Bill Text: FL S1524 | 2019 | Regular Session | Introduced
Bill Title: Agency for Persons with Disabilities
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Children, Families, and Elder Affairs [S1524 Detail]
Download: Florida-2019-S1524-Introduced.html
Florida Senate - 2019 SB 1524 By Senator Wright 14-01557A-19 20191524__ 1 A bill to be entitled 2 An act relating to the Agency for Persons with 3 Disabilities; amending s. 393.063, F.S.; deleting the 4 definition of the term “comprehensive transitional 5 education program”; amending s. 393.065, F.S.; 6 extending the timeframe for the Agency for Persons 7 with Disabilities to review an application for 8 services when additional information is requested; 9 amending s. 393.0651, F.S.; revising the timeframes 10 for the agency or its contractor to develop family 11 support plans and individual support plans; amending 12 s. 393.0655, F.S.; conforming a provision to changes 13 made by the act; amending s. 393.0661, F.S.; deleting 14 requirements related to a comprehensive redesign of 15 the home and community-based services delivery system; 16 deleting provisions requiring the Agency for Health 17 Care Administration, in consultation with the Agency 18 for Persons with Disabilities to seek federal approval 19 and implement a four-tiered waiver system to serve 20 eligible clients through the developmental 21 disabilities and family and supported living waivers; 22 requiring the Agency for Persons with Disabilities to 23 seek federal waivers and amend contracts as necessary 24 to make specified changes to services; revising 25 requirements related to supported living services, 26 limited support coordination services, personal 27 support services, residential habilitation services, 28 and in-home support services; deleting provisions 29 related to the home and community-based services 30 waiver or the family and supported living waiver; 31 deleting a provision authorizing the agency to collect 32 premiums or cost-sharing; conforming provisions to 33 changes made by the act; amending ss. 393.067, 34 393.0678, and 393.135, F.S.; conforming provisions to 35 changes made by the act; making technical changes; 36 repealing s. 393.18, F.S., relating to the 37 comprehensive transitional education program; amending 38 ss. 383.141, 394.875, and 1002.385, F.S.; conforming 39 cross-references; providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Subsection (10) of section 393.063, Florida 44 Statutes, is amended to read: 45 393.063 Definitions.—For the purposes of this chapter, the 46 term: 47(10) “Comprehensive transitional education program” means48the program established in s. 393.18.49 Section 2. Subsection (1) of section 393.065, Florida 50 Statutes, is amended to read: 51 393.065 Application and eligibility determination.— 52 (1) Application for services mustshallbe made in writing 53 to the agency, in the service area in which the applicant 54 resides. For children under 6 years of age, the agency shall 55 review each applicant for eligibility within 45 days after the 56 date the application is signed. For all other applicants, the 57 agency shall conduct such reviewsfor children under 6 years of58age andwithin 60 days after the date the application is signed. 59 If the agency requests additional information, the review must 60 be conducted within 90 days after receipt of the signed 61 applicationfor all other applicants. When necessary to 62 definitively identify individual conditions or needs, the agency 63 shall provide a comprehensive assessment. Only applicants whose 64 domicile is in Florida are eligible for services. Information 65 accumulated by other agencies, including professional reports 66 and collateral data, mustshallbe considered in this process 67 when available. 68 Section 3. Section 393.0651, Florida Statutes, is amended 69 to read: 70 393.0651 Family or individual support plan.—The agency 71 shall provide directly or contract for the development of a 72 family support plan for children ages 3 to 18 years of age and 73 an individual support plan for each client. The client, if 74 competent, the client’s parent or guardian, or, when 75 appropriate, the client advocate, mustshallbe consulted in the 76 development of the plan and mustshallreceive a copy of the 77 plan. Each plan must include the most appropriate, least 78 restrictive, and most cost-beneficial environment for 79 accomplishment of the objectives for client progress and must 80 specifya specification of all servicesauthorized services. The 81 plan must include provisions for the most appropriate level of 82 care for the client. Within the specifiedspecification ofneeds 83 and services for each client,when residential care is84necessary,the agency shall move toward placement of clients who 85 need residential care in residential facilities inbased within86 the client’s community. The ultimate goal of each plan, whenever 87 possible, mustshallbe to enable the client to live a dignified 88 life in the least restrictive setting, be that in the home or in 89 the community.For children under 6 years of age,The family 90 support planshall be developed within the 45-dayapplication91period as specified in s. 393.065(1); for all applicants 6 years92of age or older,the familyor the individual support plan must 93shallbe developed within 60 days after the client is determined 94 eligible for agency servicesthe 60-day period as specified in95that subsection. 