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





                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Carlton moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 8, between lines 4 and 5,

15

16  insert:

17         Section 6.  Subsections (1) and (3) of section 252.355,

18  Florida Statutes, are amended to read:

19         252.355  Registry of disabled persons with special

20  needs; notice.--

21         (1)  In order to meet the special needs of persons who

22  would need assistance during evacuations and sheltering

23  because of physical, mental, or sensory disabilities or mental

24  handicaps, each local emergency management agency in the state

25  shall maintain a registry of disabled persons with special

26  needs located within the jurisdiction of the local agency.

27  The registration shall identify those persons in need of

28  assistance and plan for resource allocation to meet those

29  identified needs. To assist the local emergency management

30  agency in identifying such persons, the Department of Children

31  and Family Services, Department of Health, Department of Labor

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  and Employment Security, and Department of Elderly Affairs

 2  Health and Rehabilitative Services shall provide registration

 3  information to all of their its special needs clients and to

 4  all incoming clients as a part of the intake process.  The

 5  registry shall be updated annually.  The registration program

 6  shall give disabled persons with special needs the option of

 7  preauthorizing emergency response personnel to enter their

 8  homes during search and rescue operations if necessary to

 9  assure their safety and welfare following disasters.

10         (3)  All records, data, information, correspondence,

11  and communications relating to the registration of disabled

12  persons with special needs as provided in subsection (1) are

13  confidential and exempt from the provisions of s. 119.07(1),

14  except that such information shall be available to other

15  emergency response agencies, as determined by the local

16  emergency management director.

17         Section 7.  Section 381.0303, Florida Statutes, is

18  created to read:

19         381.0303  Health practitioner recruitment for special

20  needs shelters.--

21         (1)  PURPOSE.--The purpose of this section is to

22  designate the Department of Health, through its county health

23  departments, as the lead agency for coordination of the

24  recruitment of health care practitioners to staff special

25  needs shelters in times of emergency or disaster and to

26  provide resources to the department to carry out this

27  responsibility. However, nothing in this section prohibits a

28  county health department from entering into an agreement with

29  a local emergency management agency to assume the lead

30  responsibility for recruiting health care practitioners.

31         (2)  SPECIAL NEEDS SHELTER PLAN AND STAFFING.--Provided

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  funds have been appropriated to support medical services

 2  disaster coordinator positions in county health departments,

 3  the department shall assume lead responsibility for the local

 4  coordination of local medical and health care providers, the

 5  American Red Cross, and other interested parties in developing

 6  a plan for the staffing and medical management of special

 7  needs shelters. The plan shall be in conformance with the

 8  local comprehensive emergency management plan.

 9         (a)  County health departments shall, in conjunction

10  with the local emergency management agencies, have the lead

11  responsibility for coordination of the recruitment of health

12  care practitioners to staff local special needs shelters.

13  County health departments shall assign their employees to work

14  in special needs shelters when needed to protect the health of

15  patients.

16         (b)  The appropriate county health department and local

17  emergency management agency shall jointly determine who has

18  responsibility for medical supervision in a special needs

19  shelter.

20         (c)  Local emergency management agencies shall be

21  responsible for the designation and operation of special needs

22  shelters during times of emergency or disaster. County health

23  departments shall assist the local emergency management agency

24  with regard to the management of medical services in special

25  needs shelters.

26         (3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS.--The

27  Department of Health shall reimburse, subject to the

28  availability of funds for this purpose, health care

29  practitioners as defined in s. 455.501, provided the

30  practitioner is not providing care to a patient under an

31  existing contract, and emergency medical technicians and

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  paramedics licensed pursuant to chapter 401 for medical care

 2  provided at the request of the department in special needs

 3  shelters or at other locations during times of emergency or

 4  major disaster. Reimbursement for health care practitioners,

 5  except for physicians, shall be based on the average hourly

 6  rate that such practitioners were paid according to the most

 7  recent survey of Florida hospitals conducted by the Florida

 8  Hospital Association. Reimbursement shall be requested on

 9  forms prepared by the Department of Health. If a Presidential

10  Disaster Declaration has been made, and the Federal Government

11  makes funds available, the department shall use such funds for

12  reimbursement of eligible expenditures. In other situations,

13  or if federal funds do not fully compensate the department for

14  reimbursement made pursuant to this section, the department

15  shall submit to the Cabinet or Legislature, as appropriate, a

16  budget amendment to obtain reimbursement from the working

17  capital fund. Travel expense and per diem costs shall be

18  reimbursed pursuant to s. 112.061.

