CODING: Words stricken are deletions; words underlined are additions.


A

The Committee on Elder Affairs & Long Term Care offered the
following:



                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Elder Affairs & Long Term Care offered the

12  following:

13

14         Amendment 

15  remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Subsection (2) of section 400.404, Florida

19  Statutes, is amended to read:

20         400.404  Facilities to be licensed; exemptions.--

21         (2)  The following are exempt from this part:

22         (a)  Any facility, institution, or other place operated

23  by the Federal Government or any agency of the Federal

24  Government.

25         (b)  Any facility or part of a facility licensed under

26  chapter 393 or chapter 394.

27         (c)  Any home or facility approved by the United States

28  Department of Veterans Affairs as a residential care home

29  wherein care is provided exclusively to three or fewer

30  veterans.

31         (d)  Any facility that has been incorporated in this

                                  1

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  state for 50 years or more on or before July 1, 1983, and the

 2  board of directors of which is nominated or elected by the

 3  residents, until the facility is sold or its ownership is

 4  transferred; or any facility, with improvements or additions

 5  thereto, which has existed and operated continuously in this

 6  state for 60 years or more on or before July 1, 1989, is

 7  directly or indirectly owned and operated by a nationally

 8  recognized fraternal organization, is not open to the public,

 9  and accepts only its own members and their spouses as

10  residents.

11         (e)  Any facility certified under chapter 651, or a

12  retirement community, may provide services authorized under

13  this part or part IV of this chapter to its residents who live

14  in single-family homes, duplexes, quadruplexes, or apartments

15  located on the campus without obtaining a license to operate

16  an assisted living facility if residential units within such

17  buildings are used by residents who do not require staff

18  supervision for that portion of the day when personal services

19  are not being delivered and the owner obtains a home health

20  license to provide such services.  However, any building or

21  distinct part of a building on the campus that is designated

22  for persons who receive personal services and require

23  supervision beyond that which is available while such services

24  are being rendered must be licensed in accordance with this

25  part. If a facility provides personal services to residents

26  who do not otherwise require supervision and the owner is not

27  licensed as a home health agency, the buildings or distinct

28  parts of buildings where such services are rendered must be

29  licensed under this part. A resident of a facility that

30  obtains a home health license may contract with a home health

31  agency of his or her choice, provided that the home health

                                  2

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  agency provides liability insurance and workers' compensation

 2  coverage for its employees. Facilities covered by this

 3  exemption may establish policies that give residents the

 4  option of contracting for services and care beyond that which

 5  is provided by the facility to enable them to age in place.

 6  For purposes of this section, a retirement community consists

 7  of a facility licensed under this part or under part II, and

 8  apartments designed for independent living located on the same

 9  campus.

10         (f)  Any residential unit for independent living which

11  is located within a facility certified under chapter 651, or

12  any residential unit which is colocated with a nursing home

13  licensed under part II or colocated with a facility licensed

14  under this part in which services are provided through an

15  outpatient clinic or a nursing home on an outpatient basis.

16         Section 2.  Subsections (1), (2), (3), and (5) of

17  section 400.424, Florida Statutes, are amended, and subsection

18  (8) is added to that section, to read:

19         400.424  Contracts.--

20         (1)  The presence of each resident in a facility shall

21  be covered by a contract, executed at the time of admission or

22  prior thereto, between the licensee and the resident or his or

23  her designee or legal representative. Each party to the

24  contract shall be provided with a duplicate original thereof,

25  and the licensee shall keep on file in the facility all such

26  contracts.  The licensee may shall not destroy or otherwise

27  dispose of any such contract until 5 years after its

28  expiration or such longer period as may be provided in the

29  rules of the department.

30         (2)  Each contract must shall contain express

31  provisions specifically setting forth the services and

                                  3

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  accommodations to be provided by the facility; the rates or

 2  charges; provision for at least 30 days' written notice of a

 3  rate increase; the rights, duties, and obligations of the

 4  residents, other than those specified in s. 400.428; and other

 5  matters that which the parties deem appropriate. Whenever

 6  money is deposited or advanced by a resident in a contract as

 7  security for performance of the contract agreement or as

 8  advance rent for other than the next immediate rental period:

 9         (a)  Such funds shall be deposited held in a banking

10  institution in this state that is. Funds held shall be kept

11  separate from the funds and property of the facility; shall be

12  deposited in a bank savings association, trust company, or

13  credit union located in this state and, if possible, located,

14  if possible, in the same community district in which the

15  facility is located; shall be kept separate from the funds and

16  property of the facility; may not be represented as part of

17  the assets of the facility on financial statements; and shall

18  be used, or otherwise expended, only for the account of the

19  resident.

20         (b)  The licensee shall, within 30 days of receipt of

21  advance rent or a security deposit, notify the resident or

22  residents in writing of the manner in which the licensee is

23  holding the advance rent or security deposit and state the

24  name and address of the depository where the moneys are being

25  held. The licensee shall notify residents of the facility's

26  policy on advance deposits.