96 (1) The agency shall develop and specify by rule the core 97 components of support plans. 98 (2) The family or individual support plan mustshallbe 99 integrated with the individual education plan (IEP) for all 100 clients who are public school students entitled to a free 101 appropriate public education under the Individuals with 102 Disabilities Education Act, I.D.E.A., as amended. The family or 103 individual support plan and IEP mustshallbe implemented to 104 maximize the attainment of educational and habilitation goals. 105 (a) If the IEP for a student enrolled in a public school 106 program indicates that placement in a public or private 107 residential program is necessary to provide special education 108 and related services to a client, the local education agency 109 shall provide for the costs of that service in accordance with 110 the requirements of the Individuals with Disabilities Education 111 Act, I.D.E.A., as amended; however,.this doesshallnot 112 preclude local education agencies and the agency from sharing 113 the residential service costs of students who are clients who 114andrequire residential placement. 115 (b) For clients who are entering or exiting the school 116 system, an interdepartmental staffing team composed of 117 representatives of the agency and the local school system shall 118 develop a written transitional living and training plan with the 119 participation of the client or with the parent or guardian of 120 the client, or the client advocate, as appropriate. 121 (3) Each family or individual support plan mustshallbe 122 facilitated through case management designed solely to advance 123 the individual needs of the client. 124 (4) In the development of the family or individual support 125 plan, a client advocate may be appointed by the support planning 126 team for a client who is a minor or for a client who is not 127 capable of express and informed consent when: 128 (a) The parent or guardian cannot be identified; 129 (b) The whereabouts of the parent or guardian cannot be 130 discovered; or 131 (c) The state is the only legal representative of the 132 client. 133 134 Such appointment mayshallnot be construed to extend the powers 135 of the client advocate to include any of those powers delegated 136 by law to a legal guardian. 137 (5) The agency shall place a client in the most 138 appropriate,andleast restrictive, and most cost-beneficial,139 residential facility according to his or her individual support 140 plan. The client, if competent, the client’s parent or guardian, 141 or, when appropriate, the client advocate, and the administrator 142 of the facility to which placement is proposed mustshallbe 143 consulted in determining the appropriate placement for the 144 client. Considerations for placement mustshallbe made in the 145 following order: 146 (a) Client’s own home or the home of a family member or 147 direct service provider. 148 (b) Foster care facility. 149 (c) Group home facility. 150 (d) Intermediate care facility for the developmentally 151 disabled. 152 (e) Other facilities licensed by the agency which offer 153 special programs for people with developmental disabilities. 154 (f) Developmental disabilities center. 155 (6) In developing a client’s annual family or individual 156 support plan, the individual or family with the assistance of 157 the support planning team shall identify measurable objectives 158 for client progress and shall specify a time period expected for 159 achievement of each objective. 160 (7) The individual, family, and support coordinator shall 161 review progress in achieving the objectives specified in each 162 client’s family or individual support plan, and shall revise the 163 plan annually, following consultation with the client, if 164 competent, or with the parent or guardian of the client, or, 165 when appropriate, the client advocate. The agency or designated 166 contractor shall annually report in writing to the client, if 167 competent, or to the parent or guardian of the client, or to the 168 client advocate, when appropriate, with respect to the client’s 169 habilitative and medical progress. 