the child’s death was due to abuse, 2619 neglect, or abandonment. 2620 (h) Ensuring that all critical issues identified by the 2621 local child abuse death review committee are brought to the 2622 attention of the district administrator and the Secretary of 2623 Children and FamiliesFamily Services. 2624 (i) Providing technical assistance to the local child abuse 2625 death review committee during the review of any child abuse 2626 death. 2627 Section 70. Subsection (5) of section 393.002, Florida 2628 Statutes, is amended to read: 2629 393.002 Transfer of Florida Developmental Disabilities 2630 Council as formerly created in this chapter to private nonprofit 2631 corporation.— 2632 (5) Pursuant to the applicable provisions of chapter 284, 2633 the Division of Risk Management of the Department of Financial 2634 Services is authorized to insure this nonprofit corporation 2635 under the same general terms and conditions as the Florida 2636 Developmental Disabilities Council was insured in the Department 2637 of Children and FamiliesFamily Servicesby the division prior 2638 to the transfer of its functions authorized by this section. 2639 Section 71. Paragraph (b) of subsection (5) of section 2640 393.065, Florida Statutes, is amended to read: 2641 393.065 Application and eligibility determination.— 2642 (5) Except as otherwise directed by law, beginning July 1, 2643 2010, the agency shall assign and provide priority to clients 2644 waiting for waiver services in the following order: 2645 (b) Category 2, which includes children on the wait list 2646 who are from the child welfare system with an open case in the 2647 Department of Children and Families’Family Services’statewide 2648 automated child welfare information system. 2649 2650 Within categories 3, 4, 5, 6, and 7, the agency shall maintain a 2651 wait list of clients placed in the order of the date that the 2652 client is determined eligible for waiver services. 2653 Section 72. Paragraph (a) of subsection (1) and subsection 2654 (3) of section 393.0661, Florida Statutes, are amended to read: 2655 393.0661 Home and community-based services delivery system; 2656 comprehensive redesign.—The Legislature finds that the home and 2657 community-based services delivery system for persons with 2658 developmental disabilities and the availability of appropriated 2659 funds are two of the critical elements in making services 2660 available. Therefore, it is the intent of the Legislature that 2661 the Agency for Persons with Disabilities shall develop and 2662 implement a comprehensive redesign of the system. 2663 (1) The redesign of the home and community-based services 2664 system shall include, at a minimum, all actions necessary to 2665 achieve an appropriate rate structure, client choice within a 2666 specified service package, appropriate assessment strategies, an 2667 efficient billing process that contains reconciliation and 2668 monitoring components, and a redefined role for support 2669 coordinators that avoids potential conflicts of interest and 2670 ensures that family/client budgets are linked to levels of need. 2671 (a) The agency shall use an assessment instrument that the 2672 agency deems to be reliable and valid, including, but not 2673 limited to, the Department of Children and Families’Family2674Services’Individual Cost Guidelines or the agency’s 2675 Questionnaire for Situational Information. The agency may 2676 contract with an external vendor or may use support coordinators 2677 to complete client assessments if it develops sufficient 2678 safeguards and training to ensure ongoing inter-rater 2679 reliability. 2680 (3) The Agency for Health Care Administration, in 2681 consultation with the agency, shall seek federal approval and 2682 implement a four-tiered waiver system to serve eligible clients 2683 through the developmental disabilities and family and supported 2684 living waivers. For the purpose of this waiver program, eligible 2685 clients shall include individuals with a diagnosis of Down 2686 syndrome or a developmental disability as defined in s. 393.063. 2687 The agency shall assign all clients receiving services through 2688 the developmental disabilities waiver to a tier based on the 2689 Department of Children and Families’Family Services’Individual 2690 Cost Guidelines, the agency’s Questionnaire for Situational 2691 Information, or another such assessment instrument deemed to be 2692 valid and reliable by the agency; client characteristics, 2693 including, but not limited to, age; and other appropriate 2694 assessment methods. 2695 (a) Tier one is limited to clients who have service needs 2696 that cannot be met in tier two, three, or four for intensive 2697 medical or adaptive needs and that are essential for avoiding 2698 institutionalization, or who possess behavioral problems that 2699 are exceptional in intensity, duration, or frequency and present 2700 a substantial risk of harm to themselves or others. Total annual 2701 expenditures under tier one may not exceed $150,000 per client 2702 each year, provided that expenditures for clients in tier one 2703 with a documented medical necessity requiring intensive 2704 behavioral residential habilitation services, intensive 2705 behavioral residential habilitation services with medical needs, 2706 or special medical home care, as provided in the Developmental 2707 Disabilities Waiver Services Coverage and Limitations Handbook, 2708 are not subject to the $150,000 limit on annual expenditures. 2709 (b) Tier two is limited to clients whose service needs 2710 include a licensed residential facility and who are authorized 2711 to receive a moderate level of support for standard residential 2712 habilitation services or a minimal level of support for behavior 2713 focus residential habilitation services, or clients in supported 2714 living who receive more than 6 hours a day of in-home support 2715 services. Total annual expenditures under tier two may not 2716 exceed $53,625 per client each year. 2717 (c) Tier three includes, but is not limited to, clients 2718 requiring residential placements, clients in independent or 2719 supported living situations, and clients who live in their 2720 family home. Total annual expenditures under tier three may not 2721 exceed $34,125 per client each year. 2722 (d) Tier four includes individuals who were enrolled in the 2723 family and supported living waiver on July 1, 2007, who shall be 2724 assigned to this tier without the assessments required by this 2725 section. Tier four also includes, but is not limited to, clients 2726 in independent or supported living situations and clients who 2727 live in their family home. Total annual expenditures under tier 2728 four may not exceed $14,422 per client each year. 2729 (e) The Agency for Health Care Administration shall also 2730 seek federal approval to provide a consumer-directed option for 2731 persons with developmental disabilities which corresponds to the 2732 funding levels in each of the waiver tiers. The agency shall 2733 implement the four-tiered waiver system beginning with tiers 2734 one, three, and four and followed by tier two. The agency and 2735 the Agency for Health Care Administration may adopt rules 2736 necessary to administer this subsection. 2737 (f) The agency shall seek federal waivers and amend 2738 contracts as necessary to make changes to services defined in 2739 federal waiver programs administered by the agency as follows: 2740 1. Supported living coaching services may not exceed 20 2741 hours per month for persons who also receive in-home support 2742 services. 2743 2. Limited support coordination services is the only type 2744 of support coordination service that may be provided to persons 2745 under the age of 18 who live in the family home. 2746 3. Personal care assistance services are limited to 180 2747 hours per calendar month and may not include rate modifiers. 2748 Additional hours may be authorized for persons who have 2749 intensive physical, medical, or adaptive needs if such hours are 2750 essential for avoiding institutionalization. 2751 4. Residential habilitation services are limited to 8 hours 2752 per day. Additional hours may be authorized for persons who have 2753 intensive medical or adaptive needs and if such hours are 2754 essential for avoiding institutionalization, or for persons who 2755 possess behavioral problems that are exceptional in intensity, 2756 duration, or frequency and present a substantial risk of harming 2757 themselves or others. This restriction shall be in effect until 2758 the four-tiered waiver system is fully implemented. 2759 5. Chore services, nonresidential support services, and 2760 homemaker services are eliminated. The agency shall expand the 2761 definition of in-home support services to allow the service 2762 provider to include activities previously provided in these 2763 eliminated services. 2764 6. Massage therapy, medication review, and psychological 2765 assessment services are eliminated. 2766 7. The agency shall conduct supplemental cost plan reviews 2767 to verify the medical necessity of authorized services for plans 2768 that have increased by more than 8 percent during either of the 2769 2 preceding fiscal years. 2770 8. The agency shall implement a consolidated residential 2771 habilitation rate structure to increase savings to the state 2772 through a more cost-effective payment method and establish 2773 uniform rates for intensive behavioral residential habilitation 2774 services. 2775 9. Pending federal approval, the agency may extend current 2776 support plans for clients receiving services under Medicaid 2777 waivers for 1 year beginning July 1, 2007, or from the date 2778 approved, whichever is later. Clients who have a substantial 2779 change in circumstances which threatens their health and safety 2780 may be reassessed during this year in order to determine the 2781 necessity for a change in their support plan. 2782 10. The agency shall develop a plan to eliminate 2783 redundancies and duplications between in-home support services, 2784 companion services, personal care services, and supported living 2785 coaching by limiting or consolidating such services. 2786 11. The agency shall develop a plan to reduce the intensity 2787 and frequency of supported employment services to clients in 2788 stable employment situations who have a documented history of at 2789 least 3 years’ employment with the same company or in the same 2790 industry. 2791 Section 73. Paragraph (b) of subsection (1) and subsection 2792 (2) of section 393.0673, Florida Statutes, are amended to read: 2793 393.0673 Denial, suspension, or revocation of license; 2794 moratorium on admissions; administrative fines; procedures.— 2795 (1) The agency may revoke or suspend a license or impose an 2796 administrative fine, not to exceed $1,000 per violation per day, 2797 if: 2798 (b) The Department of Children and FamiliesFamily Services2799 has verified that the licensee is responsible for the abuse, 2800 neglect, or abandonment of a child or the abuse, neglect, or 2801 exploitation of a vulnerable adult. 2802 (2) The agency may deny an application for licensure 2803 submitted under s. 393.067 if: 2804 (a) The applicant has: 2805 1. Falsely represented or omitted a material fact in its 2806 license application submitted under s. 393.067; 2807 2. Had prior action taken against it under the Medicaid or 2808 Medicare program; 2809 3. Failed to comply with the applicable requirements of 2810 this chapter or rules applicable to the applicant; or 2811 4. Previously had a license to operate a residential 2812 facility revoked by the agency, the Department of Children and 2813 FamiliesFamily Services, or the Agency for Health Care 2814 Administration; or 2815 (b) The Department of Children and FamiliesFamily Services2816 has verified that the applicant is responsible for the abuse, 2817 neglect, or abandonment of a child or the abuse, neglect, or 2818 exploitation of a vulnerable adult. 2819 Section 74. Paragraph (a) of subsection (1) of section 2820 393.125, Florida Statutes, is amended to read: 2821 393.125 Hearing rights.— 2822 (1) REVIEW OF AGENCY DECISIONS.— 2823 (a) For Medicaid programs administered by the agency, any 2824 developmental services applicant or client, or his or her 2825 parent, guardian advocate, or authorized representative, may 2826 request a hearing in accordance with federal law and rules 2827 applicable to Medicaid cases and has the right to request an 2828 administrative hearing pursuant to ss. 120.569 and 120.57. These 2829 hearings shall be provided by the Department of Children and 2830 FamiliesFamily Servicespursuant to s. 409.285 and shall follow 2831 procedures consistent with federal law and rules applicable to 2832 Medicaid cases. 2833 Section 75. Subsection (5) of section 393.135, Florida 2834 Statutes, is amended to read: 2835 393.135 Sexual misconduct prohibited; reporting required; 2836 penalties.— 2837 (5) A covered person who witnesses sexual misconduct, or 2838 who otherwise knows or has reasonable cause to suspect that a 2839 person has engaged in sexual misconduct, shall immediately 2840 report the incident to the central abuse hotline of the 2841 Department of Children and FamiliesFamily Servicesand to the 2842 appropriate local law enforcement agency. The covered person 2843 shall also prepare, date, and sign an independent report that 2844 specifically describes the nature of the sexual misconduct, the 2845 location and time of the incident, and the persons involved. The 2846 covered person shall deliver the report to the supervisor or 2847 program director, who is responsible for providing copies to the 2848 agency’s local office and the agency’s inspector general. 2849 Section 76. Paragraph (b) of subsection (6) of section 2850 393.18, Florida Statutes, is amended to read: 2851 393.18 Comprehensive transitional education program.—A 2852 comprehensive transitional education program is a group of 2853 jointly operating centers or units, the collective purpose of 2854 which is to provide a sequential series of educational care, 2855 training, treatment, habilitation, and rehabilitation services 2856 to persons who have developmental disabilities and who have 2857 severe or moderate maladaptive behaviors. However, this section 2858 does not require such programs to provide services only to 2859 persons with developmental disabilities. All such services shall 2860 be temporary in nature and delivered in a structured residential 2861 setting, having the primary goal of incorporating the principle 2862 of self-determination in establishing permanent residence for 2863 persons with maladaptive behaviors in facilities that are not 2864 associated with the comprehensive transitional education 2865 program. The staff shall include behavior analysts and teachers, 2866 as appropriate, who shall be available to provide services in 2867 each component center or unit of the program. A behavior analyst 2868 must be certified pursuant to s. 393.17. 2869 (6) Notwithstanding subsection (5), in order to maximize 2870 federal revenues and provide for children needing special 2871 behavioral services, the agency may authorize the licensure of a 2872 facility that: 2873 (b) As of July 1, 2010, serve children who were served by 2874 the child welfare system and who have an open case in the 2875 automated child welfare system of the Department of Children and 2876 FamiliesFamily Services. 2877 2878 The facility must be in compliance with all program criteria and 2879 local zoning requirements and may not exceed a capacity of 15 2880 children. 2881 Section 77. Section 394.453, Florida Statutes, is amended 2882 to read: 2883 394.453 Legislative intent.—It is the intent of the 2884 Legislature to authorize and direct the Department of Children 2885 and FamiliesFamily Servicesto evaluate, research, plan, and 2886 recommend to the Governor and the Legislature programs designed 2887 to reduce the occurrence, severity, duration, and disabling 2888 aspects of mental, emotional, and behavioral disorders. It is 2889 the intent of the Legislature that treatment programs for such 2890 disorders shall include, but not be limited to, comprehensive 2891 health, social, educational, and rehabilitative services to 2892 persons requiring intensive short-term and continued treatment 2893 in order to encourage them to assume responsibility for their 2894 treatment and recovery. It is intended that such persons be 2895 provided with emergency service and temporary detention for 2896 evaluation when required; that they be admitted to treatment 2897 facilities on a voluntary basis when extended or continuing care 2898 is needed and unavailable in the community; that involuntary 2899 placement be provided only when expert evaluation determines 2900 that it is necessary; that any involuntary treatment or 2901 examination be accomplished in a setting which is clinically 2902 appropriate and most likely to facilitate the person’s return to 2903 the community as soon as possible; and that individual dignity 2904 and human rights be guaranteed to all persons who are admitted 2905 to mental health facilities or who are being held under s. 2906 394.463. It is the further intent of the Legislature that the 2907 least restrictive means of intervention be employed based on the 2908 individual needs of each person, within the scope of available 2909 services. It is the policy of this state that the use of 2910 restraint and seclusion on clients is justified only as an 2911 emergency safety measure to be used in response to imminent 2912 danger to the client or others. It is, therefore, the intent of 2913 the Legislature to achieve an ongoing reduction in the use of 2914 restraint and seclusion in programs and facilities serving 2915 persons with mental illness. 2916 Section 78. Subsections (8), (30), and (33) of section 2917 394.455, Florida Statutes, are amended to read: 2918 394.455 Definitions.—As used in this part, unless the 2919 context clearly requires otherwise, the term: 2920 (8) “Department” means the Department of Children and 2921 FamiliesFamily Services. 2922 (30) “Secretary” means the Secretary of Children and 2923 FamiliesFamily Services. 2924 (33) “Service provider” means any public or private 2925 receiving facility, an entity under contract with the Department 2926 of Children and FamiliesFamily Servicesto provide mental 2927 health services, a clinical psychologist, a clinical social 2928 worker, a marriage and family therapist, a mental health 2929 counselor, a physician, a psychiatric nurse as defined in 2930 subsection (23), or a community mental health center or clinic 2931 as defined in this part. 2932 Section 79. Subsection (1) of section 394.457, Florida 2933 Statutes, is amended to read: 2934 394.457 Operation and administration.— 2935 (1) ADMINISTRATION.—The Department of Children and Families 2936Family Servicesis designated the “Mental Health Authority” of 2937 Florida. The department and the Agency for Health Care 2938 Administration shall exercise executive and administrative 2939 supervision over all mental health facilities, programs, and 2940 services. 2941 Section 80. Subsection (3) of section 394.4574, Florida 2942 Statutes, is amended to read: 2943 394.4574 Department responsibilities for a mental health 2944 resident who resides in an assisted living facility that holds a 2945 limited mental health license.— 2946 (3) The Secretary of Children and FamiliesFamily Services, 2947 in consultation with the Agency for Health Care Administration, 2948 shall annually require each district administrator to develop, 2949 with community input, detailed plans that demonstrate how the 2950 district will ensure the provision of state-funded mental health 2951 and substance abuse treatment services to residents of assisted 2952 living facilities that hold a limited mental health license. 2953 These plans must be consistent with the substance abuse and 2954 mental health district plan developed pursuant to s. 394.75 and 2955 must address case management services; access to consumer 2956 operated drop-in centers; access to services during evenings, 2957 weekends, and holidays; supervision of the clinical needs of the 2958 residents; and access to emergency psychiatric care. 2959 Section 81. Paragraph (b) of subsection (4) of section 2960 394.461, Florida Statutes, is amended to read: 2961 394.461 Designation of receiving and treatment facilities. 2962 The department is authorized to designate and monitor receiving 2963 facilities and treatment facilities and may suspend or withdraw 2964 such designation for failure to comply with this part and rules 2965 adopted under this part. Unless designated by the department, 2966 facilities are not permitted to hold or treat involuntary 2967 patients under this part. 2968 (4) 2969 (b) For the purposes of this subsection, “payor class” 2970 means Medicare, Medicare HMO, Medicaid, Medicaid HMO, private 2971 pay health insurance, private-pay health maintenance 2972 organization, private preferred provider organization, the 2973 Department of Children and FamiliesFamily Services, other 2974 government programs, self-pay patients, and charity care. 2975 Section 82. Subsection (1) of section 394.4612, Florida 2976 Statutes, is amended to read: 2977 394.4612 Integrated adult mental health crisis 2978 stabilization and addictions receiving facilities.— 2979 (1) The Agency for Health Care Administration, in 2980 consultation with the Department of Children and FamiliesFamily2981Services, may license facilities that integrate services 2982 provided in an adult mental health crisis stabilization unit 2983 with services provided in an adult addictions receiving 2984 facility. Such a facility shall be licensed by the agency as an 2985 adult crisis stabilization unit under part IV and must meet all 2986 licensure requirements for crisis stabilization units providing 2987 integrated services. 2988 Section 83. Paragraph (d) of subsection (2) of section 2989 394.4615, Florida Statutes, is amended to read: 2990 394.4615 Clinical records; confidentiality.— 2991 (2) The clinical record shall be released when: 2992 (d) The patient is committed to, or is to be returned to, 2993 the Department of Corrections from the Department of Children 2994 and FamiliesFamily Services, and the Department of Corrections 2995 requests such records. These records shall be furnished without 2996 charge to the Department of Corrections. 2997 Section 84. Section 394.46715, Florida Statutes, is amended 2998 to read: 2999 394.46715 Rulemaking authority.—The Department of Children 3000 and FamiliesFamily Servicesshall have rulemaking authority to 3001 implement the provisions of ss. 394.455, 394.4598, 394.4615, 3002 394.463, 394.4655, and 394.467 as amended or created by this 3003 act. These rules shall be for the purpose of protecting the 3004 health, safety, and well-being of persons examined, treated, or 3005 placed under this act. 3006 Section 85. Paragraph (b) of subsection (1) of section 3007 394.4781, Florida Statutes, is amended to read: 3008 394.4781 Residential care for psychotic and emotionally 3009 disturbed children.— 3010 (1) DEFINITIONS.—As used in this section: 3011 (b) “Department” means the Department of Children and 3012 FamiliesFamily Services. 3013 Section 86. Subsection (1) of section 394.47865, Florida 3014 Statutes, is amended to read: 3015 394.47865 South Florida State Hospital; privatization.— 3016 (1) The Department of Children and FamiliesFamily Services3017 shall, through a request for proposals, privatize South Florida 3018 State Hospital. The department shall plan to begin 3019 implementation of this privatization initiative by July 1, 1998. 3020 (a) Notwithstanding s. 287.057(13), the department may 3021 enter into agreements, not to exceed 20 years, with a private 3022 provider, a coalition of providers, or another agency to 3023 finance, design, and construct a treatment facility having up to 3024 350 beds and to operate all aspects of daily operations within 3025 the facility. The department may subcontract any or all 3026 components of this procurement to a statutorily established 3027 state governmental entity that has successfully contracted with 3028 private companies for designing, financing, acquiring, leasing, 3029 constructing, and operating major privatized state facilities. 3030 (b) The selected contractor is authorized to sponsor the 3031 issuance of tax-exempt bonds, certificates of participation, or 3032 other securities to finance the project, and the state is 3033 authorized to enter into a lease-purchase agreement for the 3034 treatment facility. 3035 Section 87. Section 394.480, Florida Statutes, is amended 3036 to read: 3037 394.480 Compact administrator.—Pursuant to said compact, 3038 the Secretary of Children and FamiliesFamily Servicesshall be 3039 the compact administrator who, acting jointly with like officers 3040 of other party states, shall have power to promulgate rules and 3041 regulations to carry out more effectively the terms of the 3042 compact. The compact administrator is hereby authorized, 3043 empowered, and directed to cooperate with all departments, 3044 agencies, and officers of and in the government of this state 3045 and its subdivisions in facilitating the proper administration 3046 of the compact of any supplementary agreement or agreements 3047 entered into by this state thereunder. 3048 Section 88. Subsection (8) of section 394.492, Florida 3049 Statutes, is amended to read: 3050 394.492 Definitions.—As used in ss. 394.490-394.497, the 3051 term: 3052 (8) “Department” means the Department of Children and 3053 FamiliesFamily Services. 3054 Section 89. Subsection (1) of section 394.493, Florida 3055 Statutes, is amended to read: 3056 394.493 Target populations for child and adolescent mental 3057 health services funded through the department.— 3058 (1) The child and adolescent mental health system of care 3059 funded through the Department of Children and FamiliesFamily3060Servicesshall serve, to the extent that resources are 3061 available, the following groups of children and adolescents who 3062 reside with their parents or legal guardians or who are placed 3063 in state custody: 3064 (a) Children and adolescents who are experiencing an acute 3065 mental or emotional crisis. 3066 (b) Children and adolescents who have a serious emotional 3067 disturbance or mental illness. 3068 (c) Children and adolescents who have an emotional 3069 disturbance. 3070 (d) Children and adolescents who are at risk of emotional 3071 disturbance. 3072 Section 90. Subsection (1) of section 394.4985, Florida 3073 Statutes, is amended to read: 3074 394.4985 Districtwide information and referral network; 3075 implementation.— 3076 (1) Each service district of the Department of Children and 3077 FamiliesFamily Servicesshall develop a detailed implementation 3078 plan for a districtwide comprehensive child and adolescent 3079 mental health information and referral network to be operational 3080 by July 1, 1999. The plan must include an operating budget that 3081 demonstrates cost efficiencies and identifies funding sources 3082 for the district information and referral network. The district 3083 shall use existing district information and referral providers 3084 if, in the development of the plan, it is concluded that these 3085 providers would deliver information and referral services in a 3086 more efficient and effective manner when compared to other 3087 alternatives. The district information and referral network must 3088 include: 3089 (a) A resource file that contains information about the 3090 child and adolescent mental health services as described in s. 3091 394.495, including, but not limited to: 3092 1. Type of program; 3093 2. Hours of service; 3094 3. Ages of persons served; 3095 4. Program description; 3096 5. Eligibility requirements; and 3097 6. Fees. 3098 (b) Information about private providers and professionals 3099 in the community who serve children and adolescents with an 3100 emotional disturbance. 3101 (c) A system to document requests for services which are 3102 received through the network referral process, including, but 3103 not limited to: 3104 1. Number of calls by type of service requested; 3105 2. Ages of the children and adolescents for whom services 3106 are requested; and 3107 3. Type of referral made by the network. 3108 (d) The ability to share client information with the 3109 appropriate community agencies. 3110 Section 91. Subsection (1) of section 394.499, Florida 3111 Statutes, is amended to read: 3112 394.499 Integrated children’s crisis stabilization 3113 unit/juvenile addictions receiving facility services.— 3114 (1) Beginning July 1, 2001, the Department of Children and 3115 FamiliesFamily Services, in consultation with the Agency for 3116 Health Care Administration, is authorized to establish 3117 children’s behavioral crisis unit demonstration models in 3118 Collier, Lee, and Sarasota Counties. As a result of the 3119 recommendations regarding expansion of the demonstration models 3120 contained in the evaluation report of December 31, 2003, the 3121 department, in cooperation with the agency, may expand the 3122 demonstration models to other areas in the state after July 1, 3123 2005. The children’s behavioral crisis unit demonstration models 3124 will integrate children’s mental health crisis stabilization 3125 units with substance abuse juvenile addictions receiving 3126 facility services, to provide emergency mental health and 3127 substance abuse services that are integrated within facilities 3128 licensed and designated by the agency for children under 18 3129 years of age who meet criteria for admission or examination 3130 under this section. The services shall be designated as 3131 “integrated children’s crisis stabilization unit/juvenile 3132 addictions receiving facility services,” shall be licensed by 3133 the agency as children’s crisis stabilization units, and shall 3134 meet all licensure requirements for crisis stabilization units. 3135 The department, in cooperation with the agency, shall develop 3136 standards that address eligibility criteria; clinical 3137 procedures; staffing requirements; operational, administrative, 3138 and financing requirements; and investigation of complaints for 3139 such integrated facility services. Standards that are 3140 implemented specific to substance abuse services shall meet or 3141 exceed existing standards for addictions receiving facilities. 3142 Section 92. Subsection (1), paragraph (a) of subsection 3143 (2), and subsection (4) of section 394.656, Florida Statutes, 3144 are amended to read: 3145 394.656 Criminal Justice, Mental Health, and Substance 3146 Abuse Reinvestment Grant Program.— 3147 (1) There is created within the Department of Children and 3148 FamiliesFamily Servicesthe Criminal Justice, Mental Health, 3149 and Substance Abuse Reinvestment Grant Program. The purpose of 3150 the program is to provide funding to counties with which they 3151 can plan, implement, or expand initiatives that increase public 3152 safety, avert increased spending on criminal justice, and 3153 improve the accessibility and effectiveness of treatment 3154 services for adults and juveniles who have a mental illness, 3155 substance abuse disorder, or co-occurring mental health and 3156 substance abuse disorders and who are in, or at risk of 3157 entering, the criminal or juvenile justice systems. 3158 (2) The department shall establish a Criminal Justice, 3159 Mental Health, and Substance Abuse Statewide Grant Review 3160 Committee. The committee shall include: 3161 (a) One representative of the Department of Children and 3162 FamiliesFamily Services; 3163 3164 To the extent possible, the members of the committee shall have 3165 expertise in grant writing, grant reviewing, and grant 3166 application scoring. 3167 (4) The grant review committee shall notify the Department 3168 of Children and FamiliesFamily Servicesin writing of the names 3169 of the applicants who have been selected by the committee to 3170 receive a grant. Contingent upon the availability of funds and 3171 upon notification by the review committee of those applicants 3172 approved to receive planning, implementation, or expansion 3173 grants, the Department of Children and FamiliesFamily Services3174 may transfer funds appropriated for the grant program to any 3175 county awarded a grant. 3176 Section 93. Paragraph (a) of subsection (2) of section 3177 394.657, Florida Statutes, is amended to read: 3178 394.657 County planning councils or committees.— 3179 (2)(a) For the purposes of this section, the membership of 3180 a designated planning council or committee must include: 3181 1. The state attorney, or an assistant state attorney 3182 designated by the state attorney. 3183 2. A public defender, or an assistant public defender 3184 designated by the public defender. 3185 3. A circuit judge designated by the chief judge of the 3186 circuit. 3187 4. A county court judge designated by the chief judge of 3188 the circuit. 3189 5. The chief correctional officer. 3190 6. The sheriff, if the sheriff is the chief correctional 3191 officer, or a person designated by the sheriff. 3192 7. The police chief, or a person designated by the local 3193 police chiefs association. 3194 8. The state probation circuit administrator, or a person 3195 designated by the state probation circuit administrator. 3196 9. The local court administrator, or a person designated by 3197 the local court administrator. 3198 10. The chairperson of the board of county commissioners, 3199 or another county commissioner designated by the chairperson, 3200 or, if the planning council is a consortium of counties, a 3201 county commissioner or designee from each member county. 3202 11. The director of any county probation or pretrial 3203 intervention program, if the county has such a program. 3204 12. The director of a local substance abuse treatment 3205 program, or a person designated by the director. 3206 13. The director of a community mental health agency, or a 3207 person designated by the director. 3208 14. A representative of the substance abuse program office 3209 and the mental health program office of the Department of 3210 Children and FamiliesFamily Services, selected by the substance 3211 abuse and mental health program supervisor of the district in 3212 which the county is located. 3213 15. A primary consumer of mental health services, selected 3214 by the substance abuse and mental health program supervisor of 3215 the district in which the primary consumer resides. If multiple 3216 counties apply together, a primary consumer may be selected to 3217 represent each county. 3218 16. A primary consumer of substance abuse services, 3219 selected by the substance abuse and mental health program 3220 supervisor of the district in which the primary consumer 3221 resides. If the planning council is a consortium of counties, a 3222 primary consumer may be selected to represent each county. 3223 17. A family member of a primary consumer of community 3224 based treatment services, selected by the abuse and mental 3225 health program supervisor of the district in which the family 3226 member resides. 3227 18. A representative from an area homeless program or a 3228 supportive housing program. 3229 19. The director of the detention facility of the 3230 Department of Juvenile Justice, or a person designated by the 3231 director. 3232 20. The chief probation officer of the Department of 3233 Juvenile Justice, or an employee designated by the chief 3234 probation officer. 3235 Section 94. Subsection (1) of section 394.658, Florida 3236 Statutes, is amended to read: 3237 394.658 Criminal Justice, Mental Health, and Substance 3238 Abuse Reinvestment Grant Program requirements.— 3239 (1) The Criminal Justice, Mental Health, and Substance 3240 Abuse Statewide Grant Review Committee, in collaboration with 3241 the Department of Children and FamiliesFamily Services, the 3242 Department of Corrections, the Department of Juvenile Justice, 3243 the Department of Elderly Affairs, and the Office of the State 3244 Courts Administrator, shall establish criteria to be used to 3245 review submitted applications and to select the county that will 3246 be awarded a 1-year planning grant or a 3-year implementation or 3247 expansion grant. A planning, implementation, or expansion grant 3248 may not be awarded unless the application of the county meets 3249 the established criteria. 3250 (a) The application criteria for a 1-year planning grant 3251 must include a requirement that the applicant county or counties 3252 have a strategic plan to initiate systemic change to identify 3253 and treat individuals who have a mental illness, substance abuse 3254 disorder, or co-occurring mental health and substance abuse 3255 disorders who are in, or at risk of entering, the criminal or 3256 juvenile justice systems. The 1-year planning grant must be used 3257 to develop effective collaboration efforts among participants in 3258 affected governmental agencies, including the criminal, 3259 juvenile, and civil justice systems, mental health and substance 3260 abuse treatment service providers, transportation programs, and 3261 housing assistance programs. The collaboration efforts shall be 3262 the basis for developing a problem-solving model and strategic 3263 plan for treating adults and juveniles who are in, or at risk of 3264 entering, the criminal or juvenile justice system and doing so 3265 at the earliest point of contact, taking into consideration 3266 public safety. The planning grant shall include strategies to 3267 divert individuals from judicial commitment to community-based 3268 service programs offered by the Department of Children and 3269 FamiliesFamily Servicesin accordance with ss. 916.13 and 3270 916.17. 3271 (b) The application criteria for a 3-year implementation or 3272 expansion grant shall require information from a county that 3273 demonstrates its completion of a well-established collaboration 3274 plan that includes public-private partnership models and the 3275 application of evidence-based practices. The implementation or 3276 expansion grants may support programs and diversion initiatives 3277 that include, but need not be limited to: 3278 1. Mental health courts; 3279 2. Diversion programs; 3280 3. Alternative prosecution and sentencing programs; 3281 4. Crisis intervention teams; 3282 5. Treatment accountability services; 3283 6. Specialized training for criminal justice, juvenile 3284 justice, and treatment services professionals; 3285 7. Service delivery of collateral services such as housing, 3286 transitional housing, and supported employment; and 3287 8. Reentry services to create or expand mental health and 3288 substance abuse services and supports for affected persons. 3289 (c) Each county application must include the following 3290 information: 3291 1. An analysis of the current population of the jail and 3292 juvenile detention center in the county, which includes: 3293 a. The screening and assessment process that the county 3294 uses to identify an adult or juvenile who has a mental illness, 3295 substance abuse disorder, or co-occurring mental health and 3296 substance abuse disorders; 3297 b. The percentage of each category of persons admitted to 3298 the jail and juvenile detention center that represents people 3299 who have a mental illness, substance abuse disorder, or co 3300 occurring mental health and substance abuse disorders; and 3301 c. An analysis of observed contributing factors that affect 3302 population trends in the county jail and juvenile detention 3303 center. 3304 2. A description of the strategies the county intends to 3305 use to serve one or more clearly defined subsets of the 3306 population of the jail and juvenile detention center who have a 3307 mental illness or to serve those at risk of arrest and 3308 incarceration. The proposed strategies may include identifying 3309 the population designated to receive the new interventions, a 3310 description of the services and supervision methods to be 3311 applied to that population, and the goals and measurable 3312 objectives of the new interventions. The interventions a county 3313 may use with the target population may include, but are not 3314 limited to: 3315 a. Specialized responses by law enforcement agencies; 3316 b. Centralized receiving facilities for individuals 3317 evidencing behavioral difficulties; 3318 c. Postbooking alternatives to incarceration; 3319 d. New court programs, including pretrial services and 3320 specialized dockets; 3321 e. Specialized diversion programs; 3322 f. Intensified transition services that are directed to the 3323 designated populations while they are in jail or juvenile 3324 detention to facilitate their transition to the community; 3325 g. Specialized probation processes; 3326 h. Day-reporting centers; 3327 i. Linkages to community-based, evidence-based treatment 3328 programs for adults and juveniles who have mental illness or 3329 substance abuse disorders; and 3330 j. Community services and programs designed to prevent 3331 high-risk populations from becoming involved in the criminal or 3332 juvenile justice system. 3333 3. The projected effect the proposed initiatives will have 3334 on the population and the budget of the jail and juvenile 3335 detention center. The information must include: 3336 a. The county’s estimate of how the initiative will reduce 3337 the expenditures associated with the incarceration of adults and 3338 the detention of juveniles who have a mental illness; 3339 b. The methodology that the county intends to use to 3340 measure the defined outcomes and the corresponding savings or 3341 averted costs; 3342 c. The county’s estimate of how the cost savings or averted 3343 costs will sustain or expand the mental health and substance 3344 abuse treatment services and supports needed in the community; 3345 and 3346 d. How the county’s proposed initiative will reduce the 3347 number of individuals judicially committed to a state mental 3348 health treatment facility. 3349 4. The proposed strategies that the county intends to use 3350 to preserve and enhance its community mental health and 3351 substance abuse system, which serves as the local behavioral 3352 health safety net for low-income and uninsured individuals. 3353 5. The proposed strategies that the county intends to use 3354 to continue the implemented or expanded programs and initiatives 3355 that have resulted from the grant funding. 3356 Section 95. Subsections (6) and (12) of section 394.66, 3357 Florida Statutes, are amended to read: 3358 394.66 Legislative intent with respect to substance abuse 3359 and mental health services.—It is the intent of the Legislature 3360 to: 3361 (6) Ensure that all activities of the Department of 3362 Children and FamiliesFamily Servicesand the Agency for Health 3363 Care Administration, and their respective contract providers, 3364 involved in the delivery of substance abuse and mental health 3365 treatment and prevention services are coordinated and integrated 3366 with other local systems and groups, public and private, such as 3367 juvenile justice, criminal justice, child protection, and public 3368 health organizations; school districts; and local groups or 3369 organizations that focus on services to older adults. 3370 (12) Include substance abuse and mental health services as 3371 a component of the integrated service delivery system of the 3372 Department of Children and FamiliesFamily Services. 3373 Section 96. Subsections (5), (7), and (20) of section 3374 394.67, Florida Statutes, are amended to read: 3375 394.67 Definitions.—As used in this part, the term: 3376 (5) “Department” means the Department of Children and 3377 FamiliesFamily Services. 3378 (7) “District administrator” means the person appointed by 3379 the Secretary of Children and FamiliesFamily Servicesfor the 3380 purpose of administering a department service district as set 3381 forth in s. 20.19. 3382 (20) “Program office” means the Mental Health Program 3383 Office of the Department of Children and FamiliesFamily3384Services. 3385 Section 97. Section 394.745, Florida Statutes, is amended 3386 to read: 3387 394.745 Annual report; compliance of providers under 3388 contract with department.—By November 1 of each year, the 3389 Department of Children and FamiliesFamily Servicesshall submit 3390 a report to the President of the Senate and the Speaker of the 3391 House of Representatives which describes the compliance of 3392 providers that provide substance abuse treatment programs and 3393 mental health services under contract with the Department of 3394 Children and FamiliesFamily Services. The report must describe 3395 the status of compliance with the annual performance outcome 3396 standards established by the Legislature and must address the 3397 providers that meet or exceed performance standards, the 3398 providers that did not achieve performance standards for which 3399 corrective action measures were developed, and the providers 3400 whose contracts were terminated due to failure to meet the 3401 requirements of the corrective plan. 3402 Section 98. Paragraph (b) of subsection (1) of section 3403 394.75, Florida Statutes, is amended to read: 3404 394.75 State and district substance abuse and mental health 3405 plans.— 3406 (1) 3407 (b) The initial plan must include an assessment of the 3408 clinical practice guidelines and standards for community-based 3409 mental health and substance abuse services delivered by persons 3410 or agencies under contract with the Department of Children and 3411 FamiliesFamily Services. The assessment must include an 3412 inventory of current clinical guidelines and standards used by 3413 persons and agencies under contract with the department, and by 3414 nationally recognized accreditation organizations, to address 3415 the quality of care and must specify additional clinical 3416 practice standards and guidelines for new or existing services 3417 and programs. 3418 Section 99. Paragraph (a) of subsection (1) of section 3419 394.78, Florida Statutes, is amended to read: 3420 394.78 Operation and administration; personnel standards; 3421 procedures for audit and monitoring of service providers; 3422 resolution of disputes.— 3423 (1)(a) The Department of Children and FamiliesFamily3424Servicesshall administer this part and shall adopt rules 3425 necessary for its administration. In addition to other 3426 rulemaking authority, the department may adopt financial rules 3427 relating to conflicts of interest; related party transactions; 3428 full disclosure of revenue funds and expenses; charts of 3429 accounts for state reporting; auditing; penalties for 3430 nonperformance; benefit packages; performance outcomes, 3431 including client satisfaction and functional assessments; 3432 nonpayment and suspended payments for failure to timely submit 3433 required client service reports; and client financial 3434 eligibility requirements. 3435 Section 100. Subsection (1) of section 394.9084, Florida 3436 Statutes, is amended to read: 3437 394.9084 Florida Self-Directed Care program.— 3438 (1) The Department of Children and FamiliesFamily3439Services, in cooperation with the Agency for Health Care 3440 Administration, may provide a client-directed and choice-based 3441 Florida Self-Directed Care program in all department service 3442 districts, in addition to the pilot projects established in 3443 district 4 and district 8, to provide mental health treatment 3444 and support services to adults who have a serious mental 3445 illness. The department may also develop and implement a client 3446 directed and choice-based pilot project in one district to 3447 provide mental health treatment and support services for 3448 children with a serious emotional disturbance who live at home. 3449 If established, any staff who work with children must be 3450 screened under s. 435.04. The department shall implement a 3451 payment mechanism in which each client controls the money that 3452 is available for that client’s mental health treatment and 3453 support services. The department shall establish interagency 3454 cooperative agreements and work with the agency, the Division of 3455 Vocational Rehabilitation, and the Social Security 3456 Administration to implement and administer the Florida Self 3457 Directed Care program. 3458 Section 101. Subsections (1), (3), (7), and (11) of section 3459 394.912, Florida Statutes, are amended to read: 3460 394.912 Definitions.—As used in this part, the term: 3461 (1) “Agency with jurisdiction” means the agency that 3462 releases, upon lawful order or authority, a person who is 3463 serving a sentence in the custody of the Department of 3464 Corrections, a person who was adjudicated delinquent and is 3465 committed to the custody of the Department of Juvenile Justice, 3466 or a person who was involuntarily committed to the custody of 3467 the Department of Children and FamiliesFamily Servicesupon an 3468 adjudication of not guilty by reason of insanity. 3469 (3) “Department” means the Department of Children and 3470 FamiliesFamily Services. 3471 (7) “Secretary” means the secretary of the Department of 3472 Children and FamiliesFamily Services. 3473 (11) “Total confinement” means that the person is currently 3474 being held in any physically secure facility being operated or 3475 contractually operated for the Department of Corrections, the 3476 Department of Juvenile Justice, or the Department of Children 3477 and FamiliesFamily Services. A person shall also be deemed to 3478 be in total confinement for applicability of provisions under 3479 this part if the person is serving an incarcerative sentence 3480 under the custody of the Department of Corrections or the 3481 Department of Juvenile Justice and is being held in any other 3482 secure facility for any reason. 3483 Section 102. Paragraph (e) of subsection (3) of section 3484 394.913, Florida Statutes, is amended to read: 3485 394.913 Notice to state attorney and multidisciplinary team 3486 of release of sexually violent predator; establishing 3487 multidisciplinary teams; information to be provided to 3488 multidisciplinary teams.— 3489 (3) 3490 (e)1. Within 180 days after receiving notice, there shall 3491 be a written assessment as to whether the person meets the 3492 definition of a sexually violent predator and a written 3493 recommendation, which shall be provided to the state attorney. 3494 The written recommendation shall be provided by the Department 3495 of Children and FamiliesFamily Servicesand shall include the 3496 written report of the multidisciplinary team. 3497 2. Notwithstanding subparagraph 1., in the case of a person 3498 for whom the written assessment and recommendation has not been 3499 completed at least 365 days before his or her release from total 3500 confinement, the department shall prioritize the assessment of 3501 that person based upon the person’s release date. 3502 Section 103. Subsection (1) of section 394.9135, Florida 3503 Statutes, is amended to read: 3504 394.9135 Immediate releases from total confinement; 3505 transfer of person to department; time limitations on 3506 assessment, notification, and filing petition to hold in 3507 custody; filing petition after release.— 3508 (1) If the anticipated release from total confinement of a 3509 person who has been convicted of a sexually violent offense 3510 becomes immediate for any reason, the agency with jurisdiction 3511 shall upon immediate release from total confinement transfer 3512 that person to the custody of the Department of Children and 3513 FamiliesFamily Servicesto be held in an appropriate secure 3514 facility. 3515 Section 104. Section 394.9151, Florida Statutes, is amended 3516 to read: 3517 394.9151 Contract authority.—The Department of Children and 3518 FamiliesFamily Servicesmay contract with a private entity or 3519 state agency for use of and operation of facilities to comply 3520 with the requirements of this act. The Department of Children 3521 and FamiliesFamily Servicesmay also contract with the 3522 Department of Management Services to issue a request for 3523 proposals and monitor contract compliance for these services. 3524 Section 105. Subsection (2) of section 394.917, Florida 3525 Statutes, is amended to read: 3526 394.917 Determination; commitment procedure; mistrials; 3527 housing; counsel and costs in indigent appellate cases.— 3528 (2) If the court or jury determines that the person is a 3529 sexually violent predator, upon the expiration of the 3530 incarcerative portion of all criminal sentences and disposition 3531 of any detainers, the person shall be committed to the custody 3532 of the Department of Children and FamiliesFamily Servicesfor 3533 control, care, and treatment until such time as the person’s 3534 mental abnormality or personality disorder has so changed that 3535 it is safe for the person to be at large. At all times, persons 3536 who are detained or committed under this part shall be kept in a 3537 secure facility segregated from patients of the department who 3538 are not detained or committed under this part. 3539 Section 106. Paragraph (b) of subsection (1) of section 3540 394.9215, Florida Statutes, is amended to read: 3541 394.9215 Right to habeas corpus.— 3542 (1) 3543 (b) Upon filing a legally sufficient petition stating a 3544 prima facie case under paragraph (a), the court may direct the 3545 Department of Children and FamiliesFamily Servicesto file a 3546 response. If necessary, the court may conduct an evidentiary 3547 proceeding and issue an order to correct a violation of state or 3548 federal rights found to exist by the court. A final order 3549 entered under this section may be appealed to the district court 3550 of appeal. A nonfinal order may be appealed to the extent 3551 provided by the Florida Rules of Appellate Procedure. An appeal 3552 by the department shall stay the trial court’s order until 3553 disposition of the appeal. 3554 Section 107. Section 394.929, Florida Statutes, is amended 3555 to read: 3556 394.929 Program costs.—The Department of Children and 3557 FamiliesFamily Servicesis responsible for all costs relating 3558 to the evaluation and treatment of persons committed to the 3559 department’s custody as sexually violent predators. A county is 3560 not obligated to fund costs for psychological examinations, 3561 expert witnesses, court-appointed counsel, or other costs 3562 required by this part. Other costs for psychological 3563 examinations, expert witnesses, and court-appointed counsel 3564 required by this part shall be paid from state funds 3565 appropriated by general law. 3566 Section 108. Section 394.930, Florida Statutes, is amended 3567 to read: 3568 394.930 Authority to adopt rules.—The Department of 3569 Children and FamiliesFamily Servicesshall adopt rules for: 3570 (1) Procedures that must be followed by members of the 3571 multidisciplinary teams when assessing and evaluating persons 3572 subject to this part; 3573 (2) Education and training requirements for members of the 3574 multidisciplinary teams and professionals who assess and 3575 evaluate persons under this part; 3576 (3) The criteria that must exist in order for a 3577 multidisciplinary team to recommend to a state attorney that a 3578 petition should be filed to involuntarily commit a person under 3579 this part. The criteria shall include, but are not limited to, 3580 whether: 3581 (a) The person has a propensity to engage in future acts of 3582 sexual violence; 3583 (b) The person should be placed in a secure, residential 3584 facility; and 3585 (c) The person needs long-term treatment and care. 3586 (4) The designation of secure facilities for sexually 3587 violent predators who are subject to involuntary commitment 3588 under this part; 3589 (5) The components of the basic treatment plan for all 3590 committed persons under this part; 3591 (6) The protocol to inform a person that he or she is being 3592 examined to determine whether he or she is a sexually violent 3593 predator under this part. 3594 Section 109. Section 394.931, Florida Statutes, is amended 3595 to read: 3596 394.931 Quarterly reports.—Beginning July 1, 1999, the 3597 Department of Corrections shall collect information and compile 3598 quarterly reports with statistics profiling inmates released the 3599 previous quarter who fit the criteria and were referred to the 3600 Department of Children and FamiliesFamily Servicespursuant to 3601 this act. The quarterly reports must be produced beginning 3602 October 1, 1999. At a minimum, the information that must be 3603 collected and compiled for inclusion in the reports includes: 3604 whether the qualifying offense was the current offense or the 3605 prior offense; the most serious sexual offense; the total number 3606 of distinct victims of the sexual offense; whether the victim 3607 was known to the offender; whether the sexual act was 3608 consensual; whether the sexual act involved multiple victims; 3609 whether direct violence was involved in the sexual offense; the 3610 age of each victim at the time of the offense; the age of the 3611 offender at the time of the first sexual offense; whether a 3612 weapon was used; length of time since the most recent sexual 3613 offense; and the total number of prior and current sexual 3614 offense convictions. In addition, the Department of Children and 3615 FamiliesFamily Servicesshall implement a long-term study to 3616 determine the overall efficacy of the provisions of this part. 3617 Section 110. Subsection (2) of section 395.1023, Florida 3618 Statutes, is amended to read: 3619 395.1023 Child abuse and neglect cases; duties.—Each 3620 licensed facility shall adopt a protocol that, at a minimum, 3621 requires the facility to: 3622 (2) In any case involving suspected child abuse, 3623 abandonment, or neglect, designate, at the request of the 3624 department, a staff physician to act as a liaison between the 3625 hospital and the Department of Children and FamiliesFamily3626Servicesoffice which is investigating the suspected abuse, 3627 abandonment, or neglect, and the child protection team, as 3628 defined in s. 39.01, when the case is referred to such a team. 3629 3630 Each general hospital and appropriate specialty hospital shall 3631 comply with the provisions of this section and shall notify the 3632 agency and the department of its compliance by sending a copy of 3633 its policy to the agency and the department as required by rule. 3634 The failure by a general hospital or appropriate specialty 3635 hospital to comply shall be punished by a fine not exceeding 3636 $1,000, to be fixed, imposed, and collected by the agency. Each 3637 day in violation is considered a separate offense. 3638 Section 111. Paragraph (g) of subsection (4) of section 3639 395.3025, Florida Statutes, is amended to read: 3640 395.3025 Patient and personnel records; copies; 3641 examination.— 3642 (4) Patient records are confidential and must not be 3643 disclosed without the consent of the patient or his or her legal 3644 representative, but appropriate disclosure may be made without 3645 such consent to: 3646 (g) The Department of Children and FamiliesFamily Services3647 or its agent, for the purpose of investigations of cases of 3648 abuse, neglect, or exploitation of children or vulnerable 3649 adults. 3650 Section 112. Subsection (6) of section 397.311, Florida 3651 Statutes, is amended to read: 3652 397.311 Definitions.—As used in this chapter, except part 3653 VIII, the term: 3654 (6) “Department” means the Department of Children and 3655 FamiliesFamily Services. 3656 Section 113. Paragraph (b) of subsection (1) of section 3657 397.333, Florida Statutes, is amended to read: 3658 397.333 Statewide Drug Policy Advisory Council.— 3659 (1) 3660 (b) The following state officials shall be appointed to 3661 serve on the advisory council: 3662 1. The Attorney General, or his or her designee. 3663 2. The executive director of the Department of Law 3664 Enforcement, or his or her designee. 3665 3. The Secretary of Children and FamiliesFamily Services, 3666 or his or her designee. 3667 4. The director of the Office of Planning and Budgeting in 3668 the Executive Office of the Governor, or his or her designee. 3669 5. The Secretary of Corrections, or his or her designee. 3670 6. The Secretary of Juvenile Justice, or his or her 3671 designee. 3672 7. The Commissioner of Education, or his or her designee. 3673 8. The executive director of the Department of Highway 3674 Safety and Motor Vehicles, or his or her designee. 3675 9. The Adjutant General of the state as the Chief of the 3676 Department of Military Affairs, or his or her designee. 3677 Section 114. Subsection (1) of section 397.334, Florida 3678 Statutes, is amended to read: 3679 397.334 Treatment-based drug court programs.— 3680 (1) Each county may fund a treatment-based drug court 3681 program under which persons in the justice system assessed with 3682 a substance abuse problem will be processed in such a manner as 3683 to appropriately address the severity of the identified 3684 substance abuse problem through treatment services tailored to 3685 the individual needs of the participant. It is the intent of the 3686 Legislature to encourage the Department of Corrections, the 3687 Department of Children and FamiliesFamily Services, the 3688 Department of Juvenile Justice, the Department of Health, the 3689 Department of Law Enforcement, the Department of Education, and 3690 such agencies, local governments, law enforcement agencies, 3691 other interested public or private sources, and individuals to 3692 support the creation and establishment of these problem-solving 3693 court programs. Participation in the treatment-based drug court 3694 programs does not divest any public or private agency of its 3695 responsibility for a child or adult, but enables these agencies 3696 to better meet their needs through shared responsibility and 3697 resources. 3698 Section 115. Subsection (2) of section 397.6758, Florida 3699 Statutes, is amended to read: 3700 397.6758 Release of individual from protective custody, 3701 emergency admission, involuntary assessment, involuntary 3702 treatment, and alternative involuntary assessment of a minor.—An 3703 individual involuntarily admitted to a licensed service provider 3704 may be released without further order of the court only by a 3705 qualified professional in a hospital, a detoxification facility, 3706 an addictions receiving facility, or any less restrictive 3707 treatment component. Notice of the release must be provided to 3708 the applicant in the case of an emergency admission or an 3709 alternative involuntary assessment for a minor, or to the 3710 petitioner and the court if the involuntary assessment or 3711 treatment was court ordered. In the case of a minor, the release 3712 must be: 3713 (2) To the Department of Children and FamiliesFamily3714Servicespursuant to s. 39.401; or 3715 Section 116. Subsection (3) of section 397.753, Florida 3716 Statutes, is amended to read: 3717 397.753 Definitions.—As used in this part: 3718 (3) “Inmate substance abuse services” means any service 3719 component as defined in s. 397.311 provided directly by the 3720 Department of Corrections and licensed and regulated by the 3721 Department of Children and FamiliesFamily Servicespursuant to 3722 s. 397.406, or provided through contractual arrangements with a 3723 service provider licensed pursuant to part II; or any self-help 3724 program or volunteer support group operating for inmates. 3725 Section 117. Subsection (6) of section 397.754, Florida 3726 Statutes, is amended to read: 3727 397.754 Duties and responsibilities of the Department of 3728 Corrections.—The Department of Corrections shall: 3729 (6) In cooperation with other agencies, actively seek to 3730 enhance resources for the provision of treatment services for 3731 inmates and to develop partnerships with other state agencies, 3732 including but not limited to the Departments of Children and 3733 FamiliesFamily Services, Education, Community Affairs, and Law 3734 Enforcement. 3735 Section 118. Subsection (1) of section 397.801, Florida 3736 Statutes, is amended to read: 3737 397.801 Substance abuse impairment coordination.— 3738 (1) The Department of Children and FamiliesFamily3739Services, the Department of Education, the Department of 3740 Corrections, and the Department of Law Enforcement each shall 3741 appoint a policy level staff person to serve as the agency 3742 substance abuse impairment coordinator. The responsibilities of 3743 the agency coordinator include interagency and intraagency 3744 coordination, collection and dissemination of agency-specific 3745 data relating to substance abuse impairment, and participation 3746 in the development of the state comprehensive plan for substance 3747 abuse impairment. 3748 Section 119. Paragraph (b) of subsection (3) of section 3749 397.998, Florida Statutes, is amended to read: 3750 397.998 Drug-free communities support match grants.— 3751 (3) ELIGIBLE APPLICANTS.— 3752 (b) The coalition must represent the targeted community and 3753 include at least one representative of each of the following 3754 groups: local Department of Children and FamiliesFamily3755Servicesofficial; youth; parents; business community; media; 3756 schools; organizations serving youth; law enforcement agencies; 3757 religious or fraternal organizations; civic and volunteer 3758 groups; health care professionals; other local or tribal 3759 governmental agencies with an expertise in the field of 3760 substance abuse, including, if applicable, the state authority 3761 with primary authority for substance abuse; and other 3762 organizations involved in reducing substance abuse. 3763 Section 120. Paragraph (i) of subsection (2) of section 3764 400.0065, Florida Statutes, is amended to read: 3765 400.0065 State Long-Term Care Ombudsman; duties and 3766 responsibilities.— 3767 (2) The State Long-Term Care Ombudsman shall have the duty 3768 and authority to: 3769 (i) Prepare an annual report describing the activities 3770 carried out by the office, the state council, and the local 3771 councils in the year for which the report is prepared. The 3772 ombudsman shall submit the report to the secretary at least 30 3773 days before the convening of the regular session of the 3774 Legislature. The secretary shall in turn submit the report to 3775 the United States Assistant Secretary for Aging, the Governor, 3776 the President of the Senate, the Speaker of the House of 3777 Representatives, the Secretary of Children and FamiliesFamily3778Services, and the Secretary of Health Care Administration. The 3779 report shall, at a minimum: 3780 1. Contain and analyze data collected concerning complaints 3781 about and conditions in long-term care facilities and the 3782 disposition of such complaints. 3783 2. Evaluate the problems experienced by residents. 