27         (3)(a)  The contract shall include a refund policy to

28  be implemented at the time of a resident's transfer,

29  discharge, or death.  The refund policy shall provide that the

30  resident or responsible party is entitled to a prorated refund

31  based on the daily rate for any unused portion of payment

                                  4

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  beyond the termination date after all charges, including the

 2  cost of damages to the residential unit resulting from

 3  circumstances other than normal use, have been paid to the

 4  licensee.  For the purpose of this paragraph, the termination

 5  date shall be the date the unit is vacated by the resident and

 6  cleared of all personal belongings.  If the amount of

 7  belongings does not preclude renting the unit, the facility

 8  may clear the unit and charge the resident or his or her

 9  estate for moving and storing the items at a rate equal to the

10  actual cost to the facility, not to exceed 20 percent of the

11  regular rate for the unit, provided that 14 days' advance

12  written notification is given.  If the resident's possessions

13  are not claimed within 45 days after notification, the

14  facility may dispose of them.  The contract shall also specify

15  any other conditions under which claims will be made against

16  the refund due the resident.  Except in the case of death or a

17  discharge due to medical reasons, the refunds shall be

18  computed in accordance with the notice of relocation

19  requirements specified in the contract.  However, a resident

20  may not be required to provide the licensee with more than 30

21  days' notice of termination.  If after a contract is

22  terminated, the facility intends to make a claim against a

23  refund due the resident, the facility shall notify the

24  resident or responsible party in writing of the claim and

25  shall provide said party with a reasonable time period of no

26  less than 14 calendar days to respond.  The facility shall

27  provide a refund to the resident or responsible party within

28  45 days after the transfer, discharge, or death of the

29  resident. The agency shall impose a fine upon a facility that

30  fails to comply with the refund provisions of the paragraph,

31  which fine shall be equal to three times the amount due to the

                                  5

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  resident. One-half of the fine shall be remitted to the

 2  resident or his or her estate, and the other half to the

 3  Health Care Trust Fund to be used for the purpose specified in

 4  s. 400.418.

 5         (b)  If a licensee agrees to reserve a bed for a

 6  resident who is admitted to a medical facility, including, but

 7  not limited to, a nursing home, health care facility, or

 8  psychiatric facility, the resident or his or her responsible

 9  party shall notify the licensee of any change in status that

10  would prevent the resident from returning to the facility.

11  Until such notice is received, the agreed upon daily rate may

12  be charged by the licensee.

13         (c)  The purpose of any advance payment and a refund

14  policy for such payment, including any advance payment for

15  housing, meals, lodging, or personal services, shall be

16  covered in the contract.

17         (5)  Neither the No contract nor, or any provision

18  thereof relieves, shall be construed to relieve any licensee

19  of any requirement or obligation imposed upon it by this part

20  or rules adopted under this part act or by standards or rules

21  in force pursuant thereto.

22         (8)  The department may by rule clarify terms,

23  establish procedures, clarify refund policies and contract

24  provisions, and specify documentation as necessary to

25  administer this section.

26         Section 3.  Subsections (2), (3), and (7) of section

27  400.427, Florida Statutes, are amended, and subsection (8) is

28  added to that section, to read:

29         400.427  Property and personal affairs of residents.--

30         (2)  A facility, or an owner, administrator, employee,

31  or representative thereof, may not act as the guardian,

                                  6

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  trustee, or conservator for any resident of the assisted

 2  living facility or any of such resident's property.  An owner,

 3  administrator, or staff member, or representative thereof, may

 4  not act as a competent resident's payee for social security,

 5  veteran's, or railroad benefits without the consent of the

 6  resident.  Any facility whose owner, administrator, or staff,

 7  or representative thereof, serves as representative payee for

 8  any resident of the facility shall file a surety bond with the

 9  agency in an amount equal to twice the average monthly

10  aggregate income or personal funds due to residents, or

11  expendable for their account, which are received by a

12  facility.  Any facility whose owner, administrator, or staff,

13  or a representative thereof, is granted power of attorney for

14  any resident of the facility shall file a surety bond with the

15  agency for each resident for whom such power of attorney is

16  granted.  The surety bond shall be in an amount equal to twice

17  the average monthly income of the resident, plus the value of

18  any resident's other property of the resident, which income

19  and property are under the control of the attorney in fact.

20  The bond shall be executed by the facility as principal and a

21  licensed surety company authorized and licensed to do business

22  in the state as surety.  The bond shall be conditioned upon

23  the faithful compliance of the facility with this section and

24  shall run to the agency for the benefit of any resident who

25  suffers a financial loss as a result of the misuse or

26  misappropriation by a facility of funds held pursuant to this

27  subsection.  Any surety company that which cancels or does not

28  renew the bond of any licensee shall notify the agency in

29  writing not less than 30 days in advance of such action,

30  giving the reason for the cancellation or nonrenewal. The

31  agency, in cooperation with insurance companies, associations,

                                  7

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  and organizations representing facilities licensed under this

 2  part, and the Department of Insurance shall develop procedures

 3  to implement the bonding requirements of this subsection.  Any

 4  facility owner, administrator, or staff, or representative

 5  thereof, who is granted power of attorney for any resident of

 6  the facility shall, on a monthly basis, be required to provide

 7  the resident a written statement of any transaction made on

 8  behalf of the resident pursuant to this subsection, and a copy

 9  of such statement given to the resident shall be retained in

10  the facility in each resident's file and available for agency

11  inspection.

12         (3)  A facility, upon mutual consent with the resident,

13  shall provide for the safekeeping in the facility of personal

14  effects not in excess of $500 and funds of the resident not in

15  excess of $200 cash, and.  A facility shall keep complete and

16  accurate records of all such funds and personal effects

17  received for safekeeping.  If When a resident is absent from a

18  facility for 24 hours or more, the facility may provide for

19  the safekeeping of the resident's personal effects in excess

20  of $500.

