Bill Text: FL S2062 | 2011 | Regular Session | Comm Sub
Bill Title: Persons with Developmental Disabilities
Spectrum: Committee Bill
Status: (N/A - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S2062 Detail]
Download: Florida-2011-S2062-Comm_Sub.html
Florida Senate - 2011 CS for SB 2062 By the Committees on Judiciary; and Children, Families, and Elder Affairs 590-04460-11 20112062c1 1 A bill to be entitled 2 An act relating to persons with developmental 3 disabilities; amending s. 393.063, F.S.; redefining 4 the term “developmental disability” as used within ch. 5 393, F.S., to include Down syndrome; defining the term 6 “Down syndrome” as it relates to developmental 7 disabilities; amending s. 393.067, F.S.; prohibiting 8 monitoring requirements that mandate pornographic 9 materials be available in residential facilities that 10 serve clients of the Agency for Persons with 11 Disabilities; amending s. 393.11, F.S.; requiring the 12 court to order a person involuntarily admitted to 13 residential services to be released to the agency for 14 appropriate residential services; forbidding the court 15 from ordering that such person be released directly to 16 a residential service provider; authorizing the agency 17 to transfer a person from one residential setting to 18 another; requiring the agency to notify the committing 19 court of a person’s transfer within a specified time; 20 amending s. 916.1093, F.S.; requiring the agency to 21 ensure that there are sufficient community-based 22 placements for defendants charged with sex offenses; 23 amending s. 916.3025, F.S.; requiring that the court 24 order a person involuntarily admitted to residential 25 services after criminal charges have been dismissed be 26 released to the agency for appropriate residential 27 services; amending s. 1004.55, F.S.; requiring each 28 regional autism center in this state to provide 29 coordination and dissemination of local and regional 30 information regarding available resources for services 31 for children who have developmental disabilities, not 32 just autism or autistic-like disabilities; revising 33 the requirements for the centers with respect to 34 supporting state agencies in developing training; 35 creating a task force to develop input for the 36 creation of certain guidelines and procedures for 37 providers of residential services; providing for 38 membership of the task force; requiring the task force 39 to seek input from certain pertinent entities; 40 requiring the Agency for Persons with Disabilities to 41 provide administrative support to the task force; 42 requiring the task force to submit its findings to the 43 Legislature; providing an effective date. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1. Subsection (9) of section 393.063, Florida 48 Statutes, is amended, present subsections (13) through (40) of 49 that section are redesignated as subsections (14) through (41), 50 respectively, and a new subsection (13) is added to that 51 section, to read: 52 393.063 Definitions.—For the purposes of this chapter, the 53 term: 54 (9) “Developmental disability” means a disorder or syndrome 55 that is attributable to retardation, cerebral palsy, autism, 56 spina bifida, Down syndrome, or Prader-Willi syndrome; that 57 manifests before the age of 18; and that constitutes a 58 substantial handicap that can reasonably be expected to continue 59 indefinitely. 60 (13) “Down syndrome” means a disorder caused by the 61 presence of an extra chromosome 21. 62 Section 2. Subsection (1) of section 393.067, Florida 63 Statutes, is amended to read: 64 393.067 Facility licensure.— 65 (1) The agency shall provide through its licensing 66 authority and by rule license application procedures, provider 67 qualifications, facility and client care standards, requirements 68 for client records, requirements for staff qualifications and 69 training, and requirements for monitoring foster care 70 facilities, group home facilities, residential habilitation 71 centers, and comprehensive transitional education programs that 72 serve agency clients. However, monitoring requirements for 73 foster care facilities, group home facilities, residential 74 habilitation centers, and comprehensive transitional education 75 programs may not mandate that pornographic materials be 76 available in residential facilities that serve the clients of 77 the agency. 78 Section 3. Present paragraph (e) of subsection (8) of 79 section 393.11, Florida Statutes, is redesignated as paragraph 80 (f) and amended, and a new paragraph (e) is added to that 81 subsection, to read: 82 393.11 Involuntary admission to residential services.— 83 (8) ORDER.— 84 (e) If an order of involuntary admission to residential 85 services provided by the agency is entered by the court, the 86 court shall order that the person be released to the agency for 87 receipt of appropriate residential services and may not order 88 the person to be released directly to a residential service 89 provider. 90 (f)(e)Upon receiving the order, the agency shall, within 91 45 days, provide the court with a copy of the person’s family or 92 individual support plan and copies of all examinations and 93 evaluations, outlining the treatment and rehabilitative 94 programs. The agency shall document that the person has been 95 placed in the most appropriate, least restrictive and cost 96 beneficial residential setting. A copy of the family or 97 individual support plan and other examinations and evaluations 98 shall be served upon the person and the person’s counsel at the 99 same time the documents are filed with the court. The agency may 100 transfer a person from one residential setting to another 101 residential setting and must notify the court and the person’s 102 counsel of the transfer within 30 days after the transfer is 103 completed. 104 Section 4. Section 916.1093, Florida Statutes, is amended 105 to read: 106 916.1093 Operation and administration; rules.