19         (4)  HEALTH CARE PRACTITIONER REGISTRY.--The department

20  may use the registries established in ss. 401.273 and 455.276

21  when health care practitioners are needed to staff special

22  needs shelters or to staff disaster medical assistance teams.

23         (5)  SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The

24  Department of Health may establish a special needs shelter

25  interagency committee, to be chaired and staffed by the

26  department. The committee shall resolve problems related to

27  special needs shelters not addressed in the state

28  comprehensive emergency medical plan and shall serve as an

29  oversight committee to monitor the planning and operation of

30  special needs shelters.

31         (a)  The committee may:

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1         1.  On or before January 1, 2000, resolve questions

 2  concerning the roles and responsibilities of state agencies

 3  and other organizations that are necessary to implement the

 4  program.

 5         2.  On or before January 1, 2000, identify any issues

 6  requiring additional legislation and funding.

 7         3.  Develop and negotiate any necessary interagency

 8  agreements.

 9         4.  Undertake other such activities as the department

10  deems necessary to facilitate the implementation of this

11  section.

12         5.  Submit recommendations to the Legislature as

13  necessary.

14         (b)  The special needs shelter interagency committee

15  shall be composed of representatives of emergency management,

16  health, medical, and social services organizations. Membership

17  shall include, but shall not be limited to, the Departments of

18  Community Affairs, Children and Family Services, Elderly

19  Affairs, Labor and Employment Security, and Education; the

20  Agency for Health Care Administration; the Florida Medical

21  Association; Associated Home Health Industries of Florida,

22  Inc.; the Florida Nurses Association; the Florida Health Care

23  Association; the Florida Hospital Association; the Florida

24  Statutory Teaching Hospital Council; the Florida Association

25  of Homes for the Aging; the Florida Emergency Preparedness

26  Association; the American Red Cross; Florida Hospices, Inc.;

27  the Association of Community Hospitals and Health Systems; the

28  Florida Association of Health Maintenance Organizations; the

29  Florida League of Health Systems; Private Care Association;

30  and the Salvation Army.

31         (c)  Meetings of the committee shall be held in

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  Tallahassee and members of the committee shall serve at the

 2  expense of the agencies or organizations they represent.

 3         (6)  RULES.--The department may adopt rules necessary

 4  to implement this section.

 5         (7)  IMPLEMENTATION CONDITIONAL UPON

 6  APPROPRIATION.--The implementation of subsections (3), (4),

 7  and (5) is conditional upon the receipt of an appropriation by

 8  the department to establish headquarters staff for special

 9  needs shelter staffing coordination. The submission of

10  emergency management plans to county health departments by

11  home health agencies, hospices, and nurse registries pursuant

12  to ss. 400.497(11)(c) and (d), 400.610(1)(b) and (c), and

13  400.506(16)(e) is conditional upon the receipt of an

14  appropriation by the department to establish medical services

15  disaster coordinator positions in county health departments.

16         Section 8.  Section 400.492, Florida Statutes, is

17  created to read:

18         400.492  Provision of services during an

19  emergency.--Each home health agency shall prepare and maintain

20  a comprehensive emergency management plan that is consistent

21  with the standards adopted by national accreditation

22  organizations and consistent with the local special needs

23  plan. The plan shall be updated annually and shall provide for

24  continuing home health services during an emergency that

25  interrupts patient care or services in the patient's home. The

26  plan shall describe how the home health agency establishes and

27  maintains an effective response to emergencies and disasters,

28  including: notifying staff when emergency response measures

29  are initiated; providing for communication between staff

30  members, county health departments, and local emergency

31  management agencies, including a backup system; identifying

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  resources necessary to continue essential care or services or

 2  referrals to other organizations subject to written agreement;

 3  and prioritizing and contacting patients who need continued

 4  care or services.

 5         (1)  Each patient record for patients who are listed in

 6  the registry established pursuant to s. 252.355 shall include

 7  a description of how care or services will be continued in the

 8  event of an emergency or disaster. The home health agency

 9  shall discuss the emergency provisions with the patient and

10  the patient's caregivers, including where and how the patient

11  is to evacuate, procedures for notifying the home health

12  agency in the event that the patient evacuates to a location

13  other than the shelter identified in the patient record, and a

14  list of medications and equipment which must either accompany

15  the patient or will be needed by the patient in the event of

16  an evacuation.

