Senate Bill sb0402

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    Florida Senate - 2007                                   SB 402

    By Senator Fasano





    11-309B-07

  1                      A bill to be entitled

  2         An act relating to developmental disabilities

  3         institutions; creating s. 393.35, F.S.;

  4         providing legislative intent; requiring the

  5         Agency for Persons with Disabilities to give

  6         written notice to certain specified persons if

  7         the agency proposes to close or reduce the

  8         resident population of a developmental

  9         disabilities institution; providing the content

10         of the notice; requiring the Governor and

11         Cabinet to hold a public hearing; requiring

12         that notice of the public hearing be given in a

13         specified manner; providing the content to be

14         considered at the public hearing; requiring the

15         Governor and Cabinet to approve or disapprove

16         the proposal of the agency; requiring a

17         specified level of funding until the plan is

18         completed; creating a family advisory council;

19         providing duties and responsibilities for the

20         council; providing for membership on the

21         council; providing that the provisions of the

22         act are retroactive; requiring the agency to

23         follow the notice and public-hearing procedures

24         for any developmental disabilities institution

25         for which the agency has announced a plan to

26         close or reduce the resident population;

27         providing an effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

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    Florida Senate - 2007                                   SB 402
    11-309B-07




 1         Section 1.  Section 393.35, Florida Statutes, is

 2  created to read:

 3         393.35  Developmental disabilities institutions.--

 4         (1)  INTENT.--It is the intent of the Legislature that

 5  the Agency for Persons with Disabilities not close or reduce

 6  the resident population of a developmental disabilities

 7  institution unless it has complied with the provisions of this

 8  section.

 9         (2)  NOTICE.--

10         (a)  If the agency intends to take action resulting in

11  the closure of a developmental disabilities institution or in

12  any manner authorizes or encourages the immediate or staged

13  closure of an institution, the agency must provide written

14  notice to the Governor and Cabinet, each resident of the

15  institution, an adult member of the resident's immediate

16  family, if known, and the resident's guardian.

17         (b)  Notice of the agency's intent to close or reduce

18  the resident population of a developmental disabilities

19  institution must be delivered to each resident, an adult

20  member of the resident's immediate family, and the guardian of

21  the resident by registered mail.

22         (c)  The notice must advise the resident, an adult

23  member of the resident's immediate family, or the guardian of

24  the resident that the resident has the right to initiate legal

25  action relating to the notice provision of this subsection and

26  to the closure of the developmental disabilities institution.

27         (3)  PUBLIC HEARING.--

28         (a)  The agency may not close or reduce the resident

29  population of a developmental disabilities institution unless

30  the requirements for a public hearing set forth in this

31  subsection have been met.

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    Florida Senate - 2007                                   SB 402
    11-309B-07




 1         (b)  If the agency proposes to close or reduce the

 2  residential population of a developmental disabilities

 3  institution, the Governor and Cabinet must schedule a public

 4  hearing.

 5         (c)  The Governor and Cabinet must give notice of the

 6  public hearing to each resident, an adult member of the

 7  resident's immediate family, if known, the guardian of the

 8  resident, and each member of the Legislature not less than 90

 9  days before the scheduled date of the hearing. Notice of the

10  public hearing shall be by registered mail.

11         (4)  TESTIMONY.--In order to ensure the health, safety,

12  and welfare of each resident affected by the closure of the

13  institution or the reduction of the resident population, the

14  public hearing shall include, but need not be limited to,

15  testimony concerning:

16         (a)  The capacity of the community to provide services,

17  including health care, from experienced community providers

18  that have appropriate staff.

19         (b)  The total cost of reducing the resident population

20  or closing the institution.

21         (c)  The effect that a reduction in the resident

22  population or closure of the institution will have on the

23  residents of the institution.

24         (d)  The monitoring and safety systems for individuals

25  and in the community which will be in place to protect the

26  health and safety of each resident.

27         (e)  The process that will be used to develop a

28  community living plan for each resident.

29         (f)  The services that are necessary to provide family

30  and guardian involvement in the development of the community

31  living plan.

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    Florida Senate - 2007                                   SB 402
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 1         (g)  The responsibility of each state agency and local

 2  government for the closure or reduction in population of the

 3  institution.

 4         (h)  The procedures that will be used to transfer

 5  ownership of the institution to another entity or the plan to

 6  reuse the property.

 7         (i)  The plan of the agency to reemploy the employees

 8  of the institution.

 9         (j)  Any other issue identified by the Legislature, a

10  resident, a family member or guardian, or other interested

11  party.

