Bill Text: FL S1758 | 2024 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Individuals with Disabilities
Spectrum: Slight Partisan Bill (Republican 28-11-2)
Status: (Passed) 2024-03-22 - Chapter No. 2024-14 [S1758 Detail]
Download: Florida-2024-S1758-Comm_Sub.html
Bill Title: Individuals with Disabilities
Spectrum: Slight Partisan Bill (Republican 28-11-2)
Status: (Passed) 2024-03-22 - Chapter No. 2024-14 [S1758 Detail]
Download: Florida-2024-S1758-Comm_Sub.html
Florida Senate - 2024 CS for CS for SB 1758 By the Committees on Fiscal Policy; and Children, Families, and Elder Affairs; and Senator Brodeur 594-02705-24 20241758c2 1 A bill to be entitled 2 An act relating to individuals with disabilities; 3 amending s. 393.064, F.S.; revising provisions related 4 to programs and services provided by the Agency for 5 Persons with Disabilities; requiring the agency, 6 within available resources, to offer voluntary 7 participation care navigation services to clients and 8 their caregivers at specified times; specifying goals 9 and requirements for such care navigation services; 10 specifying requirements for care plans; requiring the 11 integration of care plans with any individual 12 education plans of clients; specifying requirements 13 for such integration; amending s. 393.065, F.S.; 14 requiring the agency to develop and implement an 15 online application process; specifying requirements 16 for the online application process; defining the term 17 “complete application”; revising timeframes within 18 which the agency must make eligibility determinations 19 for services; lowering the age that a caregiver must 20 be for an individual to be placed in a certain 21 preenrollment category; amending s. 393.0651, F.S.; 22 revising which types of clients are eligible for an 23 individual support plan; clarifying the timeframe 24 within which a family or individual support plan must 25 be developed; requiring waiver support coordinators to 26 inform the client, client’s parent or guardian, or 27 client’s advocate, as appropriate, of certain 28 information when developing or reviewing the family or 29 individual support plan; providing for a type two 30 transfer of the Florida Unique Abilities Partner 31 Program from the Department of Commerce to the Agency 32 for Persons with Disabilities; amending ss. 20.60 and 33 413.801, F.S.; conforming provisions to changes made 34 by the act; providing appropriations; requiring the 35 Agency for Health Care Administration and the Agency 36 for Persons with Disabilities, in consultation with 37 other stakeholders, to jointly develop a comprehensive 38 plan for the administration, finance, and delivery of 39 home and community-based services through a new home 40 and community-based services Medicaid waiver program; 41 providing requirements for the waiver program; 42 authorizing the Agency for Health Care Administration 43 to contract with necessary experts to assist in 44 developing the plan; requiring the Agency for Health 45 Care Administration to submit a specified report to 46 the Governor and the Legislature by a specified date; 47 providing an effective date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1. Section 393.064, Florida Statutes, is amended to 52 read: 53 393.064 Care navigationPrevention.— 54 (1) Within available resources, the agency shall offer to 55 clients and their caregivers care navigation services for 56 voluntary participation at the time of application and as part 57 of any eligibility or renewal review. The goals of care 58 navigation are to create a seamless network of community 59 resources and supports for the client and the client’s family as 60 a whole to support a client in daily living, community 61 integration, and achievement of individual goals. Care 62 navigation services must involve assessing client needs and 63 developing and implementing care plans, including, but not 64 limited to, connecting a client to resources and supports. At a 65 minimum, a care plan must address immediate, intermediate, and 66 long-term needs and goals to promote and increase well-being and 67 opportunities for education, employment, social engagement, 68 community integration, and caregiver support. For a client who 69 is a public school student entitled to a free appropriate public 70 education under the Individuals with Disabilities Education Act, 71 I.D.E.A., as amended, the care plan must be integrated with the 72 student’s individual education plan (IEP). The care plan and IEP 73 must be implemented to maximize the attainment of educational 74 and habilitation goalsgive priority to the development,75planning, and implementation of programs which have the76potential to prevent, correct, cure, or reduce the severity of77developmental disabilities. The agency shall direct an78interagency and interprogram effort for the continued79development of a prevention plan and program. The agency shall80identify, through demonstration projects, through program81evaluation, and through monitoring of programs and projects82conducted outside of the agency, any medical, social, economic,83or educational methods, techniques, or procedures that have the84potential to effectively ameliorate, correct, or cure85developmental disabilities. The agency shall determine the costs86and benefits that would be associated with such prevention87efforts and shall implement, or recommend the implementation of,88those methods, techniques, or procedures which are found likely89to be cost-beneficial. 