CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for SB 714
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Forman moved the following amendment:
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13 Senate Amendment
14 On page 84, line 1, through page 97, line 4, delete
15 those lines
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17 and insert:
18 Section 38. Section 400.411, Florida Statutes, is
19 amended to read:
20 400.411 Initial application for license; provisional
21 license.--
22 (1) Application for a license shall be made to the
23 agency on forms furnished by it and shall be accompanied by
24 the appropriate license fee. The application shall contain
25 sufficient information, as required by rules of the
26 department, to establish that the applicant can provide
27 adequate care.
28 (2) The applicant may be an individual owner, a
29 corporation, a partnership, a firm, an association, or a
30 governmental entity.
31 (3)(2) The application must shall be signed by the
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1 applicant under oath and must shall contain the following:
2 (a) The name, address, date of birth, and social
3 security number of the applicant and the name by which the
4 facility is to be known. Pursuant thereto:
5 1. If the applicant is a firm, partnership, or
6 association, the application shall contain the name, address,
7 date of birth, and social security number of every member
8 thereof.
9 2. If the applicant is a corporation, the application
10 shall contain the corporation's its name and address;, the
11 name, address, date of birth, and social security number of
12 each of its directors and officers;, and the name and address
13 of each person having at least a 5-percent ownership
14 10-percent interest in the corporation.
15 (b) The name and address of any professional service,
16 firm, association, partnership, or corporation that is to
17 provide goods, leases, or services to the facility for which
18 the application is made, if a 5-percent 10-percent or greater
19 ownership interest in the service, firm, association,
20 partnership, or corporation is owned by a person whose name
21 must be listed on the application under paragraph (a).
22 (c) Information that provides a source to establish
23 the suitable character, financial stability, and competency of
24 the applicant and of each person specified in the application
25 under subparagraph (a)1. or subparagraph (a)2. who has at
26 least a 10-percent interest in the firm, partnership,
27 association, or corporation and, if applicable, of the
28 administrator, including The name and address of any long-term
29 care facility with which the applicant, or administrator, or
30 financial officer has been affiliated through ownership or
31 employment within 5 years of the date of this license the
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1 application for a license; and a signed affidavit disclosing
2 any financial or ownership interest that the applicant, or any
3 person listed in paragraph (a) principal, partner, or
4 shareholder thereof, holds or has held within the last 5 years
5 in any other facility licensed under this part, or in any
6 other entity licensed by this the state or another state to
7 provide health or residential care, which facility or entity
8 closed or ceased to operate as a result of financial problems,
9 or has had a receiver appointed or a license denied, suspended
10 or revoked, or was subject to a moratorium on admissions, or
11 has had an injunctive proceeding initiated against it.
12 (d) A description and explanation of any exclusions,
13 permanent suspensions, or terminations of the applicant from
14 the Medicare or Medicaid programs. Proof of compliance with
15 disclosure of ownership and control interest requirements of
16 the Medicaid or Medicare programs shall be accepted in lieu of
17 this submission.
18 (e)(d) The names and addresses of other persons of
19 whom the agency may inquire as to the character, and
20 reputation, and financial responsibility of the owner
21 applicant and, if different from the applicant, applicable, of
22 the administrator and financial officer.
23 (e) The names and addresses of other persons of whom
24 the agency may inquire as to the financial responsibility of
25 the applicant.
26 (f) Identification of all other homes or facilities,
27 including the addresses and the license or licenses under
28 which they operate, if applicable, which are currently
29 operated by the applicant or administrator and which provide
30 housing, meals, and personal services to residents adults.
31 (g) Such other reasonable information as may be
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1 required by the agency to evaluate the ability of the
2 applicant to meet the responsibilities entailed under this
3 part.
4 (g)(h) The location of the facility for which a
5 license is sought and documentation, signed by the appropriate
6 local government official, which states that the applicant has
7 met local zoning requirements.
8 (h)(i) The name, address, date of birth, social
9 security number, education, and experience of the
10 administrator, if different from the applicant.
11 (4)(3) The applicant shall furnish satisfactory proof
12 of financial ability to operate and conduct the facility in
13 accordance with the requirements of this part. A certificate
14 of authority, pursuant to chapter 651, may be provided as
15 proof of financial ability. An applicant applying for an
16 initial license shall submit a balance sheet setting forth the
17 assets and liabilities of the owner and a statement projecting
18 revenues, expenses, taxes, extraordinary items, and other
19 credits or charges for the first 12 months of operation of the
20 facility.