170 (8) Any client, or any parent of a minor client, or 171 guardian, authorized guardian advocate, or client advocate for a 172 client, who is substantially affected by the client’s initial 173 family or individual support plan, or the annual review thereof, 174 hasshall havethe right to file a notice to challenge the 175 decision pursuant to ss. 120.569 and 120.57. Notice of such 176 right to appeal mustshallbe included in all support plans 177 provided by the agency. 178 Section 4. Subsection (1) of section 393.0655, Florida 179 Statutes, is amended to read: 180 393.0655 Screening of direct service providers.— 181 (1) MINIMUM STANDARDS.—The agency shall require level 2 182 employment screening pursuant to chapter 435 for direct service 183 providers who are unrelated to their clients, including support 184 coordinators, and managers and supervisors of residential 185 facilitiesor comprehensive transitional education programs186 licensed under this chapter and any other person, including 187 volunteers, who provide care or services, who have access to a 188 client’s living areas, or who have access to a client’s funds or 189 personal property. Background screening mustshallinclude 190 employment history checks as provided in s. 435.03(1) and local 191 criminal records checks through local law enforcement agencies. 192 (a) A volunteer who assists on an intermittent basis for 193 less than 10 hours per month does not have to be screened if a 194 person who meets the screening requirement of this section is 195 always present and has the volunteer within his or her line of 196 sight. 197 (b) Licensed physicians, nurses, or other professionals 198 licensed and regulated by the Department of Health are not 199 subject to background screening pursuant to this section if they 200 are providing a service that is within their scope of licensed 201 practice. 202 (c) A person selected by the family or the individual with 203 developmental disabilities and paid by the family or the 204 individual to provide supports or services is not required to 205 have a background screening under this section. 206 (d) Persons 12 years of age or older, including family 207 members, residing with a direct services provider who provides 208 services to clients in his or her own place of residence are 209 subject to background screening; however, such persons who are 210 12 to 18 years of age mustshallbe screened only for 211 delinquency recordsonly. 212 Section 5. Section 393.0661, Florida Statutes, is amended 213 to read: 214 393.0661 Home and community-based services delivery system;215comprehensive redesign.—The Legislature finds that the home and 216 community-based services delivery system for persons with 217 developmental disabilities and the availability of appropriated 218 funds are two of the critical elements in making services 219 available. Therefore, it is the intent of the Legislature that 220 the Agency for Persons with Disabilities shall develop,and221 implement, and maintain acomprehensive redesign of thesystem 222 that includes, at a minimum, all of the following components:.223 (1) Theredesign of thehome and community-based services 224 system shall include, at a minimum, all actions necessary to 225 achieve an appropriate rate structure, client choice within a 226 specified service package, appropriate assessment strategies, an 227 efficient billing process that contains reconciliation and 228 monitoring components, and aredefinedrole for support 229 coordinators that avoids potential conflicts of interest and 230 ensures that family/client budgets are linked to levels of need. 231 (a) The agency shall use an assessment instrument that the 232 agency deems to be reliable and valid, including, but not 233 limited to, theDepartment of Children and Families’ Individual234Cost Guidelines or theagency’s Questionnaire for Situational 235 Information. The agency may contract with an external vendor or 236 may use support coordinators to complete client assessments if 237 it develops sufficient safeguards and training to ensure ongoing 238 inter-rater reliability. 239 (b) The agency, with the concurrence of the Agency for 240 Health Care Administration, may contract for the determination 241 of medical necessity and establishment of individual budgets. 242 (2) A provider of services rendered to persons with 243 developmental disabilities pursuant to a federally approved 244 waiver mustshallbe reimbursed according to a rate methodology 245 based upon an analysis of the expenditure history and 246 prospective costs of providers participating in the waiver 247 program, or under any other methodology developed by the Agency 248 for Health Care Administration, in consultation with the Agency 249 for Persons with Disabilities, and approved by the Federal 250 Government in accordance with the waiver. 