Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for SB 82
                              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)
    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.
   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