21 (5)(4) If the applicant is a continuing care facility
22 certified under offers continuing care agreements, as defined
23 in chapter 651, a copy of the facility's proof shall be
24 furnished that the applicant has obtained a certificate of
25 authority must be provided as required for operation under
26 that chapter.
27 (6)(5) The applicant shall provide proof of liability
28 insurance as defined in s. 624.605.
29 (7)(6) If the applicant is a community residential
30 home, the applicant must provide proof that it has met the
31 requirements specified in chapter 419 shall apply to community
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1 residential homes zoned single-family or multifamily.
2 (8)(7) The applicant must provide the agency with
3 proof of legal right to occupy the property. This proof may
4 include, but is not limited to, copies of recorded warranty
5 deeds, or copies of lease or rental agreements, contracts for
6 deeds, quitclaim deeds, or other such documentation.
7 (9)(8) The applicant must furnish proof that the
8 facility has received a satisfactory firesafety inspection.
9 The local fire marshal or other authority having jurisdiction
10 or the State Fire Marshal must conduct the inspection within
11 30 days after the written request by the applicant. If an
12 authority having jurisdiction does not have a certified
13 firesafety inspector, the State Fire Marshal shall conduct the
14 inspection.
15 (10) The applicant must furnish documentation of a
16 satisfactory sanitation inspection of the facility by the
17 county health department.
18 (11) The applicant must furnish proof of compliance
19 with level 2 background screening as required under s.
20 400.4174.
21 (12)(9) A provisional license may be issued to an
22 applicant making initial application for licensure or making
23 application for a change of ownership. A provisional license
24 shall be limited in duration to a specific period of time not
25 to exceed 6 months, as determined by the agency.
26 (13)(10) A No county or municipality may not shall
27 issue an occupational license that which is being obtained for
28 the purpose of operating a facility regulated under this part
29 without first ascertaining that the applicant has been
30 licensed to operate such facility at the specified location or
31 locations by the agency. The agency shall furnish to local
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1 agencies responsible for issuing occupational licenses
2 sufficient instruction for making such the above-required
3 determinations.
4 Section 39. Section 400.414, Florida Statutes, is
5 amended to read:
6 400.414 Denial, revocation, or suspension of license;
7 imposition of administrative fine; grounds.--
8 (1) The agency may deny, revoke, or suspend any a
9 license issued under this part, or impose an administrative
10 fine in the manner provided in chapter 120, for. At the
11 chapter 120 hearing, the agency shall prove by a preponderance
12 of the evidence that its actions are warranted.
13 (2) any of the following actions by an assisted living
14 a facility, any person subject to level 2 background screening
15 under s. 400.4174, or facility or its employee shall be
16 grounds for action by the agency against a licensee:
17 (a) An intentional or negligent act seriously
18 affecting the health, safety, or welfare of a resident of the
19 facility.
20 (b) The determination by the agency that the facility
21 owner or administrator is not of suitable character or
22 competency, or that the owner lacks the financial ability, to
23 provide continuing adequate care to residents, pursuant to the
24 information obtained through s. 400.411, s. 400.417, or s.
25 400.434.
26 (c) Misappropriation or conversion of the property of
27 a resident of the facility.
28 (d) Failure to follow the criteria and procedures
29 provided under part I of chapter 394 relating to the
30 transportation, voluntary admission, and involuntary
31 examination of a facility resident.
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1 (e) One or more class I, three or more class II, or
2 five or more repeated or recurring identical or similar class
3 III violations that are similar or identical to violations of
4 this part which were identified by the agency within the last
5 2 years during the last biennial inspection, monitoring visit,
6 or complaint investigation and which, in the aggregate, affect
7 the health, safety, or welfare of the facility residents.
8 (f) A determination that a person subject to level 2
9 background screening under s. 400.4174(1) does not meet the
10 screening standards of s. 435.04 or that the facility is
11 retaining an employee subject to level 1 background screening
12 standards under s. 400.4174(2) who does not meet the screening
13 standards of s. 435.03 and for whom exemptions from
14 disqualification have not been provided by the agency.
15 (g)(f) A confirmed report of adult abuse, neglect, or
16 exploitation, as defined in s. 415.102, which has been upheld
17 following a chapter 120 hearing or a waiver of such
18 proceedings where the perpetrator is an employee, volunteer,
19 administrator, or owner, or otherwise has access to the
20 residents of a facility, and the owner or administrator has
21 not taken action to remove the perpetrator. Exemptions from
22 disqualification may be granted as set forth in s. 435.07. No
23 administrative action may be taken against the facility if the
24 perpetrator is granted an exemption.