251(3) The Agency for Health Care Administration, in252consultation with the agency, shall seek federal approval and253implement a four-tiered waiver system to serve eligible clients254through the developmental disabilities and family and supported255living waivers. For the purpose of this waiver program, eligible256clients shall include individuals with a diagnosis of Down257syndrome or a developmental disability as defined in s. 393.063.258The agency shall assign all clients receiving services through259the developmental disabilities waiver to a tier based on the260Department of Children and Families’ Individual Cost Guidelines,261the agency’s Questionnaire for Situational Information, or262another such assessment instrument deemed to be valid and263reliable by the agency; client characteristics, including, but264not limited to, age; and other appropriate assessment methods.265(a) Tier one is limited to clients who have service needs266that cannot be met in tier two, three, or four for intensive267medical or adaptive needs and that are essential for avoiding268institutionalization, or who possess behavioral problems that269are exceptional in intensity, duration, or frequency and present270a substantial risk of harm to themselves or others. Total annual271expenditures under tier one may not exceed $150,000 per client272each year, provided that expenditures for clients in tier one273with a documented medical necessity requiring intensive274behavioral residential habilitation services, intensive275behavioral residential habilitation services with medical needs,276or special medical home care, as provided in the Developmental277Disabilities Waiver Services Coverage and Limitations Handbook,278are not subject to the $150,000 limit on annual expenditures.279(b) Tier two is limited to clients whose service needs280include a licensed residential facility and who are authorized281to receive a moderate level of support for standard residential282habilitation services or a minimal level of support for behavior283focus residential habilitation services, or clients in supported284living who receive more than 6 hours a day of in-home support285services. Total annual expenditures under tier two may not286exceed $53,625 per client each year.287(c) Tier three includes, but is not limited to, clients288requiring residential placements, clients in independent or289supported living situations, and clients who live in their290family home. Total annual expenditures under tier three may not291exceed $34,125 per client each year.292(d) Tier four includes individuals who were enrolled in the293family and supported living waiver on July 1, 2007, who shall be294assigned to this tier without the assessments required by this295section. Tier four also includes, but is not limited to, clients296in independent or supported living situations and clients who297live in their family home. Total annual expenditures under tier298four may not exceed $14,422 per client each year.299(e) The Agency for Health Care Administration shall also300seek federal approval to provide a consumer-directed option for301persons with developmental disabilities which corresponds to the302funding levels in each of the waiver tiers. The agency shall303implement the four-tiered waiver system beginning with tiers304one, three, and four and followed by tier two. The agency and305the Agency for Health Care Administration may adopt rules306necessary to administer this subsection.307 (3)(f)The agency shall seek federal waivers and amend 308 contracts as necessary to make changes to services defined in 309 federal waiver programs administered by the agency as follows: 310 (a)1.Supported living coaching services may not exceed a 311 maximum number of 20 hours per monthfor persons who also312receive in-home support services.3132. Limited support coordination services are the only type314of support coordination service that may be provided to persons315under the age of 18 who live in the family home. 316 (b)3.Personal supportcare assistanceservices are limited 317 to a maximum number of180hours per calendar month, as 318 determined by agency ruleand may not include rate modifiers. 319 Additional hours may be authorized for persons who have 320 intensive physical, medical, behavioral, or adaptive needs if 321 such hours are essential for avoiding institutionalization. The 322 agency may adopt rules, criteria, and processes for allocating 323 additional hours. 324 (c)4.Residential habilitation services are limited to a 325 rate level based on other services and functional, physical, and 326 behavioral characteristics of the agency’s clients, as 327 established by the Agency for Health Care Administration8 hours328per day. Additional hours may be authorized for persons who have329intensive medical or adaptive needs and if such hours are330essential for avoiding institutionalization, or for persons who331possess behavioral problems that are exceptional in intensity,332duration, or frequency and present a substantial risk of harming333themselves or others. This restriction shall be in effect until334the four-tiered waiver system is fully implemented. 