Bill Text: FL S7080 | 2011 | Regular Session | Introduced
Bill Title: Persons with Developmental Disabilities
Spectrum: Committee Bill
Status: (N/A - Dead) 2011-03-23 - Submit as committee bill by Children, Families, and Elder Affairs (SB 2062) [S7080 Detail]
Download: Florida-2011-S7080-Introduced.html
Florida Senate - 2011 (PROPOSED COMMITTEE BILL) SPB 7080 FOR CONSIDERATION By the Committee on Children, Families, and Elder Affairs 586-02558A-11 20117080__ 1 A bill to be entitled 2 An act relating to persons with developmental 3 disabilities; amending s. 393.067, F.S.; prohibiting 4 monitoring requirements that mandate pornographic 5 materials be available in residential facilities that 6 serve clients of the Agency for Persons with 7 Disabilities; amending s. 393.11, F.S.; requiring the 8 court to order a person involuntarily admitted to 9 residential services to be released to the agency for 10 appropriate residential services; forbidding the court 11 from ordering that such person be released directly to 12 a residential service provider; authorizing the agency 13 to transfer a person from one residential setting to 14 another; requiring the agency to notify the committing 15 court of a person’s transfer within a specified time; 16 amending s. 916.1093, F.S.; requiring the agency to 17 ensure that there are sufficient community-based 18 placements for defendants charged with sex offenses; 19 amending s. 916.3025, F.S.; requiring that the court 20 order a person involuntarily admitted to residential 21 services after criminal charges have been dismissed be 22 released to the agency for appropriate residential 23 services; amending s. 916.304, F.S.; prohibiting the 24 court from ordering a conditional release of any 25 defendant to a civil facility in lieu of an 26 involuntary commitment to a forensic facility; 27 requiring the court to order instead that certain 28 inmates be released to the agency under conditional 29 release and placed in a civil facility; authorizing 30 the agency to transfer a person from one residential 31 setting to another; requiring the agency to notify the 32 committing court of a person’s transfer within a 33 specified time; creating a task force to develop input 34 for the creation of certain guidelines and procedures 35 for providers of residential services; providing for 36 membership of the task force; requiring the task force 37 to seek input from certain pertinent entities; 38 requiring the Agency for Persons with Disabilities to 39 provide administrative support to the task force; 40 requiring the task force to submit its findings to the 41 Legislature; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Subsection (1) of section 393.067, Florida 46 Statutes, is amended to read: 47 393.067 Facility licensure.— 48 (1) The agency shall provide through its licensing 49 authority and by rule license application procedures, provider 50 qualifications, facility and client care standards, requirements 51 for client records, requirements for staff qualifications and 52 training, and requirements for monitoring foster care 53 facilities, group home facilities, residential habilitation 54 centers, and comprehensive transitional education programs that 55 serve agency clients. However, monitoring requirements for 56 foster care facilities, group home facilities, residential 57 habilitation centers, and comprehensive transitional education 58 programs may not mandate that pornographic materials be 59 available in residential facilities that serve the clients of 60 the agency. 61 Section 2. Present paragraph (e) of subsection (8) of 62 section 393.11, Florida Statutes, is redesignated as paragraph 63 (f) and amended, and a new paragraph (e) is added to that 64 subsection, to read: 65 393.11 Involuntary admission to residential services.— 66 (8) ORDER.— 67 (e) If an order of involuntary admission to residential 68 services provided by the agency is entered by the court, the 69 court shall order that the person be released to the agency for 70 receipt of appropriate residential services and may not order 71 the person to be released directly to a residential service 72 provider. 73 (f)(e)Upon receiving the order, the agency shall, within 74 45 days, provide the court with a copy of the person’s family or 75 individual support plan and copies of all examinations and 76 evaluations, outlining the treatment and rehabilitative 77 programs. The agency shall document that the person has been 78 placed in the most appropriate, least restrictive and cost 79 beneficial residential setting. A copy of the family or 80 individual support plan and other examinations and evaluations 81 shall be served upon the person and the person’s counsel at the 82 same time the documents are filed with the court. The agency may 83 transfer a person from one residential setting to another 84 residential setting and must notify the court and the person’s 85 counsel of the transfer within 30 days after the transfer is 86 completed. 87 Section 3. Section 916.1093, Florida Statutes, is amended 88 to read: 89 916.1093 Operation and administration; rules.— 90 (1) The department or agency may enter into contracts and 91 do such things as may be necessary and incidental to assure 92 compliance with and to carry out the provisions of this chapter 93 in accordance with the stated legislative intent. 94 (2) The agency shall ensure that there are a sufficient 95 number of civil facilities providing community-based training 96 for defendants charged with sex offenses so that alternative 97 placement options are available. If the agency determines that 98 there are two or fewer facilities available to provide 99 community-based training for defendants charged with sex 100 offenses, the agency shall immediately procure additional 101 facilities. 