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A bill to be entitled

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An act relating to developmental disabilities

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institutions; creating s. 393.35, F.S.; providing

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legislative intent; requiring the Agency for Persons with

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Disabilities to give written notice to certain specified

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persons if the agency proposes to close or reduce by more

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than 10 percent the resident population of a developmental

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disabilities institution; providing the content of the

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notice; requiring the Governor and Cabinet to hold a

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public hearing; requiring that notice of the public

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hearing be given in a specified manner; specifying the

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issues to be considered at the public hearing; requiring

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the Governor and Cabinet to approve or disapprove the

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proposal of the agency; requiring the agency to provide

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monthly reports to the Governor and Legislature concerning

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the phase-down of a specified facility; requiring the

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agency to conduct a study and prepare a report on the

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feasibility of an alternate facility; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 393.35, Florida Statutes, is created to

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read:

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     393.35 Developmental disabilities institutions.--

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     (1) INTENT.--It is the intent of the Legislature that the

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Agency for Persons with Disabilities not close or reduce by more

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than 10 percent the resident population of a developmental

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disabilities institution unless it has complied with this

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section.

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     (2) NOTICE.--

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     (a) If the agency intends to take action resulting in the

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closure or reduction of more than 10 percent in the resident

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population of a developmental disabilities institution or in any

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manner authorizes or encourages the immediate or phased closure

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or reduction of more than 10 percent in the resident population

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of an institution, the agency must provide written notice to the

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Governor and Cabinet, each resident of the institution, the

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guardian of the resident, and any other individual authorized to

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receive notice under the Health Insurance Portability and

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Accountability Act of 1996 (HIPPA), Pub. L. No. 104-191.

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     (b) Notice of the agency's intent to close or reduce by

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more than 10 percent the resident population of a developmental

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disabilities institution must be delivered by registered mail.

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     (c) The notice must advise the resident, the guardian of

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the resident, and any other individual authorized to receive

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notice under the Health Insurance Portability and Accountability

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Act of 1996, Pub. L. No. 104-191, that the resident has the right

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to initiate legal action relating to the notice provision of this

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subsection and to the closure or reduction by more than 10

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percent in the resident population of the developmental

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disabilities institution.

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     (3) PUBLIC HEARING.--

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     (a) The agency may not close or reduce by more than 10

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percent the resident population of a developmental disabilities

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institution unless the requirements for a public hearing set

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forth in this subsection have been met.

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     (b) If the agency proposes to close or reduce by more than

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10 percent the resident population of a developmental

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disabilities institution, the Governor and Cabinet must schedule

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a public hearing.

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     (c) The Governor and Cabinet shall give notice of the

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public hearing to each resident, the guardian of the resident,

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any other individual authorized to receive notice under the

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Health Insurance Portability and Accountability Act of 1996, Pub.

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L. No. 104-191, and each member of the Legislature not less than

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90 days before the scheduled date of the hearing. Notice of the

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public hearing must be by registered mail.

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     (4) TESTIMONY.--In order to ensure the health, safety, and

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welfare of each resident affected by the closure or reduction by

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more than 10 percent of the resident population of the

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institution, the public hearing must include, but need not be

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limited to, testimony concerning:

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     (a) The capacity of the community to provide services,

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including health care, from experienced community providers that

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have appropriate staff.

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     (b) The total cost of reducing the resident population or

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closing the institution.

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     (c) The effect that a reduction in the resident population

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or closure of the institution will have on the residents of the

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institution.

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     (d) The monitoring and safety systems for individuals in

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the community which will be in place to protect the health and

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safety of each resident.

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     (e) The process that will be used to develop a community

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living plan for each resident.

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     (f) The services that are necessary to provide family and

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guardian involvement in the development of the community living

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plan.

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     (g) The responsibilities of each state agency and local

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government following the closure or reduction in the resident

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population of the institution.

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     (h) The procedures that will be used to transfer ownership

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of the institution to another entity or the plan to reuse the

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property.

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     (i) The plan of the agency to reemploy the employees of the

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institution.

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     (j) Any other issue identified by the Legislature, a

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resident, a family member or guardian, or other interested party.

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     (5) ACTION BY GOVERNOR AND CABINET REQUIRED.--

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     (a) After considering the testimony and other evidence, the

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Governor and Cabinet shall approve or disapprove the plan of the

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agency to close or reduce by more than 10 percent the resident

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population of the developmental disabilities institution.

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     (b) If the Governor and Cabinet approve the plan of the

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agency to close or reduce by more than 10 percent the resident

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population of a specific developmental disabilities institution,

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the Governor and Cabinet shall direct the agency to give each

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affected resident, the guardian of the resident, and any other

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individual authorized to receive notice under the Health

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Insurance Portability and Accountability Act of 1996, Pub. L. No.

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104-191, written assurance that the resident may choose to

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receive services in another developmental disabilities

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institution or in a community-based setting.

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     Section 2. The Agency for Persons with Disabilities shall

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provide a monthly report to the Governor, the President of the

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Senate, and the Speaker of the House of Representatives detailing

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the progress of the phase-down of the Gulf Coast Center located

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in Fort Myers, Florida. The report must also be posted on the

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agency's website. The report must include the actual population

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in conjunction with the proposed reduction in population, the

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location of residential placements by number and type, the number

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of significant reportable events, and statistics regarding

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placement choice and placement preference of individuals residing

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in the facility or made by their legal guardian or guardian

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advocate, and efforts the agency has made to assist in placement

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decisions made by individuals or their guardians. The first

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report is due on August 1, 2008, and shall continue monthly until

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the closure of the Gulf Coast Center. The agency shall also

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conduct a study and prepare a report concerning the feasibility

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of developing an alternate facility for residents who choose to

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stay in the existing facility or in an intermediate care

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facility. The study must be completed by December 1, 2008.

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     Section 3.  This act shall take effect July 1, 2008.