Senate Bill 2354

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



    Florida Senate - 1999                                  SB 2354

    By Senator Forman





    32-1258-99

  1                      A bill to be entitled

  2         An act relating to assisted living facilities;

  3         amending ss. 400.408, 400.419, F.S.; revising

  4         penalties applicable to operating an unlicensed

  5         facility; providing an effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Subsection (1) of section 400.408, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         400.408  Unlicensed facilities; referral of person for

12  residency to unlicensed facility; penalties; verification of

13  licensure status.--

14         (1)(a)  It is unlawful to own, operate, or maintain an

15  assisted living facility without obtaining a license under

16  this part.

17         (b)  Except as provided under paragraph (d), any person

18  who owns, operates, or maintains an unlicensed assisted living

19  facility commits a felony of the third degree, punishable as

20  provided in s. 775.082, s. 775.083, or s. 775.084. Each day of

21  continued operation is a separate offense. Application for

22  licensure within 10 working days after notification shall be

23  an affirmative defense to this felony violation.

24         (c)  Any person found guilty of violating paragraph (a)

25  a second or subsequent time commits a felony of the second

26  degree, punishable as provided under s. 775.082, s. 775.083,

27  or s. 775.084. Each day of continued operation is a separate

28  offense.

29         (d)  Any person who owns, operates, or maintains an

30  unlicensed assisted living facility due to a change in this

31  part or a modification in department rule within 6 months

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    Florida Senate - 1999                                  SB 2354
    32-1258-99




  1  after the effective date of such change and who, within 10

  2  working days after receiving notification from the agency,

  3  fails to cease operation or apply for a license under this

  4  part commits a felony of the third degree, punishable as

  5  provided in s. 775.082, s. 775.083, or s. 775.084. Each day of

  6  continued operation is a separate offense.

  7         (e)  Pursuant to this subsection, Any facility that

  8  fails to apply for a license or cease operation after agency

  9  notification may be fined for each day of noncompliance

10  pursuant to s. 400.419.

11         (f)  When a licensee has an interest in more than one

12  assisted living facility, and fails to license any one of

13  these facilities, the agency may revoke the license, or impose

14  a moratorium, or impose a fine under s. 400.419, on any or all

15  of the licensed facilities until such time as the unlicensed

16  facility is licensed applies for licensure or ceases

17  operation.

18         (g)  If the agency determines that an owner is

19  operating or maintaining an assisted living facility without

20  obtaining a license and determines that a condition exists in

21  the facility that poses a threat to the health, safety, or

22  welfare of a resident of the facility, the owner is subject to

23  the same actions and fines imposed against a licensed facility

24  as specified in ss. 400.414 and 400.419.

25         (h)  Any person aware of the operation of an unlicensed

26  assisted living facility must report that facility to the

27  agency. The agency shall provide to the department's

28  department and to elder information and referral providers a

29  list, by county, of licensed assisted living facilities, to

30  assist persons who are considering an assisted living facility

31  placement in locating a licensed facility.

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






    Florida Senate - 1999                                  SB 2354
    32-1258-99




  1         Section 2.  Subsection (7) and (8) of section 400.419,

  2  Florida Statutes, 1998 Supplement, are amended to read:

  3         400.419  Violations; administrative fines.--

  4         (7)  Except as provided in subsection (8), Any

  5  unlicensed facility that continues to operate without having

  6  applied for a license 10 days after agency notification is

  7  subject to a $1,000 fine. Each day beyond 5 working 20 days

  8  after agency notification constitutes a separate violation,

  9  and the facility is subject to a fine of $500 per day.

10         (8)  Any licensed facility Unlicensed facilities whose

11  owner or administrator concurrently operates an unlicensed a

12  licensed facility is, has previously operated a licensed

13  facility, or has been employed in a licensed facility shall

14  immediately be subject to an administrative fine of $5,000

15  upon agency notification. Each day that the unlicensed a

16  facility continues to operate beyond 5 without having applied

17  for a license within 10 working days after agency notification

18  constitutes a separate violation, and the licensed such

19  facility is shall be subject to a fine of $500 per day

20  retroactive to the date of agency notification.

21         Section 3.  This act shall take effect July 1, 1999.

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24                          SENATE SUMMARY

25    Revises penalty provisions applicable to the operation of
      an unlicensed assisted living facility.
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