25 (h)(g) Violation of a moratorium.
26 (i)(h) Failure of the license applicant, the licensee
27 during relicensure, or failure of a licensee that holds a
28 provisional an initial or change of ownership license, to meet
29 minimum license standards or the requirements of rules adopted
30 under this part or related rules, at the time of license
31 application or renewal.
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1 (j)(i) A fraudulent statement or omission of any
2 material fact on an application for a license or any other
3 document required by the agency, including the submission of a
4 license application that conceals the fact that any board
5 member, officer, or person owning 5 percent or more of the
6 facility may not meet the background screening requirements of
7 s. 400.4174, or that the applicant has been excluded,
8 permanently suspended, or terminated from the Medicaid or
9 Medicare programs that is signed and notarized.
10 (k)(j) An intentional or negligent life-threatening
11 act in violation of the uniform firesafety standards for
12 assisted living facilities or other firesafety standards
13 established by the State Fire Marshal, that threatens the
14 health, safety, or welfare of a resident of a facility, as
15 communicated to the agency by the State Fire Marshal, a local
16 fire marshal, or other authority having jurisdiction or the
17 State Fire Marshal.
18 (l) Exclusion, permanent suspension, or termination
19 from the Medicare or Medicaid programs.
20 (m) Knowingly operating any unlicensed facility or
21 providing without a license any service that must be licensed
22 under this chapter.
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24 Administrative proceedings challenging agency action under
25 this subsection shall be reviewed on the basis of the facts
26 and conditions that resulted in the agency action.
27 (3) Proceedings brought under paragraphs (2)(a), (c),
28 (e), and (j) shall not be subject to de novo review.
29 (2)(4) Upon notification by the State Fire Marshal,
30 local fire marshal, or other authority having jurisdiction or
31 by the State Fire Marshal, the agency may deny or revoke the
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Amendment No.
1 license of an assisted living a facility that fails to correct
2 cited fire code violations issued by the State Fire Marshal, a
3 local fire marshal, or other authority having jurisdiction,
4 that affect or threaten the health, safety, or welfare of a
5 resident of a facility.
6 (3) The agency may deny a license to any applicant or
7 to any officer or board member of an applicant who is a firm,
8 corporation, partnership, or association or who owns 5 percent
9 or more of the facility, if the applicant, officer, or board
10 member has or had a 25-percent or greater financial or
11 ownership interest in any other facility licensed under this
12 part, or in any entity licensed by this state or another state
13 to provide health or residential care, which facility or
14 entity during the 5 years prior to the application for a
15 license closed due to financial inability to operate; had a
16 receiver appointed or a license denied, suspended, or revoked;
17 was subject to a moratorium on admissions; had an injunctive
18 proceeding initiated against it; or has an outstanding fine
19 assessed under this chapter.
20 (4) The agency shall deny or revoke the license of an
21 assisted living facility that has two or more class I
22 violations that are similar or identical to violations
23 identified by the agency during a survey, inspection,
24 monitoring visit, or complaint investigation occurring within
25 the previous 2 years.
26 (5) The agency may deny a license to an applicant who
27 owns 25 percent or more of, or operates, a facility which,
28 during the 5 years prior to the application for a license, has
29 had a license denied, suspended, or revoked pursuant to
30 subsection (2), or, during the 2 years prior to the
31 application for a license, has had a moratorium imposed on
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1 admissions, has had an injunctive proceeding initiated against
2 it, has had a receiver appointed, was closed due to financial
3 inability to operate, or has an outstanding fine assessed
4 under this part.
5 (5)(6) An action taken by the agency to suspend, deny,
6 or revoke a facility's license under this part, in which the
7 agency claims that the facility owner or an employee of the
8 facility has threatened the health, safety, or welfare of a
9 resident of the facility, shall, upon receipt of the
10 facility's request for a hearing, be heard by the Division of
11 Administrative Hearings of the Department of Management
12 Services within 120 days after receipt of the facility's the
13 request for a hearing, unless that time limitation period is
14 waived by both parties. The administrative law judge must
15 render a decision within 30 days after receipt of a proposed
16 recommended order the hearing.