— 107 (1) The department or agency may enter into contracts and 108 do such things as may be necessary and incidental to assure 109 compliance with and to carry out the provisions of this chapter 110 in accordance with the stated legislative intent. 111 (2) The agency shall ensure that there are a sufficient 112 number of civil facilities providing community-based training 113 for defendants charged with sex offenses so that alternative 114 placement options are available. If the agency determines that 115 there are two or fewer facilities available to provide 116 community-based training for defendants charged with sex 117 offenses, the agency shall immediately procure additional 118 facilities. 119 (3)(2)The department and agency are authorized to adopt 120 rules pursuant to ss. 120.536(1) and 120.54 to implement the 121 provisions of this chapter. Such rules must address the use of 122 restraint and seclusion in forensic facilities and must be 123 consistent with recognized best practices; prohibit inherently 124 dangerous restraint or seclusion procedures; establish 125 limitations on the use and duration of restraint and seclusion; 126 establish measures to ensure the safety of clients and staff 127 during an incident of restraint or seclusion; establish 128 procedures for staff to follow before, during, and after 129 incidents of restraint or seclusion; establish professional 130 qualifications of and training for staff who may order or be 131 engaged in the use of restraint or seclusion; provide data 132 reporting and data collection procedures relating to the use of 133 restraint and seclusion; and provide for the documentation of 134 the use of restraint or seclusion in the client’s facility 135 record. 136 Section 5. Subsection (3) of section 916.3025, Florida 137 Statutes, is amended to read: 138 916.3025 Jurisdiction of committing court.— 139 (3) The committing court shall consider a petition to 140 involuntarily admit a defendant whose charges have been 141 dismissed to residential services provided by the agency and, 142 when applicable, to continue secure placement of such person as 143 provided in s. 916.303. If a defendant whose criminal charges 144 have been dismissed is involuntarily committed to residential 145 services provided by the agency, the committing court shall 146 order that the defendant be released to the agency for receipt 147 of appropriate residential services and may not order that the 148 defendant be released directly to a residential service 149 provider. The committing court shall retain jurisdiction over 150 such person so long as he or she remains in secure placement or 151 is on conditional release as provided in s. 916.304. However, 152 upon request, the court may transfer continuing jurisdiction to 153 the court in the circuit where the defendant resides. The 154 defendant may not be released from an order for secure placement 155 except by order of the court. 156 Section 6. Paragraphs (f) and (g) of subsection (4) of 157 section 1004.55, Florida Statutes, are amended to read: 158 1004.55 Regional autism centers.— 159 (4) Each center shall provide: 160 (f) Coordination and dissemination of local and regional 161 information regarding available resources for services for 162 children who havewith thedevelopmental disabilitiesdescribed163in subsection (1). 164 (g) Support to state agencies in the development of 165 training for early child care providers and educators with 166 respect tothedevelopmental disabilitiesdescribed in167subsection (1). 168 Section 7. The Legislature recognizes the rights of 169 individuals who are developmentally disabled to lead full and 170 rewarding lives. The Legislature also recognizes the state’s 171 obligation to protect vulnerable adults from sexual abuse. 172 (1) In recognition of the social, legal, and environmental 173 complexities associated with this issue, the Agency for Persons 174 with Disabilities shall establish a task force to gather input 175 for the creation of guidelines and procedures for providers of 176 residential services relating to sexual activity among the 177 residents of its facilities. 178 (2) The task force shall consist of the following members: 179 (a) The director of the Agency for Persons with 180 Disabilities or his or her designee. 181 (b) The director of Adult Protective Services in the 182 Department of Children and Family Services. 183 (c) The executive director of The Arc of Florida. 184 (d) A family board member of The Arc of Florida appointed 185 by the executive director of The Arc of Florida. 186 (e) The chair of the Family Care Council Florida. 187 (f) A parent representative from the Family Care Council 188 Florida appointed by the chair of the Family Care Council 189 Florida. 190 (g) A representative from the Developmental Disabilities 191 Council. 192 (h) A representative from Disability Rights Florida. 193 (i) A representative from the Florida courts. 194 (j) A representative from the Florida Prosecuting Attorneys 195 Association. 196 (k) A representative from the Florida Public Defender 197 Association. 198 (l) A staff member of the University Center for Excellence 199 in Developmental Disabilities at the University of South 200 Florida/Center for Inclusive Communities. 201 (m) A self-advocate. 202 (n) A representative from an intensive behavior residential 203 habilitation provider. 204 (o) A member of the Association of Support Coordination 205 Agencies. 206 (3) The task force shall seek input from self-advocates, 207 family members, universities and colleges, and other pertinent 208 entities. 209 (4) The agency shall provide administrative support to the 210 task force. 211 (5) Members of the task force shall serve without 212 compensation, but are entitled to reimbursement for per diem and 213 travel expenses as provided in s. 112.061, Florida Statutes. 214 (6) The task force shall submit a report of its findings to 215 the President of the Senate and the Speaker of the House of 216 Representatives by November 1, 2011. 217 Section 8. This act shall take effect July 1, 2011.