Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 714
       
       
       
       
       
                               Ì8978303Î897830                          
       
       576-04077A-17                                                   
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to comprehensive transitional
    3         education programs; amending s. 393.0678, F.S.;
    4         authorizing the Agency for Persons with Disabilities
    5         to petition a court for the appointment of a receiver
    6         for a comprehensive transitional education program
    7         under certain circumstances; providing an effective
    8         date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (1) of section 393.0678, Florida
   13  Statutes, is amended to read:
   14         393.0678 Receivership proceedings.—
   15         (1) The agency may petition a court of competent
   16  jurisdiction for the appointment of a receiver for a
   17  comprehensive transitional education program, a residential
   18  habilitation center, or a group home facility owned and operated
   19  by a corporation or partnership when any of the following
   20  conditions exist:
   21         (a) Any person is operating a facility or program without a
   22  license and refuses to make application for a license as
   23  required by s. 393.067.
   24         (b) The licensee is closing the facility or has informed
   25  the department that it intends to close the facility; and
   26  adequate arrangements have not been made for relocation of the
   27  residents within 7 days, exclusive of weekends and holidays, of
   28  the closing of the facility.
   29         (c) The agency determines that conditions exist in the
   30  facility which present an imminent danger to the health, safety,
   31  or welfare of the residents of the facility or which present a
   32  substantial probability that death or serious physical harm
   33  would result therefrom. Whenever possible, the agency shall
   34  facilitate the continued operation of the program.
   35         (d) The licensee cannot meet its financial obligations to
   36  provide food, shelter, care, and utilities. Evidence such as the
   37  issuance of bad checks or the accumulation of delinquent bills
   38  for such items as personnel salaries, food, drugs, or utilities
   39  constitutes prima facie evidence that the ownership of the
   40  facility lacks the financial ability to operate the home in
   41  accordance with the requirements of this chapter and all rules
   42  promulgated thereunder.
   43         Section 2. This act shall take effect upon becoming a law.