Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. PCS (366342) for SB 7054
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/03/2016           .                                

       The Committee on Appropriations (Garcia) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 806 - 961
    4  and insert:
    5         Section 8. Effective June 30, 2016, or, if this act fails
    6  to become a law until after that date, effective upon becoming a
    7  law and operating retroactively to June 30, 2016, sections 24
    8  and 26 of chapter 2015-222, Laws of Florida, are repealed.
    9         Section 9. Subsection (15) of section 393.067, Florida
   10  Statutes, is reenacted to read:
   11         393.067 Facility licensure.—
   12         (15) The agency is not required to contract with facilities
   13  licensed pursuant to this chapter.
   14         Section 10. Section 393.18, Florida Statutes, is reenacted
   15  and amended to read:
   16         393.18 Comprehensive transitional education program.—A
   17  comprehensive transitional education program serves individuals
   18  is a group of jointly operating centers or units, the collective
   19  purpose of which is to provide a sequential series of
   20  educational care, training, treatment, habilitation, and
   21  rehabilitation services to persons who have developmental
   22  disabilities, and who have severe or moderate maladaptive
   23  behaviors, severe maladaptive behaviors and co-occurring complex
   24  medical conditions, or a dual diagnosis of developmental
   25  disability and mental illness. However, this section does not
   26  require such programs to provide services only to persons with
   27  developmental disabilities. All such Services provided by the
   28  program must shall be temporary in nature and delivered in a
   29  manner designed to achieve structured residential setting,
   30  having the primary goal of incorporating the principles
   31  principle of self-determination and person-centered planning to
   32  transition individuals to the most appropriate, least
   33  restrictive community living option of their choice which is not
   34  operated as a in establishing permanent residence for persons
   35  with maladaptive behaviors in facilities that are not associated
   36  with the comprehensive transitional education program. The
   37  supervisor of the clinical director of the program licensee must
   38  hold a doctorate degree with a primary focus in behavior
   39  analysis from an accredited university, be a certified behavior
   40  analyst pursuant to s. 393.17, and have at least 1 year of
   41  experience in providing behavior analysis services for
   42  individuals with developmental disabilities. The staff must
   43  shall include behavior analysts and teachers, as appropriate,
   44  who shall be available to provide services in each component
   45  center or unit of the program. A behavior analyst must be
   46  certified pursuant to s. 393.17.
   47         (1) Comprehensive transitional education programs must
   48  shall include a minimum of two component centers or units, one
   49  of which shall be an intensive treatment and educational center
   50  or a transitional training and educational center, which
   51  provides services to persons with maladaptive behaviors in the
   52  following components sequential order:
   53         (a) Intensive treatment and education educational center.
   54  This component provides is a self-contained residential unit
   55  providing intensive behavioral and educational programming for
   56  individuals whose conditions persons with severe maladaptive
   57  behaviors whose behaviors preclude placement in a less
   58  restrictive environment due to the threat of danger or injury to
   59  themselves or others. Continuous-shift staff are shall be
   60  required for this component.
   61         (b) Intensive Transitional training and education
   62  educational center.—This component provides is a residential
   63  unit for persons with moderate maladaptive behaviors providing
   64  concentrated psychological and educational programming that
   65  emphasizes a transition toward a less restrictive environment.
   66  Continuous-shift staff are shall be required for this component.
   67         (c) Community Transition residence.—This component provides
   68  is a residential center providing educational programs and any
   69  support services, training, and care that are needed to assist
   70  persons with maladaptive behaviors to avoid regression to more
   71  restrictive environments while preparing individuals them for
   72  more independent living. Continuous-shift staff are shall be
   73  required for this component.
   74         (d) Alternative living center.—This component is a
   75  residential unit providing an educational and family living
   76  environment for persons with maladaptive behaviors in a
   77  moderately unrestricted setting. Residential staff shall be
   78  required for this component.