12         (5)  ACTION BY GOVERNOR AND CABINET REQUIRED.--

13         (a)  After consideration of the testimony and other

14  evidence, the Governor and Cabinet shall approve or disapprove

15  the plan of the agency to close or reduce the resident

16  population of the developmental disabilities institution.

17         (b)  If the Governor and Cabinet approve the plan of

18  the agency to close or reduce the resident population of a

19  specific developmental disabilities institution, the Governor

20  and Cabinet shall direct the agency to give each affected

21  resident, an adult member of an affected resident's immediate

22  family, if known, and the guardian of an affected resident

23  written assurance that the resident may choose to receive

24  services in another developmental disabilities institution or

25  in a community-based setting.

26         (6)  MAINTENANCE OF EFFORT.--If the Governor and

27  Cabinet approve the agency's plan to close or reduce the

28  resident population of a developmental disabilities

29  institution, the agency shall maintain the level of funding to

30  the institution in the same amount that was allocated to the

31  institution for the year that the closure or reduction of

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    Florida Senate - 2007                                   SB 402
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 1  residents was approved until the agency's plan to close or

 2  reduce the resident population is completed.

 3         (7)  FAMILY ADVISORY COUNCIL.--

 4         (a)  The Governor and Cabinet shall appoint a family

 5  advisory council to advise the Governor and Cabinet on issues

 6  affecting the residential services for people with

 7  developmental disabilities. The family advisory council shall

 8  perform the following duties, including, but not limited to:

 9         1.  A review of the state's adherence to federal law

10  and to s. 2, Art. I of the State Constitution as it relates to

11  residential choice.

12         2.  A study of the developmental disabilities

13  institutions in this state, including:

14         a.  The demographics of residents served in the

15  institutions;

16         b.  The cost-effectiveness of current institution

17  programs;

18         c.  The staffing that is necessary to provide quality

19  care; and

20         d.  The possibility of converting a developmental

21  disabilities institution to serve as an out-patient health

22  care and evaluation clinic for people with developmental

23  disabilities who live in the community or in family homes, in

24  order to complement, but not replace, existing in-patient

25  residential, health care, recreational, and therapeutic

26  services in the institution.

27         3.  A study of the waiting list for residential

28  services, including consideration of the ability of community

29  homes and developmental disabilities institutions to serve

30  people on the waiting list.

31  

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    Florida Senate - 2007                                   SB 402
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 1         4.  A review of any other issue relating to residential

 2  capacity, quality of care, and access for people with

 3  developmental disabilities.

 4         (b)  The family advisory council shall consist of 21

 5  members who are appointed by the Governor and Cabinet as

 6  follows:

 7         1.  Eight family members or guardians of residents in a

 8  developmental disabilities institution, with at least one

 9  member representing each operating developmental disabilities

10  institution.

11         2.  Two members representing residents of intermediate

12  care facilities for the developmentally disabled.

13         3.  One member representing each Cabinet office.

14         4.  One member representing the agency.

15         5.  Three individuals who receive community-based

16  services, or family members or guardians of those individuals.

17         6.  Three members appointed by the Governor and

18  Cabinet.

19         (c)  The family advisory council shall be appointed no

20  later than 6 months after the effective date of this act.

21         (d)  The family advisory council shall meet at least

22  quarterly, or more frequently as needed.

23         (e)  The agency shall provide staff and information

24  support to assist the family advisory council in the

25  performance of its duties.

26         (f)  Members of the family advisory council shall

27  receive no salary, but are entitled to reimbursement for

28  travel and per diem expenses, as provided in s. 112.061, while

29  performing their duties under this subsection.

30         Section 2.  The provisions of this act are retroactive.

31  The Agency for Persons with Disabilities is subject to the

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    Florida Senate - 2007                                   SB 402
    11-309B-07




 1  provisions of this act on the effective date of this act and

 2  shall follow the notice and public-hearing procedures for any

 3  developmental disabilities institution for which the agency

 4  has announced a plan to close or reduce the resident

 5  population before the effective date of the act.

 6         Section 3.  This act shall take effect upon becoming a

 7  law.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Provides legislative intent. Requires the Agency for
      Persons with Disabilities to give written notice to
12    certain specified persons if the agency proposes to close
      or reduce the resident population of a developmental
13    disabilities institution. Requires the Governor and
      Cabinet to hold a public hearing. Requires that notice of
14    the public hearing be given in a specified manner.
      Requires the Governor and Cabinet to approve or
15    disapprove the proposal of the agency. Creates a family
      advisory council and provides duties and responsibilities
16    for the council. Provides for membership criteria for the
      council. Provides that the provisions of the act are
17    retroactive and requires the agency to follow the notice
      and public-hearing procedures for any developmental
18    disabilities institution for which the agency has
      announced a plan to close or reduce the resident
19    population.

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