Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1884
       
       
       
       
       
       
                                Barcode 482684                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/31/2012           .                                
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       The Committee on Health Regulation (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 3049 - 3060
    4  and insert:
    5         Section 64. Subsection (6) of section 429.11 is repealed.
    6         Section 65. Subsection (1) of section 429.294, Florida
    7  Statutes is amended to read:
    8         429.294 Availability of facility records for investigation
    9  of resident’s rights violations and defenses; penalty.—
   10         (1) Failure to provide complete copies of a resident’s
   11  records, including, but not limited to, all medical records and
   12  the resident’s chart, within the control or possession of the
   13  facility within 10 days, in accordance with the provisions of s.
   14  400.141(3)400.145, shall constitute evidence of failure of that
   15  party to comply with good faith discovery requirements and shall
   16  waive the good faith certificate and presuit notice requirements
   17  under this part by the requesting party.
   18         Section 66. Subsections (1) and (5) of section 429.71,
   19  Florida Statutes, are amended to read:
   20         429.71 Classification of violations deficiencies;
   21  administrative fines.—
   22         (1) In addition to the requirements of part II of chapter
   23  408 and in addition to any other liability or penalty provided
   24  by law, the agency may impose an administrative fine on a
   25  provider according to the following classification:
   26         (a) Class I violations are defined in s. 408.813 those
   27  conditions or practices related to the operation and maintenance
   28  of an adult family-care home or to the care of residents which
   29  the agency determines present an imminent danger to the
   30  residents or guests of the facility or a substantial probability
   31  that death or serious physical or emotional harm would result
   32  therefrom. The condition or practice that constitutes a class I
   33  violation must be abated or eliminated within 24 hours, unless a
   34  fixed period, as determined by the agency, is required for
   35  correction. A class I violation deficiency is subject to an
   36  administrative fine in an amount not less than $500 and not
   37  exceeding $1,000 for each violation. A fine may be levied
   38  notwithstanding the correction of the deficiency.
   39         (b) Class II violations are defined in s. 408.813 those
   40  conditions or practices related to the operation and maintenance
   41  of an adult family-care home or to the care of residents which
   42  the agency determines directly threaten the physical or
   43  emotional health, safety, or security of the residents, other
   44  than class I violations. A class II violation is subject to an
   45  administrative fine in an amount not less than $250 and not
   46  exceeding $500 for each violation. A citation for a class II
   47  violation must specify the time within which the violation is
   48  required to be corrected. If a class II violation is corrected
   49  within the time specified, no civil penalty shall be imposed,
   50  unless it is a repeated offense.
   51         (c) Class III violations are defined in s. 408.813 those
   52  conditions or practices related to the operation and maintenance
   53  of an adult family-care home or to the care of residents which
   54  the agency determines indirectly or potentially threaten the
   55  physical or emotional health, safety, or security of residents,
   56  other than class I or class II violations. A class III violation
   57  is subject to an administrative fine in an amount not less than
   58  $100 and not exceeding $250 for each violation. A citation for a
   59  class III violation shall specify the time within which the
   60  violation is required to be corrected. If a class III violation
   61  is corrected within the time specified, no civil penalty shall
   62  be imposed, unless it is a repeated violation offense.
   63         (d) Class IV violations are defined in s. 408.813 those
   64  conditions or occurrences related to the operation and
   65  maintenance of an adult family-care home, or related to the
   66  required reports, forms, or documents, which do not have the
   67  potential of negatively affecting the residents. A provider that
   68  does not correct A class IV violation within the time limit
   69  specified by the agency is subject to an administrative fine in
   70  an amount not less than $50 and not exceeding $100 for each
   71  violation. Any class IV violation that is corrected during the
   72  time the agency survey is conducted will be identified as an
   73  agency finding and not as a violation, unless it is a repeat
   74  violation.
   75         (5) As an alternative to or in conjunction with an
   76  administrative action against a provider, the agency may request
   77  a plan of corrective action that demonstrates a good faith
   78  effort to remedy each violation by a specific date, subject to
   79  the approval of the agency.
   80  
   81  
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84         And the title is amended as follows:
   85         Delete lines 258 - 259
   86  and insert:
   87         committee; repealing subsection (6) of s 429.11,
   88         Florida Statutes, relating to provisional licenses for
   89         assisted living facilities; amending s. 429.294, F.S.,
   90         revising a cross-reference; amending s. 429.915, F.S.;
   91         revising