21         (7)  In the event of the death of a resident, a

22  licensee shall return all refunds, funds, and property held in

23  trust to the resident's personal representative, if one has

24  been appointed at the time the facility disburses such funds,

25  and, if not, to the resident's spouse or adult next of kin

26  named in a beneficiary designation form provided by the

27  facility to the resident. If In the event the resident has no

28  spouse or adult next of kin or such person cannot be located,

29  funds due the resident shall be placed in an interest-bearing

30  account, and all property held in trust by the facility shall

31  be safeguarded until such time as the funds and property are

                                  8

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  disbursed pursuant to the Florida Probate Code.  Such funds

 2  shall be kept separate from the funds and property of the

 3  facility and other residents of the facility. If In the event

 4  the funds of the deceased resident are not disbursed pursuant

 5  to the provisions of the Florida Probate Code within 2 years

 6  after of the resident's death, the funds shall be deposited in

 7  the Health Care Trust Fund administered by the agency as

 8  provided in s. 400.418.

 9         (8)  The department may by rule clarify terms and

10  specify procedures and documentation necessary to administer

11  the provisions of this section relating to the proper

12  management of residents' funds and personal property and the

13  execution of surety bonds.

14         Section 4.  Section 400.4275, Florida Statutes, is

15  created to read:

16         400.4275  Business practice; personnel records;

17  liability insurance.--The assisted living facility shall be

18  administered on a sound financial basis that is consistent

19  with good business practices.

20         (1)  The administrator or owner of a facility shall

21  maintain accurate business records that identify, summarize,

22  and classify funds received and expenses disbursed and shall

23  use written accounting procedures and a recognized accounting

24  system.

25         (2)  The administrator or owner of a facility shall

26  maintain personnel records for each staff member which

27  contain, at a minimum, documentation of background screening,

28  if applicable, documentation of compliance with all training

29  requirements of this part or applicable rule, and a copy of

30  all licenses or certification held by each staff who performs

31  services for which licensure or certification is required

                                  9

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  under this part or rule.

 2         (3)  The administrator or owner of a facility shall

 3  maintain liability insurance coverage that is in force at all

 4  times.

 5         (4)  The department may by rule clarify terms,

 6  establish requirements for financial records, accounting

 7  procedures, personnel procedures, insurance coverage, and

 8  reporting procedures, and specify documentation as necessary

 9  to implement the requirements of this section.

10         Section 5.  Subsections (1) and (3) of section 400.441,

11  Florida Statutes, are amended to read:

12         400.441  Rules establishing standards.--

13         (1)  It is the intent of the Legislature that rules

14  published and enforced pursuant to this section shall include

15  criteria by which a reasonable and consistent quality of

16  resident care and quality of life may be ensured and the

17  results of such resident care may be demonstrated.  Such rules

18  shall also ensure a safe and sanitary environment that is

19  residential and noninstitutional in design or nature.  It is

20  further intended that reasonable efforts be made to

21  accommodate the needs and preferences of residents to enhance

22  the quality of life in a facility. In order to provide safe

23  and sanitary facilities and the highest quality of resident

24  care accommodating the needs and preferences of residents, the

25  department, in consultation with the agency, the Department of

26  Children and Family Services, and the Department of Health and

27  Rehabilitative Services, shall adopt rules, policies, and

28  procedures to administer this part, which must include

29  reasonable and fair minimum standards in relation to:

30         (a)  The requirements for and maintenance of

31  facilities, not in conflict with the provisions of chapter

                                  10

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  553, relating to plumbing, heating, lighting, ventilation,

 2  living space, and other housing conditions, which will ensure

 3  the health, safety, and comfort of residents and protection

 4  from fire hazard, including adequate provisions for fire alarm

 5  and other fire protection suitable to the size of the

 6  structure. Uniform firesafety standards shall be established

 7  and enforced by the State Fire Marshal in cooperation with the

 8  agency, the department, and the Department of Health and

 9  Rehabilitative Services.

10         1.  Evacuation capability determination.--

11         a.  The provisions of the National Fire Protection

12  Association, NFPA 101A, Chapter 5, 1995 edition, shall be used

13  for determining the ability of the residents, with or without

14  staff assistance, to relocate from or within a licensed

15  facility to a point of safety as provided in the fire codes

16  adopted herein.  An evacuation capability evaluation for

17  initial licensure shall be conducted within 6 months after the

18  date of licensure.  For existing licensed facilities that are

19  not equipped with an automatic fire sprinkler system, the

20  administrator shall evaluate the evacuation capability of

21  residents at least annually. The evacuation capability

22  evaluation for each facility not equipped with an automatic

23  fire sprinkler system shall be validated, without liability,

24  by the State Fire Marshal, by the local fire marshal, or by

25  the local authority having jurisdiction over firesafety,

26  before the license renewal date.  If the State Fire Marshal,

27  local fire marshal, or local authority having jurisdiction

28  over firesafety has reason to believe that the evacuation

29  capability of a facility as reported by the administrator may

30  have changed, it may, with assistance from the facility

31  administrator, reevaluate the evacuation capability through

                                  11

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  timed exiting drills. Translation of timed fire exiting drills

 2  to evacuation capability may be determined:

 3         (I)  Three minutes or less: prompt.

 4         (II)  More than 3 minutes, but not more than 13

 5  minutes: slow.

 6         (III)  More than 13 minutes: impractical.

