| 1 | A bill to be entitled |
| 2 | An act relating to health and human services; amending s. |
| 3 | 393.067, F.S.; prohibiting monitoring requirements that |
| 4 | mandate pornographic materials be available in residential |
| 5 | facilities that serve clients of the Agency for Persons |
| 6 | with Disabilities; amending s. 393.11, F.S.; requiring the |
| 7 | court to order a person involuntarily admitted to |
| 8 | residential services to be released to the agency for |
| 9 | appropriate residential services; prohibiting the court |
| 10 | from ordering that such person be released directly to a |
| 11 | residential service provider; authorizing the agency to |
| 12 | transfer a person from one residential setting to another; |
| 13 | requiring the agency to notify the committing court and |
| 14 | the person's counsel of the transfer within a specified |
| 15 | time; amending s. 916.1093, F.S.; requiring a sufficient |
| 16 | number of civil facilities to provide community-based |
| 17 | training for defendants charged with sex offenses; |
| 18 | amending s. 916.3025, F.S.; requiring that the court order |
| 19 | a person involuntarily admitted to residential services |
| 20 | after criminal charges have been dismissed to be released |
| 21 | to the agency for appropriate residential services; |
| 22 | creating a task force to develop input for the creation of |
| 23 | certain guidelines and procedures for providers of |
| 24 | residential services; providing for membership of the task |
| 25 | force; requiring the task force to seek input from certain |
| 26 | pertinent entities; requiring the agency to provide |
| 27 | administrative support to the task force; requiring the |
| 28 | task force to submit its findings to the Legislature; |
| 29 | providing an effective date. |
| 30 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
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| 33 | Section 1. Subsection (1) of section 393.067, Florida |
| 34 | Statutes, is amended to read: |
| 35 | 393.067 Facility licensure.- |
| 36 | (1) The agency shall provide through its licensing |
| 37 | authority and by rule license application procedures, provider |
| 38 | qualifications, facility and client care standards, requirements |
| 39 | for client records, requirements for staff qualifications and |
| 40 | training, and requirements for monitoring foster care |
| 41 | facilities, group home facilities, residential habilitation |
| 42 | centers, and comprehensive transitional education programs that |
| 43 | serve agency clients. However, monitoring requirements for |
| 44 | foster care facilities, group home facilities, residential |
| 45 | habilitation centers, and comprehensive transitional education |
| 46 | programs may not mandate that pornographic materials be |
| 47 | available in residential facilities that serve the clients of |
| 48 | the agency. |
| 49 | Section 2. Present paragraph (e) of subsection (8) of |
| 50 | section 393.11, Florida Statutes, is redesignated as paragraph |
| 51 | (f) and amended, and a new paragraph (e) is added to that |
| 52 | subsection, to read: |
| 53 | 393.11 Involuntary admission to residential services.- |
| 54 | (8) ORDER.- |
| 55 | (e) If an order of involuntary admission to residential |
| 56 | services provided by the agency is entered by the court, the |
| 57 | court shall order that the person be released to the agency for |
| 58 | receipt of appropriate residential services and may not order |
| 59 | the person to be released directly to a residential service |
| 60 | provider. |
| 61 | (f)(e) Upon receiving the order, the agency shall, within |
| 62 | 45 days, provide the court with a copy of the person's family or |
| 63 | individual support plan and copies of all examinations and |
| 64 | evaluations, outlining the treatment and rehabilitative |
| 65 | programs. The agency shall document that the person has been |
| 66 | placed in the most appropriate, least restrictive and cost- |
| 67 | beneficial residential setting. A copy of the family or |
| 68 | individual support plan and other examinations and evaluations |
| 69 | shall be served upon the person and the person's counsel at the |
| 70 | same time the documents are filed with the court. The agency may |
| 71 | transfer a person from one residential setting to another |
| 72 | residential setting and must notify the court and the person's |
| 73 | counsel of the transfer within 30 days after the transfer is |
| 74 | completed. |
| 75 | Section 3. Present subsection (2) of section 916.1093, |
| 76 | Florida Statutes, is renumbered as subsection (3), and a new |
| 77 | subsection (2) is added to that section to read: |