102 (3)(2)The department and agency are authorized to adopt 103 rules pursuant to ss. 120.536(1) and 120.54 to implement the 104 provisions of this chapter. Such rules must address the use of 105 restraint and seclusion in forensic facilities and must be 106 consistent with recognized best practices; prohibit inherently 107 dangerous restraint or seclusion procedures; establish 108 limitations on the use and duration of restraint and seclusion; 109 establish measures to ensure the safety of clients and staff 110 during an incident of restraint or seclusion; establish 111 procedures for staff to follow before, during, and after 112 incidents of restraint or seclusion; establish professional 113 qualifications of and training for staff who may order or be 114 engaged in the use of restraint or seclusion; provide data 115 reporting and data collection procedures relating to the use of 116 restraint and seclusion; and provide for the documentation of 117 the use of restraint or seclusion in the client’s facility 118 record. 119 Section 4. Subsection (3) of section 916.3025, Florida 120 Statutes, is amended to read: 121 916.3025 Jurisdiction of committing court.— 122 (3) The committing court shall consider a petition to 123 involuntarily admit a defendant whose charges have been 124 dismissed to residential services provided by the agency and, 125 when applicable, to continue secure placement of such person as 126 provided in s. 916.303. If a defendant whose criminal charges 127 have been dismissed is involuntarily committed to residential 128 services provided by the agency, the committing court shall 129 order that the defendant be released to the agency for receipt 130 of appropriate residential services and may not order that the 131 defendant be released directly to a residential service 132 provider. The committing court shall retain jurisdiction over 133 such person so long as he or she remains in secure placement or 134 is on conditional release as provided in s. 916.304. However, 135 upon request, the court may transfer continuing jurisdiction to 136 the court in the circuit where the defendant resides. The 137 defendant may not be released from an order for secure placement 138 except by order of the court. 139 Section 5. Subsection (1) of section 916.304, Florida 140 Statutes, is amended to read: 141 916.304 Conditional release.— 142 (1) Except for an inmate currently serving a prison 143 sentence, the committing court may order a conditional release 144 of any defendant who has been found to be incompetent to proceed 145 due to retardation or autism, based on an approved plan for 146 providing community-based training. The committing criminal 147 court may not order a conditional release of any defendant to a 148 civil facility in lieu of an involuntary commitment to a 149 forensic facility pursuant to s. 916.302 but shall order the 150 conditional release to the agency for placement in a civil 151 facility. Upon a recommendation that community-based training 152 for the defendant is appropriate, a written plan for community 153 based training, including recommendations from qualified 154 professionals, may be filed with the court, with copies to all 155 parties. Such a plan may also be submitted by the defendant and 156 filed with the court, with copies to all parties. The plan must 157 include: 158 (a) Special provisions for residential care and adequate 159 supervision of the defendant, including recommended location of 160 placement. 161 (b) Recommendations for auxiliary services such as 162 vocational training, psychological training, educational 163 services, leisure services, and special medical care. 164 165 In its order of conditional release, the court shall specify the 166 conditions of release based upon the release plan and shall 167 direct the appropriate agencies or persons to submit periodic 168 reports to the courts regarding the defendant’s compliance with 169 the conditions of the release and progress in training, with 170 copies to all parties. The agency may transfer a defendant from 171 one civil facility to another civil facility. The agency shall 172 notify the court of the transfer within 30 days after the 173 transfer is completed. 174 Section 6. The Legislature recognizes the rights of 175 individuals who are developmentally disabled to lead full and 176 rewarding lives. The Legislature also recognizes the state’s 177 obligation to protect vulnerable adults from sexual abuse. 178 (1) In recognition of the social, legal, and environmental 179 complexities associated with this issue, the Agency for Persons 180 with Disabilities shall establish a task force to gather input 181 for the creation of guidelines and procedures for providers of 182 residential services relating to sexual activity among the 183 residents of its facilities. 184 (2) The task force shall consist of the following members: 185 (a) The director of the Agency for Persons with 186 Disabilities or his or her designee. 187 (b) The director of Adult Protective Services in the 188 Department of Children and Family Services. 189 (c) The executive director of The Arc of Florida. 190 (d) A family board member of The Arc of Florida appointed 191 by the executive director of The Arc of Florida. 192 (e) The chair of the Family Care Council Florida. 193 (f) A parent representative from the Family Care Council 194 Florida appointed by the chair of the Family Care Council 195 Florida. 196 (g) A representative from the Developmental Disabilities 197 Council. 198 (h) A representative from Disability Rights Florida. 199 (i) A representative from the Florida courts. 200 (j) A representative from the Florida Prosecuting Attorneys 201 Association. 202 (k) A representative from the Florida Public Defender 203 Association. 204 (3) The task force shall seek input from self-advocates, 205 family members, universities and colleges, and other pertinent 206 entities. 207 (4) The agency shall provide administrative support to the 208 task force. 209 (5) Members of the task force shall serve without 210 compensation, but are entitled to reimbursement for per diem and 211 travel expenses as provided in s. 112.061, Florida Statutes. 212 (6) The task force shall submit a report of its findings to 213 the President of the Senate and the Speaker of the House of 214 Representatives by November 1, 2011. 215 Section 7. This act shall take effect July 1, 2011.