90 (2)PreventionServices provided by the agency mustshall91 include services to high-risk children from 3 to 5 years of age, 92 and their families, to meet the intent of chapter 411. Except 93 for services for children from birth to age 3 years which are 94 the responsibility of the Division of Children’s Medical 95 Services in the Department of Health or part H of the 96 Individuals with Disabilities Education Act, such services may 97 include: 98 (a) Individual evaluations or assessments necessary to 99 diagnose a developmental disability or high-risk condition and 100 to determine appropriate, individual family and support 101 services. 102 (b) Early intervention services, including developmental 103 training and specialized therapies. 104 (c) Support services, such as respite care, parent 105 education and training, parent-to-parent counseling, homemaker 106 services, and other services which allow families to maintain 107 and provide quality care to children in their homes. 108 (3) Other agencies of state government shall cooperate with 109 and assist the agency, within available resources, in 110 implementing programs which have the potential to prevent, or 111 reduce the severity of, developmental disabilities and shall 112 consider the findings and recommendations of the agency in 113 developing and implementing agency programs and formulating 114 agency budget requests. 115 (4) There is created at the developmental disabilities 116 center in Gainesville a research and education unit. Such unit 117 shall be named the Raymond C. Philips Research and Education 118 Unit. The functions of such unit shall include: 119 (a) Research into the etiology of developmental 120 disabilities. 121 (b) Ensuring that new knowledge is rapidly disseminated 122 throughout the agency. 123 (c) Diagnosis of unusual conditions and syndromes 124 associated with developmental disabilities in clients identified 125 throughout developmental disabilities programs. 126 (d) Evaluation of families of clients with developmental 127 disabilities of genetic origin in order to provide them with 128 genetic counseling aimed at preventing the recurrence of the 129 disorder in other family members. 130 (e) Ensuring that health professionals in the developmental 131 disabilities center at Gainesville have access to information 132 systems that will allow them to remain updated on newer 133 knowledge and maintain their postgraduate education standards. 134 (f) Enhancing staff training for professionals throughout 135 the agency in the areas of genetics and developmental 136 disabilities. 137 Section 2. Subsection (1) and paragraph (d) of subsection 138 (5) of section 393.065, Florida Statutes, are amended to read: 139 393.065 Application and eligibility determination.— 140 (1)(a) The agency shall develop and implement an online 141 application process that, at a minimum, supports paperless, 142 electronic application submissions with immediate e-mail 143 confirmation to each applicant to acknowledge receipt of 144 application upon submission. The online application system must 145 allow an applicant to review the status of a submitted 146 application and respond to provide additional information. 147 (b) The agency shall maintain access to a printable paper 148 application on its website and, upon request, must provide an 149 applicant with a printed paper application. Paper applications 150 mayApplication for services shallbe submittedmadein writing 151 to the agency, in the region in which the applicant resides. 152 (c) The agency mustshallreview each submitted application 153 in accordance with federal time standardsand make an154eligibility determination within 60 days after receipt of the155signed application. If, at the time of the application, an156applicant is requesting enrollment in the home and community157based services Medicaid waiver program for individuals with158developmental disabilities deemed to be in crisis, as described159in paragraph (5)(a), the agency shall complete an eligibility160determination within 45 days after receipt of the signed161application. 162 1.