3784 3. Analyze the successes of the ombudsman program during 3785 the preceding year, including an assessment of how successfully 3786 the program has carried out its responsibilities under the Older 3787 Americans Act. 3788 4. Provide recommendations for policy, regulatory, and 3789 statutory changes designed to solve identified problems; resolve 3790 residents’ complaints; improve residents’ lives and quality of 3791 care; protect residents’ rights, health, safety, and welfare; 3792 and remove any barriers to the optimal operation of the State 3793 Long-Term Care Ombudsman Program. 3794 5. Contain recommendations from the State Long-Term Care 3795 Ombudsman Council regarding program functions and activities and 3796 recommendations for policy, regulatory, and statutory changes 3797 designed to protect residents’ rights, health, safety, and 3798 welfare. 3799 6. Contain any relevant recommendations from the local 3800 councils regarding program functions and activities. 3801 Section 121. Paragraph (b) of subsection (4) of section 3802 400.0069, Florida Statutes, is amended to read: 3803 400.0069 Local long-term care ombudsman councils; duties; 3804 membership.— 3805 (4) Each local council shall be composed of members whose 3806 primary residence is located within the boundaries of the local 3807 council’s jurisdiction. 3808 (b) In no case shall the medical director of a long-term 3809 care facility or an employee of the agency, the department, the 3810 Department of Children and FamiliesFamily Services, or the 3811 Agency for Persons with Disabilities serve as a member or as an 3812 ex officio member of a council. 3813 Section 122. Subsection (6) of section 400.021, Florida 3814 Statutes, is amended to read: 3815 400.021 Definitions.—When used in this part, unless the 3816 context otherwise requires, the term: 3817 (6) “Department” means the Department of Children and 3818 FamiliesFamily Services. 3819 Section 123. Paragraph (c) of subsection (1) of section 3820 400.022, Florida Statutes, is amended to read: 3821 400.022 Residents’ rights.— 3822 (1) All licensees of nursing home facilities shall adopt 3823 and make public a statement of the rights and responsibilities 3824 of the residents of such facilities and shall treat such 3825 residents in accordance with the provisions of that statement. 3826 The statement shall assure each resident the following: 3827 (c) Any entity or individual that provides health, social, 3828 legal, or other services to a resident has the right to have 3829 reasonable access to the resident. The resident has the right to 3830 deny or withdraw consent to access at any time by any entity or 3831 individual. Notwithstanding the visiting policy of the facility, 3832 the following individuals must be permitted immediate access to 3833 the resident: 3834 1. Any representative of the federal or state government, 3835 including, but not limited to, representatives of the Department 3836 of Children and FamiliesFamily Services, the Department of 3837 Health, the Agency for Health Care Administration, the Office of 3838 the Attorney General, and the Department of Elderly Affairs; any 3839 law enforcement officer; members of the state or local ombudsman 3840 council; and the resident’s individual physician. 3841 2. Subject to the resident’s right to deny or withdraw 3842 consent, immediate family or other relatives of the resident. 3843 3844 The facility must allow representatives of the State Long-Term 3845 Care Ombudsman Council to examine a resident’s clinical records 3846 with the permission of the resident or the resident’s legal 3847 representative and consistent with state law. 3848 Section 124. Subsection (8) of section 400.462, Florida 3849 Statutes, is amended to read: 3850 400.462 Definitions.—As used in this part, the term: 3851 (8) “Department” means the Department of Children and 3852 FamiliesFamily Services. 3853 Section 125. Paragraph (b) of subsection (5) of section 3854 400.464, Florida Statutes, is amended to read: 3855 400.464 Home health agencies to be licensed; expiration of 3856 license; exemptions; unlawful acts; penalties.— 3857 (5) The following are exempt from the licensure 3858 requirements of this part: 3859 (b) Home health services provided by a state agency, either 3860 directly or through a contractor with: 3861 1. The Department of Elderly Affairs. 3862 2. The Department of Health, a community health center, or 3863 a rural health network that furnishes home visits for the 3864 purpose of providing environmental assessments, case management, 3865 health education, personal care services, family planning, or 3866 followup treatment, or for the purpose of monitoring and 3867 tracking disease. 3868 3. Services provided to persons with developmental 3869 disabilities, as defined in s. 393.063. 3870 4. Companion and sitter organizations that were registered 3871 under s. 400.509(1) on January 1, 1999, and were authorized to 3872 provide personal services under a developmental services 3873 provider certificate on January 1, 1999, may continue to provide 3874 such services to past, present, and future clients of the 3875 organization who need such services, notwithstanding the 3876 provisions of this act. 3877 5. The Department of Children and FamiliesFamily Services. 3878 Section 126. Subsection (4) of section 400.925, Florida 3879 Statutes, is amended to read: 3880 400.925 Definitions.—As used in this part, the term: 3881 (4) “Department” means the Department of Children and 3882 FamiliesFamily Services. 3883 Section 127. Section 402.04, Florida Statutes, is amended 3884 to read: 3885 402.04 Award of scholarships and stipends; disbursement of 3886 funds; administration.—The award of scholarships or stipends 3887 provided for herein shall be made by the Department of Children 3888 and FamiliesFamily Services, hereinafter referred to as the 3889 department. The department shall handle the administration of 3890 the scholarship or stipend and the Department of Education 3891 shall, for and on behalf of the department, handle the notes 3892 issued for the payment of the scholarships or stipends provided 3893 for herein and the collection of same. The department shall 3894 prescribe regulations governing the payment of scholarships or 3895 stipends to the school, college, or university for the benefit 3896 of the scholarship or stipend holders. All scholarship awards, 3897 expenses and costs of administration shall be paid from moneys 3898 appropriated by the Legislature and shall be paid upon vouchers 3899 approved by the department and properly certified by the Chief 3900 Financial Officer. 3901 Section 128. Section 402.06, Florida Statutes, is amended 3902 to read: 3903 402.06 Notes required of scholarship holders.—Each person 3904 who receives a scholarship or stipend as provided for in this 3905 chapter shall execute a promissory note under seal, on forms to 3906 be prescribed by the Department of Education, which shall be 3907 endorsed by his or her parent or guardian or, if the person is 3908 18 years of age or older, by some responsible citizen and shall 3909 deliver said note to the Department of Children and Families 3910Family Services. Each note shall be payable to the state and 3911 shall bear interest at the rate of 5 percent per annum beginning 3912 90 days after completion or termination of the training program. 3913 Said note shall provide for all costs of collection to be paid 3914 by the maker of the note. Said note shall be delivered by the 3915 Department of Children and FamiliesFamily Servicesto said 3916 Department of Education for collection and final disposition. 3917 Section 129. Subsection (7) of section 402.07, Florida 3918 Statutes, is amended to read: 3919 402.07 Payment of notes.—Prior to the award of a 3920 scholarship or stipend provided herein for trainees in 3921 psychiatric social work, psychiatry, clinical psychology, or 3922 psychiatric nursing, the recipient thereof must agree in writing 3923 to practice his or her profession in the employ of any one of 3924 the following institutions or agencies for 1 month for each 3925 month of grant immediately after graduation or, in lieu thereof, 3926 to repay the full amount of the scholarship or stipend together 3927 with interest at the rate of 5 percent per annum over a period 3928 not to exceed 10 years: 3929 (7) Such other accredited social agencies or state 3930 institutions as may be approved by the Department of Children 3931 and FamiliesFamily Services. 3932 Section 130. Section 402.115, Florida Statutes, is amended 3933 to read: 3934 402.115 Sharing confidential or exempt information. 3935 Notwithstanding any other provision of law to the contrary, the 3936 Department of Health, the Department of Children and Families 3937Family Services, and the Agency for Persons with Disabilities 3938 may share confidential information or information exempt from 3939 disclosure under chapter 119 on any individual who is or has 3940 been the subject of a program within the jurisdiction of each 3941 agency. Information so exchanged remains confidential or exempt 3942 as provided by law. 3943 Section 131. Section 402.12, Florida Statutes, is amended 3944 to read: 3945 402.12 National Community Mental Health Centers Act.—Any 3946 federal funds accruing to the state for the purposes of carrying 3947 out the national Community Mental Health Centers Act of 1963 3948 shall be paid to the Department of Children and FamiliesFamily3949Servicesfor expenditure as directed by said department. 3950 Section 132. Section 402.16, Florida Statutes, is amended 3951 to read: 3952 402.16 Proceedings by department.— 3953 (1) Whenever it becomes necessary for the welfare and 3954 convenience of any of the institutions now under the supervision 3955 and control of the Department of Children and FamiliesFamily3956Services, or which may hereafter be placed under the supervision 3957 and control of said department, to acquire private property for 3958 the use of any of said institutions, and the same cannot be 3959 acquired by agreement satisfactory to the said department and 3960 the parties interested in, or the owners of said private 3961 property, the department is hereby empowered and authorized to 3962 exercise the right of eminent domain, and to proceed to condemn 3963 the said property in the same manner as provided by law for the 3964 condemnation of property. 3965 (2) Any suit or actions brought by the said department to 3966 condemn property as provided in this section shall be brought in 3967 the name of the Department of Children and FamiliesFamily3968Services, and it shall be the duty of the Department of Legal 3969 Affairs to conduct the proceedings for, and to act as counsel 3970 for the said Department of Children and FamiliesFamily3971Services. 3972 Section 133. Section 402.161, Florida Statutes, is amended 3973 to read: 3974 402.161 Authorization for sale of property.— 3975 (1) The Department of Children and FamiliesFamily Services3976 is authorized to sell any real or personal property that it 3977 acquired by way of donation, gift, contribution, bequest, or 3978 devise from any person, persons, or organizations when such real 3979 or personal property is determined by the department not to be 3980 necessary for use in connection with the work of the department. 3981 All proceeds derived from the sale of such property shall be 3982 transmitted to the State Treasury to be credited to the 3983 department. 3984 (2) The Department of Children and FamiliesFamily Services3985 is authorized to use for its purposes any moneys realized from 3986 the sale of any such real or personal property. It is expressly 3987 declared to be the intention of the Legislature that such moneys 3988 are appropriated to the department and may be used by it for its 3989 purposes. However, such moneys shall be withdrawn in accordance 3990 with law. Such moneys are appropriated to the use of the 3991 department in addition to other funds which have been or may 3992 otherwise be appropriated for its purposes. 3993 Section 134. Paragraph (b) of subsection (2) of section 3994 402.164, Florida Statutes, is amended to read: 3995 402.164 Legislative intent; definitions.— 3996 (2) As used in this section through s. 402.167, the term: 3997 (b) “Client” means a client of the Agency for Persons with 3998 Disabilities, the Agency for Health Care Administration, the 3999 Department of Children and FamiliesFamily Services, or the 4000 Department of Elderly Affairs, as defined in s. 393.063, s. 4001 394.67, s. 397.311, or s. 400.960, a forensic client or client 4002 as defined in s. 916.106, a child or youth as defined in s. 4003 39.01, a child as defined in s. 827.01, a family as defined in 4004 s. 414.0252, a participant as defined in s. 429.901, a resident 4005 as defined in s. 429.02, a Medicaid recipient or recipient as 4006 defined in s. 409.901, a child receiving child care as defined 4007 in s. 402.302, a disabled adult as defined in s. 410.032 or s. 4008 410.603, or a victim as defined in s. 39.01 or s. 415.102 as 4009 each definition applies within its respective chapter. 4010 Section 135. Section 402.17, Florida Statutes, is amended 4011 to read: 4012 402.17 Claims for care and maintenance; trust property.—The 4013 Department of Children and FamiliesFamily Servicesand the 4014 Agency for Persons with Disabilities shall protect the financial 4015 interest of the state with respect to claims that the state may 4016 have for the care and maintenance of clients of the department 4017 or agency. The department or agency shall, as trustee, hold in 4018 trust and administer money and property designated for the 4019 personal benefit of clients. The department or agency shall act 4020 as trustee of clients’ money and property entrusted to it in 4021 accordance with the usual fiduciary standards applicable 4022 generally to trustees, and shall act to protect both the short 4023 term and long-term interests of the clients for whose benefit it 4024 is holding such money and property. 4025 (1) CLAIMS FOR CARE AND MAINTENANCE.— 4026 (a) The department or agency shall perform the following 4027 acts: 4028 1. Receive and supervise the collection of sums due the 4029 state. 4030 2. Bring any court action necessary to collect any claim 4031 the state may have against any client, former client, guardian 4032 of any client or former client, executor or administrator of the 4033 client’s estate, or any person against whom any client or former 4034 client may have a claim. 4035 3. Obtain a copy of any inventory or appraisal of the 4036 client’s property filed with any court. 4037 4. Obtain from the department’s Economic Self-Sufficiency 4038 Services Program Office a financial status report on any client 4039 or former client, including the ability of third parties 4040 responsible for such client to pay all or part of the cost of 4041 the client’s care and maintenance. 4042 5. Petition the court for appointment of a guardian or 4043 administrator for an otherwise unrepresented client or former 4044 client should the financial status report or other information 4045 indicate the need for such action. The cost of any such action 4046 shall be charged against the assets or estate of the client. 4047 6. Represent the interest of the state in any litigation in 4048 which a client or former client is a party. 4049 7. File claims with any person, firm, or corporation or 4050 with any federal, state, county, district, or municipal agency 4051 on behalf of an unrepresented client. 4052 8. Represent the state in the settlement of the estates of 4053 deceased clients or in the settlement of estates in which a 4054 client or a former client against whom the state may have a 4055 claim has a financial interest. 4056 9. Establish procedures by rule for the use of amounts held 4057 in trust for the client to pay for the cost of care and 4058 maintenance, if such amounts would otherwise cause the client to 4059 become ineligible for services which are in the client’s best 4060 interests. 4061 (b) The department or agency may charge off accounts if it 4062 certifies that the accounts are uncollectible after diligent 4063 efforts have been made to collect them. If the department 4064 certifies an account to the Department of Financial Services, 4065 setting forth the circumstances upon which it predicates the 4066 uncollectibility, and if, pursuant to s. 17.04, the Department 4067 of Financial Services concurs, the account shall be charged off. 4068 (2) MONEY OR OTHER PROPERTY RECEIVED FOR PERSONAL USE OR 4069 BENEFIT OF ANY CLIENT.—The department or agency shall perform 4070 the following acts: 4071 (a) Accept and administer in trust, as a trustee having a 4072 fiduciary responsibility to a client, any money or other 4073 property received for personal use or benefit of that client. In 4074 the case of children in the legal custody of the department, 4075 following the termination of the parental rights, until the 4076 child leaves the legal custody of the department due to adoption 4077 or attaining the age of 18 or, in the case of children who are 4078 otherwise in the custody of the department, the court having 4079 jurisdiction over such child shall have jurisdiction, upon 4080 application of the department or other interested party, to 4081 review or approve any extraordinary action of the department 4082 acting as trustee as to the child’s money or other property. 4083 When directed by a court of competent jurisdiction, the 4084 department may further hold money or property of a child who has 4085 been in the care, custody, or control of the department and who 4086 is the subject of a court proceeding during the pendency of that 4087 proceeding. 4088 (b) Deposit the money in banks qualified as state 4089 depositories, or in any bank, credit union, or savings and loan 4090 association authorized to do business in this state, provided 4091 moneys so deposited or held by such institutions are fully 4092 insured by a federal depository or share insurance program, or 4093 an approved state depository or share insurance program, and are 4094 available on demand. 4095 (c) Withdraw the money and use it to meet current needs of 4096 clients. For purposes of this paragraph, “current needs” 4097 includes payment of fees assessed under s. 402.33. The amount of 4098 money withdrawn shall take into account the need of the 4099 department or agency, as the trustee of a client’s money and 4100 property, to provide for the long-term needs of a client, 4101 including, but not limited to, ensuring that a client under the 4102 age of 18 will have sufficient financial resources available to 4103 be able to function as an adult upon reaching the age of 18, 4104 meeting the special needs of a client who has a disability and 4105 whose special needs cannot otherwise be met by any form of 4106 public assistance or family resources, or maintaining the 4107 client’s eligibility for public assistance, including medical 4108 assistance, under state or federal law. 4109 (d) As trustee, invest in the manner authorized by law for 4110 fiduciaries money not used for current needs of clients. Such 4111 investments may include, but shall not be limited to, 4112 investments in savings share accounts of any credit union 4113 chartered under the laws of the United States and doing business 4114 in this state, and savings share accounts of any credit union 4115 chartered under the laws of this state, provided the credit 4116 union is insured under the federal share insurance program or an 4117 approved state share insurance program. 4118 (3) DEPOSIT OF FUNDS RECEIVED.—Funds received by the 4119 Department of Children and FamiliesFamily Servicesin 4120 accordance with s. 402.33 shall be deposited into a trust fund 4121 for the operation of the department. 4122 (4) DISPOSITION OF UNCLAIMED TRUST FUNDS.—Upon the death of 4123 any client affected by the provisions of this section, any 4124 unclaimed money held in trust by the department, the agency, or 4125 by the Chief Financial Officer for the child shall be applied 4126 first to the payment of any unpaid claim of the state against 4127 the client, and any balance remaining unclaimed for a period of 4128 1 year shall escheat to the state as unclaimed funds held by 4129 fiduciaries. 4130 (5) LEGAL REPRESENTATION.—To the extent that the budget 4131 will permit, the Department of Legal Affairs shall furnish the 4132 legal services to carry out the provisions of this section. Upon 4133 the request of the department or agency, the various state and 4134 county attorneys shall assist in litigation within their 4135 jurisdiction. The department or agency may retain legal counsel 4136 for necessary legal services which cannot be furnished by the 4137 Department of Legal Affairs and the various state and county 4138 attorneys. 4139 (6) DEPOSIT OR INVESTMENT OF FUNDS OF CLIENTS.— 4140 (a) The department or agency may deposit any funds of 4141 clients in its possession in any bank in the state or may invest 4142 or reinvest such funds in bonds or obligations of the United 4143 States for the payment of which the full faith and credit of the 4144 United States is pledged. For purposes of deposit only, the 4145 funds of any client may be mingled with the funds of any other 4146 clients. 4147 (b) The interest or increment accruing on such funds shall 4148 be the property of the clients and shall be used or conserved 4149 for the personal use or benefit of the client, in accordance 4150 with the department’s or agency’s fiduciary responsibility as a 4151 trustee for the money and property of the client. Such interest 4152 shall not accrue to the general welfare of all clients. Whenever 4153 any proposed action of the department or agency, acting in its 4154 own interest, may conflict with the department’s or agency’s 4155 fiduciary responsibility to the client, the department or agency 4156 shall promptly present the matter to a court of competent 4157 jurisdiction for the court’s determination as to what action the 4158 department or agency may take. The department or agency shall 4159 establish reasonable fees by rule for the cost of administering 4160 such accounts and for establishing the minimum balance eligible 4161 to earn interest. 4162 (7) DISPOSITION OF MONEY AND PROPERTY OF CLIENTS UPON 4163 ATTAINING AGE 18 OR DISCHARGE FROM CARE, CUSTODY, CONTROL, OR 4164 SERVICES OF THE DEPARTMENT.— 4165 (a) Whenever a client of the department for whom the 4166 department is holding money or property as a trustee attains the 4167 age of 18, and thereby will no longer be in the legal custody of 4168 the department, the department shall promptly disburse such 4169 money and property to that client, or as that client directs, as 4170 soon as practicable. 4171 (b) Whenever a client of the department over the age of 18 4172 for whom the department is holding money or property as a 4173 trustee no longer requires the care, custody, control, or 4174 services of the department, the department shall promptly 4175 disburse such money and property to that client, or as that 4176 client or a court directs, as soon as practicable. 4177 (c) When a client under the age of 18 who has been in the 4178 legal custody, care, or control of the department and for whom 4179 the department is holding money or property as a trustee attains 4180 the age of 18 and has a physical or mental disability, or is 4181 otherwise incapacitated or incompetent to handle that client’s 4182 own financial affairs, the department shall apply for a court 4183 order from a court of competent jurisdiction to establish a 4184 trust on behalf of that client. Where there is no willing 4185 relative of the client acceptable to the court available to 4186 serve as trustee of such proposed trust, the court may enter an 4187 order authorizing the department to serve as trustee of a 4188 separate trust under such terms and conditions as the court 4189 determines appropriate to the circumstances. 4190 (d) When a client under the age of 18 who has been in the 4191 legal custody, care, or control of the department and for whom 4192 the department is holding money or property as a trustee leaves 4193 the care, custody, and control of the department due to adoption 4194 or placement of the client with a relative, or as otherwise 4195 directed by a court of competent jurisdiction, the department 4196 shall notify that court of the existence of the money and 4197 property either prior to, or promptly after, receiving knowledge 4198 of the change of custody, care, or control. The department shall 4199 apply for an order from the court exercising jurisdiction over 4200 the client to direct the disposition of the money and property 4201 belonging to that client. The court order may establish a trust 4202 in which the money and property of the client will be deposited, 4203 appoint a guardian of a property as to the money or property of 4204 the client, or direct the creation of a Uniform Transfers to 4205 Minors Act account on behalf of that client, under the terms and 4206 conditions the court determines appropriate to the 4207 circumstances. 4208 Section 136. Subsection (1) of section 402.18, Florida 4209 Statutes, is amended to read: 4210 402.18 Welfare trust funds created; use of.— 4211 (1) All moneys now held in any auxiliary, canteen, welfare, 4212 donated, or similar fund in any state institution under the 4213 jurisdiction of the Department of Children and FamiliesFamily4214Servicesshall be deposited in a welfare trust fund, which fund 4215 is hereby created in the State Treasury, or in a place which the 4216 department shall designate. The money in the fund of each 4217 institution of the department, or which may accrue thereto, is 4218 hereby appropriated for the benefit, education, and general 4219 welfare of clients in that institution. The general welfare of 4220 clients includes, but is not limited to, the establishment of, 4221 maintenance of, employment of personnel for, and the purchase of 4222 items for resale at canteens or vending machines maintained at 4223 the state institutions and for the establishment of, maintenance 4224 of, employment of personnel for, and the operation of canteens, 4225 hobby shops, recreational or entertainment facilities, sheltered 4226 workshops, activity centers, farming projects, or other like 4227 facilities or programs at the institutions. 4228 Section 137. Subsection (1) and paragraph (b) of subsection 4229 (3) of section 402.181, Florida Statutes, are amended to read: 4230 402.181 State Institutions Claims Program.— 4231 (1) There is created a State Institutions Claims Program, 4232 for the purpose of making restitution for property damages and 4233 direct medical expenses for injuries caused by shelter children 4234 or foster children, or escapees, inmates, or patients of state 4235 institutions or developmental disabilities centers under the 4236 Department of Children and FamiliesFamily Services, the 4237 Department of Health, the Department of Juvenile Justice, the 4238 Department of Corrections, or the Agency for Persons with 4239 Disabilities. 4240 (3) 4241 (b) The Department of Legal Affairs shall work with the 4242 Department of Children and FamiliesFamily Services, the 4243 Department of Health, the Department of Juvenile Justice, the 4244 Department of Corrections, and the Agency for Persons with 4245 Disabilities to streamline the process of investigations, 4246 hearings, and determinations with respect to claims under this 4247 section, to ensure that eligible claimants receive restitution 4248 within a reasonable time. 4249 Section 138. Section 402.185, Florida Statutes, is amended 4250 to read: 4251 402.185 Productivity enhancing technology.—In accordance 4252 with the provisions of chapter 216, 20 percent of any 4253 unobligated General Revenue Fund or any trust fund appropriation 4254 for salaries and benefits, expenses, other personal services, 4255 operating capital outlay, and special categories remaining at 4256 the end of a fiscal year shall be available to the Department of 4257 Children and FamiliesFamily Servicesfor purchases of 4258 productivity-enhancing technology, to improve existing services, 4259 and for community services initiatives. Funds used for such 4260 purposes may be certified forward. 4261 Section 139. Section 402.19, Florida Statutes, is amended 4262 to read: 4263 402.19 Photographing records; destruction of records; 4264 effect as evidence.—The Department of Children and Families 4265Family Servicesmay authorize each of the agencies under its 4266 supervision and control to photograph, microphotograph, or 4267 reproduce on film or prints, such correspondence, documents, 4268 records, data, and other information as the department shall 4269 determine, and which is not otherwise authorized to be 4270 reproduced under chapter 119, whether the same shall be of a 4271 temporary or permanent character and whether public, private, or 4272 confidential, including that pertaining to patients or inmates 4273 of the agencies, and to destroy any of said documents after they 4274 have been reproduced. Photographs or microphotographs in the 4275 form of film or prints made in compliance with the provisions of 4276 this section shall have the same force and effect as the 4277 originals thereof would have, and shall be treated as originals 4278 for the purpose of their admissibility in evidence. Duly 4279 certified or authenticated reproductions of such photographs or 4280 microphotographs shall be admitted in evidence equally with the 4281 original photographs or microphotographs. 4282 Section 140. Section 402.20, Florida Statutes, is amended 4283 to read: 4284 402.20 County contracts authorized for services and 4285 facilities for mental health and developmental disabilities.—The 4286 boards of county commissioners are authorized to provide 4287 monetary grants and facilities, and to enter into renewable 4288 contracts, for services and facilities, for a period not to 4289 exceed 2 years, with public and private hospitals, clinics, and 4290 laboratories; other state agencies, departments, or divisions; 4291 the state colleges and universities; the community colleges; 4292 private colleges and universities; counties; municipalities; 4293 towns; townships; and any other governmental unit or nonprofit 4294 organization which provides needed facilities for persons with 4295 mental illness or developmental disabilities. These services are 4296 hereby declared to be for a public and county purpose. The 4297 county commissioners may make periodic inspections to assure 4298 that the services or facilities provided under this chapter meet 4299 the standards of the Department of Children and FamiliesFamily4300Servicesand the Agency for Persons with Disabilities. 4301 Section 141. Paragraph (a) of subsection (1) and 4302 subsections (2), (3), and (4) of section 402.22, Florida 4303 Statutes, are amended to read: 4304 402.22 Education program for students who reside in 4305 residential care facilities operated by the Department of 4306 Children and FamiliesFamily Servicesor the Agency for Persons 4307 with Disabilities.— 4308 (1)(a) The Legislature recognizes that the Department of 4309 Children and FamiliesFamily Servicesand the Agency for Persons 4310 with Disabilities have under their residential care students 4311 with critical problems of physical impairment, emotional 4312 disturbance, mental impairment, and learning impairment. 4313 (2) District school boards shall establish educational 4314 programs for all students ages 5 through 18 under the 4315 residential care of the Department of Children and Families 4316Family Servicesand the Agency for Persons with Disabilities, 4317 and may provide for students below age 3 as provided for in s. 4318 1003.21(1)(e). Funding of such programs shall be pursuant to s. 4319 1011.62. 4320 (3) Notwithstanding any provisions of chapters 39, 393, 4321 394, and 397 to the contrary, the services of the Department of 4322 Children and FamiliesFamily Servicesand the Agency for Persons 4323 with Disabilities and those of the Department of Education and 4324 district school boards shall be mutually supportive and 4325 complementary of each other. The education programs provided by 4326 the district school board shall meet the standards prescribed by 4327 the State Board of Education and the district school board. 4328 Decisions regarding the design and delivery of department or 4329 agency treatment or habilitative services shall be made by 4330 interdisciplinary teams of professional and paraprofessional 4331 staff of which appropriate district school system administrative 4332 and instructional personnel shall be invited to be participating 4333 members. The requirements for maintenance of confidentiality as 4334 prescribed in chapters 39, 393, 394, and 397 shall be applied to 4335 information used by such interdisciplinary teams, and such 4336 information shall be exempt from the provisions of ss. 119.07(1) 4337 and 286.011. 4338 (4) Students age 18 and under who are under the residential 4339 care of the Department of Children and FamiliesFamily Services4340 or the Agency for Persons with Disabilities and who receive an 4341 education program shall be calculated as full-time equivalent 4342 student membership in the appropriate cost factor as provided 4343 for in s. 1011.62(1)(c). Residential care facilities shall 4344 include, but not be limited to, developmental disabilities 4345 centers and state mental health facilities. All students shall 4346 receive their education program from the district school system, 4347 and funding shall be allocated through the Florida Education 4348 Finance Program for the district school system. 4349 Section 142. Subsection (5) of section 402.281, Florida 4350 Statutes, is amended to read: 4351 402.281 Gold Seal Quality Care program.— 4352 (5) The Department of Children and FamiliesFamily Services4353 shall adopt rules under ss. 120.536(1) and 120.54 which provide 4354 criteria and procedures for reviewing and approving accrediting 4355 associations for participation in the Gold Seal Quality Care 4356 program, conferring and revoking designations of Gold Seal 4357 Quality Care providers, and classifying violations. 4358 Section 143. Subsections (5) and (16) of section 402.302, 4359 Florida Statutes, are amended to read: 4360 402.302 Definitions.—As used in this chapter, the term: 4361 (5) “Department” means the Department of Children and 4362 FamiliesFamily Services. 4363 (16) “Secretary” means the Secretary of Children and 4364 FamiliesFamily Services. 4365 Section 144. Section 402.30501, Florida Statutes, is 4366 amended to read: 4367 402.30501 Modification of introductory child care course 4368 for community college credit authorized.—The Department of 4369 Children and FamiliesFamily Servicesmay modify the 40-clock 4370 hour introductory course in child care under s. 402.305 or s. 4371 402.3131 to meet the requirements of articulating the course to 4372 community college credit. Any modification must continue to 4373 provide that the course satisfies the requirements of s. 4374 402.305(2)(d). 4375 Section 145. Section 402.3115, Florida Statutes, is amended 4376 to read: 4377 402.3115 Elimination of duplicative and unnecessary 4378 inspections; abbreviated inspections.—The Department of Children 4379 and FamiliesFamily Servicesand local governmental agencies 4380 that license child care facilities shall develop and implement a 4381 plan to eliminate duplicative and unnecessary inspections of 4382 child care facilities. In addition, the department and the local 4383 governmental agencies shall develop and implement an abbreviated 4384 inspection plan for child care facilities that have had no Class 4385 1 or Class 2 deficiencies, as defined by rule, for at least 2 4386 consecutive years. The abbreviated inspection must include those 4387 elements identified by the department and the local governmental 4388 agencies as being key indicators of whether the child care 4389 facility continues to provide quality care and programming. 4390 Section 146. Paragraph (c) of subsection (1) of section 4391 402.33, Florida Statutes, is amended to read: 4392 402.33 Department authority to charge fees for services 4393 provided.— 4394 (1) As used in this section, the term: 4395 (c) “Department” means the Department of Children and 4396 FamiliesFamily Services, the Department of Health, and the 4397 Agency for Persons with Disabilities. 4398 Section 147. Section 402.35, Florida Statutes, is amended 4399 to read: 4400 402.35 Employees.—All personnel of the Department of 4401 Children and FamiliesFamily Servicesshall be governed by rules 4402 and regulations adopted and promulgated by the Department of 4403 Management Services relative thereto except the director and 4404 persons paid on a fee basis. The Department of Children and 4405 FamiliesFamily Servicesmay participate with other state 4406 departments and agencies in a joint merit system. 4407 Section 148. Subsection (1), paragraph (a) of subsection 4408 (4), paragraph (a) of subsection (5), and subsection (6) of 4409 section 402.40, Florida Statutes, are amended to read: 4410 402.40 Child welfare training and certification.— 4411 (1) LEGISLATIVE INTENT.—In order to enable the state to 4412 provide a systematic approach to staff development and training 4413 for persons providing child welfare services that will meet the 4414 needs of such staff in their discharge of duties, it is the 4415 intent of the Legislature that the Department of Children and 4416 FamiliesFamily Serviceswork in collaboration with the child 4417 welfare stakeholder community, including department-approved 4418 third-party credentialing entities, to ensure that staff have 4419 the knowledge, skills, and abilities necessary to competently 4420 provide child welfare services. It is the intent of the 4421 Legislature that each person providing child welfare services in 4422 this state earns and maintains a professional certification from 4423 a professional credentialing entity that is approved by the 4424 Department of Children and FamiliesFamily Services. The 4425 Legislature further intends that certification and training 4426 programs will aid in the reduction of poor staff morale and of 4427 staff turnover, will positively impact on the quality of 4428 decisions made regarding children and families who require 4429 assistance from programs providing child welfare services, and 4430 will afford better quality care of children who must be removed 4431 from their families. 4432 (4) CHILD WELFARE TRAINING TRUST FUND.— 4433 (a) There is created within the State Treasury a Child 4434 Welfare Training Trust Fund to be used by the Department of 4435 Children and FamiliesFamily Servicesfor the purpose of funding 4436 the professional development of persons providing child welfare 4437 services. 4438 (5) CORE COMPETENCIES.— 4439 (a) The Department of Children and FamiliesFamily Services4440 shall approve the core competencies and related preservice 4441 curricula that ensures that each person delivering child welfare 4442 services obtains the knowledge, skills, and abilities to 4443 competently carry out his or her work responsibilities. 4444 (6) ADOPTION OF RULES.—The Department of Children and 4445 FamiliesFamily Servicesshall adopt rules necessary to carry 4446 out the provisions of this section. 4447 Section 149. Section 402.401, Florida Statutes, is amended 4448 to read: 4449 402.401 Florida Child Welfare Student Loan Forgiveness 4450 Program.—There is created the Florida Child Welfare Student Loan 4451 Forgiveness Program to be administered by the Department of 4452 Children and FamiliesFamily Services. The program shall provide 4453 loan reimbursement to eligible employees in child welfare 4454 positions that are critical to the department’s mission, as 4455 determined by the department, and that are within the 4456 department, sheriff’s offices, or contracted community-based 4457 care agencies. To be eligible for a program loan, the employee’s 4458 outstanding student loans may not be in a default status. This 4459 section shall be implemented only as specifically funded. 4460 Section 150. Subsection (2) of section 402.47, Florida 4461 Statutes, is amended to read: 4462 402.47 Foster grandparent and retired senior volunteer 4463 services to high-risk and handicapped children.— 4464 (2) The Department of Children and FamiliesFamily Services4465 shall: 4466 (a) Establish a program to provide foster grandparent and 4467 retired senior volunteer services to high-risk and handicapped 4468 children. Foster grandparent services and retired senior 4469 volunteer services to high-risk and handicapped children shall 4470 be under the supervision of the department, in coordination with 4471 intraagency and interagency programs and agreements as provided 4472 for in s. 411.203. 4473 (b) In authorized districts, contract with foster 4474 grandparent programs and retired senior volunteer programs for 4475 services to high-risk and handicapped children, utilizing funds 4476 appropriated for handicap prevention. 4477 (c) Develop guidelines for the provision of foster 4478 grandparent services and retired senior volunteer services to 4479 high-risk and handicapped children, and monitor and evaluate the 4480 implementation of the program. 4481 (d) Coordinate with the Federal Action State Office 4482 regarding the development of criteria for program elements and 4483 funding. 4484 Section 151. Subsection (1) of section 402.49, Florida 4485 Statutes, is amended to read: 4486 402.49 Mediation process established.— 4487 (1) The Department of Children and FamiliesFamily Services4488 shall establish a mediation process for the purpose of resolving 4489 disputes that arise between the department and agencies that are 4490 operating under contracts with the department. 4491 Section 152. Paragraph (a) of subsection (4) of section 4492 402.56, Florida Statutes, is amended to read: 4493 402.56 Children’s cabinet; organization; responsibilities; 4494 annual report.— 4495 (4) MEMBERS.—The cabinet shall consist of 14 members 4496 including the Governor and the following persons: 4497 (a)1. The Secretary of Children and FamiliesFamily4498Services; 4499 2. The Secretary of Juvenile Justice; 4500 3. The director of the Agency for Persons with 4501 Disabilities; 4502 4. The director of the Office of Early Learning; 4503 5. The State Surgeon General; 4504 6. The Secretary of Health Care Administration; 4505 7. The Commissioner of Education; 4506 8. The director of the Statewide Guardian Ad Litem Office; 4507 9. The director of the Office of Child Abuse Prevention; 4508 and 4509 10. Five members representing children and youth advocacy 4510 organizations, who are not service providers and who are 4511 appointed by the Governor. 4512 Section 153. Section 402.70, Florida Statutes, is amended 4513 to read: 4514 402.70 Interagency agreement between Department of Health 4515 and Department of Children and FamiliesFamily Services.—The 4516 Department of Health and the Department of Children and Families 4517Family Servicesshall enter into an interagency agreement to 4518 ensure coordination and cooperation in identifying client 4519 populations, developing service delivery systems, and meeting 4520 the needs of the state’s residents. The interagency agreement 4521 must address cooperative programmatic issues, rules-development 4522 issues, and any other issues that must be resolved to ensure the 4523 continued working relationship among the health and family 4524 services programs of the two departments. 4525 Section 154. Subsection (1) of section 402.73, Florida 4526 Statutes, is amended to read: 4527 402.73 Contracting and performance standards.— 4528 (1) The Department of Children and FamiliesFamily Services4529 shall adopt, by rule, provisions for including in its contracts 4530 incremental penalties to be imposed by its contract managers on 4531 a service provider due to the provider’s failure to comply with 4532 a requirement for corrective action. Any financial penalty that 4533 is imposed upon a provider may not be paid from funds being used 4534 to provide services to clients, and the provider may not reduce 4535 the amount of services being delivered to clients as a method 4536 for offsetting the impact of the penalty. If a financial penalty 4537 is imposed upon a provider that is a corporation, the department 4538 shall notify, at a minimum, the board of directors of the 4539 corporation. The department may notify, at its discretion, any 4540 additional parties that the department believes may be helpful 4541 in obtaining the corrective action that is being sought. 4542 Further, the rules adopted by the department must include 4543 provisions that permit the department to deduct the financial 4544 penalties from funds that would otherwise be due to the 4545 provider, not to exceed 10 percent of the amount that otherwise 4546 would be due to the provider for the period of noncompliance. If 4547 the department imposes a financial penalty, it shall advise the 4548 provider in writing of the cause for the penalty. A failure to 4549 include such deductions in a request for payment constitutes a 4550 ground for the department to reject that request for payment. 4551 The remedies identified in this subsection do not limit or 4552 restrict the department’s application of any other remedy 4553 available to it in the contract or under law. The remedies 4554 described in this subsection may be cumulative and may be 4555 assessed upon each separate failure to comply with instructions 4556 from the department to complete corrective action. 4557 Section 155. Paragraph (c) of subsection (1) and subsection 4558 (3) of section 402.7305, Florida Statutes, are amended to read: 4559 402.7305 Department of Children and FamiliesFamily4560Services; procurement of contractual services; contract 4561 management.— 4562 (1) DEFINITIONS.—As used in this section, the term: 4563 (c) “Department” means the Department of Children and 4564 FamiliesFamily Services. 4565 (3) CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS.—The 4566 Department of Children and FamiliesFamily Servicesshall review 4567 the time period for which the department executes contracts and 4568 shall execute multiyear contracts to make the most efficient use 4569 of the resources devoted to contract processing and execution. 4570 Whenever the department chooses not to use a multiyear contract, 4571 a justification for that decision must be contained in the 4572 contract. Notwithstanding s. 287.057(14), the department is 4573 responsible for establishing a contract management process that 4574 requires a member of the department’s Senior Management or 4575 Selected Exempt Service to assign in writing the responsibility 4576 of a contract to a contract manager. The department shall 4577 maintain a set of procedures describing its contract management 4578 process which must minimally include the following requirements: 4579 (a) The contract manager shall maintain the official 4580 contract file throughout the duration of the contract and for a 4581 period not less than 6 years after the termination of the 4582 contract. 4583 (b) The contract manager shall review all invoices for 4584 compliance with the criteria and payment schedule provided for 4585 in the contract and shall approve payment of all invoices before 4586 their transmission to the Department of Financial Services for 4587 payment. 4588 (c) The contract manager shall maintain a schedule of 4589 payments and total amounts disbursed and shall periodically 4590 reconcile the records with the state’s official accounting 4591 records. 4592 (d) For contracts involving the provision of direct client 4593 services, the contract manager shall periodically visit the 4594 physical location where the services are delivered and speak 4595 directly to clients receiving the services and the staff 4596 responsible for delivering the services. 4597 (e) The contract manager shall meet at least once a month 4598 directly with the contractor’s representative and maintain 4599 records of such meetings. 4600 (f) The contract manager shall periodically document any 4601 differences between the required performance measures and the 4602 actual performance measures. If a contractor fails to meet and 4603 comply with the performance measures established in the 4604 contract, the department may allow a reasonable period for the 4605 contractor to correct performance deficiencies. If performance 4606 deficiencies are not resolved to the satisfaction of the 4607 department within the prescribed time, and if no extenuating 4608 circumstances can be documented by the contractor to the 4609 department’s satisfaction, the department must terminate the 4610 contract. The department may not enter into a new contract with 4611 that same contractor for the services for which the contract was 4612 previously terminated for a period of at least 24 months after 4613 the date of termination. The contract manager shall obtain and 4614 enforce corrective action plans, if appropriate, and maintain 4615 records regarding the completion or failure to complete 4616 corrective action items. 4617 (g) The contract manager shall document any contract 4618 modifications, which shall include recording any contract 4619 amendments as provided for in this section. 4620 (h) The contract manager shall be properly trained before 4621 being assigned responsibility for any contract. 4622 Section 156. Section 402.7306, Florida Statutes, is amended 4623 to read: 4624 402.7306 Administrative monitoring of child welfare 4625 providers, and administrative, licensure, and programmatic 4626 monitoring of mental health and substance abuse service 4627 providers.—The Department of Children and FamiliesFamily4628Services, the Department of Health, the Agency for Persons with 4629 Disabilities, the Agency for Health Care Administration, 4630 community-based care lead agencies, managing entities as defined 4631 in s. 394.9082, and agencies who have contracted with monitoring 4632 agents shall identify and implement changes that improve the 4633 efficiency of administrative monitoring of child welfare 4634 services, and the administrative, licensure, and programmatic 4635 monitoring of mental health and substance abuse service 4636 providers. For the purpose of this section, the term “mental 4637 health and substance abuse service provider” means a provider 4638 who provides services to this state’s priority population as 4639 defined in s. 394.674. To assist with that goal, each such 4640 agency shall adopt the following policies: 4641 (1) Limit administrative monitoring to once every 3 years 4642 if the child welfare provider is accredited by an accrediting 4643 organization whose standards incorporate comparable licensure 4644 regulations required by this state. If the accrediting body does 4645 not require documentation that the state agency requires, that 4646 documentation shall be requested by the state agency and may be 4647 posted by the service provider on the data warehouse for the 4648 agency’s review. Notwithstanding the survey or inspection of an 4649 accrediting organization specified in this subsection, an agency 4650 specified in and subject to this section may continue to monitor 4651 the service provider as necessary with respect to: 4652 (a) Ensuring that services for which the agency is paying 4653 are being provided. 4654 (b) Investigating complaints or suspected problems and 4655 monitoring the service provider’s compliance with resulting 4656 negotiated terms and conditions, including provisions relating 4657 to consent decrees that are unique to a specific service and are 4658 not statements of general applicability. 4659 (c) Ensuring compliance with federal and state laws, 4660 federal regulations, or state rules if such monitoring does not 4661 duplicate the accrediting organization’s review pursuant to 4662 accreditation standards. 4663 4664 Medicaid certification and precertification reviews are exempt 4665 from this subsection to ensure Medicaid compliance. 4666 (2) Limit administrative, licensure, and programmatic 4667 monitoring to once every 3 years if the mental health or 4668 substance abuse service provider is accredited by an accrediting 4669 organization whose standards incorporate comparable licensure 4670 regulations required by this state. If the services being 4671 monitored are not the services for which the provider is 4672 accredited, the limitations of this subsection do not apply. If 4673 the accrediting body does not require documentation that the 4674 state agency requires, that documentation, except documentation 4675 relating to licensure applications and fees, must be requested 4676 by the state agency and may be posted by the service provider on 4677 the data warehouse for the agency’s review. Notwithstanding the 4678 survey or inspection of an accrediting organization specified in 4679 this subsection, an agency specified in and subject to this 4680 section may continue to monitor the service provider as 4681 necessary with respect to: 4682 (a) Ensuring that services for which the agency is paying 4683 are being provided. 4684 (b) Investigating complaints, identifying problems that 4685 would affect the safety or viability of the service provider, 4686 and monitoring the service provider’s compliance with resulting 4687 negotiated terms and conditions, including provisions relating 4688 to consent decrees that are unique to a specific service and are 4689 not statements of general applicability. 4690 (c) Ensuring compliance with federal and state laws, 4691 federal regulations, or state rules if such monitoring does not 4692 duplicate the accrediting organization’s review pursuant to 4693 accreditation standards. 4694 4695 Federal certification and precertification reviews are exempt 4696 from this subsection to ensure Medicaid compliance. 4697 (3) Allow private sector development and implementation of 4698 an Internet-based, secure, and consolidated data warehouse and 4699 archive for maintaining corporate, fiscal, and administrative 4700 records of child welfare, mental health, or substance abuse 4701 service providers. A service provider shall ensure that the data 4702 is up to date and accessible to the applicable agency under this 4703 section and the appropriate agency subcontractor. A service 4704 provider shall submit any revised, updated information to the 4705 data warehouse within 10 business days after receiving the 4706 request. An agency that conducts administrative monitoring of 4707 child welfare, mental health, or substance abuse service 4708 providers under this section must use the data warehouse for 4709 document requests. If the information provided to the agency by 4710 the provider’s data warehouse is not current or is unavailable 4711 from the data warehouse and archive, the agency may contact the 4712 service provider directly. A service provider that fails to 4713 comply with an agency’s requested documents may be subject to a 4714 site visit to ensure compliance. Access to the data warehouse 4715 must be provided without charge to an applicable agency under 4716 this section. At a minimum, the records must include the service 4717 provider’s: 4718 (a) Articles of incorporation. 4719 (b) Bylaws. 4720 (c) Governing board and committee minutes. 4721 (d) Financial audits. 4722 (e) Expenditure reports. 4723 (f) Compliance audits. 4724 (g) Organizational charts. 4725 (h) Governing board membership information. 4726 (i) Human resource policies and procedures. 4727 (j) Staff credentials. 4728 (k) Monitoring procedures, including tools and schedules. 4729 (l) Procurement and contracting policies and procedures. 4730 (m) Monitoring reports. 4731 Section 157. Subsection (1) of section 402.731, Florida 4732 Statutes, is amended to read: 4733 402.731 Department of Children and FamiliesFamily Services4734 certification programs for employees and service providers; 4735 employment provisions for transition to community-based care.— 4736 (1) The Department of Children and FamiliesFamily Services4737 is authorized to approve third-party credentialing entities, as 4738 defined in s. 402.40, for its employees and service providers to 4739 ensure that only qualified employees and service providers 4740 provide client services. 4741 Section 158. Section 402.80, Florida Statutes, is amended 4742 to read: 4743 402.80 Office of Community Partners.—There is established 4744 the Office of Community Partners within the Department of Health 4745 for the purpose of receiving, coordinating, and dispensing 4746 federal funds set aside to expand the delivery of social 4747 services through eligible private community organizations and 4748 programs. The office shall provide policy direction and promote 4749 civic initiatives which seek to preserve and strengthen families 4750 and communities. The Department of Health, the Department of 4751 Children and FamiliesFamily Services, the Department of 4752 Juvenile Justice, and the Department of Corrections may request 4753 transfer of general revenue funds between agencies, as approved 4754 by the Legislative Budget Commission, as necessary to match 4755 federal funds received by the Office of Community Partners for 4756 these initiatives. 4757 Section 159. Subsection (4) of section 402.81, Florida 4758 Statutes, is amended to read: 4759 402.81 Pharmaceutical expense assistance.— 4760 (4) ADMINISTRATION.—The pharmaceutical expense assistance 4761 program shall be administered by the agency, in collaboration 4762 with the Department of Elderly Affairs and the Department of 4763 Children and FamiliesFamily Services. By January 1 of each 4764 year, the agency shall report to the Legislature on the 4765 operation of the program. The report shall include information 4766 on the number of individuals served, use rates, and expenditures 4767 under the program. 4768 Section 160. Section 402.86, Florida Statutes, is amended 4769 to read: 4770 402.86 Rulemaking authority for refugee assistance 4771 program.— 4772 (1) The Department of Children and FamiliesFamily Services4773 has the authority to administer the refugee assistance program 4774 in accordance with 45 C.F.R. parts 400 and 401. The Department 4775 of Children and FamiliesFamily Servicesor a child-placing or 4776 child-caring agency designated by the department may petition in 4777 circuit court to establish custody. Upon making a finding that a 4778 child is an Unaccompanied Refugee Minor as defined in 45 C.F.R. 4779 s. 400.111, the court may establish custody and placement of the 4780 child in the Unaccompanied Refugee Minor Program. 4781 (2) The Department of Children and FamiliesFamily Services4782 shall adopt any rules necessary for the implementation and 4783 administration of this section. 4784 Section 161. Section 402.87, Florida Statutes, is amended 4785 to read: 4786 402.87 Services to immigrant survivors of human 4787 trafficking, domestic violence, and other serious crimes.—The 4788 Department of Children and FamiliesFamily Servicesshall 4789 establish a structure by which the department shall: 4790 (1) Provide services to immigrant survivors of human 4791 trafficking, domestic violence, and other serious crimes, during 4792 the interim period between the time the survivor applies for a 4793 visa and receives such visa from the United States Department of 4794 Homeland Security or receives certification from the United 4795 States Department of Health and Human Services. 4796 (2) Ensure that immigrant survivors of serious crimes are 4797 eligible to receive existing state and local benefits and 4798 services to the same extent that refugees receive those benefits 4799 and services. 4800 (3) Ensure that immigrant survivors of serious crimes have 4801 access to state-funded services that are equivalent to the 4802 federal programs that provide cash, medical services, and social 4803 service for refugees. 4804 (4) Provide survivors of serious crimes with medical care, 4805 mental health care, and basic assistance in order to help them 4806 secure housing, food, and supportive services. 4807 (5) Create a state-funded component of the cash, medical, 4808 and social services programs for refugees for the purpose of 4809 serving immigrant survivors during the temporary period while 4810 they wait for federal processing to be completed. 4811 (6) Provide that a sworn statement by a survivor is 4812 sufficient evidence for the purposes of determining eligibility 4813 if that statement is supported by at least one item of 4814 additional evidence, including, but not limited to: 4815 (a) Police and court records; 4816 (b) News articles; 4817 (c) Documentation from a professional agency; 4818 (d) Physical evidence; or 4819 (e) A statement from an individual having knowledge of the 4820 circumstances providing the basis for the claim. 4821 (7) Develop a public awareness program for employers and 4822 other organizations that may come into contact with immigrant 4823 survivors of human trafficking in order to provide education and 4824 raise awareness of the problem. 4825 Section 162. Paragraph (b) of subsection (2) of section 4826 408.033, Florida Statutes, is amended to read: 4827 408.033 Local and state health planning.— 4828 (2) FUNDING.— 4829 (b)1. A hospital licensed under chapter 395, a nursing home 4830 licensed under chapter 400, and an assisted living facility 4831 licensed under chapter 429 shall be assessed an annual fee based 4832 on number of beds. 4833 2. All other facilities and organizations listed in 4834 paragraph (a) shall each be assessed an annual fee of $150. 4835 3. Facilities operated by the Department of Children and 4836 FamiliesFamily Services, the Department of Health, or the 4837 Department of Corrections and any hospital which meets the 4838 definition of rural hospital pursuant to s. 395.602 are exempt 4839 from the assessment required in this subsection. 4840 Section 163. Subsection (4) of section 408.20, Florida 4841 Statutes, is amended to read: 4842 408.20 Assessments; Health Care Trust Fund.— 4843 (4) Hospitals operated by the Department of Children and 4844 FamiliesFamily Services, the Department of Health, or the 4845 Department of Corrections are exempt from the assessments 4846 required under this section. 4847 Section 164. Section 408.301, Florida Statutes, is amended 4848 to read: 4849 408.301 Legislative findings.—The Legislature has found 4850 that access to quality, affordable, health care for all 4851 Floridians is an important goal for the state. The Legislature 4852 recognizes that there are Floridians with special health care 4853 and social needs which require particular attention. The people 4854 served by the Department of Children and FamiliesFamily4855Services, the Agency for Persons with Disabilities, the 4856 Department of Health, and the Department of Elderly Affairs are 4857 examples of citizens with special needs. The Legislature further 4858 recognizes that the Medicaid program is an intricate part of the 4859 service delivery system for the special needs citizens. However, 4860 the Agency for Health Care Administration is not a service 4861 provider and does not develop or direct programs for the special 4862 needs citizens. Therefore, it is the intent of the Legislature 4863 that the Agency for Health Care Administration work closely with 4864 the Department of Children and FamiliesFamily Services, the 4865 Agency for Persons with Disabilities, the Department of Health, 4866 and the Department of Elderly Affairs in developing plans for 4867 assuring access to all Floridians in order to assure that the 4868 needs of special citizens are met. 4869 Section 165. Section 408.302, Florida Statutes, is amended 4870 to read: 4871 408.302 Interagency agreement.— 4872 (1) The Agency for Health Care Administration shall enter 4873 into an interagency agreement with the Department of Children 4874 and FamiliesFamily Services, the Agency for Persons with 4875 Disabilities, the Department of Health, and the Department of 4876 Elderly Affairs to assure coordination and cooperation in 4877 serving special needs citizens. The agreement shall include the 4878 requirement that the secretaries or directors of the Department 4879 of Children and FamiliesFamily Services, the Agency for Persons 4880 with Disabilities, the Department of Health, and the Department 4881 of Elderly Affairs approve, prior to adoption, any rule 4882 developed by the Agency for Health Care Administration where 4883 such rule has a direct impact on the mission of the respective 4884 state agencies, their programs, or their budgets. 4885 (2) For rules which indirectly impact on the mission of the 4886 Department of Children and FamiliesFamily Services, the Agency 4887 for Persons with Disabilities, the Department of Health, and the 4888 Department of Elderly Affairs, their programs, or their budgets, 4889 the concurrence of the respective secretaries or directors on 4890 the rule is required. 4891 (3) For all other rules developed by the Agency for Health 4892 Care Administration, coordination with the Department of 4893 Children and FamiliesFamily Services, the Agency for Persons 4894 with Disabilities, the Department of Health, and the Department 4895 of Elderly Affairs is encouraged. 4896 (4) The interagency agreement shall also include any other 4897 provisions necessary to ensure a continued cooperative working 4898 relationship between the Agency for Health Care Administration 4899 and the Department of Children and FamiliesFamily Services, the 4900 Agency for Persons with Disabilities, the Department of Health, 4901 and the Department of Elderly Affairs as each strives to meet 4902 the needs of the citizens of Florida. 4903 Section 166. Subsection (2) of section 408.809, Florida 4904 Statutes, is amended to read: 4905 408.809 Background screening; prohibited offenses.— 4906 (2) Every 5 years following his or her licensure, 4907 employment, or entry into a contract in a capacity that under 4908 subsection (1) would require level 2 background screening under 4909 chapter 435, each such person must submit to level 2 background 4910 rescreening as a condition of retaining such license or 4911 continuing in such employment or contractual status. For any 4912 such rescreening, the agency shall request the Department of Law 4913 Enforcement to forward the person’s fingerprints to the Federal 4914 Bureau of Investigation for a national criminal history record 4915 check. If the fingerprints of such a person are not retained by 4916 the Department of Law Enforcement under s. 943.05(2)(g), the 4917 person must file a complete set of fingerprints with the agency 4918 and the agency shall forward the fingerprints to the Department 4919 of Law Enforcement for state processing, and the Department of 4920 Law Enforcement shall forward the fingerprints to the Federal 4921 Bureau of Investigation for a national criminal history record 4922 check. The fingerprints may be retained by the Department of Law 4923 Enforcement under s. 943.05(2)(g). The cost of the state and 4924 national criminal history records checks required by level 2 4925 screening may be borne by the licensee or the person 4926 fingerprinted. Until the person’s background screening results 4927 are retained in the clearinghouse created under s. 435.12, the 4928 agency may accept as satisfying the requirements of this section 4929 proof of compliance with level 2 screening standards submitted 4930 within the previous 5 years to meet any provider or professional 4931 licensure requirements of the agency, the Department of Health, 4932 the Department of Elderly Affairs, the Agency for Persons with 4933 Disabilities, the Department of Children and FamiliesFamily4934Services, or the Department of Financial Services for an 4935 applicant for a certificate of authority or provisional 4936 certificate of authority to operate a continuing care retirement 4937 community under chapter 651, provided that: 4938 (a) The screening standards and disqualifying offenses for 4939 the prior screening are equivalent to those specified in s. 4940 435.04 and this section; 4941 (b) The person subject to screening has not had a break in 4942 service from a position that requires level 2 screening for more 4943 than 90 days; and 4944 (c) Such proof is accompanied, under penalty of perjury, by 4945 an affidavit of compliance with the provisions of chapter 435 4946 and this section using forms provided by the agency. 