CODING: Words stricken are deletions; words underlined are additions.
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Senator Turner moved the following amendment:
SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Turner moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 400.616, Florida Statutes, is
18 amended to read:
19 400.616 Short title.--This part Sections
20 400.616-400.629 may be cited as the "Adult Family-Care Home
21 Act."
22 Section 2. Section 400.617, Florida Statutes, is
23 amended to read:
24 400.617 Legislative intent; purpose.--
25 (1) The Legislature encourages the provision of care
26 for disabled adults and frail elders aged persons in
27 family-type living arrangements in private homes.
28 (2) Adult family-care homes provide housing and
29 personal care for disabled adults and frail elders who choose
30 to live with an individual or family in a private home. The
31 adult family-care home provider must live in the home. The
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SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
1 purpose of this part ss. 400.616-400.629 is to provide for the
2 health, safety, and welfare of residents of adult family-care
3 homes in the state.
4 (3) The Legislature recognizes that adult family-care
5 homes are an important part of the continuum of long-term
6 care. The personal care services available in these homes,
7 which may be provided directly or through contract or
8 agreement, is are intended to help residents remain as
9 independent as possible in order to delay or avoid placement
10 in a nursing home or other institution. Regulations governing
11 adult family-care homes must be sufficiently flexible to allow
12 residents to age in place if resources are available to meet
13 their needs and accommodate their preferences.
14 (4) The Legislature further finds and declares that
15 licensure under this part ss. 400.616-400.629 is a public
16 trust and a privilege, and not an entitlement. This principle
17 must guide the finder of fact or trier of law at any
18 administrative proceeding or circuit court action initiated by
19 the department to enforce this part ss. 400.616-400.629.
20 (5) Rules of the department relating to adult
21 family-care homes shall be as minimal and flexible as possible
22 to ensure the protection of residents while minimizing the
23 obstacles that could inhibit the establishment of adult
24 family-care homes.
25 Section 3. Section 400.618, Florida Statutes, is
26 amended to read:
27 400.618 Definitions.--As used in this part ss.
28 400.616-400.629, the term:
29 (1) "Activities of daily living" means functions and
30 tasks for self-care, including eating, bathing, grooming,
31 dressing, ambulating, and other similar tasks.
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SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
1 (2) "Adult family-care home" means a full-time,
2 family-type living arrangement, in a private home, under which
3 a person or persons provide, for profit or not for profit,
4 room, board, and personal care one or more personal services,
5 as appropriate for the level of functional impairment, for no
6 more than five aged persons or disabled adults or frail elders
7 who are not relatives. The following establishments are not
8 adult family-care homes:
9 (a) An arrangement whereby the person who owns or
10 rents the home provides room, board, and establishment that
11 provides personal services for not more than two three or
12 fewer adults who do not receive optional state supplementation
13 under s. 409.212, but that does not hold itself out to the
14 public to be an establishment that regularly provides such
15 services. The person who provides the housing, meals, and
16 personal care must own or rent the home and reside therein.
17 (b) An arrangement whereby the person who owns or
18 rents the home provides room, board, and establishment in
19 which a person or persons provide personal services only to
20 his or her their relatives.
21 (c) An establishment that is licensed as an assisted
22 living facility under part III.
23 (3) "Aged person" means any person age 60 or over who
24 is currently a resident of the state and who, because of a
25 functional impairment, requires one or more personal services
26 but does not require 24-hour skilled nursing home or
27 institutional care.
28 (3)(4) "Agency" means the Agency for Health Care
29 Administration.
30 (4)(5) "Aging in place" means remaining in a
31 noninstitutional living environment despite the physical or
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SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
1 mental changes that may occur in a person who is aging. For
2 aging in place to occur, needed services are added, increased,
3 or adjusted to compensate for a person's physical or mental
4 changes.
5 (5) "Appropriate placement" means that the resident's
6 needs can be met by the adult family-care home or can be met
7 by services arranged by the adult family-care home or the
8 resident.
