HB 127

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 give written notice to certain specified
6	persons if the agency proposes to close or reduce the
7	resident population of a developmental disabilities
8	institution; providing the content of the notice;
9	requiring the Governor and Cabinet to hold a public
10	hearing; requiring that notice of the public hearing be
11	given in a specified manner; providing the content to be
12	considered at the public hearing; requiring the Governor
13	and Cabinet to approve or disapprove the proposal of the
14	agency; requiring a specified level of funding until the
15	plan is completed; creating a family advisory council;
16	providing duties and responsibilities for the council;
17	providing for membership on the council; providing that
18	the provisions of the act are retroactive; requiring the
19	agency to follow the notice and public hearing procedures
20	for any developmental disabilities institution for which
21	the agency has announced a plan to close or reduce the
22	resident population; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 393.35, Florida Statutes, is created to
27	read:
28	393.35  Developmental disabilities institutions.--
29	(1)  INTENT.--It is the intent of the Legislature that the
30	Agency for Persons with Disabilities not close or reduce the
31	resident population of a developmental disabilities institution
32	unless it has complied with the provisions of this section.
33	(2)  NOTICE.--
34	(a)  If the agency intends to take action resulting in the
35	closure or reduction in the resident population of a
36	developmental disabilities institution or in any manner
37	authorizes or encourages the immediate or staged closure or
38	reduction in the resident population of an institution, the
39	agency must provide written notice to the Governor and Cabinet,
40	each resident of the institution, an adult member of the
41	resident's immediate family, if known, and the resident's
42	guardian.
43	(b)  Notice of the agency's intent to close or reduce the
44	resident population of a developmental disabilities institution
45	must be delivered to each resident, an adult member of the
46	resident's immediate family, and the guardian of the resident by
47	registered mail.
48	(c)  The notice must advise the resident, an adult member
49	of the resident's immediate family, or the guardian of the
50	resident that the resident has the right to initiate legal
51	action relating to the notice provision of this subsection and
52	to the closure or reduction in the resident population of the
53	developmental disabilities institution.
54	(3)  PUBLIC HEARING.--
55	(a)  The agency may not close or reduce the resident
56	population of a developmental disabilities institution unless
57	the requirements for a public hearing set forth in this
58	subsection have been met.
59	(b)  If the agency proposes to close or reduce the resident
60	population of a developmental disabilities institution, the
61	Governor and Cabinet must schedule a public hearing.
62	(c)  The Governor and Cabinet must give notice of the
63	public hearing to each resident, an adult member of the
64	resident's immediate family, if known, the guardian of the
65	resident, and each member of the Legislature not less than 90
66	days before the scheduled date of the hearing. Notice of the
67	public hearing shall be by registered mail.
68	(4)  TESTIMONY.--In order to ensure the health, safety, and
69	welfare of each resident affected by the closure or reduction in
70	the resident population of the institution, the public hearing
71	shall include, but need not be limited to, testimony concerning:
72	(a)  The capacity of the community to provide services,
73	including health care, from experienced community providers that
74	have appropriate staff.
75	(b)  The total cost of reducing the resident population or
76	closing the institution.
77	(c)  The effect that a reduction in the resident population
78	or closure of the institution will have on the residents of the
79	institution.
80	(d)  The monitoring and safety systems for individuals in
81	the community that will be in place to protect the health and
82	safety of each resident.
83	(e)  The process that will be used to develop a community
84	living plan for each resident.
85	(f)  The services that are necessary to provide family and
86	guardian involvement in the development of the community living
87	plan.
88	(g)  The responsibility of each state agency and local
89	government for the closure or reduction in the resident
90	population of the institution.
91	(h)  The procedures that will be used to transfer ownership
92	of the institution to another entity or the plan to reuse the
93	property.
94	(i)  The plan of the agency to reemploy the employees of
95	the institution.
96	(j)  Any other issue identified by the Legislature, a
97	resident, a family member or guardian, or other interested
98	party.