 7         b.  The Office of the State Fire Marshal shall provide

 8  or cause the provision of training and education on the proper

 9  application of Chapter 5, NFPA 101A, 1995 edition, to its

10  employees, to staff of the Agency for Health Care

11  Administration who are responsible for regulating facilities

12  under this part, and to local governmental inspectors. The

13  Office of the State Fire Marshal shall provide or cause the

14  provision of this training within its existing budget, but may

15  charge a fee for this training to offset its costs. The

16  initial training must be delivered within 6 months after July

17  1, 1995, and as needed thereafter.

18         c.  The Office of the State Fire Marshal, in

19  cooperation with provider associations, shall provide or cause

20  the provision of a training program designed to inform

21  facility operators on how to properly review bid documents

22  relating to the installation of automatic fire sprinklers.

23  The Office of the State Fire Marshal shall provide or cause

24  the provision of this training within its existing budget, but

25  may charge a fee for this training to offset its costs.  The

26  initial training must be delivered within 6 months after July

27  1, 1995, and as needed thereafter.

28         d.  The administrator of a licensed facility shall sign

29  an affidavit verifying the number of residents occupying the

30  facility at the time of the evacuation capability evaluation.

31         2.  Firesafety requirements.--

                                  12

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1         a.  Except for the special applications provided

 2  herein, effective January 1, 1996, the provisions of the

 3  National Fire Protection Association, Life Safety Code, NFPA

 4  101, 1994 edition, Chapter 22 for new facilities and Chapter

 5  23 for existing facilities shall be the uniform fire code

 6  applied by the State Fire Marshal for assisted living

 7  facilities, pursuant to s. 633.022.

 8         b.  Any new facility, regardless of size, that applies

 9  for a license on or after January 1, 1996, must be equipped

10  with an automatic fire sprinkler system.  The exceptions as

11  provided in section 22-2.3.5.1, NFPA 101, 1994 edition, as

12  adopted herein, apply to any new facility housing eight or

13  fewer residents.  On July 1, 1995, local governmental entities

14  responsible for the issuance of permits for construction shall

15  inform, without liability, any facility whose permit for

16  construction is obtained prior to January 1, 1996, of this

17  automatic fire sprinkler requirement.  As used in this part,

18  the term "a new facility" does not mean an existing facility

19  that has undergone change of ownership.

20         c.  Notwithstanding any provision of s. 633.022 or of

21  the National Fire Protection Association, NFPA 101A, Chapter

22  5, 1995 edition, to the contrary, any existing facility

23  housing eight or fewer residents is not required to install an

24  automatic fire sprinkler system, nor to comply with any other

25  requirement in Chapter 23 of NFPA 101, 1994 edition, that

26  exceeds the firesafety requirements of NFPA 101, 1988 edition,

27  that applies to this size facility, unless the facility has

28  been classified as impractical to evacuate. Any existing

29  facility housing eight or fewer residents that is classified

30  as impractical to evacuate must install an automatic fire

31  sprinkler system within the timeframes granted in this

                                  13

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  section.

 2         d.  Any existing facility that is required to install

 3  an automatic fire sprinkler system under this paragraph need

 4  not meet other firesafety requirements of Chapter 23, NFPA

 5  101, 1994 edition, which exceed the provisions of NFPA 101,

 6  1988 edition.  The mandate contained in this paragraph which

 7  requires certain facilities to install an automatic fire

 8  sprinkler system supersedes any other requirement.

 9         e.  This paragraph does not supersede the exceptions

10  granted in NFPA 101, 1988 edition or 1994 edition.

11         f.  This paragraph does not exempt facilities from

12  other firesafety provisions adopted under s. 633.022 and local

13  building code requirements in effect before July 1, 1995.

14         g.  A local government may charge fees only in an

15  amount not to exceed the actual expenses incurred by local

16  government relating to the installation and maintenance of an

17  automatic fire sprinkler system in an existing and properly

18  licensed assisted living facility structure as of January 1,

19  1996.

20         h.  If a licensed facility undergoes major

21  reconstruction or addition to an existing building on or after

22  January 1, 1996, the entire building must be equipped with an

23  automatic fire sprinkler system.  Major reconstruction of a

24  building means repair or restoration that costs in excess of

25  50 percent of the value of the building as reported on the tax

26  rolls, excluding land, before reconstruction.  Multiple

27  reconstruction projects within a 5-year period the total costs

28  of which exceed 50 percent of the initial value of the

29  building at the time the first reconstruction project was

30  permitted are to be considered as major reconstruction.

31  Application for a permit for an automatic fire sprinkler

                                  14

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  system is required upon application for a permit for a

 2  reconstruction project that creates costs that go over the

 3  50-percent threshold.

 4         i.  Any facility licensed before January 1, 1996, that

 5  is required to install an automatic fire sprinkler system

 6  shall ensure that the installation is completed within the

 7  following timeframes based upon evacuation capability of the

 8  facility as determined under subparagraph 1.:

 9         (I)  Impractical evacuation capability, 24 months.

10         (II)  Slow evacuation capability, 48 months.

11         (III)  Prompt evacuation capability, 60 months.

12

13  The beginning date from which the deadline for the automatic

14  fire sprinkler installation requirement must be calculated is

15  upon receipt of written notice from the local fire official

16  that an automatic fire sprinkler system must be installed. The

17  local fire official shall send a copy of the document

18  indicating the requirement of a fire sprinkler system to the

19  Agency for Health Care Administration.

20         j.  It is recognized that the installation of an

21  automatic fire sprinkler system may create financial hardship

22  for some facilities.  The appropriate local fire official

23  shall, without liability, grant two 1-year extensions to the

24  timeframes for installation established herein, if an

25  automatic fire sprinkler installation cost estimate and proof

26  of denial from two financial institutions for a construction

27  loan to install the automatic fire sprinkler system are

28  submitted.  However, for any facility with a class I or class

29  II, or a history of uncorrected class III, firesafety

30  deficiencies, an extension must not be granted.  The local

31  fire official shall send a copy of the document granting the

                                  15

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  time extension to the Agency for Health Care Administration.