(a)If the agency determines additional documentation is 163 necessary to make an eligibility determination, the agency may 164 request the additional documentation from the applicant. 165 2.(b)When necessary to definitively identify individual 166 conditions or needs, the agency or its designee must provide a 167 comprehensive assessment. 168(c) If the agency requests additional documentation from169the applicant or provides or arranges for a comprehensive170assessment, the agency’s eligibility determination must be171completed within 90 days after receipt of the signed172application.173 (d)1. For purposes of this paragraph, the term “complete 174 application” means an application submitted to the agency which 175 is signed and dated by the applicant or an individual with legal 176 authority to apply for public benefits on behalf of the 177 applicant, is responsive on all parts of the application, and 178 contains documentation of a diagnosis. 179 2. If the applicant requesting enrollment in the home and 180 community-based services Medicaid waiver program for individuals 181 with developmental disabilities is deemed to be in crisis as 182 described in paragraph (5)(a), the agency must make an 183 eligibility determination within 15 calendar days after receipt 184 of a complete application. 185 3. If the applicant meets the criteria specified in 186 paragraph (5)(b), the agency must review and make an eligibility 187 determination as soon as practicable after receipt of a complete 188 application. 189 4. If the application meets any of the criteria specified 190 in paragraphs (5)(c)-(g), the agency must make an eligibility 191 determination within 60 days after receipt of a complete 192 application. 193 (e) Any delays in the eligibility determination process, or 194 any tolling of the time standard until certain information or 195 actions have been completed, must be conveyed to the client as 196 soon as such delays are known through verbal contact with the 197 client or the client’s designated caregiver and confirmed by a 198 written notice of the delay, the anticipated length of delay, 199 and a contact person for the client. 200 (5) Except as provided in subsections (6) and (7), if a 201 client seeking enrollment in the developmental disabilities home 202 and community-based services Medicaid waiver program meets the 203 level of care requirement for an intermediate care facility for 204 individuals with intellectual disabilities pursuant to 42 C.F.R. 205 ss. 435.217(b)(1) and 440.150, the agency must assign the client 206 to an appropriate preenrollment category pursuant to this 207 subsection and must provide priority to clients waiting for 208 waiver services in the following order: 209 (d) Category 4, which includes, but is not required to be 210 limited to, clients whose caregivers are 6070years of age or 211 older and for whom a caregiver is required but no alternate 212 caregiver is available. 213 214 Within preenrollment categories 3, 4, 5, 6, and 7, the agency 215 shall prioritize clients in the order of the date that the 216 client is determined eligible for waiver services. 217 Section 3. Section 393.0651, Florida Statutes, is amended 218 to read: 219 393.0651 Family or individual support plan.—The agency 220 shall provide directly or contract for the development of a 221 family support plan for children ages 3 to 18 years of age and 222 an individual support plan for each client served by the home 223 and community-based services Medicaid waiver program under s. 224 393.0662. The client, if competent, the client’s parent or 225 guardian, or, when appropriate, the client advocate, shall be 226 consulted in the development of the plan and shall receive a 227 copy of the plan. Each plan must include the most appropriate, 228 least restrictive, and most cost-beneficial environment for 229 accomplishment of the objectives for client progress and a 230 specification of all services authorized. The plan must include 231 provisions for the most appropriate level of care for the 232 client. Within the specification of needs and services for each 233 client, when residential care is necessary, the agency shall 234 move toward placement of clients in residential facilities based 235 within the client’s community. The ultimate goal of each plan, 236 whenever possible, shall be to enable the client to live a 237 dignified life in the least restrictive setting, be that in the 238 home or in the community. The family or individual support plan 239 must be developed within 60 calendar days after the agency 240 determines the client eligible pursuant to s. 393.065(3). 241 (1) The agency shall develop and specify by rule the core 242 components of support plans. 