Florida 2020 Regular Session Status: Enacted

SB 82 — Individuals with Disabilities

Last action — Chapter No. 2020-71

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2020. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Individuals with Disabilities; Requiring persons and entities under contract with the Agency for Persons with Disabilities to use the agency data management systems to bill for services; revising criteria used by the agency to develop a client’s iBudget; requiring the Agency for Health Care Administration to seek federal approval to provide consumer-directed options; providing an exemption from a certificate-of-need requirement for certain intermediate care facilities, etc.

Bill Text

What changed in the latest version

530 added · 540 removed

530 line(s) added, 540 removed.

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CS for SB 82 First Engrossed 202082e1 A bill to be entitled An act relating to individuals with disabilities;
Florida Senate - 2020 CS for SB 82 By the Committee on Appropriations;
and Senator Bean 576-04295-20 202082c1 A bill to be entitled An act relating to individuals with disabilities;
limiting the number of such exemptions the Agency for Health Care Administration may grant;
prohibiting the Agency for Health Care Administration from granting an additional exemption to a facility unless a certain condition is met;
72 Be It Enacted by the Legislature of the State of Florida:
73 Be It Enacted by the Legislature of the State of Florida:
74 Section 1. Present subsections (39) through (45) of section 393.063, Florida Statutes, are redesignated as subsections (40) through (46), respectively, a new subsection (39) is added to that section, and present subsection (41) of that section is amended, to read:
75 Section 1. Present subsections (39) through (45) of section 393.063, Florida Statutes, are redesignated as subsections (40) through (46), respectively, a new subsection (39) is added to that section, and present subsection (41) of that section is amended, to read:
238 The agency shall reserve portions of the appropriation for the home and community-based services Medicaid waiver program for adjustments required pursuant to this paragraph and may use the services of an independent actuary in determining the amount to be reserved.
239 The agency shall reserve portions of the appropriation for the home and community-based services Medicaid waiver program for adjustments required pursuant to this paragraph and may use the services of an independent actuary in determining the amount to be reserved.
408.036(3)(o) must also demonstrate and maintain compliance with the following criteria:
408.036(3)(o) must also demonstrate and maintain compliance with the following requirements:
(b) A minimum of 16 beds within the facility must be designated for individuals with severe maladaptive behaviors who have been assessed using the Agency for Persons with Disabilities’ Global Behavioral Service Need Matrix with a score of at least Level 4 and up to Level 6, or assessed using the criteria deemed appropriate by the Agency for Health Care Administration regarding the need for a specialized placement in an intermediate care facility for the developmentally disabled.
(b) A minimum of 16 beds within the facility must be designated for individuals with severe maladaptive behaviors who have been assessed using the Agency for Persons with Disabilities’ Global Behavioral Service Need Matrix with a score of at least Level 3 and up to Level 6, or assessed using the criteria deemed appropriate by the Agency for Health Care Administration regarding the need for a specialized placement in an intermediate care facility for the developmentally disabled.
(c) The applicant has not had a facility license denied, revoked, or suspended within the 36 months preceding the request for exemption.
(c) The applicant may not have had a facility license denied, revoked, or suspended within the 36 months preceding the request for exemption.
(d) The applicant must have at least 10 years of experience serving individuals with severe maladaptive behaviors in the state.
(d) The applicant must have had at least 10 years of experience serving individuals with severe maladaptive behaviors in this state.
(e) The applicant must implement a state-approved staff training curriculum and monitoring requirements specific to the individuals whose behaviors require higher intensity, frequency, and duration of services.
(e) The applicant must have implemented a state-approved staff training curriculum and monitoring requirements specific to the individuals whose behaviors require higher intensity, frequency, and duration of services.
The applicant must not have had a license denied, revoked, or suspended within the 36 months preceding the request for exemption and must have at least 10 years of experience serving individuals with severe maladaptive behaviors in this state.
The facility must not have had a license denied, revoked, or suspended within the 36 months preceding the request for exemption and must have at least 10 years of experience serving individuals with severe maladaptive behaviors in this state.
The agency may grant no more than three exemptions under this paragraph.
The agency may not grant an additional exemption to a facility that has been granted an exemption under this paragraph unless the facility has been licensed and operational for a period of at least 2 years.
1. An exemption under this paragraph does not require a specific legislative appropriation.
The exemption under this paragraph does not require a specific legislative appropriation.
2. An exemption under this paragraph terminates 18 months after the date of issuance unless the exemption holder has commenced construction.
The agency shall monitor the progress of the holder of the certificate of exemption in meeting the timetable for project development specified in the application for exemption.
The agency shall extend the timeframe for a project if the exemption holder demonstrates to the satisfaction of the agency that good-faith commencement of the project is being delayed by litigation or by governmental action or inaction with respect to regulations or permitting precluding commencement of the project.
3. This paragraph and subsection (6) of s.
400.962 are repealed July 1, 2022, unless reviewed and saved from repeal by the Legislature.
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Action History

