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

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