Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 966
                                Barcode 914694                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Stargel moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 3073 and 3074
    4  insert:
    5         Section 66. Subsection (2) of section 429.41, Florida
    6  Statutes, is amended to read:
    7         429.41 Rules establishing standards.—
    8         (2) In adopting any rules pursuant to this part, the
    9  department, in conjunction with the agency, shall make distinct
   10  standards for facilities based upon facility size; the types of
   11  care provided; the physical and mental capabilities and needs of
   12  residents; the type, frequency, and amount of services and care
   13  offered; and the staffing characteristics of the facility. Rules
   14  developed pursuant to this section shall not restrict the use of
   15  shared staffing and shared programming in facilities that are
   16  part of retirement communities that provide multiple levels of
   17  care and otherwise meet the requirements of law and rule. If a
   18  continuing care facility licensed under chapter 651 or a
   19  retirement community offering multiple levels of care authorizes
   20  assisted living services in a building or part of a building
   21  designated for independent living, staffing requirements
   22  established in rule apply only to residents who have contracted
   23  for, and are receiving, assisted living services. If a facility
   24  uses flexible beds, staffing requirements established in rule
   25  apply only to residents receiving services through the flexible
   26  bed license provided for by department rule. Except for uniform
   27  firesafety standards, the department shall adopt by rule
   28  separate and distinct standards for facilities with 16 or fewer
   29  beds and for facilities with 17 or more beds. The standards for
   30  facilities with 16 or fewer beds shall be appropriate for a
   31  noninstitutional residential environment, provided that the
   32  structure is no more than two stories in height and all persons
   33  who cannot exit the facility unassisted in an emergency reside
   34  on the first floor. The department, in conjunction with the
   35  agency, may make other distinctions among types of facilities as
   36  necessary to enforce the provisions of this part. Where
   37  appropriate, the agency shall offer alternate solutions for
   38  complying with established standards, based on distinctions made
   39  by the department and the agency relative to the physical
   40  characteristics of facilities and the types of care offered
   41  therein.
   43  ================= T I T L E  A M E N D M E N T ================
   44         And the title is amended as follows:
   45         Between lines 285 and 286
   46  insert:
   47         amending s. 429.41, F.S.; providing that certain
   48         staffing requirements apply only to residents in
   49         continuing care facilities who are receiving the
   50         relevant service;