 2         k.  A facility owner whose facility is required to be

 3  equipped with an automatic fire sprinkler system under Chapter

 4  23, NFPA 101, 1994 edition, as adopted herein, must disclose

 5  to any potential buyer of the facility that an installation of

 6  an automatic fire sprinkler requirement exists.  The sale of

 7  the facility does not alter the timeframe for the installation

 8  of the automatic fire sprinkler system.

 9         l.  Existing facilities required to install an

10  automatic fire sprinkler system as a result of

11  construction-type restrictions in Chapter 23, NFPA 101, 1994

12  edition, as adopted herein, or evacuation capability

13  requirements shall be notified by the local fire official in

14  writing of the automatic fire sprinkler requirement, as well

15  as the appropriate date for final compliance as provided in

16  this subparagraph.  The local fire official shall send a copy

17  of the document to the Agency for Health Care Administration.

18         m.  Except in cases of life-threatening fire hazards,

19  if an existing facility experiences a change in the evacuation

20  capability, or if the local authority having jurisdiction

21  identifies a construction-type restriction, such that an

22  automatic fire sprinkler system is required, it shall be

23  afforded time for installation as provided in this

24  subparagraph.

25         n.  There is created a study-work group consisting of

26  representatives of the Office of the State Fire Marshal,

27  Florida Fire Chiefs' Association, Florida Fire Marshals'

28  Association, Florida Assisted Living Association, Florida

29  Association of Homes for the Aging, Florida Health Care

30  Association, Florida League of Cities, Florida Association of

31  Counties, Florida State Firemen's Association, Building

                                  16

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  Officials' Association of Florida, the Aging and Adult

 2  Services Program Office of the Department of Health and

 3  Rehabilitative Services, and the Agency for Health Care

 4  Administration.  Each entity involved shall select its

 5  representative to the study-work group.  The Florida Fire

 6  Chiefs' Association shall coordinate study-work group

 7  activities. The study-work group shall examine the National

 8  Fire Protection Association, NFPA 101, Chapter 23, 1994

 9  edition, and shall report to the Legislature by December 31,

10  1995, its recommendations for firesafety standards that will

11  provide a reasonable level of firesafety for the protection of

12  assisted living facility residents without imposing

13  unnecessary economic impact on facilities regulated under this

14  part. Expenses incurred while participating in this study-work

15  group activity shall be borne by the participants.

16

17  Facilities that are fully sprinkled and in compliance with

18  other firesafety standards are not required to conduct more

19  than one of the required fire drills between the hours of 11

20  p.m. and 7 a.m., per year.  In lieu of the remaining drills,

21  staff responsible for residents during such hours may be

22  required to participate in a mock drill that includes a review

23  of evacuation procedures. Such standards must be included or

24  referenced in the rules adopted by the department after

25  consultation with the State Fire Marshal. Pursuant to s.

26  633.022(1)(b), the State Fire Marshal is the final

27  administrative authority for firesafety standards established

28  and enforced pursuant to this section. All licensed facilities

29  must have an annual fire inspection conducted by the local

30  fire marshal or authority having jurisdiction.

31         (b)  The preparation and annual update of a

                                  17

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  comprehensive emergency management plan.  Such standards must

 2  be included in the rules adopted by the department after

 3  consultation with the Department of Community Affairs.  At a

 4  minimum, the rules must provide for plan components that

 5  address emergency evacuation transportation; adequate

 6  sheltering arrangements; postdisaster activities, including

 7  provision of emergency power, food, and water; postdisaster

 8  transportation; supplies; staffing; emergency equipment;

 9  individual identification of residents and transfer of

10  records; communication with families; and responses to family

11  inquiries.  The comprehensive emergency management plan is

12  subject to review and approval by the local emergency

13  management agency. During its review, the local emergency

14  management agency shall ensure that the following agencies, at

15  a minimum, are given the opportunity to review the plan:  the

16  Department of Elderly Affairs, the Department of Health and

17  Rehabilitative Services, the Agency for Health Care

18  Administration, and the Department of Community Affairs.

19  Also, appropriate volunteer organizations must be given the

20  opportunity to review the plan.  The local emergency

21  management agency shall complete its review within 60 days and

22  either approve the plan or advise the facility of necessary

23  revisions.

24         (c)  The number, training, and qualifications of all

25  personnel having responsibility for the care of residents.

26  The rules must require adequate staff to provide for the

27  safety of all residents.  Facilities licensed for 17 or more

28  residents are required to maintain an alert staff for 24 hours

29  per day.

30         (d)  All sanitary conditions within the facility and

31  its surroundings, including water supply, sewage disposal,

                                  18

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  food handling, and general hygiene, and maintenance thereof,

 2  which will ensure the health and comfort of residents.  The

 3  rules must clearly delineate the responsibilities of the

 4  agency's licensure and survey staff, and the responsibilities

 5  of the county health departments, and the local authority

 6  having jurisdiction over fire safety and ensure that

 7  inspections are not duplicative.  The agency may collect fees

 8  for food service inspections conducted by the county health

 9  departments and transfer such fees to the Department of Health

10  and Rehabilitative Services.