9 (6) "Chemical restraint" means a pharmacologic drug
10 that physically limits, restricts, or deprives an individual
11 of movement or mobility, and is used for discipline or
12 convenience and not required for the treatment of medical
13 symptoms.
14 (7) "Department" means the Department of Elderly
15 Affairs.
16 (8) "Disabled adult" means any person between 18 and
17 59 years of age, inclusive, who is a resident of the state and
18 who has one or more permanent physical or mental limitations
19 that restrict the person's ability to perform the normal
20 activities of daily living.
21 (9) "Frail elder" means a functionally impaired
22 elderly person who is 60 years of age or older and who has
23 physical or mental limitations that restrict the person's
24 ability to perform the normal activities of daily living and
25 that impede the person's capacity to live independently.
26 (10)(9) "Personal services" or "personal care"
27 includes include, but are not limited to, individual
28 assistance with or supervision of the activities of daily
29 living and the self-administration of medication,; supervision
30 of self-administered medication; and other similar services
31 that the department defines by rule.
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SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
1 (11)(10) "Provider" means a person who is licensed to
2 operate an adult family-care home.
3 (12)(11) "Relative" means an individual who is the
4 father, mother, son, daughter, brother, sister, grandfather,
5 grandmother, greatgrandfather, and greatgrandmother, uncle,
6 aunt, first cousin, nephew, niece, husband, wife,
7 father-in-law, mother-in-law, son-in-law, daughter-in-law,
8 brother-in-law, sister-in-law, stepfather, stepmother,
9 stepson, stepdaughter, stepbrother, stepsister, half brother,
10 or half sister of a provider.
11 (13) "Relief person" means an adult designated by the
12 provider to supervise the residents during the provider's
13 absence.
14 (14) "Resident" means a person receiving room, board,
15 and personal care in an adult family-care home.
16 Section 4. Section 400.619, Florida Statutes, is
17 amended to read:
18 400.619 Licensure application and renewal
19 requirements.--
20 (1) Each person who intends to be a provider of an
21 adult family-care home provider must apply for obtain a
22 license from the agency before caring for a disabled adult or
23 an aged person in the adult family-care home. Such
24 application must be made at least 90 days before the applicant
25 intends to operate the adult family-care home.
26 (2) A person who intends to be a provider of an adult
27 family-care home provider must own or rent and live in the
28 adult family-care home that is to be licensed and reside
29 therein.
30 (3) Application for a license or annual license
31 renewal to operate an adult family-care home must be made on a
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SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
1 form provided by the agency, signed under oath, and must be
2 accompanied by a licensing fee of $100 per year to offset the
3 cost of training and education programs by the Department of
4 Elderly Affairs for providers.
5 (4) Upon receipt of a license application or license
6 renewal, and the fee, the agency shall conduct a level 1
7 background screening as provided under chapter 435 on must
8 check with the abuse registry and the Department of Law
9 Enforcement concerning the adult family-care home provider
10 applicant, the designated relief person, all adult household
11 members, and all staff members. The agency shall also conduct
12 an onsite visit to the home that is to be licensed.
13 (5) Access to a licensed adult family-care home must
14 be provided at reasonable times for the appropriate officials
15 of the department, the Department of Health, the Department of
16 Children and Family and Rehabilitative Services, the agency,
17 and the State Fire Marshal, who are responsible for the
18 development and maintenance of fire, health, sanitary, and
19 safety standards, to inspect the facility to assure compliance
20 with these standards. In addition, access to a licensed adult
21 family-care home must be provided at reasonable times for the
22 district long-term care ombudsman council.
23 (6) A license is effective for 1 year after the date
24 of issuance unless revoked sooner. Each license must state
25 the name of the provider, the address of the home to which the
26 license applies, and the maximum number of residents of the
27 home. Failure to timely file a license renewal application
28 shall result in a late fee equal to 50 percent of the license
29 fee. A license may be issued with or without restrictions
30 governing the residents or care offered in the adult
31 family-care home.
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SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
1 (7) A license is not transferable or applicable to any
2 location or person other than the location and or person
3 indicated on the license application for licensure.