335 (d)5.Chore services, nonresidential support services, and 336 homemaker services are eliminated.The agency shall expand the337definition of in-home support services to allow the service338provider to include activities previously provided in these339eliminated services.340 (e)6.Massage therapy, medication review, and psychological 341 assessment services are eliminated. 342 (f)7.The agency shall conductsupplementalcost plan 343 reviews to verify the medical necessity of authorized services 344 for plansthat have increased by more than 8 percent during345either of the 2 preceding fiscal years. 346 (g)8.The agency shall maintainimplementa consolidated 347 cost-effective, and uniform residential habilitation rate 348 structureto increase savings to the state through a more cost349effective payment method and establish uniform ratesfor 350 intensive behavioral residential habilitation services. 3519. Pending federal approval, the agency may extend current352support plans for clients receiving services under Medicaid353waivers for 1 year beginning July 1, 2007, or from the date354approved, whichever is later. Clients who have a substantial355change in circumstances which threatens their health and safety356may be reassessed during this year in order to determine the357necessity for a change in their support plan.358 (h)10.The agency shall maintaindevelopa plan to 359 eliminate redundancies and duplications between in-home support 360 services, companion services, personal care services, and 361 supported living coaching by limiting or consolidating such 362 services. 36311. The agency shall develop a plan to reduce the intensity364and frequency of supported employment services to clients in365stable employment situations who have a documented history of at366least 3 years’ employment with the same company or in the same367industry.368 (4) The geographic differential for Miami-Dade, Broward, 369 and Palm Beach Counties for residential habilitation services is 370shall be7.5 percent. 371 (5) The geographic differential for Monroe County for 372 residential habilitation services isshall be20 percent. 373(6) Effective January 1, 2010, and except as otherwise374provided in this section, a client served by the home and375community-based services waiver or the family and supported376living waiver funded through the agency shall have his or her377cost plan adjusted to reflect the amount of expenditures for the378previous state fiscal year plus 5 percent if such amount is less379than the client’s existing cost plan. The agency shall use380actual paid claims for services provided during the previous381fiscal year that are submitted by October 31 to calculate the382revised cost plan amount. If the client was not served for the383entire previous state fiscal year or there was any single change384in the cost plan amount of more than 5 percent during the385previous state fiscal year, the agency shall set the cost plan386amount at an estimated annualized expenditure amount plus 5387percent. The agency shall estimate the annualized expenditure388amount by calculating the average of monthly expenditures,389beginning in the fourth month after the client enrolled,390interrupted services are resumed, or the cost plan was changed391by more than 5 percent and ending on August 31, 2009, and392multiplying the average by 12. In order to determine whether a393client was not served for the entire year, the agency shall394include any interruption of a waiver-funded service or services395lasting at least 18 days. If at least 3 months of actual396expenditure data are not available to estimate annualized397expenditures, the agency may not rebase a cost plan pursuant to398this subsection. The agency may not rebase the cost plan of any399client who experiences a significant change in recipient400condition or circumstance which results in a change of more than4015 percent to his or her cost plan between July 1 and the date402that a rebased cost plan would take effect pursuant to this403subsection.404(7) The agency shall collect premiums or cost sharing405pursuant to s. 409.906(13)(c).406 (6)(8)This section or related rule does not preventor407limitthe Agency for Health Care Administration, in consultation 408 with the Agency for Persons with Disabilities, from, or limit 409 the agency in,consultation with the Agency for Persons with410Disabilities, fromadjusting fees, reimbursement rates, lengths 411 of stay, number of visits, or number of services, or from 412 limiting enrollment, or making any other adjustment necessary to 413 comply with the availability of moneys and any limitations or 414 directions provided in the General