4947 Section 167. Paragraph (b) of subsection (1) of section 4948 408.916, Florida Statutes, is amended to read: 4949 408.916 Steering committee.—In order to guide the 4950 implementation of the pilot project, there is created a Health 4951 Care Access Steering Committee. 4952 (1) The steering committee shall be composed of the 4953 following members: 4954 (b) The Secretary of Children and FamiliesFamily Services. 4955 Section 168. Subsections (1) and (2) of section 409.016, 4956 Florida Statutes, are amended to read: 4957 409.016 Definitions.—As used in this chapter: 4958 (1) “Department,” unless otherwise specified, means the 4959 Department of Children and FamiliesFamily Services. 4960 (2) “Secretary” means the secretary of the Department of 4961 Children and FamiliesFamily Services. 4962 Section 169. Paragraph (a) of subsection (3) of section 4963 409.017, Florida Statutes, is amended to read: 4964 409.017 Revenue Maximization Act; legislative intent; 4965 revenue maximization program.— 4966 (3) REVENUE MAXIMIZATION PROGRAM.— 4967 (a) For purposes of this section, the term “agency” means 4968 any state agency or department that is involved in providing 4969 health, social, or human services, including, but not limited 4970 to, the Agency for Health Care Administration, the Department of 4971 Children and FamiliesFamily Services, the Department of Elderly 4972 Affairs, the Department of Juvenile Justice, the Department of 4973 Education, and the State Board of Education. 4974 Section 170. Subsections (1) and (4) of section 409.141, 4975 Florida Statutes, are amended to read: 4976 409.141 Equitable reimbursement methodology.— 4977 (1) To assure high standards of care and essential 4978 residential services as a component of the services continuum 4979 for at-risk youth and families, the Department of Children and 4980 FamiliesFamily Servicesshall adopt an equitable reimbursement 4981 methodology. This methodology, which addresses only those 4982 children placed in nonprofit residential group care by the 4983 department and funded through public appropriations, shall 4984 consist of a standardized base of allowable costs of a 4985 provider’s actual per diem rate costs. The actual percentage of 4986 base costs met through this methodology shall be determined by 4987 the availability of state funding. The full utilization of the 4988 department’s Children, Youth and Families Purchase of 4989 Residential Group Care Appropriation Category shall be used to 4990 fund this methodology. Definitions of care and allowable costs 4991 shall be based upon those mandated services standards as set out 4992 in chapter 10M-9, Florida Administrative Code (Licensing 4993 Standards Residential Child Care Agencies), plus any special 4994 enhancements required by the specific treatment component. 4995 Actual costs shall be verified through the agency’s annual 4996 fiscal audit for the 2 prior calendar years. 4997 (4) The Department of Children and FamiliesFamily Services4998 shall develop administrative rules in full cooperation with the 4999 Florida Group Child Care Association to carry out the intent and 5000 provisions of this section. 5001 Section 171. Subsections (1), (5), (6), and (9) of section 5002 409.146, Florida Statutes, are amended to read: 5003 409.146 Children and families client and management 5004 information system.— 5005 (1) The Department of Children and FamiliesFamily Services5006 shall establish a children and families client and management 5007 information system which shall provide information concerning 5008 children served by the children and families programs. 5009 (5) The Department of Children and FamiliesFamily Services5010 shall employ accepted current system development methodology to 5011 determine the appropriate design and contents of the system, as 5012 well as the most rapid feasible implementation schedule as 5013 outlined in the information resources management operational 5014 plan of the Department of Children and FamiliesFamily Services. 5015 (6) The Department of Children and FamiliesFamily Services5016 shall aggregate, on a quarterly and an annual basis, the 5017 information and statistical data of the children and families 5018 client and management information system into a descriptive 5019 report and shall disseminate the quarterly and annual reports to 5020 interested parties, including substantive committees of the 5021 House of Representatives and the Senate. 5022 (9) The Department of Children and FamiliesFamily Services5023 shall provide an annual report to the President of the Senate 5024 and the Speaker of the House of Representatives. In developing 5025 the system, the Department of Children and FamiliesFamily5026Servicesshall consider and report on the availability of, and 5027 the costs associated with using, existing software and systems, 5028 including, but not limited to, those that are operational in 5029 other states, to meet the requirements of this section. The 5030 department shall also consider and report on the compatibility 5031 of such existing software and systems with an integrated 5032 management information system. The report shall be submitted no 5033 later than December 1 of each year. 5034 Section 172. Paragraph (a) of subsection (8) of section 5035 409.147, Florida Statutes, is amended to read: 5036 409.147 Children’s initiatives.— 5037 (8) CREATION OF MIAMI CHILDREN’S INITIATIVE, INC.— 5038 (a) There is created within the Liberty City neighborhood 5039 in Miami-Dade County a 10-year project that shall be managed by 5040 an entity organized as a corporation not for profit which shall 5041 be registered, incorporated, organized, and operated in 5042 compliance with chapter 617. An entity may not be incorporated 5043 until the governing body has adopted the resolution described in 5044 subsection (4), has established the planning team as provided in 5045 subsection (5), and has developed and adopted the strategic 5046 community plan as provided in subsection (6). The corporation 5047 shall be known as the Miami Children’s Initiative, Inc., and 5048 shall be administratively housed within the Department of 5049 Children and FamiliesFamily Services. However, Miami Children’s 5050 Initiative, Inc., is not subject to control, supervision, or 5051 direction by the Department of Children and FamiliesFamily5052Servicesin any manner. The Legislature determines, however, 5053 that public policy dictates that the corporation operate in the 5054 most open and accessible manner consistent with its public 5055 purpose. Therefore, the Legislature specifically declares that 5056 the corporation is subject to chapter 119, relating to public 5057 records, chapter 286, relating to public meetings and records, 5058 and chapter 287, relating to procurement of commodities or 5059 contractual services. 5060 Section 173. Section 409.153, Florida Statutes, is amended 5061 to read: 5062 409.153 Implementation of Healthy Families Florida 5063 program.—The Department of Children and FamiliesFamily Services5064 shall contract with a private nonprofit corporation to implement 5065 the Healthy Families Florida program. The private nonprofit 5066 corporation shall be incorporated for the purpose of 5067 identifying, funding, supporting, and evaluating programs and 5068 community initiatives to improve the development and life 5069 outcomes of children and to preserve and strengthen families 5070 with a primary emphasis on prevention. The private nonprofit 5071 corporation shall implement the program. The program shall work 5072 in partnership with existing community-based home visitation and 5073 family support resources to provide assistance to families in an 5074 effort to prevent child abuse. The program shall be voluntary 5075 for participants and shall require the informed consent of the 5076 participants at the initial contact. The Kempe Family Stress 5077 Checklist shall not be used. 5078 Section 174. Paragraph (d) of subsection (2) of section 5079 409.166, Florida Statutes, is amended to read: 5080 409.166 Children within the child welfare system; adoption 5081 assistance program.— 5082 (2) DEFINITIONS.—As used in this section, the term: 5083 (d) “Department” means the Department of Children and 5084 FamiliesFamily Services. 5085 Section 175. Subsection (1) of section 409.167, Florida 5086 Statutes, is amended to read: 5087 409.167 Statewide adoption exchange; establishment; 5088 responsibilities; registration requirements; rules.— 5089 (1) The Department of Children and FamiliesFamily Services5090 shall establish, either directly or through purchase, a 5091 statewide adoption exchange, with a photo listing component, 5092 which shall serve all authorized licensed child-placing agencies 5093 in the state as a means of recruiting adoptive families for 5094 children who have been legally freed for adoption and who have 5095 been permanently placed with the department or a licensed child 5096 placing agency. The exchange shall provide descriptions and 5097 photographs of such children, as well as any other information 5098 deemed useful in the recruitment of adoptive families for each 5099 child. The photo listing component of the adoption exchange must 5100 be updated monthly. 5101 Section 176. Paragraphs (a) and (e) of subsection (1), 5102 paragraph (a) of subsection (5), and subsections (6) and (16) of 5103 section 409.1671, Florida Statutes, are amended to read: 5104 409.1671 Foster care and related services; outsourcing.— 5105 (1)(a) It is the intent of the Legislature that the 5106 Department of Children and FamiliesFamily Servicesshall 5107 outsource the provision of foster care and related services 5108 statewide. It is further the Legislature’s intent to encourage 5109 communities and other stakeholders in the well-being of children 5110 to participate in assuring that children are safe and well 5111 nurtured. However, while recognizing that some local governments 5112 are presently funding portions of certain foster care and 5113 related services programs and may choose to expand such funding 5114 in the future, the Legislature does not intend by its 5115 outsourcing of foster care and related services that any county, 5116 municipality, or special district be required to assist in 5117 funding programs that previously have been funded by the state. 5118 Counties that provide children and family services with at least 5119 40 licensed residential group care beds by July 1, 2003, and 5120 provide at least $2 million annually in county general revenue 5121 funds to supplement foster and family care services shall 5122 continue to contract directly with the state and shall be exempt 5123 from the provisions of this section. Nothing in this paragraph 5124 prohibits any county, municipality, or special district from 5125 future voluntary funding participation in foster care and 5126 related services. As used in this section, the term “outsource” 5127 means to contract with competent, community-based agencies. The 5128 department shall submit a plan to accomplish outsourcing 5129 statewide, through a competitive process, phased in over a 3 5130 year period beginning January 1, 2000. This plan must be 5131 developed with local community participation, including, but not 5132 limited to, input from community-based providers that are 5133 currently under contract with the department to furnish 5134 community-based foster care and related services, and must 5135 include a methodology for determining and transferring all 5136 available funds, including federal funds that the provider is 5137 eligible for and agrees to earn and that portion of general 5138 revenue funds which is currently associated with the services 5139 that are being furnished under contract. The methodology must 5140 provide for the transfer of funds appropriated and budgeted for 5141 all services and programs that have been incorporated into the 5142 project, including all management, capital (including current 5143 furniture and equipment), and administrative funds to accomplish 5144 the transfer of these programs. This methodology must address 5145 expected workload and at least the 3 previous years’ experience 5146 in expenses and workload. With respect to any district or 5147 portion of a district in which outsourcing cannot be 5148 accomplished within the 3-year timeframe, the department must 5149 clearly state in its plan the reasons the timeframe cannot be 5150 met and the efforts that should be made to remediate the 5151 obstacles, which may include alternatives to total outsourcing, 5152 such as public-private partnerships. As used in this section, 5153 the term “related services” includes, but is not limited to, 5154 family preservation, independent living, emergency shelter, 5155 residential group care, foster care, therapeutic foster care, 5156 intensive residential treatment, foster care supervision, case 5157 management, postplacement supervision, permanent foster care, 5158 and family reunification. Unless otherwise provided for, the 5159 state attorney shall provide child welfare legal services, 5160 pursuant to chapter 39 and other relevant provisions, in 5161 Pinellas and Pasco Counties. When a private nonprofit agency has 5162 received case management responsibilities, transferred from the 5163 state under this section, for a child who is sheltered or found 5164 to be dependent and who is assigned to the care of the 5165 outsourcing project, the agency may act as the child’s guardian 5166 for the purpose of registering the child in school if a parent 5167 or guardian of the child is unavailable and his or her 5168 whereabouts cannot reasonably be ascertained. The private 5169 nonprofit agency may also seek emergency medical attention for 5170 such a child, but only if a parent or guardian of the child is 5171 unavailable, his or her whereabouts cannot reasonably be 5172 ascertained, and a court order for such emergency medical 5173 services cannot be obtained because of the severity of the 5174 emergency or because it is after normal working hours. However, 5175 the provider may not consent to sterilization, abortion, or 5176 termination of life support. If a child’s parents’ rights have 5177 been terminated, the nonprofit agency shall act as guardian of 5178 the child in all circumstances. 5179 (e) As used in this section, the term “eligible lead 5180 community-based provider” means a single agency with which the 5181 department shall contract for the provision of child protective 5182 services in a community that is no smaller than a county. The 5183 secretary of the department may authorize more than one eligible 5184 lead community-based provider within a single county when to do 5185 so will result in more effective delivery of foster care and 5186 related services. To compete for an outsourcing project, such 5187 agency must have: 5188 1. The ability to coordinate, integrate, and manage all 5189 child protective services in the designated community in 5190 cooperation with child protective investigations. 5191 2. The ability to ensure continuity of care from entry to 5192 exit for all children referred from the protective investigation 5193 and court systems. 5194 3. The ability to provide directly, or contract for through 5195 a local network of providers, all necessary child protective 5196 services. Such agencies should directly provide no more than 35 5197 percent of all child protective services provided. 5198 4. The willingness to accept accountability for meeting the 5199 outcomes and performance standards related to child protective 5200 services established by the Legislature and the Federal 5201 Government. 5202 5. The capability and the willingness to serve all children 5203 referred to it from the protective investigation and court 5204 systems, regardless of the level of funding allocated to the 5205 community by the state, provided all related funding is 5206 transferred. 5207 6. The willingness to ensure that each individual who 5208 provides child protective services completes the training 5209 required of child protective service workers by the Department 5210 of Children and FamiliesFamily Services. 5211 7. The ability to maintain eligibility to receive all 5212 federal child welfare funds, including Title IV-E and IV-A 5213 funds, currently being used by the Department of Children and 5214 FamiliesFamily Services. 5215 8. Written agreements with Healthy Families Florida lead 5216 entities in their community, pursuant to s. 409.153, to promote 5217 cooperative planning for the provision of prevention and 5218 intervention services. 5219 9. A board of directors, of which at least 51 percent of 5220 the membership is comprised of persons residing in this state. 5221 Of the state residents, at least 51 percent must also reside 5222 within the service area of the lead community-based provider. 5223 (5)(a) The community-based agency must comply with 5224 statutory requirements and agency rules in the provision of 5225 contractual services. Each foster home, therapeutic foster home, 5226 emergency shelter, or other placement facility operated by the 5227 community-based agency or agencies must be licensed by the 5228 Department of Children and FamiliesFamily Servicesunder 5229 chapter 402 or this chapter. Each community-based agency must be 5230 licensed as a child-caring or child-placing agency by the 5231 department under this chapter. The department, in order to 5232 eliminate or reduce the number of duplicate inspections by 5233 various program offices, shall coordinate inspections required 5234 pursuant to licensure of agencies under this section. 5235 (6) Beginning January 1, 1999, and continuing at least 5236 through June 30, 2000, the Department of Children and Families 5237Family Servicesshall outsource all foster care and related 5238 services in district 5 while continuing to contract with the 5239 current model programs in districts 1, 4, and 13, and in 5240 subdistrict 8A, and shall expand the subdistrict 8A pilot 5241 program to incorporate Manatee County. Planning for the district 5242 5 outsourcing shall be done by providers that are currently 5243 under contract with the department for foster care and related 5244 services and shall be done in consultation with the department. 5245 A lead provider of the district 5 program shall be competitively 5246 selected, must demonstrate the ability to provide necessary 5247 comprehensive services through a local network of providers, and 5248 must meet criteria established in this section. Contracts with 5249 organizations responsible for the model programs must include 5250 the management and administration of all outsourced services 5251 specified in subsection (1). However, the department may use 5252 funds for contract management only after obtaining written 5253 approval from the Executive Office of the Governor. The request 5254 for such approval must include, but is not limited to, a 5255 statement of the proposed amount of such funds and a description 5256 of the manner in which such funds will be used. If the 5257 community-based organization selected for a model program under 5258 this subsection is not a Medicaid provider, the organization 5259 shall be issued a Medicaid provider number pursuant to s. 5260 409.907 for the provision of services currently authorized under 5261 the state Medicaid plan to those children encompassed in this 5262 model and in a manner not to exceed the current level of state 5263 expenditure. 5264 (16) A lead community-based provider and its subcontractors 5265 are exempt from including in written contracts and other written 5266 documents the statement “sponsored by the State of Florida” or 5267 the logo of the Department of Children and FamiliesFamily5268Services, otherwise required in s. 286.25, unless the lead 5269 community-based provider or its subcontractors receive more than 5270 35 percent of their total funding from the state. 5271 Section 177. Section 409.16715, Florida Statutes, is 5272 amended to read: 5273 409.16715 Therapy treatments designed to mitigate out-of 5274 home placement for dependent children.—The Department of 5275 Children and FamiliesFamily Servicesmay serve dependent 5276 children deemed to be in need of family-centered, cognitive 5277 behavioral interventions designed to mitigate out-of-home 5278 placements. Treatment services may be evidenced-based with 5279 family therapy and group therapy components for youth for whom 5280 these services are appropriate. Dependent youth at risk of out 5281 of-home placement or currently within the foster care system are 5282 eligible for these family therapy and group therapy services. 5283 The services shall be provided as an alternative to specialized 5284 therapeutic foster or group care. A child who has been 5285 adjudicated delinquent, had adjudication withheld, or committed 5286 any violent crime, except for females adjudicated delinquent for 5287 domestic violence, any first-degree felony, or any felony 5288 direct-filed in adult court, may not be served by the program. 5289 The department and each participating dependency court may 5290 jointly develop eligibility criteria to identify youth 5291 appropriate for services in this program. 5292 Section 178. Section 409.16745, Florida Statutes, is 5293 amended to read: 5294 409.16745 Community partnership matching grant program.—It 5295 is the intent of the Legislature to improve services and local 5296 participation in community-based care initiatives by fostering 5297 community support and providing enhanced prevention and in-home 5298 services, thereby reducing the risk otherwise faced by lead 5299 agencies. There is established a community partnership matching 5300 grant program to be operated by the Department of Children and 5301 FamiliesFamily Servicesfor the purpose of encouraging local 5302 participation in community-based care for child welfare. Any 5303 children’s services council or other local government entity 5304 that makes a financial commitment to a community-based care lead 5305 agency is eligible for a grant upon proof that the children’s 5306 services council or local government entity has provided the 5307 selected lead agency at least $250,000 from any local resources 5308 otherwise available to it. The total amount of local 5309 contribution may be matched on a two-for-one basis up to a 5310 maximum amount of $2 million per council or local government 5311 entity. Awarded matching grant funds may be used for any 5312 prevention or in-home services provided by the children’s 5313 services council or other local government entity that meets 5314 temporary-assistance-for-needy-families’ eligibility 5315 requirements and can be reasonably expected to reduce the number 5316 of children entering the child welfare system. Funding available 5317 for the matching grant program is subject to legislative 5318 appropriation of nonrecurring funds provided for the purpose. 5319 Section 179. Subsection (1) of section 409.1675, Florida 5320 Statutes, is amended to read: 5321 409.1675 Lead community-based providers; receivership.— 5322 (1) The Department of Children and FamiliesFamily Services5323 may petition a court of competent jurisdiction for the 5324 appointment of a receiver for a lead community-based provider 5325 established pursuant to s. 409.1671 when any of the following 5326 conditions exist: 5327 (a) The lead community-based provider is operating without 5328 a license as a child-placing agency. 5329 (b) The lead community-based provider has given less than 5330 120 days’ notice of its intent to cease operations, and 5331 arrangements have not been made for another lead community-based 5332 provider or for the department to continue the uninterrupted 5333 provision of services. 5334 (c) The department determines that conditions exist in the 5335 lead community-based provider which present an imminent danger 5336 to the health, safety, or welfare of the dependent children 5337 under that provider’s care or supervision. Whenever possible, 5338 the department shall make a reasonable effort to facilitate the 5339 continued operation of the program. 5340 (d) The lead community-based provider cannot meet its 5341 current financial obligations to its employees, contractors, or 5342 foster parents. Issuance of bad checks or the existence of 5343 delinquent obligations for payment of salaries, utilities, or 5344 invoices for essential services or commodities shall constitute 5345 prima facie evidence that the lead community-based provider 5346 lacks the financial ability to meet its financial obligations. 5347 Section 180. Subsection (1) of section 409.1676, Florida 5348 Statutes, is amended to read: 5349 409.1676 Comprehensive residential group care services to 5350 children who have extraordinary needs.— 5351 (1) It is the intent of the Legislature to provide 5352 comprehensive residential group care services, including 5353 residential care, case management, and other services, to 5354 children in the child protection system who have extraordinary 5355 needs. These services are to be provided in a residential group 5356 care setting by a not-for-profit corporation or a local 5357 government entity under a contract with the Department of 5358 Children and FamiliesFamily Servicesor by a lead agency as 5359 described in s. 409.1671. These contracts should be designed to 5360 provide an identified number of children with access to a full 5361 array of services for a fixed price. Further, it is the intent 5362 of the Legislature that the Department of Children and Families 5363Family Servicesand the Department of Juvenile Justice establish 5364 an interagency agreement by December 1, 2002, which describes 5365 respective agency responsibilities for referral, placement, 5366 service provision, and service coordination for dependent and 5367 delinquent youth who are referred to these residential group 5368 care facilities. The agreement must require interagency 5369 collaboration in the development of terms, conditions, and 5370 performance outcomes for residential group care contracts 5371 serving the youth referred who have been adjudicated both 5372 dependent and delinquent. 5373 Section 181. Subsection (2) of section 409.1679, Florida 5374 Statutes, is amended to read: 5375 409.1679 Additional requirements; reimbursement 5376 methodology.— 5377 (2) Notwithstanding the provisions of s. 409.141, the 5378 Department of Children and FamiliesFamily Servicesshall fairly 5379 and reasonably reimburse the programs established under ss. 5380 409.1676 and 409.1677 based on a prospective per diem rate, 5381 which must be specified annually in the General Appropriations 5382 Act. Funding for these programs shall be made available from 5383 resources appropriated and identified in the General 5384 Appropriations Act. 5385 Section 182. Paragraph (a) of subsection (15) and 5386 subsection (16) of section 409.175, Florida Statutes, are 5387 amended to read: 5388 409.175 Licensure of family foster homes, residential 5389 child-caring agencies, and child-placing agencies; public 5390 records exemption.— 5391 (15)(a) The Division of Risk Management of the Department 5392 of Financial Services shall provide coverage through the 5393 Department of Children and FamiliesFamily Servicesto any 5394 person who owns or operates a family foster home solely for the 5395 Department of Children and FamiliesFamily Servicesand who is 5396 licensed to provide family foster home care in her or his place 5397 of residence. The coverage shall be provided from the general 5398 liability account of the State Risk Management Trust Fund, and 5399 the coverage shall be primary. The coverage is limited to 5400 general liability claims arising from the provision of family 5401 foster home care pursuant to an agreement with the department 5402 and pursuant to guidelines established through policy, rule, or 5403 statute. Coverage shall be limited as provided in ss. 284.38 and 5404 284.385, and the exclusions set forth therein, together with 5405 other exclusions as may be set forth in the certificate of 5406 coverage issued by the trust fund, shall apply. A person covered 5407 under the general liability account pursuant to this subsection 5408 shall immediately notify the Division of Risk Management of the 5409 Department of Financial Services of any potential or actual 5410 claim. 5411 (16)(a)1. The following information held by the Department 5412 of Children and FamiliesFamily Servicesregarding a foster 5413 parent applicant and such applicant’s spouse, minor child, and 5414 other adult household member is exempt from s. 119.07(1) and s. 5415 24(a), Art. I of the State Constitution: 5416 a. The home, business, work, child care, or school 5417 addresses and telephone numbers; 5418 b. Birth dates; 5419 c. Medical records; 5420 d. The floor plan of the home; and 5421 e. Photographs of such persons. 5422 2. If a foster parent applicant does not receive a foster 5423 parent license, the information made exempt pursuant to this 5424 paragraph shall become public 5 years after the date of 5425 application, except that medical records shall remain exempt 5426 from s. 119.07(1) and s. 24(a), Art. I of the State 5427 Constitution. 5428 3. This exemption applies to information made exempt by 5429 this paragraph before, on, or after the effective date of the 5430 exemption. 5431 (b)1. The following information held by the Department of 5432 Children and FamiliesFamily Servicesregarding a licensed 5433 foster parent and the foster parent’s spouse, minor child, and 5434 other adult household member is exempt from s. 119.07(1) and s. 5435 24(a), Art. I of the State Constitution: 5436 a. The home, business, work, child care, or school 5437 addresses and telephone numbers; 5438 b. Birth dates; 5439 c. Medical records; 5440 d. The floor plan of the home; and 5441 e. Photographs of such persons. 5442 2. If a foster parent’s license is no longer active, the 5443 information made exempt pursuant to this paragraph shall become 5444 public 5 years after the expiration date of such foster parent’s 5445 foster care license except that: 5446 a. Medical records shall remain exempt from s. 119.07(1) 5447 and s. 24(a), Art. I of the State Constitution. 5448 b. Exempt information regarding a licensed foster parent 5449 who has become an adoptive parent and exempt information 5450 regarding such foster parent’s spouse, minor child, or other 5451 adult household member shall remain exempt from s. 119.07(1) and 5452 s. 24(a), Art. I of the State Constitution. 5453 3. This exemption applies to information made exempt by 5454 this paragraph before, on, or after the effective date of the 5455 exemption. 5456 (c) The name, address, and telephone number of persons 5457 providing character or neighbor references regarding foster 5458 parent applicants or licensed foster parents held by the 5459 Department of Children and FamiliesFamily Servicesare exempt 5460 from s. 119.07(1) and s. 24(a), Art. I of the State 5461 Constitution. 5462 Section 183. Paragraphs (a) and (b) of subsection (3) and 5463 paragraph (a) of subsection (4) of section 409.1755, Florida 5464 Statutes, are amended to read: 5465 409.1755 One Church, One Child of Florida Corporation Act; 5466 creation; duties.— 5467 (3) CORPORATION AUTHORIZATION; DUTIES; POWERS.— 5468 (a) There is hereby authorized the “One Church, One Child 5469 of Florida Corporation,” which shall operate as a not-for-profit 5470 corporation and shall be located within the Department of 5471 Children and FamiliesFamily Servicesfor administrative 5472 purposes. The department shall provide administrative support 5473 and services to the corporation to the extent requested by the 5474 executive director and to the extent that resources are 5475 available. 5476 (b) The corporation shall: 5477 1. Provide for community awareness and involvement by 5478 utilizing the resources of black churches to help find permanent 5479 homes for black children available for adoption. 5480 2. Develop, monitor, and evaluate projects designed to 5481 address problems associated with the child welfare system, 5482 especially those issues affecting black children. 5483 3. Develop beneficial programs that shall include, but not 5484 be limited to, community education, cultural relations training, 5485 family support, transition support groups, counseling, parenting 5486 skills and education, legal and other adoption-related costs, 5487 and any other activities that will enhance and support the 5488 adopted child’s transition into permanency. 5489 4. Provide training and technical assistance to community 5490 organizations such as black churches, social service agencies, 5491 and other organizations that assist in identifying prospective 5492 parents willing to adopt. 5493 5. Provide, in conjunction with the Department of Children 5494 and FamiliesFamily Services, a summary to the Legislature by 5495 September 1 of each year on the status of the corporation. 5496 6. Secure staff necessary to properly administer the 5497 corporation. Staff costs shall be funded from general revenue, 5498 grant funds, and state and private donations. The board of 5499 directors is authorized to determine the number of staff 5500 necessary to administer the corporation, but the staff shall 5501 include, at a minimum, an executive director and a staff 5502 assistant. 5503 (4) BOARD OF DIRECTORS.— 5504 (a) The One Church, One Child of Florida Corporation shall 5505 operate subject to the supervision and approval of a board of 5506 directors consisting of 23 members, with two directors 5507 representing each service district of the Department of Children 5508 and FamiliesFamily Servicesand one director who shall be an 5509 at-large member. 5510 Section 184. Paragraphs (a) and (j) of subsection (4) of 5511 section 409.221, Florida Statutes, are amended to read: 5512 409.221 Consumer-directed care program.— 5513 (4) CONSUMER-DIRECTED CARE.— 5514 (a) Program established.—The Agency for Health Care 5515 Administration shall establish the consumer-directed care 5516 program which shall be based on the principles of consumer 5517 choice and control. The agency shall implement the program upon 5518 federal approval. The agency shall establish interagency 5519 cooperative agreements with and shall work with the Departments 5520 of Elderly Affairs, Health, and Children and FamiliesFamily5521Servicesand the Agency for Persons with Disabilities to 5522 implement and administer the program. The program shall allow 5523 enrolled persons to choose the providers of services and to 5524 direct the delivery of services, to best meet their long-term 5525 care needs. The program must operate within the funds 5526 appropriated by the Legislature. 5527 (j) Rules; federal waivers.—In order to implement this 5528 section: 5529 1. The agency and the Departments of Elderly Affairs, 5530 Health, and Children and FamiliesFamily Servicesand the Agency 5531 for Persons with Disabilities are authorized to adopt and 5532 enforce rules. 5533 2. The agency shall take all necessary action to ensure 5534 state compliance with federal regulations. The agency shall 5535 apply for any necessary federal waivers or waiver amendments 5536 needed to implement the program. 5537 Section 185. Section 409.2355, Florida Statutes, is amended 5538 to read: 5539 409.2355 Programs for prosecution of males over age 21 who 5540 commit certain offenses involving girls under age 16.—Subject to 5541 specific appropriated funds, the Department of Children and 5542 FamiliesFamily Servicesis directed to establish a program by 5543 which local communities, through the state attorney’s office of 5544 each judicial circuit, may apply for grants to fund innovative 5545 programs for the prosecution of males over the age of 21 who 5546 victimize girls under the age of 16 in violation of s. 794.011, 5547 s. 794.05, s. 800.04, s. 827.04(3), or s. 847.0135(5). 5548 Section 186. Subsection (3) of section 409.2572, Florida 5549 Statutes, is amended to read: 5550 409.2572 Cooperation.— 5551 (3) The Title IV-D staff of the department shall be 5552 responsible for determining and reporting to the staff of the 5553 Department of Children and FamiliesFamily Servicesacts of 5554 noncooperation by applicants or recipients of public assistance. 5555 Any person who applies for or is receiving public assistance 5556 for, or who has the care, custody, or control of, a dependent 5557 child and who without good cause fails or refuses to cooperate 5558 with the department, a program attorney, or a prosecuting 5559 attorney in the course of administering this chapter shall be 5560 sanctioned by the Department of Children and FamiliesFamily5561Servicespursuant to chapter 414 and is ineligible to receive 5562 public assistance until such time as the department determines 5563 cooperation has been satisfactory. 5564 Section 187. Section 409.2577, Florida Statutes, is amended 5565 to read: 5566 409.2577 Parent locator service.—The department shall 5567 establish a parent locator service to assist in locating parents 5568 who have deserted their children and other persons liable for 5569 support of dependent children. The department shall use all 5570 sources of information available, including the Federal Parent 5571 Locator Service, and may request and shall receive information 5572 from the records of any person or the state or any of its 5573 political subdivisions or any officer thereof. Any agency as 5574 defined in s. 120.52, any political subdivision, and any other 5575 person shall, upon request, provide the department any 5576 information relating to location, salary, insurance, social 5577 security, income tax, and employment history necessary to locate 5578 parents who owe or potentially owe a duty of support pursuant to 5579 Title IV-D of the Social Security Act. This provision shall 5580 expressly take precedence over any other statutory nondisclosure 5581 provision which limits the ability of an agency to disclose such 5582 information, except that law enforcement information as provided 5583 in s. 119.071(4)(d) is not required to be disclosed, and except 5584 that confidential taxpayer information possessed by the 5585 Department of Revenue shall be disclosed only to the extent 5586 authorized in s. 213.053(16). Nothing in this section requires 5587 the disclosure of information if such disclosure is prohibited 5588 by federal law. Information gathered or used by the parent 5589 locator service is confidential and exempt from the provisions 5590 of s. 119.07(1). Additionally, the department is authorized to 5591 collect any additional information directly bearing on the 5592 identity and whereabouts of a person owing or asserted to be 5593 owing an obligation of support for a dependent child. The 5594 department shall, upon request, make information available only 5595 to public officials and agencies of this state; political 5596 subdivisions of this state, including any agency thereof 5597 providing child support enforcement services to non-Title IV-D 5598 clients; the parent owed support, legal guardian, attorney, or 5599 agent of the child; and other states seeking to locate parents 5600 who have deserted their children and other persons liable for 5601 support of dependents, for the sole purpose of establishing, 5602 modifying, or enforcing their liability for support, and shall 5603 make such information available to the Department of Children 5604 and FamiliesFamily Servicesfor the purpose of diligent search 5605 activities pursuant to chapter 39. If the department has 5606 reasonable evidence of domestic violence or child abuse and the 5607 disclosure of information could be harmful to the parent owed 5608 support or the child of such parent, the child support program 5609 director or designee shall notify the Department of Children and 5610 FamiliesFamily Servicesand the Secretary of the United States 5611 Department of Health and Human Services of this evidence. Such 5612 evidence is sufficient grounds for the department to disapprove 5613 an application for location services. 5614 Section 188. Section 409.2599, Florida Statutes, is amended 5615 to read: 5616 409.2599 Data processing services; interagency agreement. 5617 The Department of Children and FamiliesFamily Servicesshall 5618 provide to the child support enforcement program in the 5619 Department of Revenue data processing services that meet the 5620 standards for federal certification pursuant to an interagency 5621 agreement. 5622 Section 189. Subsections (1) and (2) of section 409.285, 5623 Florida Statutes, are amended to read: 5624 409.285 Opportunity for hearing and appeal.— 5625 (1) If an application for public assistance is not acted 5626 upon within a reasonable time after the filing of the 5627 application, or is denied in whole or in part, or if an 5628 assistance payment is modified or canceled, the applicant or 5629 recipient may appeal the decision to the Department of Children 5630 and FamiliesFamily Servicesin the manner and form prescribed 5631 by the department. 5632 (2) The hearing authority may be the Secretary of Children 5633 and FamiliesFamily Services, a panel of department officials, 5634 or a hearing officer appointed for that purpose. The hearing 5635 authority is responsible for a final administrative decision in 5636 the name of the department on all issues that have been the 5637 subject of a hearing. With regard to the department, the 5638 decision of the hearing authority is final and binding. The 5639 department is responsible for seeing that the decision is 5640 carried out promptly. 5641 Section 190. Subsections (1) and (2) of section 409.403, 5642 Florida Statutes, are amended to read: 5643 409.403 Definitions; Interstate Compact on the Placement of 5644 Children.— 5645 (1) The “appropriate public authorities” as used in Article 5646 III of the Interstate Compact on the Placement of Children 5647 shall, with reference to this state, mean the Department of 5648 Children and FamiliesFamily Services, and said department shall 5649 receive and act with reference to notices required by said 5650 Article III. 5651 (2) As used in paragraph (a) of Article V of the Interstate 5652 Compact on the Placement of Children, the phrase “appropriate 5653 authority in the receiving state” with reference to this state 5654 shall mean the Department of Children and FamiliesFamily5655Services. 5656 Section 191. Subsection (1) of section 409.404, Florida 5657 Statutes, is amended to read: 5658 409.404 Agreements between party state officers and 5659 agencies.— 5660 (1) The officers and agencies of this state and its 5661 subdivisions having authority to place children are hereby 5662 empowered to enter into agreements with appropriate officers or 5663 agencies of or in other party states pursuant to paragraph (b) 5664 of Article V of the Interstate Compact on the Placement of 5665 Children, s. 409.401. Any such agreement which contains a 5666 financial commitment or imposes a financial obligation on this 5667 state or subdivision or agency thereof shall not be binding 5668 unless it has the approval in writing of the Secretary of 5669 Children and FamiliesFamily Servicesin the case of the state. 5670 Section 192. Section 409.406, Florida Statutes, is amended 5671 to read: 5672 409.406 Interstate Compact on Adoption and Medical 5673 Assistance.—The Interstate Compact on Adoption and Medical 5674 Assistance is enacted into law and entered into with all other 5675 jurisdictions legally joining therein in form substantially as 5676 follows: 5677 5678 INTERSTATE COMPACT ON 5679 ADOPTION AND MEDICAL ASSISTANCE 5680 5681 ARTICLE I. Findings 5682 5683 The Legislature finds that: 5684 (a) Special measures are required to find adoptive families 5685 for children for whom state assistance is desirable pursuant to 5686 s. 409.166 and to assure the protection of the interest of the 5687 children affected during the entire assistance period when the 5688 adoptive parents move to another state or are residents of 5689 another state. 5690 (b) The providers of medical and other necessary services 5691 for children who benefit from state assistance encounter special 5692 difficulties when the provision of services takes place in other 5693 states. 5694 5695 ARTICLE II. Purposes 5696 5697 The purposes of the act are to: 5698 (a) Authorize the Department of Children and Families 5699Family Servicesto enter into interstate agreements with 5700 agencies of other states to protect children for whom it 5701 provides adoption assistance. 5702 (b) Provide procedures for interstate children’s adoption 5703 assistance payments, including medical payments. 5704 5705 ARTICLE III. Definitions 5706 5707 As used in this compact, the term: 5708 (a) “Agency” means the Agency for Health Care 5709 Administration. 5710 (b) “Department” means the Florida Department of Children 5711 and FamiliesFamily Services. 5712 (c) “State” means a state of the United States, the 5713 District of Columbia, the Commonwealth of Puerto Rico, the 5714 United States Virgin Islands, Guam, the Commonwealth of the 5715 Northern Mariana Islands, or a territory or possession of or 5716 administered by the United States. 5717 (d) “Adoption-assistance state” means the state that is 5718 signatory to an adoption-assistance agreement in a particular 5719 case. 5720 (e) “Residence state” means the state where the child 5721 resides. 5722 (f) “Medical assistance” means the medical-assistance 5723 program authorized by Title XIX of the Social Security Act. 5724 5725 ARTICLE IV. Compacts Authorized 5726 5727 The Department of Children and FamiliesFamily Services, by 5728 and through its secretary, may participate in the development of 5729 and negotiate and enter into interstate compacts on behalf of 5730 this state with other states to implement the purposes of this 5731 act. Such a compact has the force and effect of law. 5732 5733 ARTICLE V. Contents of Compacts 5734 5735 A compact entered into under this act must have the 5736 following content: 5737 (a) A provision making it available for joinder by all 5738 states; 5739 (b) A provision for withdrawal from the compact upon 5740 written notice to the parties, but with a period of 1 year 5741 between the date of the notice and the effective date of the 5742 withdrawal; 5743 (c) A requirement that the protections afforded under the 5744 compact continue in force for the duration of the adoption 5745 assistance and are applicable to all children and their adoptive 5746 parents who, on the effective date of the withdrawal, are 5747 receiving adoption assistance from a party state other than the 5748 one in which they are residents and have their principal place 5749 of abode; 5750 (d) A requirement that each instance of adoption assistance 5751 to which the compact applies be covered by an adoption 5752 assistance agreement in writing between the adoptive parents and 5753 the state child welfare agency of the state which undertakes to 5754 provide the adoption assistance and, further, that any such 5755 agreement be expressly for the benefit of the adopted child and 5756 enforceable by the adoptive parents and the state agency 5757 providing the adoption assistance; and 5758 (e) Such other provisions as are appropriate to the proper 5759 administration of the compact. 5760 5761 ARTICLE VI. Optional Contents 5762 of Compacts 5763 5764 A compact entered into under this section may contain 5765 provisions in addition to those required by Article V, as 5766 follows: 5767 (a) Provisions establishing procedures and entitlement to 5768 medical and other necessary social services for the child in 5769 accordance with applicable laws, even though the child and the 5770 adoptive parents are in a state other than the one responsible 5771 for or providing the services, or the funds to defray part or 5772 all of the costs thereof; and 5773 (b) Such other provisions as are appropriate or incidental 5774 to the proper administration of the compact. 5775 5776 ARTICLE VII. Medical Assistance 5777 5778 (a) A child with special needs who is a resident of this 5779 state and who is the subject of an adoption-assistance agreement 5780 with another state is entitled to receive a medical-assistance 5781 identification from this state upon the filing with the agency 5782 of a certified copy of the adoption-assistance agreement 5783 obtained from the adoption-assistance state. Pursuant to rules 5784 of the agency, the adoptive parents shall at least annually show 5785 that the agreement is still in force or has been renewed. 5786 (b) The terms of the compact entered into by the department 5787 apply to children who are the subject of federal adoption 5788 assistance agreements. The state will provide the benefits under 5789 this section to children who are the subject of a state 5790 adoption-assistance agreement, upon the determination by the 5791 department and the agency that the adoption-assistance state is 5792 a party to the compact and has reciprocity in provision of 5793 medical assistance to state adoption-assistance children. 5794 (c) The agency shall consider the holder of a medical 5795 assistance identification pursuant to this section as any other 5796 holder of a medical-assistance identification under the laws of 5797 this state and shall process and make payment on claims on 5798 behalf of such holder in the same manner and under the same 5799 conditions and procedures established for other recipients of 5800 medical assistance. 5801 (d) The provisions of this article apply only to medical 5802 assistance for children under adoption-assistance agreements 5803 from a state that has entered into a compact with this state 5804 under which the other state provided medical assistance to 5805 children with special needs under adoption-assistance agreements 5806 made by this state. All other children entitled to medical 5807 assistance pursuant to an adoption-assistance agreement entered 5808 into by this state are eligible to receive such assistance under 5809 the laws and procedures applicable thereto. 5810 (e) The department shall adopt rules necessary for 5811 administering this section. 5812 5813 ARTICLE VIII. Federal Participation 5814 5815 Consistent with federal law, the department and the agency, 5816 in administering this act and any compact pursuant to this act, 5817 must include in any state plan made pursuant to the Adoption 5818 Assistance and Child Welfare Act of 1980 (Pub. L. No. 96-272), 5819 Titles IV(E) and XIX of the Social Security Act, and any other 5820 applicable federal laws, the provision of adoption assistance 5821 and medical assistance for which the Federal Government pays 5822 some or all of the cost. The department and the agency shall 5823 apply for and administer all relevant federal aid in accordance 5824 with law. 5825 Section 193. Section 409.407, Florida Statutes, is amended 5826 to read: 5827 409.407 Interstate agreements between the Department of 5828 Children and FamiliesFamily Servicesand agencies of other 5829 states.—The Department of Children and FamiliesFamily Services, 5830 which is authorized to enter into interstate agreements with 5831 agencies of other states for the implementation of the purposes 5832 of the Interstate Compact on Adoption and Medical Assistance 5833 pursuant to s. 409.406, may not expand the financial commitment 5834 of the state beyond the financial obligation of the adoption 5835 assistance agreements and Medicaid. 5836 Section 194. Section 409.4101, Florida Statutes, is amended 5837 to read: 5838 409.4101 Rulemaking authority.—Following entry into the new 5839 Interstate Compact for the Placement of Children by this state 5840 pursuant to ss. 409.408 and 409.409, any rules adopted by the 5841 Interstate Commission shall not be binding unless also adopted 5842 by this state through the rulemaking process. The Department of 5843 Children and FamiliesFamily Servicesshall have rulemaking 5844 authority pursuant to ss. 120.536(1) and 120.54 to implement the 5845 provisions of the Interstate Compact for the Placement of 5846 Children created under s. 409.408. 5847 Section 195. Paragraph (a) of subsection (2) of section 5848 409.441, Florida Statutes, is amended to read: 5849 409.441 Runaway youth programs and centers.— 5850 (2) DEFINITIONS.— 5851 (a) “Department” means the Department of Children and 5852 FamiliesFamily Services. 5853 Section 196. Subsection (2) of section 409.813, Florida 5854 Statutes, is amended to read: 5855 409.813 Health benefits coverage; program components; 5856 entitlement and nonentitlement.— 5857 (2) Except for Title XIX-funded Florida Kidcare program 5858 coverage under the Medicaid program, coverage under the Florida 5859 Kidcare program is not an entitlement. No cause of action shall 5860 arise against the state, the department, the Department of 5861 Children and FamiliesFamily Services, or the agency for failure 5862 to make health services available to any person under ss. 5863 409.810-409.821. 5864 Section 197. Section 409.8135, Florida Statutes, is amended 5865 to read: 5866 409.8135 Behavioral health services.—In order to ensure a 5867 high level of integration of physical and behavioral health care 5868 and to meet the more intensive treatment needs of enrollees with 5869 the most serious emotional disturbances or substance abuse 5870 problems, the Department of Health shall contract with the 5871 Department of Children and FamiliesFamily Servicesto provide 5872 behavioral health services to non-Medicaid-eligible children 5873 with special health care needs. The Department of Children and 5874 FamiliesFamily Services, in consultation with the Department of 5875 Health and the agency, is authorized to establish the following: 5876 (1) The scope of behavioral health services, including 5877 duration and frequency. 5878 (2) Clinical guidelines for referral to behavioral health 5879 services. 5880 (3) Behavioral health services standards. 5881 (4) Performance-based measures and outcomes for behavioral 5882 health services. 5883 (5) Practice guidelines for behavioral health services to 5884 ensure cost-effective treatment and to prevent unnecessary 5885 expenditures. 5886 (6) Rules to implement this section. 5887 Section 198. Subsection (1) of section 409.8177, Florida 5888 Statutes, is amended to read: 5889 409.8177 Program evaluation.— 5890 (1) The agency, in consultation with the Department of 5891 Health, the Department of Children and FamiliesFamily Services, 5892 and the Florida Healthy Kids Corporation, shall contract for an 5893 evaluation of the Florida Kidcare program and shall by January 1 5894 of each year submit to the Governor, the President of the 5895 Senate, and the Speaker of the House of Representatives a report 5896 of the program. In addition to the items specified under s. 2108 5897 of Title XXI of the Social Security Act, the report shall 5898 include an assessment of crowd-out and access to health care, as 5899 well as the following: 5900 (a) An assessment of the operation of the program, 5901 including the progress made in reducing the number of uncovered 5902 low-income children. 5903 (b) An assessment of the effectiveness in increasing the 5904 number of children with creditable health coverage, including an 5905 assessment of the impact of outreach. 5906 (c) The characteristics of the children and families 5907 assisted under the program, including ages of the children, 5908 family income, and access to or coverage by other health 5909 insurance prior to the program and after disenrollment from the 5910 program. 5911 (d) The quality of health coverage provided, including the 5912 types of benefits provided. 5913 (e) The amount and level, including payment of part or all 5914 of any premium, of assistance provided. 5915 (f) The average length of coverage of a child under the 5916 program. 5917 (g) The program’s choice of health benefits coverage and 5918 other methods used for providing child health assistance. 5919 (h) The sources of nonfederal funding used in the program. 5920 (i) An assessment of the effectiveness of the Florida 5921 Kidcare program, including Medicaid, the Florida Healthy Kids 5922 program, Medikids, and the Children’s Medical Services network, 5923 and other public and private programs in the state in increasing 5924 the availability of affordable quality health insurance and 5925 health care for children. 5926 (j) A review and assessment of state activities to 5927 coordinate the program with other public and private programs. 5928 (k) An analysis of changes and trends in the state that 5929 affect the provision of health insurance and health care to 5930 children. 5931 (l) A description of any plans the state has for improving 5932 the availability of health insurance and health care for 5933 children. 5934 (m) Recommendations for improving the program. 5935 (n) Other studies as necessary. 5936 Section 199. Subsection (1), paragraphs (a), (b), and (c) 5937 of subsection (2), and subsection (6) of section 409.818, 5938 Florida Statutes, are amended to read: 5939 409.818 Administration.—In order to implement ss. 409.810 5940 409.821, the following agencies shall have the following duties: 5941 (1) The Department of Children and FamiliesFamily Services5942 shall: 5943 (a) Develop a simplified eligibility application mail-in 5944 form to be used for determining the eligibility of children for 5945 coverage under the Florida Kidcare program, in consultation with 5946 the agency, the Department of Health, and the Florida Healthy 5947 Kids Corporation. The simplified eligibility application form 5948 must include an item that provides an opportunity for the 5949 applicant to indicate whether coverage is being sought for a 5950 child with special health care needs. Families applying for 5951 children’s Medicaid coverage must also be able to use the 5952 simplified application form without having to pay a premium. 5953 (b) Establish and maintain the eligibility determination 5954 process under the program except as specified in subsection (5). 5955 The department shall directly, or through the services of a 5956 contracted third-party administrator, establish and maintain a 5957 process for determining eligibility of children for coverage 5958 under the program. The eligibility determination process must be 5959 used solely for determining eligibility of applicants for health 5960 benefits coverage under the program. The eligibility 5961 determination process must include an initial determination of 5962 eligibility for any coverage offered under the program, as well 5963 as a redetermination or reverification of eligibility each 5964 subsequent 6 months. Effective January 1, 1999, a child who has 5965 not attained the age of 5 and who has been determined eligible 5966 for the Medicaid program is eligible for coverage for 12 months 5967 without a redetermination or reverification of eligibility. In 5968 conducting an eligibility determination, the department shall 5969 determine if the child has special health care needs. The 5970 department, in consultation with the Agency for Health Care 5971 Administration and the Florida Healthy Kids Corporation, shall 5972 develop procedures for redetermining eligibility which enable a 5973 family to easily update any change in circumstances which could 5974 affect eligibility. The department may accept changes in a 5975 family’s status as reported to the department by the Florida 5976 Healthy Kids Corporation without requiring a new application 5977 from the family. Redetermination of a child’s eligibility for 5978 Medicaid may not be linked to a child’s eligibility 5979 determination for other programs. 5980 (c) Inform program applicants about eligibility 5981 determinations and provide information about eligibility of 5982 applicants to the Florida Kidcare program and to insurers and 5983 their agents, through a centralized coordinating office. 5984 (d) Adopt rules necessary for conducting program 5985 eligibility functions. 5986 (2) The Department of Health shall: 5987 (a) Design an eligibility intake process for the program, 5988 in coordination with the Department of Children and Families 5989Family Services, the agency, and the Florida Healthy Kids 5990 Corporation. The eligibility intake process may include local 5991 intake points that are determined by the Department of Health in 5992 coordination with the Department of Children and FamiliesFamily5993Services. 5994 (b) Chair a state-level Florida Kidcare coordinating 5995 council to review and make recommendations concerning the 5996 implementation and operation of the program. The coordinating 5997 council shall include representatives from the department, the 5998 Department of Children and FamiliesFamily Services, the agency, 5999 the Florida Healthy Kids Corporation, the Office of Insurance 6000 Regulation of the Financial Services Commission, local 6001 government, health insurers, health maintenance organizations, 6002 health care providers, families participating in the program, 6003 and organizations representing low-income families. 6004 (c) In consultation with the Florida Healthy Kids 6005 Corporation and the Department of Children and FamiliesFamily6006Services, establish a toll-free telephone line to assist 6007 families with questions about the program. 6008 (6) The agency, the Department of Health, the Department of 6009 Children and FamiliesFamily Services, the Florida Healthy Kids 6010 Corporation, and the Office of Insurance Regulation, after 6011 consultation with and approval of the Speaker of the House of 6012 Representatives and the President of the Senate, are authorized 6013 to make program modifications that are necessary to overcome any 6014 objections of the United States Department of Health and Human 6015 Services to obtain approval of the state’s child health 6016 insurance plan under Title XXI of the Social Security Act. 6017 Section 200. Subsections (1) and (3) of section 409.821, 6018 Florida Statutes, are amended to read: 6019 409.821 Florida Kidcare program public records exemption.— 6020 (1) Personal identifying information of a Florida Kidcare 6021 program applicant or enrollee, as defined in s. 409.811, held by 6022 the Agency for Health Care Administration, the Department of 6023 Children and FamiliesFamily Services, the Department of Health, 6024 or the Florida Healthy Kids Corporation is confidential and 6025 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 6026 Constitution. 6027 (3) This exemption applies to any information identifying a 6028 Florida Kidcare program applicant or enrollee held by the Agency 6029 for Health Care Administration, the Department of Children and 6030 FamiliesFamily Services, the Department of Health, or the 6031 Florida Healthy Kids Corporation before, on, or after the 6032 effective date of this exemption. 6033 Section 201. Subsections (3), (16), and (19) of section 6034 409.901, Florida Statutes, are amended to read: 6035 409.901 Definitions; ss. 409.901-409.920.—As used in ss. 6036 409.901-409.920, except as otherwise specifically provided, the 6037 term: 6038 (3) “Applicant” means an individual whose written 6039 application for medical assistance provided by Medicaid under 6040 ss. 409.903-409.906 has been submitted to the Department of 6041 Children and FamiliesFamily Services, or to the Social Security 6042 Administration if the application is for Supplemental Security 6043 Income, but has not received final action. This term includes an 6044 individual, who need not be alive at the time of application, 6045 whose application is submitted through a representative or a 6046 person acting for the individual. 6047 (16) “Medicaid program” means the program authorized under 6048 Title XIX of the federal Social Security Act which provides for 6049 payments for medical items or services, or both, on behalf of 6050 any person who is determined by the Department of Children and 6051 FamiliesFamily Services, or, for Supplemental Security Income, 6052 by the Social Security Administration, to be eligible on the 6053 date of service for Medicaid assistance. 6054 (19) “Medicaid recipient” or “recipient” means an 6055 individual whom the Department of Children and FamiliesFamily6056Services, or, for Supplemental Security Income, by the Social 6057 Security Administration, determines is eligible, pursuant to 6058 federal and state law, to receive medical assistance and related 6059 services for which the agency may make payments under the 6060 Medicaid program. For the purposes of determining third-party 6061 liability, the term includes an individual formerly determined 6062 to be eligible for Medicaid, an individual who has received 6063 medical assistance under the Medicaid program, or an individual 6064 on whose behalf Medicaid has become obligated. 6065 Section 202. Subsection (1) and paragraphs (a) and (b) of 6066 subsection (8) of section 409.902, Florida Statutes, are amended 6067 to read: 6068 409.902 Designated single state agency; payment 6069 requirements; program title; release of medical records.— 6070 (1) The Agency for Health Care Administration is designated 6071 as the single state agency authorized to make payments for 6072 medical assistance and related services under Title XIX of the 6073 Social Security Act. These payments shall be made, subject to 6074 any limitations or directions provided for in the General 6075 Appropriations Act, only for services included in the program, 6076 shall be made only on behalf of eligible individuals, and shall 6077 be made only to qualified providers in accordance with federal 6078 requirements for Title XIX of the Social Security Act and the 6079 provisions of state law. This program of medical assistance is 6080 designated the “Medicaid program.” The Department of Children 6081 and FamiliesFamily Servicesis responsible for Medicaid 6082 eligibility determinations, including, but not limited to, 6083 policy, rules, and the agreement with the Social Security 6084 Administration for Medicaid eligibility determinations for 6085 Supplemental Security Income recipients, as well as the actual 6086 determination of eligibility. As a condition of Medicaid 6087 eligibility, subject to federal approval, the Agency for Health 6088 Care Administration and the Department of Children and Families 6089Family Servicesshall ensure that each recipient of Medicaid 6090 consents to the release of her or his medical records to the 6091 Agency for Health Care Administration and the Medicaid Fraud 6092 Control Unit of the Department of Legal Affairs. 