APD's > Legislative > Digest

Volume II Issue 4 - March 28, 2008

• Tuesday, April 1, 2008
  • House Appropriation Deadline:
    All amendments to General
    Appropriations bill & related
    implementing and conforming
    bills must be filed
  • 3:30 p.m. – 5 p.m.
    Senate Children, Families, &
    Elder Affairs
  • 3:30 p.m. – 5 p.m.
    Senate Health Policy

• Wednesday, April 2, 2008
  • Autism Awareness Day
    Historic Front Steps
  • 8:30 a.m. – 12 p.m.
  • Senate Health & Human Services Appropriations
  • 2:30 p.m. – 5:30 p.m.
    Senate Session

• Thursday, April 3, 2007
  • 1 p.m. – 4:30 p.m.
    Senate Session

Senate Children, Families and Elder Affairs

The Senate Children, Families and Elder Affairs Committee met on Wednesday, March 26, and took up Senate Bills 1950 and 1954 by Senator Nan Rich (D-Sunrise) which make clarifying changes to Chapters 393 and 916, Florida Statutes, as they related to persons with developmental disabilities. Senator Rich sponsored these bills at the request of the Agency for Persons with Disabilities.

SB 1950 amends the definitions of "autism" and "retardation" to the pre-2006 legislative session language. The bill adds language to clarify that the definition of "retardation" for purposes of ch. 916, F.S., requires that the disability manifest prior to age 18 and be reasonably expected to continue indefinitely. There has been confusion in the courts as to whether the onset had to occur prior to the age of 18 as a result of the changes made to the statutes in a 2006 rewrite. The bill also amends s. 916.301, F.S., clarifying that the court must appoint at least two experts to evaluate competency when a criminal defendant is suspected to have mental retardation or autism. The bill takes effect July 1, 2008.

SB 1954 amends ss. 393.064 and 393.0651, F.S., changing the term "developmental disabilities institutions" to "developmental disabilities centers." The agency cites the negative connotation of the term "institution" projected on an individual who is receiving services from an institution, as the purpose of this change. Currently, two of APD’s three developmental disability institutions are called “centers” i.e., Sunland Center, Marianna, and Gulf Coast Center, Fort Myers.

The bill amends the definition of the term "retardation" in s. 393.063, F.S., to specify that the condition must manifest before the age of 18 and be expected to continue indefinitely. This change is being made to ensure consistency with definition of the term "developmental disability."

The bill amends s. 393.0655, F.S., to provide that a direct service provider who has undergone any part of the employment screening within one year is not required to repeat the screening unless he or she has been unemployed for more than 90 consecutive days. The bill provides that the direct service provider is responsible for providing documentation of the screening and must undergo any remaining screening requirements that have never been conducted or have not been conducted within one year. Currently, Section 402.3057, F.S., provides a similar provision to human resource personnel who have been fingerprinted or screened pursuant to ch. 393, F.S. This change will offer additional safeguards for people hired to provide services to persons with developmental disabilities by requiring an individual who has not been employed for more than 90 days or screened within a year to be re-screened.

The bill amends s. 393.0673, F.S., to give APD the specific authority to deny, revoke, or suspend a license or impose an administrative fine, if an applicant or licensee has been verified by the Department of Children and Families (DCF) as a caregiver responsible for the abuse, neglect, or abandonment of a child; or the abuse, neglect or exploitation of a vulnerable adult; or previously had a license to operate a residential facility revoked by APD, DCF, or the Agency for Health Care Administration. The bill amends s. 393.506, F.S., to provide that, in addition to other tasks identified in law, an unlicensed staff member, properly trained and validated, may administer enteral prescription medications to a client. This authority existed prior to the 2006 rewrite of Chapter 393, F.S., and the amendment is technical in nature. The bill takes effect July 1, 2008. The bills passed unanimously. Many thanks to Senator Rich and the members of the Senate Children, Families and Elder Affairs Committee for their support of these bills and Floridians with developmental disabilities.