17 (6)(7) The agency shall provide to the Division of
18 Hotels and Restaurants of the Department of Business and
19 Professional Regulation, on a monthly basis, a list of those
20 assisted living facilities that which have had their licenses
21 denied, suspended, or revoked or that which are involved in an
22 appellate proceeding pursuant to s. 120.60 related to the
23 denial, suspension, or revocation of a license.
24 (7) Agency notification of a license suspension or
25 revocation, or denial of a license renewal, shall be posted
26 and visible to the public at the facility.
27 Section 40. Section 400.417, Florida Statutes, is
28 amended to read:
29 400.417 Expiration of license; renewal; conditional
30 license.--
31 (1) Biennial licenses issued for the operation of a
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1 facility, unless sooner suspended or revoked, shall expire
2 automatically 2 years from the date of issuance. Limited
3 nursing, extended congregate care, and limited mental health
4 licenses shall expire at the same time as the facility's
5 standard license, regardless of when issued. The agency shall
6 notify the facility by certified mail at least 120 days prior
7 to the expiration of the license that a renewal license
8 relicensure is necessary to continue operation. Ninety days
9 prior to the expiration date, an application for renewal shall
10 be submitted to the agency. A license shall be renewed upon
11 the filing of an application on forms furnished by the agency
12 if the applicant has first met the requirements established
13 under this part and all rules promulgated under this part. The
14 failure to file a timely renewal application shall result in a
15 late fee charged to the facility in an amount equal to 50
16 percent of the current fee. in effect on the last preceding
17 regular renewal date. Late fees shall be deposited into the
18 Health Care Trust Fund as provided in s. 400.418. The
19 facility shall file with the application satisfactory proof of
20 ability to operate and conduct the facility in accordance with
21 the requirements of this part.
22 (2) A license shall be renewed within 90 days upon the
23 timely filing of an application on forms furnished by the
24 agency and the provision of satisfactory proof of ability to
25 operate and conduct the facility in accordance with the
26 requirements of this part and adopted rules, including An
27 applicant for renewal of a license must furnish proof that the
28 facility has received a satisfactory firesafety inspection,
29 conducted by the local fire marshal or other authority having
30 jurisdiction or the State Fire Marshal, within the preceding
31 12 months and an affidavit or compliance with the background
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1 screening requirements of s. 400.4174.
2 (3) An applicant for renewal of a license who has
3 complied on the initial license application with the
4 provisions of s. 400.411 with respect to proof of financial
5 ability to operate shall not be required to provide further
6 proof of financial ability on renewal applications unless the
7 facility or any other facility owned or operated in whole or
8 in part by the same person or business entity has demonstrated
9 financial instability as provided under s. 400.447(2)
10 evidenced by bad checks, delinquent accounts, or nonpayment of
11 withholding taxes, utility expenses, or other essential
12 services or unless the agency suspects that the facility is
13 not financially stable as a result of the annual survey or
14 complaints from the public or a report from the State
15 Long-Term Care Ombudsman Council. Each facility must shall
16 report to the agency any adverse court action concerning the
17 facility's financial viability, within 7 days after its
18 occurrence. The agency shall have access to books, records,
19 and any other financial documents maintained by the facility
20 to the extent necessary to determine the facility's financial
21 stability carry out the purpose of this section. A license
22 for the operation of a facility shall not be renewed if the
23 licensee has any outstanding fines assessed pursuant to this
24 part which are in final order status.
25 (4)(2) A licensee against whom a revocation or
26 suspension proceeding is pending at the time of license
27 renewal may be issued a conditional license effective until
28 final disposition by the agency of such proceeding. If
29 judicial relief is sought from the final disposition, the
30 court having jurisdiction may issue a conditional license for
31 the duration of the judicial proceeding.
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1 (5)(3) A conditional license may be issued to an
2 applicant for license renewal if when the applicant fails to
3 meet all standards and requirements for licensure. A
4 conditional license issued under this subsection shall be
5 limited in duration to a specific period of time not to exceed
6 6 months, as determined by the agency, and shall be
7 accompanied by an agency-approved approved plan of correction.
8 (6) When an extended care or limited nursing license
9 is requested during a facility's biennial license period, the
10 fee shall be prorated in order to permit the additional
11 license to expire at the end of the biennial license period.
12 The fee shall be calculated as of the date the additional
13 license application is received by the agency.
14 Section 41. Section 400.4174, Florida Statutes, is
15 amended to read:
16 400.4174 Background screening; exemptions; reports of
17 abuse in facilities.--
18 (1)(a) Level 2 background screening must be conducted
19 on each of the following persons, who shall be considered
20 employees for the purposes of conducting screening under
21 chapter 435:
22 1. The facility owner if an individual; the
23 administrator; and the financial officer.