6093 (8) The department shall implement the following project 6094 governance structure until the system is implemented: 6095 (a) The Secretary of Children and FamiliesFamily Services6096 shall have overall responsibility for the project. 6097 (b) The project shall be governed by an executive steering 6098 committee composed of three department staff members appointed 6099 by the Secretary of Children and FamiliesFamily Services; three 6100 agency staff members, including at least two state Medicaid 6101 program staff members, appointed by the Secretary of the Agency 6102 for Health Care Administration; one staff member from Children’s 6103 Medical Services within the Department of Health appointed by 6104 the Surgeon General; and a representative from the Florida 6105 Healthy Kids Corporation. 6106 Section 203. Section 409.90201, Florida Statutes, is 6107 amended to read: 6108 409.90201 Recipient address update process.—The Agency for 6109 Health Care Administration and the Department of Children and 6110 FamiliesFamily Services, in consultation with hospitals and 6111 nursing homes that serve Medicaid recipients, shall develop a 6112 process to update a recipient’s address in the Medicaid 6113 eligibility system at the time a recipient is admitted to a 6114 hospital or nursing home. If a recipient’s address information 6115 in the Medicaid eligibility system needs to be updated, the 6116 update shall be completed within 10 days after the recipient’s 6117 admission to a hospital or nursing home. 6118 Section 204. Section 409.903, Florida Statutes, is amended 6119 to read: 6120 409.903 Mandatory payments for eligible persons.—The agency 6121 shall make payments for medical assistance and related services 6122 on behalf of the following persons who the department, or the 6123 Social Security Administration by contract with the Department 6124 of Children and FamiliesFamily Services, determines to be 6125 eligible, subject to the income, assets, and categorical 6126 eligibility tests set forth in federal and state law. Payment on 6127 behalf of these Medicaid eligible persons is subject to the 6128 availability of moneys and any limitations established by the 6129 General Appropriations Act or chapter 216. 6130 (1) Low-income families with children are eligible for 6131 Medicaid provided they meet the following requirements: 6132 (a) The family includes a dependent child who is living 6133 with a caretaker relative. 6134 (b) The family’s income does not exceed the gross income 6135 test limit. 6136 (c) The family’s countable income and resources do not 6137 exceed the applicable Aid to Families with Dependent Children 6138 (AFDC) income and resource standards under the AFDC state plan 6139 in effect in July 1996, except as amended in the Medicaid state 6140 plan to conform as closely as possible to the requirements of 6141 the welfare transition program, to the extent permitted by 6142 federal law. 6143 (2) A person who receives payments from, who is determined 6144 eligible for, or who was eligible for but lost cash benefits 6145 from the federal program known as the Supplemental Security 6146 Income program (SSI). This category includes a low-income person 6147 age 65 or over and a low-income person under age 65 considered 6148 to be permanently and totally disabled. 6149 (3) A child under age 21 living in a low-income, two-parent 6150 family, and a child under age 7 living with a nonrelative, if 6151 the income and assets of the family or child, as applicable, do 6152 not exceed the resource limits under the Temporary Cash 6153 Assistance Program. 6154 (4) A child who is eligible under Title IV-E of the Social 6155 Security Act for subsidized board payments, foster care, or 6156 adoption subsidies, and a child for whom the state has assumed 6157 temporary or permanent responsibility and who does not qualify 6158 for Title IV-E assistance but is in foster care, shelter or 6159 emergency shelter care, or subsidized adoption. This category 6160 includes a young adult who is eligible to receive services under 6161 s. 409.1451, until the young adult reaches 21 years of age, 6162 without regard to any income, resource, or categorical 6163 eligibility test that is otherwise required. This category also 6164 includes a person who as a child was eligible under Title IV-E 6165 of the Social Security Act for foster care or the state-provided 6166 foster care and who is a participant in the Road-to-Independence 6167 Program. 6168 (5) A pregnant woman for the duration of her pregnancy and 6169 for the postpartum period as defined in federal law and rule, or 6170 a child under age 1, if either is living in a family that has an 6171 income which is at or below 150 percent of the most current 6172 federal poverty level, or, effective January 1, 1992, that has 6173 an income which is at or below 185 percent of the most current 6174 federal poverty level. Such a person is not subject to an assets 6175 test. Further, a pregnant woman who applies for eligibility for 6176 the Medicaid program through a qualified Medicaid provider must 6177 be offered the opportunity, subject to federal rules, to be made 6178 presumptively eligible for the Medicaid program. 6179 (6) A child born after September 30, 1983, living in a 6180 family that has an income which is at or below 100 percent of 6181 the current federal poverty level, who has attained the age of 6182 6, but has not attained the age of 19. In determining the 6183 eligibility of such a child, an assets test is not required. A 6184 child who is eligible for Medicaid under this subsection must be 6185 offered the opportunity, subject to federal rules, to be made 6186 presumptively eligible. A child who has been deemed 6187 presumptively eligible for Medicaid shall not be enrolled in a 6188 managed care plan until the child’s full eligibility 6189 determination for Medicaid has been completed. 6190 (7) A child living in a family that has an income which is 6191 at or below 133 percent of the current federal poverty level, 6192 who has attained the age of 1, but has not attained the age of 6193 6. In determining the eligibility of such a child, an assets 6194 test is not required. A child who is eligible for Medicaid under 6195 this subsection must be offered the opportunity, subject to 6196 federal rules, to be made presumptively eligible. A child who 6197 has been deemed presumptively eligible for Medicaid shall not be 6198 enrolled in a managed care plan until the child’s full 6199 eligibility determination for Medicaid has been completed. 6200 (8) A person who is age 65 or over or is determined by the 6201 agency to be disabled, whose income is at or below 100 percent 6202 of the most current federal poverty level and whose assets do 6203 not exceed limitations established by the agency. However, the 6204 agency may only pay for premiums, coinsurance, and deductibles, 6205 as required by federal law, unless additional coverage is 6206 provided for any or all members of this group by s. 409.904(1). 6207 Section 205. Paragraph (a) of subsection (8), paragraph (d) 6208 of subsection (13), and subsection (24) of section 409.906, 6209 Florida Statutes, are amended to read: 6210 409.906 Optional Medicaid services.—Subject to specific 6211 appropriations, the agency may make payments for services which 6212 are optional to the state under Title XIX of the Social Security 6213 Act and are furnished by Medicaid providers to recipients who 6214 are determined to be eligible on the dates on which the services 6215 were provided. Any optional service that is provided shall be 6216 provided only when medically necessary and in accordance with 6217 state and federal law. Optional services rendered by providers 6218 in mobile units to Medicaid recipients may be restricted or 6219 prohibited by the agency. Nothing in this section shall be 6220 construed to prevent or limit the agency from adjusting fees, 6221 reimbursement rates, lengths of stay, number of visits, or 6222 number of services, or making any other adjustments necessary to 6223 comply with the availability of moneys and any limitations or 6224 directions provided for in the General Appropriations Act or 6225 chapter 216. If necessary to safeguard the state’s systems of 6226 providing services to elderly and disabled persons and subject 6227 to the notice and review provisions of s. 216.177, the Governor 6228 may direct the Agency for Health Care Administration to amend 6229 the Medicaid state plan to delete the optional Medicaid service 6230 known as “Intermediate Care Facilities for the Developmentally 6231 Disabled.” Optional services may include: 6232 (8) COMMUNITY MENTAL HEALTH SERVICES.— 6233 (a) The agency may pay for rehabilitative services provided 6234 to a recipient by a mental health or substance abuse provider 6235 under contract with the agency or the Department of Children and 6236 FamiliesFamily Servicesto provide such services. Those 6237 services which are psychiatric in nature shall be rendered or 6238 recommended by a psychiatrist, and those services which are 6239 medical in nature shall be rendered or recommended by a 6240 physician or psychiatrist. The agency must develop a provider 6241 enrollment process for community mental health providers which 6242 bases provider enrollment on an assessment of service need. The 6243 provider enrollment process shall be designed to control costs, 6244 prevent fraud and abuse, consider provider expertise and 6245 capacity, and assess provider success in managing utilization of 6246 care and measuring treatment outcomes. Providers will be 6247 selected through a competitive procurement or selective 6248 contracting process. In addition to other community mental 6249 health providers, the agency shall consider for enrollment 6250 mental health programs licensed under chapter 395 and group 6251 practices licensed under chapter 458, chapter 459, chapter 490, 6252 or chapter 491. The agency is also authorized to continue 6253 operation of its behavioral health utilization management 6254 program and may develop new services if these actions are 6255 necessary to ensure savings from the implementation of the 6256 utilization management system. The agency shall coordinate the 6257 implementation of this enrollment process with the Department of 6258 Children and FamiliesFamily Servicesand the Department of 6259 Juvenile Justice. The agency is authorized to utilize diagnostic 6260 criteria in setting reimbursement rates, to preauthorize certain 6261 high-cost or highly utilized services, to limit or eliminate 6262 coverage for certain services, or to make any other adjustments 6263 necessary to comply with any limitations or directions provided 6264 for in the General Appropriations Act. 6265 (13) HOME AND COMMUNITY-BASED SERVICES.— 6266 (d) The agency shall request federal approval to develop a 6267 system to require payment of premiums or other cost sharing by 6268 the parents of a child who is being served by a waiver under 6269 this subsection if the adjusted household income is greater than 6270 100 percent of the federal poverty level. The amount of the 6271 premium or cost sharing shall be calculated using a sliding 6272 scale based on the size of the family, the amount of the 6273 parent’s adjusted gross income, and the federal poverty 6274 guidelines. The premium and cost-sharing system developed by the 6275 agency shall not adversely affect federal funding to the state. 6276 After the agency receives federal approval, the Department of 6277 Children and FamiliesFamily Servicesmay collect income 6278 information from parents of children who will be affected by 6279 this paragraph. The agency shall prepare a report to include the 6280 estimated operational cost of implementing the premium and cost 6281 sharing system and the estimated revenues to be collected from 6282 parents of children in the waiver program. The report shall be 6283 delivered to the President of the Senate and the Speaker of the 6284 House of Representatives by June 30, 2012. 6285 (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for 6286 Health Care Administration, in consultation with the Department 6287 of Children and FamiliesFamily Services, may establish a 6288 targeted case-management project in those counties identified by 6289 the Department of Children and FamiliesFamily Servicesand for 6290 all counties with a community-based child welfare project, as 6291 authorized under s. 409.1671, which have been specifically 6292 approved by the department. The covered group of individuals who 6293 are eligible to receive targeted case management include 6294 children who are eligible for Medicaid; who are between the ages 6295 of birth through 21; and who are under protective supervision or 6296 postplacement supervision, under foster-care supervision, or in 6297 shelter care or foster care. The number of individuals who are 6298 eligible to receive targeted case management is limited to the 6299 number for whom the Department of Children and FamiliesFamily6300Serviceshas matching funds to cover the costs. The general 6301 revenue funds required to match the funds for services provided 6302 by the community-based child welfare projects are limited to 6303 funds available for services described under s. 409.1671. The 6304 Department of Children and FamiliesFamily Servicesmay transfer 6305 the general revenue matching funds as billed by the Agency for 6306 Health Care Administration. 6307 Section 206. Section 409.9102, Florida Statutes, is amended 6308 to read: 6309 409.9102 A qualified state Long-Term Care Insurance 6310 Partnership Program in Florida.—The Agency for Health Care 6311 Administration, in consultation with the Office of Insurance 6312 Regulation and the Department of Children and FamiliesFamily6313Services, is directed to establish a qualified state Long-Term 6314 Care Insurance Partnership Program in Florida, in compliance 6315 with the requirements of s. 1917(b) of the Social Security Act, 6316 as amended. 6317 (1) The program shall: 6318 (a) Provide incentives for an individual to obtain or 6319 maintain insurance to cover the cost of long-term care. 6320 (b) Provide a mechanism to qualify for coverage of the 6321 costs of long-term care needs under Medicaid without first being 6322 required to substantially exhaust his or her assets, including a 6323 provision for the disregard of any assets in an amount equal to 6324 the insurance benefit payments that are made to or on behalf of 6325 an individual who is a beneficiary under the program. 6326 (c) Alleviate the financial burden on the state’s medical 6327 assistance program by encouraging the pursuit of private 6328 initiatives. 6329 (2) The Agency for Health Care Administration, in 6330 consultation with the Office of Insurance Regulation and the 6331 Department of Children and FamiliesFamily Services, and in 6332 accordance with federal guidelines, shall create standards for 6333 long-term care partnership program information distributed to 6334 individuals through insurance companies offering approved long 6335 term care partnership program policies. 6336 (3) The Agency for Health Care Administration is authorized 6337 to amend the Medicaid state plan and adopt rules pursuant to ss. 6338 120.536(1) and 120.54 to implement this section. 6339 (4) The Department of Children and FamiliesFamily6340Services, when determining eligibility for Medicaid long-term 6341 care services for an individual who is the beneficiary of an 6342 approved long-term care partnership program policy, shall reduce 6343 the total countable assets of the individual by an amount equal 6344 to the insurance benefit payments that are made to or on behalf 6345 of the individual. The department is authorized to adopt rules 6346 pursuant to ss. 120.536(1) and 120.54 to implement this 6347 subsection. 6348 Section 207. Subsection (11) of section 409.91195, Florida 6349 Statutes, is amended to read: 6350 409.91195 Medicaid Pharmaceutical and Therapeutics 6351 Committee.—There is created a Medicaid Pharmaceutical and 6352 Therapeutics Committee within the agency for the purpose of 6353 developing a Medicaid preferred drug list. 6354 (11) Medicaid recipients may appeal agency preferred drug 6355 formulary decisions using the Medicaid fair hearing process 6356 administered by the Department of Children and FamiliesFamily6357Services. 6358 Section 208. Subsection (1), paragraph (b) of subsection 6359 (4), subsection (28), paragraph (a) of subsection (37), and 6360 subsection (51) of section 409.912, Florida Statutes, are 6361 amended to read: 6362 409.912 Cost-effective purchasing of health care.—The 6363 agency shall purchase goods and services for Medicaid recipients 6364 in the most cost-effective manner consistent with the delivery 6365 of quality medical care. To ensure that medical services are 6366 effectively utilized, the agency may, in any case, require a 6367 confirmation or second physician’s opinion of the correct 6368 diagnosis for purposes of authorizing future services under the 6369 Medicaid program. This section does not restrict access to 6370 emergency services or poststabilization care services as defined 6371 in 42 C.F.R. part 438.114. Such confirmation or second opinion 6372 shall be rendered in a manner approved by the agency. The agency 6373 shall maximize the use of prepaid per capita and prepaid 6374 aggregate fixed-sum basis services when appropriate and other 6375 alternative service delivery and reimbursement methodologies, 6376 including competitive bidding pursuant to s. 287.057, designed 6377 to facilitate the cost-effective purchase of a case-managed 6378 continuum of care. The agency shall also require providers to 6379 minimize the exposure of recipients to the need for acute 6380 inpatient, custodial, and other institutional care and the 6381 inappropriate or unnecessary use of high-cost services. The 6382 agency shall contract with a vendor to monitor and evaluate the 6383 clinical practice patterns of providers in order to identify 6384 trends that are outside the normal practice patterns of a 6385 provider’s professional peers or the national guidelines of a 6386 provider’s professional association. The vendor must be able to 6387 provide information and counseling to a provider whose practice 6388 patterns are outside the norms, in consultation with the agency, 6389 to improve patient care and reduce inappropriate utilization. 6390 The agency may mandate prior authorization, drug therapy 6391 management, or disease management participation for certain 6392 populations of Medicaid beneficiaries, certain drug classes, or 6393 particular drugs to prevent fraud, abuse, overuse, and possible 6394 dangerous drug interactions. The Pharmaceutical and Therapeutics 6395 Committee shall make recommendations to the agency on drugs for 6396 which prior authorization is required. The agency shall inform 6397 the Pharmaceutical and Therapeutics Committee of its decisions 6398 regarding drugs subject to prior authorization. The agency is 6399 authorized to limit the entities it contracts with or enrolls as 6400 Medicaid providers by developing a provider network through 6401 provider credentialing. The agency may competitively bid single 6402 source-provider contracts if procurement of goods or services 6403 results in demonstrated cost savings to the state without 6404 limiting access to care. The agency may limit its network based 6405 on the assessment of beneficiary access to care, provider 6406 availability, provider quality standards, time and distance 6407 standards for access to care, the cultural competence of the 6408 provider network, demographic characteristics of Medicaid 6409 beneficiaries, practice and provider-to-beneficiary standards, 6410 appointment wait times, beneficiary use of services, provider 6411 turnover, provider profiling, provider licensure history, 6412 previous program integrity investigations and findings, peer 6413 review, provider Medicaid policy and billing compliance records, 6414 clinical and medical record audits, and other factors. Providers 6415 are not entitled to enrollment in the Medicaid provider network. 6416 The agency shall determine instances in which allowing Medicaid 6417 beneficiaries to purchase durable medical equipment and other 6418 goods is less expensive to the Medicaid program than long-term 6419 rental of the equipment or goods. The agency may establish rules 6420 to facilitate purchases in lieu of long-term rentals in order to 6421 protect against fraud and abuse in the Medicaid program as 6422 defined in s. 409.913. The agency may seek federal waivers 6423 necessary to administer these policies. 6424 (1) The agency shall work with the Department of Children 6425 and FamiliesFamily Servicesto ensure access of children and 6426 families in the child protection system to needed and 6427 appropriate mental health and substance abuse services. This 6428 subsection expires October 1, 2014. 6429 (4) The agency may contract with: 6430 (b) An entity that is providing comprehensive behavioral 6431 health care services to certain Medicaid recipients through a 6432 capitated, prepaid arrangement pursuant to the federal waiver 6433 provided for by s. 409.905(5). Such entity must be licensed 6434 under chapter 624, chapter 636, or chapter 641, or authorized 6435 under paragraph (c) or paragraph (d), and must possess the 6436 clinical systems and operational competence to manage risk and 6437 provide comprehensive behavioral health care to Medicaid 6438 recipients. As used in this paragraph, the term “comprehensive 6439 behavioral health care services” means covered mental health and 6440 substance abuse treatment services that are available to 6441 Medicaid recipients. The secretary of the Department of Children 6442 and FamiliesFamily Servicesshall approve provisions of 6443 procurements related to children in the department’s care or 6444 custody before enrolling such children in a prepaid behavioral 6445 health plan. Any contract awarded under this paragraph must be 6446 competitively procured. In developing the behavioral health care 6447 prepaid plan procurement document, the agency shall ensure that 6448 the procurement document requires the contractor to develop and 6449 implement a plan to ensure compliance with s. 394.4574 related 6450 to services provided to residents of licensed assisted living 6451 facilities that hold a limited mental health license. Except as 6452 provided in subparagraph 5., and except in counties where the 6453 Medicaid managed care pilot program is authorized pursuant to s. 6454 409.91211, the agency shall seek federal approval to contract 6455 with a single entity meeting these requirements to provide 6456 comprehensive behavioral health care services to all Medicaid 6457 recipients not enrolled in a Medicaid managed care plan 6458 authorized under s. 409.91211, a provider service network 6459 authorized under paragraph (d), or a Medicaid health maintenance 6460 organization in an AHCA area. In an AHCA area where the Medicaid 6461 managed care pilot program is authorized pursuant to s. 6462 409.91211 in one or more counties, the agency may procure a 6463 contract with a single entity to serve the remaining counties as 6464 an AHCA area or the remaining counties may be included with an 6465 adjacent AHCA area and are subject to this paragraph. Each 6466 entity must offer a sufficient choice of providers in its 6467 network to ensure recipient access to care and the opportunity 6468 to select a provider with whom they are satisfied. The network 6469 shall include all public mental health hospitals. To ensure 6470 unimpaired access to behavioral health care services by Medicaid 6471 recipients, all contracts issued pursuant to this paragraph must 6472 require 80 percent of the capitation paid to the managed care 6473 plan, including health maintenance organizations and capitated 6474 provider service networks, to be expended for the provision of 6475 behavioral health care services. If the managed care plan 6476 expends less than 80 percent of the capitation paid for the 6477 provision of behavioral health care services, the difference 6478 shall be returned to the agency. The agency shall provide the 6479 plan with a certification letter indicating the amount of 6480 capitation paid during each calendar year for behavioral health 6481 care services pursuant to this section. The agency may reimburse 6482 for substance abuse treatment services on a fee-for-service 6483 basis until the agency finds that adequate funds are available 6484 for capitated, prepaid arrangements. 6485 1. The agency shall modify the contracts with the entities 6486 providing comprehensive inpatient and outpatient mental health 6487 care services to Medicaid recipients in Hillsborough, Highlands, 6488 Hardee, Manatee, and Polk Counties, to include substance abuse 6489 treatment services. 6490 2. Except as provided in subparagraph 5., the agency and 6491 the Department of Children and FamiliesFamily Servicesshall 6492 contract with managed care entities in each AHCA area except 6493 area 6 or arrange to provide comprehensive inpatient and 6494 outpatient mental health and substance abuse services through 6495 capitated prepaid arrangements to all Medicaid recipients who 6496 are eligible to participate in such plans under federal law and 6497 regulation. In AHCA areas where eligible individuals number less 6498 than 150,000, the agency shall contract with a single managed 6499 care plan to provide comprehensive behavioral health services to 6500 all recipients who are not enrolled in a Medicaid health 6501 maintenance organization, a provider service network authorized 6502 under paragraph (d), or a Medicaid capitated managed care plan 6503 authorized under s. 409.91211. The agency may contract with more 6504 than one comprehensive behavioral health provider to provide 6505 care to recipients who are not enrolled in a Medicaid capitated 6506 managed care plan authorized under s. 409.91211, a provider 6507 service network authorized under paragraph (d), or a Medicaid 6508 health maintenance organization in AHCA areas where the eligible 6509 population exceeds 150,000. In an AHCA area where the Medicaid 6510 managed care pilot program is authorized pursuant to s. 6511 409.91211 in one or more counties, the agency may procure a 6512 contract with a single entity to serve the remaining counties as 6513 an AHCA area or the remaining counties may be included with an 6514 adjacent AHCA area and shall be subject to this paragraph. 6515 Contracts for comprehensive behavioral health providers awarded 6516 pursuant to this section shall be competitively procured. Both 6517 for-profit and not-for-profit corporations are eligible to 6518 compete. Managed care plans contracting with the agency under 6519 subsection (3) or paragraph (d) shall provide and receive 6520 payment for the same comprehensive behavioral health benefits as 6521 provided in AHCA rules, including handbooks incorporated by 6522 reference. In AHCA area 11, the agency shall contract with at 6523 least two comprehensive behavioral health care providers to 6524 provide behavioral health care to recipients in that area who 6525 are enrolled in, or assigned to, the MediPass program. One of 6526 the behavioral health care contracts must be with the existing 6527 provider service network pilot project, as described in 6528 paragraph (d), for the purpose of demonstrating the cost 6529 effectiveness of the provision of quality mental health services 6530 through a public hospital-operated managed care model. Payment 6531 shall be at an agreed-upon capitated rate to ensure cost 6532 savings. Of the recipients in area 11 who are assigned to 6533 MediPass under s. 409.9122(2)(k), a minimum of 50,000 of those 6534 MediPass-enrolled recipients shall be assigned to the existing 6535 provider service network in area 11 for their behavioral care. 6536 3. Children residing in a statewide inpatient psychiatric 6537 program, or in a Department of Juvenile Justice or a Department 6538 of Children and FamiliesFamily Servicesresidential program 6539 approved as a Medicaid behavioral health overlay services 6540 provider may not be included in a behavioral health care prepaid 6541 health plan or any other Medicaid managed care plan pursuant to 6542 this paragraph. 6543 4. Traditional community mental health providers under 6544 contract with the Department of Children and FamiliesFamily6545Servicespursuant to part IV of chapter 394, child welfare 6546 providers under contract with the Department of Children and 6547 FamiliesFamily Servicesin areas 1 and 6, and inpatient mental 6548 health providers licensed pursuant to chapter 395 must be 6549 offered an opportunity to accept or decline a contract to 6550 participate in any provider network for prepaid behavioral 6551 health services. 6552 5. All Medicaid-eligible children, except children in area 6553 1 and children in Highlands County, Hardee County, Polk County, 6554 or Manatee County of area 6, that are open for child welfare 6555 services in the statewide automated child welfare information 6556 system, shall receive their behavioral health care services 6557 through a specialty prepaid plan operated by community-based 6558 lead agencies through a single agency or formal agreements among 6559 several agencies. The agency shall work with the specialty plan 6560 to develop clinically effective, evidence-based alternatives as 6561 a downward substitution for the statewide inpatient psychiatric 6562 program and similar residential care and institutional services. 6563 The specialty prepaid plan must result in savings to the state 6564 comparable to savings achieved in other Medicaid managed care 6565 and prepaid programs. Such plan must provide mechanisms to 6566 maximize state and local revenues. The specialty prepaid plan 6567 shall be developed by the agency and the Department of Children 6568 and FamiliesFamily Services. The agency may seek federal 6569 waivers to implement this initiative. Medicaid-eligible children 6570 whose cases are open for child welfare services in the statewide 6571 automated child welfare information system and who reside in 6572 AHCA area 10 shall be enrolled in a capitated provider service 6573 network or other capitated managed care plan, which, in 6574 coordination with available community-based care providers 6575 specified in s. 409.1671, shall provide sufficient medical, 6576 developmental, and behavioral health services to meet the needs 6577 of these children. 6578 6579 Effective July 1, 2012, in order to ensure continuity of care, 6580 the agency is authorized to extend or modify current contracts 6581 based on current service areas or on a regional basis, as 6582 determined appropriate by the agency, with comprehensive 6583 behavioral health care providers as described in this paragraph 6584 during the period prior to its expiration. This paragraph 6585 expires October 1, 2014. 6586 (28) The agency shall perform enrollments and 6587 disenrollments for Medicaid recipients who are eligible for 6588 MediPass or managed care plans. Notwithstanding the prohibition 6589 contained in paragraph (20)(f), managed care plans may perform 6590 preenrollments of Medicaid recipients under the supervision of 6591 the agency or its agents. For the purposes of this section, the 6592 term “preenrollment” means the provision of marketing and 6593 educational materials to a Medicaid recipient and assistance in 6594 completing the application forms, but does not include actual 6595 enrollment into a managed care plan. An application for 6596 enrollment may not be deemed complete until the agency or its 6597 agent verifies that the recipient made an informed, voluntary 6598 choice. The agency, in cooperation with the Department of 6599 Children and FamiliesFamily Services, may test new marketing 6600 initiatives to inform Medicaid recipients about their managed 6601 care options at selected sites. The agency may contract with a 6602 third party to perform managed care plan and MediPass enrollment 6603 and disenrollment services for Medicaid recipients and may adopt 6604 rules to administer such services. The agency may adjust the 6605 capitation rate only to cover the costs of a third-party 6606 enrollment and disenrollment contract, and for agency 6607 supervision and management of the managed care plan enrollment 6608 and disenrollment contract. This subsection expires October 1, 6609 2014. 6610 (37)(a) The agency shall implement a Medicaid prescribed 6611 drug spending-control program that includes the following 6612 components: 6613 1. A Medicaid preferred drug list, which shall be a listing 6614 of cost-effective therapeutic options recommended by the 6615 Medicaid Pharmacy and Therapeutics Committee established 6616 pursuant to s. 409.91195 and adopted by the agency for each 6617 therapeutic class on the preferred drug list. At the discretion 6618 of the committee, and when feasible, the preferred drug list 6619 should include at least two products in a therapeutic class. The 6620 agency may post the preferred drug list and updates to the list 6621 on an Internet website without following the rulemaking 6622 procedures of chapter 120. Antiretroviral agents are excluded 6623 from the preferred drug list. The agency shall also limit the 6624 amount of a prescribed drug dispensed to no more than a 34-day 6625 supply unless the drug products’ smallest marketed package is 6626 greater than a 34-day supply, or the drug is determined by the 6627 agency to be a maintenance drug in which case a 100-day maximum 6628 supply may be authorized. The agency may seek any federal 6629 waivers necessary to implement these cost-control programs and 6630 to continue participation in the federal Medicaid rebate 6631 program, or alternatively to negotiate state-only manufacturer 6632 rebates. The agency may adopt rules to administer this 6633 subparagraph. The agency shall continue to provide unlimited 6634 contraceptive drugs and items. The agency must establish 6635 procedures to ensure that: 6636 a. There is a response to a request for prior consultation 6637 by telephone or other telecommunication device within 24 hours 6638 after receipt of a request for prior consultation; and 6639 b. A 72-hour supply of the drug prescribed is provided in 6640 an emergency or when the agency does not provide a response 6641 within 24 hours as required by sub-subparagraph a. 6642 2. Reimbursement to pharmacies for Medicaid prescribed 6643 drugs shall be set at the lowest of: the average wholesale price 6644 (AWP) minus 16.4 percent, the wholesaler acquisition cost (WAC) 6645 plus 1.5 percent, the federal upper limit (FUL), the state 6646 maximum allowable cost (SMAC), or the usual and customary (UAC) 6647 charge billed by the provider. 6648 3. The agency shall develop and implement a process for 6649 managing the drug therapies of Medicaid recipients who are using 6650 significant numbers of prescribed drugs each month. The 6651 management process may include, but is not limited to, 6652 comprehensive, physician-directed medical-record reviews, claims 6653 analyses, and case evaluations to determine the medical 6654 necessity and appropriateness of a patient’s treatment plan and 6655 drug therapies. The agency may contract with a private 6656 organization to provide drug-program-management services. The 6657 Medicaid drug benefit management program shall include 6658 initiatives to manage drug therapies for HIV/AIDS patients, 6659 patients using 20 or more unique prescriptions in a 180-day 6660 period, and the top 1,000 patients in annual spending. The 6661 agency shall enroll any Medicaid recipient in the drug benefit 6662 management program if he or she meets the specifications of this 6663 provision and is not enrolled in a Medicaid health maintenance 6664 organization. 6665 4. The agency may limit the size of its pharmacy network 6666 based on need, competitive bidding, price negotiations, 6667 credentialing, or similar criteria. The agency shall give 6668 special consideration to rural areas in determining the size and 6669 location of pharmacies included in the Medicaid pharmacy 6670 network. A pharmacy credentialing process may include criteria 6671 such as a pharmacy’s full-service status, location, size, 6672 patient educational programs, patient consultation, disease 6673 management services, and other characteristics. The agency may 6674 impose a moratorium on Medicaid pharmacy enrollment if it is 6675 determined that it has a sufficient number of Medicaid 6676 participating providers. The agency must allow dispensing 6677 practitioners to participate as a part of the Medicaid pharmacy 6678 network regardless of the practitioner’s proximity to any other 6679 entity that is dispensing prescription drugs under the Medicaid 6680 program. A dispensing practitioner must meet all credentialing 6681 requirements applicable to his or her practice, as determined by 6682 the agency. 6683 5. The agency shall develop and implement a program that 6684 requires Medicaid practitioners who prescribe drugs to use a 6685 counterfeit-proof prescription pad for Medicaid prescriptions. 6686 The agency shall require the use of standardized counterfeit 6687 proof prescription pads by Medicaid-participating prescribers or 6688 prescribers who write prescriptions for Medicaid recipients. The 6689 agency may implement the program in targeted geographic areas or 6690 statewide. 6691 6. The agency may enter into arrangements that require 6692 manufacturers of generic drugs prescribed to Medicaid recipients 6693 to provide rebates of at least 15.1 percent of the average 6694 manufacturer price for the manufacturer’s generic products. 6695 These arrangements shall require that if a generic-drug 6696 manufacturer pays federal rebates for Medicaid-reimbursed drugs 6697 at a level below 15.1 percent, the manufacturer must provide a 6698 supplemental rebate to the state in an amount necessary to 6699 achieve a 15.1-percent rebate level. 6700 7. The agency may establish a preferred drug list as 6701 described in this subsection, and, pursuant to the establishment 6702 of such preferred drug list, negotiate supplemental rebates from 6703 manufacturers that are in addition to those required by Title 6704 XIX of the Social Security Act and at no less than 14 percent of 6705 the average manufacturer price as defined in 42 U.S.C. s. 1936 6706 on the last day of a quarter unless the federal or supplemental 6707 rebate, or both, equals or exceeds 29 percent. There is no upper 6708 limit on the supplemental rebates the agency may negotiate. The 6709 agency may determine that specific products, brand-name or 6710 generic, are competitive at lower rebate percentages. Agreement 6711 to pay the minimum supplemental rebate percentage guarantees a 6712 manufacturer that the Medicaid Pharmaceutical and Therapeutics 6713 Committee will consider a product for inclusion on the preferred 6714 drug list. However, a pharmaceutical manufacturer is not 6715 guaranteed placement on the preferred drug list by simply paying 6716 the minimum supplemental rebate. Agency decisions will be made 6717 on the clinical efficacy of a drug and recommendations of the 6718 Medicaid Pharmaceutical and Therapeutics Committee, as well as 6719 the price of competing products minus federal and state rebates. 6720 The agency may contract with an outside agency or contractor to 6721 conduct negotiations for supplemental rebates. For the purposes 6722 of this section, the term “supplemental rebates” means cash 6723 rebates. Value-added programs as a substitution for supplemental 6724 rebates are prohibited. The agency may seek any federal waivers 6725 to implement this initiative. 6726 8. The agency shall expand home delivery of pharmacy 6727 products. The agency may amend the state plan and issue a 6728 procurement, as necessary, in order to implement this program. 6729 The procurements must include agreements with a pharmacy or 6730 pharmacies located in the state to provide mail order delivery 6731 services at no cost to the recipients who elect to receive home 6732 delivery of pharmacy products. The procurement must focus on 6733 serving recipients with chronic diseases for which pharmacy 6734 expenditures represent a significant portion of Medicaid 6735 pharmacy expenditures or which impact a significant portion of 6736 the Medicaid population. The agency may seek and implement any 6737 federal waivers necessary to implement this subparagraph. 6738 9. The agency shall limit to one dose per month any drug 6739 prescribed to treat erectile dysfunction. 6740 10.a. The agency may implement a Medicaid behavioral drug 6741 management system. The agency may contract with a vendor that 6742 has experience in operating behavioral drug management systems 6743 to implement this program. The agency may seek federal waivers 6744 to implement this program. 6745 b. The agency, in conjunction with the Department of 6746 Children and FamiliesFamily Services, may implement the 6747 Medicaid behavioral drug management system that is designed to 6748 improve the quality of care and behavioral health prescribing 6749 practices based on best practice guidelines, improve patient 6750 adherence to medication plans, reduce clinical risk, and lower 6751 prescribed drug costs and the rate of inappropriate spending on 6752 Medicaid behavioral drugs. The program may include the following 6753 elements: 6754 (I) Provide for the development and adoption of best 6755 practice guidelines for behavioral health-related drugs such as 6756 antipsychotics, antidepressants, and medications for treating 6757 bipolar disorders and other behavioral conditions; translate 6758 them into practice; review behavioral health prescribers and 6759 compare their prescribing patterns to a number of indicators 6760 that are based on national standards; and determine deviations 6761 from best practice guidelines. 6762 (II) Implement processes for providing feedback to and 6763 educating prescribers using best practice educational materials 6764 and peer-to-peer consultation. 6765 (III) Assess Medicaid beneficiaries who are outliers in 6766 their use of behavioral health drugs with regard to the numbers 6767 and types of drugs taken, drug dosages, combination drug 6768 therapies, and other indicators of improper use of behavioral 6769 health drugs. 6770 (IV) Alert prescribers to patients who fail to refill 6771 prescriptions in a timely fashion, are prescribed multiple same 6772 class behavioral health drugs, and may have other potential 6773 medication problems. 6774 (V) Track spending trends for behavioral health drugs and 6775 deviation from best practice guidelines. 6776 (VI) Use educational and technological approaches to 6777 promote best practices, educate consumers, and train prescribers 6778 in the use of practice guidelines. 6779 (VII) Disseminate electronic and published materials. 6780 (VIII) Hold statewide and regional conferences. 6781 (IX) Implement a disease management program with a model 6782 quality-based medication component for severely mentally ill 6783 individuals and emotionally disturbed children who are high 6784 users of care. 6785 11. The agency shall implement a Medicaid prescription drug 6786 management system. 6787 a. The agency may contract with a vendor that has 6788 experience in operating prescription drug management systems in 6789 order to implement this system. Any management system that is 6790 implemented in accordance with this subparagraph must rely on 6791 cooperation between physicians and pharmacists to determine 6792 appropriate practice patterns and clinical guidelines to improve 6793 the prescribing, dispensing, and use of drugs in the Medicaid 6794 program. The agency may seek federal waivers to implement this 6795 program. 6796 b. The drug management system must be designed to improve 6797 the quality of care and prescribing practices based on best 6798 practice guidelines, improve patient adherence to medication 6799 plans, reduce clinical risk, and lower prescribed drug costs and 6800 the rate of inappropriate spending on Medicaid prescription 6801 drugs. The program must: 6802 (I) Provide for the adoption of best practice guidelines 6803 for the prescribing and use of drugs in the Medicaid program, 6804 including translating best practice guidelines into practice; 6805 reviewing prescriber patterns and comparing them to indicators 6806 that are based on national standards and practice patterns of 6807 clinical peers in their community, statewide, and nationally; 6808 and determine deviations from best practice guidelines. 6809 (II) Implement processes for providing feedback to and 6810 educating prescribers using best practice educational materials 6811 and peer-to-peer consultation. 6812 (III) Assess Medicaid recipients who are outliers in their 6813 use of a single or multiple prescription drugs with regard to 6814 the numbers and types of drugs taken, drug dosages, combination 6815 drug therapies, and other indicators of improper use of 6816 prescription drugs. 6817 (IV) Alert prescribers to recipients who fail to refill 6818 prescriptions in a timely fashion, are prescribed multiple drugs 6819 that may be redundant or contraindicated, or may have other 6820 potential medication problems. 6821 12. The agency may contract for drug rebate administration, 6822 including, but not limited to, calculating rebate amounts, 6823 invoicing manufacturers, negotiating disputes with 6824 manufacturers, and maintaining a database of rebate collections. 6825 13. The agency may specify the preferred daily dosing form 6826 or strength for the purpose of promoting best practices with 6827 regard to the prescribing of certain drugs as specified in the 6828 General Appropriations Act and ensuring cost-effective 6829 prescribing practices. 6830 14. The agency may require prior authorization for 6831 Medicaid-covered prescribed drugs. The agency may prior 6832 authorize the use of a product: 6833 a. For an indication not approved in labeling; 6834 b. To comply with certain clinical guidelines; or 6835 c. If the product has the potential for overuse, misuse, or 6836 abuse. 6837 6838 The agency may require the prescribing professional to provide 6839 information about the rationale and supporting medical evidence 6840 for the use of a drug. The agency shall post prior 6841 authorization, step-edit criteria and protocol, and updates to 6842 the list of drugs that are subject to prior authorization on the 6843 agency’s Internet website within 21 days after the prior 6844 authorization and step-edit criteria and protocol and updates 6845 are approved by the agency. For purposes of this subparagraph, 6846 the term “step-edit” means an automatic electronic review of 6847 certain medications subject to prior authorization. 6848 15. The agency, in conjunction with the Pharmaceutical and 6849 Therapeutics Committee, may require age-related prior 6850 authorizations for certain prescribed drugs. The agency may 6851 preauthorize the use of a drug for a recipient who may not meet 6852 the age requirement or may exceed the length of therapy for use 6853 of this product as recommended by the manufacturer and approved 6854 by the Food and Drug Administration. Prior authorization may 6855 require the prescribing professional to provide information 6856 about the rationale and supporting medical evidence for the use 6857 of a drug. 6858 16. The agency shall implement a step-therapy prior 6859 authorization approval process for medications excluded from the 6860 preferred drug list. Medications listed on the preferred drug 6861 list must be used within the previous 12 months before the 6862 alternative medications that are not listed. The step-therapy 6863 prior authorization may require the prescriber to use the 6864 medications of a similar drug class or for a similar medical 6865 indication unless contraindicated in the Food and Drug 6866 Administration labeling. The trial period between the specified 6867 steps may vary according to the medical indication. The step 6868 therapy approval process shall be developed in accordance with 6869 the committee as stated in s. 409.91195(7) and (8). A drug 6870 product may be approved without meeting the step-therapy prior 6871 authorization criteria if the prescribing physician provides the 6872 agency with additional written medical or clinical documentation 6873 that the product is medically necessary because: 6874 a. There is not a drug on the preferred drug list to treat 6875 the disease or medical condition which is an acceptable clinical 6876 alternative; 6877 b. The alternatives have been ineffective in the treatment 6878 of the beneficiary’s disease; or 6879 c. Based on historic evidence and known characteristics of 6880 the patient and the drug, the drug is likely to be ineffective, 6881 or the number of doses have been ineffective. 6882 6883 The agency shall work with the physician to determine the best 6884 alternative for the patient. The agency may adopt rules waiving 6885 the requirements for written clinical documentation for specific 6886 drugs in limited clinical situations. 6887 17. The agency shall implement a return and reuse program 6888 for drugs dispensed by pharmacies to institutional recipients, 6889 which includes payment of a $5 restocking fee for the 6890 implementation and operation of the program. The return and 6891 reuse program shall be implemented electronically and in a 6892 manner that promotes efficiency. The program must permit a 6893 pharmacy to exclude drugs from the program if it is not 6894 practical or cost-effective for the drug to be included and must 6895 provide for the return to inventory of drugs that cannot be 6896 credited or returned in a cost-effective manner. The agency 6897 shall determine if the program has reduced the amount of 6898 Medicaid prescription drugs which are destroyed on an annual 6899 basis and if there are additional ways to ensure more 6900 prescription drugs are not destroyed which could safely be 6901 reused. 6902 (51) The agency may not pay for psychotropic medication 6903 prescribed for a child in the Medicaid program without the 6904 express and informed consent of the child’s parent or legal 6905 guardian. The physician shall document the consent in the 6906 child’s medical record and provide the pharmacy with a signed 6907 attestation of this documentation with the prescription. The 6908 express and informed consent or court authorization for a 6909 prescription of psychotropic medication for a child in the 6910 custody of the Department of Children and FamiliesFamily6911Servicesshall be obtained pursuant to s. 39.407. 6912 Section 209. Paragraph (c) of subsection (2) and subsection 6913 (21) of section 409.9122, Florida Statutes, are amended to read: 6914 409.9122 Mandatory Medicaid managed care enrollment; 6915 programs and procedures.— 6916 (2) 6917 (c) Medicaid recipients shall have a choice of managed care 6918 plans or MediPass. The Agency for Health Care Administration, 6919 the Department of Health, the Department of Children and 6920 FamiliesFamily Services, and the Department of Elderly Affairs 6921 shall cooperate to ensure that each Medicaid recipient receives 6922 clear and easily understandable information that meets the 6923 following requirements: 6924 1. Explains the concept of managed care, including 6925 MediPass. 6926 2. Provides information on the comparative performance of 6927 managed care plans and MediPass in the areas of quality, 6928 credentialing, preventive health programs, network size and 6929 availability, and patient satisfaction. 6930 3. Explains where additional information on each managed 6931 care plan and MediPass in the recipient’s area can be obtained. 6932 4. Explains that recipients have the right to choose their 6933 managed care coverage at the time they first enroll in Medicaid 6934 and again at regular intervals set by the agency. However, if a 6935 recipient does not choose a managed care plan or MediPass, the 6936 agency will assign the recipient to a managed care plan or 6937 MediPass according to the criteria specified in this section. 6938 5. Explains the recipient’s right to complain, file a 6939 grievance, or change managed care plans or MediPass providers if 6940 the recipient is not satisfied with the managed care plan or 6941 MediPass. 6942 6943 This subsection expires October 1, 2014. 6944 (21) Subject to federal approval, the agency shall contract 6945 with a single provider service network to function as a third 6946 party administrator and managing entity for the Medically Needy 6947 program in all counties. The contractor shall provide care 6948 coordination and utilization management in order to achieve more 6949 cost-effective services for Medically Needy enrollees. To 6950 facilitate the care management functions of the provider service 6951 network, enrollment in the network shall be for a continuous 6 6952 month period or until the end of the contract between the 6953 provider service network and the agency, whichever is sooner. 6954 Beginning the second month after the determination of 6955 eligibility, the contractor may collect a monthly premium from 6956 each Medically Needy recipient provided the premium does not 6957 exceed the enrollee’s share of cost as determined by the 6958 Department of Children and FamiliesFamily Services. The 6959 contractor must provide a 90-day grace period before 6960 disenrolling a Medically Needy recipient for failure to pay 6961 premiums. The contractor may earn an administrative fee, if the 6962 fee is less than any savings determined by the reconciliation 6963 process pursuant to s. 409.912(4)(d)1. Premium revenue collected 6964 from the recipients shall be deducted from the contractor’s 6965 earned savings. This subsection expires October 1, 2014, or upon 6966 full implementation of the managed medical assistance program, 6967 whichever is sooner. 6968 Section 210. Subsection (36) of section 409.913, Florida 6969 Statutes, is amended to read: 6970 409.913 Oversight of the integrity of the Medicaid 6971 program.—The agency shall operate a program to oversee the 6972 activities of Florida Medicaid recipients, and providers and 6973 their representatives, to ensure that fraudulent and abusive 6974 behavior and neglect of recipients occur to the minimum extent 6975 possible, and to recover overpayments and impose sanctions as 6976 appropriate. Beginning January 1, 2003, and each year 6977 thereafter, the agency and the Medicaid Fraud Control Unit of 6978 the Department of Legal Affairs shall submit a joint report to 6979 the Legislature documenting the effectiveness of the state’s 6980 efforts to control Medicaid fraud and abuse and to recover 6981 Medicaid overpayments during the previous fiscal year. The 6982 report must describe the number of cases opened and investigated 6983 each year; the sources of the cases opened; the disposition of 6984 the cases closed each year; the amount of overpayments alleged 6985 in preliminary and final audit letters; the number and amount of 6986 fines or penalties imposed; any reductions in overpayment 6987 amounts negotiated in settlement agreements or by other means; 6988 the amount of final agency determinations of overpayments; the 6989 amount deducted from federal claiming as a result of 6990 overpayments; the amount of overpayments recovered each year; 6991 the amount of cost of investigation recovered each year; the 6992 average length of time to collect from the time the case was 6993 opened until the overpayment is paid in full; the amount 6994 determined as uncollectible and the portion of the uncollectible 6995 amount subsequently reclaimed from the Federal Government; the 6996 number of providers, by type, that are terminated from 6997 participation in the Medicaid program as a result of fraud and 6998 abuse; and all costs associated with discovering and prosecuting 6999 cases of Medicaid overpayments and making recoveries in such 7000 cases. The report must also document actions taken to prevent 7001 overpayments and the number of providers prevented from 7002 enrolling in or reenrolling in the Medicaid program as a result 7003 of documented Medicaid fraud and abuse and must include policy 7004 recommendations necessary to prevent or recover overpayments and 7005 changes necessary to prevent and detect Medicaid fraud. All 7006 policy recommendations in the report must include a detailed 7007 fiscal analysis, including, but not limited to, implementation 7008 costs, estimated savings to the Medicaid program, and the return 7009 on investment. The agency must submit the policy recommendations 7010 and fiscal analyses in the report to the appropriate estimating 7011 conference, pursuant to s. 216.137, by February 15 of each year. 7012 The agency and the Medicaid Fraud Control Unit of the Department 7013 of Legal Affairs each must include detailed unit-specific 7014 performance standards, benchmarks, and metrics in the report, 7015 including projected cost savings to the state Medicaid program 7016 during the following fiscal year. 7017 (36) At least three times a year, the agency shall provide 7018 to each Medicaid recipient or his or her representative an 7019 explanation of benefits in the form of a letter that is mailed 7020 to the most recent address of the recipient on the record with 7021 the Department of Children and FamiliesFamily Services. The 7022 explanation of benefits must include the patient’s name, the 7023 name of the health care provider and the address of the location 7024 where the service was provided, a description of all services 7025 billed to Medicaid in terminology that should be understood by a 7026 reasonable person, and information on how to report 7027 inappropriate or incorrect billing to the agency or other law 7028 enforcement entities for review or investigation. At least once 7029 a year, the letter also must include information on how to 7030 report criminal Medicaid fraud, the Medicaid Fraud Control 7031 Unit’s toll-free hotline number, and information about the 7032 rewards available under s. 409.9203. The explanation of benefits 7033 may not be mailed for Medicaid independent laboratory services 7034 as described in s. 409.905(7) or for Medicaid certified match 7035 services as described in ss. 409.9071 and 1011.70. 7036 Section 211. Section 409.919, Florida Statutes, is amended 7037 to read: 7038 409.919 Rules.—The agency shall adopt any rules necessary 7039 to comply with or administer ss. 409.901-409.920 and all rules 7040 necessary to comply with federal requirements. In addition, the 7041 Department of Children and FamiliesFamily Servicesshall adopt 7042 and accept transfer of any rules necessary to carry out its 7043 responsibilities for receiving and processing Medicaid 7044 applications and determining Medicaid eligibility, and for 7045 assuring compliance with and administering ss. 409.901-409.906, 7046 as they relate to these responsibilities, and any other 7047 provisions related to responsibility for the determination of 7048 Medicaid eligibility. 7049 Section 212. Subsection (5) of section 409.962, Florida 7050 Statutes, is amended to read: 7051 409.962 Definitions.—As used in this part, except as 7052 otherwise specifically provided, the term: 7053 (5) “Department” means the Department of Children and 7054 FamiliesFamily Services. 7055 Section 213. Subsection (1) of section 410.032, Florida 7056 Statutes, is amended to read: 7057 410.032 Definitions; ss. 410.031-410.036.—As used in ss. 7058 410.031-410.036: 7059 (1) “Department” means the Department of Children and 7060 FamiliesFamily Services. 7061 Section 214. Section 410.602, Florida Statutes, is amended 7062 to read: 7063 410.602 Legislative intent.—The purpose of ss. 410.601 7064 410.606 is to assist disabled adults to live dignified and 7065 reasonably independent lives in their own homes or in the homes 7066 of relatives or friends. The Legislature intends through ss. 7067 410.601-410.606 to provide for the development, expansion, and 7068 coordination of community-based services for disabled adults, 7069 but not to supplant existing programs. The Legislature further 7070 intends to establish a continuum of services so that disabled 7071 adults may be assured the least restrictive environment suitable 7072 to their needs. In addition, the Legislature intends that the 7073 Department of Children and FamiliesFamily Servicesencourage 7074 innovative and efficient approaches to program management, staff 7075 training, and service delivery. 7076 Section 215. Subsection (1) of section 410.603, Florida 7077 Statutes, is amended to read: 7078 410.603 Definitions relating to Community Care for Disabled 7079 Adults Act.—As used in ss. 410.601-410.606: 7080 (1) “Department” means the Department of Children and 7081 FamiliesFamily Services. 7082 Section 216. Section 411.223, Florida Statutes, is amended 7083 to read: 7084 411.223 Uniform standards.— 7085 (1) The Department of Children and FamiliesFamily7086Services, in consultation with the Department of Education, 7087 shall establish a minimum set of procedures for each preschool 7088 child who receives preventive health care with state funds. 7089 Preventive health care services shall meet the minimum standards 7090 established by federal law for the Early Periodic Screening, 7091 Diagnosis, and Treatment Program and shall provide guidance on 7092 screening instruments which are appropriate for identifying 7093 health risks and handicapping conditions in preschool children. 7094 (2) Duplicative diagnostic and planning practices shall be 7095 eliminated to the extent possible. Diagnostic and other 7096 information necessary to provide quality services to high-risk 7097 or handicapped children shall be shared among the program 7098 offices of the Department of Children and FamiliesFamily7099Services, pursuant to the provisions of s. 1002.22. 7100 Section 217. Section 411.224, Florida Statutes, is amended 7101 to read: 7102 411.224 Family support planning process.—The Legislature 7103 establishes a family support planning process to be used by the 7104 Department of Children and FamiliesFamily Servicesas the 7105 service planning process for targeted individuals, children, and 7106 families under its purview. 7107 (1) The Department of Education shall take all appropriate 7108 and necessary steps to encourage and facilitate the 7109 implementation of the family support planning process for 7110 individuals, children, and families within its purview. 7111 (2) To the extent possible within existing resources, the 7112 following populations must be included in the family support 7113 planning process: 7114 (a) Children from birth to age 5 who are served by the 7115 clinic and programs of the Division of Children’s Medical 7116 Services of the Department of Health. 7117 (b) Children participating in the developmental evaluation 7118 and intervention program of the Division of Children’s Medical 7119 Services of the Department of Health. 7120 (c) Children from age 3 through age 5 who are served by the 7121 Agency for Persons with Disabilities. 7122 (d) Children from birth through age 5 who are served by the 7123 Mental Health Program Office of the Department of Children and 7124 FamiliesFamily Services. 7125 (e) Healthy Start participants in need of ongoing service 7126 coordination. 7127 (f) Children from birth through age 5 who are served by the 7128 voluntary family services, protective supervision, foster care, 7129 or adoption and related services programs of the Child Care 7130 Services Program Office of the Department of Children and 7131 FamiliesFamily Services, and who are eligible for ongoing 7132 services from one or more other programs or agencies that 7133 participate in family support planning; however, children served 7134 by the voluntary family services program, where the planned 7135 length of intervention is 30 days or less, are excluded from 7136 this population. 7137 (3) When individuals included in the target population are 7138 served by Head Start, local education agencies, or other 7139 prevention and early intervention programs, providers must be 7140 notified and efforts made to facilitate the concerned agency’s 7141 participation in family support planning. 7142 (4) Local education agencies are encouraged to use a family 7143 support planning process for children from birth through 5 years 7144 of age who are served by the prekindergarten program for 7145 children with disabilities, in lieu of the Individual Education 7146 Plan. 7147 (5) There must be only a single-family support plan to 7148 address the problems of the various family members unless the 7149 family requests that an individual family support plan be 7150 developed for different members of that family. The family 7151 support plan must replace individual habilitation plans for 7152 children from 3 through 5 years old who are served by the Agency 7153 for Persons with Disabilities. 7154 (6) The family support plan at a minimum must include the 7155 following information: 7156 (a) The family’s statement of family concerns, priorities, 7157 and resources. 7158 (b) Information related to the health, educational, 7159 economic and social needs, and overall development of the 7160 individual and the family. 7161 (c) The outcomes that the plan is intended to achieve. 7162 (d) Identification of the resources and services to achieve 7163 each outcome projected in the plan. These resources and services 7164 are to be provided based on availability and funding. 7165 (7) A family support plan meeting must be held with the 7166 family to initially develop the family support plan and annually 7167 thereafter to update the plan as necessary. The family includes 7168 anyone who has an integral role in the life of the individual or 7169 child as identified by the individual or family. The family 7170 support plan must be reviewed periodically during the year, at 7171 least at 6-month intervals, to modify and update the plan as 7172 needed. Such periodic reviews do not require a family support 7173 plan team meeting but may be accomplished through other means 7174 such as a case file review and telephone conference with the 7175 family. 