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 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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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. |