17         (2)  Each home health agency shall maintain a current

18  prioritized list of patients who need continued services

19  during an emergency. The list shall indicate how services

20  shall be continued in the event of an emergency or disaster

21  for each patient and if the patient is to be transported to a

22  special needs shelter, and shall indicate if the patient is

23  receiving skilled nursing services and the patient's

24  medication and equipment needs. The list shall be furnished to

25  county health departments and to local emergency management

26  agencies, upon request.

27         (3)  Home health agencies shall not be required to

28  continue to provide care to patients in emergency situations

29  that are beyond their control and that make it impossible to

30  provide services, such as when roads are impassable or when

31  patients do not go to the location specified in their patient

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  records.

 2         (4)  Notwithstanding the provisions of s. 400.464(2) or

 3  any other provision of law to the contrary, a home health

 4  agency may provide services in a special needs shelter located

 5  in any county.

 6         Section 9.  Subsection (1) of section 400.497, Florida

 7  Statutes, is amended, and subsection (11) is added to that

 8  section, to read:

 9         400.497  Rules establishing minimum standards.--The

10  Agency for Health Care Administration shall adopt, publish,

11  and enforce rules to implement this part, including, as

12  applicable, ss. 400.506 and 400.509, which must provide

13  reasonable and fair minimum standards relating to:

14         (1)  Scope of home health services to be provided,

15  which shall include services to be provided during emergency

16  evacuation and sheltering.

17         (11)  Preparation of a comprehensive emergency

18  management plan pursuant to s. 400.492.

19         (a)  The Agency for Health Care Administration shall

20  adopt rules establishing minimum criteria for the plan and

21  plan updates, with the concurrence of the Department of Health

22  and in consultation with the Department of Community Affairs.

23         (b)  The rules must address the requirements in s.

24  400.492. In addition, the rules shall provide for the

25  maintenance of patient-specific medication lists that can

26  accompany patients who are transported from their homes.

27         (c)  The plan is subject to review and approval by the

28  county health department. During its review, the county health

29  department shall ensure that the following agencies, at a

30  minimum, are given the opportunity to review the plan:

31         1.  The local emergency management agency.

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1         2.  The Agency for Health Care Administration.

 2         3.  The local chapter of the American Red Cross or

 3  other lead sheltering agency.

 4         4.  The district office of the Department of Children

 5  and Family Services.

 6

 7  The county health department shall complete its review within

 8  60 days after receipt of the plan and shall either approve the

 9  plan or advise the home health agency of necessary revisions.

10         (d)  For any home health agency that operates in more

11  than one county, the Department of Health shall review the

12  plan, after consulting with all of the county health

13  departments, the agency, and all the local chapters of the

14  American Red Cross or other lead sheltering agencies in the

15  areas of operation for that particular hospice. The Department

16  of Health shall complete its review within 90 days after

17  receipt of the plan and shall either approve the plan or

18  advise the hospice of necessary revisions. The Department of

19  Health shall make every effort to avoid imposing differing

20  requirements based on differences between counties on the

21  hospice.

22         (e)  The requirements in this subsection do not apply

23  to:

24         1.  A facility that is certified under chapter 651 and

25  has a licensed home health agency used exclusively by

26  residents of the facility; or

27         2.  A retirement community that consists of residential

28  units for independent living and either a licensed nursing

29  home or an assisted living facility, and has a licensed home

30  health agency used exclusively by the residents of the

31  retirement community; provided the comprehensive emergency

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  management plan for the facility or retirement community

 2  provides for continuous care of all residents with special

 3  needs during an emergency.

 4         Section 10.  Present subsections (15), (16), and (17)

 5  of section 400.506, Florida Statutes, 1998 Supplement, are

 6  renumbered as subsections (17), (18), and (19), respectively,

 7  and new subsections (15) and (16) are added to that section to

 8  read:

 9         400.506  Licensure of nurse registries; requirements;

10  penalties.--

11         (15)  Nurse registries shall assist at-risk clients

12  with special needs registration with the appropriate local

13  emergency management agency pursuant to s. 252.355.

14         (16)  Each nurse registry shall prepare and maintain a

15  comprehensive emergency management plan that is consistent

16  with the criteria in this subsection and with the local

17  special needs plan. The plan shall be updated annually. The

18  plan shall specify how the nurse registry shall facilitate the

19  provision of continuous care by persons referred for contract

20  to persons who are registered pursuant to s. 252.355 during an

21  emergency that interrupts the provision of care or services in

22  private residencies.

