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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Latvala moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 38, between lines 25 and 26,

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16  insert:

17         Section 17.  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 SB 420

    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 SB 420

    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 facilities and to develop and

13  implement a plan to ensure effective enforcement of state laws

14  relating to such facilities. The workgroup shall report its

15  findings, actions, and recommendations semi-annually to the

16  Director of Health Facility Regulation of the agency.

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

18  residency to an unlicensed assisted living facility; to an

19  assisted living facility the license of which is under denial

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

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

22  violates this subsection commits a noncriminal violation,

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

24  775.083.

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

26  455.501, which is aware of the operation of an unlicensed

27  facility shall report that facility to the agency. Failure to

28  report a facility that the practitioner knows or has

29  reasonable cause to suspect is unlicensed shall be reported to

30  the practitioner's licensing board.

31         (b)  Any hospital or community mental health center

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No.    





 1  licensed under chapter 395 or chapter 394 which knowingly

 2  discharges a patient or client to an unlicensed facility is

 3  subject to sanction by the agency.

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

 5  the Department of Children and Family Services, who knowingly

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

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

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

 9  on admissions is subject to disciplinary action by the agency

10  or department, or the Department of Children and Family

11  Services.

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

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

14  Children and Family Services, and who knowingly refers a

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

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

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

18  shall be fined and required to prepare a corrective action

19  plan designed to prevent such referrals.

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

21  Department of Children and Family Services with a list of

22  licensed facilities within each county and shall update the

23  list at least quarterly.

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

25  appropriate trade publications, physicians licensed under

26  chapter 458 or chapter 459, hospitals licensed under chapter

27  395, nursing home facilities licensed under part II of this

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

29  Department of Children and Family Services, who are

30  responsible for referring persons for residency, that it is

31  unlawful to knowingly refer a person for residency to an

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No.    





 1  unlicensed assisted living facility and shall notify them of

 2  the penalty for violating such prohibition. The department and

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

 4  notify service providers under contract to the respective

 5  departments who have responsibility for resident referrals to

 6  facilities. Further, the notice must direct each noticed

 7  facility and individual to contact the appropriate agency

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

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

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

11  appropriate office to contact.

12         Section 18.  Subsection (1) of section 415.1034,

13  Florida Statutes, is amended to read:

14         415.1034  Mandatory reporting of abuse, neglect, or

15  exploitation of disabled adults or elderly persons; mandatory

16  reports of death.--

17         (1)  MANDATORY REPORTING.--

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

19         1.  Physician, osteopathic physician, medical examiner,

20  chiropractic physician, nurse, paramedic, emergency medical

21  technician, or hospital personnel engaged in the admission,

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

23  persons;

24         2.  Health professional or mental health professional

25  other than one listed in subparagraph 1.;

26         3.  Practitioner who relies solely on spiritual means

27  for healing;

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

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

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

31  or institutional staff;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No.    





 1         5.  State, county, or municipal criminal justice

 2  employee or law enforcement officer;

 3         6.  An employee of the Department of Business and

 4  Professional Regulation conducting inspections of public

 5  lodging establishments under s. 509.032;

 6         7.6.  Human rights advocacy committee or long-term care

 7  ombudsman council member; or

 8         8.7.  Bank, savings and loan, or credit union officer,

 9  trustee, or employee,

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

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

13  neglected, or exploited shall immediately report such

14  knowledge or suspicion to the central abuse registry and

15  tracking system on the single statewide toll-free telephone

16  number.

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

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

19  following information:

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

21  location of each disabled adult or an elderly person alleged

22  to have been abused, neglected, or exploited.

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

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

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

26  perpetrator.

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

28  caregiver of the disabled adult or elderly person, if

29  different from the alleged perpetrator.

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

31  reporting the alleged abuse, neglect, or exploitation.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

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 1         6.  Description of the physical or psychological

 2  injuries sustained.

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

 4  notification of the criminal justice agency.

 5         8.  Any other information available to the reporting

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

 7  exploitation that occurred or is occurring.

 8

 9  (Redesignate subsequent sections.)

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11

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

13  And the title is amended as follows:

14         On page 3, line 1, after the semicolon,

15

16  insert:

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

18         offices of the Agency for Health Care

19         Administration to establish local coordinating

20         workgroups to identify the operation of

21         unlicensed assisted living facilities and to

22         develop a plan to enforce state laws relating

23         to unlicensed assisted living facilities;

24         requiring a report to the agency of the

25         workgroup's findings and recommendations;

26         requiring health care practitioners to report

27         known operations of unlicensed facilities;

28         prohibiting hospitals and community mental

29         health centers from discharging a patient or

30         client to an unlicensed facility; amending s.

31         415.1034, F.S.; requiring paramedics and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No.    





 1         emergency medical technicians to report acts of

 2         abuse committed against a disabled adult or

 3         elderly person;

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