Florida Senate - 2011                                    SB 2062
       
       
       
       By the Committee on Children, Families, and Elder Affairs
       
       
       
       
       586-02886-11                                          20112062__
    1                        A bill to be entitled                      
    2         An act relating to persons with developmental
    3         disabilities; amending s. 393.067, F.S.; prohibiting
    4         monitoring requirements that mandate pornographic
    5         materials be available in residential facilities that
    6         serve clients of the Agency for Persons with
    7         Disabilities; amending s. 393.11, F.S.; requiring the
    8         court to order a person involuntarily admitted to
    9         residential services to be released to the agency for
   10         appropriate residential services; forbidding the court
   11         from ordering that such person be released directly to
   12         a residential service provider; authorizing the agency
   13         to transfer a person from one residential setting to
   14         another; requiring the agency to notify the committing
   15         court of a person’s transfer within a specified time;
   16         amending s. 916.1093, F.S.; requiring the agency to
   17         ensure that there are sufficient community-based
   18         placements for defendants charged with sex offenses;
   19         amending s. 916.3025, F.S.; requiring that the court
   20         order a person involuntarily admitted to residential
   21         services after criminal charges have been dismissed be
   22         released to the agency for appropriate residential
   23         services; creating a task force to develop input for
   24         the creation of certain guidelines and procedures for
   25         providers of residential services; providing for
   26         membership of the task force; requiring the task force
   27         to seek input from certain pertinent entities;
   28         requiring the Agency for Persons with Disabilities to
   29         provide administrative support to the task force;
   30         requiring the task force to submit its findings to the
   31         Legislature; providing an effective date.
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsection (1) of section 393.067, Florida
   36  Statutes, is amended to read:
   37         393.067 Facility licensure.—
   38         (1) The agency shall provide through its licensing
   39  authority and by rule license application procedures, provider
   40  qualifications, facility and client care standards, requirements
   41  for client records, requirements for staff qualifications and
   42  training, and requirements for monitoring foster care
   43  facilities, group home facilities, residential habilitation
   44  centers, and comprehensive transitional education programs that
   45  serve agency clients. However, monitoring requirements for
   46  foster care facilities, group home facilities, residential
   47  habilitation centers, and comprehensive transitional education
   48  programs may not mandate that pornographic materials be
   49  available in residential facilities that serve the clients of
   50  the agency.
   51         Section 2. Present paragraph (e) of subsection (8) of
   52  section 393.11, Florida Statutes, is redesignated as paragraph
   53  (f) and amended, and a new paragraph (e) is added to that
   54  subsection, to read:
   55         393.11 Involuntary admission to residential services.—
   56         (8) ORDER.—
   57         (e) If an order of involuntary admission to residential
   58  services provided by the agency is entered by the court, the
   59  court shall order that the person be released to the agency for
   60  receipt of appropriate residential services and may not order
   61  the person to be released directly to a residential service
   62  provider.
   63         (f)(e) Upon receiving the order, the agency shall, within
   64  45 days, provide the court with a copy of the person’s family or
   65  individual support plan and copies of all examinations and
   66  evaluations, outlining the treatment and rehabilitative
   67  programs. The agency shall document that the person has been
   68  placed in the most appropriate, least restrictive and cost
   69  beneficial residential setting. A copy of the family or
   70  individual support plan and other examinations and evaluations
   71  shall be served upon the person and the person’s counsel at the
   72  same time the documents are filed with the court. The agency may
   73  transfer a person from one residential setting to another
   74  residential setting and must notify the court and the person’s
   75  counsel of the transfer within 30 days after the transfer is
   76  completed.
   77         Section 3. Section 916.1093, Florida Statutes, is amended
   78  to read:
   79         916.1093 Operation and administration; rules.—
   80         (1) The department or agency may enter into contracts and
   81  do such things as may be necessary and incidental to assure
   82  compliance with and to carry out the provisions of this chapter
   83  in accordance with the stated legislative intent.
   84         (2) The agency shall ensure that there are a sufficient
   85  number of civil facilities providing community-based training