23         (a)  All persons referred for contract who care for

24  persons registered pursuant to s. 252.355 must include in the

25  patient record a description of how care will be continued

26  during a disaster or emergency that interrupts the provision

27  of care in the patient's home. It shall be the responsibility

28  of the person referred for contract to ensure that continuous

29  care is provided.

30         (b)  Each nurse registry shall maintain a current

31  prioritized list of patients in private residencies who are

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  registered pursuant to s. 252.355 and are under the care of

 2  persons referred for contract and who need continued services

 3  during an emergency. This list shall indicate, for each

 4  patient, if the client is to be transported to a special needs

 5  shelter and if the patient is receiving skilled nursing

 6  services. Nurse registries shall make this list available to

 7  county health departments and to local emergency management

 8  agencies upon request.

 9         (c)  Each person referred for contract who is caring

10  for a patient who is registered pursuant to s. 252.355 shall

11  provide a list of their patient's medication and equipment

12  needs to the nurse registry. Each person referred for contract

13  shall make this information available to county health

14  departments and to local emergency management agencies upon

15  request.

16         (d)  Each person referred for contract shall not be

17  required to continue to provide care to patients in emergency

18  situations that are beyond their control and that make it

19  impossible to provide services, such as when roads are

20  impassable or when patients do not go to the location

21  specified in their patient records.

22         (e)  The comprehensive emergency management plan

23  required by this subsection is subject to review and approval

24  by the county health department. During its review, the county

25  health department shall ensure that, at a minimum, the local

26  emergency management agency, the Agency for Health Care

27  Administration and the local chapter of the American Red Cross

28  or other lead sheltering agency are given the opportunity to

29  review the plan. The county health department shall complete

30  its review within 60 days after receipt of the plan and shall

31  either approve the plan or advise the nurse registry of

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  necessary revisions.

 2         (f)  The Agency for Health Care Administration shall

 3  adopt rules establishing minimum criteria for the

 4  comprehensive emergency management plan and plan updates

 5  required by this subsection, with the concurrency of the

 6  Department of Health and in consultation with the Department

 7  of Community Affairs.

 8         Section 11.  Paragraph (g) is added to subsection (1)

 9  of section 400.605, Florida Statutes, to read:

10         400.605  Administration; forms; fees; rules;

11  inspections; fines.--

12         (1)  The department, in consultation with the agency,

13  shall by rule establish minimum standards and licensure

14  procedures for a hospice.  The rules must include:

15         (g)  Components of a comprehensive emergency plan,

16  developed in consultation with the Department of Health and

17  the Department of Community Affairs.

18         Section 12.  Paragraph (f) is added to subsection (5)

19  of section 400.6095, Florida Statutes, to read:

20         400.6095  Patient admission; assessment; plan of care;

21  discharge; death.--

22         (5)  Each hospice, in collaboration with the patient

23  and the patient's primary or attending physician, shall

24  prepare and maintain a plan of care for each patient, and the

25  care provided to a patient must be in accordance with the plan

26  of care. The plan of care shall be made a part of the

27  patient's medical record and shall include, at a minimum:

28         (f)  A description of how needed care and services will

29  be provided in the event of an emergency.

30         Section 13.  Paragraph (b) of subsection (1) of section

31  400.610, Florida Statutes, is amended, paragraphs (c), (d),

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  and (e) of that subsection are redesignated as paragraphs (d),

 2  (e), and (f), respectively, and a new paragraph (c) is added

 3  to that subsection, to read:

 4         400.610  Administration and management of a hospice.--

 5         (1)  A hospice shall have a clearly defined organized

 6  governing body, consisting of a minimum of seven persons who

 7  are representative of the general population of the community

 8  served. The governing body shall have autonomous authority and

 9  responsibility for the operation of the hospice and shall meet

10  at least quarterly.  The governing body shall:

11         (b)  Prepare and maintain a comprehensive emergency

12  management plan that provides for continuing hospice services

13  in the event of an emergency that is consistent with local

14  special needs plans. The plan shall include provisions for

15  ensuring continuing care to hospice patients who go to special

16  needs shelters. The plan is subject to review and approval by

17  the county health department except as provided in paragraph

18  (c). During its review, the county health department shall

19  ensure that the department, the agency, and the local chapter

20  of the American Red Cross or other lead sheltering agency have

21  an opportunity to review and comment on the plan. The county

22  health department shall complete its review within 60 days

23  after receipt of the plan and shall either approve the plan or

24  advise the hospice of necessary revisions. Prepare a disaster

25  preparedness plan.

