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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2154, CS for SB 1900 & SB 282

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Forman moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 87, between lines 20 and 21,

15

16  insert:

17         Section 59.  Subsections (1) and (2) of section

18  400.408, Florida Statutes, are amended to read:

19         400.408  Unlicensed facilities; referral of person for

20  residency to unlicensed facility; penalties; verification of

21  licensure status.--

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

23  assisted living facility without obtaining a license under

24  this part.

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

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

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

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

29  continued operation is a separate offense.

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2154, CS for SB 1900 & SB 282

    Amendment No.    





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

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

 3  offense.

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

 5  unlicensed assisted living facility due to a change in this

 6  part or a modification in department rule within 6 months

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

 8  working days after receiving notification from the agency,

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

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

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

12  continued operation is a separate offense.

13         (e)  Any facility that fails to cease operation after

14  agency notification may be fined for each day of noncompliance

15  pursuant to s. 400.419.

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

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

18  these facilities, the agency may revoke the license, impose a

19  moratorium, or impose a fine pursuant to s. 400.419, on any or

20  all of the licensed facilities until such time as the

21  unlicensed facility is licensed or ceases operation.

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

23  operating or maintaining an assisted living facility without

24  obtaining a license and determines that a condition exists in

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

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

27  the same actions and fines imposed against a licensed facility

28  as specified in ss. 400.414 and 400.419.

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

30  assisted living facility must report that facility to the

31  agency. The agency shall provide to the department's elder

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2154, CS for SB 1900 & SB 282

    Amendment No.    





 1  information and referral providers a list, by county, of

 2  licensed assisted living facilities, to assist persons who are

 3  considering an assisted living facility placement in locating

 4  a licensed facility.

 5         (i)  Each field office of the Agency for Health Care

 6  Administration shall establish a local coordinating workgroup

 7  which includes representatives of local law enforcement

 8  agencies, state attorneys, local fire authorities, the

 9  Department of Children and Family Services, the district

10  long-term care ombudsman council, and the district human

11  rights advocacy committee to assist in identifying the

12  operation of unlicensed assisted living facilities and to

13  develop and implement a plan to ensure effective enforcement

14  of state laws relating to such facilities. The workgroup shall

15  report its findings, actions, and recommendations

16  semi-annually to the Director of Health Facility Regulation of

17  the agency.

18         (2)  It is unlawful to knowingly refer a person for

19  residency to an unlicensed assisted living facility; to an

20  assisted living facility the license of which is under denial

21  or has been suspended or revoked; or to an assisted living

22  facility that has a moratorium on admissions.  Any person who

23  violates this subsection commits a noncriminal violation,

24  punishable by a fine not exceeding $500 as provided in s.

25  775.083.

26         (a)  Any health care practitioner, as defined in s.

27  455.501, which is aware of the operation of an unlicensed

28  assisted living facility shall report that facility to the

29  agency. Failure to report a facility that the practitioner

30  knows or has reasonable cause to suspect is unlicensed shall

31  be reported to the practitioner's licensing board.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2154, CS for SB 1900 & SB 282

    Amendment No.    





 1         (b)  Any hospital or community mental health center

 2  licensed under chapter 395 or chapter 394 which knowingly

 3  discharges a patient or client to an unlicensed assisted

 4  living facility is subject to sanction by the agency.

 5         (c)(a)  Any employee of the agency or department, or

 6  the Department of Children and Family Services, who knowingly

 7  refers a person for residency to an unlicensed facility; to a

 8  facility the license of which is under denial or has been

 9  suspended or revoked; or to a facility that has a moratorium

10  on admissions is subject to disciplinary action by the agency

11  or department, or the Department of Children and Family

12  Services.

13         (d)(b)  The employer of any person who is under

14  contract with the agency or department, or the Department of

15  Children and Family Services, and who knowingly refers a

16  person for residency to an unlicensed facility; to a facility

17  the license of which is under denial or has been suspended or

18  revoked; or to a facility that has a moratorium on admissions

19  shall be fined and required to prepare a corrective action

20  plan designed to prevent such referrals.

21         (e)(c)  The agency shall provide the department and the

22  Department of Children and Family Services with a list of

23  licensed facilities within each county and shall update the

24  list at least quarterly.

25         (f)(d)  At least annually, the agency shall notify, in

26  appropriate trade publications, physicians licensed under

27  chapter 458 or chapter 459, hospitals licensed under chapter

28  395, nursing home facilities licensed under part II of this

29  chapter, and employees of the agency or the department, or the

30  Department of Children and Family Services, who are

31  responsible for referring persons for residency, that it is

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2154, CS for SB 1900 & SB 282

    Amendment No.    