99	(5)  ACTION BY GOVERNOR AND CABINET REQUIRED.--
100	(a)  After consideration of the testimony and other
101	evidence, the Governor and Cabinet shall approve or disapprove
102	the plan of the agency to close or reduce the resident
103	population of the developmental disabilities institution.
104	(b)  If the Governor and Cabinet approve the plan of the
105	agency to close or reduce the resident population of a specific
106	developmental disabilities institution, the Governor and Cabinet
107	shall direct the agency to give each affected resident, an adult
108	member of an affected resident's immediate family, if known, and
109	the guardian of an affected resident written assurance that the
110	resident may choose to receive services in another developmental
111	disabilities institution or in a community-based setting.
112	(6)  MAINTENANCE OF EFFORT.--If the Governor and Cabinet
113	approve the agency's plan to close or reduce the resident
114	population of a developmental disabilities institution, the
115	agency shall maintain the level of funding to the institution in
116	the same amount that was allocated to the institution for the
117	year that the closure or reduction of the resident population
118	was approved until the agency's plan to close or reduce the
119	resident population is completed.
120	(7)  FAMILY ADVISORY COUNCIL.--
121	(a)  The Governor and Cabinet shall appoint a family
122	advisory council to advise the Governor and Cabinet on issues
123	affecting the residential services for people with developmental
124	disabilities. The family advisory council shall perform the
125	following duties, including, but not limited to:
126	1.  A review of the state's adherence to federal law and to
127	s. 2, Art. I of the State Constitution as it relates to
128	residential choice.
129	2.  A study of the developmental disabilities institutions
130	in this state, including:
131	a.  The demographics of residents served in the
132	institutions;
133	b.  The cost-effectiveness of current institution programs;
134	c.  The staffing that is necessary to provide quality care;
135	and
136	d.  The possibility of converting a developmental
137	disabilities institution to serve as an outpatient health care
138	and evaluation clinic for people with developmental disabilities
139	who live in the community or in family homes, in order to
140	complement, but not replace, existing inpatient residential,
141	health care, recreational, and therapeutic services in the
142	institution.
143	3.  A study of the waiting list for residential services,
144	including consideration of the ability of community homes and
145	developmental disabilities institutions to serve people on the
146	waiting list.
147	4.  A review of any other issue relating to residential
148	capacity, quality of care, and access for people with
149	developmental disabilities.
150	(b)  The family advisory council shall consist of 21
151	members who are appointed by the Governor and Cabinet as
152	follows:
153	1.  Eight family members or guardians of residents in a
154	developmental disabilities institution, with at least one member
155	representing each operating developmental disabilities
156	institution.
157	2.  Two members representing residents of intermediate care
158	facilities for the developmentally disabled.
159	3.  One member representing the Governor and one member
160	representing each Cabinet officer.
161	4.  One member representing the agency.
162	5.  Three individuals who receive community-based services,
163	or family members or guardians of those individuals.
164	6.  Three members appointed by the Governor and Cabinet.
165	(c)  The family advisory council shall be appointed no
166	later than 6 months after the effective date of this act.
167	(d)  The family advisory council shall meet at least
168	quarterly, or more frequently as needed.
169	(e)  The agency shall provide staff and information support
170	to assist the family advisory council in the performance of its
171	duties.
172	(f)  Members of the family advisory council shall receive
173	no salary, but are entitled to reimbursement for travel and per
174	diem expenses, as provided in s. 112.061, while performing their
175	duties under this subsection.
176	Section 2.  The provisions of this act are retroactive. The
177	Agency for Persons with Disabilities is subject to the
178	provisions of this act on the effective date of this act and
179	shall follow the notice and public hearing procedures for any
180	developmental disabilities institution for which the agency has
181	announced a plan to close or reduce the resident population
182	before the effective date of the act.
183	Section 3.  This act shall take effect upon becoming a law.

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