  1. Chapter No. 2020-71

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. CS passed; YEAS 78 NAYS 37

  6. Read 3rd time

  7. Placed on 3rd reading

  8. Read 2nd time

  9. Placed on Special Order Calendar, 03/10/20

  10. Received

  11. Referred to Calendar

  12. In Messages

  13. CS passed as amended; YEAS 37 NAYS 2

  14. Amendment(s) adopted (697470)

  15. Read 3rd time

  16. Placed on 3rd reading

  17. Ordered engrossed

  18. Amendment(s) adopted (401842)

  19. Read 2nd time -SJ 490, 504

  20. Placed on Special Order Calendar, 03/06/20

  21. Placed on Calendar, on 2nd reading

  22. CS by Appropriations read 1st time

  23. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  24. CS by- Appropriations; YEAS 20 NAYS 0

  25. On Committee agenda-- Appropriations, 02/27/20, 9:00 am, 412 Knott Building

  26. On Committee agenda-- Appropriations, 02/06/20, 9:00 am, 412 Knott Building --Meeting cancelled

  27. On Committee agenda-- Appropriations, 02/05/20, 1:00 pm, 412 Knott Building --Temporarily Postponed

  28. Now in Appropriations

  29. Subcommittee Recommendation: CS by Appropriations Subcommittee on Health and Human Services; YEAS 9 NAYS 1

  30. On Committee agenda-- Appropriations Subcommittee on Health and Human Services, 01/28/20, 11:00 am, 412 Knott Building

  31. Now in Appropriations Subcommittee on Health and Human Services

  32. Favorable by Children, Families, and Elder Affairs; YEAS 5 NAYS 2

  33. Introduced

  34. On Committee agenda-- Children, Families, and Elder Affairs, 01/15/20, 10:30 am, 301 Senate Building

  35. Referred to Children, Families, and Elder Affairs; Appropriations Subcommittee on Health and Human Services; Appropriations

  36. Filed

Sponsors

  • Bean · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on · 12 voted No

Sponsors (1)