24 2. An officer or board member if the facility owner is
25 a firm, corporation, partnership, or association, or any
26 person owning 5 percent or more of the facility if the agency
27 has probable cause to believe that such person has been
28 convicted of any offense prohibited by s. 435.04. For each
29 officer, board member, or person owning 5 percent or more who
30 has been convicted of any such offense, the facility shall
31 submit to the agency a description and explanation of the
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1 conviction at the time of license application. This
2 subparagraph does not apply to a board member of a
3 not-for-profit corporation or organization if the board member
4 serves solely in a voluntary capacity, does not regularly take
5 part in the day-to-day operational decisions of the
6 corporation or organization, receives no remuneration for his
7 or her services, and has no financial interest and has no
8 family members with a financial interest in the corporation or
9 organization, provided that the board member and facility
10 submit a statement affirming that the board member's
11 relationship to the facility satisfies the requirements of
12 this subparagraph.
13 (b) Proof of compliance with level 2 screening
14 standards which has been submitted within the previous 5 years
15 to meet any facility or professional licensure requirements of
16 the agency or the Department of Health satisfies the
17 requirements of this subsection, provided that such proof is
18 accompanied, under penalty of perjury, by an affidavit of
19 compliance with the provisions of chapter 435. Proof of
20 compliance with the background screening requirements of the
21 Department of Insurance for applicants for a certificate of
22 authority to operate a continuing care retirement community
23 under chapter 651, submitted within the last 5 years,
24 satisfies the Department of Law Enforcement and Federal Bureau
25 of Investigation portions of a level 2 background check.
26 (c) The agency may grant a provisional license to a
27 facility applying for an initial license when each individual
28 required by this subsection to undergo screening has completed
29 the abuse registry and Department of Law Enforcement
30 background checks, but has not yet received results from the
31 Federal Bureau of Investigation, or when a request for an
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1 exemption from disqualification has been submitted to the
2 agency pursuant to s. 435.07, but a response has not been
3 issued.
4 (2) The owner or administrator of an assisted living
5 facility must conduct level 1 background screening, as set
6 forth in chapter 435, on all employees hired on or after
7 October 1, 1998, who perform personal services as defined in
8 s. 400.402(16). The agency may exempt an individual from
9 employment disqualification as set forth in chapter 435. Such
10 persons shall be considered as having met this requirement if:
11 (a) Proof of compliance with level 1 screening
12 requirements obtained to meet any professional license
13 requirements in this state is provided and accompanied, under
14 penalty of perjury, by a copy of the person's current
15 professional license and an affidavit of current compliance
16 with the background screening requirements.
17 (b) The person required to be screened has been
18 continuously employed in the same type of occupation for which
19 the person is seeking employment without a breach in service
20 which exceeds 180 days, and proof of compliance with the level
21 1 screening requirement which is no more than 2 years old is
22 provided. Proof of compliance shall be provided directly from
23 one employer or contractor to another, and not from the person
24 screened. Upon request, a copy of screening results shall be
25 provided by the employer retaining documentation of the
26 screening to the person screened.
27 (c) The person required to be screened is employed by
28 a corporation or business entity or related corporation or
29 business entity that owns, operates, or manages more than one
30 facility or agency licensed under chapter 400, and for whom a
31 level 1 screening was conducted by the corporation or business
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1 entity as a condition of initial or continued employment.
2 (3) When an employee, volunteer, administrator, or
3 owner of a facility is the subject of has a confirmed report
4 of adult abuse, neglect, or exploitation, as defined in s.
5 415.102, or child abuse or neglect, as defined in s. 415.503,
6 and the protective investigator knows that the individual is
7 an employee, volunteer, administrator, or owner of a facility,
8 the agency shall be notified of the confirmed report.
9 Section 42. Section 400.4176, Florida Statutes, is
10 amended to read:
11 400.4176 Notice of change of administrator.--If,
12 during the period for which a license is issued, the owner
13 changes administrators, the owner must notify the agency of
14 the change within 10 45 days thereof and must provide
15 documentation within 90 days that the new administrator has
16 completed the applicable core educational requirements under
17 s. 400.452. Background screening shall be completed on any
18 new administrator to establish that the individual is of
19 suitable character as specified in s. 400.4174 ss.
20 400.411(2)(c) and 400.456.
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