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

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