Week 3 of the Florida Legislature was marked by significant developments, particularly in the areas of disability services and agency rulemaking.
PCS for HB 1103
One of the major developments this week was consideration of a proposed committee substitute (PCS) for HB 1103 by the House Human Services Subcommittee. The bill was originally filed on behalf of the Agency for Persons with Disabilities (APD) by Representative Jennifer Kincart Jonsson. However, the bill as originally filed was not considered. Instead, the House Human Services Subcommittee filed and considered the PCS which differs significantly from the original bill. The PCS passed.
Among the key differences in the PCS:
**Division Transfers**: APD had requested the transfer of the Divisions of Vocational Rehabilitation and Blind Services to its oversight. The PCS, however, does not include these transfers.
**Adult Pathways Waiver**: Another request from APD was to codify a new “Adult Pathways” waiver, aimed at providing a limited array of services for adults with disabilities. It is reminiscent of the old Family and Supported Living Waiver, aka Tier 4, which was eliminated when iBudget was adopted in Florida. This waiver is absent in the PCS.
It is clear that the House is using the PCS to address several of its priorities:
**Transparency Requirements**: The PCS imposes strict transparency requirements on APD. This includes the online publication of quarterly reports and detailed information regarding the waiting list for services.
**Managed Care Pilot Program**: The PCS expands the managed care pilot program for individuals with intellectual and developmental disabilities to a statewide initiative. It encompasses all individuals over the age of 18 on the waiting list and allows transitions from iBudget to the pilot program. It's important to highlight that managed care enrollment remains voluntary under this bill.
**Role Adjustment**: The bill removes APD's role in assisting the Agency for Health Care Administration (AHCA) in managing the pilot program.
**Statewide Family Care Council**: The bill establishes a statewide Family Care Council, enhancing the responsibilities and authority of both local and statewide councils, ensuring a more cohesive and empowered advisory and advocacy framework.
Agency Rulemaking Bills
In addition to the PCS for HB 1103, we are closely following bills designed to refine agency rulemaking processes and strengthen safeguards against agencies imposing regulatory costs on private sector businesses through rulemaking. HB 433 by Representative Toby Overdorf, has successfully cleared its first committee and is now set to be reviewed by the House budget committee. Its Senate counterpart, CS/SB 108 by Senator Burgess, has advanced through committees and is ready for the Senate floor.
Why it matters:
**Legislative Ratification of rules imposing costs on businesses**: Both AHCA and APD have previously overlooked state laws requiring legislative ratification of agency rules that impose regulatory costs on private sector businesses. The proposed bills reinforce existing safeguards and ensure that agencies adhere to legislative oversight. iConnect is a good example of the problems caused when agency rules impose costs on small businesses that the Legislature did not intend.
**Systematic Review**: The bills mandate a systematic review of all agency rules according to a specified schedule. This should serve as a vehicle to identify and eliminate or modify rules that no longer serve their intended purpose, exceed agency authority, and rules that unnecessarily burden small businesses and affect private sector competition.
Insulin administration by family members and direct support professionals
HB 1567 by Rep. Kaylee Tuck and SB 1736 by Sen. Erin Grall both advanced through their first committee stops this week. These bills would allow a family member or a direct support professional to assist in administering insulin through an epi pen or similar device. This has been a longstanding issue in Florida and we are hopeful that this common sense Legislation will continue to move through the process and become law.
Up next
In week 4, we anticipate the focus to turn to the state budget. We are hearing that both chambers plan to release their initial budget proposals next week. We will be following the usual priorities of provider rates and funding for the APD waiting list. We are also hopeful that we will see continued progress and discussion on APD transportation and iConnect remediation as the session nears its halfway point.
The pace of decision making will exponentially increase in the following weeks. It is crucial for stakeholders, including disability advocates, business leaders, and policy makers, to stay informed and engaged. The legislative process is dynamic, and continuous dialogue and feedback will play a vital role in shaping the final outcomes.