Appropriations Act. 415 (7)(9)The Agency for Persons with Disabilities shall 416 submit quarterly status reports to the Executive Office of the 417 Governor, the chair of the SenateWays and MeansCommittee on 418 Appropriations or its successor, and the chair of the House 419 Appropriations CommitteeFiscal Councilor its successor 420 regarding the financial status of home and community-based 421 services, including the number of enrolled individuals who are 422 receiving services through one or more programs; the number of 423 individuals who have requested services who are not enrolled but 424 who are receiving services through one or more programs, with a 425 description indicating the programs from which the individual is 426 receiving services; the number of individuals who have refused 427 an offer of services but who choose to remain on the list of 428 individuals waiting for services; the number of individuals who 429 have requested services, but who are not receivingnoservices; 430 a frequency distribution indicating the length of time 431 individuals have been waiting for services; and information 432 concerning the actual and projected costs compared to the amount 433 appropriated by the Legislatureof the appropriation available434 to the program and any projected surpluses or deficits. If at 435 any time an analysis by the agency, in consultation with the 436 Agency for Health Care Administration, indicates that the cost 437 of services is expected to exceed the amount appropriated, the 438 agency shall submit a corrective action plan in accordance with 439 subsection (6)subsection (8)to the Executive Office of the 440 Governor, the chair of the SenateWays and MeansCommittee on 441 Appropriations or its successor, and the chair of the House 442 Appropriations CommitteeFiscal Councilor its successor to 443 remain within the amount appropriated. The agency shall work 444 with the Agency for Health Care Administration to implement the 445 plan so as to remain within the appropriation. 446 (8)(10)Implementation of Medicaid waiver programs and 447 services authorized under this chapter is limited by the funds 448 appropriated for the individual budgets pursuant to s. 393.0662 449and the four-tiered waiver system pursuant to subsection (3). 450 Contracts with independent support coordinators and service 451 providers must include provisions requiring compliance with 452 agency cost containment initiatives. The agency shall implement 453 monitoring and accounting procedures necessary to track actual 454 expenditures and project future spending compared to available 455 appropriations for Medicaid waiver programs. When necessary 456 based on projected deficits, the agency shallmustestablish 457 specific corrective action plans that incorporate corrective 458 actions taken byofcontracted providers whichthatare 459 sufficient to align program expenditures with annual 460 appropriations.If deficits continue during the 2012-2013 fiscal461year, the agency in conjunction with the Agency for Health Care462Administration shall develop a plan to redesign the waiver463program and submit the plan to the President of the Senate and464the Speaker of the House of Representatives by September 30,4652013.At a minimum, the plansplanmust include the following 466 elements: 467 (a) Budget predictability.—Agency budget recommendations 468 must include specific steps to restrict spendingto budgeted469amounts based on alternatives to the iBudget and four-tiered470Medicaid waiver models. 471 (b) Services.—The agency shall identifycoreservices that 472 are essential to provide for client health and safety and 473 recommend elimination of coverage for other services that are 474 not affordable based on available resources. 475 (c) Flexibility.—The plan mustredesignshallbe responsive 476 to individual needs and, to the extent possible, encourage 477 client control over allocated resources for their needs. 478 (d) Support coordination services.—The plan must identify 479 possible modifications toshallmodifythe manner of providing 480 support coordination services to improve management of service 481 utilization and increase accountability and responsiveness to 482 agency priorities. 483(e)Reporting.—The agency shall provide monthly reports to484the President of the Senate and the Speaker of the House of485Representatives on plan progress and development on July 31,4862013, and August 31, 2013.487(f)Implementation.—The implementation of a redesigned488program is subject to legislative approval and shall occur no489later than July 1, 2014. The Agency for Health Care490Administration shall seek federal waivers as needed to implement491the redesigned plan approved by the Legislature.492 Section 6. Subsections (1), (4), (8), and (9) of section 493 393.067, Florida Statutes, are amended to read: 494 393.067 Facility licensure.