4 (8) The licensed maximum capacity of each adult
5 family-care home is based on the service needs of the
6 residents and the capability of the provider to meet the needs
7 of the residents. Any relative who lives in the adult
8 family-care home and who is an aged person or a disabled adult
9 or frail elder must be included in that limitation.
10 (9) Each adult family-care home must designate at
11 least one licensed space for a resident receiving optional
12 state supplementation as defined in s. 409.212. The
13 department of Health and Rehabilitative Services shall specify
14 by rule the procedures to be followed for referring residents
15 who receive optional state supplementation to adult
16 family-care homes. Those homes licensed as adult foster homes
17 or assisted living facilities prior to January 1, 1994, that
18 convert to adult family-care homes, are exempt from this the
19 requirement of designating one space for a resident receiving
20 optional state supplementation.
21 (10) The agency may issue a conditional license to a
22 provider for the purpose of bringing the adult family-care
23 home into compliance with licensure requirements. A
24 conditional license must be limited to a specific period, not
25 exceeding 6 months, as determined by the department, in
26 consultation with the agency. The department shall, by rule,
27 establish criteria for issuing conditional licenses.
28 (11) The agency may deny, suspend, or revoke a license
29 for any of the following reasons:
30 (a) A confirmed report, obtained under s. 415.1075, of
31 abuse, neglect, or exploitation, or conviction of a crime
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SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
1 related to abuse, neglect, or exploitation.
2 (b) A proposed confirmed report that remains unserved
3 and is maintained in the central abuse registry and tracking
4 system pursuant to s. 415.1065(2)(c).
5 (c) An intentional or negligent act materially
6 affecting the health, safety, or welfare of the adult
7 family-care home residents.
8 (d) A violation of ss. 400.616-400.629 or rules
9 adopted under ss. 400.616-400.629, including the failure to
10 comply with any restrictions specified in the license.
11 (e) Submission of fraudulent or inaccurate information
12 to the agency.
13 (f) Conviction of a felony involving violence to a
14 person.
15 (g) Failure to pay a civil penalty assessed under this
16 part.
17 (11)(12) All moneys collected under this section must
18 be deposited into the Department of Elderly Affairs
19 Administrative Trust Fund and must be used to offset the
20 expenses of departmental training and education for adult
21 family-care home providers.
22 (12)(13) The department shall adopt rules to implement
23 this section.
24 Section 5. Section 400.6194, Florida Statutes, is
25 created to read:
26 400.6194 Denial or revocation of a license.--The
27 agency may deny or revoke a license for any of the following
28 reasons:
29 (1) Failure of any of the persons required to undergo
30 background screening under s. 400.619 to meet the level 1
31 screening standards of s. 435.03.
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SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
1 (2) An intentional or negligent act materially
2 affecting the health, safety, or welfare of the adult
3 family-care home residents.
4 (3) Submission of fraudulent information or omission
5 of any material fact on a license application or any other
6 document required by the agency.
7 (4) Failure to pay an administrative fine assessed
8 under this part.
9 (5) A violation of this part or adopted rules which
10 results in conditions or practices that directly threaten the
11 physical or emotional health, safety, or welfare of residents.
12 (6) Failure to correct cited fire code violations that
13 threaten the health, safety, or welfare of residents.
14 (7) Failure to submit a completed initial license
15 application, or to complete a license renewal application
16 within the specified timeframe.
17 Section 6. Paragraph (b) of subsection (1) of section
18 400.6196, Florida Statutes, is amended to read:
19 400.6196 Violations; penalties.--
20 (1) In addition to any other liability or penalty
21 provided by law, the agency may impose a civil penalty on a
22 person for:
23 (b) Violating any rule adopted under this part ss.
24 400.616-400.629.
