Florida Senate - 2011 (PROPOSED COMMITTEE BILL) SPB 7080
FOR CONSIDERATION By the Committee on Children, Families, and
Elder Affairs
586-02558A-11 20117080__
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; amending s. 916.304, F.S.; prohibiting the
24 court from ordering a conditional release of any
25 defendant to a civil facility in lieu of an
26 involuntary commitment to a forensic facility;
27 requiring the court to order instead that certain
28 inmates be released to the agency under conditional
29 release and placed in a civil facility; authorizing
30 the agency to transfer a person from one residential
31 setting to another; requiring the agency to notify the
32 committing court of a person’s transfer within a
33 specified time; creating a task force to develop input
34 for the creation of certain guidelines and procedures
35 for providers of residential services; providing for
36 membership of the task force; requiring the task force
37 to seek input from certain pertinent entities;
38 requiring the Agency for Persons with Disabilities to
39 provide administrative support to the task force;
40 requiring the task force to submit its findings to the
41 Legislature; providing an effective date.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Subsection (1) of section 393.067, Florida
46 Statutes, is amended to read:
47 393.067 Facility licensure.—
48 (1) The agency shall provide through its licensing
49 authority and by rule license application procedures, provider
50 qualifications, facility and client care standards, requirements
51 for client records, requirements for staff qualifications and
52 training, and requirements for monitoring foster care
53 facilities, group home facilities, residential habilitation
54 centers, and comprehensive transitional education programs that
55 serve agency clients. However, monitoring requirements for
56 foster care facilities, group home facilities, residential
57 habilitation centers, and comprehensive transitional education
58 programs may not mandate that pornographic materials be
59 available in residential facilities that serve the clients of
60 the agency.
61 Section 2. Present paragraph (e) of subsection (8) of
62 section 393.11, Florida Statutes, is redesignated as paragraph
63 (f) and amended, and a new paragraph (e) is added to that
64 subsection, to read:
65 393.11 Involuntary admission to residential services.—
66 (8) ORDER.—
67 (e) If an order of involuntary admission to residential
68 services provided by the agency is entered by the court, the
69 court shall order that the person be released to the agency for
70 receipt of appropriate residential services and may not order
71 the person to be released directly to a residential service
72 provider.
73 (f)(e) Upon receiving the order, the agency shall, within
74 45 days, provide the court with a copy of the person’s family or
75 individual support plan and copies of all examinations and
76 evaluations, outlining the treatment and rehabilitative
77 programs. The agency shall document that the person has been
78 placed in the most appropriate, least restrictive and cost
79 beneficial residential setting. A copy of the family or
80 individual support plan and other examinations and evaluations
81 shall be served upon the person and the person’s counsel at the
82 same time the documents are filed with the court. The agency may
83 transfer a person from one residential setting to another
84 residential setting and must notify the court and the person’s
85 counsel of the transfer within 30 days after the transfer is
86 completed.
87 Section 3. Section 916.1093, Florida Statutes, is amended
88 to read:
89 916.1093 Operation and administration; rules.—
90 (1) The department or agency may enter into contracts and
91 do such things as may be necessary and incidental to assure
92 compliance with and to carry out the provisions of this chapter
93 in accordance with the stated legislative intent.
94 (2) The agency shall ensure that there are a sufficient
95 number of civil facilities providing community-based training
96 for defendants charged with sex offenses so that alternative
97 placement options are available. If the agency determines that
98 there are two or fewer facilities available to provide
99 community-based training for defendants charged with sex
100 offenses, the agency shall immediately procure additional
101 facilities.
102 (3)(2) The department and agency are authorized to adopt
103 rules pursuant to ss. 120.536(1) and 120.54 to implement the
104 provisions of this chapter. Such rules must address the use of
105 restraint and seclusion in forensic facilities and must be
106 consistent with recognized best practices; prohibit inherently
107 dangerous restraint or seclusion procedures; establish
108 limitations on the use and duration of restraint and seclusion;
109 establish measures to ensure the safety of clients and staff
110 during an incident of restraint or seclusion; establish
111 procedures for staff to follow before, during, and after
112 incidents of restraint or seclusion; establish professional
113 qualifications of and training for staff who may order or be
114 engaged in the use of restraint or seclusion; provide data
115 reporting and data collection procedures relating to the use of
116 restraint and seclusion; and provide for the documentation of
117 the use of restraint or seclusion in the client’s facility
118 record.
