CS/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 submit a plan to the Governor and the
6	Legislature if the agency or the Legislature proposes to
7	close or reduce by a certain percentage the resident
8	population of a developmental disabilities institution;
9	providing for content of the plan; authorizing the
10	Governor to approve the plan to close or reduce the
11	population of an institution; providing that the
12	Governor's decision is not binding on the Legislature;
13	requiring the agency to provide quarterly reports;
14	providing for content of the reports; providing an
15	effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Section 393.35, Florida Statutes, is created to
20	read:
21	393.35  Developmental disabilities institutions.--
22	(1)  LEGISLATIVE INTENT.--It is the intent of the
23	Legislature that:
24	(a)  The agency timely notify residents and guardians of
25	residents of the Marianna Sunland developmental disabilities
26	institution or the Tacachale developmental disabilities
27	institution when the agency or the Legislature announces its
28	intent to close or reduce the census by 20 percent or more at
29	either the Marianna Sunland institution or the Tacachale
30	institution. For purposes of this section, "census reduction" or
31	"reduce the census" means to reduce the current resident
32	population of an institution over a 1-year period that begins on
33	July 1 and ends on June 30 annually. Residents placed in the
34	institution under court order and residents or their guardians
35	who have requested in writing to leave the institution shall not
36	be included in the census reduction calculation.
37	(b)  The agency provide assurance to residents and
38	guardians of residents that planning for transition to another
39	residential setting shall be conducted with the involvement of
40	the residents and their guardians, designated family members, or
41	designees and shall address the needs of the resident in the
42	most appropriate setting.
43	(c)  The agency ensure the health and safety of the
44	residents of a developmental disabilities institution during a
45	transition to closure of or a census reduction of 20 percent or
46	more at the institution.
47	(d)  The agency conduct a thorough planning process for
48	activities associated with closing of or a census reduction of
49	20 percent or more at a developmental disabilities institution
50	and comply with the provisions of this section.
51	(2)  INTENT TO CLOSE OR REDUCE CENSUS OF MARIANNA SUNLAND
52	OR TACACHALE DEVELOPMENTAL DISABILITIES INSTITUTION.--
53	(a)  If the agency or the Legislature announces its intent
54	to close or reduce the census by 20 percent or more at either
55	the Marianna Sunland developmental disabilities institution or
56	the Tacachale developmental disabilities institution after July
57	1, 2007, the agency must first provide a report regarding plans
58	related to closure or reduction of census at the developmental
59	disabilities institution to the Governor, the President of the
60	Senate, and the Speaker of the House of Representatives. The
61	President of the Senate and the Speaker of the House of
62	Representatives shall have 90 days to provide comments to the
63	Governor after receipt of notification of intent to close or
64	reduce the census by 20 percent or more at the institution. The
65	report shall include, but not be limited to, the following
66	activities:
67	1.  A plan for providing notification of closure or
68	reduction of census. The agency shall notify each affected
69	resident of the institution, the resident's guardian, designated
70	members of the resident's family, or a designee of the intent to
71	close or reduce the census at the institution. The notice must
72	be delivered by registered mail and include the reasons for
73	closure or census reduction, the timeline for closure or census
74	reduction activities, and contact information for the recipient
75	of the notice to obtain additional information.
76	2.  A plan for providing education to staff and to
77	residents and their guardians, family members, or designees
78	about residential placement opportunities available to residents
79	after leaving the institution.
80	3.  A plan for providing services and other residential
81	placements for residents after they leave the institution.
82	4.  An assessment of the capacity of service providers and
83	their ability to meet the needs of the residents in the
84	communities where residents will likely reside after they leave
85	the institution.
86	5.  A plan for service provider recruitment, development,
87	and training, as needed, to ensure that adequate services are
88	available to residents as they make the transition into the
89	community.
90	6.  A plan for monitoring and ensuring safety and service
91	quality for residents after they have left the institution.
92	7.  A process for developing a support plan that includes
93	consultation with the residents and guardians of the residents
94	and provides a community living plan for delivering services to
95	those residents.
96	8.  A process for residents and guardians to appeal the
97	services planned through the support planning process.
98	9.  A plan for adjusting employee staffing levels during
99	the census reduction or transition to closure to ensure the
100	safety of and quality of care for residents that includes
101	assistance for employees seeking new employment.
102	10.  A complete timeline for closure of or census reduction
103	at the institution that includes a financial plan for the
104	closure or census reduction and the projected savings associated
105	with the closure or census reduction.
106	11.  A communications plan to keep residents, guardians of
107	residents, designated family members, employees, and designees
108	informed of the progress of the closure or census reduction.
109	12.  The responsibility of each state agency involved in
110	the closure of or census reduction at the institution.
111	13.  A plan for closure activities and the disposition of
112	property of the physical plant of the institution.
113	(b)  After consideration of comments from the President of
114	the Senate and the Speaker of the House of Representatives and
115	other evidence, the Governor shall approve or disapprove the
116	plan of the agency to close or reduce the census by 20 percent
117	or more at the developmental disabilities institution. The
118	Governor's approval or disapproval of closure or census
119	reduction of an institution is not binding on the Legislature.
120	(3)  REPORTS ON CLOSURE ACTIVITIES OR CENSUS REDUCTION.--
121	(a)  The agency shall provide a quarterly report to the
122	Governor, the President of the Senate, and the Speaker of the
123	House of Representatives on the progress of the closure of or
124	census reduction at an institution and shall post the report on
125	the agency's Internet website. This report requirement shall
126	apply to the closure of the Gulf Coast Center and any other
127	developmental disabilities institution census reduction or
128	closure activities approved after July 1, 2007.
129	(b)  The report shall document the progress of the plan,
130	including, but not limited to, the requirements in subsection
131	(2), and shall also include the following:
132	1.  The number of residents, guardians, designated family
133	members, and designees that have been notified and have yet to
134	be notified of the planned closure or census reduction
135	activities.
136	2.  Current resident population compared to targeted census
137	reduction.
138	3.  The locations of residential placements by number and
139	type of facilities.
140	4.  The number of significant reportable events for
141	residents in the institution.
142	5.  Statistics that indicate the successful placement of
143	residents in locations in the community or in other institutions
144	chosen by those residents or their guardians and an assessment
145	of the efforts made by the agency in assisting residents and
146	their guardians in making those choices.
147	Section 2.  This act shall take effect July 1, 2007.

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