243 (2) The family or individual support plan shall be 244 integrated with the individual education plan (IEP) for all 245 clients who are public school students entitled to a free 246 appropriate public education under the Individuals with 247 Disabilities Education Act, I.D.E.A., as amended. The family or 248 individual support plan and IEP must be implemented to maximize 249 the attainment of educational and habilitation goals. 250 (a) If the IEP for a student enrolled in a public school 251 program indicates placement in a public or private residential 252 program is necessary to provide special education and related 253 services to a client, the local education agency must provide 254 for the costs of that service in accordance with the 255 requirements of the Individuals with Disabilities Education Act, 256 I.D.E.A., as amended. This does not preclude local education 257 agencies and the agency from sharing the residential service 258 costs of students who are clients and require residential 259 placement. 260 (b) For clients who are entering or exiting the school 261 system, an interdepartmental staffing team composed of 262 representatives of the agency and the local school system shall 263 develop a written transitional living and training plan with the 264 participation of the client or with the parent or guardian of 265 the client, or the client advocate, as appropriate. 266 (3) Each family or individual support plan shall be 267 facilitated through case management designed solely to advance 268 the individual needs of the client. 269 (4) In the development of the family or individual support 270 plan, a client advocate may be appointed by the support planning 271 team for a client who is a minor or for a client who is not 272 capable of express and informed consent when: 273 (a) The parent or guardian cannot be identified; 274 (b) The whereabouts of the parent or guardian cannot be 275 discovered; or 276 (c) The state is the only legal representative of the 277 client. 278 279 Such appointment may not be construed to extend the powers of 280 the client advocate to include any of those powers delegated by 281 law to a legal guardian. 282 (5) The agency shall place a client in the most appropriate 283 and least restrictive, and cost-beneficial, residential facility 284 according to his or her individual support plan. The client, if 285 competent, the client’s parent or guardian, or, when 286 appropriate, the client advocate, and the administrator of the 287 facility to which placement is proposed shall be consulted in 288 determining the appropriate placement for the client. 289 Considerations for placement shall be made in the following 290 order: 291 (a) Client’s own home or the home of a family member or 292 direct service provider. 293 (b) Foster care facility. 294 (c) Group home facility. 295 (d) Intermediate care facility for the developmentally 296 disabled. 297 (e) Other facilities licensed by the agency which offer 298 special programs for people with developmental disabilities. 299 (f) Developmental disabilities center. 300 (6) In developing a client’s annual family or individual 301 support plan, the individual or family with the assistance of 302 the support planning team shall identify measurable objectives 303 for client progress and shall specify a time period expected for 304 achievement of each objective. 305 (7) The individual, family, and support coordinator shall 306 review progress in achieving the objectives specified in each 307 client’s family or individual support plan, and shall revise the 308 plan annually, following consultation with the client, if 309 competent, or with the parent or guardian of the client, or, 310 when appropriate, the client advocate. The agency or designated 311 contractor shall annually report in writing to the client, if 312 competent, or to the parent or guardian of the client, or to the 313 client advocate, when appropriate, with respect to the client’s 314 habilitative and medical progress. 315 (8) Any client, or any parent of a minor client, or 316 guardian, authorized guardian advocate, or client advocate for a 317 client, who is substantially affected by the client’s initial 318 family or individual support plan, or the annual review thereof, 319 shall have the right to file a notice to challenge the decision 320 pursuant to ss. 120.569 and 120.57. Notice of such right to 321 appeal shall be included in all support plans provided by the 322 agency. 323 (9) When developing or reviewing a client’s family or 324 individual support plan, the waiver support coordinator shall 325 inform the client, the client’s parent or guardian, or, when 326 appropriate, the client advocate about the consumer-directed 327 care program established under s. 409.221. 328 Section 4. Type two transfer from the Department of 329 Commerce.