Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS for CS for SB 966
Senate . House
Senator Sobel moved the following:
1 Senate Amendment (with title amendment)
3 Delete lines 2856 - 2983
4 and insert:
5 Section 62. Section 429.19, Florida Statutes, is amended to
7 429.19 Violations; imposition of administrative fines;
9 (1) In addition to the requirements of part II of chapter
10 408, the agency shall impose an administrative fine in the
11 manner provided in chapter 120 for the violation of any
12 provision of this part, part II of chapter 408, and applicable
13 rules by an assisted living facility, for the actions of any
14 person subject to level 2 background screening under s. 408.809,
15 for the actions of any facility employee, or for an intentional
16 or negligent act seriously affecting the health, safety, or
17 welfare of a resident of the facility.
18 (2) Each violation of this part and adopted rules shall be
19 classified according to the nature of the violation and the
20 gravity of its probable effect on facility residents. The agency
21 shall indicate the classification on the written notice of the
22 violation as follows:
23 (a) Class “I” violations are defined in s. 408.813. The
24 agency shall impose an administrative fine of $5,000 for each
25 cited class I violation in a facility that is licensed for fewer
26 than 100 beds at the time of the violation in an amount not less
27 than $5,000 and not exceeding $10,000 for each violation. The
28 agency shall impose an administrative fine of $10,000 for each
29 cited class I violation in a facility that is licensed for 100
30 or more beds at the time of violation. If the noncompliance
31 occurs within the prior 12 months, the fine must be levied for
32 violations that are corrected before an inspection.
33 (b) Class “II” violations are defined in s. 408.813. The
34 agency shall impose an administrative fine of $1,000 for each a
35 cited class II violation in a facility that is licensed for
36 fewer than 100 beds at the time of the violation in an amount
37 not less than $1,000 and not exceeding $5,000 for each
38 violation. The agency shall impose an administrative fine of
39 $5,000 for each cited class II violation in a facility that is
40 licensed for 100 or more beds at the time of the violation.
41 (c) Class “III” violations are defined in s. 408.813. The
42 agency shall impose an administrative fine of $500 for each a
43 cited class III violation in a facility that is licensed for
44 fewer than 100 beds at the time of the violation in an amount
45 not less than $500 and not exceeding $1,000 for each violation.
46 The agency shall impose an administrative fine of $1,000 for
47 each cited class III violation in a facility that is licensed
48 for 100 or more beds at the time of the violation.
49 (d) Class “IV” violations are defined in s. 408.813. The
50 agency shall impose an administrative fine of $100 for each a
51 cited class IV violation in a facility that is licensed for
52 fewer than 100 beds at the time of the violation in an amount
53 not less than $100 and not exceeding $200 for each violation.
54 The agency shall impose an administrative fine of $200 for each
55 cited class IV violation in a facility that is licensed for 100
56 or more beds at the time of the violation.
57 (e) Regardless of the class of violation cited, instead of
58 the fine amounts listed in paragraphs (a)-(d), the agency shall
59 impose an administrative fine of $500 if a facility is found not
60 to be in compliance with the background screening requirements
61 in s. 408.809.
62 (3) For purposes of this section, in determining if a
63 penalty is to be imposed and in fixing the amount of the fine,
64 the agency shall consider the following factors:
65 (a) The gravity of the violation, including the probability
66 that death or serious physical or emotional harm to a resident
67 will result or has resulted, the severity of the action or
68 potential harm, and the extent to which the provisions of the
69 applicable laws or rules were violated.
70 (b) Actions taken by the owner or administrator to correct
72 (c) Any previous violations.
73 (d) The financial benefit to the facility of committing or
74 continuing the violation.
75 (e) The licensed capacity of the facility.
76 (3) (4) Each day of continuing violation after the date
77 established by the agency fixed for correction termination of
78 the violation , as ordered by the agency, constitutes an
79 additional, separate, and distinct violation.
80 (4) (5) An Any action taken to correct a violation shall be
81 documented in writing by the owner or administrator of the
82 facility and verified through followup visits by agency
83 personnel. The agency may impose a fine and, in the case of an
84 owner-operated facility, revoke or deny a facility’s license
85 when a facility administrator fraudulently misrepresents action
86 taken to correct a violation.
87 (5) (6) A Any facility whose owner fails to apply for a
88 change-of-ownership license in accordance with part II of
89 chapter 408 and operates the facility under the new ownership is
90 subject to a fine of $5,000.
91 (6) (7) In addition to any administrative fines imposed, the
92 agency may assess a survey fee, equal to the lesser of one half
93 of the facility’s biennial license and bed fee or $500, to cover
94 the cost of conducting initial complaint investigations that
95 result in the finding of a violation that was the subject of the
96 complaint or monitoring visits conducted under s. 429.28(3)(c)
97 to verify the correction of the violations.
98 (7) (8) During an inspection, the agency shall make a
99 reasonable attempt to discuss each violation with the owner or
100 administrator of the facility, prior to written notification.
101 (8) (9) The agency shall develop and disseminate an annual
102 list of all facilities sanctioned or fined for violations of
103 state standards, the number and class of violations involved,
104 the penalties imposed, and the current status of cases. The list
105 shall be disseminated, at no charge, to the Department of
106 Elderly Affairs, the Department of Health, the Department of
107 Children and Family Services, the Agency for Persons with
108 Disabilities, the area agencies on aging, the Florida Statewide
109 Advocacy Council, and the state and local ombudsman councils.
110 The Department of Children and Family Services shall disseminate
111 the list to service providers under contract to the department
112 who are responsible for referring persons to a facility for
113 residency. The agency may charge a fee commensurate with the
114 cost of printing and postage to other interested parties
115 requesting a copy of this list. This information may be provided
116 electronically or through the agency’s Internet site.
118 ================= T I T L E A M E N D M E N T ================
119 And the title is amended as follows:
120 Delete lines 262 - 264
121 and insert:
122 the agency to impose an administrative fine if a
123 facility is found not to be in compliance with
124 background screening requirements; deleting