11         (e)  License application and license renewal, transfer

12  of ownership, proper management of resident funds and personal

13  property, surety bonds, resident contracts, refund policies,

14  financial ability to operate, and facility and staff records.

15         (f)(e)  Inspections, complaint investigations,

16  moratoriums, classification of deficiencies,

17         The levying and enforcement of penalties, and use of

18  income from fees and fines.

19         (g)(f)  The enforcement of the resident bill of rights

20  specified in s. 400.428.

21         (h)(g)  The care and maintenance of residents, which

22  must include, but is not limited to:

23         1.  The supervision of residents;

24         2.1.  The provision of personal services;

25         3.2.  The provision of, or arrangement for, social and

26  leisure activities;

27         4.3.  The arrangement for appointments and

28  transportation to appropriate medical, dental, nursing, or

29  mental health services, as needed by residents;

30         4.  The provision of limited nursing services;

31         5.  The management of medication; The provision of

                                  19

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  extended congregate care services; and

 2         6.  The nutritional needs of residents; and The

 3  provision of limited mental health services.

 4         7.  Resident records.

 5         (i)  Facilities holding a limited nursing, extended

 6  congregate care, or limited mental health license.

 7         (j)(h)  The establishment of specific criteria to

 8  define appropriateness of resident admission and continued

 9  residency in a facility holding a standard, limited nursing,

10  extended congregate care, and limited mental health license.

11         (k)(i)  The definition and use of physical or chemical

12  restraints.  The use of physical restraints is limited to

13  half-bed rails as prescribed and documented by the resident's

14  physician with the consent of the resident or, if applicable,

15  the resident's representative or designee or the resident's

16  surrogate, guardian, or attorney in fact.  The use of chemical

17  restraints is limited to prescribed dosages of medications

18  authorized by the resident's physician and must be consistent

19  with the resident's diagnosis. Residents who are receiving

20  medications that can serve as chemical restraints must be

21  evaluated by their physician at least annually to assess:

22         1.  The continued need for the medication.

23         2.  The level of the medication in the resident's

24  blood.

25         3.  The need for adjustments in the prescription.

26         (3)  The department shall submit a copy of proposed

27  rules to the Speaker of the House of Representatives, the

28  President of the Senate, and appropriate committees of

29  substance for review and comment prior to the promulgation

30  thereof.

31         (a)  Rules promulgated by the department shall

                                  20

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  encourage the development of homelike facilities which promote

 2  the dignity, individuality, personal strengths, and

 3  decisionmaking ability of residents.

 4         (b)  The agency, in consultation with the department,

 5  may waive rules promulgated pursuant to this part in order to

 6  demonstrate and evaluate innovative or cost-effective

 7  congregate care alternatives which enable individuals to age

 8  in place.  Such waivers may be granted only in instances where

 9  there is reasonable assurance that the health, safety, or

10  welfare of residents will not be endangered.  To apply for a

11  waiver, the licensee shall submit to the agency a written

12  description of the concept to be demonstrated, including

13  goals, objectives, and anticipated benefits; the number and

14  types of residents who will be affected, if applicable; a

15  brief description of how the demonstration will be evaluated;

16  and any other information deemed appropriate by the agency.

17  Any facility granted a waiver shall submit a report of

18  findings to the agency and the department within 12 months.

19  At such time, the agency may renew or revoke the waiver or

20  pursue any regulatory or statutory changes necessary to allow

21  other facilities to adopt the same practices. The department

22  may by rule clarify terms and establish waiver application

23  procedures, criteria for reviewing waiver proposals, and

24  procedures for reporting findings, as necessary to implement

25  this subsection.

26         Section 6.  Subsection (3) is added to section 400.442,

27  Florida Statutes, to read:

28         400.442  Pharmacy and dietary services.--

29         (3)  The department may by rule establish procedures

30  and specify documentation as necessary to implement this

31  section.

                                  21

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1         Section 7.  Subsection (3) is added to section 400.444,

 2  Florida Statutes, to read:

 3         400.444  Construction and renovation; requirements.--

 4         (3)  The department may adopt rules to establish

 5  procedures and specify the documentation necessary to

 6  implement this section.

 7         Section 8.  Subsections (3), (4), and (13) of section

 8  400.619, Florida Statutes, are amended to read:

 9         400.619  Licensure requirements.--

10         (3)  Application for a license or annual license

11  renewal to operate an adult family-care home must be made on a

12  form provided by the agency, signed under oath, and must be

13  accompanied by a licensing fee of $100 per year to offset the

14  cost of training and education programs by the Department of

15  Elderly Affairs for providers.

16         (4)  Upon receipt of a completed license application or

17  license renewal, and the fee, the agency shall conduct a level

18  1 background screening as provided under chapter 435 on must

19  check with the abuse registry and the Department of Law

20  Enforcement concerning the adult family-care home provider

21  applicant, the designated relief person, all adult household

22  members, and all staff members. The agency shall also conduct

23  an onsite visit to the home that is to be licensed.

24         (13)  The department may shall adopt rules to establish

25  procedures, identify forms, specify documentation, and clarify

26  terms, as necessary, to administer implement this section.

27         Section 9.  Section 400.6196, Florida Statutes, is

28  amended to read:

29         400.6196  Violations; penalties.--

30         (1)  In addition to any other liability or penalty

31  provided by law, the agency may impose a civil penalty on a

                                  22

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  provider according to the following classification person for:

 2         (a)  Class I violations are those conditions or

 3  practices related to the operation and maintenance of an adult

 4  family-care home or to the care of residents which the agency

 5  determines present an imminent danger to the residents or

 6  guests of the facility or a substantial probability that death

 7  or serious physical or emotional harm would result therefrom.