—All powers, duties, functions, records, offices, 330 personnel, associated administrative support positions, 331 property, pending issues, existing contracts, administrative 332 authority, administrative rules, and unexpended balances of 333 appropriations, allocations, and any other funds relating to the 334 Florida Unique Abilities Partner Program are transferred by a 335 type two transfer, as described in s. 20.06(2), Florida 336 Statutes, from the Department of Commerce to the Agency for 337 Persons with Disabilities. 338 Section 5. Paragraph (c) of subsection (10) of section 339 20.60, Florida Statutes, is amended to read: 340 20.60 Department of Commerce; creation; powers and duties.— 341 (10) The department shall, by November 1 of each year, 342 submit an annual report to the Governor, the President of the 343 Senate, and the Speaker of the House of Representatives on the 344 condition of the business climate and economic development in 345 the state. 346 (c) The report must incorporate annual reports of other 347 programs, including: 348 1. A detailed report of the performance of the Black 349 Business Loan Program and a cumulative summary of quarterly 350 report data required under s. 288.714. 351 2. The Rural Economic Development Initiative established 352 under s. 288.0656. 353 3.The Florida Unique Abilities Partner Program.3544.A detailed report of the performance of the Florida 355 Development Finance Corporation and a summary of the 356 corporation’s report required under s. 288.9610. 357 4.5.Information provided by Space Florida under s. 358 331.3051 and an analysis of the activities and accomplishments 359 of Space Florida. 360 Section 6. Section 413.801, Florida Statutes, is amended to 361 read: 362 413.801 Florida Unique Abilities Partner Program.— 363 (1) CREATION AND PURPOSE.—The Agency for Persons with 364 DisabilitiesDepartment of Economic Opportunityshall establish 365 the Florida Unique Abilities Partner Program to designate a 366 business entity as a Florida Unique Abilities Partner if the 367 business entity demonstrates commitment, through employment or 368 support, to the independence of individuals who have a 369 disability. The agencydepartmentshall consult with the 370 Department of CommerceAgency for Persons with Disabilities, the 371 Division of Vocational Rehabilitation of the Department of 372 Education, the Division of Blind Services of the Department of 373 Education, and CareerSource Florida, Inc., in creating the 374 program. 375 (2) DEFINITIONS.—As used in this section, the term: 376 (a) “AgencyDepartment” means the Agency for Persons with 377 DisabilitiesDepartment of Economic Opportunity. 378 (b) “Individuals who have a disability” means persons who 379 have a physical or intellectual impairment that substantially 380 limits one or more major life activities, persons who have a 381 history or record of such an impairment, or persons who are 382 perceived by others as having such an impairment. 383 (3) DESIGNATION.— 384 (a) A business entity may apply to the agencydepartmentto 385 be designated as a Florida Unique Abilities Partner, based on 386 the business entity’s achievements in at least one of the 387 following categories: 388 1. Employment of individuals who have a disability. 389 2. Contributions to local or national disability 390 organizations. 391 3. Contributions to, or the establishment of, a program 392 that contributes to the independence of individuals who have a 393 disability. 394 (b) As an alternative to application by a business entity, 395 the agencydepartmentmust consider nominations from members of 396 the community where the business entity is located. The 397 nomination must identify the business entity’s achievements in 398 at least one of the categories provided in paragraph (a). 399 (c) The name, location, and contact information of the 400 business entity must be included in the business entity’s 401 application or nomination. 402 (d) The agencydepartmentshall adopt procedures for the 403 application, nomination, and designation processes for the 404 Florida Unique Abilities Partner Program. Designation as a 405 Florida Unique Abilities Partner does not establish or involve 406 licensure, does not affect the substantial interests of a party, 407 and does not constitute a final agency action. The Florida 408 Unique Abilities Partner Program and designation are not subject 409 to chapter 120. 410 (4) ELIGIBILITY AND AWARD.—In determining the eligibility 411 for the designation of a business entity as a Florida Unique 412 Abilities Partner, the agencydepartmentshall consider, at a 413 minimum, the following criteria: 414 (a) For a designation based on an application by a business 415 entity, the business entity must certify that: 416 1. It employs at least one individual who has a disability. 417 Such employees must be residents of this state and must have 418 been employed by the business entity for at least 9 months 419 before the business entity’s application for the designation. 