Senate Judiciary Committee

Senate Bill 688, by Senator Victor Crist (R-Tampa), amends sections 393.12, and 393.13, Florida Statutes, relating to guardian advocacy. The bill passed through its second Senate committee (Judiciary) March 25, 2008. Senator Crist made several last minute amendments. Most of the amendments were similar to those made to House Bill 739 that passed out of the House Healthy Families Committee on March 4.

The amendments that were proposed and passed March 25 that differ from the House amendments include:

• a court having jurisdiction in a dependency proceeding may appoint a guardian advocate for a child who has been adjudicated dependent;
• a person petitioning for guardian advocacy need not be represented by an attorney unless required by the court; the court may revoke an advance directive or power of attorney signed by the person with a disability prior to the guardian advocacy proceedings; and
• within the "restoration of rights" section, "evidentiary support such as a signed statement from a medical, psychological or psychiatric practitioner who has evaluated the person with a developmental disability" must be presented and support the restoration.

The Agency for Persons with Disabilities will continue to work with Senator Crist, the Advocacy Center for Persons with Disabilities, Inc., the Florida Bar, the Florida Developmental Disabilities Council, and the House sponsor, Rep. Kevin Ambler (R-Tampa) to effect improvements in the current laws. The bill sponsors are committed to refining the bill as it moves through the legislative process.

The House Healthy Families Committee

The Committee met on March 25, 2008, and considered HB 1475. The bill, sponsored by Representative Carlos Lopez-Cantera (R-Dade County), would require community residential homes serving residents who are referred by a criminal justice agency, as defined in s. 943.045(10), Florida Statutes, to provide 24-hour security at the residence. While an exact cost is not known, it is projected the fiscal impact will be significant. It is unclear who will be responsible for the added costs. The bill was reported favorably with one dissenting vote. The bill has one more stop before going to the full House for a vote.

Senate Committee on Commerce

The Committee met on March 25, 2008, and considered SB 994. The bill, sponsored by Senator Mike Fasano (R-Pasco County), requires employers to allow an employee to request and take up to three working days of leave, if the employee or a member of the employee’s family or household has been the victim of domestic violence or sexual violence. The leave can be requested to seek an injunction for protection, to obtain medical care, victim services, legal assistance, or safe housing. The bill was reported favorably.

The House Schools and Learning Committee

The Committee met on March 25, 2008, and considered HB 1313. The bill, sponsored by Representative Steve Precourt (R- Orange County), replaces several terms used throughout the Florida K-20 Education Code used to describe various disabilities. For example, the term "mental retardation" is replaced with the term "intellectual disability."

The bill also requires that students with disabilities have an equal opportunity to be selected for enrollment in a charter school. Eligibility requirements for the John M. McKay Scholarships for Students with Disabilities Program are also revised. The bill was reported favorably. The bill has been to all committees and was read the first time on the Floor during the House session on March 27, 2008.

Senate Committee on Criminal Justice

The Committee met on March 25, 2008, and considered SB 924. The bill, sponsored by Senator Ted Deutch (D-Palm Beach), revises the definition of correctional officer to include institutional security personnel employed in forensic facilities. This would mean APD security personnel at MRDP would be defined as correctional officers. The bill was reported favorably. The bill has been considered by committees and read for the first time on the Senate Floor.