7176 (8) The initial family support plan must be developed 7177 within a 90-day period. If exceptional circumstances make it 7178 impossible to complete the evaluation activities and to hold the 7179 initial family support plan team meeting within a reasonable 7180 time period, these circumstances must be documented, and the 7181 individual or family must be notified of the reason for the 7182 delay. With the agreement of the family and the provider, 7183 services for which either the individual or the family is 7184 eligible may be initiated before the completion of the 7185 evaluation activities and the family support plan. 7186 (9) The Department of Children and FamiliesFamily7187Services, the Department of Health, and the Department of 7188 Education, to the extent that funds are available, must offer 7189 technical assistance to communities to facilitate the 7190 implementation of the family support plan. 7191 Section 218. Paragraph (e) of subsection (2) and paragraph 7192 (e) of subsection (3) of section 411.226, Florida Statutes, are 7193 amended to read: 7194 411.226 Learning Gateway.— 7195 (2) LEARNING GATEWAY STEERING COMMITTEE.— 7196 (e) To support and facilitate system improvements, the 7197 steering committee must consult with representatives from the 7198 Department of Education, the Department of Health, the Office of 7199 Early Learning, the Department of Children and FamiliesFamily7200Services, the Agency for Health Care Administration, the 7201 Department of Juvenile Justice, and the Department of 7202 Corrections and with the director of the Learning Development 7203 and Evaluation Center of Florida Agricultural and Mechanical 7204 University. 7205 (3) LEARNING GATEWAY DEMONSTRATION PROJECTS.— 7206 (e) The demonstration projects shall recommend to the 7207 steering committee the linking or combining of some or all of 7208 the local planning bodies, including school readiness 7209 coalitions, Healthy Start coalitions, Part C advisory councils, 7210 Department of Children and FamiliesFamily Servicescommunity 7211 alliances, and other boards or councils that have a primary 7212 focus on services for children from birth to age 9, to the 7213 extent allowed by federal regulations, if such changes would 7214 improve coordination and reduce unnecessary duplication of 7215 effort. 7216 Section 219. Paragraph (g) of subsection (2) and paragraph 7217 (c) of subsection (3) of section 411.227, Florida Statutes, are 7218 amended to read: 7219 411.227 Components of the Learning Gateway.—The Learning 7220 Gateway system consists of the following components: 7221 (2) SCREENING AND DEVELOPMENTAL MONITORING.— 7222 (g) In conjunction with the technical assistance of the 7223 steering committee, demonstration projects shall develop a 7224 system for targeted screening. The projects should conduct a 7225 needs assessment of existing services and programs where 7226 targeted screening programs should be offered. Based on the 7227 results of the needs assessment, the project shall develop 7228 procedures within the demonstration community whereby periodic 7229 developmental screening could be offered to parents of children 7230 from birth through age 9 who are served by state intervention 7231 programs or whose parents or caregivers are in state 7232 intervention programs. Intervention programs for children, 7233 parents, and caregivers include those administered or funded by 7234 the: 7235 1. Agency for Health Care Administration; 7236 2. Department of Children and FamiliesFamily Services; 7237 3. Department of Corrections and other criminal justice 7238 programs; 7239 4. Department of Education; 7240 5. Department of Health; and 7241 6. Department of Juvenile Justice. 7242 (3) EARLY EDUCATION, SERVICES AND SUPPORTS.— 7243 (c) The steering committee, in cooperation with the 7244 Department of Children and FamiliesFamily Services, the 7245 Department of Education, and the Office of Early Learning, shall 7246 identify the elements of an effective research-based curriculum 7247 for early care and education programs. 7248 Section 220. Paragraph (a) of subsection (1) and subsection 7249 (3) of section 413.031, Florida Statutes, are amended to read: 7250 413.031 Products, purchase by state agencies and 7251 institutions.— 7252 (1) DEFINITIONS.—When used in this section: 7253 (a) “Accredited nonprofit workshop” means a Florida 7254 workshop which has been certified by either the Division of 7255 Blind Services, for workshops concerned with blind persons, or 7256 the Department of Children and FamiliesFamily Services, when 7257 other handicapped persons are concerned, and such “workshop” 7258 means a place where any article is manufactured or handwork is 7259 carried on and which is operated for the primary purpose of 7260 providing employment to severely handicapped individuals, 7261 including the blind, who cannot be readily absorbed in the 7262 competitive labor market. 7263 (3) When convenience or emergency requires it, the 7264 Department of Children and FamiliesFamily Servicesmay upon 7265 request of the purchasing officer of any institution or agency 7266 relieve her or him from the obligation of this section. 7267 Section 221. Paragraph (d) of subsection (2) of section 7268 413.208, Florida Statutes, is amended to read: 7269 413.208 Service providers; quality assurance; fitness for 7270 responsibilities; background screening.— 7271 (2) 7272 (d)1. Every 5 years following the initial screening, each 7273 person subject to background screening under this section must 7274 submit to level 2 background rescreening as a condition of the 7275 service provider retaining such registration. 7276 2. Until the person’s background screening results are 7277 retained in the clearinghouse created under s. 435.12, the 7278 division may accept as satisfying the requirements of this 7279 section proof of compliance with level 2 screening standards 7280 submitted within the previous 5 years to meet any provider or 7281 professional licensure requirements of the Agency for Health 7282 Care Administration, the Department of Health, the Department of 7283 Elderly Affairs, the Agency for Persons with Disabilities, or 7284 the Department of Children and FamiliesFamily Services, 7285 provided: 7286 a. The screening standards and disqualifying offenses for 7287 the prior screening are equivalent to those specified in s. 7288 435.04 and this section; 7289 b. The person subject to screening has not had a break in 7290 service from a position that requires level 2 screening for more 7291 than 90 days; and 7292 c. Such proof is accompanied, under penalty of perjury, by 7293 an affidavit of compliance with the provisions of chapter 435 7294 and this section. 7295 Section 222. Paragraph (b) of subsection (2) of section 7296 413.271, Florida Statutes, is amended to read: 7297 413.271 Florida Coordinating Council for the Deaf and Hard 7298 of Hearing.— 7299 (2) 7300 (b) The coordinating council shall be composed of 17 7301 members. The appointment of members not representing agencies 7302 shall be made by the Governor. The appointment of members 7303 representing organizations shall be made by the Governor in 7304 consultation with those organizations. The membership shall be 7305 as follows: 7306 1. Two members representing the Florida Association of the 7307 Deaf. 7308 2. Two members representing the Florida Association of Self 7309 Help for Hard of Hearing People. 7310 3. A member representing the Association of Late-Deafened 7311 Adults. 7312 4. An individual who is deaf and blind. 7313 5. A parent of an individual who is deaf. 7314 6. A member representing the Deaf Service Center 7315 Association. 7316 7. A member representing the Florida Registry of 7317 Interpreters for the Deaf. 7318 8. A member representing the Florida Alexander Graham Bell 7319 Association for the Deaf and Hard of Hearing. 7320 9. A communication access realtime translator. 7321 10. An audiologist licensed under part I of chapter 468. 7322 11. A hearing aid specialist licensed under part II of 7323 chapter 484. 7324 12. The Secretary of Children and FamiliesFamily Services7325 or his or her designee. 7326 13. The State Surgeon General or his or her designee. 7327 14. The Commissioner of Education or his or her designee. 7328 15. The Secretary of Elderly Affairs or his or her 7329 designee. 7330 7331 If any organization from which a representative is to be drawn 7332 ceases to exist, a representative of a similar organization 7333 shall be named to the coordinating council. The Governor shall 7334 make appointments to the coordinating council no later than 7335 August 1, 2004, and may remove any member for cause. Each member 7336 shall be appointed to a term of 4 years. However, for the 7337 purpose of providing staggered terms, of the initial 7338 appointments not representing state agencies, seven members, 7339 including the audiologist and the hearing aid specialist, shall 7340 be appointed to 2-year terms and six members shall be appointed 7341 to 4-year terms. Any vacancy on the coordinating council shall 7342 be filled in the same manner as the original appointment, and 7343 any member appointed to fill a vacancy occurring because of 7344 death, resignation, or ineligibility for membership shall serve 7345 only for the unexpired term of the member’s predecessor. Prior 7346 to serving on the coordinating council, all appointees must 7347 attend orientation training that shall address, at a minimum, 7348 the provisions of this section; the programs operated by the 7349 coordinating council; the role and functions of the coordinating 7350 council; the current budget for the coordinating council; the 7351 results of the most recent formal audit of the coordinating 7352 council; and the requirements of the state’s public records law, 7353 the code of ethics, the Administrative Procedure Act, and other 7354 laws relating to public officials, including conflict-of 7355 interest laws. 7356 Section 223. Paragraph (b) of subsection (2) of section 7357 413.402, Florida Statutes, is amended to read: 7358 413.402 Personal care attendant program.—The Florida 7359 Endowment Foundation for Vocational Rehabilitation shall enter 7360 into an agreement, no later than October 1, 2008, with the 7361 Florida Association of Centers for Independent Living to 7362 administer the James Patrick Memorial Work Incentive Personal 7363 Attendant Services Program to provide personal care attendants 7364 to persons who have severe and chronic disabilities of all kinds 7365 and who are eligible under subsection (1). Effective July 1, 7366 2008, the Florida Association of Centers for Independent Living 7367 shall receive 12 percent of the funds paid to or on behalf of 7368 participants from funds to be deposited with the Florida 7369 Endowment Foundation for Vocational Rehabilitation pursuant to 7370 ss. 320.08068(4)(d) and 413.4021(1) to administer the program. 7371 For the purpose of ensuring continuity of services, a memorandum 7372 of understanding shall be executed between the parties to cover 7373 the period between July 1, 2008, and the execution of the final 7374 agreement. 7375 (2) 7376 (b) The oversight group shall include, but need not be 7377 limited to, a member of the Florida Association of Centers for 7378 Independent Living, a person who is participating in the 7379 program, and one representative each from the Department of 7380 Revenue, the Department of Children and FamiliesFamily7381Services, the Division of Vocational Rehabilitation in the 7382 Department of Education, the Medicaid program in the Agency for 7383 Health Care Administration, the Florida Endowment Foundation for 7384 Vocational Rehabilitation, and the Brain and Spinal Cord Injury 7385 Program in the Department of Health. 7386 Section 224. Subsection (3) of section 414.0252, Florida 7387 Statutes, is amended to read: 7388 414.0252 Definitions.—As used in ss. 414.025-414.55, the 7389 term: 7390 (3) “Department” means the Department of Children and 7391 FamiliesFamily Services. 7392 Section 225. Subsection (1) of section 414.175, Florida 7393 Statutes, is amended to read: 7394 414.175 Review of existing waivers.— 7395 (1) The Department of Children and FamiliesFamily Services7396 shall review existing waivers granted to the department by the 7397 Federal Government and determine if such waivers continue to be 7398 necessary based on the flexibility granted to states by federal 7399 law. If it is determined that termination of the waivers would 7400 reduce or eliminate potential federal cost neutrality liability, 7401 the department may take action in accordance with federal 7402 requirements. In taking such action, the department may continue 7403 research initiated in conjunction with such waivers if the 7404 department determines that continuation will provide program 7405 findings that will be useful in assessing future welfare reform 7406 alternatives. 7407 Section 226. Subsection (1) of section 414.27, Florida 7408 Statutes, is amended to read: 7409 414.27 Temporary cash assistance; payment on death.— 7410 (1) Upon the death of any person receiving temporary cash 7411 assistance through the Department of Children and Families 7412Family Services, all temporary cash accrued to such person from 7413 the date of last payment to the date of death shall be paid to 7414 the person who shall have been designated by her or him on a 7415 form prescribed by the department and filed with the department 7416 during the lifetime of the person making such designation. If no 7417 designation is made, or the person so designated is no longer 7418 living or cannot be found, then payment shall be made to such 7419 person as may be designated by the circuit judge of the county 7420 where the recipient of temporary cash assistance resided. 7421 Designation by the circuit judge may be made on a form provided 7422 by the department or by letter or memorandum to the Chief 7423 Financial Officer. No filing or recording of the designation 7424 shall be required, and the circuit judge shall receive no 7425 compensation for such service. If a warrant has not been issued 7426 and forwarded prior to notice by the department of the 7427 recipient’s death, upon notice thereof, the department shall 7428 promptly requisition the Chief Financial Officer to issue a 7429 warrant in the amount of the accrued temporary cash assistance 7430 payable to the person designated to receive it and shall attach 7431 to the requisition the original designation of the deceased 7432 recipient, or if none, the designation made by the circuit 7433 judge, as well as a notice of death. The Chief Financial Officer 7434 shall issue a warrant in the amount payable. 7435 Section 227. Paragraph (a) of subsection (1) of section 7436 414.32, Florida Statutes, is amended to read: 7437 414.32 Prohibitions and restrictions with respect to food 7438 assistance program.— 7439 (1) COOPERATION WITH CHILD SUPPORT ENFORCEMENT AGENCY.— 7440 (a) A parent or caretaker relative who receives temporary 7441 cash assistance or food assistance on behalf of a child under 18 7442 years of age who has an absent parent is ineligible for food 7443 assistance unless the parent or caretaker relative cooperates 7444 with the state agency that administers the child support 7445 enforcement program in establishing the paternity of the child, 7446 if the child is born out of wedlock, and in obtaining support 7447 for the child or for the parent or caretaker relative and the 7448 child. This paragraph does not apply if the state agency that 7449 administers the food assistance program determines that the 7450 parent or caretaker relative has good cause for failing to 7451 cooperate. The Department of Revenue shall determine good cause 7452 for failure to cooperate if the Department of Children and 7453 FamiliesFamily Servicesobtains written authorization from the 7454 United States Department of Agriculture approving such 7455 arrangements. 7456 Section 228. Section 414.37, Florida Statutes, is amended 7457 to read: 7458 414.37 Public assistance overpayment recovery 7459 privatization; reemployment of laid-off career service 7460 employees.—Should career service employees of the Department of 7461 Children and FamiliesFamily Servicesbe subject to layoff after 7462 July 1, 1995, due to the privatization of public assistance 7463 overpayment recovery functions, the privatization contract shall 7464 require the contracting firm to give priority consideration to 7465 employment of such employees. In addition, a task force composed 7466 of representatives from the Department of Children and Families 7467Family Servicesand the Department of Management Services shall 7468 be established to provide reemployment assistance to such 7469 employees. 7470 Section 229. Subsection (6) of section 414.39, Florida 7471 Statutes, is amended to read: 7472 414.39 Fraud.— 7473 (6) Any person providing service for which compensation is 7474 paid under any state or federally funded public assistance 7475 program who solicits, requests, or receives, either actually or 7476 constructively, any payment or contribution through a payment, 7477 assessment, gift, devise, bequest or other means, whether 7478 directly or indirectly, from a recipient of public assistance 7479 from such public assistance program, or from the family of such 7480 a recipient, shall notify the Department of Children and 7481 FamiliesFamily Services, on a form provided by the department, 7482 of the amount of such payment or contribution and of such other 7483 information as specified by the department, within 10 days after 7484 the receipt of such payment or contribution or, if said payment 7485 or contribution is to become effective at some time in the 7486 future, within 10 days of the consummation of the agreement to 7487 make such payment or contribution. Failure to notify the 7488 department within the time prescribed is a misdemeanor of the 7489 first degree, punishable as provided in s. 775.082 or s. 7490 775.083. 7491 Section 230. Subsection (1) of section 414.391, Florida 7492 Statutes, is amended to read: 7493 414.391 Automated fingerprint imaging.— 7494 (1) The Department of Children and FamiliesFamily Services7495 shall develop and implement, as part of the electronic benefits 7496 transfer program, a statewide program to prevent public 7497 assistance fraud by using a type of automated fingerprint 7498 imaging of adult and teen parent applicants for, and adult and 7499 teen parent recipients of, public assistance under this chapter. 7500 Section 231. Paragraph (d) of subsection (2) of section 7501 414.40, Florida Statutes, is amended to read: 7502 414.40 Stop Inmate Fraud Program established; guidelines.— 7503 (2) The Department of Financial Services is directed to 7504 implement the Stop Inmate Fraud Program in accordance with the 7505 following guidelines: 7506 (d) Data obtained from correctional institutions or other 7507 detention facilities shall be compared with the client files of 7508 the Department of Children and FamiliesFamily Services, the 7509 Department of Economic Opportunity, and other state or local 7510 agencies as needed to identify persons wrongfully obtaining 7511 benefits. Data comparisons shall be accomplished during periods 7512 of low information demand by agency personnel to minimize 7513 inconvenience to the agency. 7514 Section 232. Subsections (1), (3), and (4) of section 7515 414.411, Florida Statutes, are amended to read: 7516 414.411 Public assistance fraud.— 7517 (1) The Department of Financial Services shall investigate 7518 all public assistance provided to residents of the state or 7519 provided to others by the state. In the course of such 7520 investigation the department shall examine all records, 7521 including electronic benefits transfer records and make inquiry 7522 of all persons who may have knowledge as to any irregularity 7523 incidental to the disbursement of public moneys, food 7524 assistance, or other items or benefits authorizations to 7525 recipients. All public assistance recipients, as a condition 7526 precedent to qualification for public assistance under chapter 7527 409, chapter 411, or this chapter, must first give in writing, 7528 to the Agency for Health Care Administration, the Department of 7529 Health, the Department of Economic Opportunity, and the 7530 Department of Children and FamiliesFamily Services, as 7531 appropriate, and to the Department of Financial Services, 7532 consent to make inquiry of past or present employers and 7533 records, financial or otherwise. 7534 (3) The results of such investigation shall be reported by 7535 the Department of Financial Services to the appropriate 7536 legislative committees, the Agency for Health Care 7537 Administration, the Department of Health, the Department of 7538 Economic Opportunity, and the Department of Children and 7539 FamiliesFamily Services, and to such others as the department 7540 may determine. 7541 (4) The Department of Health and the Department of Children 7542 and FamiliesFamily Servicesshall report to the Department of 7543 Financial Services the final disposition of all cases wherein 7544 action has been taken pursuant to s. 414.39, based upon 7545 information furnished by the Department of Financial Services. 7546 Section 233. Section 414.42, Florida Statutes, is amended 7547 to read: 7548 414.42 Cause for employee dismissal.—It is cause for 7549 dismissal of an employee of the Department of Children and 7550 FamiliesFamily Servicesif the employee knowingly and willfully 7551 allows an ineligible person to obtain public assistance. 7552 Section 234. Subsection (7) of section 415.102, Florida 7553 Statutes, is amended to read: 7554 415.102 Definitions of terms used in ss. 415.101-415.113. 7555 As used in ss. 415.101-415.113, the term: 7556 (7) “Department” means the Department of Children and 7557 FamiliesFamily Services. 7558 Section 235. Subsection (2) of section 415.107, Florida 7559 Statutes, is amended to read: 7560 415.107 Confidentiality of reports and records.— 7561 (2) Upon the request of the committee chairperson, access 7562 to all records shall be granted to staff of the legislative 7563 committees with jurisdiction over issues and services related to 7564 vulnerable adults, or over the department. All confidentiality 7565 provisions that apply to the Department of Children and Families 7566Family Servicescontinue to apply to the records made available 7567 to legislative staff under this subsection. 7568 Section 236. Subsections (1) and (2) of section 415.1071, 7569 Florida Statutes, are amended to read: 7570 415.1071 Release of confidential information.— 7571 (1) Any person or organization, including the Department of 7572 Children and FamiliesFamily Services, may petition the court 7573 for an order making public the records of the Department of 7574 Children and FamiliesFamily Serviceswhich pertain to 7575 investigations of alleged abuse, neglect, or exploitation of a 7576 vulnerable adult. The court shall determine whether good cause 7577 exists for public access to the records sought or a portion 7578 thereof. In making this determination, the court shall balance 7579 the best interests of the vulnerable adult who is the focus of 7580 the investigation together with the privacy right of other 7581 persons identified in the reports against the public interest. 7582 The public interest in access to such records is reflected in s. 7583 119.01(1), and includes the need for citizens to know of and 7584 adequately evaluate the actions of the Department of Children 7585 and FamiliesFamily Servicesand the court system in providing 7586 vulnerable adults of this state with the protections enumerated 7587 in s. 415.101. However, this subsection does not contravene s. 7588 415.107, which protects the name of any person reporting the 7589 abuse, neglect, or exploitation of a vulnerable adult. 7590 (2) In cases involving serious bodily injury to a 7591 vulnerable adult, the Department of Children and FamiliesFamily7592Servicesmay petition the court for an order for the immediate 7593 public release of records of the department which pertain to the 7594 protective investigation. The petition must be personally served 7595 upon the vulnerable adult, the vulnerable adult’s legal 7596 guardian, if any, and any person named as an alleged perpetrator 7597 in the report of abuse, neglect, or exploitation. The court must 7598 determine whether good cause exists for the public release of 7599 the records sought no later than 24 hours, excluding Saturdays, 7600 Sundays, and legal holidays, after the date the department filed 7601 the petition with the court. If the court does not grant or deny 7602 the petition within the 24-hour time period, the department may 7603 release to the public summary information including: 7604 (a) A confirmation that an investigation has been conducted 7605 concerning the alleged victim. 7606 (b) The dates and brief description of procedural 7607 activities undertaken during the department’s investigation. 7608 (c) The date of each judicial proceeding, a summary of each 7609 participant’s recommendations made at the judicial proceeding, 7610 and the ruling of the court. 7611 7612 The summary information shall not include the name of, or other 7613 identifying information with respect to, any person identified 7614 in any investigation. In making a determination to release 7615 confidential information, the court shall balance the best 7616 interests of the vulnerable adult who is the focus of the 7617 investigation together with the privacy rights of other persons 7618 identified in the reports against the public interest for access 7619 to public records. However, this subsection does not contravene 7620 s. 415.107, which protects the name of any person reporting 7621 abuse, neglect, or exploitation of a vulnerable adult. 7622 Section 237. Paragraphs (a) and (b) of subsection (1) of 7623 section 419.001, Florida Statutes, are amended to read: 7624 419.001 Site selection of community residential homes.— 7625 (1) For the purposes of this section, the term: 7626 (a) “Community residential home” means a dwelling unit 7627 licensed to serve residents who are clients of the Department of 7628 Elderly Affairs, the Agency for Persons with Disabilities, the 7629 Department of Juvenile Justice, or the Department of Children 7630 and FamiliesFamily Servicesor licensed by the Agency for 7631 Health Care Administration which provides a living environment 7632 for 7 to 14 unrelated residents who operate as the functional 7633 equivalent of a family, including such supervision and care by 7634 supportive staff as may be necessary to meet the physical, 7635 emotional, and social needs of the residents. 7636 (b) “Licensing entity” or “licensing entities” means the 7637 Department of Elderly Affairs, the Agency for Persons with 7638 Disabilities, the Department of Juvenile Justice, the Department 7639 of Children and FamiliesFamily Services, or the Agency for 7640 Health Care Administration, all of which are authorized to 7641 license a community residential home to serve residents. 7642 Section 238. Subsection (3) of section 420.621, Florida 7643 Statutes, is amended to read: 7644 420.621 Definitions.—As used in ss. 420.621-420.628, the 7645 term: 7646 (3) “Department” means the Department of Children and 7647 FamiliesFamily Services. 7648 Section 239. Subsections (2), (8), and (9) of section 7649 420.622, Florida Statutes, are amended to read: 7650 420.622 State Office on Homelessness; Council on 7651 Homelessness.— 7652 (2) The Council on Homelessness is created to consist of a 7653 17-member council of public and private agency representatives 7654 who shall develop policy and advise the State Office on 7655 Homelessness. The council members shall be: the Secretary of 7656 Children and FamiliesFamily Services, or his or her designee; 7657 the executive director of the Department of Economic 7658 Opportunity, or his or her designee, to advise the council on 7659 issues related to rural development; the State Surgeon General, 7660 or his or her designee; the Executive Director of Veterans’ 7661 Affairs, or his or her designee; the Secretary of Corrections, 7662 or his or her designee; the Secretary of Health Care 7663 Administration, or his or her designee; the Commissioner of 7664 Education, or his or her designee; the Director of Workforce 7665 Florida, Inc., or his or her designee; one representative of the 7666 Florida Association of Counties; one representative from the 7667 Florida League of Cities; one representative of the Florida 7668 Supportive Housing Coalition; the Executive Director of the 7669 Florida Housing Finance Corporation, or his or her designee; one 7670 representative of the Florida Coalition for the Homeless; and 7671 four members appointed by the Governor. The council members 7672 shall be volunteer, nonpaid persons and shall be reimbursed for 7673 travel expenses only. The appointed members of the council shall 7674 be appointed to staggered 2-year terms, and the council shall 7675 meet at least four times per year. The importance of minority, 7676 gender, and geographic representation must be considered when 7677 appointing members to the council. 7678 (8) The Department of Children and FamiliesFamily7679Services, with input from the Council on Homelessness, must 7680 adopt rules relating to the challenge grants and the homeless 7681 housing assistance grants and related issues consistent with the 7682 purposes of this section. 7683 (9) The council shall, by June 30 of each year, beginning 7684 in 2010, provide to the Governor, the Legislature, and the 7685 Secretary of Children and FamiliesFamily Servicesa report 7686 summarizing the extent of homelessness in the state and the 7687 council’s recommendations for reducing homelessness in this 7688 state. 7689 Section 240. Paragraph (d) of subsection (1) of section 7690 420.628, Florida Statutes, is amended to read: 7691 420.628 Affordable housing for children and young adults 7692 leaving foster care; legislative findings and intent.— 7693 (1) 7694 (d) The Legislature intends that the Florida Housing 7695 Finance Corporation, agencies within the State Housing 7696 Initiative Partnership Program, local housing finance agencies, 7697 public housing authorities, and their agents, and other 7698 providers of affordable housing coordinate with the Department 7699 of Children and FamiliesFamily Services, their agents, and 7700 community-based care providers who provide services under s. 7701 409.1671 to develop and implement strategies and procedures 7702 designed to make affordable housing available whenever and 7703 wherever possible to young adults who leave the child welfare 7704 system. 7705 Section 241. Paragraph (d) of subsection (1) of section 7706 421.10, Florida Statutes, is amended to read: 7707 421.10 Rentals and tenant selection.— 7708 (1) In the operation or management of housing projects an 7709 authority shall at all times observe the following duties with 7710 respect to rentals and tenant selection: 7711 (d) The Department of Children and FamiliesFamily7712Services, pursuant to 45 C.F.R. s. 233.20(a)(3)(vii)(c), may not 7713 consider as income for recipients of temporary cash assistance 7714 any assistance received by recipients from other agencies or 7715 organizations such as public housing authorities. 7716 Section 242. Paragraph (g) of subsection (1) of section 7717 427.012, Florida Statutes, is amended to read: 7718 427.012 The Commission for the Transportation 7719 Disadvantaged.—There is created the Commission for the 7720 Transportation Disadvantaged in the Department of 7721 Transportation. 7722 (1) The commission shall consist of seven members, all of 7723 whom shall be appointed by the Governor, in accordance with the 7724 requirements of s. 20.052. 7725 (g) The Secretary of Transportation, the Secretary of 7726 Children and FamiliesFamily Services, the executive director of 7727 the Department of Economic Opportunity, the executive director 7728 of the Department of Veterans’ Affairs, the Secretary of Elderly 7729 Affairs, the Secretary of Health Care Administration, the 7730 director of the Agency for Persons with Disabilities, and a 7731 county manager or administrator who is appointed by the 7732 Governor, or a senior management level representative of each, 7733 shall serve as ex officio, nonvoting advisors to the commission. 7734 Section 243. Subsection (2) of section 429.01, Florida 7735 Statutes, is amended to read: 7736 429.01 Short title; purpose.— 7737 (2) The purpose of this act is to promote the availability 7738 of appropriate services for elderly persons and adults with 7739 disabilities in the least restrictive and most homelike 7740 environment, to encourage the development of facilities that 7741 promote the dignity, individuality, privacy, and decisionmaking 7742 ability of such persons, to provide for the health, safety, and 7743 welfare of residents of assisted living facilities in the state, 7744 to promote continued improvement of such facilities, to 7745 encourage the development of innovative and affordable 7746 facilities particularly for persons with low to moderate 7747 incomes, to ensure that all agencies of the state cooperate in 7748 the protection of such residents, and to ensure that needed 7749 economic, social, mental health, health, and leisure services 7750 are made available to residents of such facilities through the 7751 efforts of the Agency for Health Care Administration, the 7752 Department of Elderly Affairs, the Department of Children and 7753 FamiliesFamily Services, the Department of Health, assisted 7754 living facilities, and other community agencies. To the maximum 7755 extent possible, appropriate community-based programs must be 7756 available to state-supported residents to augment the services 7757 provided in assisted living facilities. The Legislature 7758 recognizes that assisted living facilities are an important part 7759 of the continuum of long-term care in the state. In support of 7760 the goal of aging in place, the Legislature further recognizes 7761 that assisted living facilities should be operated and regulated 7762 as residential environments with supportive services and not as 7763 medical or nursing facilities. The services available in these 7764 facilities, either directly or through contract or agreement, 7765 are intended to help residents remain as independent as 7766 possible. Regulations governing these facilities must be 7767 sufficiently flexible to allow facilities to adopt policies that 7768 enable residents to age in place when resources are available to 7769 meet their needs and accommodate their preferences. 7770 Section 244. Subsection (1) and paragraph (b) of subsection 7771 (3) of section 429.075, Florida Statutes, are amended to read: 7772 429.075 Limited mental health license.—An assisted living 7773 facility that serves three or more mental health residents must 7774 obtain a limited mental health license. 7775 (1) To obtain a limited mental health license, a facility 7776 must hold a standard license as an assisted living facility, 7777 must not have any current uncorrected deficiencies or 7778 violations, and must ensure that, within 6 months after 7779 receiving a limited mental health license, the facility 7780 administrator and the staff of the facility who are in direct 7781 contact with mental health residents must complete training of 7782 no less than 6 hours related to their duties. Such designation 7783 may be made at the time of initial licensure or relicensure or 7784 upon request in writing by a licensee under this part and part 7785 II of chapter 408. Notification of approval or denial of such 7786 request shall be made in accordance with this part, part II of 7787 chapter 408, and applicable rules. This training will be 7788 provided by or approved by the Department of Children and 7789 FamiliesFamily Services. 7790 (3) A facility that has a limited mental health license 7791 must: 7792 (b) Have documentation that is provided by the Department 7793 of Children and FamiliesFamily Servicesthat each mental health 7794 resident has been assessed and determined to be able to live in 7795 the community in an assisted living facility with a limited 7796 mental health license. 7797 Section 245. Paragraphs (c) and (d) of subsection (2) of 7798 section 429.08, Florida Statutes, are amended to read: 7799 429.08 Unlicensed facilities; referral of person for 7800 residency to unlicensed facility; penalties.— 7801 (2) It is unlawful to knowingly refer a person for 7802 residency to an unlicensed assisted living facility; to an 7803 assisted living facility the license of which is under denial or 7804 has been suspended or revoked; or to an assisted living facility 7805 that has a moratorium pursuant to part II of chapter 408. 7806 (c) Any employee of the agency or department, or the 7807 Department of Children and FamiliesFamily Services, who 7808 knowingly refers a person for residency to an unlicensed 7809 facility; to a facility the license of which is under denial or 7810 has been suspended or revoked; or to a facility that has a 7811 moratorium pursuant to part II of chapter 408 is subject to 7812 disciplinary action by the agency or department, or the 7813 Department of Children and FamiliesFamily Services. 7814 (d) The employer of any person who is under contract with 7815 the agency or department, or the Department of Children and 7816 FamiliesFamily Services, and who knowingly refers a person for 7817 residency to an unlicensed facility; to a facility the license 7818 of which is under denial or has been suspended or revoked; or to 7819 a facility that has a moratorium pursuant to part II of chapter 7820 408 shall be fined and required to prepare a corrective action 7821 plan designed to prevent such referrals. 7822 Section 246. Subsection (9) of section 429.19, Florida 7823 Statutes, is amended to read: 7824 429.19 Violations; imposition of administrative fines; 7825 grounds.— 7826 (9) The agency shall develop and disseminate an annual list 7827 of all facilities sanctioned or fined for violations of state 7828 standards, the number and class of violations involved, the 7829 penalties imposed, and the current status of cases. The list 7830 shall be disseminated, at no charge, to the Department of 7831 Elderly Affairs, the Department of Health, the Department of 7832 Children and FamiliesFamily Services, the Agency for Persons 7833 with Disabilities, the area agencies on aging, the Florida 7834 Statewide Advocacy Council, and the state and local ombudsman 7835 councils. The Department of Children and FamiliesFamily7836Servicesshall disseminate the list to service providers under 7837 contract to the department who are responsible for referring 7838 persons to a facility for residency. The agency may charge a fee 7839 commensurate with the cost of printing and postage to other 7840 interested parties requesting a copy of this list. This 7841 information may be provided electronically or through the 7842 agency’s Internet site. 7843 Section 247. Subsection (6) of section 429.23, Florida 7844 Statutes, is amended to read: 7845 429.23 Internal risk management and quality assurance 7846 program; adverse incidents and reporting requirements.— 7847 (6) Abuse, neglect, or exploitation must be reported to the 7848 Department of Children and FamiliesFamily Servicesas required 7849 under chapter 415. 7850 Section 248. Subsections (1), (6), and (8) of section 7851 429.26, Florida Statutes, are amended to read: 7852 429.26 Appropriateness of placements; examinations of 7853 residents.— 7854 (1) The owner or administrator of a facility is responsible 7855 for determining the appropriateness of admission of an 7856 individual to the facility and for determining the continued 7857 appropriateness of residence of an individual in the facility. A 7858 determination shall be based upon an assessment of the 7859 strengths, needs, and preferences of the resident, the care and 7860 services offered or arranged for by the facility in accordance 7861 with facility policy, and any limitations in law or rule related 7862 to admission criteria or continued residency for the type of 7863 license held by the facility under this part. A resident may not 7864 be moved from one facility to another without consultation with 7865 and agreement from the resident or, if applicable, the 7866 resident’s representative or designee or the resident’s family, 7867 guardian, surrogate, or attorney in fact. In the case of a 7868 resident who has been placed by the department or the Department 7869 of Children and FamiliesFamily Services, the administrator must 7870 notify the appropriate contact person in the applicable 7871 department. 7872 (6) Any resident accepted in a facility and placed by the 7873 department or the Department of Children and FamiliesFamily7874Servicesshall have been examined by medical personnel within 30 7875 days before placement in the facility. The examination shall 7876 include an assessment of the appropriateness of placement in a 7877 facility. The findings of this examination shall be recorded on 7878 the examination form provided by the agency. The completed form 7879 shall accompany the resident and shall be submitted to the 7880 facility owner or administrator. Additionally, in the case of a 7881 mental health resident, the Department of Children and Families 7882Family Servicesmust provide documentation that the individual 7883 has been assessed by a psychiatrist, clinical psychologist, 7884 clinical social worker, or psychiatric nurse, or an individual 7885 who is supervised by one of these professionals, and determined 7886 to be appropriate to reside in an assisted living facility. The 7887 documentation must be in the facility within 30 days after the 7888 mental health resident has been admitted to the facility. An 7889 evaluation completed upon discharge from a state mental hospital 7890 meets the requirements of this subsection related to 7891 appropriateness for placement as a mental health resident 7892 providing it was completed within 90 days prior to admission to 7893 the facility. The applicable department shall provide to the 7894 facility administrator any information about the resident that 7895 would help the administrator meet his or her responsibilities 7896 under subsection (1). Further, department personnel shall 7897 explain to the facility operator any special needs of the 7898 resident and advise the operator whom to call should problems 7899 arise. The applicable department shall advise and assist the 7900 facility administrator where the special needs of residents who 7901 are recipients of optional state supplementation require such 7902 assistance. 7903 (8) The Department of Children and FamiliesFamily Services7904 may require an examination for supplemental security income and 7905 optional state supplementation recipients residing in facilities 7906 at any time and shall provide the examination whenever a 7907 resident’s condition requires it. Any facility administrator; 7908 personnel of the agency, the department, or the Department of 7909 Children and FamiliesFamily Services; or long-term care 7910 ombudsman council member who believes a resident needs to be 7911 evaluated shall notify the resident’s case manager, who shall 7912 take appropriate action. A report of the examination findings 7913 shall be provided to the resident’s case manager and the 7914 facility administrator to help the administrator meet his or her 7915 responsibilities under subsection (1). 7916 Section 249. Subsection (2) of section 429.31, Florida 7917 Statutes, is amended to read: 7918 429.31 Closing of facility; notice; penalty.— 7919 (2) Immediately upon the notice by the agency of the 7920 voluntary or involuntary termination of such operation, the 7921 agency shall monitor the transfer of residents to other 7922 facilities and ensure that residents’ rights are being 7923 protected. The department, in consultation with the Department 7924 of Children and FamiliesFamily Services, shall specify 7925 procedures for ensuring that all residents who receive services 7926 are appropriately relocated. 7927 Section 250. Section 429.34, Florida Statutes, is amended 7928 to read: 7929 429.34 Right of entry and inspection.—In addition to the 7930 requirements of s. 408.811, any duly designated officer or 7931 employee of the department, the Department of Children and 7932 FamiliesFamily Services, the Medicaid Fraud Control Unit of the 7933 Office of the Attorney General, the state or local fire marshal, 7934 or a member of the state or local long-term care ombudsman 7935 council shall have the right to enter unannounced upon and into 7936 the premises of any facility licensed pursuant to this part in 7937 order to determine the state of compliance with the provisions 7938 of this part, part II of chapter 408, and applicable rules. Data 7939 collected by the state or local long-term care ombudsman 7940 councils or the state or local advocacy councils may be used by 7941 the agency in investigations involving violations of regulatory 7942 standards. 7943 Section 251. Subsection (1) of section 429.41, Florida 7944 Statutes, is amended to read: 7945 429.41 Rules establishing standards.— 7946 (1) It is the intent of the Legislature that rules 7947 published and enforced pursuant to this section shall include 7948 criteria by which a reasonable and consistent quality of 7949 resident care and quality of life may be ensured and the results 7950 of such resident care may be demonstrated. Such rules shall also 7951 ensure a safe and sanitary environment that is residential and 7952 noninstitutional in design or nature. It is further intended 7953 that reasonable efforts be made to accommodate the needs and 7954 preferences of residents to enhance the quality of life in a 7955 facility. The agency, in consultation with the department, may 7956 adopt rules to administer the requirements of part II of chapter 7957 408. In order to provide safe and sanitary facilities and the 7958 highest quality of resident care accommodating the needs and 7959 preferences of residents, the department, in consultation with 7960 the agency, the Department of Children and FamiliesFamily7961Services, and the Department of Health, shall adopt rules, 7962 policies, and procedures to administer this part, which must 7963 include reasonable and fair minimum standards in relation to: 7964 (a) The requirements for and maintenance of facilities, not 7965 in conflict with chapter 553, relating to plumbing, heating, 7966 cooling, lighting, ventilation, living space, and other housing 7967 conditions, which will ensure the health, safety, and comfort of 7968 residents and protection from fire hazard, including adequate 7969 provisions for fire alarm and other fire protection suitable to 7970 the size of the structure. Uniform firesafety standards shall be 7971 established and enforced by the State Fire Marshal in 7972 cooperation with the agency, the department, and the Department 7973 of Health. 7974 1. Evacuation capability determination.— 7975 a. The National Fire Protection Association, NFPA 101A, 7976 Chapter 5, 1995 edition, shall be used for determining the 7977 ability of the residents, with or without staff assistance, to 7978 relocate from or within a licensed facility to a point of safety 7979 as provided in the fire codes adopted herein. An evacuation 7980 capability evaluation for initial licensure shall be conducted 7981 within 6 months after the date of licensure. For existing 7982 licensed facilities that are not equipped with an automatic fire 7983 sprinkler system, the administrator shall evaluate the 7984 evacuation capability of residents at least annually. The 7985 evacuation capability evaluation for each facility not equipped 7986 with an automatic fire sprinkler system shall be validated, 7987 without liability, by the State Fire Marshal, by the local fire 7988 marshal, or by the local authority having jurisdiction over 7989 firesafety, before the license renewal date. If the State Fire 7990 Marshal, local fire marshal, or local authority having 7991 jurisdiction over firesafety has reason to believe that the 7992 evacuation capability of a facility as reported by the 7993 administrator may have changed, it may, with assistance from the 7994 facility administrator, reevaluate the evacuation capability 7995 through timed exiting drills. Translation of timed fire exiting 7996 drills to evacuation capability may be determined: 7997 (I) Three minutes or less: prompt. 7998 (II) More than 3 minutes, but not more than 13 minutes: 7999 slow. 8000 (III) More than 13 minutes: impractical. 8001 b. The Office of the State Fire Marshal shall provide or 8002 cause the provision of training and education on the proper 8003 application of Chapter 5, NFPA 101A, 1995 edition, to its 8004 employees, to staff of the Agency for Health Care Administration 8005 who are responsible for regulating facilities under this part, 8006 and to local governmental inspectors. The Office of the State 8007 Fire Marshal shall provide or cause the provision of this 8008 training within its existing budget, but may charge a fee for 8009 this training to offset its costs. The initial training must be 8010 delivered within 6 months after July 1, 1995, and as needed 8011 thereafter. 8012 c. The Office of the State Fire Marshal, in cooperation 8013 with provider associations, shall provide or cause the provision 8014 of a training program designed to inform facility operators on 8015 how to properly review bid documents relating to the 8016 installation of automatic fire sprinklers. The Office of the 8017 State Fire Marshal shall provide or cause the provision of this 8018 training within its existing budget, but may charge a fee for 8019 this training to offset its costs. The initial training must be 8020 delivered within 6 months after July 1, 1995, and as needed 8021 thereafter. 8022 d. The administrator of a licensed facility shall sign an 8023 affidavit verifying the number of residents occupying the 8024 facility at the time of the evacuation capability evaluation. 8025 2. Firesafety requirements.— 8026 a. Except for the special applications provided herein, 8027 effective January 1, 1996, the National Fire Protection 8028 Association, Life Safety Code, NFPA 101, 1994 edition, Chapter 8029 22 for new facilities and Chapter 23 for existing facilities 8030 shall be the uniform fire code applied by the State Fire Marshal 8031 for assisted living facilities, pursuant to s. 633.206. 8032 b. Any new facility, regardless of size, that applies for a 8033 license on or after January 1, 1996, must be equipped with an 8034 automatic fire sprinkler system. The exceptions as provided in 8035 s. 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein, apply 8036 to any new facility housing eight or fewer residents. On July 1, 8037 1995, local governmental entities responsible for the issuance 8038 of permits for construction shall inform, without liability, any 8039 facility whose permit for construction is obtained before 8040 January 1, 1996, of this automatic fire sprinkler requirement. 8041 As used in this part, the term “a new facility” does not mean an 8042 existing facility that has undergone change of ownership. 8043 c. Notwithstanding any provision of s. 633.206 or of the 8044 National Fire Protection Association, NFPA 101A, Chapter 5, 1995 8045 edition, to the contrary, any existing facility housing eight or 8046 fewer residents is not required to install an automatic fire 8047 sprinkler system, nor to comply with any other requirement in 8048 Chapter 23, NFPA 101, 1994 edition, that exceeds the firesafety 8049 requirements of NFPA 101, 1988 edition, that applies to this 8050 size facility, unless the facility has been classified as 8051 impractical to evacuate. Any existing facility housing eight or 8052 fewer residents that is classified as impractical to evacuate 8053 must install an automatic fire sprinkler system within the 8054 timeframes granted in this section. 8055 d. Any existing facility that is required to install an 8056 automatic fire sprinkler system under this paragraph need not 8057 meet other firesafety requirements of Chapter 23, NFPA 101, 1994 8058 edition, which exceed the provisions of NFPA 101, 1988 edition. 8059 The mandate contained in this paragraph which requires certain 8060 facilities to install an automatic fire sprinkler system 8061 supersedes any other requirement. 8062 e. This paragraph does not supersede the exceptions granted 8063 in NFPA 101, 1988 edition or 1994 edition. 8064 f. This paragraph does not exempt facilities from other 8065 firesafety provisions adopted under s. 633.206 and local 8066 building code requirements in effect before July 1, 1995. 8067 g. A local government may charge fees only in an amount not 8068 to exceed the actual expenses incurred by local government 8069 relating to the installation and maintenance of an automatic 8070 fire sprinkler system in an existing and properly licensed 8071 assisted living facility structure as of January 1, 1996. 8072 h. If a licensed facility undergoes major reconstruction or 8073 addition to an existing building on or after January 1, 1996, 8074 the entire building must be equipped with an automatic fire 8075 sprinkler system. Major reconstruction of a building means 8076 repair or restoration that costs in excess of 50 percent of the 8077 value of the building as reported on the tax rolls, excluding 8078 land, before reconstruction. Multiple reconstruction projects 8079 within a 5-year period the total costs of which exceed 50 8080 percent of the initial value of the building when the first 8081 reconstruction project was permitted are to be considered as 8082 major reconstruction. Application for a permit for an automatic 8083 fire sprinkler system is required upon application for a permit 8084 for a reconstruction project that creates costs that go over the 8085 50-percent threshold. 8086 i. Any facility licensed before January 1, 1996, that is 8087 required to install an automatic fire sprinkler system shall 8088 ensure that the installation is completed within the following 8089 timeframes based upon evacuation capability of the facility as 8090 determined under subparagraph 1.: 8091 (I) Impractical evacuation capability, 24 months. 8092 (II) Slow evacuation capability, 48 months. 8093 (III) Prompt evacuation capability, 60 months. 8094 8095 The beginning date from which the deadline for the automatic 8096 fire sprinkler installation requirement must be calculated is 8097 upon receipt of written notice from the local fire official that 8098 an automatic fire sprinkler system must be installed. The local 8099 fire official shall send a copy of the document indicating the 8100 requirement of a fire sprinkler system to the Agency for Health 8101 Care Administration. 8102 j. It is recognized that the installation of an automatic 8103 fire sprinkler system may create financial hardship for some 8104 facilities. The appropriate local fire official shall, without 8105 liability, grant two 1-year extensions to the timeframes for 8106 installation established herein, if an automatic fire sprinkler 8107 installation cost estimate and proof of denial from two 8108 financial institutions for a construction loan to install the 8109 automatic fire sprinkler system are submitted. However, for any 8110 facility with a class I or class II, or a history of uncorrected 8111 class III, firesafety deficiencies, an extension must not be 8112 granted. The local fire official shall send a copy of the 8113 document granting the time extension to the Agency for Health 8114 Care Administration. 8115 k. A facility owner whose facility is required to be 8116 equipped with an automatic fire sprinkler system under Chapter 8117 23, NFPA 101, 1994 edition, as adopted herein, must disclose to 8118 any potential buyer of the facility that an installation of an 8119 automatic fire sprinkler requirement exists. The sale of the 8120 facility does not alter the timeframe for the installation of 8121 the automatic fire sprinkler system. 8122 l. Existing facilities required to install an automatic 8123 fire sprinkler system as a result of construction-type 8124 restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted 8125 herein, or evacuation capability requirements shall be notified 8126 by the local fire official in writing of the automatic fire 8127 sprinkler requirement, as well as the appropriate date for final 8128 compliance as provided in this subparagraph. The local fire 8129 official shall send a copy of the document to the Agency for 8130 Health Care Administration. 8131 m. Except in cases of life-threatening fire hazards, if an 8132 existing facility experiences a change in the evacuation 8133 capability, or if the local authority having jurisdiction 8134 identifies a construction-type restriction, such that an 8135 automatic fire sprinkler system is required, it shall be given 8136 time for installation as provided in this subparagraph. 8137 8138 Facilities that are fully sprinkled and in compliance with other 8139 firesafety standards are not required to conduct more than one 8140 of the required fire drills between the hours of 11 p.m. and 7 8141 a.m., per year. In lieu of the remaining drills, staff 8142 responsible for residents during such hours may be required to 8143 participate in a mock drill that includes a review of evacuation 8144 procedures. Such standards must be included or referenced in the 8145 rules adopted by the State Fire Marshal. Pursuant to s. 8146 633.206(1)(b), the State Fire Marshal is the final 8147 administrative authority for firesafety standards established 8148 and enforced pursuant to this section. All licensed facilities 8149 must have an annual fire inspection conducted by the local fire 8150 marshal or authority having jurisdiction. 8151 3. Resident elopement requirements.—Facilities are required 8152 to conduct a minimum of two resident elopement prevention and 8153 response drills per year. All administrators and direct care 8154 staff must participate in the drills which shall include a 8155 review of procedures to address resident elopement. Facilities 8156 must document the implementation of the drills and ensure that 8157 the drills are conducted in a manner consistent with the 8158 facility’s resident elopement policies and procedures. 8159 (b) The preparation and annual update of a comprehensive 8160 emergency management plan. Such standards must be included in 8161 the rules adopted by the department after consultation with the 8162 Division of Emergency Management. At a minimum, the rules must 8163 provide for plan components that address emergency evacuation 8164 transportation; adequate sheltering arrangements; postdisaster 8165 activities, including provision of emergency power, food, and 8166 water; postdisaster transportation; supplies; staffing; 8167 emergency equipment; individual identification of residents and 8168 transfer of records; communication with families; and responses 8169 to family inquiries. The comprehensive emergency management plan 8170 is subject to review and approval by the local emergency 8171 management agency. During its review, the local emergency 8172 management agency shall ensure that the following agencies, at a 8173 minimum, are given the opportunity to review the plan: the 8174 Department of Elderly Affairs, the Department of Health, the 8175 Agency for Health Care Administration, and the Division of 8176 Emergency Management. Also, appropriate volunteer organizations 8177 must be given the opportunity to review the plan. The local 8178 emergency management agency shall complete its review within 60 8179 days and either approve the plan or advise the facility of 8180 necessary revisions. 8181 (c) The number, training, and qualifications of all 8182 personnel having responsibility for the care of residents. The 8183 rules must require adequate staff to provide for the safety of 8184 all residents. Facilities licensed for 17 or more residents are 8185 required to maintain an alert staff for 24 hours per day. 8186 (d) All sanitary conditions within the facility and its 8187 surroundings which will ensure the health and comfort of 8188 residents. The rules must clearly delineate the responsibilities 8189 of the agency’s licensure and survey staff, the county health 8190 departments, and the local authority having jurisdiction over 8191 firesafety and ensure that inspections are not duplicative. The 8192 agency may collect fees for food service inspections conducted 8193 by the county health departments and transfer such fees to the 8194 Department of Health. 8195 (e) License application and license renewal, transfer of 8196 ownership, proper management of resident funds and personal 8197 property, surety bonds, resident contracts, refund policies, 8198 financial ability to operate, and facility and staff records. 8199 (f) Inspections, complaint investigations, moratoriums, 8200 classification of deficiencies, levying and enforcement of 8201 penalties, and use of income from fees and fines. 8202 (g) The enforcement of the resident bill of rights 8203 specified in s. 429.28. 8204 (h) The care and maintenance of residents, which must 8205 include, but is not limited to: 8206 1. The supervision of residents; 8207 2. The provision of personal services; 8208 3. The provision of, or arrangement for, social and leisure 8209 activities; 8210 4. The arrangement for appointments and transportation to 8211 appropriate medical, dental, nursing, or mental health services, 8212 as needed by residents; 8213 5. The management of medication; 8214 6. The nutritional needs of residents; 8215 7. Resident records; and 8216 8. Internal risk management and quality assurance. 8217 (i) Facilities holding a limited nursing, extended 8218 congregate care, or limited mental health license. 8219 (j) The establishment of specific criteria to define 8220 appropriateness of resident admission and continued residency in 8221 a facility holding a standard, limited nursing, extended 8222 congregate care, and limited mental health license. 8223 (k) The use of physical or chemical restraints. The use of 8224 physical restraints is limited to half-bed rails as prescribed 8225 and documented by the resident’s physician with the consent of 8226 the resident or, if applicable, the resident’s representative or 8227 designee or the resident’s surrogate, guardian, or attorney in 8228 fact. The use of chemical restraints is limited to prescribed 8229 dosages of medications authorized by the resident’s physician 8230 and must be consistent with the resident’s diagnosis. Residents 8231 who are receiving medications that can serve as chemical 8232 restraints must be evaluated by their physician at least 8233 annually to assess: 8234 1. The continued need for the medication. 8235 2. The level of the medication in the resident’s blood. 8236 3. The need for adjustments in the prescription. 8237 (l) The establishment of specific policies and procedures 8238 on resident elopement. Facilities shall conduct a minimum of two 8239 resident elopement drills each year. All administrators and 8240 direct care staff shall participate in the drills. Facilities 8241 shall document the drills. 8242 Section 252. Subsections (6) and (8) of section 429.67, 8243 Florida Statutes, are amended to read: 8244 429.67 Licensure.— 8245 (6) In addition to the requirements of s. 408.811, access 8246 to a licensed adult family-care home must be provided at 8247 reasonable times for the appropriate officials of the 8248 department, the Department of Health, the Department of Children 8249 and FamiliesFamily Services, the agency, and the State Fire 8250 Marshal, who are responsible for the development and maintenance 8251 of fire, health, sanitary, and safety standards, to inspect the 8252 facility to assure compliance with these standards. In addition, 8253 access to a licensed adult family-care home must be provided at 8254 reasonable times for the local long-term care ombudsman council. 8255 (8) Each adult family-care home must designate at least one 8256 licensed space for a resident receiving optional state 8257 supplementation. The Department of Children and FamiliesFamily8258Servicesshall specify by rule the procedures to be followed for 8259 referring residents who receive optional state supplementation 8260 to adult family-care homes. Those homes licensed as adult foster 8261 homes or assisted living facilities prior to January 1, 1994, 8262 that convert to adult family-care homes, are exempt from this 8263 requirement. 8264 Section 253. Subsection (1) of section 429.73, Florida 8265 Statutes, is amended to read: 8266 429.73 Rules and standards relating to adult family-care 8267 homes.— 8268 (1) The agency, in consultation with the department, may 8269 adopt rules to administer the requirements of part II of chapter 8270 408. The department, in consultation with the Department of 8271 Health, the Department of Children and FamiliesFamily Services, 8272 and the agency shall, by rule, establish minimum standards to 8273 ensure the health, safety, and well-being of each resident in 8274 the adult family-care home pursuant to this part. The rules must 8275 address: 8276 (a) Requirements for the physical site of the facility and 8277 facility maintenance. 8278 (b) Services that must be provided to all residents of an 8279 adult family-care home and standards for such services, which 8280 must include, but need not be limited to: 8281 1. Room and board. 8282 2. Assistance necessary to perform the activities of daily 8283 living. 8284 3. Assistance necessary to administer medication. 8285 4. Supervision of residents. 8286 5. Health monitoring. 8287 6. Social and leisure activities. 8288 (c) Standards and procedures for license application and 8289 annual license renewal, advertising, proper management of each 8290 resident’s funds and personal property and personal affairs, 8291 financial ability to operate, medication management, 8292 inspections, complaint investigations, and facility, staff, and 8293 resident records. 8294 (d) Qualifications, training, standards, and 8295 responsibilities for providers and staff. 8296 (e) Compliance with chapter 419, relating to community 8297 residential homes. 8298 (f) Criteria and procedures for determining the 8299 appropriateness of a resident’s placement and continued 8300 residency in an adult family-care home. A resident who requires 8301 24-hour nursing supervision may not be retained in an adult 8302 family-care home unless such resident is an enrolled hospice 8303 patient and the resident’s continued residency is mutually 8304 agreeable to the resident and the provider. 8305 (g) Procedures for providing notice and assuring the least 8306 possible disruption of residents’ lives when residents are 8307 relocated, an adult family-care home is closed, or the ownership 8308 of an adult family-care home is transferred. 8309 (h) Procedures to protect the residents’ rights as provided 8310 in s. 429.85. 8311 (i) Procedures to promote the growth of adult family-care 8312 homes as a component of a long-term care system. 8313 (j) Procedures to promote the goal of aging in place for 8314 residents of adult family-care homes. 