Florida HB 565: Excess Credit Hour Surcharges

Bill Text

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An act relating to the Agency for Persons with 2
Disabilities; amending s. 393.063, F.S.; revising the 3
definition of the term "developmental disability"; 4
defining the term "Tatton-Brown-Rahman syndrome"; 5
amending s. 393.0655, F.S.; requiring level 2 6
employment screening for all employees of residential 7
facilities and adult day training programs; requiring 8
the agency to contract with a state university to 9
develop and administer certain surveys; providing 10
requirements for such surveys; requiring the state 11
university to submit a certain report to the agency by 12
a specified date; requiring the agency to conduct 13
public hearings on specified information; conduct or 14
contract for a gap analysis for specified purposes; 15
identify core competencies and performance metrics and 16
make recommendations for standardizing assessments; 17
and submit a certain report to the Governor and the 18
Legislature by a specified date; providing effective 19
dates. 20
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Be It Enacted by the Legislature of the State of Florida: 22
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Section 1. Subsections (46) and (47) of section 393.063, 24
Florida Statutes, are renumbered as subsections (47) and (48), 25

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respectively, subsection (11) is amended, and a new subsection 26
(46) is added to that section, to read: 27
393.063 Definitions.—For the purposes of this chapter, the 28
term: 29
(11) "Developmental disability" means a disorder or 30
syndrome that is attributable to intellectual disability, 31
cerebral palsy, autism, spina bifida, Down syndrome, Phelan-32
McDermid syndrome, or Prader-Willi syndrome, or Tatton-Brown-33
Rahman syndrome; that manifests before the age of 18; and that 34
constitutes a substantial handicap that can reasonably be 35
expected to continue indefinitely. 36
(46) "Tatton-Brown-Rahman syndrome" means a disorder 37
caused by a mutation in the DNMT3A gene typified by mild to 38
severe intellectual disability, macrocephaly, stature and weight 39
that is greater than or equal to two or more standard deviations 40
above the mean for the person's age and sex, and any of the 41
following features presenting in infancy, childhood, or 42
adolescence: 43
(a) Mild facial dysmorphism. 44
(b) Joint hypermobility. 45
(c) Hypotonia. 46
(d) Kyphoscoliosis. 47
(e) Seizures. 48
(f) Cryptorchidism. 49
(g) Deficits in behavior. 50

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(h) Hematologic malignancies. 51
Section 2. Subsection (1) of section 393.0655, Florida 52
Statutes, is amended to read: 53
393.0655 Screening of direct service providers.— 54
(1) MINIMUM STANDARDS.—The agency shall require level 2 55
employment screening pursuant to chapter 435 for direct service 56
providers who are unrelated to their clients, including support 57
coordinators, and all employees managers and supervisors of 58
residential facilities or adult day training programs licensed 59
under this chapter and any other persons, including volunteers, 60
who provide care or services, who have access to a client's 61
living areas, or who have access to a client's funds or personal 62
property. Background screening must include employment history 63
checks as provided in s. 435.03(1) and local criminal records 64
checks through local law enforcement agencies. 65
(a) A volunteer who assists on an intermittent basis for 66
less than 10 hours per month does not have to be screened if a 67
person who meets the screening requirement of this section is 68
always present and has the volunteer within his or her line of 69
sight. 70
(b) Licensed physicians, nurses, or other professionals 71
licensed and regulated by the Department of Health are not 72
subject to background screening pursuant to this section if they 73
are providing a service that is within their scope of licensed 74
practice. 75

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(c) A person selected by the family or the individual with 76
developmental disabilities and paid by the family or the 77
individual to provide supports or services is not required to 78
have a background screening under this section. 79
(d) Persons 12 years of age or older, including family 80
members, residing with a direct services provider who provides 81
services to clients in his or her own place of residence are 82
subject to background screening; however, such perso