Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1884
                                Barcode 926644                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Fasano moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 2689 - 2716
    4  and insert:
    5         Section 62. Paragraph (b) of subsection (1) of section
    6  483.23, Florida Statutes, is amended to read:
    7         483.23 Offenses; criminal penalties.—
    8         (1)
    9         (b) The performance of any act specified in paragraph (a)
   10  shall be referred by the agency to the local law enforcement
   11  agency and constitutes a misdemeanor of the second degree,
   12  punishable as provided in s. 775.082 or s. 775.083.
   13  Additionally, the agency may issue and deliver a notice to cease
   14  and desist from such act and may impose by citation an
   15  administrative penalty not to exceed $5,000 per act. Each day
   16  that unlicensed activity continues after issuance of a notice to
   17  cease and desist constitutes a separate act.
   18         Section 63. Subsection (1) of section 483.245, Florida
   19  Statutes, is amended, and subsection (3) is added to that
   20  section, to read:
   21         483.245 Rebates prohibited; penalties.—
   22         (1) It is unlawful for any person to pay or receive any
   23  commission, bonus, kickback, or rebate or engage in any split
   24  fee arrangement in any form whatsoever with any dialysis
   25  facility, physician, surgeon, organization, agency, or person,
   26  either directly or indirectly, for patients referred to a
   27  clinical laboratory licensed under this part. A clinical
   28  laboratory is prohibited from providing, directly or indirectly,
   29  through employees, contractors, an independent staffing company,
   30  lease agreement, or otherwise, personnel to perform any
   31  functions or duties in a physician’s office, or any part of a
   32  physician’s office, for any purpose whatsoever, including for
   33  the collection or handling of specimens, unless the laboratory
   34  and the physician’s office are wholly owned and operated by the
   35  same entity. A clinical laboratory is prohibited from leasing
   36  space within any part of a physician’s office for any purpose,
   37  including for the purpose of establishing a collection station.
   38         (3) The agency shall promptly investigate all complaints of
   39  noncompliance with subsection (1). The agency shall impose a
   40  fine of $5,000 for each separate violation of subsection (1). In
   41  addition, the agency shall deny an application for a license or
   42  license renewal if the applicant, or any other entity with one
   43  or more common controlling interests in the applicant,
   44  demonstrates a pattern of violating subsection (1). A pattern
   45  may be demonstrated by a showing of at least two such
   46  violations.
   48  ================= T I T L E  A M E N D M E N T ================
   49         And the title is amended as follows:
   50         Delete lines 245 - 251
   51  and insert:
   52         license; amending s. 483.23, F.S.; requiring the
   53         agency to refer criminal acts regarding the operation
   54         of a clinical laboratory to a local law enforcement
   55         agency; authorizing the agency to issue and deliver
   56         notice to cease and desist and impose an
   57         administrative penalty for each act; amending s.
   58         483.245, F.S.; providing that a clinical laboratory is
   59         prohibited from providing personnel to perform
   60         functions or duties in a physician’s office unless the
   61         laboratory and the physician’s office are owned and
   62         operated by the same entity; prohibiting a clinical
   63         laboratory from leasing space in a physician’s office;
   64         requiring the agency to investigate complaints, impose
   65         fines, and deny an application for a license or
   66         license renewal under certain circumstances; amending
   67         s. 483.294,