Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 966
       
       
       
       
       
       
                                Barcode 512786                          
       
                              LEGISLATIVE ACTION                        
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       Senator Sobel moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 2856 - 2983
    4  and insert:
    5         Section 62. Section 429.19, Florida Statutes, is amended to
    6  read:
    7         429.19 Violations; imposition of administrative fines;
    8  grounds.—
    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 a
   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
   71  violations.
   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.
  117  
  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