Florida Senate - 2020 SENATOR AMENDMENT Bill No. CS for SB 82 Ì401842ÇÎ401842 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 03/06/2020 02:59 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Harrell moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 472 - 523 4 and insert: 5 maintain compliance with the following criteria: 6 (a) The total number of beds per home within the facility 7 may not exceed eight, with each resident having his or her own 8 bedroom and bathroom. Each eight-bed home must be colocated on 9 the same property with two other eight-bed homes and must serve 10 individuals with severe maladaptive behaviors and co-occurring 11 psychiatric diagnoses. 12 (b) A minimum of 16 beds within the facility must be 13 designated for individuals with severe maladaptive behaviors who 14 have been assessed using the Agency for Persons with 15 Disabilities’ Global Behavioral Service Need Matrix with a score 16 of at least Level 4 and up to Level 6, or assessed using the 17 criteria deemed appropriate by the Agency for Health Care 18 Administration regarding the need for a specialized placement in 19 an intermediate care facility for the developmentally disabled. 20 (c) The applicant has not had a facility license denied, 21 revoked, or suspended within the 36 months preceding the request 22 for exemption. 23 (d) The applicant must have at least 10 years of experience 24 serving individuals with severe maladaptive behaviors in the 25 state. 26 (e) The applicant must implement a state-approved staff 27 training curriculum and monitoring requirements specific to the 28 individuals whose behaviors require higher intensity, frequency, 29 and duration of services. 30 (f) The applicant must make available medical and nursing 31 services 24 hours per day, 7 days per week. 32 (g) The applicant must demonstrate a history of using 33 interventions that are least restrictive and that follow a 34 behavioral hierarchy. 35 (h) The applicant must maintain a policy prohibiting the 36 use of mechanical restraints. 37 Section 7. Paragraph (o) is added to subsection (3) of 38 section 408.036, Florida Statutes, to read: 39 408.036 Projects subject to review; exemptions.— 40 (3) EXEMPTIONS.—Upon request, the following projects are 41 subject to exemption from subsection (1): 42 (o) For a new intermediate care facility for the 43 developmentally disabled as defined in s. 408.032 which has a 44 total of 24 beds, comprising three eight-bed homes, for use by 45 individuals exhibiting severe maladaptive behaviors and co 46 occurring psychiatric diagnoses requiring increased levels of 47 behavioral, medical, and therapeutic oversight. The applicant 48 must not have had a license denied, revoked, or suspended within 49 the 36 months preceding the request for exemption and must have 50 at least 10 years of experience serving individuals with severe 51 maladaptive behaviors in this state. The agency may grant no 52 more than three exemptions under this paragraph. 53 1. An exemption under this paragraph does not require a 54 specific legislative appropriation. 55 2. An exemption under this paragraph terminates 18 months 56 after the date of issuance unless the exemption holder has 57 commenced construction. The agency shall monitor the progress of 58 the holder of the certificate of exemption in meeting the 59 timetable for project development specified in the application 60 for exemption. The agency shall extend the timeframe for a 61 project if the exemption holder demonstrates to the satisfaction 62 of the agency that good-faith commencement of the project is 63 being delayed by litigation or by governmental action or 64 inaction with respect to regulations or permitting precluding 65 commencement of the project. 66 3. This paragraph and subsection (6) of s. 400.962 are 67 repealed July 1, 2022, unless reviewed and saved from repeal by 68 the Legislature. 69 70 ================= T I T L E A M E N D M E N T ================ 71 And the title is amended as follows: 72 Delete lines 63 - 66 73 and insert: 74 certain intermediate care facilities; limiting the 75 number of such exemptions the Agency for Health Care 76 Administration may grant; providing that a specific