25 Section 7. Paragraph (f) of subsection (1) and
26 subsection (4) of section 400.621, Florida Statutes, are
27 amended to read:
28 400.621 Rules and standards relating to adult
29 family-care homes.--
30 (1) The department shall, in consultation with the
31 Department of Health and Rehabilitative Services and the
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SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
1 agency, by rule, establish minimum standards and licensure
2 procedures for adult family-care homes. The rules must, at a
3 minimum:
4 (f) Assure that an adult family-care home is the
5 appropriate living arrangement for each resident. A resident
6 who requires 24-hour nursing supervision may not be retained
7 in an adult family-care home unless such resident is an
8 enrolled hospice patient and the resident's continued
9 residency is mutually agreeable to the resident and the
10 provider. A person who would not be an appropriate resident in
11 any assisted living facility under s. 400.426 would not be an
12 appropriate resident in an adult family care home.
13 (4) The provider of any adult family-care home that is
14 in operation at the time any rules are adopted or amended
15 under this part ss. 400.616-400.629 may be given a reasonable
16 time, not exceeding 6 months, within which to comply with
17 those new or revised rules and standards.
18 Section 8. Paragraph (c) of subsection (2) and
19 subsections (3) and (4) of section 400.6211, Florida Statutes,
20 are amended to read:
21 400.6211 Training and education programs.--
22 (2) Training and education programs must include, but
23 are not limited to, information relating to:
24 (c) Identifying and meeting the special needs of aged
25 persons and disabled adults and frail elders.
26 (3) Providers must complete the training and education
27 program within a reasonable time determined by the department.
28 Failure to complete the training and education program within
29 the time set by the department is a violation of this part ss.
30 400.616-400.629 and subjects the provider to revocation of the
31 license.
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SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
1 (4) If the Department of Children and Family Health
2 and Rehabilitative Services, the agency, or the department
3 determines that there are problems in an adult family-care
4 home which could be reduced through specific training or
5 education beyond that required under this section, the agency
6 department may require the provider or staff to complete such
7 training or education.
8 Section 9. Section 400.622, Florida Statutes, is
9 amended to read:
10 400.622 Injunctive proceedings.--
11 (1) The department, the Department of Children and
12 Family Health and Rehabilitative Services, or the agency may
13 institute injunctive proceedings in a court of competent
14 jurisdiction to:
15 (1)(a) Enforce the provisions of this part ss.
16 400.616-400.629 or any license requirement, minimum standard,
17 rule, or order issued or entered into under this part ss.
18 400.616-400.629; or
19 (2)(b) Terminate the operation of an adult family-care
20 home when violations of any license requirement, standard, or
21 rule adopted under this part ss. 400.616-400.629 exist which
22 materially affect the health, safety, or welfare of residents.
23 (2) Such injunctive relief may be temporary or
24 permanent.
25 Section 10. Subsection (2) of section 400.625, Florida
26 Statutes, is amended to read:
27 400.625 Residency agreements.--
28 (2) Each residency agreement must specify the personal
29 care services and accommodations to be provided by the adult
30 family-care home, the rates or charges, a requirement of at
31 least 30 days' notice before a rate increase, and any other
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SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
1 provisions required by rule of the department.
2 Section 11. Section 400.6255, Florida Statutes, is
3 amended to read:
4 400.6255 Residents Patients with Alzheimer's disease
5 or other related disorders; certain disclosures.--An adult
6 family-care home licensed under this part which claims that it
7 provides special care for persons who have Alzheimer's disease
8 or other related disorders must disclose in its advertisements
9 or in a separate document those services that distinguish the
10 care as being especially applicable to, or suitable for, such
11 persons. The home must give a copy of all such advertisements
12 or a copy of the document to each person who requests
13 information about programs and services for persons with
14 Alzheimer's disease or other related disorders offered by the
15 home and must maintain a copy of all such advertisements and
16 documents in its records. The agency department shall examine
17 all such advertisements and documents in the home's records as
18 part of the license renewal procedure.
19 Section 12. Subsections (2) and (6) and paragraph (c)
20 of subsection (4) of section 400.628, Florida Statutes, are
21 amended to read:
22 400.628 Residents' bill of rights.--
23 (2) The provider shall ensure that residents and their
24 legal representatives are made aware of the rights,
25 obligations, and prohibitions set forth in this part ss.