8315 Section 254. Subsection (4) of section 429.75, Florida 8316 Statutes, is amended to read: 8317 429.75 Training and education programs.— 8318 (4) If the Department of Children and FamiliesFamily8319Services, the agency, or the department determines that there 8320 are problems in an adult family-care home which could be reduced 8321 through specific training or education beyond that required 8322 under this section, the agency may require the provider or staff 8323 to complete such training or education. 8324 Section 255. Subsection (1), paragraph (g) of subsection 8325 (3), and subsection (13) of section 430.2053, Florida Statutes, 8326 are amended to read: 8327 430.2053 Aging resource centers.— 8328 (1) The department, in consultation with the Agency for 8329 Health Care Administration and the Department of Children and 8330 FamiliesFamily Services, shall develop pilot projects for aging 8331 resource centers. 8332 (3) The duties of an aging resource center are to: 8333 (g) Enhance the existing area agency on aging in each 8334 planning and service area by integrating, either physically or 8335 virtually, the staff and services of the area agency on aging 8336 with the staff of the department’s local CARES Medicaid 8337 preadmission screening unit and a sufficient number of staff 8338 from the Department of Children and Families’Family Services’8339 Economic Self-Sufficiency Unit necessary to determine the 8340 financial eligibility for all persons age 60 and older residing 8341 within the area served by the aging resource center that are 8342 seeking Medicaid services, Supplemental Security Income, and 8343 food assistance. 8344 (13) Each aging resource center shall enter into a 8345 memorandum of understanding with the Department of Children and 8346 FamiliesFamily Servicesfor collaboration with the Economic 8347 Self-Sufficiency Unit staff. The memorandum of understanding 8348 shall outline which staff persons are responsible for which 8349 functions and shall provide the staffing levels necessary to 8350 carry out the functions of the aging resource center. 8351 Section 256. Subsection (5) of section 430.705, Florida 8352 Statutes, is amended to read: 8353 430.705 Implementation of the long-term care community 8354 diversion pilot projects.— 8355 (5) A prospective participant who applies for the long-term 8356 care community diversion pilot project and is determined by the 8357 Comprehensive Assessment Review and Evaluation for Long-Term 8358 Care Services (CARES) Program within the Department of Elderly 8359 Affairs to be medically eligible, but has not been determined 8360 financially eligible by the Department of Children and Families 8361Family Services, shall be designated “Medicaid Pending.” CARES 8362 shall determine each applicant’s eligibility within 22 days 8363 after receiving the application. Contractors may elect to 8364 provide services to Medicaid Pending individuals until their 8365 financial eligibility is determined. If the individual is 8366 determined financially eligible, the agency shall pay the 8367 contractor that provided the services a capitated rate 8368 retroactive to the first of the month following the CARES 8369 eligibility determination. If the individual is not financially 8370 eligible for Medicaid, the contractor may terminate services and 8371 seek reimbursement from the individual. 8372 Section 257. Subsections (1) and (5) of section 435.02, 8373 Florida Statutes, are amended to read: 8374 435.02 Definitions.—For the purposes of this chapter, the 8375 term: 8376 (1) “Agency” means any state, county, or municipal agency 8377 that grants licenses or registration permitting the operation of 8378 an employer or is itself an employer or that otherwise 8379 facilitates the screening of employees pursuant to this chapter. 8380 If there is no state agency or the municipal or county agency 8381 chooses not to conduct employment screening, “agency” means the 8382 Department of Children and FamiliesFamily Services. 8383 (5) “Specified agency” means the Department of Health, the 8384 Department of Children and FamiliesFamily Services, the 8385 Division of Vocational Rehabilitation within the Department of 8386 Education, the Agency for Health Care Administration, the 8387 Department of Elderly Affairs, the Department of Juvenile 8388 Justice, and the Agency for Persons with Disabilities when these 8389 agencies are conducting state and national criminal history 8390 background screening on persons who work with children or 8391 persons who are elderly or disabled. 8392 Section 258. Subsection (5) of section 445.016, Florida 8393 Statutes, is amended to read: 8394 445.016 Untried Worker Placement and Employment Incentive 8395 Act.— 8396 (5) Incentives must be paid according to the incentive 8397 schedule developed by Workforce Florida, Inc., the Department of 8398 Economic Opportunity, and the Department of Children and 8399 FamiliesFamily Serviceswhich costs the state less per 8400 placement than the state’s 12-month expenditure on a welfare 8401 recipient. 8402 Section 259. Subsection (2) of section 445.021, Florida 8403 Statutes, is amended to read: 8404 445.021 Relocation assistance program.— 8405 (2) The relocation assistance program shall involve five 8406 steps by the regional workforce board, in cooperation with the 8407 Department of Children and FamiliesFamily Services: 8408 (a) A determination that the family is receiving temporary 8409 cash assistance or that all requirements of eligibility for 8410 diversion services would likely be met. 8411 (b) A determination that there is a basis for believing 8412 that relocation will contribute to the ability of the applicant 8413 to achieve self-sufficiency. For example, the applicant: 8414 1. Is unlikely to achieve economic self-sufficiency at the 8415 current community of residence; 8416 2. Has secured a job that provides an increased salary or 8417 improved benefits and that requires relocation to another 8418 community; 8419 3. Has a family support network that will contribute to job 8420 retention in another community; 8421 4. Is determined, pursuant to criteria or procedures 8422 established by the board of directors of Workforce Florida, 8423 Inc., to be a victim of domestic violence who would experience 8424 reduced probability of further incidents through relocation; or 8425 5. Must relocate in order to receive education or training 8426 that is directly related to the applicant’s employment or career 8427 advancement. 8428 (c) Establishment of a relocation plan that includes such 8429 requirements as are necessary to prevent abuse of the benefit 8430 and provisions to protect the safety of victims of domestic 8431 violence and avoid provisions that place them in anticipated 8432 danger. The payment to defray relocation expenses shall be 8433 determined based on criteria approved by the board of directors 8434 of Workforce Florida, Inc. Participants in the relocation 8435 program shall be eligible for diversion or transitional 8436 benefits. 8437 (d) A determination, pursuant to criteria adopted by the 8438 board of directors of Workforce Florida, Inc., that a community 8439 receiving a relocated family has the capacity to provide needed 8440 services and employment opportunities. 8441 (e) Monitoring the relocation. 8442 Section 260. Section 445.028, Florida Statutes, is amended 8443 to read: 8444 445.028 Transitional benefits and services.—In cooperation 8445 with Workforce Florida, Inc., the Department of Children and 8446 FamiliesFamily Servicesshall develop procedures to ensure that 8447 families leaving the temporary cash assistance program receive 8448 transitional benefits and services that will assist the family 8449 in moving toward self-sufficiency. At a minimum, such procedures 8450 must include, but are not limited to, the following: 8451 (1) Each recipient of cash assistance who is determined 8452 ineligible for cash assistance for a reason other than a work 8453 activity sanction shall be contacted by the workforce system 8454 case manager and provided information about the availability of 8455 transitional benefits and services. Such contact shall be 8456 attempted prior to closure of the case management file. 8457 (2) Each recipient of temporary cash assistance who is 8458 determined ineligible for cash assistance due to noncompliance 8459 with the work activity requirements shall be contacted and 8460 provided information in accordance with s. 414.065(1). 8461 (3) The department, in consultation with the board of 8462 directors of Workforce Florida, Inc., shall develop 8463 informational material, including posters and brochures, to 8464 better inform families about the availability of transitional 8465 benefits and services. 8466 (4) Workforce Florida, Inc., in cooperation with the 8467 Department of Children and FamiliesFamily Servicesshall, to 8468 the extent permitted by federal law, develop procedures to 8469 maximize the utilization of transitional Medicaid by families 8470 who leave the temporary cash assistance program. 8471 Section 261. Subsection (2) of section 445.029, Florida 8472 Statutes, is amended to read: 8473 445.029 Transitional medical benefits.— 8474 (2) The family shall be informed of transitional Medicaid 8475 when the family is notified by the Department of Children and 8476 FamiliesFamily Servicesof the termination of temporary cash 8477 assistance. The notice must include a description of the 8478 circumstances in which the transitional Medicaid may be 8479 terminated. 8480 Section 262. Section 445.033, Florida Statutes, is amended 8481 to read: 8482 445.033 Evaluation.—The board of directors of Workforce 8483 Florida, Inc., and the Department of Children and Families 8484Family Servicesshall arrange for evaluation of TANF-funded 8485 programs operated under this chapter, as follows: 8486 (1) If required by federal waivers or other federal 8487 requirements, the board of directors of Workforce Florida, Inc., 8488 and the department may provide for evaluation according to these 8489 requirements. 8490 (2) The board of directors of Workforce Florida, Inc., and 8491 the department shall participate in the evaluation of this 8492 program in conjunction with evaluation of the state’s workforce 8493 development programs or similar activities aimed at evaluating 8494 program outcomes, cost-effectiveness, or return on investment, 8495 and the impact of time limits, sanctions, and other welfare 8496 reform measures set out in this chapter. Evaluation shall also 8497 contain information on the number of participants in work 8498 experience assignments who obtain unsubsidized employment, 8499 including, but not limited to, the length of time the 8500 unsubsidized job is retained, wages, and the public benefits, if 8501 any, received by such families while in unsubsidized employment. 8502 The evaluation shall solicit the input of consumers, community 8503 based organizations, service providers, employers, and the 8504 general public, and shall publicize, especially in low-income 8505 communities, the process for submitting comments. 8506 (3) The board of directors of Workforce Florida, Inc., and 8507 the department may share information with and develop protocols 8508 for information exchange with the Florida Education and Training 8509 Placement Information Program. 8510 (4) The board of directors of Workforce Florida, Inc., and 8511 the department may initiate or participate in additional 8512 evaluation or assessment activities that will further the 8513 systematic study of issues related to program goals and 8514 outcomes. 8515 (5) In providing for evaluation activities, the board of 8516 directors of Workforce Florida, Inc., and the department shall 8517 safeguard the use or disclosure of information obtained from 8518 program participants consistent with federal or state 8519 requirements. Evaluation methodologies may be used which are 8520 appropriate for evaluation of program activities, including 8521 random assignment of recipients or participants into program 8522 groups or control groups. To the extent necessary or 8523 appropriate, evaluation data shall provide information with 8524 respect to the state, district, or county, or other substate 8525 area. 8526 (6) The board of directors of Workforce Florida, Inc., and 8527 the department may contract with a qualified organization for 8528 evaluations conducted under this section. 8529 Section 263. Section 445.034, Florida Statutes, is amended 8530 to read: 8531 445.034 Authorized expenditures.—Any expenditures from the 8532 Temporary Assistance for Needy Families block grant shall be 8533 made in accordance with the requirements and limitations of part 8534 A of Title IV of the Social Security Act, as amended, or any 8535 other applicable federal requirement or limitation. Prior to any 8536 expenditure of such funds, the Secretary of Children and 8537 FamiliesFamily Services, or his or her designee, shall certify 8538 that controls are in place to ensure such funds are expended in 8539 accordance with the requirements and limitations of federal law 8540 and that any reporting requirements of federal law are met. It 8541 shall be the responsibility of any entity to which such funds 8542 are appropriated to obtain the required certification prior to 8543 any expenditure of funds. 8544 Section 264. Section 445.035, Florida Statutes, is amended 8545 to read: 8546 445.035 Data collection and reporting.—The Department of 8547 Children and FamiliesFamily Servicesand the board of directors 8548 of Workforce Florida, Inc., shall collect data necessary to 8549 administer this chapter and make the reports required under 8550 federal law to the United States Department of Health and Human 8551 Services and the United States Department of Agriculture. 8552 Section 265. Subsections (1) and (2), paragraph (b) of 8553 subsection (4), and subsection (5) of section 445.048, Florida 8554 Statutes, are amended to read: 8555 445.048 Passport to Economic Progress program.— 8556 (1) AUTHORIZATION.—Notwithstanding any law to the contrary, 8557 Workforce Florida, Inc., in conjunction with the Department of 8558 Children and FamiliesFamily Servicesand the Department of 8559 Economic Opportunity, shall implement a Passport to Economic 8560 Progress program consistent with the provisions of this section. 8561 Workforce Florida, Inc., may designate regional workforce boards 8562 to participate in the program. Expenses for the program may come 8563 from appropriated revenues or from funds otherwise available to 8564 a regional workforce board which may be legally used for such 8565 purposes. Workforce Florida, Inc., must consult with the 8566 applicable regional workforce boards and the applicable local 8567 offices of the Department of Children and FamiliesFamily8568Serviceswhich serve the program areas and must encourage 8569 community input into the implementation process. 8570 (2) WAIVERS.—If Workforce Florida, Inc., in consultation 8571 with the Department of Children and FamiliesFamily Services, 8572 finds that federal waivers would facilitate implementation of 8573 the program, the department shall immediately request such 8574 waivers, and Workforce Florida, Inc., shall report to the 8575 Governor, the President of the Senate, and the Speaker of the 8576 House of Representatives if any refusal of the federal 8577 government to grant such waivers prevents the implementation of 8578 the program. If Workforce Florida, Inc., finds that federal 8579 waivers to provisions of the Food Assistance Program would 8580 facilitate implementation of the program, the Department of 8581 Children and FamiliesFamily Servicesshall immediately request 8582 such waivers in accordance with s. 414.175. 8583 (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.— 8584 (b) Workforce Florida, Inc., in cooperation with the 8585 Department of Children and FamiliesFamily Servicesand the 8586 Department of Economic Opportunity, shall offer performance 8587 based incentive bonuses as a component of the Passport to 8588 Economic Progress program. The bonuses do not represent a 8589 program entitlement and shall be contingent on achieving 8590 specific benchmarks prescribed in the self-sufficiency plan. If 8591 the funds appropriated for this purpose are insufficient to 8592 provide this financial incentive, the board of directors of 8593 Workforce Florida, Inc., may reduce or suspend the bonuses in 8594 order not to exceed the appropriation or may direct the regional 8595 boards to use resources otherwise given to the regional 8596 workforce to pay such bonuses if such payments comply with 8597 applicable state and federal laws. 8598 (5) EVALUATIONS AND RECOMMENDATIONS.—Workforce Florida, 8599 Inc., in conjunction with the Department of Children and 8600 FamiliesFamily Services, the Department of Economic 8601 Opportunity, and the regional workforce boards, shall conduct a 8602 comprehensive evaluation of the effectiveness of the program 8603 operated under this section. Evaluations and recommendations for 8604 the program shall be submitted by Workforce Florida, Inc., as 8605 part of its annual report to the Legislature. 8606 Section 266. Subsection (3) of section 445.051, Florida 8607 Statutes, is amended to read: 8608 445.051 Individual development accounts.— 8609 (3) The Department of Children and FamiliesFamily Services8610 shall amend the Temporary Assistance for Needy Families State 8611 Plan which was submitted in accordance with s. 402 of the Social 8612 Security Act, as amended, 42 U.S.C. s. 602, to provide for the 8613 use of funds for individual development accounts in accordance 8614 with this section. 8615 Section 267. Paragraph (h) of subsection (1) of section 8616 450.191, Florida Statutes, is amended to read: 8617 450.191 Executive Office of the Governor; powers and 8618 duties.— 8619 (1) The Executive Office of the Governor is authorized and 8620 directed to: 8621 (h) Cooperate with the Department of Children and Families 8622Family Servicesin coordinating all public assistance programs 8623 as they may apply to migrant laborers. 8624 Section 268. Paragraph (d) of subsection (4) of section 8625 456.0391, Florida Statutes, is amended to read: 8626 456.0391 Advanced registered nurse practitioners; 8627 information required for certification.— 8628 (4) 8629 (d) Any applicant for initial certification or renewal of 8630 certification as an advanced registered nurse practitioner who 8631 submits to the Department of Health a set of fingerprints and 8632 information required for the criminal history check required 8633 under this section shall not be required to provide a subsequent 8634 set of fingerprints or other duplicate information required for 8635 a criminal history check to the Agency for Health Care 8636 Administration, the Department of Juvenile Justice, or the 8637 Department of Children and FamiliesFamily Servicesfor 8638 employment or licensure with such agency or department, if the 8639 applicant has undergone a criminal history check as a condition 8640 of initial certification or renewal of certification as an 8641 advanced registered nurse practitioner with the Department of 8642 Health, notwithstanding any other provision of law to the 8643 contrary. In lieu of such duplicate submission, the Agency for 8644 Health Care Administration, the Department of Juvenile Justice, 8645 and the Department of Children and FamiliesFamily Services8646 shall obtain criminal history information for employment or 8647 licensure of persons certified under s. 464.012 by such agency 8648 or department from the Department of Health’s health care 8649 practitioner credentialing system. 8650 Section 269. Subsection (6) of section 464.0205, Florida 8651 Statutes, is amended to read: 8652 464.0205 Retired volunteer nurse certificate.— 8653 (6) A retired volunteer nurse certified under this section 8654 may practice only in board-approved settings in public agencies 8655 or institutions or in nonprofit agencies or institutions meeting 8656 the requirements of s. 501(c)(3) of the Internal Revenue Code, 8657 which agencies or institutions are located in areas of critical 8658 nursing need as determined by the board. Determination of 8659 underserved areas shall be made by the board after consultation 8660 with the Department of Health, the Department of Children and 8661 FamiliesFamily Services, the Agency for Health Care 8662 Administration, and the Department of Elderly Affairs; however, 8663 such determination shall include, but not be limited to, health 8664 manpower shortage areas designated by the United States 8665 Department of Health and Human Services. The sponsoring agencies 8666 desiring to use certified retired volunteer nurses shall submit 8667 to the board verification of their status under s. 501(c)(3) of 8668 the Internal Revenue Code, the sites at which such volunteer 8669 nurses would work, the duties and scope of practice intended for 8670 such volunteer nurses, and the training or skills validation for 8671 such volunteer nurses. 8672 Section 270. Subsection (14) of section 466.003, Florida 8673 Statutes, is amended to read: 8674 466.003 Definitions.—As used in this chapter: 8675 (14) “Health access setting” means a program or an 8676 institution of the Department of Children and FamiliesFamily8677Services, the Department of Health, the Department of Juvenile 8678 Justice, a nonprofit community health center, a Head Start 8679 center, a federally qualified health center or look-alike as 8680 defined by federal law, a school-based prevention program, a 8681 clinic operated by an accredited college of dentistry, or an 8682 accredited dental hygiene program in this state if such 8683 community service program or institution immediately reports to 8684 the Board of Dentistry all violations of s. 466.027, s. 466.028, 8685 or other practice act or standard of care violations related to 8686 the actions or inactions of a dentist, dental hygienist, or 8687 dental assistant engaged in the delivery of dental care in such 8688 setting. 8689 Section 271. Paragraph (b) of subsection (2) and subsection 8690 (4) of section 466.023, Florida Statutes, are amended to read: 8691 466.023 Dental hygienists; scope and area of practice.— 8692 (2) Dental hygienists may perform their duties: 8693 (b) In public health programs and institutions of the 8694 Department of Children and FamiliesFamily Services, Department 8695 of Health, and Department of Juvenile Justice under the general 8696 supervision of a licensed dentist; 8697 (4) The board by rule may limit the number of dental 8698 hygienists or dental assistants to be supervised by a dentist if 8699 they perform expanded duties requiring direct or indirect 8700 supervision pursuant to the provisions of this chapter. The 8701 purpose of the limitation shall be to protect the health and 8702 safety of patients and to ensure that procedures which require 8703 more than general supervision be adequately supervised. However, 8704 the Department of Children and FamiliesFamily Services, 8705 Department of Health, Department of Juvenile Justice, and public 8706 institutions approved by the board shall not be so limited as to 8707 the number of dental hygienists or dental assistants working 8708 under the supervision of a licensed dentist. 8709 Section 272. Paragraph (c) of subsection (15) and 8710 subsection (16) of section 489.503, Florida Statutes, are 8711 amended to read: 8712 489.503 Exemptions.—This part does not apply to: 8713 (15) The provision, installation, testing, routine 8714 maintenance, factory-servicing, or monitoring of a personal 8715 emergency response system, as defined in s. 489.505, by an 8716 authorized person who: 8717 (c) Performs services for the Department of Children and 8718 FamiliesFamily Servicesunder chapter 410; or 8719 (16) The monitoring of a personal emergency response 8720 system, as defined in s. 489.505, by a charitable, not-for 8721 profit corporation acting in accordance with a contractual 8722 agreement with the Agency for Health Care Administration or one 8723 of its licensed health care facilities, the Department of 8724 Elderly Affairs, or the Department of Children and Families 8725Family Services, providing that the organization does not 8726 perform any other service requiring certification or 8727 registration under this part. Nothing in this subsection shall 8728 be construed to provide any of the agencies mentioned in this 8729 subsection the authority to develop rules, criteria, or policy 8730 pursuant to this subsection. 8731 Section 273. Subsection (8) of section 490.012, Florida 8732 Statutes, is amended to read: 8733 490.012 Violations; penalties; injunction.— 8734 (8) Effective October 1, 2000, a person may not practice 8735 juvenile sexual offender therapy in this state, as the practice 8736 is defined in s. 490.0145, for compensation, unless the person 8737 holds an active license issued under this chapter and meets the 8738 requirements to practice juvenile sexual offender therapy. An 8739 unlicensed person may be employed by a program operated by or 8740 under contract with the Department of Juvenile Justice or the 8741 Department of Children and FamiliesFamily Servicesif the 8742 program employs a professional who is licensed under chapter 8743 458, chapter 459, s. 490.0145, or s. 491.0144 who manages or 8744 supervises the treatment services. 8745 Section 274. Paragraph (n) of subsection (1) of section 8746 491.012, Florida Statutes, is amended to read: 8747 491.012 Violations; penalty; injunction.— 8748 (1) It is unlawful and a violation of this chapter for any 8749 person to: 8750 (n) Effective October 1, 2000, practice juvenile sexual 8751 offender therapy in this state, as the practice is defined in s. 8752 491.0144, for compensation, unless the person holds an active 8753 license issued under this chapter and meets the requirements to 8754 practice juvenile sexual offender therapy. An unlicensed person 8755 may be employed by a program operated by or under contract with 8756 the Department of Juvenile Justice or the Department of Children 8757 and FamiliesFamily Servicesif the program employs a 8758 professional who is licensed under chapter 458, chapter 459, s. 8759 490.0145, or s. 491.0144 who manages or supervises the treatment 8760 services. 8761 Section 275. Paragraph (b) of subsection (4) and paragraph 8762 (b) of subsection (5) of section 509.013, Florida Statutes, are 8763 amended to read: 8764 509.013 Definitions.—As used in this chapter, the term: 8765 (4) 8766 (b) The following are excluded from the definitions in 8767 paragraph (a): 8768 1. Any dormitory or other living or sleeping facility 8769 maintained by a public or private school, college, or university 8770 for the use of students, faculty, or visitors. 8771 2. Any facility certified or licensed and regulated by the 8772 Agency for Health Care Administration or the Department of 8773 Children and FamiliesFamily Servicesor other similar place 8774 regulated under s. 381.0072. 8775 3. Any place renting four rental units or less, unless the 8776 rental units are advertised or held out to the public to be 8777 places that are regularly rented to transients. 8778 4. Any unit or group of units in a condominium, 8779 cooperative, or timeshare plan and any individually or 8780 collectively owned one-family, two-family, three-family, or 8781 four-family dwelling house or dwelling unit that is rented for 8782 periods of at least 30 days or 1 calendar month, whichever is 8783 less, and that is not advertised or held out to the public as a 8784 place regularly rented for periods of less than 1 calendar 8785 month, provided that no more than four rental units within a 8786 single complex of buildings are available for rent. 8787 5. Any migrant labor camp or residential migrant housing 8788 permitted by the Department of Health under ss. 381.008 8789 381.00895. 8790 6. Any establishment inspected by the Department of Health 8791 and regulated by chapter 513. 8792 7. Any nonprofit organization that operates a facility 8793 providing housing only to patients, patients’ families, and 8794 patients’ caregivers and not to the general public. 8795 8. Any apartment building inspected by the United States 8796 Department of Housing and Urban Development or other entity 8797 acting on the department’s behalf that is designated primarily 8798 as housing for persons at least 62 years of age. The division 8799 may require the operator of the apartment building to attest in 8800 writing that such building meets the criteria provided in this 8801 subparagraph. The division may adopt rules to implement this 8802 requirement. 8803 9. Any roominghouse, boardinghouse, or other living or 8804 sleeping facility that may not be classified as a hotel, motel, 8805 vacation rental, nontransient apartment, bed and breakfast inn, 8806 or transient apartment under s. 509.242. 8807 (5) 8808 (b) The following are excluded from the definition in 8809 paragraph (a): 8810 1. Any place maintained and operated by a public or private 8811 school, college, or university: 8812 a. For the use of students and faculty; or 8813 b. Temporarily to serve such events as fairs, carnivals, 8814 and athletic contests. 8815 2. Any eating place maintained and operated by a church or 8816 a religious, nonprofit fraternal, or nonprofit civic 8817 organization: 8818 a. For the use of members and associates; or 8819 b. Temporarily to serve such events as fairs, carnivals, or 8820 athletic contests. 8821 3. Any eating place located on an airplane, train, bus, or 8822 watercraft which is a common carrier. 8823 4. Any eating place maintained by a facility certified or 8824 licensed and regulated by the Agency for Health Care 8825 Administration or the Department of Children and FamiliesFamily8826Servicesor other similar place that is regulated under s. 8827 381.0072. 8828 5. Any place of business issued a permit or inspected by 8829 the Department of Agriculture and Consumer Services under s. 8830 500.12. 8831 6. Any place of business where the food available for 8832 consumption is limited to ice, beverages with or without 8833 garnishment, popcorn, or prepackaged items sold without 8834 additions or preparation. 8835 7. Any theater, if the primary use is as a theater and if 8836 patron service is limited to food items customarily served to 8837 the admittees of theaters. 8838 8. Any vending machine that dispenses any food or beverages 8839 other than potentially hazardous foods, as defined by division 8840 rule. 8841 9. Any vending machine that dispenses potentially hazardous 8842 food and which is located in a facility regulated under s. 8843 381.0072. 8844 10. Any research and development test kitchen limited to 8845 the use of employees and which is not open to the general 8846 public. 8847 Section 276. Paragraph (g) of subsection (1) of section 8848 553.80, Florida Statutes, is amended to read: 8849 553.80 Enforcement.— 8850 (1) Except as provided in paragraphs (a)-(g), each local 8851 government and each legally constituted enforcement district 8852 with statutory authority shall regulate building construction 8853 and, where authorized in the state agency’s enabling 8854 legislation, each state agency shall enforce the Florida 8855 Building Code required by this part on all public or private 8856 buildings, structures, and facilities, unless such 8857 responsibility has been delegated to another unit of government 8858 pursuant to s. 553.79(9). 8859 (g) Construction regulations relating to secure mental 8860 health treatment facilities under the jurisdiction of the 8861 Department of Children and FamiliesFamily Servicesshall be 8862 enforced exclusively by the department in conjunction with the 8863 Agency for Health Care Administration’s review authority under 8864 paragraph (c). 8865 8866 The governing bodies of local governments may provide a schedule 8867 of fees, as authorized by s. 125.56(2) or s. 166.222 and this 8868 section, for the enforcement of the provisions of this part. 8869 Such fees shall be used solely for carrying out the local 8870 government’s responsibilities in enforcing the Florida Building 8871 Code. The authority of state enforcing agencies to set fees for 8872 enforcement shall be derived from authority existing on July 1, 8873 1998. However, nothing contained in this subsection shall 8874 operate to limit such agencies from adjusting their fee schedule 8875 in conformance with existing authority. 8876 Section 277. Subsection (5) of section 561.19, Florida 8877 Statutes, is amended to read: 8878 561.19 License issuance upon approval of division.— 8879 (5) A fee of $10,750 shall be collected from each person, 8880 firm, or corporation that is issued a new liquor license subject 8881 to the limitation imposed in s. 561.20(1) as provided in this 8882 section. This initial license fee shall not be imposed on any 8883 license renewal and shall be in addition to the license fees 8884 imposed by s. 565.02. The revenues collected from the initial 8885 license fee imposed by this subsection shall be deposited in the 8886 Department of Children and Families’Family Services’Operations 8887 and Maintenance Trust Fund to be used only for alcohol and drug 8888 abuse education, treatment, and prevention programs. 8889 Section 278. Paragraph (a) of subsection (2) of section 8890 561.20, Florida Statutes, is amended to read: 8891 561.20 Limitation upon number of licenses issued.— 8892 (2)(a) No such limitation of the number of licenses as 8893 herein provided shall henceforth prohibit the issuance of a 8894 special license to: 8895 1. Any bona fide hotel, motel, or motor court of not fewer 8896 than 80 guest rooms in any county having a population of less 8897 than 50,000 residents, and of not fewer than 100 guest rooms in 8898 any county having a population of 50,000 residents or greater; 8899 or any bona fide hotel or motel located in a historic structure, 8900 as defined in s. 561.01(21), with fewer than 100 guest rooms 8901 which derives at least 51 percent of its gross revenue from the 8902 rental of hotel or motel rooms, which is licensed as a public 8903 lodging establishment by the Division of Hotels and Restaurants; 8904 provided, however, that a bona fide hotel or motel with no fewer 8905 than 10 and no more than 25 guest rooms which is a historic 8906 structure, as defined in s. 561.01(21), in a municipality that 8907 on the effective date of this act has a population, according to 8908 the University of Florida’s Bureau of Economic and Business 8909 Research Estimates of Population for 1998, of no fewer than 8910 25,000 and no more than 35,000 residents and that is within a 8911 constitutionally chartered county may be issued a special 8912 license. This special license shall allow the sale and 8913 consumption of alcoholic beverages only on the licensed premises 8914 of the hotel or motel. In addition, the hotel or motel must 8915 derive at least 60 percent of its gross revenue from the rental 8916 of hotel or motel rooms and the sale of food and nonalcoholic 8917 beverages; provided that the provisions of this subparagraph 8918 shall supersede local laws requiring a greater number of hotel 8919 rooms; 8920 2. Any condominium accommodation of which no fewer than 100 8921 condominium units are wholly rentable to transients and which is 8922 licensed under the provisions of chapter 509, except that the 8923 license shall be issued only to the person or corporation which 8924 operates the hotel or motel operation and not to the association 8925 of condominium owners; 8926 3. Any condominium accommodation of which no fewer than 50 8927 condominium units are wholly rentable to transients, which is 8928 licensed under the provisions of chapter 509, and which is 8929 located in any county having home rule under s. 10 or s. 11, 8930 Art. VIII of the State Constitution of 1885, as amended, and 8931 incorporated by reference in s. 6(e), Art. VIII of the State 8932 Constitution, except that the license shall be issued only to 8933 the person or corporation which operates the hotel or motel 8934 operation and not to the association of condominium owners; 8935 4. Any restaurant having 2,500 square feet of service area 8936 and equipped to serve 150 persons full course meals at tables at 8937 one time, and deriving at least 51 percent of its gross revenue 8938 from the sale of food and nonalcoholic beverages; however, no 8939 restaurant granted a special license on or after January 1, 8940 1958, pursuant to general or special law shall operate as a 8941 package store, nor shall intoxicating beverages be sold under 8942 such license after the hours of serving food have elapsed; or 8943 5. Any caterer, deriving at least 51 percent of its gross 8944 revenue from the sale of food and nonalcoholic beverages, 8945 licensed by the Division of Hotels and Restaurants under chapter 8946 509. Notwithstanding any other provision of law to the contrary, 8947 a licensee under this subparagraph shall sell or serve alcoholic 8948 beverages only for consumption on the premises of a catered 8949 event at which the licensee is also providing prepared food, and 8950 shall prominently display its license at any catered event at 8951 which the caterer is selling or serving alcoholic beverages. A 8952 licensee under this subparagraph shall purchase all alcoholic 8953 beverages it sells or serves at a catered event from a vendor 8954 licensed under s. 563.02(1), s. 564.02(1), or licensed under s. 8955 565.02(1) subject to the limitation imposed in subsection (1), 8956 as appropriate. A licensee under this subparagraph may not store 8957 any alcoholic beverages to be sold or served at a catered event. 8958 Any alcoholic beverages purchased by a licensee under this 8959 subparagraph for a catered event that are not used at that event 8960 must remain with the customer; provided that if the vendor 8961 accepts unopened alcoholic beverages, the licensee may return 8962 such alcoholic beverages to the vendor for a credit or 8963 reimbursement. Regardless of the county or counties in which the 8964 licensee operates, a licensee under this subparagraph shall pay 8965 the annual state license tax set forth in s. 565.02(1)(b). A 8966 licensee under this subparagraph must maintain for a period of 3 8967 years all records required by the department by rule to 8968 demonstrate compliance with the requirements of this 8969 subparagraph, including licensed vendor receipts for the 8970 purchase of alcoholic beverages and records identifying each 8971 customer and the location and date of each catered event. 8972 Notwithstanding any provision of law to the contrary, any vendor 8973 licensed under s. 565.02(1) subject to the limitation imposed in 8974 subsection (1), may, without any additional licensure under this 8975 subparagraph, serve or sell alcoholic beverages for consumption 8976 on the premises of a catered event at which prepared food is 8977 provided by a caterer licensed under chapter 509. If a licensee 8978 under this subparagraph also possesses any other license under 8979 the Beverage Law, the license issued under this subparagraph 8980 shall not authorize the holder to conduct activities on the 8981 premises to which the other license or licenses apply that would 8982 otherwise be prohibited by the terms of that license or the 8983 Beverage Law. Nothing in this section shall permit the licensee 8984 to conduct activities that are otherwise prohibited by the 8985 Beverage Law or local law. The Division of Alcoholic Beverages 8986 and Tobacco is hereby authorized to adopt rules to administer 8987 the license created in this subparagraph, to include rules 8988 governing licensure, recordkeeping, and enforcement. The first 8989 $300,000 in fees collected by the division each fiscal year 8990 pursuant to this subparagraph shall be deposited in the 8991 Department of Children and Families’Family Services’ Operations 8992 and Maintenance Trust Fund to be used only for alcohol and drug 8993 abuse education, treatment, and prevention programs. The 8994 remainder of the fees collected shall be deposited into the 8995 Hotel and Restaurant Trust Fund created pursuant to s. 509.072. 8996 8997 However, any license heretofore issued to any such hotel, motel, 8998 motor court, or restaurant or hereafter issued to any such 8999 hotel, motel, or motor court, including a condominium 9000 accommodation, under the general law shall not be moved to a new 9001 location, such license being valid only on the premises of such 9002 hotel, motel, motor court, or restaurant. Licenses issued to 9003 hotels, motels, motor courts, or restaurants under the general 9004 law and held by such hotels, motels, motor courts, or 9005 restaurants on May 24, 1947, shall be counted in the quota 9006 limitation contained in subsection (1). Any license issued for 9007 any hotel, motel, or motor court under the provisions of this 9008 law shall be issued only to the owner of the hotel, motel, or 9009 motor court or, in the event the hotel, motel, or motor court is 9010 leased, to the lessee of the hotel, motel, or motor court; and 9011 the license shall remain in the name of the owner or lessee so 9012 long as the license is in existence. Any special license now in 9013 existence heretofore issued under the provisions of this law 9014 cannot be renewed except in the name of the owner of the hotel, 9015 motel, motor court, or restaurant or, in the event the hotel, 9016 motel, motor court, or restaurant is leased, in the name of the 9017 lessee of the hotel, motel, motor court, or restaurant in which 9018 the license is located and must remain in the name of the owner 9019 or lessee so long as the license is in existence. Any license 9020 issued under this section shall be marked “Special,” and nothing 9021 herein provided shall limit, restrict, or prevent the issuance 9022 of a special license for any restaurant or motel which shall 9023 hereafter meet the requirements of the law existing immediately 9024 prior to the effective date of this act, if construction of such 9025 restaurant has commenced prior to the effective date of this act 9026 and is completed within 30 days thereafter, or if an application 9027 is on file for such special license at the time this act takes 9028 effect; and any such licenses issued under this proviso may be 9029 annually renewed as now provided by law. Nothing herein prevents 9030 an application for transfer of a license to a bona fide 9031 purchaser of any hotel, motel, motor court, or restaurant by the 9032 purchaser of such facility or the transfer of such license 9033 pursuant to law. 9034 Section 279. Paragraph (e) of subsection (3) of section 9035 624.351, Florida Statutes, is amended to read: 9036 624.351 Medicaid and Public Assistance Fraud Strike Force.— 9037 (3) MEMBERSHIP.—The strike force shall consist of the 9038 following 11 members or their designees. A designee shall serve 9039 in the same capacity as the designating member: 9040 (e) The Secretary of Children and FamiliesFamily Services. 9041 Section 280. Paragraph (a) of subsection (6) of section 9042 624.91, Florida Statutes, is amended to read: 9043 624.91 The Florida Healthy Kids Corporation Act.— 9044 (6) BOARD OF DIRECTORS.— 9045 (a) The Florida Healthy Kids Corporation shall operate 9046 subject to the supervision and approval of a board of directors 9047 chaired by the Chief Financial Officer or her or his designee, 9048 and composed of 12 other members selected for 3-year terms of 9049 office as follows: 9050 1. The Secretary of Health Care Administration, or his or 9051 her designee. 9052 2. One member appointed by the Commissioner of Education 9053 from the Office of School Health Programs of the Florida 9054 Department of Education. 9055 3. One member appointed by the Chief Financial Officer from 9056 among three members nominated by the Florida Pediatric Society. 9057 4. One member, appointed by the Governor, who represents 9058 the Children’s Medical Services Program. 9059 5. One member appointed by the Chief Financial Officer from 9060 among three members nominated by the Florida Hospital 9061 Association. 9062 6. One member, appointed by the Governor, who is an expert 9063 on child health policy. 9064 7. One member, appointed by the Chief Financial Officer, 9065 from among three members nominated by the Florida Academy of 9066 Family Physicians. 9067 8. One member, appointed by the Governor, who represents 9068 the state Medicaid program. 9069 9. One member, appointed by the Chief Financial Officer, 9070 from among three members nominated by the Florida Association of 9071 Counties. 9072 10. The State Health Officer or her or his designee. 9073 11. The Secretary of Children and FamiliesFamily Services, 9074 or his or her designee. 9075 12. One member, appointed by the Governor, from among three 9076 members nominated by the Florida Dental Association. 9077 Section 281. Section 651.117, Florida Statutes, is amended 9078 to read: 9079 651.117 Order of liquidation; duties of the Department of 9080 Children and FamiliesFamily Servicesand the Agency for Health 9081 Care Administration.—Whenever an order of liquidation has been 9082 entered against a provider, the receiver shall notify the 9083 Department of Children and FamiliesFamily Servicesand the 9084 Agency for Health Care Administration by sending to the 9085 Department of Children and FamiliesFamily Servicesand the 9086 Agency for Health Care Administration by certified mail a copy 9087 of the order of liquidation. Upon receipt of any such order or 9088 when requested by the receiver as being in the best interest of 9089 the residents of a facility, in addition to any other duty of 9090 the Department of Children and FamiliesFamily Servicesand the 9091 Agency for Health Care Administration with respect to residents 9092 of a facility, the Department of Children and FamiliesFamily9093Servicesand the Agency for Health Care Administration shall 9094 evaluate the status of the residents of the facility to 9095 determine whether they are eligible for assistance or for 9096 programs administered by the Department of Children and Families 9097Family Servicesand the Agency for Health Care Administration, 9098 shall develop a plan of relocation with respect to residents 9099 requesting assistance regarding relocation, and shall counsel 9100 the residents regarding such eligibility and such relocation. 9101 Section 282. Section 683.331, Florida Statutes, is amended 9102 to read: 9103 683.331 Child Welfare Professionals Recognition Day. 9104 Beginning in May 2008, the Legislature designates the second 9105 Monday in May as “Child Welfare Professionals Recognition Day” 9106 to recognize the efforts of all professionals who work with 9107 abused children and dysfunctional families. The Department of 9108 Children and FamiliesFamily Services, local governments, and 9109 other agencies are encouraged to sponsor events to promote 9110 awareness of the child welfare system and the personnel who work 9111 in the system. 9112 Section 283. Paragraph (d) of subsection (1) of section 9113 718.115, Florida Statutes, is amended to read: 9114 718.115 Common expenses and common surplus.— 9115 (1) 9116 (d) If provided in the declaration, the cost of 9117 communications services as defined in chapter 202, information 9118 services, or Internet services obtained pursuant to a bulk 9119 contract is a common expense. If the declaration does not 9120 provide for the cost of such services as a common expense, the 9121 board may enter into such a contract, and the cost of the 9122 service will be a common expense. The cost for the services 9123 under a bulk rate contract may be allocated on a per-unit basis 9124 rather than a percentage basis if the declaration provides for 9125 other than an equal sharing of common expenses, and any contract 9126 entered into before July 1, 1998, in which the cost of the 9127 service is not equally divided among all unit owners, may be 9128 changed by vote of a majority of the voting interests present at 9129 a regular or special meeting of the association, to allocate the 9130 cost equally among all units. The contract must be for at least 9131 2 years. 9132 1. Any contract made by the board on or after July 1, 1998, 9133 may be canceled by a majority of the voting interests present at 9134 the next regular or special meeting of the association. Any 9135 member may make a motion to cancel the contract, but if no 9136 motion is made or if such motion fails to obtain the required 9137 majority at the next regular or special meeting, whichever 9138 occurs first, following the making of the contract, such 9139 contract shall be deemed ratified for the term therein 9140 expressed. 9141 2. Such contract must provide, and is deemed to provide if 9142 not expressly set forth, that any hearing-impaired or legally 9143 blind unit owner who does not occupy the unit with a non 9144 hearing-impaired or sighted person, or any unit owner receiving 9145 supplemental security income under Title XVI of the Social 9146 Security Act or food assistance as administered by the 9147 Department of Children and FamiliesFamily Servicespursuant to 9148 s. 414.31, may discontinue the cable or video service without 9149 incurring disconnect fees, penalties, or subsequent service 9150 charges, and, as to such units, the owners are not required to 9151 pay any common expenses charge related to such service. If fewer 9152 than all members of an association share the expenses of cable 9153 or video service, the expense shall be shared equally by all 9154 participating unit owners. The association may use the 9155 provisions of s. 718.116 to enforce payment of the shares of 9156 such costs by the unit owners receiving cable or video service. 9157 Section 284. Paragraph (b) of subsection (2) of section 9158 720.309, Florida Statutes, is amended to read: 9159 720.309 Agreements entered into by the association.— 9160 (2) If the governing documents provide for the cost of 9161 communications services as defined in s. 202.11, information 9162 services or Internet services obtained pursuant to a bulk 9163 contract shall be deemed an operating expense of the 9164 association. If the governing documents do not provide for such 9165 services, the board may contract for the services, and the cost 9166 shall be deemed an operating expense of the association but must 9167 be allocated on a per-parcel basis rather than a percentage 9168 basis, notwithstanding that the governing documents provide for 9169 other than an equal sharing of operating expenses. Any contract 9170 entered into before July 1, 2011, in which the cost of the 9171 service is not equally divided among all parcel owners may be 9172 changed by a majority of the voting interests present at a 9173 regular or special meeting of the association in order to 9174 allocate the cost equally among all parcels. 9175 (b) Any contract entered into by the board must provide, 9176 and shall be deemed to provide if not expressly set forth 9177 therein, that a hearing-impaired or legally blind parcel owner 9178 who does not occupy the parcel with a non-hearing-impaired or 9179 sighted person, or a parcel owner who receives supplemental 9180 security income under Title XVI of the Social Security Act or 9181 food assistance as administered by the Department of Children 9182 and FamiliesFamily Servicespursuant to s. 414.31, may 9183 discontinue the service without incurring disconnect fees, 9184 penalties, or subsequent service charges, and may not be 9185 required to pay any operating expenses charge related to such 9186 service for those parcels. If fewer than all parcel owners share 9187 the expenses of the communications services, information 9188 services, or Internet services, the expense must be shared by 9189 all participating parcel owners. The association may use the 9190 provisions of s. 720.3085 to enforce payment by the parcel 9191 owners receiving such services. 9192 Section 285. Subsection (2) of section 741.01, Florida 9193 Statutes, is amended to read: 9194 741.01 County court judge or clerk of the circuit court to 9195 issue marriage license; fee.— 9196 (2) The fee charged for each marriage license issued in the 9197 state shall be increased by the sum of $25. This fee shall be 9198 collected upon receipt of the application for the issuance of a 9199 marriage license and remitted by the clerk to the Department of 9200 Revenue for deposit in the Domestic Violence Trust Fund. The 9201 Executive Office of the Governor shall establish a Domestic 9202 Violence Trust Fund for the purpose of collecting and disbursing 9203 funds generated from the increase in the marriage license fee. 9204 Such funds which are generated shall be directed to the 9205 Department of Children and FamiliesFamily Servicesfor the 9206 specific purpose of funding domestic violence centers, and the 9207 funds shall be appropriated in a “grants-in-aid” category to the 9208 Department of Children and FamiliesFamily Servicesfor the 9209 purpose of funding domestic violence centers. From the proceeds 9210 of the surcharge deposited into the Domestic Violence Trust Fund 9211 as required under s. 938.08, the Executive Office of the 9212 Governor may spend up to $500,000 each year for the purpose of 9213 administering a statewide public-awareness campaign regarding 9214 domestic violence. 9215 Section 286. Paragraph (a) of subsection (1) of section 9216 741.29, Florida Statutes, is amended to read: 9217 741.29 Domestic violence; investigation of incidents; 9218 notice to victims of legal rights and remedies; reporting.— 9219 (1) Any law enforcement officer who investigates an alleged 9220 incident of domestic violence shall assist the victim to obtain 9221 medical treatment if such is required as a result of the alleged 9222 incident to which the officer responds. Any law enforcement 9223 officer who investigates an alleged incident of domestic 9224 violence shall advise the victim of such violence that there is 9225 a domestic violence center from which the victim may receive 9226 services. The law enforcement officer shall give the victim 9227 immediate notice of the legal rights and remedies available on a 9228 standard form developed and distributed by the department. As 9229 necessary, the department shall revise the Legal Rights and 9230 Remedies Notice to Victims to include a general summary of s. 9231 741.30 using simple English as well as Spanish, and shall 9232 distribute the notice as a model form to be used by all law 9233 enforcement agencies throughout the state. The notice shall 9234 include: 9235 (a) The resource listing, including telephone number, for 9236 the area domestic violence center designated by the Department 9237 of Children and FamiliesFamily Services; and 9238 Section 287. Subsections (3) and (4) of section 742.107, 9239 Florida Statutes, are amended to read: 9240 742.107 Determining paternity of child with mother under 16 9241 years of age when impregnated.— 9242 (3) Whenever the information provided by a mother who was 9243 impregnated while under 16 years of age indicates that the 9244 alleged father of the child was 21 years of age or older at the 9245 time of conception of the child, the Department of Revenue or 9246 the Department of Children and FamiliesFamily Servicesshall 9247 advise the applicant or recipient of public assistance that she 9248 is required to cooperate with law enforcement officials in the 9249 prosecution of the alleged father. 9250 (4) When the information provided by the applicant or 9251 recipient who was impregnated while under age 16 indicates that 9252 such person is the victim of child abuse as provided in s. 9253 827.04(3), the Department of Revenue or the Department of 9254 Children and FamiliesFamily Servicesshall notify the county 9255 sheriff’s office or other appropriate agency or official and 9256 provide information needed to protect the child’s health or 9257 welfare. 9258 Section 288. Section 743.045, Florida Statutes, is amended 9259 to read: 9260 743.045 Removal of disabilities of minors; executing 9261 contracts for a residential lease.—For the sole purpose of 9262 ensuring that a youth in foster care will be able to execute a 9263 contract for the lease of residential property upon the youth’s 9264 18th birthday, the disability of nonage of minors is removed for 9265 all youth who have reached 17 years of age, have been 9266 adjudicated dependent, and are in the legal custody of the 9267 Department of Children and FamiliesFamily Servicesthrough 9268 foster care or subsidized independent living. These youth are 9269 authorized to make and execute contracts, releases, and all 9270 other instruments necessary for the purpose of entering into a 9271 contract for the lease of residential property upon the youth’s 9272 18th birthday. The contracts or other instruments made by the 9273 youth shall have the same effect as though they were the 9274 obligations of persons who were not minors. A youth seeking to 9275 enter into such lease contracts or execute other necessary 9276 instruments that are incidental to entering into a lease must 9277 present an order from a court of competent jurisdiction removing 9278 the disabilities of nonage of the minor under this section. 9279 Section 289. Section 743.046, Florida Statutes, is amended 9280 to read: 9281 743.046 Removal of disabilities of minors; executing 9282 agreements for utility services.—For the sole purpose of 9283 ensuring that a youth in foster care will be able to secure 9284 utility services at a residential property upon the youth’s 18th 9285 birthday, the disability of nonage of minors is removed for all 9286 youth who have reached 17 years of age, have been adjudicated 9287 dependent, and are in the legal custody of the Department of 9288 Children and FamiliesFamily Servicesthrough foster care or 9289 subsidized independent living. These youth are authorized to 9290 make and execute contracts, agreements, releases, and all other 9291 instruments necessary for the purpose of securing utility 9292 services at a residential property upon the youth’s 18th 9293 birthday. The contracts or other agreements made by the youth 9294 shall have the same effect as though they were the obligations 9295 of persons who were not minors. A youth seeking to enter into 9296 such contracts or agreements or execute other necessary 9297 instruments that are incidental to securing utility services 9298 must present an order from a court of competent jurisdiction 9299 removing the disabilities of nonage of the minor under this 9300 section. 9301 Section 290. Subsections (2), (3), and (6) of section 9302 743.0645, Florida Statutes, are amended to read: 9303 743.0645 Other persons who may consent to medical care or 9304 treatment of a minor.— 9305 (2) Any of the following persons, in order of priority 9306 listed, may consent to the medical care or treatment of a minor 9307 who is not committed to the Department of Children and Families 9308Family Servicesor the Department of Juvenile Justice or in 9309 their custody under chapter 39, chapter 984, or chapter 985 9310 when, after a reasonable attempt, a person who has the power to 9311 consent as otherwise provided by law cannot be contacted by the 9312 treatment provider and actual notice to the contrary has not 9313 been given to the provider by that person: 9314 (a) A person who possesses a power of attorney to provide 9315 medical consent for the minor. A power of attorney executed 9316 after July 1, 2001, to provide medical consent for a minor 9317 includes the power to consent to medically necessary surgical 9318 and general anesthesia services for the minor unless such 9319 services are excluded by the individual executing the power of 9320 attorney. 9321 (b) The stepparent. 9322 (c) The grandparent of the minor. 9323 (d) An adult brother or sister of the minor. 9324 (e) An adult aunt or uncle of the minor. 9325 9326 There shall be maintained in the treatment provider’s records of 9327 the minor documentation that a reasonable attempt was made to 9328 contact the person who has the power to consent. 9329 (3) The Department of Children and FamiliesFamily Services9330 or the Department of Juvenile Justice caseworker, juvenile 9331 probation officer, or person primarily responsible for the case 9332 management of the child, the administrator of any facility 9333 licensed by the department under s. 393.067, s. 394.875, or s. 9334 409.175, or the administrator of any state-operated or state 9335 contracted delinquency residential treatment facility may 9336 consent to the medical care or treatment of any minor committed 9337 to it or in its custody under chapter 39, chapter 984, or 9338 chapter 985, when the person who has the power to consent as 9339 otherwise provided by law cannot be contacted and such person 9340 has not expressly objected to such consent. There shall be 9341 maintained in the records of the minor documentation that a 9342 reasonable attempt was made to contact the person who has the 9343 power to consent as otherwise provided by law. 9344 (6) The Department of Children and FamiliesFamily Services9345 and the Department of Juvenile Justice may adopt rules to 9346 implement this section. 9347 Section 291. Paragraph (c) of subsection (4) of section 9348 744.1075, Florida Statutes, is amended to read: 9349 744.1075 Emergency court monitor.— 9350 (4) 9351 (c) Following a hearing on the order to show cause, the 9352 court may impose sanctions on the guardian or his or her 9353 attorney or other respondent or take any other action authorized 9354 by law, including entering a judgment of contempt; ordering an 9355 accounting; freezing assets; referring the case to local law 9356 enforcement agencies or the state attorney; filing an abuse, 9357 neglect, or exploitation complaint with the Department of 9358 Children and FamiliesFamily Services; or initiating proceedings 9359 to remove the guardian. 9360 9361 Nothing in this subsection shall be construed to preclude the 9362 mandatory reporting requirements of chapter 39. 9363 Section 292. Subsection (2) of section 753.01, Florida 9364 Statutes, is amended to read: 9365 753.01 Definitions.—As used in this chapter, the term: 9366 (2) “Department” means the Department of Children and 9367 FamiliesFamily Services. 9368 Section 293. Subsection (4) of section 765.110, Florida 9369 Statutes, is amended to read: 9370 765.110 Health care facilities and providers; discipline.— 9371 (4) The Department of Elderly Affairs for hospices and, in 9372 consultation with the Department of Elderly Affairs, the 9373 Department of Health for health care providers; the Agency for 9374 Health Care Administration for hospitals, nursing homes, home 9375 health agencies, and health maintenance organizations; and the 9376 Department of Children and FamiliesFamily Servicesfor 9377 facilities subject to part I of chapter 394 shall adopt rules to 9378 implement the provisions of the section. 9379 Section 294. Paragraph (a) of subsection (1) of section 9380 766.101, Florida Statutes, is amended to read: 9381 766.101 Medical review committee, immunity from liability.— 9382 (1) As used in this section: 9383 (a) The term “medical review committee” or “committee” 9384 means: 9385 1.a. A committee of a hospital or ambulatory surgical 9386 center licensed under chapter 395 or a health maintenance 9387 organization certificated under part I of chapter 641, 9388 b. A committee of a physician-hospital organization, a 9389 provider-sponsored organization, or an integrated delivery 9390 system, 9391 c. A committee of a state or local professional society of 9392 health care providers, 9393 d. A committee of a medical staff of a licensed hospital or 9394 nursing home, provided the medical staff operates pursuant to 9395 written bylaws that have been approved by the governing board of 9396 the hospital or nursing home, 9397 e. A committee of the Department of Corrections or the 9398 Correctional Medical Authority as created under s. 945.602, or 9399 employees, agents, or consultants of either the department or 9400 the authority or both, 9401 f. A committee of a professional service corporation formed 9402 under chapter 621 or a corporation organized under chapter 607 9403 or chapter 617, which is formed and operated for the practice of 9404 medicine as defined in s. 458.305(3), and which has at least 25 9405 health care providers who routinely provide health care services 9406 directly to patients, 9407 g. A committee of the Department of Children and Families 9408Family Serviceswhich includes employees, agents, or consultants 9409 to the department as deemed necessary to provide peer review, 9410 utilization review, and mortality review of treatment services 9411 provided pursuant to chapters 394, 397, and 916, 9412 h. A committee of a mental health treatment facility 9413 licensed under chapter 394 or a community mental health center 9414 as defined in s. 394.907, provided the quality assurance program 9415 operates pursuant to the guidelines which have been approved by 9416 the governing board of the agency, 9417 i. A committee of a substance abuse treatment and education 9418 prevention program licensed under chapter 397 provided the 9419 quality assurance program operates pursuant to the guidelines 9420 which have been approved by the governing board of the agency, 9421 j. A peer review or utilization review committee organized 9422 under chapter 440, 9423 k. A committee of the Department of Health, a county health 9424 department, healthy start coalition, or certified rural health 9425 network, when reviewing quality of care, or employees of these 9426 entities when reviewing mortality records, or 9427 l. A continuous quality improvement committee of a pharmacy 9428 licensed pursuant to chapter 465, 9429 9430 which committee is formed to evaluate and improve the quality of 9431 health care rendered by providers of health service, to 9432 determine that health services rendered were professionally 9433 indicated or were performed in compliance with the applicable 9434 standard of care, or that the cost of health care rendered was 9435 considered reasonable by the providers of professional health 9436 services in the area; or 9437 2. A committee of an insurer, self-insurer, or joint 9438 underwriting association of medical malpractice insurance, or 9439 other persons conducting review under s. 766.106. 9440 Section 295. Paragraph (b) of subsection (2) of section 9441 775.0837, Florida Statutes, is amended to read: 9442 775.0837 Habitual misdemeanor offenders.