   79         (e) Independent living education center.—This component is
   80  a facility providing a family living environment for persons
   81  with maladaptive behaviors in a largely unrestricted setting and
   82  includes education and monitoring that is appropriate to support
   83  the development of independent living skills.
   84         (2) Components of a comprehensive transitional education
   85  program are subject to the license issued under s. 393.067 to a
   86  comprehensive transitional education program and may be located
   87  on a single site or multiple sites as long as such components
   88  are located within the same agency region.
   89         (3) Comprehensive transitional education programs shall
   90  develop individual education plans for each school-aged person
   91  with maladaptive behaviors, severe maladaptive behaviors and co
   92  occurring complex medical conditions, or a dual diagnosis of
   93  development disability and mental illness who receives services
   94  from the program. Each individual education plan shall be
   95  developed in accordance with the criteria specified in 20 U.S.C.
   96  ss. 401 et seq., and 34 C.F.R. part 300. To the extent possible,
   97  educational components of the program, including individual
   98  education plans, must be integrated with the referring school
   99  district of each school-aged resident.
  100         (4) For comprehensive transitional education programs, The
  101  total number of persons in a comprehensive transitional
  102  education program residents who are being provided with services
  103  may not in any instance exceed the licensed capacity of 120
  104  residents, and each residential unit within the component
  105  centers of a the program authorized under this section may not
  106  in any instance exceed 15 residents. However, a program that was
  107  authorized to operate residential units with more than 15
  108  residents before July 1, 2015, may continue to operate such
  109  units.
  110         (5)Any licensee that has executed a settlement agreement
  111  with the agency which is enforceable by the court must comply
  112  with the terms of the settlement agreement or be subject to
  113  grounds for discipline as provided by law and rule.
  114         (6) Beginning July 1, 2016, the agency may approve the
  115  proposed admission or readmission of individuals into a
  116  comprehensive transitional education program for up to 2 years,
  117  subject to a specific review process. The agency may allow an
  118  individual to live in this setting for a longer period of time
  119  if, after a clinical review is conducted by the agency, it is
  120  determined that remaining in the program for a longer period of
  121  time is in the best interest of the individual.
  123         Delete lines 1006 - 1009
  124  and insert:
  125         Section 14. Except as otherwise expressly provided in this
  126  act and except for this section, which shall take effect upon
  127  this act becoming a law, this act shall take effect July 1,
  128  2016.
  130  ================= T I T L E  A M E N D M E N T ================
  131  And the title is amended as follows:
  132         Delete lines 39 - 59
  133  and insert:
  134         defining a term; repealing s. 24 of chapter 2015-222,
  135         Laws of Florida, relating to the abrogation of the
  136         scheduled expiration of an amendment to s.
  137         393.067(15), F.S., and the scheduled reversion of the
  138         text of that section; repealing s. 26 of chapter 2015
  139         222, Laws of Florida, relating to the abrogation of
  140         the scheduled expiration of an amendment to s. 393.18,
  141         F.S., and the scheduled reversion of the text of that
  142         section; reenacting s. 393.067(15), F.S., relating to
  143         contracts between the agency and licensed facilities;
  144         reenacting and amending s. 393.18, F.S.; revising the
  145         purposes of comprehensive transitional education
  146         programs; requiring the supervisor of the clinical
  147         director of such programs to meet specified
  148         requirements; requiring such programs to include
  149         specified components; revising the organization and
  150         operation of the components; requiring components of a
  151         program to be located within the same agency region;
  152         providing for the integration of educational
  153         components with the local school district of school
  154         aged residents; requiring licensees that have entered
  155         into settlement agreements with the agency to comply
  156         with the agreement or face disciplinary action;
  157         authorizing the agency to approve the proposed
  158         admission or readmission of an individual to a program
  159         for a specified period of time; providing for an
  160         extended stay under certain circumstances; amending s.
  161         393.501, F.S.;
  163         Delete line 62
  164  and insert:
  165         cross references; providing effective dates.