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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Forman moved the following amendment:

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13         Senate Amendment 

14         On page 113, line 13, through page 118, line 20, delete

15  those lines

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17  and insert:

18         Section 53.  Section 400.619, Florida Statutes, is

19  amended to read:

20         400.619  Licensure application and renewal

21  requirements.--

22         (1)  Each person who intends to be a provider of an

23  adult family-care home provider must apply for obtain a

24  license from the agency before caring for a disabled adult or

25  an aged person in the adult family-care home.  Such

26  application must be made at least 90 days before the applicant

27  intends to operate the adult family-care home.

28         (2)  A person who intends to be a provider of an adult

29  family-care home provider must own or rent and live in the

30  adult family-care home that is to be licensed.

31         (3)  Application for a license or annual license

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





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

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

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

 4  cost of training and education programs by the Department of

 5  Elderly Affairs for providers.

 6         (4)  Upon receipt of a license application or license

 7  renewal, and the fee, the agency shall initiate level 1

 8  background screening as provided under chapter 435 on must

 9  check with the abuse registry and the Department of Law

10  Enforcement concerning the adult family-care home provider,

11  the designated relief person applicant, all adult household

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

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

14         (a)  Proof of compliance with level 1 screening

15  standards which has been submitted within the previous 5 years

16  to meet any facility or professional licensure requirements of

17  the agency or the Department of Health satisfies the

18  requirements of this subsection. Such proof must be

19  accompanied, under penalty of perjury, by a copy of the

20  person's current professional license and an affidavit of

21  current compliance with the background screening requirements.

22         (b)  The person required to be screened must have been

23  continuously employed in the same type of occupation for which

24  the person is seeking employment without a breach in service

25  that exceeds 180 days, and proof of compliance with the level

26  1 screening requirement which is no more than 2 years old must

27  be provided. Proof of compliance shall be provided directly

28  from one employer or contractor to another, and not from the

29  person screened. Upon request, a copy of screening results

30  shall be provided to the person screened by the employer

31  retaining documentation of the screening.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1         (5)  The application must be accompanied by a

 2  description and explanation of any exclusions, permanent

 3  suspensions, or terminations of the applicant from

 4  participation in the Medicaid or Medicare programs or any

 5  other governmental health care or health insurance program.

 6         (6)  Unless the adult family-care home is a community

 7  residential home subject to chapter 419, the applicant must

 8  provide documentation, signed by the appropriate governmental

 9  official, that the home has met local zoning requirements for

10  the location for which the license is sought.

11         (7)(5)  Access to a licensed adult family-care home

12  must be provided at reasonable times for the appropriate

13  officials of the department, the Department of Health, the

14  Department of Children and Family Services and Rehabilitative

15  Services, the agency, and the State Fire Marshal, who are

16  responsible for the development and maintenance of fire,

17  health, sanitary, and safety standards, to inspect the

18  facility to assure compliance with these standards.  In

19  addition, access to a licensed adult family-care home must be

20  provided at reasonable times for the long-term care ombudsman

21  council.

22         (8)(6)  A license is effective for 1 year after the

23  date of issuance unless revoked sooner.  Each license must

24  state the name of the provider, the address of the home to

25  which the license applies, and the maximum number of residents

26  of the home.  Failure to timely file a license renewal

27  application shall result in a late fee equal to 50 percent of

28  the license fee. A license may be issued with or without

29  restrictions governing the residents or care offered in the

30  adult family-care home.

31         (9)(7)  A license is not transferable or applicable to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  any location or person other than the location and or person

 2  indicated on the license application for licensure.

 3         (10)(8)  The licensed maximum capacity of each adult

 4  family-care home is based on the service needs of the

 5  residents and the capability of the provider to meet the needs

 6  of the residents. Any relative who lives in the adult

 7  family-care home and who is an aged person or a disabled adult

 8  or frail elder must be included in that limitation.

 9         (11)(9)  Each adult family-care home must designate at

10  least one licensed space for a resident receiving optional

11  state supplementation as defined in s. 409.212.  The

12  Department of Children and Family Health and Rehabilitative

13  Services shall specify by rule the procedures to be followed

14  for referring residents who receive optional state

15  supplementation to adult family-care homes.  Those homes

16  licensed as adult foster homes or assisted living facilities

17  prior to January 1, 1994, that convert to adult family-care

18  homes, are exempt from this the requirement of designating one

19  space for a resident receiving optional state supplementation.

20         (12)(10)  The agency may issue a conditional license to

21  a provider for the purpose of bringing the adult family-care

22  home into compliance with licensure requirements.  A

23  conditional license must be limited to a specific period, not

24  exceeding 6 months, as determined by the department, in

25  consultation with the agency.  The department shall, by rule,

26  establish criteria for issuing conditional licenses.

27         (11)  The agency may deny, suspend, or revoke a license

28  for any of the following reasons:

29         (a)  A confirmed report, obtained under s. 415.1075, of

30  abuse, neglect, or exploitation, or conviction of a crime

31  related to abuse, neglect, or exploitation.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1         (b)  A proposed confirmed report that remains unserved

 2  and is maintained in the central abuse registry and tracking

 3  system pursuant to s. 415.1065(2)(c).

 4         (c)  An intentional or negligent act materially

 5  affecting the health, safety, or welfare of the adult

 6  family-care home residents.

 7         (d)  A violation of ss. 400.616-400.629 or rules

 8  adopted under ss. 400.616-400.629, including the failure to

 9  comply with any restrictions specified in the license.

10         (e)  Submission of fraudulent or inaccurate information

11  to the agency.

12         (f)  Conviction of a felony involving violence to a

13  person.

14         (g)  Failure to pay a civil penalty assessed under this

15  part.

16         (13)(12)  All moneys collected under this section must

17  be deposited into the Department of Elderly Affairs

18  Administrative Trust Fund and must be used to offset the

19  expenses of departmental training and education for adult

20  family-care home providers.

21         (14)(13)  The department shall adopt rules to implement

22  this section.

23         Section 54.  Section 400.6194, Florida Statutes, is

24  created to read:

25         400.6194  Denial, revocation, or suspension of a

26  license.--The agency may deny, suspend, or revoke a license

27  for any of the following reasons:

28         (1)  Failure of any of the persons required to undergo

29  background screening under s. 400.619 to meet the level 1

30  screening standards of s. 435.03, unless an exemption from

31  disqualification has been provided by the agency.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    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 an application for license renewal

16  within the specified timeframes.

17         (8)  Exclusion, permanent suspension, or termination of

18  the provider from the Medicare or Medicaid program.

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