420 The agencydepartmentmay not require the employer to provide 421 personally identifiable information about its employees; 422 2. It has made contributions to local and national 423 disability organizations or contributions in support of 424 individuals who have a disability. Contributions may be 425 accomplished through financial or in-kind contributions, 426 including employee volunteer hours. Contributions must be 427 documented by providing copies of written receipts or letters of 428 acknowledgment from recipients or donees. A business entity with 429 100 or fewer employees must make a financial or in-kind 430 contribution of at least $1,000, and a business entity with more 431 than 100 employees must make a financial or in-kind contribution 432 of at least $5,000; or 433 3. It has established, or has contributed to the 434 establishment of, a program that contributes to the independence 435 of individuals who have a disability. Contributions must be 436 documented by providing copies of written receipts, a summary of 437 the program, program materials, or letters of acknowledgment 438 from program participants or volunteers. A business entity with 439 100 or fewer employees must make a financial or in-kind 440 contribution of at least $1,000 in the program, and a business 441 entity with more than 100 employees must make a financial or in 442 kind contribution of at least $5,000. 443 444 A business entity that applies to the agencydepartmentto be 445 designated as a Florida Unique Abilities Partner shall be 446 awarded the designation upon meeting the requirements of this 447 section. 448 (b) For a designation based upon receipt of a nomination of 449 a business entity: 450 1. The agencydepartmentshall determine whether the 451 nominee, based on the information provided by the nominating 452 person or entity, meets the requirements of paragraph (a). The 453 agencydepartmentmay request additional information from the 454 nominee. 455 2. If the nominee meets the requirements, the agency 456departmentshall provide notice, including the qualification 457 criteria provided in the nomination, to the nominee regarding 458 the nominee’s eligibility to be awarded a designation as a 459 Florida Unique Abilities Partner. 460 3. The nominee shall be provided 30 days after receipt of 461 the notice to certify that the information in the notice is true 462 and accurate and accept the nomination, to provide corrected 463 information for consideration by the agencydepartmentand 464 indicate an intention to accept the nomination, or to decline 465 the nomination. If the nominee accepts the nomination, the 466 agencydepartmentshall award the designation. The agency 467departmentmay not award the designation if the nominee declines 468 the nomination or has not accepted the nomination within 30 days 469 after receiving notice. 470 (5) ANNUAL CERTIFICATION.—After an initial designation as a 471 Florida Unique Abilities Partner, a business entity must certify 472 each year that it continues to meet the criteria for the 473 designation. If the business entity does not submit the yearly 474 certification of continued eligibility, the agencydepartment475 shall remove the designation. The business entity may elect to 476 discontinue its designation status at any time by notifying the 477 agencydepartmentof such decision. 478 (6) LOGO DEVELOPMENT.— 479 (a) The agencydepartment, in consultation with members of 480 the disability community, shall develop a logo that identifies a 481 business entity that is designated as a Florida Unique Abilities 482 Partner. 483 (b) The agencydepartmentshall adopt guidelines and 484 requirements for the use of the logo, including how the logo may 485 be used in advertising. The agencydepartmentmay allow a 486 business entity to display a Florida Unique Abilities Partner 487 logo upon designation. A business entity that has not been 488 designated as a Florida Unique Abilities Partner or has elected 489 to discontinue its designated status may not display the logo. 490 (7) WEBSITE.—The agencydepartmentshall maintain a website 491 for the program. At a minimum, the website must provide a list 492 of business entities, by county, which currently have the 493 Florida Unique Abilities Partner designation, updated quarterly; 494 information regarding the eligibility requirements for the 495 designation and the method of application or nomination; and 496 best practices for business entities to facilitate the inclusion 497 of individuals who have a disability, updated annually. The 498 website may provide links to the websites of organizations or 499 other resources that will aid business entities to employ or 500 support individuals who have a disability. 501 (8) INTERAGENCY COLLABORATION.