26         (c)  For any hospice that operates in more than one

27  county, the Department of Health shall review the plan, after

28  consulting with all of the county health departments, the

29  agency, and all the local chapters of the American Red Cross

30  or other lead sheltering agencies in the areas of operation

31  for that particular hospice. The Department of Health shall

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  complete its review within 90 days after receipt of the plan

 2  and shall either approve the plan or advise the hospice of

 3  necessary revisions. The Department of Health shall make every

 4  effort to avoid imposing differing requirements based on

 5  differences between counties on the hospice.

 6         (d)(c)  Adopt an annual budget.

 7         (e)(d)  Appoint a director who shall be responsible for

 8  the day-to-day management and operation of the hospice and who

 9  shall serve as the liaison between the governing body and the

10  hospice staff.

11         (f)(e)  Undertake such additional activities as

12  necessary to ensure that the hospice is complying with the

13  requirements for hospice services as set forth in this part.

14         Section 14.  Section 401.273, Florida Statutes, is

15  created to read:

16         401.273  Emergency medical technician and paramedic

17  registry for disasters and emergencies.--The department shall

18  include on its forms for the certification or recertification

19  of emergency medical technicians and paramedics who could

20  assist the department in the event of a disaster a question

21  asking if the practitioner would be available to provide

22  health care services in special needs shelters or to help

23  staff disaster medical assistance teams during times of

24  emergency or major disaster. The names of the emergency

25  medical technicians and paramedics who answer affirmatively

26  shall be maintained by the department as a registry for

27  disasters and emergencies.

28         Section 15.  Subsection (12) is added to section

29  408.15, Florida Statutes, 1998 Supplement, to read:

30         408.15  Powers of the agency.--In addition to the

31  powers granted to the agency elsewhere in this chapter, the

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  agency is authorized to:

 2         (12)  Establish, in coordination with the Department of

 3  Health, uniform standards of care to be provided in special

 4  needs units or shelters during times of emergency or major

 5  disaster.

 6         Section 16.  Section 455.276, Florida Statutes, is

 7  created to read:

 8         455.276  Health care practitioner registry for

 9  disasters and emergencies.--The Department of Health shall

10  include on its forms for the licensure or certification of

11  physicians, physician assistants, certified nursing

12  assistants, licensed practical nurses, registered nurses,

13  nurse practitioners, respiratory therapists, and other health

14  care practitioners who could assist the department in the

15  event of a disaster a question asking if the practitioner

16  would be available to provide health care services in special

17  needs shelters or to help staff disaster medical assistance

18  teams during times of emergency or major disaster. The names

19  of practitioners who answer affirmatively shall be maintained

20  by the department as a health care practitioner registry for

21  disasters and emergencies.

22         Section 17.  State agencies that contract with

23  providers for the care of persons with disabilities or

24  limitations that make such persons dependent upon the care of

25  others shall include emergency and disaster planning

26  provisions in such contracts at the time the contracts are

27  initiated or upon renewal. These provisions shall include, but

28  shall not be limited to:

29         (1)  The designation of an emergency coordinating

30  officer.

31         (2)  A procedure to contact all at-risk provider

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  clients, on a priority basis, prior to and immediately

 2  following an emergency or disaster.

 3         (3)  A procedure to help at-risk clients register with

 4  the special needs registry of the local emergency management

 5  agency.

 6         (4)  A procedure to dispatch the emergency coordinating

 7  officer or other staff members to special needs shelters to

 8  assist clients with special needs, if necessary.

 9         (5)  A procedure for providing the essential services

10  the organization currently provides to special needs clients

11  in preparation for, and during and following, a disaster.