   86  for defendants charged with sex offenses so that alternative
   87  placement options are available. If the agency determines that
   88  there are two or fewer facilities available to provide
   89  community-based training for defendants charged with sex
   90  offenses, the agency shall immediately procure additional
   91  facilities.
   92         (3)(2) The department and agency are authorized to adopt
   93  rules pursuant to ss. 120.536(1) and 120.54 to implement the
   94  provisions of this chapter. Such rules must address the use of
   95  restraint and seclusion in forensic facilities and must be
   96  consistent with recognized best practices; prohibit inherently
   97  dangerous restraint or seclusion procedures; establish
   98  limitations on the use and duration of restraint and seclusion;
   99  establish measures to ensure the safety of clients and staff
  100  during an incident of restraint or seclusion; establish
  101  procedures for staff to follow before, during, and after
  102  incidents of restraint or seclusion; establish professional
  103  qualifications of and training for staff who may order or be
  104  engaged in the use of restraint or seclusion; provide data
  105  reporting and data collection procedures relating to the use of
  106  restraint and seclusion; and provide for the documentation of
  107  the use of restraint or seclusion in the client’s facility
  108  record.
  109         Section 4. Subsection (3) of section 916.3025, Florida
  110  Statutes, is amended to read:
  111         916.3025 Jurisdiction of committing court.—
  112         (3) The committing court shall consider a petition to
  113  involuntarily admit a defendant whose charges have been
  114  dismissed to residential services provided by the agency and,
  115  when applicable, to continue secure placement of such person as
  116  provided in s. 916.303. If a defendant whose criminal charges
  117  have been dismissed is involuntarily committed to residential
  118  services provided by the agency, the committing court shall
  119  order that the defendant be released to the agency for receipt
  120  of appropriate residential services and may not order that the
  121  defendant be released directly to a residential service
  122  provider. The committing court shall retain jurisdiction over
  123  such person so long as he or she remains in secure placement or
  124  is on conditional release as provided in s. 916.304. However,
  125  upon request, the court may transfer continuing jurisdiction to
  126  the court in the circuit where the defendant resides. The
  127  defendant may not be released from an order for secure placement
  128  except by order of the court.
  129         Section 5. The Legislature recognizes the rights of
  130  individuals who are developmentally disabled to lead full and
  131  rewarding lives. The Legislature also recognizes the state’s
  132  obligation to protect vulnerable adults from sexual abuse.
  133         (1)In recognition of the social, legal, and environmental
  134  complexities associated with this issue, the Agency for Persons
  135  with Disabilities shall establish a task force to gather input
  136  for the creation of guidelines and procedures for providers of
  137  residential services relating to sexual activity among the
  138  residents of its facilities.
  139         (2) The task force shall consist of the following members:
  140         (a) The director of the Agency for Persons with
  141  Disabilities or his or her designee.
  142         (b)The director of Adult Protective Services in the
  143  Department of Children and Family Services.
  144         (c) The executive director of The Arc of Florida.
  145         (d) A family board member of The Arc of Florida appointed
  146  by the executive director of The Arc of Florida.
  147         (e) The chair of the Family Care Council Florida.
  148         (f) A parent representative from the Family Care Council
  149  Florida appointed by the chair of the Family Care Council
  150  Florida.
  151         (g)A representative from the Developmental Disabilities
  152  Council.
  153         (h)A representative from Disability Rights Florida.
  154         (i)A representative from the Florida courts.
  155         (j)A representative from the Florida Prosecuting Attorneys
  156  Association.
  157         (k)A representative from the Florida Public Defender
  158  Association.
  159         (l)A staff member of the University Center for Excellence
  160  in Developmental Disabilities at the University of South
  161  Florida/Center for Inclusive Communities.
  162         (m)A self-advocate.
  163         (3)The task force shall seek input from self-advocates,
  164  family members, universities and colleges, and other pertinent
  165  entities.
  166         (4)The agency shall provide administrative support to the
  167  task force.
  168         (5) Members of the task force shall serve without
  169  compensation, but are entitled to reimbursement for per diem and
  170  travel expenses as provided in s. 112.061, Florida Statutes.
  171         (6) The task force shall submit a report of its findings to
  172  the President of the Senate and the Speaker of the House of
  173  Representatives by November 1, 2011.
  174         Section 6. This act shall take effect July 1, 2011.