119 Section 4. Subsection (3) of section 916.3025, Florida
120 Statutes, is amended to read:
121 916.3025 Jurisdiction of committing court.—
122 (3) The committing court shall consider a petition to
123 involuntarily admit a defendant whose charges have been
124 dismissed to residential services provided by the agency and,
125 when applicable, to continue secure placement of such person as
126 provided in s. 916.303. If a defendant whose criminal charges
127 have been dismissed is involuntarily committed to residential
128 services provided by the agency, the committing court shall
129 order that the defendant be released to the agency for receipt
130 of appropriate residential services and may not order that the
131 defendant be released directly to a residential service
132 provider. The committing court shall retain jurisdiction over
133 such person so long as he or she remains in secure placement or
134 is on conditional release as provided in s. 916.304. However,
135 upon request, the court may transfer continuing jurisdiction to
136 the court in the circuit where the defendant resides. The
137 defendant may not be released from an order for secure placement
138 except by order of the court.
139 Section 5. Subsection (1) of section 916.304, Florida
140 Statutes, is amended to read:
141 916.304 Conditional release.—
142 (1) Except for an inmate currently serving a prison
143 sentence, the committing court may order a conditional release
144 of any defendant who has been found to be incompetent to proceed
145 due to retardation or autism, based on an approved plan for
146 providing community-based training. The committing criminal
147 court may not order a conditional release of any defendant to a
148 civil facility in lieu of an involuntary commitment to a
149 forensic facility pursuant to s. 916.302 but shall order the
150 conditional release to the agency for placement in a civil
151 facility. Upon a recommendation that community-based training
152 for the defendant is appropriate, a written plan for community
153 based training, including recommendations from qualified
154 professionals, may be filed with the court, with copies to all
155 parties. Such a plan may also be submitted by the defendant and
156 filed with the court, with copies to all parties. The plan must
157 include:
158 (a) Special provisions for residential care and adequate
159 supervision of the defendant, including recommended location of
160 placement.
161 (b) Recommendations for auxiliary services such as
162 vocational training, psychological training, educational
163 services, leisure services, and special medical care.
164
165 In its order of conditional release, the court shall specify the
166 conditions of release based upon the release plan and shall
167 direct the appropriate agencies or persons to submit periodic
168 reports to the courts regarding the defendant’s compliance with
169 the conditions of the release and progress in training, with
170 copies to all parties. The agency may transfer a defendant from
171 one civil facility to another civil facility. The agency shall
172 notify the court of the transfer within 30 days after the
173 transfer is completed.
174 Section 6. The Legislature recognizes the rights of
175 individuals who are developmentally disabled to lead full and
176 rewarding lives. The Legislature also recognizes the state’s
177 obligation to protect vulnerable adults from sexual abuse.
178 (1) In recognition of the social, legal, and environmental
179 complexities associated with this issue, the Agency for Persons
180 with Disabilities shall establish a task force to gather input
181 for the creation of guidelines and procedures for providers of
182 residential services relating to sexual activity among the
183 residents of its facilities.
184 (2) The task force shall consist of the following members:
185 (a) The director of the Agency for Persons with
186 Disabilities or his or her designee.
187 (b) The director of Adult Protective Services in the
188 Department of Children and Family Services.
189 (c) The executive director of The Arc of Florida.
190 (d) A family board member of The Arc of Florida appointed
191 by the executive director of The Arc of Florida.
192 (e) The chair of the Family Care Council Florida.
193 (f) A parent representative from the Family Care Council
194 Florida appointed by the chair of the Family Care Council
195 Florida.
196 (g) A representative from the Developmental Disabilities
197 Council.
198 (h) A representative from Disability Rights Florida.
199 (i) A representative from the Florida courts.
200 (j) A representative from the Florida Prosecuting Attorneys
201 Association.
202 (k) A representative from the Florida Public Defender
203 Association.
204 (3) The task force shall seek input from self-advocates,
205 family members, universities and colleges, and other pertinent
206 entities.
207 (4) The agency shall provide administrative support to the
208 task force.
209 (5) Members of the task force shall serve without
210 compensation, but are entitled to reimbursement for per diem and
211 travel expenses as provided in s. 112.061, Florida Statutes.
212 (6) The task force shall submit a report of its findings to
213 the President of the Senate and the Speaker of the House of
214 Representatives by November 1, 2011.
215 Section 7. This act shall take effect July 1, 2011.