12         Section 18.  Chapter 515, Florida Statutes, consisting

13  of sections 515.21, 515.23, 515.25, 515.27, 515.29, 515.31,

14  515.33, 515.35, and 515.37, is created to read:

15         515.21  Short title.--This chapter may be cited as the

16  "Preston de Ibern/McKenzie Merriam Residential Swimming Pool

17  Safety Act."

18          515.23  Legislative findings and intent.--The

19  Legislature finds that drowning is the leading cause of death

20  of young children in this state and is also a significant

21  cause of death for medically frail elderly persons in this

22  state, that constant adult supervision is the key to

23  accomplishing the objective of reducing the number of

24  submersion incidents, and that when lapses in supervision

25  occur a pool safety feature designed to deny, delay, or detect

26  unsupervised entry to the swimming pool, spa, or hot tub will

27  reduce drowning and near-drowning incidents. In addition to

28  the incalculable human cost of these submersion incidents, the

29  health care costs, loss of lifetime productivity, and legal

30  and administrative expenses associated with drownings of young

31  children and medically frail elderly persons in this state

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  each year and the lifetime costs for the care and treatment of

 2  young children who have suffered brain disability due to

 3  near-drowning incidents each year are enormous. Therefore, it

 4  is the intent of the Legislature that all new residential

 5  swimming pools, spas, and hot tubs be equipped with at least

 6  one pool safety feature as specified in this chapter. It is

 7  also the intent of the Legislature that the Department of

 8  Health be responsible for producing for the public a

 9  publication that provides information on drowning prevention

10  and the responsibilities of pool ownership and also for

11  developing a drowning prevention education program for the

12  public and for persons violating the pool safety requirements

13  of this chapter.

14          515.25  Definitions.--As used in this chapter, the

15  term:

16          (1)  "Approved safety pool cover" means a manually or

17  power-operated safety pool cover that meets all of the

18  performance standards of the American Society for Testing and

19  Materials (ASTM) in compliance with standard F1346-91.

20          (2)  "Barrier" means a fence, dwelling wall, or

21  nondwelling wall, or any combination thereof, which completely

22  surrounds the swimming pool and obstructs access to the

23  swimming pool, especially access from the residence or from

24  the yard outside the barrier.

25          (3)  "Department" means the Department of Health.

26          (4)  "Exit alarm" means a device that makes audible,

27  continuous alarm sounds when any door or window which permits

28  access from the residence to any pool area that is without an

29  intervening enclosure is opened or left ajar.

30          (5)  "Indoor swimming pool" means a swimming pool that

31  is totally contained within a building and surrounded on all

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  four sides by walls of or within the building.

 2          (6)  "Medically frail elderly person" means any person

 3  who is at least 65 years of age and has a medical problem that

 4  affects balance, vision, or judgment, including, but not

 5  limited to, a heart condition, diabetes, or Alzheimer's

 6  disease or any related disorder.

 7          (7)  "Outdoor swimming pool" means any swimming pool

 8  that is not an indoor swimming pool.

 9          (8)  "Portable spa" means a nonpermanent structure

10  intended for recreational bathing, in which all controls and

11  water-heating and water-circulating equipment are an integral

12  part of the product and which is cord-connected and not

13  permanently electrically wired.

14          (9)  "Public swimming pool" means a swimming pool, as

15  defined in s. 514.011(2), which is operated, with or without

16  charge, for the use of the general public; however, the term

17  does not include a swimming pool located on the grounds of a

18  private residence.

19          (10)  "Residential" means situated on the premises of

20  a detached one-family or two-family dwelling or a one-family

21  townhouse not more than three stories high.

22          (11)  "Swimming pool" means any structure, located in

23  a residential area, that is intended for swimming or

24  recreational bathing and contains water over 24 inches deep,

25  including, but not limited to, in-ground, aboveground, and

26  on-ground swimming pools; hot tubs; and nonportable spas.

27          (12)  "Young child" means any person under the age of

28  6 years.

29          515.27  Residential swimming pool safety feature

30  options; penalties.--

31          (1)  In order to pass final inspection and receive a

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  certificate of completion, a residential swimming pool must

 2  meet at least one of the following requirements relating to

 3  pool safety features:

 4         (a)  The pool must be isolated from access to a home by

 5  an enclosure that meets the pool barrier requirements of s.

 6  515.29;

 7         (b)  The pool must be equipped with an approved safety

 8  pool cover;

 9         (c)  All doors and windows providing direct access from

10  the home to the pool must be equipped with an exit alarm that

11  has a minimum sound pressure rating of 85 dB A at 10 feet; or

12         (d)  All doors providing direct access from the home to

13  the pool must be equipped with a self-closing, self-latching

14  device with a release mechanism placed no lower than 54 inches

15  above the floor.