— 9443 (2) If the court finds that a defendant before the court 9444 for sentencing for a misdemeanor is a habitual misdemeanor 9445 offender, the court shall, unless the court makes a finding that 9446 an alternative disposition is in the best interests of the 9447 community and defendant, sentence the defendant as a habitual 9448 misdemeanor offender and impose one of the following sentences: 9449 (b) Commitment to a residential treatment program for not 9450 less than 6 months, but not to exceed 364 days, provided that 9451 the treatment program is operated by the county or a private 9452 vendor with which the county has contracted to operate such 9453 program, or by a private vendor under contract with the state or 9454 licensed by the state to operate such program, and provided that 9455 any referral to a residential treatment facility is in 9456 accordance with the assessment criteria for residential 9457 treatment established by the Department of Children and Families 9458Family Services, and that residential treatment beds are 9459 available or other community-based treatment program or a 9460 combination of residential and community-based program; or 9461 9462 The court may not sentence a defendant under this subsection if 9463 the misdemeanor offense before the court for sentencing has been 9464 reclassified as a felony as a result of any prior qualifying 9465 misdemeanor. 9466 Section 296. Paragraph (b) of subsection (1) and paragraph 9467 (b) of subsection (2) of section 775.16, Florida Statutes, are 9468 amended to read: 9469 775.16 Drug offenses; additional penalties.—In addition to 9470 any other penalty provided by law, a person who has been 9471 convicted of sale of or trafficking in, or conspiracy to sell or 9472 traffic in, a controlled substance under chapter 893, if such 9473 offense is a felony, or who has been convicted of an offense 9474 under the laws of any state or country which, if committed in 9475 this state, would constitute the felony of selling or 9476 trafficking in, or conspiracy to sell or traffic in, a 9477 controlled substance under chapter 893, is: 9478 (1) Disqualified from applying for employment by any agency 9479 of the state, unless: 9480 (b) The person has complied with the conditions of 9481 subparagraphs 1. and 2. which shall be monitored by the 9482 Department of Corrections while the person is under any 9483 supervisory sanctions. The person under supervision may: 9484 1. Seek evaluation and enrollment in, and once enrolled 9485 maintain enrollment in until completion, a drug treatment and 9486 rehabilitation program which is approved by the Department of 9487 Children and FamiliesFamily Services, unless it is deemed by 9488 the program that the person does not have a substance abuse 9489 problem. The treatment and rehabilitation program may be 9490 specified by: 9491 a. The court, in the case of court-ordered supervisory 9492 sanctions; 9493 b. The Parole Commission, in the case of parole, control 9494 release, or conditional release; or 9495 c. The Department of Corrections, in the case of 9496 imprisonment or any other supervision required by law. 9497 2. Submit to periodic urine drug testing pursuant to 9498 procedures prescribed by the Department of Corrections. If the 9499 person is indigent, the costs shall be paid by the Department of 9500 Corrections. 9501 (2) Disqualified from applying for a license, permit, or 9502 certificate required by any agency of the state to practice, 9503 pursue, or engage in any occupation, trade, vocation, 9504 profession, or business, unless: 9505 (b) The person has complied with the conditions of 9506 subparagraphs 1. and 2. which shall be monitored by the 9507 Department of Corrections while the person is under any 9508 supervisory sanction. If the person fails to comply with 9509 provisions of these subparagraphs by either failing to maintain 9510 treatment or by testing positive for drug use, the department 9511 shall notify the licensing, permitting, or certifying agency, 9512 which may refuse to reissue or reinstate such license, permit, 9513 or certification. The licensee, permittee, or certificateholder 9514 under supervision may: 9515 1. Seek evaluation and enrollment in, and once enrolled 9516 maintain enrollment in until completion, a drug treatment and 9517 rehabilitation program which is approved or regulated by the 9518 Department of Children and FamiliesFamily Services, unless it 9519 is deemed by the program that the person does not have a 9520 substance abuse problem. The treatment and rehabilitation 9521 program may be specified by: 9522 a. The court, in the case of court-ordered supervisory 9523 sanctions; 9524 b. The Parole Commission, in the case of parole, control 9525 release, or conditional release; or 9526 c. The Department of Corrections, in the case of 9527 imprisonment or any other supervision required by law. 9528 2. Submit to periodic urine drug testing pursuant to 9529 procedures prescribed by the Department of Corrections. If the 9530 person is indigent, the costs shall be paid by the Department of 9531 Corrections; or 9532 9533 The provisions of this section do not apply to any of the taxes, 9534 fees, or permits regulated, controlled, or administered by the 9535 Department of Revenue in accordance with the provisions of s. 9536 213.05. 9537 Section 297. Paragraph (a) of subsection (11) of section 9538 784.046, Florida Statutes, is amended to read: 9539 784.046 Action by victim of repeat violence, sexual 9540 violence, or dating violence for protective injunction; dating 9541 violence investigations, notice to victims, and reporting; 9542 pretrial release violations; public records exemption.— 9543 (11) Any law enforcement officer who investigates an 9544 alleged incident of dating violence shall assist the victim to 9545 obtain medical treatment if such is required as a result of the 9546 alleged incident to which the officer responds. Any law 9547 enforcement officer who investigates an alleged incident of 9548 dating violence shall advise the victim of such violence that 9549 there is a domestic violence center from which the victim may 9550 receive services. The law enforcement officer shall give the 9551 victim immediate notice of the legal rights and remedies 9552 available on a standard form developed and distributed by the 9553 Department of Law Enforcement. As necessary, the Department of 9554 Law Enforcement shall revise the Legal Rights and Remedies 9555 Notice to Victims to include a general summary of this section, 9556 using simple English as well as Spanish, and shall distribute 9557 the notice as a model form to be used by all law enforcement 9558 agencies throughout the state. The notice shall include: 9559 (a) The resource listing, including telephone number, for 9560 the area domestic violence center designated by the Department 9561 of Children and FamiliesFamily Services; and 9562 Section 298. Subsection (2) of section 784.074, Florida 9563 Statutes, is amended to read: 9564 784.074 Assault or battery on sexually violent predators 9565 detention or commitment facility staff; reclassification of 9566 offenses.— 9567 (2) For purposes of this section, a staff member of the 9568 facilities listed includes persons employed by the Department of 9569 Children and FamiliesFamily Services, persons employed at 9570 facilities licensed by the Department of Children and Families 9571Family Services, and persons employed at facilities operated 9572 under a contract with the Department of Children and Families 9573Family Services. 9574 Section 299. Subsection (2) of section 784.081, Florida 9575 Statutes, is amended to read: 9576 784.081 Assault or battery on specified officials or 9577 employees; reclassification of offenses.— 9578 (2) Whenever a person is charged with committing an assault 9579 or aggravated assault or a battery or aggravated battery upon 9580 any elected official or employee of: a school district; a 9581 private school; the Florida School for the Deaf and the Blind; a 9582 university lab school; a state university or any other entity of 9583 the state system of public education, as defined in s. 1000.04; 9584 a sports official; an employee or protective investigator of the 9585 Department of Children and FamiliesFamily Services; an employee 9586 of a lead community-based provider and its direct service 9587 contract providers; or an employee of the Department of Health 9588 or its direct service contract providers, when the person 9589 committing the offense knows or has reason to know the identity 9590 or position or employment of the victim, the offense for which 9591 the person is charged shall be reclassified as follows: 9592 (a) In the case of aggravated battery, from a felony of the 9593 second degree to a felony of the first degree. 9594 (b) In the case of aggravated assault, from a felony of the 9595 third degree to a felony of the second degree. 9596 (c) In the case of battery, from a misdemeanor of the first 9597 degree to a felony of the third degree. 9598 (d) In the case of assault, from a misdemeanor of the 9599 second degree to a misdemeanor of the first degree. 9600 Section 300. Paragraph (d) of subsection (1) of section 9601 787.06, Florida Statutes, is amended to read: 9602 787.06 Human trafficking.— 9603 (1) 9604 (d) It is the intent of the Legislature that the 9605 perpetrators of human trafficking be penalized for their illegal 9606 conduct and that the victims of trafficking be protected and 9607 assisted by this state and its agencies. In furtherance of this 9608 policy, it is the intent of the Legislature that the state 9609 Supreme Court, The Florida Bar, and relevant state agencies 9610 prepare and implement training programs in order that judges, 9611 attorneys, law enforcement personnel, investigators, and others 9612 are able to identify traffickers and victims of human 9613 trafficking and direct victims to appropriate agencies for 9614 assistance. It is the intent of the Legislature that the 9615 Department of Children and FamiliesFamily Servicesand other 9616 state agencies cooperate with other state and federal agencies 9617 to ensure that victims of human trafficking can access social 9618 services and benefits to alleviate their plight. 9619 Section 301. Subsection (6) of section 796.07, Florida 9620 Statutes, is amended to read: 9621 796.07 Prohibiting prostitution and related acts.— 9622 (6) A person who violates paragraph (2)(f) shall be 9623 assessed a civil penalty of $5,000 if the violation results in 9624 any judicial disposition other than acquittal or dismissal. Of 9625 the proceeds from each penalty assessed under this subsection, 9626 the first $500 shall be paid to the circuit court administrator 9627 for the sole purpose of paying the administrative costs of 9628 treatment-based drug court programs provided under s. 397.334. 9629 The remainder of the penalty assessed shall be deposited in the 9630 Operations and Maintenance Trust Fund of the Department of 9631 Children and FamiliesFamily Servicesfor the sole purpose of 9632 funding safe houses and short-term safe houses as provided in s. 9633 409.1678. 9634 Section 302. Paragraph (a) of subsection (2) of section 9635 817.505, Florida Statutes, is amended to read: 9636 817.505 Patient brokering prohibited; exceptions; 9637 penalties.— 9638 (2) For the purposes of this section, the term: 9639 (a) “Health care provider or health care facility” means 9640 any person or entity licensed, certified, or registered; 9641 required to be licensed, certified, or registered; or lawfully 9642 exempt from being required to be licensed, certified, or 9643 registered with the Agency for Health Care Administration or the 9644 Department of Health; any person or entity that has contracted 9645 with the Agency for Health Care Administration to provide goods 9646 or services to Medicaid recipients as provided under s. 409.907; 9647 a county health department established under part I of chapter 9648 154; any community service provider contracting with the 9649 Department of Children and FamiliesFamily Servicesto furnish 9650 alcohol, drug abuse, or mental health services under part IV of 9651 chapter 394; any substance abuse service provider licensed under 9652 chapter 397; or any federally supported primary care program 9653 such as a migrant or community health center authorized under 9654 ss. 329 and 330 of the United States Public Health Services Act. 9655 Section 303. Paragraph (c) of subsection (2) of section 9656 839.13, Florida Statutes, is amended to read: 9657 839.13 Falsifying records.— 9658 (2) 9659 (c) Any person who knowingly falsifies, alters, destroys, 9660 defaces, overwrites, removes, or discards records of the 9661 Department of Children and FamiliesFamily Servicesor its 9662 contract provider with the intent to conceal a fact material to 9663 a child abuse protective investigation, protective supervision, 9664 foster care and related services, or a protective investigation 9665 or protective supervision of a vulnerable adult, as defined in 9666 chapter 39, chapter 409, or chapter 415, commits a felony of the 9667 third degree, punishable as provided in s. 775.082, s. 775.083, 9668 or s. 775.084. Nothing in this paragraph prohibits prosecution 9669 for a violation of paragraph (a) or paragraph (b) involving 9670 records described in this paragraph. 9671 Section 304. Subsection (5) of section 877.111, Florida 9672 Statutes, is amended to read: 9673 877.111 Inhalation, ingestion, possession, sale, purchase, 9674 or transfer of harmful chemical substances; penalties.— 9675 (5) Any person who violates any of the provisions of this 9676 section may, in the discretion of the trial judge, be required 9677 to participate in a substance abuse services program approved or 9678 regulated by the Department of Children and FamiliesFamily9679Servicespursuant to the provisions of chapter 397, provided the 9680 director of the program approves the placement of the defendant 9681 in the program. Such required participation may be imposed in 9682 addition to, or in lieu of, any penalty or probation otherwise 9683 prescribed by law. However, the total time of such penalty, 9684 probation, and program participation shall not exceed the 9685 maximum length of sentence possible for the offense. 9686 Section 305. Paragraph (a) of subsection (1) of section 9687 893.11, Florida Statutes, is amended to read: 9688 893.11 Suspension, revocation, and reinstatement of 9689 business and professional licenses.—For the purposes of s. 9690 120.60(6), any conviction in any court reported to the 9691 Comprehensive Case Information System of the Florida Association 9692 of Court Clerks and Comptrollers, Inc., for the sale of, or 9693 trafficking in, a controlled substance or for conspiracy to 9694 sell, or traffic in, a controlled substance constitutes an 9695 immediate serious danger to the public health, safety, or 9696 welfare, and is grounds for disciplinary action by the licensing 9697 state agency. A state agency shall initiate an immediate 9698 emergency suspension of an individual professional license 9699 issued by the agency, in compliance with the procedures for 9700 summary suspensions in s. 120.60(6), upon the agency’s findings 9701 of the licensee’s conviction in any court reported to the 9702 Comprehensive Case Information System of the Florida Association 9703 of Court Clerks and Comptrollers, Inc., for the sale of, or 9704 trafficking in, a controlled substance, or for conspiracy to 9705 sell, or traffic in, a controlled substance. Before renewing any 9706 professional license, a state agency that issues a professional 9707 license must use the Comprehensive Case Information System of 9708 the Florida Association of Court Clerks and Comptrollers, Inc., 9709 to obtain information relating to any conviction for the sale 9710 of, or trafficking in, a controlled substance or for conspiracy 9711 to sell, or traffic in, a controlled substance. The clerk of 9712 court shall provide electronic access to each state agency at no 9713 cost and also provide certified copies of the judgment upon 9714 request to the agency. Upon a showing by any such convicted 9715 defendant whose professional license has been suspended or 9716 revoked pursuant to this section that his or her civil rights 9717 have been restored or upon a showing that the convicted 9718 defendant meets the following criteria, the agency head may 9719 reinstate or reactivate such license when: 9720 (1) The person has complied with the conditions of 9721 paragraphs (a) and (b) which shall be monitored by the 9722 Department of Corrections while the person is under any 9723 supervisory sanction. If the person fails to comply with 9724 provisions of these paragraphs by either failing to maintain 9725 treatment or by testing positive for drug use, the department 9726 shall notify the licensing agency, which shall revoke the 9727 license. The person under supervision may: 9728 (a) Seek evaluation and enrollment in, and once enrolled 9729 maintain enrollment in until completion, a drug treatment and 9730 rehabilitation program which is approved or regulated by the 9731 Department of Children and FamiliesFamily Services. The 9732 treatment and rehabilitation program shall be specified by: 9733 1. The court, in the case of court-ordered supervisory 9734 sanctions; 9735 2. The Parole Commission, in the case of parole, control 9736 release, or conditional release; or 9737 3. The Department of Corrections, in the case of 9738 imprisonment or any other supervision required by law. 9739 Section 306. Section 893.15, Florida Statutes, is amended 9740 to read: 9741 893.15 Rehabilitation.—Any person who violates s. 9742 893.13(6)(a) or (b) relating to possession may, in the 9743 discretion of the trial judge, be required to participate in a 9744 substance abuse services program approved or regulated by the 9745 Department of Children and FamiliesFamily Servicespursuant to 9746 the provisions of chapter 397, provided the director of such 9747 program approves the placement of the defendant in such program. 9748 Such required participation shall be imposed in addition to any 9749 penalty or probation otherwise prescribed by law. However, the 9750 total time of such penalty, probation, and program participation 9751 shall not exceed the maximum length of sentence possible for the 9752 offense. 9753 Section 307. Subsection (1) and paragraph (b) of subsection 9754 (3) of section 893.165, Florida Statutes, are amended to read: 9755 893.165 County alcohol and other drug abuse treatment or 9756 education trust funds.— 9757 (1) Counties in which there is established or in existence 9758 a comprehensive alcohol and other drug abuse treatment or 9759 education program which meets the standards for qualification of 9760 such programs by the Department of Children and FamiliesFamily9761Servicesare authorized to establish a County Alcohol and Other 9762 Drug Abuse Trust Fund for the purpose of receiving the 9763 assessments collected pursuant to s. 938.23 and disbursing 9764 assistance grants on an annual basis to such alcohol and other 9765 drug abuse treatment or education program. 9766 (3) 9767 (b) Assessments collected by clerks of circuit courts 9768 having more than one county in the circuit, for any county in 9769 the circuit which does not have a County Alcohol and Other Drug 9770 Abuse Trust Fund, shall be remitted to the Department of 9771 Children and FamiliesFamily Services, in accordance with 9772 administrative rules adopted, for deposit into the department’s 9773 Grants and Donations Trust Fund for distribution pursuant to the 9774 guidelines and priorities developed by the department. 9775 Section 308. Subsection (1) of section 916.105, Florida 9776 Statutes, is amended to read: 9777 916.105 Legislative intent.— 9778 (1) It is the intent of the Legislature that the Department 9779 of Children and FamiliesFamily Servicesand the Agency for 9780 Persons with Disabilities, as appropriate, establish, locate, 9781 and maintain separate and secure forensic facilities and 9782 programs for the treatment or training of defendants who have 9783 been charged with a felony and who have been found to be 9784 incompetent to proceed due to their mental illness, intellectual 9785 disability, or autism, or who have been acquitted of a felony by 9786 reason of insanity, and who, while still under the jurisdiction 9787 of the committing court, are committed to the department or 9788 agency under this chapter. Such facilities must be sufficient to 9789 accommodate the number of defendants committed under the 9790 conditions noted above. Except for those defendants found by the 9791 department or agency to be appropriate for treatment or training 9792 in a civil facility or program pursuant to subsection (3), 9793 forensic facilities must be designed and administered so that 9794 ingress and egress, together with other requirements of this 9795 chapter, may be strictly controlled by staff responsible for 9796 security in order to protect the defendant, facility personnel, 9797 other clients, and citizens in adjacent communities. 9798 Section 309. Subsection (7) of section 916.106, Florida 9799 Statutes, is amended to read: 9800 916.106 Definitions.—For the purposes of this chapter, the 9801 term: 9802 (7) “Department” means the Department of Children and 9803 FamiliesFamily Services. The department is responsible for the 9804 treatment of forensic clients who have been determined 9805 incompetent to proceed due to mental illness or who have been 9806 acquitted of a felony by reason of insanity. 9807 Section 310. Paragraph (d) of subsection (3) of section 9808 921.0022, Florida Statutes, is amended to read: 9809 921.0022 Criminal Punishment Code; offense severity ranking 9810 chart.— 9811 (3) OFFENSE SEVERITY RANKING CHART 9812 (d) LEVEL 4 9813 9814 FloridaStatute FelonyDegree Description 9815 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. 9816 499.0051(1) 3rd Failure to maintain or deliver pedigree papers. 9817 499.0051(2) 3rd Failure to authenticate pedigree papers. 9818 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 9819 517.07(1) 3rd Failure to register securities. 9820 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register. 9821 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 9822 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 9823 784.075 3rd Battery on detention or commitment facility staff. 9824 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 9825 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 9826 784.081(3) 3rd Battery on specified official or employee. 9827 784.082(3) 3rd Battery by detained person on visitor or other detainee. 9828 784.083(3) 3rd Battery on code inspector. 9829 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 9830 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 9831 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 9832 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 9833 787.07 3rd Human smuggling. 9834 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 9835 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 9836 790.115(2)(c) 3rd Possessing firearm on school property. 9837 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 9838 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 9839 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 9840 810.06 3rd Burglary; possession of tools. 9841 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 9842 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 9843 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. 9844 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 9845 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 9846 817.568(2)(a) 3rd Fraudulent use of personal identification information. 9847 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder. 9848 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 9849 837.02(1) 3rd Perjury in official proceedings. 9850 837.021(1) 3rd Make contradictory statements in official proceedings. 9851 838.022 3rd Official misconduct. 9852 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 9853 839.13(2)(c) 3rd Falsifying records of the Department of Children and FamiliesFamily Services. 9854 843.021 3rd Possession of a concealed handcuff key by a person in custody. 9855 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 9856 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 9857 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 9858 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 9859 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs). 9860 914.14(2) 3rd Witnesses accepting bribes. 9861 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 9862 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 9863 918.12 3rd Tampering with jurors. 9864 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 9865 9866 Section 311. Paragraph (a) of subsection (4) of section 9867 937.021, Florida Statutes, is amended to read: 9868 937.021 Missing child and missing adult reports.— 9869 (4)(a) Upon the filing of a police report that a child is 9870 missing by the parent or guardian, the Department of Children 9871 and FamiliesFamily Services, a community-based care provider, 9872 or a sheriff’s office providing investigative services for the 9873 department, the law enforcement agency receiving the report 9874 shall immediately inform all on-duty law enforcement officers of 9875 the missing child report, communicate the report to every other 9876 law enforcement agency having jurisdiction in the county, and 9877 within 2 hours after receipt of the report, transmit the report 9878 for inclusion within the Florida Crime Information Center and 9879 the National Crime Information Center databases. A law 9880 enforcement agency may not require a reporter to present an 9881 order that a child be taken into custody or any other such order 9882 before accepting a report that a child is missing. 9883 Section 312. Paragraph (a) of subsection (1) of section 9884 938.01, Florida Statutes, is amended to read: 9885 938.01 Additional Court Cost Clearing Trust Fund.— 9886 (1) All courts created by Art. V of the State Constitution 9887 shall, in addition to any fine or other penalty, require every 9888 person convicted for violation of a state penal or criminal 9889 statute or convicted for violation of a municipal or county 9890 ordinance to pay $3 as a court cost. Any person whose 9891 adjudication is withheld pursuant to the provisions of s. 9892 318.14(9) or (10) shall also be liable for payment of such cost. 9893 In addition, $3 from every bond estreature or forfeited bail 9894 bond related to such penal statutes or penal ordinances shall be 9895 remitted to the Department of Revenue as described in this 9896 subsection. However, no such assessment may be made against any 9897 person convicted for violation of any state statute, municipal 9898 ordinance, or county ordinance relating to the parking of 9899 vehicles. 9900 (a) All costs collected by the courts pursuant to this 9901 subsection shall be remitted to the Department of Revenue in 9902 accordance with administrative rules adopted by the executive 9903 director of the Department of Revenue for deposit in the 9904 Additional Court Cost Clearing Trust Fund. These funds and the 9905 funds deposited in the Additional Court Cost Clearing Trust Fund 9906 pursuant to s. 318.21(2)(c) shall be distributed as follows: 9907 1. Ninety-two percent to the Department of Law Enforcement 9908 Criminal Justice Standards and Training Trust Fund. 9909 2. Six and three-tenths percent to the Department of Law 9910 Enforcement Operating Trust Fund for the Criminal Justice Grant 9911 Program. 9912 3. One and seven-tenths percent to the Department of 9913 Children and FamiliesFamily ServicesDomestic Violence Trust 9914 Fund for the domestic violence program pursuant to s. 39.903(1). 9915 Section 313. Subsection (2) of section 938.10, Florida 9916 Statutes, is amended to read: 9917 938.10 Additional court cost imposed in cases of certain 9918 crimes.— 9919 (2) Each month the clerk of the court shall transfer $50 9920 from the proceeds of the court cost to the Department of Revenue 9921 for deposit into the Department of Children and Families’Family9922Services’Grants and Donations Trust Fund for disbursement to 9923 the Office of the Statewide Guardian Ad Litem and $100 to the 9924 Department of Revenue for deposit into the Department of 9925 Children and Families’Family Services’Grants and Donations 9926 Trust Fund for disbursement to the Florida Network of Children’s 9927 Advocacy Centers, Inc., for the purpose of funding children’s 9928 advocacy centers that are members of the network. The clerk 9929 shall retain $1 from each sum collected as a service charge. 9930 Section 314. Subsection (2) of section 938.23, Florida 9931 Statutes, is amended to read: 9932 938.23 Assistance grants for alcohol and other drug abuse 9933 programs.— 9934 (2) All assessments authorized by this section shall be 9935 collected by the clerk of court and remitted to the 9936 jurisdictional county as described in s. 893.165(2) for deposit 9937 into the County Alcohol and Other Drug Abuse Trust Fund or 9938 remitted to the Department of Revenue for deposit into the 9939 Grants and Donations Trust Fund of the Department of Children 9940 and FamiliesFamily Servicespursuant to guidelines and 9941 priorities developed by the department. If a County Alcohol and 9942 Other Drug Abuse Trust Fund has not been established for any 9943 jurisdictional county, assessments collected by the clerk of 9944 court shall be remitted to the Department of Revenue for deposit 9945 into the Grants and Donations Trust Fund of the Department of 9946 Children and FamiliesFamily Services. 9947 Section 315. Subsection (7) of section 943.0311, Florida 9948 Statutes, is amended to read: 9949 943.0311 Chief of Domestic Security; duties of the 9950 department with respect to domestic security.— 9951 (7) As used in this section, the term “state agency” 9952 includes the Agency for Health Care Administration, the 9953 Department of Agriculture and Consumer Services, the Department 9954 of Business and Professional Regulation, the Department of 9955 Children and FamiliesFamily Services, the Department of Citrus, 9956 the Department of Economic Opportunity, the Department of 9957 Corrections, the Department of Education, the Department of 9958 Elderly Affairs, the Division of Emergency Management, the 9959 Department of Environmental Protection, the Department of 9960 Financial Services, the Department of Health, the Department of 9961 Highway Safety and Motor Vehicles, the Department of Juvenile 9962 Justice, the Department of Law Enforcement, the Department of 9963 Legal Affairs, the Department of Management Services, the 9964 Department of Military Affairs, the Department of Revenue, the 9965 Department of State, the Department of the Lottery, the 9966 Department of Transportation, the Department of Veterans’ 9967 Affairs, the Fish and Wildlife Conservation Commission, the 9968 Parole Commission, the State Board of Administration, and the 9969 Executive Office of the Governor. 9970 Section 316. Section 943.04353, Florida Statutes, is 9971 amended to read: 9972 943.04353 Triennial study of sexual predator and sexual 9973 offender registration and notification procedures.—The Office of 9974 Program Policy Analysis and Government Accountability shall, 9975 every 3 years, perform a study of the effectiveness of Florida’s 9976 sexual predator and sexual offender registration process and 9977 community and public notification provisions. As part of 9978 determining the effectiveness of the registration process, 9979 OPPAGA shall examine the current practices of: the Department of 9980 Corrections, county probation offices, clerk of courts, court 9981 administrators, county jails and booking facilities, Department 9982 of Children and FamiliesFamily Services, judges, state 9983 attorneys’ offices, Department of Highway Safety and Motor 9984 Vehicles, Department of Law Enforcement, and local law 9985 enforcement agencies as they relate to: sharing of offender 9986 information regarding registered sexual predators and sexual 9987 offenders for purposes of fulfilling the requirements set forth 9988 in the registration laws; ensuring the most accurate, current, 9989 and comprehensive information is provided in a timely manner to 9990 the registry; ensuring the effective supervision and subsequent 9991 monitoring of sexual predators and offenders; and ensuring 9992 informed decisions are made at each point of the criminal 9993 justice and registration process. In addition to determining the 9994 effectiveness of the registration process, the report shall 9995 focus on the question of whether the notification provisions in 9996 statute are sufficient to apprise communities of the presence of 9997 sexual predators and sexual offenders. The report shall examine 9998 how local law enforcement agencies collect and disseminate 9999 information in an effort to notify the public and communities of 10000 the presence of sexual predators and offenders. If the report 10001 finds deficiencies in the registration process, the notification 10002 provisions, or both, the report shall provide options for 10003 correcting those deficiencies and shall include the projected 10004 cost of implementing those options. In conducting the study, the 10005 Office of Program Policy Analysis and Government Accountability 10006 shall consult with the Florida Council Against Sexual Violence 10007 and the Florida Association for the Treatment of Sexual Abusers 10008 in addition to other interested entities that may offer 10009 experiences and perspectives unique to this area of research. 10010 The report shall be submitted to the President of the Senate and 10011 the Speaker of the House of Representatives by January 1, 2006. 10012 Section 317. Paragraph (b) of subsection (3) of section 10013 943.053, Florida Statutes, is amended to read: 10014 943.053 Dissemination of criminal justice information; 10015 fees.— 10016 (3) 10017 (b) The fee per record for criminal history information 10018 provided pursuant to this subsection and s. 943.0542 is $24 per 10019 name submitted, except that the fee for the guardian ad litem 10020 program and vendors of the Department of Children and Families 10021Family Services, the Department of Juvenile Justice, and the 10022 Department of Elderly Affairs shall be $8 for each name 10023 submitted; the fee for a state criminal history provided for 10024 application processing as required by law to be performed by the 10025 Department of Agriculture and Consumer Services shall be $15 for 10026 each name submitted; and the fee for requests under s. 943.0542, 10027 which implements the National Child Protection Act, shall be $18 10028 for each volunteer name submitted. The state offices of the 10029 Public Defender shall not be assessed a fee for Florida criminal 10030 history information or wanted person information. 10031 Section 318. Subsection (1) of section 943.06, Florida 10032 Statutes, is amended to read: 10033 943.06 Criminal and Juvenile Justice Information Systems 10034 Council.—There is created a Criminal and Juvenile Justice 10035 Information Systems Council within the department. 10036 (1) The council shall be composed of 15 members, consisting 10037 of the Attorney General or a designated assistant; the executive 10038 director of the Department of Law Enforcement or a designated 10039 assistant; the secretary of the Department of Corrections or a 10040 designated assistant; the chair of the Parole Commission or a 10041 designated assistant; the Secretary of Juvenile Justice or a 10042 designated assistant; the executive director of the Department 10043 of Highway Safety and Motor Vehicles or a designated assistant; 10044 the Secretary of Children and FamiliesFamily Servicesor a 10045 designated assistant; the State Courts Administrator or a 10046 designated assistant; 1 public defender appointed by the Florida 10047 Public Defender Association, Inc.; 1 state attorney appointed by 10048 the Florida Prosecuting Attorneys Association, Inc.; and 5 10049 members, to be appointed by the Governor, consisting of 2 10050 sheriffs, 2 police chiefs, and 1 clerk of the circuit court. 10051 Section 319. Section 943.17296, Florida Statutes, is 10052 amended to read: 10053 943.17296 Training in identifying and investigating elder 10054 abuse and neglect.—Each certified law enforcement officer must 10055 successfully complete training on identifying and investigating 10056 elder abuse and neglect as a part of the basic recruit training 10057 of the officer required in s. 943.13(9) or continuing education 10058 under s. 943.135(1) before June 30, 2011. The training shall be 10059 developed in consultation with the Department of Elderly Affairs 10060 and the Department of Children and FamiliesFamily Servicesand 10061 must incorporate instruction on the identification of and 10062 appropriate responses for persons suffering from dementia and on 10063 identifying and investigating elder abuse and neglect. If an 10064 officer fails to complete the required training, his or her 10065 certification is inactive until the employing agency notifies 10066 the commission that the officer has completed the training. 10067 Section 320. Subsection (5) of section 944.024, Florida 10068 Statutes, is amended to read: 10069 944.024 Adult intake and evaluation.—The state system of 10070 adult intake and evaluation shall include: 10071 (5) The performance of postsentence intake by the 10072 department. Any physical facility established by the department 10073 for the intake and evaluation process prior to the offender’s 10074 entry into the correctional system shall provide for specific 10075 office and work areas for the staff of the commission. The 10076 purpose of such a physical center shall be to combine in one 10077 place as many of the rehabilitation-related functions as 10078 possible, including pretrial and posttrial evaluation, parole 10079 and probation services, vocational rehabilitation services, 10080 family assistance services of the Department of Children and 10081 FamiliesFamily Services, and all other rehabilitative and 10082 correctional services dealing with the offender. 10083 Section 321. Subsection (5) of section 944.17, Florida 10084 Statutes, is amended to read: 10085 944.17 Commitments and classification; transfers.— 10086 (5) The department shall also refuse to accept a person 10087 into the state correctional system unless the following 10088 documents are presented in a completed form by the sheriff or 10089 chief correctional officer, or a designated representative, to 10090 the officer in charge of the reception process: 10091 (a) The uniform commitment and judgment and sentence forms 10092 as described in subsection (4). 10093 (b) The sheriff’s certificate as described in s. 921.161. 10094 (c) A certified copy of the indictment or information 10095 relating to the offense for which the person was convicted. 10096 (d) A copy of the probable cause affidavit for each offense 10097 identified in the current indictment or information. 10098 (e) A copy of the Criminal Punishment Code scoresheet and 10099 any attachments thereto prepared pursuant to Rule 3.701, Rule 10100 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or 10101 any other rule pertaining to the preparation of felony 10102 sentencing scoresheets. 10103 (f) A copy of the restitution order or the reasons by the 10104 court for not requiring restitution pursuant to s. 775.089(1). 10105 (g) The name and address of any victim, if available. 10106 (h) A printout of a current criminal history record as 10107 provided through an FCIC/NCIC printer. 10108 (i) Any available health assessments including medical, 10109 mental health, and dental, including laboratory or test 10110 findings; custody classification; disciplinary and adjustment; 10111 and substance abuse assessment and treatment information which 10112 may have been developed during the period of incarceration prior 10113 to the transfer of the person to the department’s custody. 10114 Available information shall be transmitted on standard forms 10115 developed by the department. 10116 10117 In addition, the sheriff or other officer having such person in 10118 charge shall also deliver with the foregoing documents any 10119 available presentence investigation reports as described in s. 10120 921.231 and any attached documents. After a prisoner is admitted 10121 into the state correctional system, the department may request 10122 such additional records relating to the prisoner as it considers 10123 necessary from the clerk of the court, the Department of 10124 Children and FamiliesFamily Services, or any other state or 10125 county agency for the purpose of determining the prisoner’s 10126 proper custody classification, gain-time eligibility, or 10127 eligibility for early release programs. An agency that receives 10128 such a request from the department must provide the information 10129 requested. 10130 Section 322. Subsection (2) of section 944.706, Florida 10131 Statutes, is amended to read: 10132 944.706 Basic release assistance.— 10133 (2) The department may contract with the Department of 10134 Children and FamiliesFamily Services, the Salvation Army, and 10135 other public or private organizations, including faith-based 10136 service groups, for the provision of basic support services for 10137 releasees. 10138 Section 323. Subsection (2) of section 945.025, Florida 10139 Statutes, is amended to read: 10140 945.025 Jurisdiction of department.— 10141 (2) In establishing, operating, and using these facilities, 10142 the department shall attempt, whenever possible, to avoid the 10143 placement of nondangerous offenders who have potential for 10144 rehabilitation with repeat offenders or dangerous offenders. 10145 Medical, mental, and psychological problems must be diagnosed 10146 and treated whenever possible. The Department of Children and 10147 FamiliesFamily Servicesand the Agency for Persons with 10148 Disabilities shall cooperate to ensure the delivery of services 10149 to persons under the custody or supervision of the department. 10150 If the department intends to transfer a prisoner who has a 10151 mental illness or intellectual disability to the Department of 10152 Children and FamiliesFamily Servicesor the Agency for Persons 10153 with Disabilities, an involuntary commitment hearing shall be 10154 held in accordance with chapter 393 or chapter 394. 10155 Section 324. Paragraphs (a) and (b) of subsection (2) of 10156 section 945.10, Florida Statutes, are amended to read: 10157 945.10 Confidential information.— 10158 (2) The records and information specified in paragraphs 10159 (1)(a)-(h) may be released as follows unless expressly 10160 prohibited by federal law: 10161 (a) Information specified in paragraphs (1)(b), (d), and 10162 (f) to the Office of the Governor, the Legislature, the Parole 10163 Commission, the Department of Children and FamiliesFamily10164Services, a private correctional facility or program that 10165 operates under a contract, the Department of Legal Affairs, a 10166 state attorney, the court, or a law enforcement agency. A 10167 request for records or information pursuant to this paragraph 10168 need not be in writing. 10169 (b) Information specified in paragraphs (1)(c), (e), and 10170 (h) to the Office of the Governor, the Legislature, the Parole 10171 Commission, the Department of Children and FamiliesFamily10172Services, a private correctional facility or program that 10173 operates under contract, the Department of Legal Affairs, a 10174 state attorney, the court, or a law enforcement agency. A 10175 request for records or information pursuant to this paragraph 10176 must be in writing and a statement provided demonstrating a need 10177 for the records or information. 10178 10179 Records and information released under this subsection remain 10180 confidential and exempt from the provisions of s. 119.07(1) and 10181 s. 24(a), Art. I of the State Constitution when held by the 10182 receiving person or entity. 10183 Section 325. Subsection (6) of section 945.12, Florida 10184 Statutes, is amended to read: 10185 945.12 Transfers for rehabilitative treatment.— 10186 (6) A prisoner who has been determined by the Department of 10187 Children and FamiliesFamily Servicesand the Department of 10188 Corrections to be amenable to rehabilitative treatment for 10189 sexual deviation, and who has voluntarily agreed to participate 10190 in such rehabilitative treatment, may be transferred to the 10191 Department of Children and FamiliesFamily Servicesprovided 10192 appropriate bed space is available. 10193 Section 326. Subsection (3) of section 945.46, Florida 10194 Statutes, is amended to read: 10195 945.46 Initiation of involuntary placement proceedings with 10196 respect to a mentally ill inmate scheduled for release.— 10197 (3) The department may transport an individual who is being 10198 released from its custody to a receiving or treatment facility 10199 for involuntary examination or placement. Such transport shall 10200 be made to a facility that is specified by the Department of 10201 Children and FamiliesFamily Servicesas able to meet the 10202 specific needs of the individual. If the Department of Children 10203 and FamiliesFamily Servicesdoes not specify a facility, 10204 transport may be made to the nearest receiving facility. 10205 Section 327. Subsection (2) of section 945.47, Florida 10206 Statutes, is amended to read: 10207 945.47 Discharge of inmate from mental health treatment.— 10208 (2) At any time that an inmate who has received mental 10209 health treatment while in the custody of the department becomes 10210 eligible for release under supervision or upon end of sentence, 10211 a record of the inmate’s mental health treatment may be provided 10212 to the Parole Commission and to the Department of Children and 10213 FamiliesFamily Servicesupon request. The record shall include, 10214 at a minimum, a summary of the inmate’s diagnosis, length of 10215 stay in treatment, clinical history, prognosis, prescribed 10216 medication, treatment plan, and recommendations for aftercare 10217 services. 10218 Section 328. Subsection (2) of section 945.49, Florida 10219 Statutes, is amended to read: 10220 945.49 Operation and administration.— 10221 (2) RULES.—The department, in cooperation with the Mental 10222 Health Program Office of the Department of Children and Families 10223Family Services, shall adopt rules necessary for administration 10224 of ss. 945.40-945.49 in accordance with chapter 120. 10225 Section 329. Paragraph (b) of subsection (2) of section 10226 947.13, Florida Statutes, is amended to read: 10227 947.13 Powers and duties of commission.— 10228 (2) 10229 (b) The Department of Children and FamiliesFamily Services10230 and all other state, county, and city agencies, sheriffs and 10231 their deputies, and all peace officers shall cooperate with the 10232 commission and the department and shall aid and assist them in 10233 the performance of their duties. 10234 Section 330. Subsection (9) of section 947.146, Florida 10235 Statutes, is amended to read: 10236 947.146 Control Release Authority.— 10237 (9) The authority shall examine such records as it deems 10238 necessary of the department, the Department of Children and 10239 FamiliesFamily Services, the Department of Law Enforcement, and 10240 any other such agency for the purpose of either establishing, 10241 modifying, or revoking a control release date. The victim impact 10242 statement shall be included in such records for examination. 10243 Such agencies shall provide the information requested by the 10244 authority for the purposes of fulfilling the requirements of 10245 this section. 10246 Section 331. Subsection (6) of section 948.01, Florida 10247 Statutes, is amended to read: 10248 948.01 When court may place defendant on probation or into 10249 community control.— 10250 (6) When the court, under any of the foregoing subsections, 10251 places a defendant on probation or into community control, it 10252 may specify that the defendant serve all or part of the 10253 probationary or community control period in a community 10254 residential or nonresidential facility under the jurisdiction of 10255 the Department of Corrections or the Department of Children and 10256 FamiliesFamily Servicesor any public or private entity 10257 providing such services, and it shall require the payment 10258 prescribed in s. 948.09. 10259 Section 332. Subsection (2) of section 984.01, Florida 10260 Statutes, is amended to read: 10261 984.01 Purposes and intent; personnel standards and 10262 screening.— 10263 (2) The Department of Juvenile Justice or the Department of 10264 Children and FamiliesFamily Services, as appropriate, may 10265 contract with the Federal Government, other state departments 10266 and agencies, county and municipal governments and agencies, 10267 public and private agencies, and private individuals and 10268 corporations in carrying out the purposes of, and the 10269 responsibilities established in, this chapter. 10270 (a) If the department contracts with a provider for any 10271 program for children, all personnel, including owners, 10272 operators, employees, and volunteers, in the facility must be of 10273 good moral character. Each contract entered into by either 10274 department for services delivered on an appointment or 10275 intermittent basis by a provider that does not have regular 10276 custodial responsibility for children and each contract with a 10277 school for before or aftercare services must ensure that the 10278 owners, operators, and all personnel who have direct contact 10279 with children are of good moral character. A volunteer who 10280 assists on an intermittent basis for less than 10 hours per 10281 month need not be screened if a person who meets the screening 10282 requirement of this section is always present and has the 10283 volunteer in his or her line of sight. 10284 (b) The Department of Juvenile Justice and the Department 10285 of Children and FamiliesFamily Servicesshall require 10286 employment screening pursuant to chapter 435, using the level 2 10287 standards set forth in that chapter for personnel in programs 10288 for children or youths. 10289 (c) The Department of Juvenile Justice or the Department of 10290 Children and FamiliesFamily Servicesmay grant exemptions from 10291 disqualification from working with children as provided in s. 10292 435.07. 10293 Section 333. Subsections (6), (7), and (9), paragraphs (b) 10294 and (c) of subsection (12), and subsections (25), (33), (44), 10295 and (50) of section 984.03, Florida Statutes, are amended to 10296 read: 10297 984.03 Definitions.—When used in this chapter, the term: 10298 (6) “Authorized agent” or “designee” of the department 10299 means a person or agency assigned or designated by the 10300 Department of Juvenile Justice or the Department of Children and 10301 FamiliesFamily Services, as appropriate, to perform duties or 10302 exercise powers pursuant to this chapter and includes contract 10303 providers and their employees for purposes of providing services 10304 to and managing cases of children in need of services and 10305 families in need of services. 10306 (7) “Caretaker/homemaker” means an authorized agent of the 10307 Department of Children and FamiliesFamily Serviceswho shall 10308 remain in the child’s home with the child until a parent, legal 10309 guardian, or relative of the child enters the home and is 10310 capable of assuming and agrees to assume charge of the child. 10311 (9) “Child in need of services” means a child for whom 10312 there is no pending investigation into an allegation or 10313 suspicion of abuse, neglect, or abandonment; no pending referral 10314 alleging the child is delinquent; or no current supervision by 10315 the Department of Juvenile Justice or the Department of Children 10316 and FamiliesFamily Servicesfor an adjudication of dependency 10317 or delinquency. The child must also, pursuant to this chapter, 10318 be found by the court: 10319 (a) To have persistently run away from the child’s parents 10320 or legal custodians despite reasonable efforts of the child, the 10321 parents or legal custodians, and appropriate agencies to remedy 10322 the conditions contributing to the behavior. Reasonable efforts 10323 shall include voluntary participation by the child’s parents or 10324 legal custodians and the child in family mediation, services, 10325 and treatment offered by the Department of Juvenile Justice or 10326 the Department of Children and FamiliesFamily Services; 10327 (b) To be habitually truant from school, while subject to 10328 compulsory school attendance, despite reasonable efforts to 10329 remedy the situation pursuant to ss. 1003.26 and 1003.27 and 10330 through voluntary participation by the child’s parents or legal 10331 custodians and by the child in family mediation, services, and 10332 treatment offered by the Department of Juvenile Justice or the 10333 Department of Children and FamiliesFamily Services; or 10334 (c) To have persistently disobeyed the reasonable and 10335 lawful demands of the child’s parents or legal custodians, and 10336 to be beyond their control despite efforts by the child’s 10337 parents or legal custodians and appropriate agencies to remedy 10338 the conditions contributing to the behavior. Reasonable efforts 10339 may include such things as good faith participation in family or 10340 individual counseling. 10341 (12) “Child who is found to be dependent” or “dependent 10342 child” means a child who, pursuant to this chapter, is found by 10343 the court: 10344 (b) To have been surrendered to the former Department of 10345 Health and Rehabilitative Services, the Department of Children 10346 and FamiliesFamily Services, or a licensed child-placing agency 10347 for purpose of adoption. 10348 (c) To have been voluntarily placed with a licensed child 10349 caring agency, a licensed child-placing agency, an adult 10350 relative, the former Department of Health and Rehabilitative 10351 Services, or the Department of Children and FamiliesFamily10352Services, after which placement, under the requirements of this 10353 chapter, a case plan has expired and the parent or parents have 10354 failed to substantially comply with the requirements of the 10355 plan. 10356 (25) “Family in need of services” means a family that has a 10357 child who is running away; who is persistently disobeying 10358 reasonable and lawful demands of the parent or legal custodian 10359 and is beyond the control of the parent or legal custodian; or 10360 who is habitually truant from school or engaging in other 10361 serious behaviors that place the child at risk of future abuse, 10362 neglect, or abandonment or at risk of entering the juvenile 10363 justice system. The child must be referred to a law enforcement 10364 agency, the Department of Juvenile Justice, or an agency 10365 contracted to provide services to children in need of services. 10366 A family is not eligible to receive services if, at the time of 10367 the referral, there is an open investigation into an allegation 10368 of abuse, neglect, or abandonment or if the child is currently 10369 under supervision by the Department of Juvenile Justice or the 10370 Department of Children and FamiliesFamily Servicesdue to an 10371 adjudication of dependency or delinquency. 10372 (33) “Licensed child-caring agency” means a person, 10373 society, association, or agency licensed by the Department of 10374 Children and FamiliesFamily Servicesto care for, receive, and 10375 board children. 10376 (44) “Protective supervision” means a legal status in 10377 child-in-need-of-services cases or family-in-need-of-services 10378 cases which permits the child to remain in his or her own home 10379 or other placement under the supervision of an agent of the 10380 Department of Juvenile Justice or the Department of Children and 10381 FamiliesFamily Services, subject to being returned to the court 10382 during the period of supervision. 10383 (50) “Staff-secure shelter” means a facility in which a 10384 child is supervised 24 hours a day by staff members who are 10385 awake while on duty. The facility is for the temporary care and 10386 assessment of a child who has been found to be dependent, who 10387 has violated a court order and been found in contempt of court, 10388 or whom the Department of Children and FamiliesFamily Services10389 is unable to properly assess or place for assistance within the 10390 continuum of services provided for dependent children. 10391 Section 334. Section 984.071, Florida Statutes, is amended 10392 to read: 10393 984.071 Information packet.—The Department of Juvenile 10394 Justice, in collaboration with the Department of Children and 10395 FamiliesFamily Servicesand the Department of Education, shall 10396 develop and publish an information packet that explains the 10397 current process under this chapter for obtaining assistance for 10398 a child in need of services or a family in need of services and 10399 the community services and resources available to parents of 10400 troubled or runaway children. In preparing the information 10401 packet, the Department of Juvenile Justice shall work with 10402 school district superintendents, juvenile court judges, county 10403 sheriffs, and other local law enforcement officials in order to 10404 ensure that the information packet lists services and resources 10405 that are currently available within the county in which the 10406 packet is distributed. Each information packet shall be annually 10407 updated and shall be available for distribution by January 1, 10408 1998. The school district shall distribute this information 10409 packet to parents of truant children and to other parents upon 10410 request or as deemed appropriate by the school district. In 10411 addition, the Department of Juvenile Justice shall distribute 10412 the information packet to state and local law enforcement 10413 agencies. Any law enforcement officer who has contact with the 10414 parent of a child who is locked out of the home or who runs away 10415 from home shall make the information available to the parent. 10416 Section 335. Paragraph (a) of subsection (1) of section 10417 984.085, Florida Statutes, is amended to read: 10418 984.085 Sheltering unmarried minors; aiding unmarried minor 10419 runaways; violations.— 10420 (1)(a) A person who is not an authorized agent of the 10421 Department of Juvenile Justice or the Department of Children and 10422 FamiliesFamily Servicesmay not knowingly shelter an unmarried 10423 minor for more than 24 hours without the consent of the minor’s 10424 parent or guardian or without notifying a law enforcement 10425 officer of the minor’s name and the fact that the minor is being 10426 provided shelter. 10427 Section 336. Section 984.086, Florida Statutes, is amended 10428 to read: 10429 984.086 Children locked out of the home; interagency 10430 cooperation.—The Department of Juvenile Justice and the 10431 Department of Children and FamiliesFamily Servicesshall 10432 encourage interagency cooperation within each circuit and shall 10433 develop comprehensive agreements between the staff and providers 10434 for each department in order to coordinate the services provided 10435 to children who are locked out of the home and the families of 10436 those children. 10437 Section 337. Subsection (1) of section 984.10, Florida 10438 Statutes, is amended to read: 10439 984.10 Intake.— 10440 (1) Intake shall be performed by the department. A report 10441 or complaint alleging that a child is from a family in need of 10442 services shall be made to the intake office operating in the 10443 county in which the child is found or in which the case arose. 10444 Any person or agency, including, but not limited to, the parent 10445 or legal custodian, the local school district, a law enforcement 10446 agency, or the Department of Children and FamiliesFamily10447Services, having knowledge of the facts may make a report or 10448 complaint. 10449 Section 338. Paragraph (e) of subsection (3) of section 10450 984.15, Florida Statutes, is amended to read: 10451 984.15 Petition for a child in need of services.— 10452 (3) 10453 (e) The court, on its own motion or the motion of any party 10454 or the department, shall determine the legal sufficiency of a 10455 petition filed under this subsection and may dismiss any 10456 petition that lacks sufficient grounds. In addition, the court 10457 shall verify that the child is not: 10458 1. The subject of a pending investigation into an 10459 allegation or suspicion of abuse, neglect, or abandonment; 10460 2. The subject of a pending referral alleging that the 10461 child is delinquent; or 10462 3. Under the current supervision of the department or the 10463 Department of Children and FamiliesFamily Servicesfor an 10464 adjudication of delinquency or dependency. 10465 Section 339. Subsection (3) of section 984.19, Florida 10466 Statutes, is amended to read: 10467 984.19 Medical screening and treatment of child; 10468 examination of parent, guardian, or person requesting custody.— 10469 (3) A judge may order that a child alleged to be or 10470 adjudicated a child in need of services be examined by a 10471 licensed health care professional. The judge may also order such 10472 child to be evaluated by a psychiatrist or a psychologist, by a 10473 district school board educational needs assessment team, or, if 10474 a developmental disability is suspected or alleged, by the 10475 developmental disability diagnostic and evaluation team of the 10476 Department of Children and FamiliesFamily Services. The judge 10477 may order a family assessment if that assessment was not 10478 completed at an earlier time. If it is necessary to place a 10479 child in a residential facility for such evaluation, then the 10480 criteria and procedure established in s. 394.463(2) or chapter 10481 393 shall be used, whichever is applicable. The educational 10482 needs assessment provided by the district school board 10483 educational needs assessment team shall include, but not be 10484 limited to, reports of intelligence and achievement tests, 10485 screening for learning disabilities and other handicaps, and 10486 screening for the need for alternative education pursuant to s. 10487 1003.53. 10488 Section 340. Subsection (3) of section 984.22, Florida 10489 Statutes, is amended to read: 10490 984.22 Powers of disposition.— 10491 (3) When any child is adjudicated by the court to be a 10492 child in need of services and temporary legal custody of the 10493 child has been placed with an adult willing to care for the 10494 child, a licensed child-caring agency, the Department of 10495 Juvenile Justice, or the Department of Children and Families 10496Family Services, the court shall order the natural or adoptive 10497 parents of such child, including the natural father of such 10498 child born out of wedlock who has acknowledged his paternity in 10499 writing before the court, or the guardian of such child’s estate 10500 if possessed of assets which under law may be disbursed for the 10501 care, support, and maintenance of such child, to pay child 10502 support to the adult relative caring for the child, the licensed 10503 child-caring agency, the Department of Juvenile Justice, or the 10504 Department of Children and FamiliesFamily Services. When such 10505 order affects the guardianship estate, a certified copy of such 10506 order shall be delivered to the judge having jurisdiction of 10507 such guardianship estate. If the court determines that the 10508 parent is unable to pay support, placement of the child shall 10509 not be contingent upon issuance of a support order. The 10510 department may employ a collection agency for the purpose of 10511 receiving, collecting, and managing the payment of unpaid and 10512 delinquent fees. The collection agency must be registered and in 10513 good standing under chapter 559. The department may pay to the 10514 collection agency a fee from the amount collected under the 10515 claim or may authorize the agency to deduct the fee from the 10516 amount collected. 10517 Section 341. Subsections (6), (7), and (8) of section 10518 984.225, Florida Statutes, are amended to read: 10519 984.225 Powers of disposition; placement in a staff-secure 10520 shelter.— 10521 (6) The department is deemed to have exhausted the 10522 reasonable remedies offered under this chapter if, at the end of 10523 the commitment period, the parent, guardian, or legal custodian 10524 continues to refuse to allow the child to remain at home or 10525 creates unreasonable conditions for the child’s return. If, at 10526 the end of the commitment period, the child is not reunited with 10527 his or her parent, guardian, or custodian due solely to the 10528 continued refusal of the parent, guardian, or custodian to 10529 provide food, clothing, shelter, and parental support, the child 10530 is considered to be threatened with harm as a result of such 10531 acts or omissions, and the court shall direct that the child be 10532 handled in every respect as a dependent child. Jurisdiction 10533 shall be transferred to the Department of Children and Families 10534Family Services, and the child’s care shall be governed under 10535 the relevant provisions of chapter 39. 10536 (7) The court shall review the child’s commitment once 10537 every 45 days as provided in s. 984.20. The court shall 10538 determine whether the parent, guardian, or custodian has 10539 reasonably participated in and financially contributed to the 10540 child’s counseling and treatment program. The court shall also 10541 determine whether the department’s efforts to reunite the family 10542 have been reasonable. If the court finds an inadequate level of 10543 support or participation by the parent, guardian, or custodian 10544 prior to the end of the commitment period, the court shall 10545 direct that the child be handled in every respect as a dependent 10546 child. Jurisdiction shall be transferred to the Department of 10547 Children and FamiliesFamily Services, and the child’s care 10548 shall be governed under the relevant provisions of chapter 39. 10549 (8) If the child requires residential mental health 10550 treatment or residential care for a developmental disability, 10551 the court shall refer the child to the Department of Children 10552 and FamiliesFamily Servicesfor the provision of necessary 10553 services. 10554 Section 342. Paragraphs (d) and (e) of subsection (5) of 10555 section 984.226, Florida Statutes, are amended to read: 10556 984.226 Physically secure setting.— 10557 (5) 10558 (d) If the court finds an inadequate level of support or 10559 participation by the parent, guardian, or custodian before the 10560 end of the placement, the court shall direct that the child be 10561 handled as a dependent child, jurisdiction shall be transferred 10562 to the Department of Children and FamiliesFamily Services, and 10563 the child’s care shall be governed by chapter 39. 10564 (e) If the child requires residential mental health 10565 treatment or residential care for a developmental disability, 10566 the court shall refer the child to the Department of Children 10567 and FamiliesFamily Servicesfor the provision of necessary 10568 services. 10569 Section 343. Subsections (5), (7), (23), (32), and (51) of 10570 section 985.03, Florida Statutes, are amended to read: 10571 985.03 Definitions.