Senate Committee on Education Pre K-12

The Committee met on March 26, 2008, and considered SB 318. The bill, sponsored by Senator Lee Constantine (R-Orange County), specifies when an Exceptional Student receives educational services in a district other than his or her assigned district, the cost of providing ESE services would be paid by the school district where the student’s parent resides. In the case of a student who no longer resides with the parent, the school district where the student last resided with the parent must pay for the ESE services. The bill also requires the school district where the student last resided with the parent to pay for ESE services for a student who resides in a residential care facility that is located in a school district other than the student’s assigned district and operated by the Department of Children and Families or the Agency for Persons with Disabilities. The bill was temporarily postponed until April 1, 2008

Senate Committee on Governmental Operations

The Committee met on March 27, 2008, and considered SB 108. The bill, sponsored by the Senate Committee on Military Affairs and Domestic Security, provides special consideration for contracting with veterans with disabilities. The bill establishes a statewide goal that each state agency or political subdivision of the state award no less than three percent of overall dollars that the state entity spends on contracts for construction, professional services, materials, supplies, equipment, alterations, repairs, or improvements be awarded to disabled-veteran-business enterprises. The bill was reported favorably.

The committee also considered SB 692, sponsored by Senator Dennis Jones (R-Pinellas County), which would require each organization, association, business, or institution operating in the state that receives state funds to collect aluminum beverage cans and recyclable plastic and glass from its place of business for the purpose of recycling. The bill was reported favorably.

Senate Committee on Health and Human Services Appropriations

The Committee met on March 27, 2008, and considered SB 2216. The bill, sponsored by Senator Ronda Storms (R-Tampa), is intended to enhance the safety of vulnerable adults. The bill would authorize the Department of Children and Families to access records of the Department of Highway Safety and Motor Vehicles when conducting protective investigations. The bill also provides added protection for individuals residing in nursing homes and assisted living facilities by:

• Requiring that they search the Florida Department of Law Enforcement sexual offender database for information on residents and prospective residents
• Expanding who must have a criminal background screening, and expanding the types of crimes that are classified as disqualifying offenses for employment purposes in long-term care facilities.
• Modifying provisions related to unannounced visits of facilities by the Agency for Health Care Administration, and
• Requiring specified adult abuse reports to be immediately transferred to the county sheriff.

Senator Storms sponsored an amendment to the bill for APD that reinforces APD&s ability verify that potential employees of developmental disabilities institutions do not have confirmed reports of abuse, neglect, or exploitation during the background screening process. After much discussion, the bill was reported favorably.

Budget Information

The proposed Senate budget for FY 2008-09 is $1.05 billion and the proposed House budget is $1.13 billion. There is a difference of approximately $80 million. The primary difference is the amount of an across-the-board reduction in both budgets and the House picking up $54 million to replace nonrecurring funding from FY 2007-08.

Like all other HHS departments, the Agency was primarily concerned about reductions. While the proposed reductions will be painful, both the House and Senate have been fair to the Agency, given the severe budget constraints. The most controversial reductions will probably be the 3% provider rate reduction in the House totaling $23 million and the 5.5% reduction in the Senate totaling $43 million. There is concern about the impact this may have on service availability and quality, particularly at the Senate level.

The proposed House budget replaces $54 million of nonrecurring funds provided for FY 2007-08 to help the agency avoid a deficit in case of challenge to certain cost savings measures contained in SB 1124 that are expected to take effect next fiscal year. Perhaps the most controversial budget decisions will not be reflected on any spreadsheets. Rather, they are whether to allow a four tiered waiver system to take effect July 1, 2008, as contemplated in SB 1124 which passed last session. The tiers are projected to have a $120 million impact. Without these savings, the Agency will face a massive deficit in its Home and Community Based Services waiver. Providers and advocates are attempting to soften the impact of the tiers. We expect legal challenges if their efforts to lobby the Legislature are unsuccessful. This is the primary impetus behind the House's $54 million nonrecurring replacement and language in the House conforming bill to cap expenditures at the previous year's level.

If the Legislature adopts any of the proposed changes to the tiers, APD will have to point out the fiscal impact which could be considerable. One of the proposals is to increase spending limits and would cost $50 million. Other proposals would also have multi-million-dollar impacts. Although money is tight, we had hoped that we could get one chamber or the other to fund the rewrite of our antiquated IT system since we have trust funds available. The House has indicated a willingness to continue to work with us on the issue.