 1  unlawful to knowingly refer a person for residency to an

 2  unlicensed assisted living facility and shall notify them of

 3  the penalty for violating such prohibition. The department and

 4  the Department of Children and Family Services shall, in turn,

 5  notify service providers under contract to the respective

 6  departments who have responsibility for resident referrals to

 7  facilities. Further, the notice must direct each noticed

 8  facility and individual to contact the appropriate agency

 9  office in order to verify the licensure status of any facility

10  prior to referring any person for residency. Each notice must

11  include the name, telephone number, and mailing address of the

12  appropriate office to contact.

13         Section 60.  Subsection (1) of section 415.1034,

14  Florida Statutes, is amended to read:

15         415.1034  Mandatory reporting of abuse, neglect, or

16  exploitation of disabled adults or elderly persons; mandatory

17  reports of death.--

18         (1)  MANDATORY REPORTING.--

19         (a)  Any person, including, but not limited to, any:

20         1.  Physician, osteopathic physician, medical examiner,

21  chiropractic physician, nurse, paramedic, emergency medical

22  technician, or hospital personnel engaged in the admission,

23  examination, care, or treatment of disabled adults or elderly

24  persons;

25         2.  Health professional or mental health professional

26  other than one listed in subparagraph 1.;

27         3.  Practitioner who relies solely on spiritual means

28  for healing;

29         4.  Nursing home staff; assisted living facility staff;

30  adult day care center staff; adult family-care home staff;

31  social worker; or other professional adult care, residential,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2154, CS for SB 1900 & SB 282

    Amendment No.    





 1  or institutional staff;

 2         5.  State, county, or municipal criminal justice

 3  employee or law enforcement officer;

 4         6.  An employee of the Department of Business and

 5  Professional Regulation conducting inspections of public

 6  lodging establishments under s. 509.032;

 7         7.6.  Human rights advocacy committee or long-term care

 8  ombudsman council member; or

 9         8.7.  Bank, savings and loan, or credit union officer,

10  trustee, or employee,

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12  who knows, or has reasonable cause to suspect, that a disabled

13  adult or an elderly person has been or is being abused,

14  neglected, or exploited shall immediately report such

15  knowledge or suspicion to the central abuse registry and

16  tracking system on the single statewide toll-free telephone

17  number.

18         (b)  To the extent possible, a report made pursuant to

19  paragraph (a) must contain, but need not be limited to, the

20  following information:

21         1.  Name, age, race, sex, physical description, and

22  location of each disabled adult or an elderly person alleged

23  to have been abused, neglected, or exploited.

24         2.  Names, addresses, and telephone numbers of the

25  disabled adult's or elderly person's family members.

26         3.  Name, address, and telephone number of each alleged

27  perpetrator.

28         4.  Name, address, and telephone number of the

29  caregiver of the disabled adult or elderly person, if

30  different from the alleged perpetrator.

31         5.  Name, address, and telephone number of the person

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2154, CS for SB 1900 & SB 282

    Amendment No.    





 1  reporting the alleged abuse, neglect, or exploitation.

 2         6.  Description of the physical or psychological

 3  injuries sustained.

 4         7.  Actions taken by the reporter, if any, such as

 5  notification of the criminal justice agency.

 6         8.  Any other information available to the reporting

 7  person which may establish the cause of abuse, neglect, or

 8  exploitation that occurred or is occurring.

 9

10  (Redesignate subsequent sections.)

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12

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

14  And the title is amended as follows:

15         On page 7, line 21, after the semicolon,

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17  insert:

18         amending s. 400.408, F.S.; requiring field

19         offices of the Agency for Health Care

20         Administration to establish local coordinating

21         workgroups to identify the operation of

22         unlicensed assisted living facilities and to

23         develop a plan to enforce state laws relating

24         to unlicensed assisted living facilities;

25         requiring a report to the agency of the

26         workgroup's findings and recommendations;

27         requiring health care practitioners to report

28         known operations of unlicensed facilities;

29         prohibiting hospitals and community mental

30         health centers from discharging a patient or

31         client to an unlicensed facility; amending s.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 2154, CS for SB 1900 & SB 282

    Amendment No.    





 1         415.1034, F.S.; requiring paramedics and

 2         emergency medical technicians to report acts of

 3         abuse committed against a disabled adult or

 4         elderly person;

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