  • Bean

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 78 Yea · 37 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 512604
Republican 25200
Democrat 2901
Total 783705
% of votes cast 65%31%0%4%
How each member voted (120)
Member Party Vote
Alexander — Nay
Goff-Marcil — Nay
Aloupis — Yea
Good — Nay
Polo — Nay
Altman — Yea
Ponder — Yea
Grant, J. — Yea
Pritchett — Nay
Ausley — Nay
Grant, M. — Yea
Raschein — Yea
Renner — Yea
Bell — Yea
Grieco — Nay
Roach — Yea
Beltran — Yea
Hage — Yea
Robinson — Yea
Hart — Nay
Rodrigues, R. — Yea
Brown — Nay
Hattersley — Nay
Hill — Yea
Rommel — Yea
Bush — Nay
Ingoglia — Yea
Roth — Yea
Byrd — Yea
Sabatini — Yea
Caruso — Yea
Jacquet — Yea
Santiago — Yea
Casello — Nay
Jenne — Nay
Clemons — Yea
Silvers — Yea
Cortes — Nay
Cummings — Yea
Killebrew — Yea
Slosberg — Nay
Latvala — Yea
Sprowls — Yea
Diamond — Nay
Magar — Yea
Stevenson — Yea
Donalds — Yea
Stone — Yea
Drake — Yea
Mariano — Yea
Sullivan — Yea
DuBose — Nay
Toledo — Yea
Tomkow — Yea
Duran — Yea
McGhee — Nay
Eagle — Yea
Valdes — Nay
Newton — Yea
Watson, B. — Nay
Fernandez — Nay
Oliva — Yea
Fernandez-Barquin — Yea
Webb — Nay
Fetterhoff — Yea
Willhite — Yea
Fine — Yea
Payne — Yea
Williams — Nay
Fischer — Yea
Williamson — Yea
Fitzenhagen — Yea
Pigman — Yea
Geller — Nay
Zika — Nay
Jacobs — Not Voting
Mercado — Not Voting
Watson, C. — Not Voting
Omphroy — Not Voting
La Rosa — Yea
Thompson, Geraldine F. "Geri" — Nay
Antone, Bruce Hadley Democrat Nay
Daley, Dan Democrat Yea
Daniels, Kimberly Democrat Nay
Davis, Tracie Democrat Nay
Driskell, Fentrice Democrat Not Voting
Eskamani, Dr. Anna V. Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Jones, Shevrin D. "Shev" Democrat Nay
Joseph, Dotie Democrat Nay
Polsky, Tina Scott Democrat Nay
Smith, Carlos Guillermo Democrat Nay
Andrade, Robert Alexander "Alex" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Grall, Erin Republican Yea
Johnson, Chad Republican Nay
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rodriguez, Ana Maria Republican Yea
Rodriguez, Ana Maria Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Stark, Paula A. Republican Nay
Trumbull, Jay Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Third Reading

Passed 37 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 9000
Unaffiliated 25201
Democrat 2000
No Party Affiliation 1000
Total 37201
% of votes cast 93%5%0%3%
How each member voted (40)
Member Party Vote
Flores — Yea
Rader — Nay
Baxley — Yea
Gainer — Yea
Bean — Yea
Gibson — Yea
Benacquisto — Yea
Simmons — Yea
Simpson — Yea
Book — Yea
Stargel — Yea
Hutson — Yea
Stewart — Yea
Lee — Yea
Taddeo — Yea
Brandes — Yea
Thurston — Yea
Braynon — Yea
Montford — Yea
Torres — Nay
Broxson — Yea
Cruz — Yea
Perry — Yea
Galvano — Yea
Diaz — Yea
Farmer — Yea
Powell — Yea
Bracy — Not Voting
Berman, Lori Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Bradley, Jennifer Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 17000
Republican 2001
Democrat 1000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Bean — Yea
Benacquisto — Yea
Book — Yea
Brandes — Yea
Braynon — Yea
Flores — Yea
Gainer — Yea
Gibson — Yea
Hutson — Yea
Lee — Yea
Montford — Yea
Powell — Yea
Simmons — Yea
Stargel — Yea
Stewart — Yea
Thurston — Yea
Simpson — Yea
Rouson, Darryl Ervin Democrat Yea
Bradley, Jennifer Republican Yea
Mayfield, Debbie Republican Not Voting
Passidomo, Kathleen Republican Yea

Official roll call →

Subjects

civil-rights healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 82 do?
Individuals with Disabilities; Requiring persons and entities under contract with the Agency for Persons with Disabilities to use the agency data management systems to bill for services; revising criteria used by the agency to develop a client’s iBudget; requiring the Agency for Health Care Administration to seek federal approval to provide consumer-directed options; providing an exemption from a certificate-of-need requirement for certain intermediate care facilities, etc.
Who sponsors SB 82?
SB 82 is sponsored by Bean.
What is the current status of SB 82?
This bill has been enacted into law. Introduced January 09, 2020. Enacted.
Where can I track SB 82?
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