 8  The condition or practice that constitutes a class I violation

 9  must be abated or eliminated within 24 hours, unless a fixed

10  period, as determined by the agency, is required for

11  correction. A class I deficiency is subject to an

12  administrative fine in an amount not less that $500 and not

13  exceeding $1,000 for each violation. A fine may be levied

14  notwithstanding the correction of the deficiency.

15         (b)  Class II violations are those conditions or

16  practices related to the operation and maintenance of an adult

17  family-care home or to the care of residents which the agency

18  determines directly threaten the physical or emotional health,

19  safety, or security of the residents, other than class I

20  violations. A class II violation is subject to an

21  administrative fine in an amount not less that $250 and not

22  exceeding $500 for each violation. A citation for a class II

23  violation must specify the time within which the violation is

24  required to be corrected. If a class II violation is corrected

25  within the time specified, no civil penalty shall be imposed,

26  unless it is a repeated offense.

27         (c)  Class III violations are those conditions or

28  practices related to the operation and maintenance of an adult

29  family-care home or to the care of residents which the agency

30  determines indirectly or potentially threaten the physical or

31  emotional health, safety, or security of residents, other than

                                  23

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  class I or class II violations. A class III violation is

 2  subject to an administrative fine in an amount not less than

 3  $100 and not exceeding $250 for each violation. A citation for

 4  a class III violation shall specify the time within which the

 5  violation is required to be corrected. If a class III

 6  violation is corrected within the time specified, no civil

 7  penalty shall be imposed, unless it is a repeated offense.

 8         (d)  Class IV violations are those conditions or

 9  occurrences related to the operation and maintenance of an

10  adult family-care home, or related to the required reports,

11  forms, or documents, which do not have the potential of

12  negatively affecting the residents. A provider that does not

13  correct a class IV violation within the time limit specified

14  by the agency is subject to an administrative fine in an

15  amount not less that $50 and not exceeding $100 for each

16  violation. Any class IV violation that is corrected during the

17  time the agency survey is conducted will be identified as an

18  agency finding and not as a violation.

19         (2)  The agency may impose an administrative fine for

20  violations which do not qualify as class I, class II, class

21  III, or class IV violations. The amount of the fine shall not

22  exceed $250 for each violation or $2,000 in the aggregate.

23  Unclassified violations include:

24         (a)  Violating any term or condition of a license.; or

25         (b)  Violating any rule adopted under this part ss.

26  400.616-400.629.

27         (c)  Failure to follow the criteria and procedures

28  provided under part I of chapter 394 relating to the

29  transportation, voluntary admission, and involuntary

30  examination of adult family-care home residents.

31         (d)  Exceeding licensed capacity.

                                  24

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1         (e)  Providing services beyond the scope of the

 2  license.

 3         (f)  Violating a moratorium.

 4         (3)(2)  Each day during which a violation occurs

 5  constitutes a separate offense violation.

 6         (4)(3)  In determining whether a penalty is to be

 7  imposed, and in fixing the amount of any penalty to be

 8  imposed, the agency must consider:

 9         (a)  The gravity of the violation.

10         (b)  Actions taken by the provider to correct a

11  violation.

12         (c)  Any previous violation by the provider.

13         (d)  The financial benefit to the provider of

14  committing or continuing the violation.

15         (5)(4)  As an alternative to or in conjunction with an

16  administrative action against a provider, the agency may

17  request a plan of corrective action that demonstrates a good

18  faith effort to remedy each violation by a specific date,

19  subject to the approval of the agency department.

20         (6)(5)  The department shall set forth, by rule, notice

21  requirements and procedures for correction of deficiencies

22  classifications of violations and civil penalties to be

23  levied.

24         (7)(6)  Civil penalties paid by a provider must be

25  deposited into the Department of Elderly Affairs

26  Administrative Trust Fund and used to offset the expenses of

27  departmental training and education for adult family-care home

28  providers.

29         (8)(7)  The agency may impose an immediate moratorium

30  on admissions to any adult family-care home if the agency

31  finds that a condition in the home presents a threat to the

                                  25

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  health, safety, or welfare of its residents. The department

 2  may by rule establish facility conditions that constitute

 3  grounds for imposing a moratorium and establish procedures for

 4  imposing and lifting a moratorium.

 5         Section 10.  Section 400.621, Florida Statutes, is

 6  amended to read:

 7         400.621  Rules and standards relating to adult

 8  family-care homes.--

 9         (1)  The department shall, in consultation with the

10  Department of Health, the Department of Children and Family

11  Services, and Rehabilitative Services and the agency shall, by

12  rule, establish minimum standards to ensure and licensure

13  procedures for adult family-care homes.  The rules must, at a

14  minimum:

15         (a)  Provide for the health, safety, and well-being of

16  each resident in the adult family-care home. The rules must

17  address:

18         (a)  Requirements for the physical site of the facility

19  and facility maintenance.

20         (b)  Services that must be provided to all residents of

21  an adult family-care home and standards for such services,

22  which must include, but need not be limited to:

23         1.  Room and board.

24         2.  Assistance necessary to perform the activities of

25  daily living.

26         3.  Assistance necessary to administer medication.

27         4.  Supervision of residents.

28         5.  Health monitoring.

29         6.  Social and leisure activities.

