Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/HB 7133, 2nd Eng.
       
       
       
       
       
       
                                Barcode 629576                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                  Floor: WD            .                                
             03/09/2012 03:49 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Diaz de la Portilla moved the following:
       
    1         Senate Amendment to Amendment (128436) (with title
    2  amendment)
    3  
    4         Delete lines 953 - 966
    5  and insert:
    6         Section 13. Subsections (4) and (6) of section 429.14,
    7  Florida Statutes, are amended to read:
    8         429.14 Administrative penalties.—
    9         (4) The agency shall deny or revoke the license of an
   10  assisted living facility that:
   11         (a) Has two or more class I or class II violations that are
   12  similar or identical to violations identified by the agency
   13  during a survey, inspection, monitoring visit, or complaint
   14  investigation occurring within the previous 2 years; or.
   15         (b) Committed a class I violation that caused the death of
   16  a resident or an intentional or negligent act that, based on a
   17  court’s findings, caused the death of a resident.
   18         (6) The agency shall provide to the local municipality and
   19  the Division of Hotels and Restaurants of the Department of
   20  Business and Professional Regulation, on a monthly basis, a list
   21  of those assisted living facilities that have had their licenses
   22  denied, suspended, or revoked or that are involved in an
   23  appellate proceeding pursuant to s. 120.60 related to the
   24  denial, suspension, or revocation of a license.
   25         Section 14. (1) An assisted living facility that is
   26  licensed to serve residents who are clients of the Department of
   27  Elderly Affairs, the Agency for Persons with Disabilities, the
   28  Department of Juvenile Justice, or the Department of Children
   29  and Family Services or that is licensed by the Agency for Health
   30  Care Administration and is located in a municipality having a
   31  population of more than 375,000, but not more than 700,000, must
   32  maintain 24-hour security at the facility.
   33         (2) An assisted living facility that is licensed to serve
   34  residents who are clients of the Department of Elderly Affairs,
   35  the Agency for Persons with Disabilities, the Department of
   36  Juvenile Justice, or the Department of Children and Family
   37  Services or that is licensed by the Agency for Health Care
   38  Administration must maintain a log of each resident and his or
   39  her transferring department. Each quarter, the facility shall
   40  send its resident logs to the municipality in which the facility
   41  is located. In addition, the facility shall maintain up-to-date
   42  logs in an accessible area on the premises and allow inspection
   43  or copying of the logs within 45 days after a request by the
   44  municipality.
   45  
   46  ================= T I T L E  A M E N D M E N T ================
   47         And the title is amended as follows:
   48         Delete lines 2458 - 2461
   49  and insert:
   50         429.14, F.S.; requiring the revocation of a facility
   51         license for certain violations that result in the
   52         death of a resident; requiring that the Agency for
   53         Health Care Administration provide to a local
   54         municipality a list of assisted living facilities that
   55         have had their licenses denied, suspended, or revoked
   56         or that are involved in an appellate proceeding
   57         related to the denial, suspension, or revocation of a
   58         license; requiring certain assisted living facilities
   59         to maintain 24-hour security and logs on their
   60         residents; providing requirements for maintenance of
   61         the logs; amending s.