— 495 (1) The agency shall provide through its licensing 496 authority and by rule license application procedures, provider 497 qualifications, facility and client care standards, requirements 498 for client records, requirements for staff qualifications and 499 training, and requirements for monitoring foster care 500 facilities, group home facilities, and residential habilitation 501 centers, and comprehensive transitional education programsthat 502 serve agency clients. 503 (4) The application mustshallbe under oath and mustshall504 contain the following: 505 (a) If the applicant is an individual, the name and address 506 of the applicant, if an applicant is an individual; if the 507 applicant is a firm, partnership, or association, the name and 508 address of each member thereof; if the applicant is a 509 corporation, its name and address and the name and address of 510 each director and each officer thereof; and, for any applicant, 511 the name by which the facility or program is to be known. 512 (b) The location of the facility or program for which a 513 license is sought. 514 (c) The name of the person or persons under whose 515 management or supervision the facility will be operated or the 516 program will be conducted. 517 (d) The number and type of residents or clients for which 518 the facility or program will provide maintenance, care, 519 education, or treatmentis to be provided by the facility or520program. 521(e) The number and location of the component centers or522units which will compose the comprehensive transitional523education program.524 (e)(f)A description of the types of services and treatment 525 to be provided by the facility or program. 526 (f)(g)Information relating to the number, experience, and 527 training of the employees of the facility or program. 528 (g)(h)Certification that the staff of the facility or 529 program will receive training to detect, report, and prevent 530 sexual abuse, abuse, neglect, exploitation, and abandonment, as 531 defined in ss. 39.01 and 415.102, of residents and clients. 532 (h)(i)SuchOther information as the agency determines is 533 necessary to carry out the provisions of this chapter. 534 (8) The agency, after consultation with the Division of 535 Emergency Management, shall adopt rules for foster care 536 facilities, group home facilities, and residential habilitation 537 centers which establish minimum standards for the preparation 538 and annual update of a comprehensive emergency management plan. 539 At a minimum, the rules must provide for plan components that 540 address emergency evacuation transportation; adequate sheltering 541 arrangements; postdisaster activities, including emergency 542 power, food, and water; postdisaster transportation; supplies; 543 staffing; emergency equipment; individual identification of 544 residents and transfer of records; and responding to family 545 inquiries. The comprehensive emergency management plan forall546comprehensive transitional education programs and forhomes 547 serving individuals who have complex medical conditions is 548 subject to review and approval by the local emergency management 549 agency. During its review, the local emergency management agency 550 shall ensure that the agency and the Division of Emergency 551 Management, at a minimum, are given the opportunity to review 552 the plan.Also,Appropriate volunteer organizations also must be 553 given the opportunity to review the plan. The local emergency 554 management agency shall complete its review within 60 days and 555 either approve the plan or advise the facility of necessary 556 revisions. 557 (9) The agency may conduct unannounced inspections to 558 determine compliance by foster care facilities, group home 559 facilities, and residential habilitation centers, and560comprehensive transitional education programswith the 561 applicable provisions of this chapter and the rules adopted 562 hereunderpursuant hereto, includingtherules adopted for 563 training staff of a facility or a program to detect, report, and 564 prevent sexual abuse, abuse, neglect, exploitation, and 565 abandonment, as defined in ss. 39.01 and 415.102, of residents 566 and clients. The facility or program shall make copies of 567 inspection reports available to the public upon request. 568 Section 7. Subsection (1) of section 393.0678, Florida 569 Statutes, is amended to read: 570 393.0678 Receivership proceedings.— 571 (1) The agency may petition a court of competent 572 jurisdiction for the appointment of a receiver for a 573comprehensive transitional education program, aresidential 574 habilitation center,or a group home facility owned and operated 575 by a corporation or partnership when any of the following 576 conditions exist: 577 (a) Any person is operating a facility without a license 578 and refuses to make application for a license as required by s. 579 393.067. 