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A bill to be entitled

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An act relating to developmental disabilities

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

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legislative intent; requiring the Agency for Persons with

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Disabilities to submit a plan to the Governor and the

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Legislature if the agency or the Legislature proposes to

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close or reduce by a certain percentage the resident

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population of a developmental disabilities institution;

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providing for content of the plan; requiring the Governor

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to approve or disapprove the plan to close or reduce the

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population of an institution; providing that the

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Governor's decision is not binding on the Legislature;

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requiring the agency to provide quarterly reports;

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providing for content of the reports; providing an

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effective date.

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

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     Section 1.  Section 393.35, Florida Statutes, is created to

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read:

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     393.35 Developmental disabilities institutions.--

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     (1) LEGISLATIVE INTENT.--It is the intent of the

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Legislature that:

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     (a) The agency timely notify residents and guardians of

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residents of the Marianna Sunland developmental disabilities

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institution or the Tacachale developmental disabilities

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institution when the agency or the Legislature announces its

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intent to close or reduce the census by 20 percent or more at

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either the Marianna Sunland institution or the Tacachale

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institution. For purposes of this section, "census reduction" or

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"reduce the census" means to reduce the current resident

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population of an institution over a 1-year period that begins on

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July 1 and ends on June 30 annually. Residents placed in the

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institution under court order and residents or their guardians

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who have requested in writing to leave the institution shall not

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be included in the census reduction calculation.

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     (b) The agency provide assurance to residents and their

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guardians that planning for transition to another residential

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setting shall be conducted with the involvement of the residents

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and their guardians, designated family members, or designees and

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shall address the needs of the resident in the most appropriate

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setting.

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     (c) The agency ensure the health and safety of the

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residents of a developmental disabilities institution during a

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transition to closure of or a census reduction of 20 percent or

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more at the institution.

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     (d) The agency conduct a thorough planning process for

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activities associated with closure of or a census reduction of 20

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percent or more at a developmental disabilities institution and

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comply with the provisions of this section.

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     (2) INTENT TO CLOSE OR REDUCE CENSUS OF MARIANNA SUNLAND OR

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TACACHALE DEVELOPMENTAL DISABILITIES INSTITUTIONS.--

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     (a) If the agency or the Legislature announces its intent

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to close or reduce the census by 20 percent or more at either the

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Marianna Sunland developmental disabilities institution or the

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Tacachale developmental disabilities institution after July 1,

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2008, the agency must first provide a report regarding plans

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related to closure of or census reduction at the developmental

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disabilities institution to the Governor, the President of the

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Senate, and the Speaker of the House of Representatives. The

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President of the Senate and the Speaker of the House of

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Representatives shall have 90 days to provide comments to the

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Governor after receipt of notification of intent to close or

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reduce the census by 20 percent or more at the institution. The

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report shall include, but not be limited to, the following

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activities:

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     1. A plan for providing notification of closure or census

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reduction. The agency shall notify each affected resident of the

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institution, the resident's guardian, designated members of the

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resident's family, or a designee of the intent to close or reduce

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the census at the institution. The notice must be delivered by

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registered mail and include the reasons for closure or census

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reduction, the timeline for closure or census reduction

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activities, and contact information for the recipient of the

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notice to obtain additional information.

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     2. A plan for providing education to staff and to residents

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and their guardians, family members, or designees about

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residential placement opportunities available to residents after

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leaving the institution.

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     3. A plan for providing services and other residential

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placements for residents after they leave the institution.

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     4. An assessment of the capacity of service providers and

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their ability to meet the needs of the residents in the

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communities where residents will likely reside after they leave

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the institution.

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     5. A plan for service provider recruitment, development,

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and training, as needed, to ensure that adequate services are

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available to residents as they make the transition into the

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community.

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     6. A plan for monitoring and ensuring safety and service

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quality for residents after they have left the institution.

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     7. A process for developing a support plan that includes

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consultation with the residents and their guardians and provides

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a community living plan for delivering services to those

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residents.

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     8. A process for residents and their guardians to appeal

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the services planned through the support planning process.

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     9. A plan for adjusting employee staffing levels during the

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census reduction or transition to closure to ensure the safety of

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and quality of care for residents and assistance for employees

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seeking new employment.

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     10. A complete timeline for closure of or census reduction

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at the institution that includes a financial plan for the closure

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or census reduction and the projected savings associated with the

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closure or census reduction.

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     11. A communications plan to keep residents, guardians of

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residents, designated family members, employees, and designees

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informed of the progress of the closure or census reduction.

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     12. The responsibility of each state agency involved in the

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closure of or census reduction at the institution.

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     13. A plan for closure activities and the disposition of

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property of the physical plant of the institution.

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     (b) After consideration of comments from the President of

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the Senate and the Speaker of the House of Representatives and

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other evidence, the Governor shall approve or disapprove the plan

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of the agency to close or reduce the census by 20 percent or more

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at the developmental disabilities institution. The Governor's

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approval or disapproval of the closure of or census reduction at

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an institution is not binding on the Legislature.

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     (3) REPORTS ON CLOSURE ACTIVITIES OR CENSUS REDUCTION.--

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     (a) The agency shall provide a quarterly report to the

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Governor, the President of the Senate, and the Speaker of the

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House of Representatives on the progress of the closure of or

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census reduction at an institution and shall post the report on

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the agency's Internet website. This report requirement shall

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apply to the closure of the Gulf Coast Center and any other

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developmental disabilities institution closure or census

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reduction activities approved after July 1, 2008.

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     (b) The report shall document the progress of the plan,

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including, but not limited to, the requirements in subsection

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(2), and shall also include the following:

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     1. The number of residents, guardians, designated family

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members, and designees that have been notified and have yet to be

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notified of the planned closure or census reduction activities.

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     2. Current resident population compared to targeted census

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reduction.

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     3. The locations of residential placements by number and

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type of facilities.

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     4. The number of significant reportable events for

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residents in the institution.

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     5. Statistics that indicate the successful placement of

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residents in locations in the community or in other institutions

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chosen by those residents or their guardians and an assessment of

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the efforts made by the agency in assisting residents and their

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guardians in making those choices.

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     Section 2.  This act shall take effect July 1, 2008.