| 78 | 916.1093 Operation and administration; rules.- |
| 79 | (2) The agency shall ensure that there is a sufficient |
| 80 | number of civil facilities to provide community-based training |
| 81 | for defendants charged with sex offenses so that alternative |
| 82 | placement options are available. If the agency determines that |
| 83 | there are two or fewer facilities available to provide |
| 84 | community-based training for defendants charged with sex |
| 85 | offenses, the agency shall immediately procure additional |
| 86 | facilities. |
| 87 | Section 4. Subsection (3) of section 916.3025, Florida |
| 88 | Statutes, is amended to read: |
| 89 | 916.3025 Jurisdiction of committing court.- |
| 90 | (3) The committing court shall consider a petition to |
| 91 | involuntarily admit a defendant whose charges have been |
| 92 | dismissed to residential services provided by the agency and, |
| 93 | when applicable, to continue secure placement of such person as |
| 94 | provided in s. 916.303. If a defendant whose criminal charges |
| 95 | have been dismissed is involuntarily committed to residential |
| 96 | services provided by the agency, the committing court shall |
| 97 | order that the defendant be released to the agency for receipt |
| 98 | of appropriate residential services and may not order that the |
| 99 | defendant be released directly to a residential service |
| 100 | provider. The committing court shall retain jurisdiction over |
| 101 | such person so long as he or she remains in secure placement or |
| 102 | is on conditional release as provided in s. 916.304. However, |
| 103 | upon request, the court may transfer continuing jurisdiction to |
| 104 | the court in the circuit where the defendant resides. The |
| 105 | defendant may not be released from an order for secure placement |
| 106 | except by order of the court. |
| 107 | Section 5. Task force for the protection of persons with |
| 108 | developmental disabilities.-The Legislature recognizes the |
| 109 | rights of individuals who are developmentally disabled to lead |
| 110 | full and rewarding lives. The Legislature also recognizes the |
| 111 | state's obligation to protect vulnerable adults from sexual |
| 112 | abuse. |
| 113 | (1) In recognition of the social, legal, and environmental |
| 114 | complexities associated with this issue, the Agency for Persons |
| 115 | with Disabilities shall establish a task force to gather input |
| 116 | for the creation of guidelines and procedures for providers of |
| 117 | residential services relating to sexual activity among the |
| 118 | residents of its facilities. |
| 119 | (2) The task force shall be composed of the following |
| 120 | members: |
| 121 | (a) The director of the Agency for Persons with |
| 122 | Disabilities or his or her designee. |
| 123 | (b) The director of the adult protective services program |
| 124 | within the Department of Children and Family Services. |
| 125 | (c) The executive director of The Arc of Florida. |
| 126 | (d) A family board member of The Arc of Florida appointed |
| 127 | by the executive director of The Arc of Florida. |
| 128 | (e) The chair of the Family Care Council Florida. |
| 129 | (f) A parent representative from the Family Care Council |
| 130 | Florida appointed by the chair of the Family Care Council |
| 131 | Florida. |
| 132 | (g) A representative from the Developmental Disabilities |
| 133 | Council. |
| 134 | (h) A representative from Disability Rights Florida. |
| 135 | (i) A representative from the Florida courts. |
| 136 | (j) A representative from the Florida Prosecuting |
| 137 | Attorneys Association. |
| 138 | (k) A representative from the Florida Public Defender |
| 139 | Association. |
| 140 | (l) A staff member of the University Centers for |
| 141 | Excellence in Developmental Disabilities at the University of |
| 142 | South Florida, the Florida Center for Inclusive Communities. |
| 143 | (m) A self-advocate. |
| 144 | (n) A representative from an intensive behavior |
| 145 | residential habilitation provider. |
| 146 | (3) The task force shall seek input from self-advocates, |
| 147 | family members, universities and colleges, and other pertinent |
| 148 | entities. |
| 149 | (4) The agency shall provide administrative support to the |
| 150 | task force. |
| 151 | (5) Members of the task force shall serve without |
| 152 | compensation. |
| 153 | (6) The task force shall submit a report of its findings |
| 154 | to the President of the Senate and the Speaker of the House of |
| 155 | Representatives by November 1, 2011. |
| 156 | Section 6. This act shall take effect July 1, 2011. |