—As used in this chapter, the term: 10572 (5) “Authorized agent” or “designee” of the department 10573 means a person or agency assigned or designated by the 10574 department or the Department of Children and FamiliesFamily10575Services, as appropriate, to perform duties or exercise powers 10576 under this chapter and includes contract providers and their 10577 employees for purposes of providing services to and managing 10578 cases of children in need of services and families in need of 10579 services. 10580 (7) “Child in need of services” means a child for whom 10581 there is no pending investigation into an allegation or 10582 suspicion of abuse, neglect, or abandonment; no pending referral 10583 alleging the child is delinquent; or no current supervision by 10584 the department or the Department of Children and FamiliesFamily10585Servicesfor an adjudication of dependency or delinquency. The 10586 child must also, under this chapter, be found by the court: 10587 (a) To have persistently run away from the child’s parents 10588 or legal custodians despite reasonable efforts of the child, the 10589 parents or legal custodians, and appropriate agencies to remedy 10590 the conditions contributing to the behavior. Reasonable efforts 10591 shall include voluntary participation by the child’s parents or 10592 legal custodians and the child in family mediation, services, 10593 and treatment offered by the department or the Department of 10594 Children and FamiliesFamily Services; 10595 (b) To be habitually truant from school, while subject to 10596 compulsory school attendance, despite reasonable efforts to 10597 remedy the situation under ss. 1003.26 and 1003.27 and through 10598 voluntary participation by the child’s parents or legal 10599 custodians and by the child in family mediation, services, and 10600 treatment offered by the Department of Juvenile Justice or the 10601 Department of Children and FamiliesFamily Services; or 10602 (c) To have persistently disobeyed the reasonable and 10603 lawful demands of the child’s parents or legal custodians, and 10604 to be beyond their control despite efforts by the child’s 10605 parents or legal custodians and appropriate agencies to remedy 10606 the conditions contributing to the behavior. Reasonable efforts 10607 may include such things as good faith participation in family or 10608 individual counseling. 10609 (23) “Family in need of services” means a family that has a 10610 child for whom there is no pending investigation into an 10611 allegation of abuse, neglect, or abandonment or no current 10612 supervision by the department or the Department of Children and 10613 FamiliesFamily Servicesfor an adjudication of dependency or 10614 delinquency. The child must also have been referred to a law 10615 enforcement agency or the department for: 10616 (a) Running away from parents or legal custodians; 10617 (b) Persistently disobeying reasonable and lawful demands 10618 of parents or legal custodians, and being beyond their control; 10619 or 10620 (c) Habitual truancy from school. 10621 (32) “Licensed child-caring agency” means a person, 10622 society, association, or agency licensed by the Department of 10623 Children and FamiliesFamily Servicesto care for, receive, and 10624 board children. 10625 (51) “Staff-secure shelter” means a facility in which a 10626 child is supervised 24 hours a day by staff members who are 10627 awake while on duty. The facility is for the temporary care and 10628 assessment of a child who has been found to be dependent, who 10629 has violated a court order and been found in contempt of court, 10630 or whom the Department of Children and FamiliesFamily Services10631 is unable to properly assess or place for assistance within the 10632 continuum of services provided for dependent children. 10633 Section 344. Subsection (2) of section 985.046, Florida 10634 Statutes, is amended to read: 10635 985.046 Statewide information-sharing system; interagency 10636 workgroup.— 10637 (2) The interagency workgroup shall be coordinated through 10638 the Department of Education and shall include representatives 10639 from the state agencies specified in subsection (1), school 10640 superintendents, school district information system directors, 10641 principals, teachers, juvenile court judges, police chiefs, 10642 county sheriffs, clerks of the circuit court, the Department of 10643 Children and FamiliesFamily Services, providers of juvenile 10644 services including a provider from a juvenile substance abuse 10645 program, and circuit juvenile justice managers. 10646 Section 345. Paragraph (b) of subsection (1) of section 10647 985.047, Florida Statutes, is amended to read: 10648 985.047 Information systems.— 10649 (1) 10650 (b) The central identification file shall contain, but not 10651 be limited to, pertinent dependency record information 10652 maintained by the Department of Children and FamiliesFamily10653Servicesand delinquency record information maintained by the 10654 Department of Juvenile Justice; pertinent school records, 10655 including information on behavior, attendance, and achievement; 10656 pertinent information on delinquency and dependency maintained 10657 by law enforcement agencies and the state attorney; and 10658 pertinent information on delinquency and dependency maintained 10659 by those agencies charged with screening, assessment, planning, 10660 and treatment responsibilities. The information obtained shall 10661 be used to develop a multiagency information sheet on serious 10662 habitual juvenile offenders or juveniles who are at risk of 10663 becoming serious habitual juvenile offenders. The agencies and 10664 persons specified in this paragraph shall cooperate with the law 10665 enforcement agency or county in providing needed information and 10666 in developing the multiagency information sheet to the greatest 10667 extent possible. 10668 Section 346. Subsection (3) of section 985.11, Florida 10669 Statutes, is amended to read: 10670 985.11 Fingerprinting and photographing.— 10671 (3) This section does not prohibit the fingerprinting or 10672 photographing of child traffic violators. All records of such 10673 traffic violations shall be kept in the full name of the 10674 violator and shall be open to inspection and publication in the 10675 same manner as adult traffic violations. This section does not 10676 apply to the photographing of children by the Department of 10677 Juvenile Justice or the Department of Children and Families 10678Family Services. 10679 Section 347. Subsection (1) of section 985.145, Florida 10680 Statutes, is amended to read: 10681 985.145 Responsibilities of juvenile probation officer 10682 during intake; screenings and assessments.— 10683 (1) The juvenile probation officer shall serve as the 10684 primary case manager for the purpose of managing, coordinating, 10685 and monitoring the services provided to the child. Each program 10686 administrator within the Department of Children and Families 10687Family Servicesshall cooperate with the primary case manager in 10688 carrying out the duties and responsibilities described in this 10689 section. In addition to duties specified in other sections and 10690 through departmental rules, the assigned juvenile probation 10691 officer shall be responsible for the following: 10692 (a) Reviewing probable cause affidavit.—The juvenile 10693 probation officer shall make a preliminary determination as to 10694 whether the report, affidavit, or complaint is complete, 10695 consulting with the state attorney as may be necessary. A 10696 report, affidavit, or complaint alleging that a child has 10697 committed a delinquent act or violation of law shall be made to 10698 the intake office operating in the county in which the child is 10699 found or in which the delinquent act or violation of law 10700 occurred. Any person or agency having knowledge of the facts may 10701 make such a written report, affidavit, or complaint and shall 10702 furnish to the intake office facts sufficient to establish the 10703 jurisdiction of the court and to support a finding by the court 10704 that the child has committed a delinquent act or violation of 10705 law. 10706 (b) Notification concerning apparent insufficiencies in 10707 probable cause affidavit.—In any case where the juvenile 10708 probation officer or the state attorney finds that the report, 10709 affidavit, or complaint is insufficient by the standards for a 10710 probable cause affidavit, the juvenile probation officer or 10711 state attorney shall return the report, affidavit, or complaint, 10712 without delay, to the person or agency originating the report, 10713 affidavit, or complaint or having knowledge of the facts or to 10714 the appropriate law enforcement agency having investigative 10715 jurisdiction of the offense, and shall request, and the person 10716 or agency shall promptly furnish, additional information in 10717 order to comply with the standards for a probable cause 10718 affidavit. 10719 (c) Screening.—During the intake process, the juvenile 10720 probation officer shall screen each child or shall cause each 10721 child to be screened in order to determine: 10722 1. Appropriateness for release; referral to a diversionary 10723 program, including, but not limited to, a teen court program; 10724 referral for community arbitration; or referral to some other 10725 program or agency for the purpose of nonofficial or nonjudicial 10726 handling. 10727 2. The presence of medical, psychiatric, psychological, 10728 substance abuse, educational, or vocational problems, or other 10729 conditions that may have caused the child to come to the 10730 attention of law enforcement or the department. The child shall 10731 also be screened to determine whether the child poses a danger 10732 to himself or herself or others in the community. The results of 10733 this screening shall be made available to the court and to court 10734 officers. In cases where such conditions are identified and a 10735 nonjudicial handling of the case is chosen, the juvenile 10736 probation officer shall attempt to refer the child to a program 10737 or agency, together with all available and relevant assessment 10738 information concerning the child’s precipitating condition. 10739 (d) Completing risk assessment instrument.—The juvenile 10740 probation officer shall ensure that a risk assessment instrument 10741 establishing the child’s eligibility for detention has been 10742 accurately completed and that the appropriate recommendation was 10743 made to the court. 10744 (e) Rights.—The juvenile probation officer shall inquire as 10745 to whether the child understands his or her rights to counsel 10746 and against self-incrimination. 10747 (f) Multidisciplinary assessment.—The juvenile probation 10748 officer shall coordinate the multidisciplinary assessment when 10749 required, which includes the classification and placement 10750 process that determines the child’s priority needs, risk 10751 classification, and treatment plan. When sufficient evidence 10752 exists to warrant a comprehensive assessment and the child fails 10753 to voluntarily participate in the assessment efforts, the 10754 juvenile probation officer shall inform the court of the need 10755 for the assessment and the refusal of the child to participate 10756 in such assessment. This assessment, classification, and 10757 placement process shall develop into the predisposition report. 10758 (g) Comprehensive assessment.—The juvenile probation 10759 officer, pursuant to uniform procedures established by the 10760 department and upon determining that the report, affidavit, or 10761 complaint is complete, shall: 10762 1. Perform the preliminary screening and make referrals for 10763 a comprehensive assessment regarding the child’s need for 10764 substance abuse treatment services, mental health services, 10765 intellectual disability services, literacy services, or other 10766 educational or treatment services. 10767 2. If indicated by the preliminary screening, provide for a 10768 comprehensive assessment of the child and family for substance 10769 abuse problems, using community-based licensed programs with 10770 clinical expertise and experience in the assessment of substance 10771 abuse problems. 10772 3. If indicated by the preliminary screening, provide for a 10773 comprehensive assessment of the child and family for mental 10774 health problems, using community-based psychologists, 10775 psychiatrists, or other licensed mental health professionals who 10776 have clinical expertise and experience in the assessment of 10777 mental health problems. 10778 (h) Referrals for services.—The juvenile probation officer 10779 shall make recommendations for services and facilitate the 10780 delivery of those services to the child, including any mental 10781 health services, educational services, family counseling 10782 services, family assistance services, and substance abuse 10783 services. 10784 (i) Recommendation concerning a petition.—Upon determining 10785 that the report, affidavit, or complaint complies with the 10786 standards of a probable cause affidavit and that the interests 10787 of the child and the public will be best served, the juvenile 10788 probation officer may recommend that a delinquency petition not 10789 be filed. If such a recommendation is made, the juvenile 10790 probation officer shall advise in writing the person or agency 10791 making the report, affidavit, or complaint, the victim, if any, 10792 and the law enforcement agency having investigative jurisdiction 10793 over the offense of the recommendation; the reasons therefor; 10794 and that the person or agency may submit, within 10 days after 10795 the receipt of such notice, the report, affidavit, or complaint 10796 to the state attorney for special review. The state attorney, 10797 upon receiving a request for special review, shall consider the 10798 facts presented by the report, affidavit, or complaint, and by 10799 the juvenile probation officer who made the recommendation that 10800 no petition be filed, before making a final decision as to 10801 whether a petition or information should or should not be filed. 10802 (j) Completing intake report.—Subject to the interagency 10803 agreement authorized under this paragraph, the juvenile 10804 probation officer for each case in which a child is alleged to 10805 have committed a violation of law or delinquent act and is not 10806 detained shall submit a written report to the state attorney, 10807 including the original report, complaint, or affidavit, or a 10808 copy thereof, including a copy of the child’s prior juvenile 10809 record, within 20 days after the date the child is taken into 10810 custody. In cases in which the child is in detention, the intake 10811 office report must be submitted within 24 hours after the child 10812 is placed into detention. The intake office report may include a 10813 recommendation that a petition or information be filed or that 10814 no petition or information be filed and may set forth reasons 10815 for the recommendation. The state attorney and the department 10816 may, on a district-by-district basis, enter into interagency 10817 agreements denoting the cases that will require a recommendation 10818 and those for which a recommendation is unnecessary. 10819 Section 348. Paragraph (c) of subsection (4) of section 10820 985.155, Florida Statutes, is amended to read: 10821 985.155 Neighborhood restorative justice.— 10822 (4) DEFERRED PROSECUTION PROGRAM; PROCEDURES.— 10823 (c) The board shall require the parent or legal guardian of 10824 the juvenile who is referred to a Neighborhood Restorative 10825 Justice Center to appear with the juvenile before the board at 10826 the time set by the board. In scheduling board meetings, the 10827 board shall be cognizant of a parent’s or legal guardian’s other 10828 obligations. The failure of a parent or legal guardian to appear 10829 at the scheduled board meeting with his or her child or ward may 10830 be considered by the juvenile court as an act of child neglect 10831 as defined by s. 39.01, and the board may refer the matter to 10832 the Department of Children and FamiliesFamily Servicesfor 10833 investigation under the provisions of chapter 39. 10834 Section 349. Subsection (2) of section 985.18, Florida 10835 Statutes, is amended to read: 10836 985.18 Medical, psychiatric, psychological, substance 10837 abuse, and educational examination and treatment.— 10838 (2) If a child has been found to have committed a 10839 delinquent act, or before such finding with the consent of any 10840 parent or legal custodian of the child, the court may order the 10841 child to be treated by a physician. The court may also order the 10842 child to receive mental health, substance abuse, or intellectual 10843 disability services from a psychiatrist, psychologist, or other 10844 appropriate service provider. If it is necessary to place the 10845 child in a residential facility for such services, the 10846 procedures and criteria established in chapter 393, chapter 394, 10847 or chapter 397, as applicable, must be used. After a child has 10848 been adjudicated delinquent, if an educational needs assessment 10849 by the district school board or the Department of Children and 10850 FamiliesFamily Serviceshas been conducted, the court shall 10851 order the report included in the child’s court record in lieu of 10852 a new assessment. For purposes of this section, an educational 10853 needs assessment includes, but is not limited to, reports of 10854 intelligence and achievement tests, screening for learning and 10855 other disabilities, and screening for the need for alternative 10856 education. 10857 Section 350. Paragraphs (a), (d), (g), and (h) of 10858 subsection (1), subsections (2) and (4), paragraph (b) of 10859 subsection (5), and subsection (6) of section 985.19, Florida 10860 Statutes, are amended to read: 10861 985.19 Incompetency in juvenile delinquency cases.— 10862 (1) If, at any time prior to or during a delinquency case, 10863 the court has reason to believe that the child named in the 10864 petition may be incompetent to proceed with the hearing, the 10865 court on its own motion may, or on the motion of the child’s 10866 attorney or state attorney must, stay all proceedings and order 10867 an evaluation of the child’s mental condition. 10868 (a) Any motion questioning the child’s competency to 10869 proceed must be served upon the child’s attorney, the state 10870 attorney, the attorneys representing the Department of Juvenile 10871 Justice, and the attorneys representing the Department of 10872 Children and FamiliesFamily Services. Thereafter, any motion, 10873 notice of hearing, order, or other legal pleading relating to 10874 the child’s competency to proceed with the hearing must be 10875 served upon the child’s attorney, the state attorney, the 10876 attorneys representing the Department of Juvenile Justice, and 10877 the attorneys representing the Department of Children and 10878 FamiliesFamily Services. 10879 (d) For incompetency evaluations related to mental illness, 10880 the Department of Children and FamiliesFamily Servicesshall 10881 maintain and annually provide the courts with a list of 10882 available mental health professionals who have completed a 10883 training program approved by the Department of Children and 10884 FamiliesFamily Servicesto perform the evaluations. 10885 (g) Immediately upon the filing of the court order finding 10886 a child incompetent to proceed, the clerk of the court shall 10887 notify the Department of Children and FamiliesFamily Services10888 and the Agency for Persons with Disabilities and fax or hand 10889 deliver to the department and to the agency a referral packet 10890 that includes, at a minimum, the court order, the charging 10891 documents, the petition, and the court-appointed evaluator’s 10892 reports. 10893 (h) After placement of the child in the appropriate 10894 setting, the Department of Children and FamiliesFamily Services10895 in consultation with the Agency for Persons with Disabilities, 10896 as appropriate, must, within 30 days after placement of the 10897 child, prepare and submit to the court a treatment or training 10898 plan for the child’s restoration of competency. A copy of the 10899 plan must be served upon the child’s attorney, the state 10900 attorney, and the attorneys representing the Department of 10901 Juvenile Justice. 10902 (2) A child who is adjudicated incompetent to proceed, and 10903 who has committed a delinquent act or violation of law, either 10904 of which would be a felony if committed by an adult, must be 10905 committed to the Department of Children and FamiliesFamily10906Servicesfor treatment or training. A child who has been 10907 adjudicated incompetent to proceed because of age or immaturity, 10908 or for any reason other than for mental illness, intellectual 10909 disability, or autism, must not be committed to the department 10910 or to the Department of Children and FamiliesFamily Services10911 for restoration-of-competency treatment or training services. 10912 For purposes of this section, a child who has committed a 10913 delinquent act or violation of law, either of which would be a 10914 misdemeanor if committed by an adult, may not be committed to 10915 the department or to the Department of Children and Families 10916Family Servicesfor restoration-of-competency treatment or 10917 training services. 10918 (4) A child who is determined to have mental illness, 10919 intellectual disability, or autism, who has been adjudicated 10920 incompetent to proceed, and who meets the criteria set forth in 10921 subsection (3), must be committed to the Department of Children 10922 and FamiliesFamily Servicesand receive treatment or training 10923 in a secure facility or program that is the least restrictive 10924 alternative consistent with public safety. Any placement of a 10925 child to a secure residential program must be separate from 10926 adult forensic programs. If the child attains competency, 10927 custody, case management, and supervision of the child shall be 10928 transferred to the department in order to continue delinquency 10929 proceedings; however, the court retains authority to order the 10930 Department of Children and FamiliesFamily Servicesto provide 10931 continued treatment or training to maintain competency. 10932 (a) A child adjudicated incompetent due to intellectual 10933 disability or autism may be ordered into a secure program or 10934 facility designated by the Department of Children and Families 10935Family Servicesfor children who have intellectual disabilities 10936 or autism. 10937 (b) A child adjudicated incompetent due to mental illness 10938 may be ordered into a secure program or facility designated by 10939 the Department of Children and FamiliesFamily Servicesfor 10940 children having mental illnesses. 10941 (c) If a child is placed in a secure residential facility, 10942 the department shall provide transportation to the secure 10943 residential facility for admission and from the secure 10944 residential facility upon discharge. 10945 (d) The purpose of the treatment or training is the 10946 restoration of the child’s competency to proceed. 10947 (e) The service provider must file a written report with 10948 the court pursuant to the applicable Florida Rules of Juvenile 10949 Procedure within 6 months after the date of commitment, or at 10950 the end of any period of extended treatment or training, and at 10951 any time the Department of Children and FamiliesFamily10952Services, through its service provider, determines the child has 10953 attained competency or no longer meets the criteria for secure 10954 placement, or at such shorter intervals as ordered by the court. 10955 A copy of a written report evaluating the child’s competency 10956 must be filed by the provider with the court and with the state 10957 attorney, the child’s attorney, the department, and the 10958 Department of Children and FamiliesFamily Services. 10959 (5) 10960 (b) Whenever the provider files a report with the court 10961 informing the court that the child will never become competent 10962 to proceed, the Department of Children and FamiliesFamily10963Serviceswill develop a discharge plan for the child prior to 10964 any hearing determining whether the child will ever become 10965 competent to proceed and send the plan to the court, the state 10966 attorney, the child’s attorney, and the attorneys representing 10967 the Department of Juvenile Justice. The provider will continue 10968 to provide services to the child until the court issues the 10969 order finding the child will never become competent to proceed. 10970 (6)(a) If a child is determined to have mental illness, 10971 intellectual disability, or autism and is found to be 10972 incompetent to proceed but does not meet the criteria set forth 10973 in subsection (3), the court shall commit the child to the 10974 Department of Children and FamiliesFamily Servicesand order 10975 the Department of Children and FamiliesFamily Servicesto 10976 provide appropriate treatment and training in the community. The 10977 purpose of the treatment or training is the restoration of the 10978 child’s competency to proceed. 10979 (b) All court-ordered treatment or training must be the 10980 least restrictive alternative that is consistent with public 10981 safety. Any placement by the Department of Children and Families 10982Family Servicesto a residential program must be separate from 10983 adult forensic programs. 10984 (c) If a child is ordered to receive competency restoration 10985 services, the services shall be provided by the Department of 10986 Children and FamiliesFamily Services. The department shall 10987 continue to provide case management services to the child and 10988 receive notice of the competency status of the child. 10989 (d) The service provider must file a written report with 10990 the court pursuant to the applicable Florida Rules of Juvenile 10991 Procedure, not later than 6 months after the date of commitment, 10992 at the end of any period of extended treatment or training, and 10993 at any time the service provider determines the child has 10994 attained competency or will never attain competency, or at such 10995 shorter intervals as ordered by the court. A copy of a written 10996 report evaluating the child’s competency must be filed by the 10997 provider with the court, the state attorney, the child’s 10998 attorney, the Department of Children and FamiliesFamily10999Services, and the department. 11000 Section 351. Paragraph (f) of subsection (6) of section 11001 985.433, Florida Statutes, is amended to read: 11002 985.433 Disposition hearings in delinquency cases.—When a 11003 child has been found to have committed a delinquent act, the 11004 following procedures shall be applicable to the disposition of 11005 the case: 11006 (6) The first determination to be made by the court is a 11007 determination of the suitability or nonsuitability for 11008 adjudication and commitment of the child to the department. This 11009 determination shall include consideration of the recommendations 11010 of the department, which may include a predisposition report. 11011 The predisposition report shall include, whether as part of the 11012 child’s multidisciplinary assessment, classification, and 11013 placement process components or separately, evaluation of the 11014 following criteria: 11015 (f) The record and previous criminal history of the child, 11016 including without limitations: 11017 1. Previous contacts with the department, the former 11018 Department of Health and Rehabilitative Services, the Department 11019 of Children and FamiliesFamily Services, the Department of 11020 Corrections, other law enforcement agencies, and courts. 11021 2. Prior periods of probation. 11022 3. Prior adjudications of delinquency. 11023 4. Prior commitments to institutions. 11024 11025 It is the intent of the Legislature that the criteria set forth 11026 in this subsection are general guidelines to be followed at the 11027 discretion of the court and not mandatory requirements of 11028 procedure. It is not the intent of the Legislature to provide 11029 for the appeal of the disposition made under this section. 11030 Section 352. Subsections (2) and (3) of section 985.461, 11031 Florida Statutes, are amended to read: 11032 985.461 Transition to adulthood.— 11033 (2) Youth served by the department who are in the custody 11034 of the Department of Children and FamiliesFamily Servicesand 11035 who entered juvenile justice placement from a foster care 11036 placement, if otherwise eligible, may receive independent living 11037 transition services pursuant to s. 409.1451. Court-ordered 11038 commitment or probation with the department is not a barrier to 11039 eligibility for the array of services available to a youth who 11040 is in the dependency foster care system only. 11041 (3) For a dependent child in the foster care system, 11042 adjudication for delinquency does not, by itself, disqualify 11043 such child for eligibility in the Department of Children and 11044 Families’Family Services’independent living program. 11045 Section 353. Paragraph (j) of subsection (11) of section 11046 985.48, Florida Statutes, is amended to read: 11047 985.48 Juvenile sexual offender commitment programs; sexual 11048 abuse intervention networks.— 11049 (11) Membership of a sexual abuse intervention network 11050 shall include, but is not limited to, representatives from: 11051 (j) The Department of Children and FamiliesFamily11052Services. 11053 Section 354. Paragraph (c) of subsection (4) of section 11054 985.556, Florida Statutes, is amended to read: 11055 985.556 Waiver of juvenile court jurisdiction; hearing.— 11056 (4) WAIVER HEARING.— 11057 (c) The court shall conduct a hearing on all transfer 11058 request motions for the purpose of determining whether a child 11059 should be transferred. In making its determination, the court 11060 shall consider: 11061 1. The seriousness of the alleged offense to the community 11062 and whether the protection of the community is best served by 11063 transferring the child for adult sanctions. 11064 2. Whether the alleged offense was committed in an 11065 aggressive, violent, premeditated, or willful manner. 11066 3. Whether the alleged offense was against persons or 11067 against property, greater weight being given to offenses against 11068 persons, especially if personal injury resulted. 11069 4. The probable cause as found in the report, affidavit, or 11070 complaint. 11071 5. The desirability of trial and disposition of the entire 11072 offense in one court when the child’s associates in the alleged 11073 crime are adults or children who are to be tried as adults. 11074 6. The sophistication and maturity of the child. 11075 7. The record and previous history of the child, including: 11076 a. Previous contacts with the department, the Department of 11077 Corrections, the former Department of Health and Rehabilitative 11078 Services, the Department of Children and FamiliesFamily11079Services, other law enforcement agencies, and courts; 11080 b. Prior periods of probation; 11081 c. Prior adjudications that the child committed a 11082 delinquent act or violation of law, greater weight being given 11083 if the child has previously been found by a court to have 11084 committed a delinquent act or violation of law involving an 11085 offense classified as a felony or has twice previously been 11086 found to have committed a delinquent act or violation of law 11087 involving an offense classified as a misdemeanor; and 11088 d. Prior commitments to institutions. 11089 8. The prospects for adequate protection of the public and 11090 the likelihood of reasonable rehabilitation of the child, if the 11091 child is found to have committed the alleged offense, by the use 11092 of procedures, services, and facilities currently available to 11093 the court. 11094 Section 355. Paragraph (b) of subsection (1) of section 11095 985.565, Florida Statutes, is amended to read: 11096 985.565 Sentencing powers; procedures; alternatives for 11097 juveniles prosecuted as adults.— 11098 (1) POWERS OF DISPOSITION.— 11099 (b) In determining whether to impose juvenile sanctions 11100 instead of adult sanctions, the court shall consider the 11101 following criteria: 11102 1. The seriousness of the offense to the community and 11103 whether the community would best be protected by juvenile or 11104 adult sanctions. 11105 2. Whether the offense was committed in an aggressive, 11106 violent, premeditated, or willful manner. 11107 3. Whether the offense was against persons or against 11108 property, with greater weight being given to offenses against 11109 persons, especially if personal injury resulted. 11110 4. The sophistication and maturity of the offender. 11111 5. The record and previous history of the offender, 11112 including: 11113 a. Previous contacts with the Department of Corrections, 11114 the Department of Juvenile Justice, the former Department of 11115 Health and Rehabilitative Services, the Department of Children 11116 and FamiliesFamily Services, law enforcement agencies, and the 11117 courts. 11118 b. Prior periods of probation. 11119 c. Prior adjudications that the offender committed a 11120 delinquent act or violation of law as a child. 11121 d. Prior commitments to the Department of Juvenile Justice, 11122 the former Department of Health and Rehabilitative Services, the 11123 Department of Children and FamiliesFamily Services, or other 11124 facilities or institutions. 11125 6. The prospects for adequate protection of the public and 11126 the likelihood of deterrence and reasonable rehabilitation of 11127 the offender if assigned to services and facilities of the 11128 Department of Juvenile Justice. 11129 7. Whether the Department of Juvenile Justice has 11130 appropriate programs, facilities, and services immediately 11131 available. 11132 8. Whether adult sanctions would provide more appropriate 11133 punishment and deterrence to further violations of law than the 11134 imposition of juvenile sanctions. 11135 Section 356. Subsection (4) of section 985.601, Florida 11136 Statutes, is amended to read: 11137 985.601 Administering the juvenile justice continuum.— 11138 (4) The department shall maintain continuing cooperation 11139 with the Department of Education, the Department of Children and 11140 FamiliesFamily Services, the Department of Economic 11141 Opportunity, and the Department of Corrections for the purpose 11142 of participating in agreements with respect to dropout 11143 prevention and the reduction of suspensions, expulsions, and 11144 truancy; increased access to and participation in GED, 11145 vocational, and alternative education programs; and employment 11146 training and placement assistance. The cooperative agreements 11147 between the departments shall include an interdepartmental plan 11148 to cooperate in accomplishing the reduction of inappropriate 11149 transfers of children into the adult criminal justice and 11150 correctional systems. 11151 Section 357. Subsection (1) of section 985.61, Florida 11152 Statutes, is amended to read: 11153 985.61 Early delinquency intervention program; criteria.— 11154 (1) The Department of Juvenile Justice shall, contingent 11155 upon specific appropriation and with the cooperation of local 11156 law enforcement agencies, the judiciary, district school board 11157 personnel, the office of the state attorney, the office of the 11158 public defender, the Department of Children and FamiliesFamily11159Services, and community service agencies that work with 11160 children, establish an early delinquency intervention program, 11161 the components of which shall include, but not be limited to: 11162 (a) Case management services. 11163 (b) Treatment modalities, including substance abuse 11164 treatment services, mental health services, and services for 11165 intellectual disabilities. 11166 (c) Prevocational education and career education services. 11167 (d) Diagnostic evaluation services. 11168 (e) Educational services. 11169 (f) Self-sufficiency planning. 11170 (g) Independent living skills. 11171 (h) Parenting skills. 11172 (i) Recreational and leisure time activities. 11173 (j) Program evaluation. 11174 (k) Medical screening. 11175 Section 358. Section 985.614, Florida Statutes, is amended 11176 to read: 11177 985.614 Children locked out of the home; interagency 11178 cooperation.—The department and the Department of Children and 11179 FamiliesFamily Servicesshall encourage interagency cooperation 11180 within each circuit and shall develop comprehensive agreements 11181 between the staff and providers for each department in order to 11182 coordinate the services provided to children who are locked out 11183 of the home and the families of those children. 11184 Section 359. Section 985.64, Florida Statutes, is amended 11185 to read: 11186 985.64 Rulemaking.— 11187 (1) The department shall adopt rules pursuant to ss. 11188 120.536(1) and 120.54 to implement the provisions of this 11189 chapter. Such rules may not conflict with the Florida Rules of 11190 Juvenile Procedure. All rules and policies must conform to 11191 accepted standards of care and treatment. 11192 (2) The department shall adopt rules to ensure the 11193 effective provision of health services to youth in facilities or 11194 programs operated or contracted by the department. The rules 11195 shall address the delivery of the following: 11196 (a) Ordinary medical care. 11197 (b) Mental health services. 11198 (c) Substance abuse treatment services. 11199 (d) Services to youth with developmental disabilities. 11200 11201 The department shall coordinate its rulemaking with the 11202 Department of Children and FamiliesFamily Servicesand the 11203 Agency for Persons with Disabilities to ensure that the rules 11204 adopted under this section do not encroach upon the substantive 11205 jurisdiction of those agencies. The department shall include the 11206 above-mentioned entities in the rulemaking process, as 11207 appropriate. This subsection does not supersede the provisions 11208 governing consent to treatment and services found in ss. 39.407, 11209 743.0645, and 985.18, or otherwise provided by law. 11210 Section 360. Paragraph (a) of subsection (1) of section 11211 985.731, Florida Statutes, is amended to read: 11212 985.731 Sheltering unmarried minors; aiding unmarried minor 11213 runaways; violations.— 11214 (1)(a) A person who is not an authorized agent of the 11215 department or the Department of Children and FamiliesFamily11216Servicesmay not knowingly shelter an unmarried minor for more 11217 than 24 hours without the consent of the minor’s parent or 11218 guardian or without notifying a law enforcement officer of the 11219 minor’s name and the fact that the minor is being provided 11220 shelter. 11221 Section 361. Subsection (3) of section 985.8025, Florida 11222 Statutes, is amended to read: 11223 985.8025 State Council for Interstate Juvenile Offender 11224 Supervision.— 11225 (3) Appointees shall be selected from individuals with 11226 personal or professional experience in the juvenile justice 11227 system and may include a victim’s advocate, employees of the 11228 Department of Children and FamiliesFamily Services, employees 11229 of the Department of Law Enforcement who work with missing and 11230 exploited children, and a parent who, at the time of 11231 appointment, does not have a child involved in the juvenile 11232 justice system. 11233 Section 362. Paragraph (m) of subsection (4) of section 11234 1001.42, Florida Statutes, is amended to read: 11235 1001.42 Powers and duties of district school board.—The 11236 district school board, acting as a board, shall exercise all 11237 powers and perform all duties listed below: 11238 (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF SCHOOLS. 11239 Adopt and provide for the execution of plans for the 11240 establishment, organization, and operation of the schools of the 11241 district, including, but not limited to, the following: 11242 (m) Alternative education programs for students in 11243 residential care facilities.—Provide, in accordance with the 11244 provisions of s. 1003.58, educational programs according to 11245 rules of the State Board of Education to students who reside in 11246 residential care facilities operated by the Department of 11247 Children and FamiliesFamily Services. 11248 Section 363. Subsection (7) of section 1002.3305, Florida 11249 Statutes, is amended to read: 11250 1002.3305 College-Preparatory Boarding Academy Pilot 11251 Program for at-risk students.— 11252 (7) FUNDING.—The college-preparatory boarding academy must 11253 be a public school and part of the state’s program of education. 11254 The program may receive state and federal funding from 11255 noneducation sources, and such funds may be transferred between 11256 state agencies to provide for the operations of the program. The 11257 State Board of Education shall coordinate, streamline, and 11258 simplify any requirements to eliminate duplicate, redundant, or 11259 conflicting requirements and oversight by various governmental 11260 programs or agencies. Funding for the operation of the boarding 11261 academy is contingent on the development of a plan by the 11262 Department of Education, the Department of Juvenile Justice, and 11263 the Department of Children and FamiliesFamily Serviceswhich 11264 details how educational and noneducational funds that would 11265 otherwise be committed to the students in the school and their 11266 families can be repurposed to provide for the operation of the 11267 school and related services. Such plans must be based on federal 11268 and state funding streams for children and families meeting the 11269 eligibility criteria for eligible students as specified in 11270 paragraph (2)(b) and include recommendations for modifications 11271 to the criteria for eligible students which further the 11272 program’s goals or improve the feasibility of using existing 11273 funding sources. The plan shall be submitted, together with 11274 relevant budget requests, through the legislative budget request 11275 process under s. 216.023 or through requests for budget 11276 amendments to the Legislative Budget Commission in accordance 11277 with s. 216.181. 11278 Section 364. Paragraph (c) of subsection (2) of section 11279 1002.395, Florida Statutes, is amended to read: 11280 1002.395 Florida Tax Credit Scholarship Program.— 11281 (2) DEFINITIONS.—As used in this section, the term: 11282 (c) “Direct certification list” means the certified list of 11283 children who qualify for the food assistance program, the 11284 Temporary Assistance to Needy Families Program, or the Food 11285 Distribution Program on Indian Reservations provided to the 11286 Department of Education by the Department of Children and 11287 FamiliesFamily Services. 11288 Section 365. Subsection (3) of section 1002.57, Florida 11289 Statutes, is amended to read: 11290 1002.57 Prekindergarten director credential.— 11291 (3) The prekindergarten director credential must meet or 11292 exceed the requirements of the Department of Children and 11293 FamiliesFamily Servicesfor the child care facility director 11294 credential under s. 402.305(2)(f), and successful completion of 11295 the prekindergarten director credential satisfies these 11296 requirements for the child care facility director credential. 11297 Section 366. Subsection (4) of section 1003.27, Florida 11298 Statutes, is amended to read: 11299 1003.27 Court procedure and penalties.—The court procedure 11300 and penalties for the enforcement of the provisions of this 11301 part, relating to compulsory school attendance, shall be as 11302 follows: 11303 (4) COOPERATIVE AGREEMENTS.—The circuit manager of the 11304 Department of Juvenile Justice or the circuit manager’s 11305 designee, the district administrator of the Department of 11306 Children and FamiliesFamily Servicesor the district 11307 administrator’s designee, and the district school superintendent 11308 or the superintendent’s designee must develop a cooperative 11309 interagency agreement that: 11310 (a) Clearly defines each department’s role, responsibility, 11311 and function in working with habitual truants and their 11312 families. 11313 (b) Identifies and implements measures to resolve and 11314 reduce truant behavior. 11315 (c) Addresses issues of streamlining service delivery, the 11316 appropriateness of legal intervention, case management, the role 11317 and responsibility of the case staffing committee, student and 11318 parental intervention and involvement, and community action 11319 plans. 11320 (d) Delineates timeframes for implementation and identifies 11321 a mechanism for reporting results by the circuit juvenile 11322 justice manager or the circuit manager’s designee and the 11323 district school superintendent or the superintendent’s designee 11324 to the Department of Juvenile Justice and the Department of 11325 Education and other governmental entities as needed. 11326 (e) Designates which agency is responsible for each of the 11327 intervention steps in this section, to yield more effective and 11328 efficient intervention services. 11329 Section 367. Subsection (1) of section 1003.49, Florida 11330 Statutes, is amended to read: 11331 1003.49 Graduation and promotion requirements for publicly 11332 operated schools.— 11333 (1) Each state or local public agency, including the 11334 Department of Children and FamiliesFamily Services, the 11335 Department of Corrections, the boards of trustees of 11336 universities and Florida College System institutions, and the 11337 Board of Trustees of the Florida School for the Deaf and the 11338 Blind, which agency is authorized to operate educational 11339 programs for students at any level of grades kindergarten 11340 through 12 shall be subject to all applicable requirements of 11341 ss. 1003.428, 1003.429, 1008.23, and 1008.25. Within the content 11342 of these cited statutes each such state or local public agency 11343 or entity shall be considered a “district school board.” 11344 Section 368. Subsection (1) of section 1003.51, Florida 11345 Statutes, is amended to read: 11346 1003.51 Other public educational services.— 11347 (1) The general control of other public educational 11348 services shall be vested in the State Board of Education except 11349 as provided herein. The State Board of Education shall, at the 11350 request of the Department of Children and FamiliesFamily11351Servicesand the Department of Juvenile Justice, advise as to 11352 standards and requirements relating to education to be met in 11353 all state schools or institutions under their control which 11354 provide educational programs. The Department of Education shall 11355 provide supervisory services for the educational programs of all 11356 such schools or institutions. The direct control of any of these 11357 services provided as part of the district program of education 11358 shall rest with the district school board. These services shall 11359 be supported out of state, district, federal, or other lawful 11360 funds, depending on the requirements of the services being 11361 supported. 11362 Section 369. Paragraph (a) of subsection (3) of section 11363 1003.57, Florida Statutes, is amended to read: 11364 1003.57 Exceptional students instruction.— 11365 (3)(a) For purposes of this subsection and subsection (4), 11366 the term: 11367 1. “Agency” means the Department of Children and Families 11368Family Servicesor its contracted lead agency, the Agency for 11369 Persons with Disabilities, and the Agency for Health Care 11370 Administration. 11371 2. “Exceptional student” means an exceptional student, as 11372 defined in s. 1003.01, who has a disability. 11373 3. “Receiving school district” means the district in which 11374 a private residential care facility is located. 11375 4. “Placement” means the funding or arrangement of funding 11376 by an agency for all or a part of the cost for an exceptional 11377 student to reside in a private residential care facility and the 11378 placement crosses school district lines. 11379 11380 The requirements of paragraphs (c) and (d) do not apply to 11381 written agreements among school districts which specify each 11382 school district’s responsibility for providing and paying for 11383 educational services to an exceptional student in a residential 11384 care facility. However, each agreement must require a school 11385 district to review the student’s IEP within 10 business days 11386 after receiving the notification required under paragraph (b). 11387 Section 370. Section 1003.58, Florida Statutes, is amended 11388 to read: 11389 1003.58 Students in residential care facilities.—Each 11390 district school board shall provide educational programs 11391 according to rules of the State Board of Education to students 11392 who reside in residential care facilities operated by the 11393 Department of Children and FamiliesFamily Servicesor the 11394 Agency for Persons with Disabilities. 11395 (1) The district school board shall not be charged any 11396 rent, maintenance, utilities, or overhead on such facilities. 11397 Maintenance, repairs, and remodeling of existing facilities 11398 shall be provided by the Department of Children and Families 11399Family Servicesor the Agency for Persons with Disabilities, as 11400 appropriate. 11401 (2) If additional facilities are required, the district 11402 school board and the Department of Children and FamiliesFamily11403Servicesor the Agency for Persons with Disabilities, as 11404 appropriate, shall agree on the appropriate site based on the 11405 instructional needs of the students. When the most appropriate 11406 site for instruction is on district school board property, a 11407 special capital outlay request shall be made by the commissioner 11408 in accordance with s. 1013.60. When the most appropriate site is 11409 on state property, state capital outlay funds shall be requested 11410 by the department or agency in accordance with chapter 216. Any 11411 instructional facility to be built on state property shall have 11412 educational specifications jointly developed by the school 11413 district and the department or agency and approved by the 11414 Department of Education. The size of space and occupant design 11415 capacity criteria as provided by state board rules shall be used 11416 for remodeling or new construction whether facilities are 11417 provided on state property or district school board property. 11418 The planning of such additional facilities shall incorporate 11419 current state deinstitutionalization goals and plans. 11420 (3) The district school board shall have full and complete 11421 authority in the matter of the assignment and placement of such 11422 students in educational programs. The parent of an exceptional 11423 student shall have the same due process rights as are provided 11424 under s. 1003.57(1)(c). 11425 (4) The district school board shall have a written 11426 agreement with the Department of Children and FamiliesFamily11427Servicesand the Agency for Persons with Disabilities outlining 11428 the respective duties and responsibilities of each party. 11429 11430 Notwithstanding the provisions herein, the educational program 11431 at the Marianna Sunland Center in Jackson County shall be 11432 operated by the Department of Education, either directly or 11433 through grants or contractual agreements with other public or 11434 duly accredited educational agencies approved by the Department 11435 of Education. 11436 Section 371. Subsection (2) of section 1004.44, Florida 11437 Statutes, is amended to read: 11438 1004.44 Louis de la Parte Florida Mental Health Institute. 11439 There is established the Louis de la Parte Florida Mental Health 11440 Institute within the University of South Florida. 11441 (2) The Department of Children and FamiliesFamily Services11442 is authorized to designate the Louis de la Parte Florida Mental 11443 Health Institute a treatment facility for the purpose of 11444 accepting voluntary and involuntary clients in accordance with 11445 institute programs. Clients to be admitted are exempted from 11446 prior screening by a community mental health center. 11447 Section 372. Section 1004.61, Florida Statutes, is amended 11448 to read: 11449 1004.61 Partnerships to develop child protection workers. 11450 The Department of Children and FamiliesFamily Servicesis 11451 directed to form partnerships with the schools of social work of 11452 the state universities in order to encourage the development of 11453 graduates trained to work in child protection. The department 11454 shall give hiring preferences for child protection jobs to 11455 graduates who have earned bachelor’s and master’s degrees from 11456 these programs with a concentration in child protection. The 11457 partnership between the Department of Children and Families 11458Family Servicesand the schools of social work shall include, 11459 but not be limited to, modifying existing graduate and 11460 undergraduate social work curricula, providing field placements 11461 for students into child protection internships in the 11462 department, and collaborating in the design and delivery of 11463 advanced levels of social work practice. 11464 Section 373. Paragraph (c) of subsection (3) of section 11465 1004.93, Florida Statutes, is amended to read: 11466 1004.93 Adult general education.— 11467 (3) 11468 (c) To the extent funds are available, the Department of 11469 Children and FamiliesFamily Servicesshall provide for day care 11470 and transportation services to clients who enroll in adult basic 11471 education programs. 11472 Section 374. Subsection (1) of section 1006.03, Florida 11473 Statutes, is amended to read: 11474 1006.03 Diagnostic and learning resource centers.— 11475 (1) The department shall maintain regional diagnostic and 11476 learning resource centers for exceptional students, to assist in 11477 the provision of medical, physiological, psychological, and 11478 educational testing and other services designed to evaluate and 11479 diagnose exceptionalities, to make referrals for necessary 11480 instruction and services, and to facilitate the provision of 11481 instruction and services to exceptional students. The department 11482 shall cooperate with the Department of Children and Families 11483Family Servicesin identifying service needs and areas. 11484 Section 375. Subsection (3) of section 1006.061, Florida 11485 Statutes, is amended to read: 11486 1006.061 Child abuse, abandonment, and neglect policy.—Each 11487 district school board, charter school, and private school that 11488 accepts scholarship students under s. 1002.39 or s. 1002.395 11489 shall: 11490 (3) Require the principal of the charter school or private 11491 school, or the district school superintendent, or the 11492 superintendent’s designee, at the request of the Department of 11493 Children and FamiliesFamily Services, to act as a liaison to 11494 the Department of Children and FamiliesFamily Servicesand the 11495 child protection team, as defined in s. 39.01, when in a case of 11496 suspected child abuse, abandonment, or neglect or an unlawful 11497 sexual offense involving a child the case is referred to such a 11498 team; except that this does not relieve or restrict the 11499 Department of Children and FamiliesFamily Servicesfrom 11500 discharging its duty and responsibility under the law to 11501 investigate and report every suspected or actual case of child 11502 abuse, abandonment, or neglect or unlawful sexual offense 11503 involving a child. 11504 11505 The Department of Education shall develop, and publish on the 11506 department’s Internet website, sample notices suitable for 11507 posting in accordance with subsections (1) and (2). 11508 Section 376. Subsection (3) of section 1008.39, Florida 11509 Statutes, is amended to read: 11510 1008.39 Florida Education and Training Placement 11511 Information Program.— 11512 (3) The Florida Education and Training Placement 11513 Information Program must not make public any information that 11514 could identify an individual or the individual’s employer. The 11515 Department of Education must ensure that the purpose of 11516 obtaining placement information is to evaluate and improve 11517 public programs or to conduct research for the purpose of 11518 improving services to the individuals whose social security 11519 numbers are used to identify their placement. If an agreement 11520 assures that this purpose will be served and that privacy will 11521 be protected, the Department of Education shall have access to 11522 the reemployment assistance wage reports maintained by the 11523 Department of Economic Opportunity, the files of the Department 11524 of Children and FamiliesFamily Servicesthat contain 11525 information about the distribution of public assistance, the 11526 files of the Department of Corrections that contain records of 11527 incarcerations, and the files of the Department of Business and 11528 Professional Regulation that contain the results of licensure 11529 examination. 11530 Section 377. Paragraphs (c) and (d) of subsection (1) of 11531 section 1009.25, Florida Statutes, are amended to read: 11532 1009.25 Fee exemptions.— 11533 (1) The following students are exempt from the payment of 11534 tuition and fees, including lab fees, at a school district that 11535 provides workforce education programs, Florida College System 11536 institution, or state university: 11537 (c) A student who is or was at the time he or she reached 11538 18 years of age in the custody of the Department of Children and 11539 FamiliesFamily Servicesor who, after spending at least 6 11540 months in the custody of the department after reaching 16 years 11541 of age, was placed in a guardianship by the court. Such 11542 exemption includes fees associated with enrollment in applied 11543 academics for adult education instruction. The exemption remains 11544 valid until the student reaches 28 years of age. 11545 (d) A student who is or was at the time he or she reached 11546 18 years of age in the custody of a relative under s. 39.5085 or 11547 who was adopted from the Department of Children and Families 11548Family Servicesafter May 5, 1997. Such exemption includes fees 11549 associated with enrollment in applied academics for adult 11550 education instruction. The exemption remains valid until the 11551 student reaches 28 years of age. 11552 Section 378. Subsection (1) of section 1010.57, Florida 11553 Statutes, is amended to read: 11554 1010.57 Bonds payable from motor vehicle license tax funds; 11555 instruction units computed.— 11556 (1) For the purpose of administering the provisions of s. 11557 9(d), Art. XII of the State Constitution as amended in 1972, the 11558 number of current instruction units in districts shall be 11559 computed annually by the Department of Education by multiplying 11560 the number of full-time equivalent students in programs under s. 11561 1011.62(1)(c) in each district by the cost factors established 11562 in the General Appropriations Act and dividing by 23, except 11563 that all basic program cost factors shall be one, and the 11564 special program cost factors for hospital- and homebound I and 11565 for community service shall be zero. Full-time equivalent 11566 membership for students residing in Department of Children and 11567 FamiliesFamily Servicesresidential care facilities or 11568 identified as Department of Juvenile Justice students shall not 11569 be included in this computation. Any portion of the fund not 11570 expended during any fiscal year may be carried forward in 11571 ensuing budgets and shall be temporarily invested as prescribed 11572 by law or rules of the State Board of Education. 11573 Section 379. Paragraph (d) of subsection (1) of section 11574 1011.62, Florida Statutes, is amended to read: 11575 1011.62 Funds for operation of schools.—If the annual 11576 allocation from the Florida Education Finance Program to each 11577 district for operation of schools is not determined in the 11578 annual appropriations act or the substantive bill implementing 11579 the annual appropriations act, it shall be determined as 11580 follows: 11581 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 11582 OPERATION.—The following procedure shall be followed in 11583 determining the annual allocation to each district for 11584 operation: 11585 (d) Annual allocation calculation.— 11586 1. The Department of Education is authorized and directed 11587 to review all district programs and enrollment projections and 11588 calculate a maximum total weighted full-time equivalent student 11589 enrollment for each district for the K-12 FEFP. 11590 2. Maximum enrollments calculated by the department shall 11591 be derived from enrollment estimates used by the Legislature to 11592 calculate the FEFP. If two or more districts enter into an 11593 agreement under the provisions of s. 1001.42(4)(d), after the 11594 final enrollment estimate is agreed upon, the amount of FTE 11595 specified in the agreement, not to exceed the estimate for the 11596 specific program as identified in paragraph (c), may be 11597 transferred from the participating districts to the district 11598 providing the program. 11599 3. As part of its calculation of each district’s maximum 11600 total weighted full-time equivalent student enrollment, the 11601 department shall establish separate enrollment ceilings for each 11602 of two program groups. Group 1 shall be composed of basic 11603 programs for grades K-3, grades 4-8, and grades 9-12. Group 2 11604 shall be composed of students in exceptional student education 11605 programs support levels IV and V, English for Speakers of Other 11606 Languages programs, and all career programs in grades 9-12. 11607 a. For any calculation of the FEFP, the enrollment ceiling 11608 for group 1 shall be calculated by multiplying the actual 11609 enrollment for each program in the program group by its 11610 appropriate program weight. 11611 b. The weighted enrollment ceiling for group 2 programs 11612 shall be calculated by multiplying the enrollment for each 11613 program by the appropriate program weight as provided in the 11614 General Appropriations Act. The weighted enrollment ceiling for 11615 program group 2 shall be the sum of the weighted enrollment 11616 ceilings for each program in the program group, plus the 11617 increase in weighted full-time equivalent student membership 11618 from the prior year for clients of the Department of Children 11619 and FamiliesFamily Servicesand the Department of Juvenile 11620 Justice. 11621 c. If, for any calculation of the FEFP, the weighted 11622 enrollment for program group 2, derived by multiplying actual 11623 enrollments by appropriate program weights, exceeds the 11624 enrollment ceiling for that group, the following procedure shall 11625 be followed to reduce the weighted enrollment for that group to 11626 equal the enrollment ceiling: 11627 (I) The weighted enrollment ceiling for each program in the 11628 program group shall be subtracted from the weighted enrollment 11629 for that program derived from actual enrollments. 11630 (II) If the difference calculated under sub-sub 11631 subparagraph (I) is greater than zero for any program, a 11632 reduction proportion shall be computed for the program by 11633 dividing the absolute value of the difference by the total 11634 amount by which the weighted enrollment for the program group 11635 exceeds the weighted enrollment ceiling for the program group. 11636 (III) The reduction proportion calculated under sub-sub 11637 subparagraph (II) shall be multiplied by the total amount of the 11638 program group’s enrollment over the ceiling as calculated under 11639 sub-sub-subparagraph (I). 11640 (IV) The prorated reduction amount calculated under sub 11641 sub-subparagraph (III) shall be subtracted from the program’s 11642 weighted enrollment to produce a revised program weighted 11643 enrollment. 11644 (V) The prorated reduction amount calculated under sub-sub 11645 subparagraph (III) shall be divided by the appropriate program 11646 weight, and the result shall be added to the revised program 11647 weighted enrollment computed in sub-sub-subparagraph (IV). 11648 Section 380. Subsection (1) of section 1012.32, Florida 11649 Statutes, is amended to read: 11650 1012.32 Qualifications of personnel.— 11651 (1) To be eligible for appointment in any position in any 11652 district school system, a person must be of good moral 11653 character; must have attained the age of 18 years, if he or she 11654 is to be employed in an instructional capacity; must not be 11655 ineligible for such employment under s. 1012.315; and must, when 11656 required by law, hold a certificate or license issued under 11657 rules of the State Board of Education or the Department of 11658 Children and FamiliesFamily Services, except when employed 11659 pursuant to s. 1012.55 or under the emergency provisions of s. 11660 1012.24. Previous residence in this state shall not be required 11661 in any school of the state as a prerequisite for any person 11662 holding a valid Florida certificate or license to serve in an 11663 instructional capacity. 11664 Section 381. Section 1012.62, Florida Statutes, is amended 11665 to read: 11666 1012.62 Transfer of sick leave and annual leave.—In 11667 implementing the provisions of ss. 402.22(1)(d) and 11668 1001.42(4)(m), educational personnel in Department of Children 11669 and FamiliesFamily Servicesresidential care facilities who are 11670 employed by a district school board may request, and the 11671 district school board shall accept, a lump-sum transfer of 11672 accumulated sick leave for such personnel to the maximum allowed 11673 by policies of the district school board, notwithstanding the 11674 provisions of s. 110.122. Educational personnel in Department of 11675 Children and FamiliesFamily Servicesresidential care 11676 facilities who are employed by a district school board under the 11677 provisions of s. 402.22(1)(d) may request, and the district 11678 school board shall accept, a lump-sum transfer of accumulated 11679 annual leave for each person employed by the district school 11680 board in a position in the district eligible to accrue vacation 11681 leave under policies of the district school board. 11682 Section 382. Subsection (12) of section 1012.98, Florida 11683 Statutes, is amended to read: 11684 1012.98 School Community Professional Development Act.— 11685 (12) The department shall require teachers in grades 1-12 11686 to participate in continuing education training provided by the 11687 Department of Children and FamiliesFamily Serviceson 11688 identifying and reporting child abuse and neglect. 11689 Reviser’s note.—Amended to conform references within the Florida 11690 Statutes to the redesignation of the Department of Children 11691 and Family Services as the Department of Children and 11692 Families by s. 2, ch. 2012-84, Laws of Florida. 11693 Section 383. This act shall take effect on the 60th day 11694 after adjournment sine die of the session of the Legislature in 11695 which enacted.