16          (2)  A person who fails to equip a new residential

17  swimming pool with at least one pool safety feature as

18  required in subsection (1) commits a misdemeanor of the second

19  degree, punishable as provided in s. 775.082 or s. 775.083,

20  except that no penalty shall be imposed if the person, within

21  45 days after arrest or issuance of a summons or a notice to

22  appear, has equipped the pool with at least one safety feature

23  as required in subsection (1) and has attended a drowning

24  prevention education program as established by s. 515.31.

25  However, the requirement of attending a drowning prevention

26  education program is waived if such program is not offered

27  within 45 days after issuance of the citation.

28          515.29  Residential swimming pool barrier

29  requirements.--

30          (1)  A residential swimming pool barrier must have all

31  of the following characteristics:

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1          (a)  The barrier must be at least 4 feet high on the

 2  outside.

 3          (b)  The barrier may not have any gaps, openings,

 4  indentations, protrusions, or structural components that could

 5  allow a young child to crawl under, squeeze through, or climb

 6  over the barrier.

 7          (c)  The barrier must be placed around the perimeter

 8  of the pool and must be separate from any fence, wall, or

 9  other enclosure surrounding the yard unless the fence, wall,

10  or other enclosure or portion thereof is situated on the

11  perimeter of the pool, is being used as part of the barrier,

12  and meets the barrier requirements of this section.

13          (d)  The barrier must be placed sufficiently away from

14  the water's edge to prevent a young child or medically frail

15  elderly person who may have managed to penetrate the barrier

16  from immediately falling into the water.

17          (2)  The structure of an aboveground swimming pool may

18  be used as its barrier or the barrier for such a pool may be

19  mounted on top of its structure; however, such structure or

20  separately mounted barrier must meet all barrier requirements

21  of this section. In addition, any ladder or steps that are the

22  means of access to an aboveground pool must be capable of

23  being secured, locked, or removed to prevent access or must be

24  surrounded by a barrier that meets the requirements of this

25  section.

26          (3)  Gates that provide access to swimming pools must

27  open outwards away from the pool and be self-closing and

28  equipped with a self-latching locking device, the release

29  mechanism of which must be located on the pool side of the

30  gate and so placed that it cannot be reached by a young child

31  over the top or through any opening or gap.

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1          (4)  A wall of a dwelling may serve as part of the

 2  barrier if it does not contain any door or window that opens

 3  to provide access to the swimming pool.

 4          (5)  A barrier may not be located in a way that allows

 5  any permanent structure, equipment, or similar object to be

 6  used for climbing the barrier.

 7          515.31  Drowning prevention education program; public

 8  information publication.--

 9          (1)  The department shall develop a drowning

10  prevention education program, which shall be made available to

11  the public at the state and local levels and which shall be

12  required as set forth in s. 515.27(2) for persons in violation

13  of the pool safety requirements of this chapter. The

14  department may charge a fee, not to exceed $100, for

15  attendance at such a program. The drowning prevention

16  education program shall be funded using fee proceeds, state

17  funds appropriated for such purpose, and grants. The

18  department, in lieu of developing its own program, may adopt a

19  nationally recognized drowning prevention education program to

20  be approved for use in local safety education programs, as

21  provided by rule of the department.

22          (2)  The department shall also produce, for

23  distribution to the public at no charge, a publication that

24  provides information on drowning prevention and the

25  responsibilities of pool ownership. The department, in lieu of

26  developing its own publication, may adopt a nationally

27  recognized drowning prevention and responsibilities of pool

28  ownership publication, as provided by rule of the department.

29          515.33  Information required to be furnished to

30  buyers.--A licensed pool contractor, on entering into an

31  agreement with a buyer to build a residential swimming pool,

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  or a licensed home builder or developer, on entering into an

 2  agreement with a buyer to build a house that includes a

 3  residential swimming pool, must give the buyer a document

 4  containing the requirements of this chapter and a copy of the

 5  publication produced by the department under s. 515.31 that

 6  provides information on drowning prevention and the

 7  responsibilities of pool ownership.

 8          515.35  Rulemaking authority.--The department shall

 9  adopt rules pursuant to the Administrative Procedure Act

10  establishing the fees required to attend drowning prevention

11  education programs and setting forth the information required

12  under this chapter to be provided by licensed pool contractors

13  and licensed home builders or developers.

14          515.37  Exemptions.--This chapter does not apply to:

15          (1)  Any system of sumps, irrigation canals, or

16  irrigation flood control or drainage works constructed or

17  operated for the purpose of storing, delivering, distributing,

18  or conveying water.

