Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/HB 7133, 2nd Eng.
       
       
       
       
       
       
                                Barcode 902062                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/09/2012 03:49 PM       .                                
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       Senator Diaz de la Portilla moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1033 and 1034
    4  insert:
    5         Section 16. Subsections (4) and (6) of section 429.14,
    6  Florida Statutes, are amended to read:
    7         429.14 Administrative penalties.—
    8         (4) The agency shall deny or revoke the license of an
    9  assisted living facility that:
   10         (a) Has two or more class I or class II violations that are
   11  similar or identical to violations identified by the agency
   12  during a survey, inspection, monitoring visit, or complaint
   13  investigation occurring within the previous 2 years; or.
   14         (b) Committed a class I violation that caused the death of
   15  a resident or an intentional or negligent act that, based on a
   16  court’s findings, caused the death of a resident.
   17         (6) The agency shall provide to the local municipality and
   18  the Division of Hotels and Restaurants of the Department of
   19  Business and Professional Regulation, on a monthly basis, a list
   20  of those assisted living facilities that have had their licenses
   21  denied, suspended, or revoked or that are involved in an
   22  appellate proceeding pursuant to s. 120.60 related to the
   23  denial, suspension, or revocation of a license.
   24         Section 17. (1) An assisted living facility that is
   25  licensed to serve residents who are clients of the Department of
   26  Elderly Affairs, the Agency for Persons with Disabilities, the
   27  Department of Juvenile Justice, or the Department of Children
   28  and Family Services or that is licensed by the Agency for Health
   29  Care Administration and is located in a municipality having a
   30  population of more than 375,000, but not more than 700,000, must
   31  maintain 24-hour security at the facility.
   32         (2) An assisted living facility that is licensed to serve
   33  residents who are clients of the Department of Elderly Affairs,
   34  the Agency for Persons with Disabilities, the Department of
   35  Juvenile Justice, or the Department of Children and Family
   36  Services or that is licensed by the Agency for Health Care
   37  Administration must maintain a log of each resident and his or
   38  her transferring department. Each quarter, the facility shall
   39  send its resident logs to the municipality in which the facility
   40  is located. In addition, the facility shall maintain up-to-date
   41  logs in an accessible area on the premises and allow inspection
   42  or copying of the logs within 45 days after a request by the
   43  municipality.
   44  
   45  ================= T I T L E  A M E N D M E N T ================
   46         And the title is amended as follows:
   47         Delete line 94
   48  and insert:
   49         documentation of mental health resident assessments;
   50         amending s. 429.14, F.S.; requiring the revocation of
   51         a facility license for certain violations that result
   52         in the death of a resident; requiring that the Agency
   53         for 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;