26 400.616-400.629. Residents must also be given the names,
27 addresses, and telephone numbers of the district ombudsman
28 council and the adult abuse registry where they may lodge
29 complaints.
30 (4) A provider or staff of an adult family-care home
31 may not serve notice upon a resident to leave the premises or
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SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
1 take any other retaliatory action against any person who:
2 (c) Files a civil action alleging a violation of this
3 part ss. 400.616-400.629 or notifies a state attorney or the
4 Attorney General of a possible violation of this part these
5 sections.
6 (6) Any person who reports a complaint concerning a
7 suspected violation of this part ss. 400.616-400.629 or the
8 services and conditions in an adult family-care home, or who
9 testifies in any administrative or judicial proceeding arising
10 from such a complaint, is immune from any civil or criminal
11 liability therefor, unless the person acted in bad faith or
12 with malicious purpose or the court finds that there was a
13 complete absence of a justiciable issue of either law or fact
14 raised by the losing party.
15 Section 13. Section 400.629, Florida Statutes, is
16 amended to read:
17 400.629 Civil actions to enforce rights.--Any person
18 or resident whose rights as specified in this part ss.
19 400.616-400.629 are violated has a cause of action against any
20 adult family-care home, provider, or staff responsible for the
21 violation. The action may be brought by the resident or the
22 resident's guardian, or by a person or organization acting on
23 behalf of a resident with the consent of the resident or the
24 resident's guardian, to enforce the right. The action may be
25 brought in any court of competent jurisdiction to enforce such
26 rights and to recover actual damages, and punitive damages
27 when malicious, wanton, or willful disregard of the rights of
28 others can be shown. Any plaintiff who prevails in any such
29 action is entitled to recover reasonable attorney's fees,
30 costs of the action, and damages, unless the court finds that
31 the plaintiff has acted in bad faith or with malicious purpose
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SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
1 or that there was a complete absence of a justiciable issue of
2 either law or fact. A prevailing defendant is entitled to
3 recover reasonable attorney's fees pursuant to s. 57.105. The
4 remedies provided in this section are in addition to other
5 legal and administrative remedies available to a resident or
6 to the agency department.
7 Section 14. Paragraph (d) of subsection (1) of section
8 419.001, Florida Statutes, is amended to read:
9 419.001 Site selection of community residential
10 homes.--
11 (1) For the purposes of this section, the following
12 definitions shall apply:
13 (d) "Resident" means any of the following: a frail
14 elder an aged person as defined in s. 400.618(3); a physically
15 disabled or handicapped person as defined in s. 760.22(7)(a);
16 a developmentally disabled person as defined in s.
17 393.063(11); a nondangerous mentally ill person as defined in
18 s. 394.455(18)(16); or a child as defined in s. 39.01(12) and
19 (14).
20 Section 15. This act shall take effect on October 1,
21 1998.
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24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 Delete everything before the enacting clause
27
28 and insert:
29 A bill to be entitled
30 An act relating to adult family-care homes;
31 amending ss. 400.616, 400.617, 400.618,
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SENATE AMENDMENT
Bill No. CS/HB 4035, 1st Eng.
Amendment No.
1 400.619, 400.6196, 400.621, 400.6211, 400.622,
2 400.625, 400.6255, 400.628, and 400.629, F.S.,
3 and creating s. 400.6194, F.S.; revising
4 legislative intent and purpose; revising
5 definitions; requiring adult family-care home
6 providers to meet certain screening
7 requirements; revising requirements for
8 licensure application and renewal; providing a
9 late renewal fee; revising grounds for denial,
10 suspension, or revocation of a license;
11 revising requirements for rules relating to
12 appropriate placement of residents; revising
13 provisions relating to injunctive relief;
14 requiring certain information to be provided to
15 residents' legal representatives; conforming
16 terminology, references, and cross-references;
17 amending s. 419.001, F.S.; conforming a
18 cross-reference; providing an effective date.
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