580 (b) The licensee is closing the facility or has informed 581 the department that it intends to close the facility,;and 582 adequate arrangements have not been made for relocation of the 583 residents within 7 days, exclusive of weekends and holidays, 584 afterofthe closing of the facility. 585 (c) The agency determines that conditions exist in the 586 facility which present an imminent danger to the health, safety, 587 or welfare of the residents of the facility or which present a 588 substantial probability that death or serious physical harm 589 would result therefrom. Whenever possible, the agency shall 590 facilitate the continued operation of the program. 591 (d) The licensee cannot meet its financial obligations to 592 provide food, shelter, care, and utilities. Evidence such as the 593 issuance of bad checks or the accumulation of delinquent bills 594 for such items as personnel salaries, food, drugs, or utilities 595 constitutes prima facie evidence that the ownership of the 596 facility lacks the financial ability to operate the home in 597 accordance with the requirements of this chapter andallrules 598 promulgated thereunder. 599 Section 8. Subsection (2) of section 393.135, Florida 600 Statutes, is amended to read: 601 393.135 Sexual misconduct prohibited; reporting required; 602 penalties.— 603 (2) A covered person who engages in sexual misconduct with 604 an individual with a developmental disability who: 605 (a) Resides in a residential facility, including any 606comprehensive transitional education program,developmental 607 disabilities center, foster care facility, group home facility, 608 intermediate care facility for the developmentally disabled, or 609 residential habilitation center; or 610 (b) Is eligible to receive services from the agency under 611 this chapter, 612 613 commits a felony of the second degree, punishable as provided in 614 s. 775.082, s. 775.083, or s. 775.084. A covered person may be 615 found guilty of violating this subsection without having 616 committed the crime of sexual battery. 617 Section 9. Section 393.18, Florida Statutes, is repealed. 618 Section 10. Paragraph (b) of subsection (1) of section 619 383.141, Florida Statutes, is amended to read: 620 383.141 Prenatally diagnosed conditions; patient to be 621 provided information; definitions; information clearinghouse; 622 advisory council.— 623 (1) As used in this section, the term: 624 (b) “Developmental disability” has the same meaning as in 625 s. 393.063includes Down syndrome and other developmental626disabilities defined by s. 393.063(12). 627 Section 11. Paragraph (c) of subsection (3) of section 628 394.875, Florida Statutes, is amended to read: 629 394.875 Crisis stabilization units, residential treatment 630 facilities, and residential treatment centers for children and 631 adolescents; authorized services; license required.— 632 (3) The following are exempt from licensure as required in 633 ss. 394.455-394.903: 634(c) Comprehensive transitional education programs licensed635under s. 393.067.636 Section 12. Paragraph (d) of subsection (2) of section 637 1002.385, Florida Statutes, is amended to read: 638 1002.385 The Gardiner Scholarship.— 639 (2) DEFINITIONS.—As used in this section, the term: 640 (d) “Disability” means, for a 3- or 4-year-old child or for 641 a student in kindergarten to grade 12, having autism spectrum 642 disorder, as defined in the Diagnostic and Statistical Manual of 643 Mental Disorders, Fifth Edition, published by the American 644 Psychiatric Association; having cerebral palsy,as defined in s.645393.063(6);Down syndrome,as defined in s. 393.063(15);an 646 intellectual disability,as defined in s. 393.063(24);Phelan 647 McDermid syndrome,as defined in s. 393.063(28);Prader-Willi 648 syndrome, oras defined in s. 393.063(29);spina bifida,oras649defined in s. 393.063(40);being a high-risk child, as those 650 terms are defined in s. 393.063s. 393.063(23)(a); or having 651 muscular dystrophy; Williams syndrome; rare diseases thatwhich652 affect patient populations of fewer than 200,000 individuals in 653 the United States, as defined by the National Organization for 654 Rare Disorders; anaphylaxis; deafnessdeaf; visual impairment 655visually impaired; or traumatic brain injury or being 656 hospitalizedinjured; hospitalor homebound;or identification 657 as dual sensory impaired, as that term is defined by rules of 658 the State Board of Education and evidenced by reports from local 659 school districts. The term “hospital or homebound” includes a 660 student who has a medically diagnosed physical or psychiatric 661 condition or illness, as defined bythestate boardinrule, and 662 who is confined to the home or hospital for more than 6 months. 663 Section 13. This act shall take effect July 1, 2019.