Florida Senate - 2017                                     SB 714
       
       
        
       By Senator Garcia
       
       36-01178-17                                            2017714__
    1                        A bill to be entitled                      
    2         An act relating to comprehensive transitional
    3         education programs; amending s. 393.0678, F.S.;
    4         authorizing the Agency for Persons with Disabilities
    5         to petition a court for the appointment of a receiver
    6         for a comprehensive transitional education program
    7         under certain circumstances; amending s. 393.18, F.S.;
    8         providing that no new comprehensive transitional
    9         education programs may be licensed after a specified
   10         date; providing that no licenses may be renewed for
   11         comprehensive transitional education programs after a
   12         certain specified date; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (1) of section 393.0678, Florida
   17  Statutes, is amended to read:
   18         393.0678 Receivership proceedings.—
   19         (1) The agency may petition a court of competent
   20  jurisdiction for the appointment of a receiver for a
   21  comprehensive transitional education program, a residential
   22  habilitation center, or a group home facility owned and operated
   23  by a corporation or partnership when any of the following
   24  conditions exist:
   25         (a) Any person is operating a facility or program without a
   26  license and refuses to make application for a license as
   27  required by s. 393.067.
   28         (b) The licensee is closing the facility or has informed
   29  the department that it intends to close the facility; and
   30  adequate arrangements have not been made for relocation of the
   31  residents within 7 days, exclusive of weekends and holidays, of
   32  the closing of the facility.
   33         (c) The agency determines that conditions exist in the
   34  facility which present an imminent danger to the health, safety,
   35  or welfare of the residents of the facility or which present a
   36  substantial probability that death or serious physical harm
   37  would result therefrom. Whenever possible, the agency shall
   38  facilitate the continued operation of the program.
   39         (d) The licensee cannot meet its financial obligations to
   40  provide food, shelter, care, and utilities. Evidence such as the
   41  issuance of bad checks or the accumulation of delinquent bills
   42  for such items as personnel salaries, food, drugs, or utilities
   43  constitutes prima facie evidence that the ownership of the
   44  facility lacks the financial ability to operate the home in
   45  accordance with the requirements of this chapter and all rules
   46  promulgated thereunder.
   47         Section 2. Subsection (7) is added to section 393.18,
   48  Florida Statutes, to read:
   49         393.18 Comprehensive transitional education program.—A
   50  comprehensive transitional education program serves individuals
   51  who have developmental disabilities, severe maladaptive
   52  behaviors, severe maladaptive behaviors and co-occurring complex
   53  medical conditions, or a dual diagnosis of developmental
   54  disability and mental illness. Services provided by the program
   55  must be temporary in nature and delivered in a manner designed
   56  to achieve the primary goal of incorporating the principles of
   57  self-determination and person-centered planning to transition
   58  individuals to the most appropriate, least restrictive community
   59  living option of their choice which is not operated as a
   60  comprehensive transitional education program. The supervisor of
   61  the clinical director of the program licensee must hold a
   62  doctorate degree with a primary focus in behavior analysis from
   63  an accredited university, be a certified behavior analyst
   64  pursuant to s. 393.17, and have at least 1 year of experience in
   65  providing behavior analysis services for individuals in
   66  developmental disabilities. The staff must include behavior
   67  analysts and teachers, as appropriate, who must be available to
   68  provide services in each component center or unit of the
   69  program. A behavior analyst must be certified pursuant to s.
   70  393.17.
   71         (7) After July 1, 2017, a license may not be granted under
   72  this section to a new comprehensive transitional education
   73  program. After December 31, 2019, a license may not be renewed
   74  for an existing comprehensive transitional education program.
   75         Section 3. This act shall take effect July 1, 2017.