— 502 (a) The Department of CommerceAgency for Persons with503Disabilitiesshall provide a link on its website to the agency’s 504department’swebsite for the Florida Unique Abilities Partner 505 Program. 506 (b) On a quarterly basis, the agencydepartmentshall 507 provide the Florida Tourism Industry Marketing Corporation with 508 a current list of all businesses that are designated as Florida 509 Unique Abilities Partners. The Florida Tourism Industry 510 Marketing Corporation must consider the Florida Unique Abilities 511 Partner Program in the development of marketing campaigns, and 512 specifically in any targeted marketing campaign for individuals 513 who have a disability or their families. 514 (c) The agencydepartmentand CareerSource Florida, Inc., 515 shall identify employment opportunities posted by business 516 entities that currently have the Florida Unique Abilities 517 Partner designation in the workforce information system under s. 518 445.011. 519 (9) REPORT.— 520(a)By January 1, 2025, and annually thereafter2017, the 521 agencydepartmentshall provide a report on the progress and use 522 of the program to the President of the Senate and the Speaker of 523 the House of Representativeson the status of the implementation524of this section, including the adoption of rules, development of525the logo, and development of application procedures. 526(b) Beginning in 2017 and each year thereafter, the527department’s annual report required under s. 20.60 must describe528in detail the progress and use of the program.At a minimum, the 529 report must include, for the most recent year, all of the 530 following: 531 (a) The number of applications and nominations received.;532 (b) The number of nominations accepted and declined.;533 (c) The number of designations awarded.;534 (d) Annual certifications.;535 (e) The use of information provided under subsection (8).;536and537 (f) Any other information the agency deemsdeemednecessary 538 to evaluate the program. 539 (10) RULES.—The agencydepartmentshall adopt rules to 540 administer this section. 541 Section 7. For the 2024-2025 fiscal year, the sums of 542 $16,562,703 in recurring funds from the General Revenue Fund and 543 $22,289,520 in recurring funds from the Operations and 544 Maintenance Trust Fund are appropriated in the Home and 545 Community Based Services Waiver category to the Agency for 546 Persons with Disabilities to offer waiver services to the 547 greatest number of individuals permissible under the 548 appropriation from preenrollment categories 3, 4, and 5, 549 including individuals whose caregiver is age 60 or older in 550 category 4, as provided in s. 393.065, Florida Statutes, as 551 amended by this act. 552 Section 8. The Agency for Health Care Administration and 553 the Agency for Persons with Disabilities, in consultation with 554 other stakeholders, shall jointly develop a comprehensive plan 555 for the administration, finance, and delivery of home and 556 community-based services through a new home and community-based 557 services Medicaid waiver program. The waiver program shall be 558 for clients transitioning into adulthood and shall be designed 559 to prevent future crisis enrollment into the waiver program 560 authorized under s. 393.0662, Florida Statutes. The Agency for 561 Health Care Administration is authorized to contract with 562 necessary experts to assist in developing the plan. The Agency 563 for Health Care Administration must submit a report to the 564 Governor, the President of the Senate, and the Speaker of the 565 House of Representatives by December 1, 2024, addressing, at a 566 minimum, all of the following: 567 (1) The purpose, rationale, and expected benefits of the 568 new waiver program. 569 (2) The proposed eligibility criteria for clients and 570 service packages to be offered through the new waiver program. 571 (3) A proposed implementation plan and timeline, including 572 recommendations for the number of clients to be served by the 573 new waiver program at initial implementation, changes over time, 574 and any per-client benefit caps. 575 (4) Proposals for how clients will transition onto and off 576 of the new waiver, including, but not limited to, transitions 577 between this new waiver and the waiver established under s. 578 393.0662, Florida Statutes. 579 (5) The fiscal impact for the implementation year and 580 projections for the subsequent 5 years, determined on an 581 actuarially sound basis. 582 (6) An analysis of the availability of services that would 583 be offered under the new waiver program and recommendations to 584 increase availability of such services, if necessary. 585 (7) A list of all stakeholders, public and private, who 586 were consulted or contacted as part of developing the plan for 587 the new waiver program. 588 Section 9. This act shall take effect July 1, 2024.