19          (2)  Stock ponds, storage tanks, livestock operations,

20  livestock watering troughs, or other structures used in normal

21  agricultural practices.

22          (3)  Public swimming pools.

23          (4)  Any political subdivision that has adopted or

24  adopts a residential pool safety ordinance, provided the

25  ordinance is equal to or more stringent than the provisions of

26  this chapter.

27          (5)  Any portable spa with a safety cover that

28  complies with ASTM F1346-91(Standard Performance Specification

29  for Safety Covers and Labeling Requirements for All Covers for

30  Swimming Pools, Spas and Hot Tubs).

31          (6)  Small, temporary pools without motors, which are

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1  commonly referred to or known as "kiddy pools."

 2         Section 19.  Implementation of sections 6 through 17 of

 3  this act is contingent upon a specific appropriation for

 4  Fiscal Year 1999-2000.

 5         Section 20.  All sections of this act shall take effect

 6  July 1, 1999, unless otherwise specified.

 7

 8

 9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 2, line 18, after the semicolon

12

13  insert:

14         amending s. 252.355, F.S.; revising provisions

15         relating to registration of persons requiring

16         special needs assistance in emergencies;

17         creating s. 381.0303, F.S.; providing for

18         recruitment of health care practitioners for

19         special needs shelters; providing for

20         reimbursement; providing duties of the

21         Department of Health, the county health

22         departments, and the local emergency management

23         agencies; authorizing use of a health care

24         practitioner registry; authorizing

25         establishment of a special needs shelter

26         interagency committee; providing membership and

27         responsibilities; providing that implementing

28         certain provisions is conditional upon the

29         receipt of appropriations as specified;

30         providing for rules; amending s. 400.506, F.S.;

31         requiring nurse registries to assist at-risk

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1         clients with special needs registration and to

 2         prepare a comprehensive emergency management

 3         plan; specifying plan requirements; providing

 4         for plan review and approval; creating s.

 5         400.492, F.S.; requiring home health agencies

 6         to prepare a comprehensive emergency management

 7         plan; specifying plan requirements; amending

 8         ss. 400.497 and 400.610, F.S.; providing

 9         minimum requirements for home health agency and

10         hospice comprehensive emergency management

11         plans; providing for rules; providing for plan

12         review and approval; providing for plan review

13         and approval for hospices operating in more

14         than one county; providing for plan review and

15         approval for home health agencies operating in

16         more than one county; amending s. 400.506,

17         F.S.; requiring nurse registries to assist

18         at-risk clients with special needs registration

19         and to prepare a comprehensive emergency

20         management plan; specifying plan requirements;

21         providing for plan review and approval;

22         creating s. 401.273, F.S.; amending s. 400.605,

23         F.S.; requiring the Department of Elderly

24         Affairs to include components for comprehensive

25         emergency management plan in its rules

26         establishing minimum standards for a hospice;

27         amending s. 400.6095, F.S.; requiring that

28         certain emergency care and service information

29         be included in hospice patients' medical

30         records; providing for establishment of a

31         registry of emergency medical technicians and

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                                                  SENATE AMENDMENT

    Bill No. HB 2029, 1st Eng.

    Amendment No.    





 1         paramedics for disasters and emergencies;

 2         amending s. 408.15, F.S.; authorizing the

 3         Agency for Health Care Administration to

 4         establish uniform standards of care for special

 5         needs shelters; creating s. 455.276, F.S.;

 6         providing for establishment of a health

 7         practitioner registry for disasters and

 8         emergencies; requiring emergency and disaster

 9         planning provisions in certain state agency

10         provider contracts; specifying minimum contract

11         requirements; creating ch. 515, F.S., the

12         "Preston de Ibern/ McKenzie Merriam Residential

13         Swimming Pool Safety Act"; providing

14         legislative findings and intent; providing

15         definitions; providing pool safety feature

16         requirements and options; providing penalties;

17         providing pool barrier requirements; providing

18         for a drowning prevention education program and

19         a public information publication; providing for

20         a fee; requiring pool contractors, home

21         builders, and developers to provide buyers with

22         certain information; providing rulemaking

23         authority; providing exemptions; making the

24         implementation of part of the act contingent

25         upon a specific appropriation; providing an

26         appropriation; providing an effective date.

27

28

29

30

31

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