H 565

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1
2An act relating to the Agency for Persons with
3Disabilities; amending s. 393.063, F.S.; revising the
4definition of the term "developmental disability";
5defining the term "Tatton-Brown-Rahman syndrome";
6amending s. 393.0655, F.S.; requiring level 2
7employment screening for all employees of residential
8facilities and adult day training programs; requiring
9the agency to contract with a state university to
10develop and administer certain surveys; providing
11requirements for such surveys; requiring the state
12university to submit a certain report to the agency by
13a specified date; requiring the agency to conduct
14public hearings on specified information; conduct or
15contract for a gap analysis for specified purposes;
16identify core competencies and performance metrics and
17make recommendations for standardizing assessments;
18and submit a certain report to the Governor and the
19Legislature by a specified date; providing effective
20dates.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24Section 1.  Subsections (46) and (47) of section 393.063,
25Florida Statutes, are renumbered as subsections (47) and (48),
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26    respectively, subsection (11) is amended, and a new subsection
27    (46) is added to that section, to read:
28393.063        Definitions.—For the purposes of this chapter, the
29    term:
30(11)        "Developmental disability" means a disorder or
31    syndrome that is attributable to intellectual disability,
32    cerebral palsy, autism, spina bifida, Down syndrome, Phelan-
33    McDermid syndrome, or Prader-Willi syndrome, or Tatton-Brown-
34    Rahman syndrome; that manifests before the age of 18; and that
35    constitutes a substantial handicap that can reasonably be
36    expected to continue indefinitely.
37(46)        "Tatton-Brown-Rahman syndrome" means a disorder
38    caused by a mutation in the DNMT3A gene typified by mild to
39    severe intellectual disability, macrocephaly, stature and weight
40    that is greater than or equal to two or more standard deviations
41    above the mean for the person's age and sex, and any of the
42    following features presenting in infancy, childhood, or
43    adolescence:
44(a)     Mild facial dysmorphism.
45(b)     Joint hypermobility.
46(c)     Hypotonia.
47(d)     Kyphoscoliosis.
48(e)     Seizures.
49(f)     Cryptorchidism.
50(g)     Deficits in behavior.
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51(h)     Hematologic malignancies.
52Section 2.  Subsection (1) of section 393.0655, Florida
53    Statutes, is amended to read:
54393.0655  Screening of direct service providers.—
55(1)     MINIMUM STANDARDS.—The agency shall require level 2
56    employment screening pursuant to chapter 435 for direct service
57    providers who are unrelated to their clients, including support
58    coordinators, and all employees managers and supervisors of
59    residential facilities or adult day training programs licensed
60    under this chapter and any other persons, including volunteers,
61    who provide care or services, who have access to a client's
62    living areas, or who have access to a client's funds or personal
63    property. Background screening must include employment history
64    checks as provided in s. 435.03(1) and local criminal records
65    checks through local law enforcement agencies.
66(a)     A volunteer who assists on an intermittent basis for
67    less than 10 hours per month does not have to be screened if a
68    person who meets the screening requirement of this section is
69    always present and has the volunteer within his or her line of
70    sight.
71(b)     Licensed physicians, nurses, or other professionals
72    licensed and regulated by the Department of Health are not
73    subject to background screening pursuant to this section if they
74    are providing a service that is within their scope of licensed
75    practice.
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76(c)      A person selected by the family or the individual with
77     developmental disabilities and paid by the family or the
78     individual to provide supports or services is not required to
79     have a background screening under this section.
80(d)      Persons 12 years of age or older, including family
81     members, residing with a direct services provider who provides
82     services to clients in his or her own place of residence are
83     subject to background screening; however, such persons who are
84     12 to 18 years of age shall be screened for delinquency records
85     only.
86Section 3.  (1)(a) For purposes of enhancing the quality,
87     capacity, and consistency of waiver support coordination
88     services, the Agency for Persons with Disabilities shall
89     contract with a state university to develop and administer
90     surveys regarding waiver support coordination services. The
91     university shall administer surveys to owners and operators of
92     all qualified organizations in this state; support coordinators
93     currently employed by a qualified organization; and iBudget
94     clients and their parents, caregivers, or legal guardians.
951.      The surveys must, at a minimum, solicit data and input
96     regarding:
97a.      The quality, consistency, and accessibility of services
98     provided by support coordinators.
99b.      Attributes and behaviors that define high-quality
100    support coordination.
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101c.      Best practices and areas for improvement.
102d.      Quantitative and qualitative metrics suitable for
103    assessing support coordinator performance.
104e.      Any other factors deemed pertinent by the university or
105    the agency to improve service delivery.
1062.      Surveys of qualified organizations must also
107    specifically address:
108a.      Professional and educational prerequisites established
109    by the organization for employment as a support coordinator.
110b.      Methods used to assess core competencies.
111c.      The efficacy of the mentoring program required under s.
112    393.0663(2)(b), Florida Statutes.
113d.      Operational and systemic challenges with recruitment
114    and retention of qualified support coordinators.
1153.      Surveys of individual waiver support coordinators must
116    also specifically address:
117a.      Individual caseload ratios, capacity, and geographic
118    service areas.
119b.      The efficacy of the mentoring program required under s.
120    393.0663(2)(b), Florida Statutes.
121c.      Operational and systemic challenges to delivery of
122    effective support coordination.
1234.      Surveys of iBudget clients and their parents,
124    caregivers, or legal guardians must also specifically address
125    satisfaction with support coordination services.
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126(b)     By October 1, 2026, the state university must submit a
127    final report to the agency, including a compilation and analysis
128    of the survey results.
129(2)     The agency shall solicit input on enhancing support
130    coordinator quality, capacity and consistency from the whole
131    community of waiver program stakeholders, and shall conduct at
132    least one publicly noticed hearing for this purpose in each
133    service region.
134(3)     The agency shall conduct or contract for a gap
135    analysis to assess the geographic distribution and caseload
136    capacity of waiver support coordinators across this state.
137(4)     Using the information gathered under this section, the
138    agency shall identify specific core competencies for waiver
139    support coordinators, identify specific performance metrics to
140    assess those core competencies, and make recommendations on how
141    to standardize their assessment. By February 15, 2027, the
142    agency shall submit a report to the Governor, the President of
143    the Senate, and the Speaker of the House of Representatives on
144    its findings and recommendations, and include the full report
145    submitted by the state university under subsection (1).
146(5)     This section shall take effect upon becoming a law.
147Section 4.  Except as otherwise expressly provided in this
148    act, and except for this section, which shall take effect upon
149    this act becoming a law, this act shall take effect July 1,
150    2026.
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