HB 333

1	A bill to be entitled
2	An act relating to developmental disabilities
3	institutions; creating s. 393.35, F.S.; providing
4	legislative intent; requiring the Agency for Persons
5	with Disabilities to submit a plan to the Governor and
6	the Legislature if the agency or the Legislature
7	proposes to close or reduce by a certain percentage the
8	resident population of a developmental disabilities
9	institution; providing for content of the plan;
10	requiring the Governor to approve or disapprove the plan
11	to close or reduce the population of an institution;
12	providing that the Governor's decision is not binding on
13	the Legislature; requiring the agency to provide
14	quarterly reports; providing for content of the reports;
15	providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Section 393.35, Florida Statutes, is created
20	to read:
21	393.35  Developmental disabilities institutions.--
22	(1)  LEGISLATIVE INTENT.--It is the intent of the
23	Legislature that:
24	(a)  The agency timely notify residents and guardians of
25	residents of the Marianna Sunland developmental disabilities
26	institution or the Tacachale developmental disabilities
27	institution when the agency or the Legislature announces its
28	intent to close or reduce the census by 20 percent or more at
29	either the Marianna Sunland institution or the Tacachale
30	institution. For purposes of this section, "census reduction"
31	or "reduce the census" means to reduce the current resident
32	population of an institution over a 1-year period that begins
33	on July 1 and ends on June 30 annually. Residents placed in
34	the institution under court order and residents or their
35	guardians who have requested in writing to leave the
36	institution shall not be included in the census reduction
37	calculation.
38	(b)  The agency provide assurance to residents and their
39	guardians that planning for transition to another residential
40	setting shall be conducted with the involvement of the
41	residents and their guardians, designated family members, or
42	designees and shall address the needs of the resident in the
43	most appropriate setting.
44	(c)  The agency ensure the health and safety of the
45	residents of a developmental disabilities institution during a
46	transition to closure of or a census reduction of 20 percent
47	or more at the institution.
48	(d)  The agency conduct a thorough planning process for
49	activities associated with closure of or a census reduction of
50	20 percent or more at a developmental disabilities institution
51	and comply with the provisions of this section.
52	(2)  INTENT TO CLOSE OR REDUCE CENSUS OF MARIANNA SUNLAND
53	OR TACACHALE DEVELOPMENTAL DISABILITIES INSTITUTIONS.--
54	(a)  If the agency or the Legislature announces its
55	intent to close or reduce the census by 20 percent or more at
56	either the Marianna Sunland developmental disabilities
57	institution or the Tacachale developmental disabilities
58	institution after July 1, 2008, the agency must first provide
59	a report regarding plans related to closure of or census
60	reduction at the developmental disabilities institution to the
61	Governor, the President of the Senate, and the Speaker of the
62	House of Representatives. The President of the Senate and the
63	Speaker of the House of Representatives shall have 90 days to
64	provide comments to the Governor after receipt of notification
65	of intent to close or reduce the census by 20 percent or more
66	at the institution. The report shall include, but not be
67	limited to, the following activities:
68	1.  A plan for providing notification of closure or
69	census reduction. The agency shall notify each affected
70	resident of the institution, the resident's guardian,
71	designated members of the resident's family, or a designee of
72	the intent to close or reduce the census at the institution.
73	The notice must be delivered by registered mail and include
74	the reasons for closure or census reduction, the timeline for
75	closure or census reduction activities, and contact
76	information for the recipient of the notice to obtain
77	additional information.
78	2.  A plan for providing education to staff and to
79	residents and their guardians, family members, or designees
80	about residential placement opportunities available to
81	residents after leaving the institution.
82	3.  A plan for providing services and other residential
83	placements for residents after they leave the institution.
84	4.  An assessment of the capacity of service providers
85	and their ability to meet the needs of the residents in the
86	communities where residents will likely reside after they
87	leave the institution.
88	5.  A plan for service provider recruitment, development,
89	and training, as needed, to ensure that adequate services are
90	available to residents as they make the transition into the
91	community.
92	6.  A plan for monitoring and ensuring safety and service
93	quality for residents after they have left the institution.
94	7.  A process for developing a support plan that includes
95	consultation with the residents and their guardians and
96	provides a community living plan for delivering services to
97	those residents.
98	8.  A process for residents and their guardians to appeal
99	the services planned through the support planning process.
100	9.  A plan for adjusting employee staffing levels during
101	the census reduction or transition to closure to ensure the
102	safety of and quality of care for residents and assistance for
103	employees seeking new employment.
104	10.  A complete timeline for closure of or census
105	reduction at the institution that includes a financial plan
106	for the closure or census reduction and the projected savings
107	associated with the closure or census reduction.
108	11.  A communications plan to keep residents, guardians
109	of residents, designated family members, employees, and
110	designees informed of the progress of the closure or census
111	reduction.
112	12.  The responsibility of each state agency involved in
113	the closure of or census reduction at the institution.
114	13.  A plan for closure activities and the disposition of
115	property of the physical plant of the institution.
116	(b)  After consideration of comments from the President
117	of the Senate and the Speaker of the House of Representatives
118	and other evidence, the Governor shall approve or disapprove
119	the plan of the agency to close or reduce the census by 20
120	percent or more at the developmental disabilities institution.
121	The Governor's approval or disapproval of the closure of or
122	census reduction at an institution is not binding on the
123	Legislature.
124	(3)  REPORTS ON CLOSURE ACTIVITIES OR CENSUS REDUCTION.--
125	(a)  The agency shall provide a quarterly report to the
126	Governor, the President of the Senate, and the Speaker of the
127	House of Representatives on the progress of the closure of or
128	census reduction at an institution and shall post the report
129	on the agency's Internet website. This report requirement
130	shall apply to the closure of the Gulf Coast Center and any
131	other developmental disabilities institution closure or census
132	reduction activities approved after July 1, 2008.
133	(b)  The report shall document the progress of the plan,
134	including, but not limited to, the requirements in subsection
135	(2), and shall also include the following:
136	1.  The number of residents, guardians, designated family
137	members, and designees that have been notified and have yet to
138	be notified of the planned closure or census reduction
139	activities.
140	2.  Current resident population compared to targeted
141	census reduction.
142	3.  The locations of residential placements by number and
143	type of facilities.
144	4.  The number of significant reportable events for
145	residents in the institution.
146	5.  Statistics that indicate the successful placement of
147	residents in locations in the community or in other
148	institutions chosen by those residents or their guardians and
149	an assessment of the efforts made by the agency in assisting
150	residents and their guardians in making those choices.
151	Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.