30         (c)(b)  Standards and Provide procedures for license

31  application and annual license renewal, advertising prevention

                                  26

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  of abuse, proper management of each resident's funds and

 2  personal property and personal affairs, financial ability to

 3  operate, medication management, inspections, complaint

 4  investigations, and facility, staff, and resident and records

 5  and reports.

 6         (d)  Qualifications, training, standards, and

 7  responsibilities for providers and staff.

 8         (c)  Promote the growth of adult family-care homes as a

 9  component of a long-term care system.

10         (d)  Promote the goal of aging in place.

11         (e)  Mandate Compliance with chapter 419, relating to

12  community residential homes.

13         (f)  Criteria and procedures for determining the

14  appropriateness of a resident's placement and continued

15  residency in Assure that an adult family-care home is the

16  appropriate living arrangement for each resident.  A resident

17  who requires 24-hour nursing supervision may not be retained

18  in an adult family-care home.  A person who would not be an

19  appropriate resident in any assisted living facility under s.

20  400.426 would not be an appropriate resident in an adult

21  family-care home.

22         (g)  Procedures for providing notice and assuring

23  Assure the least possible disruption of residents' lives when

24  residents are relocated, an adult family-care home is closed,

25  or the ownership of an adult family-care home is transferred.

26         (h)  Provide Procedures to protect the residents'

27  rights as provided in s. 400.628.

28         (i)  Procedures to promote the growth of adult

29  family-care homes as a component of a long-term-care system.

30         (j)  Procedures to promote the goal of aging in place

31  for residents of adult family-care homes.

                                  27

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1         (2)  The department shall by rule provide minimum

 2  standards and procedures for emergencies. Minimum firesafety

 3  standards shall be established and enforced by the State Fire

 4  Marshal in cooperation with the department and the agency.

 5  Such standards must be included in the rules adopted by the

 6  department after consultation with the State Fire Marshal and

 7  the agency.

 8         (3)  The department shall by rule establish standards

 9  for the adequate supervision of adult family-care residents.

10         (3)(4)  The provider of any adult family-care home that

11  is in operation at the time any rules are adopted or amended

12  under this part ss. 400.616-400.629 may be given a reasonable

13  time, not exceeding 6 months, within which to comply with the

14  those new or revised rules and standards.

15         Section 11.  Section 400.6211, Florida Statutes, is

16  amended to read:

17         400.6211  Training and education programs.--

18         (1)  The department of Elderly Affairs must provide

19  training and education programs for all adult family-care home

20  providers.

21         (2)  Training and education programs must include, but

22  are not limited to, information relating to:

23         (a)  State law and rules governing adult family-care

24  homes, with emphasis on appropriateness of placement of

25  residents in an adult family-care home.

26         (b)  Identifying and reporting abuse, neglect, and

27  exploitation.

28         (c)  Identifying and meeting the special needs of aged

29  persons and disabled adults.

30         (d)  Monitoring the health of residents, including

31  guidelines for prevention and care of pressure ulcers.

                                  28

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1         (3)  Providers must complete the training and education

 2  program within a reasonable time determined by the department

 3  by rule. Failure to complete the training and education

 4  program within the time set by the department is a violation

 5  of ss. 400.616-400.629 and subjects the provider to revocation

 6  or denial of the license under this part.

 7         (4)  If the Department of Children and Family Services

 8  Health and Rehabilitative Services, the agency, or the

 9  department determines that there are problems in an adult

10  family-care home which could be reduced through specific

11  training or education beyond that required under this section,

12  the department may require the provider or staff to complete

13  such training or education.

14         (5)  The department shall specify by rule training and

15  education programs, training requirements and the assignment

16  of training responsibilities for staff, training procedures,

17  and training fees as necessary to administer this section.

18         Section 12.  Present subsections (3) and (4) of section

19  409.212, Florida Statutes, are redesignated as subsections (4)

20  and (5), respectively, present subsection (4) is amended, and

21  a new subsection (3) is added to that section, to read:

22         409.212  Optional supplementation.--

23         (3)  Assisted living facilities, adult family-care

24  homes, family placement, or any other specialized living

25  arrangement accepting residents who receive optional

26  supplementation payments must comply with the requirements of

27  42 U.S.C. s. 1382e(e).

28         (4)(3)  In addition to the amount of optional

29  supplementation provided by the state, a person may receive

30  additional supplementation from third parties to contribute to

31  his or her cost of care.  Additional supplementation may be

                                  29

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1706

    Amendment No.     (for drafter's use only)





 1  provided under the following conditions:

 2         (a)  Payments shall be made to the assisted living

 3  facility, or to the operator of an adult family-care home,

 4  family placement, or other special living arrangement, on

 5  behalf of the person and not directly to the optional state

 6  supplementation recipient.

 7         (b)  Contributions made by third parties shall be

 8  entirely voluntary and shall not be a condition of providing

 9  proper care to the client.

10         (c)  The additional supplementation shall not exceed

11  two times the provider rate recognized under the optional

12  state supplementation program.

13         (d)  Rent vouchers issued pursuant to a federal, state,

14  or local housing program may be issued directly to a recipient

15  of optional state supplementation.

16         (5)(4)  When contributions are made in accordance with

17  the provisions of subsection (4)(3), the department shall not

18  count such supplements as income to the client for purposes of

19  determining eligibility for, or computing the amount of,

20  optional state supplementation benefits, nor shall the

21  department increase an optional state supplementation payment

22  to offset the reduction in Supplemental Security Income

23  benefits that will occur because of the third-party

24  contribution.

25         Section 13.  This act shall take effect July 1 of the

26  year in which enacted.

27

28

29

30

31

                                  30

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