SENATE AMENDMENT
Bill No. CS for SB 2568, 1st Eng.
Amendment No. ___ Barcode 102110
CHAMBER ACTION
Senate House
.
.
1 1/AD/3R .
04/30/2003 04:35 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senators Lynn and Argenziano moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 33, between lines 5 and 6,
15
16 insert:
17 Section 23. Paragraphs (e) and (f) are added to
18 subsection (15) of section 400.141, Florida Statutes, to read:
19 400.141 Administration and management of nursing home
20 facilities.--Every licensed facility shall comply with all
21 applicable standards and rules of the agency and shall:
22 (15) Submit semiannually to the agency, or more
23 frequently if requested by the agency, information regarding
24 facility staff-to-resident ratios, staff turnover, and staff
25 stability, including information regarding certified nursing
26 assistants, licensed nurses, the director of nursing, and the
27 facility administrator. For purposes of this reporting:
28 (e) A nursing facility which does not have a
29 conditional license may be cited for failure to comply with
30 the standards in s. 400.23(3)(a) only if it has failed to meet
31 those standards on 2 consecutive days or if it has failed to
1
11:00 AM 04/30/03 s2568.cf07.3r
SENATE AMENDMENT
Bill No. CS for SB 2568, 1st Eng.
Amendment No. ___ Barcode 102110
1 meet at least 97 percent of those standards on any one day.
2 (f) A facility which has a conditional license must be
3 in compliance with the standards in s. 400.23(3)(a) at all
4 times.
5
6 Nothing in this section shall limit the agency's ability to
7 impose a deficiency or take other actions if a facility does
8 not have enough staff to meet the residents' needs.
9
10 (Redesignate subsequent sections.)
11
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 1, line 2, through page 5, line 7, delete those
16 lines,
17
18 and insert:
19 An act relating to vulnerable persons; amending
20 s. 744.102, F.S.; redefining the term
21 "professional guardian"; amending s. 744.1083,
22 F.S.; revising procedures for registration of
23 professional and public guardians; providing
24 for the Department of Elderly Affairs to
25 contract with a not-for-profit entity;
26 providing for prerequisites; providing for a
27 form; providing fees; requiring information to
28 be provided to the courts; providing for
29 voluntary registration as a public guardian of
30 a state college or university or independent
31 college or university; providing required
2
11:00 AM 04/30/03 s2568.cf07.3r
SENATE AMENDMENT
Bill No. CS for SB 2568, 1st Eng.
Amendment No. ___ Barcode 102110
1 registration information; amending s. 744.1085,
2 F.S.; revising provisions relating to the
3 regulation of professional and public
4 guardians; providing for credit checks and
5 background screenings; providing for an
6 examination; providing for waiver of
7 examination; prohibiting the appointment, after
8 a specified date, of professional and public
9 guardians who have not met these requirements;
10 amending s. 744.3135, F.S., relating to credit
11 and criminal investigations; allowing a court
12 to require nonprofessional guardians to undergo
13 credit checks and background screening;
14 amending s. 744.444, F.S.; allowing plenary or
15 limited guardians to employ case managers;
16 permitting reasonable reimbursement of
17 compensation and fees for persons employed by
18 the guardian for services provided to the
19 guardianship estate; allowing plenary or
20 limited guardians to provide certain
21 confidential information to ombudsman council
22 members; requiring that confidentiality be
23 maintained; amending s. 744.534, F.S.;
24 providing for the Secretary of Elderly Affairs
25 to determine the use of certain unclaimed funds
26 held by a guardian; amending s. 744.7021, F.S.;
27 revising the organization of the Statewide
28 Public Guardianship Office within the
29 Department of Elderly Affairs; providing that
30 the Secretary of Elderly Affairs shall appoint
31 or contract with the head of the office to be
3
11:00 AM 04/30/03 s2568.cf07.3r
SENATE AMENDMENT
Bill No. CS for SB 2568, 1st Eng.
Amendment No. ___ Barcode 102110
1 executive director; providing for rulemaking by
2 the department; amending s. 744.704, F.S.;
3 revising the powers and duties of public
4 guardians; prescribing who may be served by
5 public guardians; creating the Guardianship
6 Task Force within the department; providing
7 purpose; providing for staff, a chairperson,
8 and membership of the task force; providing for
9 organizations that appoint members to pay their
10 expenses; providing duties of the task force;
11 requiring a preliminary and a final report to
12 the Governor and the Legislature; allowing the
13 appointment of auxiliary members; providing a
14 term of service; amending s. 744.108, F.S.;
15 providing that costs and attorney's fees
16 incurred as part of the guardianship
17 administration shall be determined by the
18 court; amending s. 744.3145, F.S.; reducing the
19 educational requirements for a person serving
20 as a guardian for the person's minor child;
21 creating ss. 393.506 and 400.9685, F.S.;
22 providing for certain unlicensed staff to
23 assist persons with developmental disabilities
24 to administer certain prescription medications;
25 providing the conditions under which staff may
26 assist with medication; requiring the Agency
27 for Health Care Administration to provide for
28 specified aspects of the administration of
29 medication in rule; amending s. 415.102, F.S.;
30 redefining the terms "abuse," "neglect," and
31 "vulnerable adult"; creating s. 415.1046, F.S.;
4
11:00 AM 04/30/03 s2568.cf07.3r
SENATE AMENDMENT
Bill No. CS for SB 2568, 1st Eng.
Amendment No. ___ Barcode 102110
1 providing the Department of Children and Family
2 Services with the authority to contract for
3 provision of adult protective investigative
4 services; stipulating the requirements for
5 sheriffs' offices to be eligible to contract
6 for provision of adult protective investigative
7 services; providing for the contracting and
8 funding for adult protective investigative
9 services; requiring sheriff's employees to
10 complete certain training; stipulating minimum
11 requirements for the sheriffs' offices'
12 operation of adult protective investigations;
13 requiring a program performance evaluation;
14 amending s. 402.310, F.S.; authorizing the
15 Department of Children and Family Services or a
16 local licensing agency to deny, suspend, or
17 revoke the license of a child care facility, a
18 licensed family day care home, or a large
19 family child care home and to deny, suspend, or
20 revoke the registration of a family day care
21 home following a violation of certain laws or
22 rules; amending s. 402.313, F.S.; abolishing
23 the authority of the Department of Children and
24 Family Services or a local licensing agency to
25 impose an administrative fine for family day
26 care homes; requiring the department to
27 establish minimum safety standards for licensed
28 family day care homes; amending s. 402.3131,
29 F.S.; abolishing the authority of the
30 Department of Children and Family Services or a
31 local licensing agency to impose an
5
11:00 AM 04/30/03 s2568.cf07.3r
SENATE AMENDMENT
Bill No. CS for SB 2568, 1st Eng.
Amendment No. ___ Barcode 102110
1 administrative fine for large family child care
2 homes; amending s. 402.3055, F.S.; requiring a
3 signed affidavit attesting to the accuracy of
4 certain information provided by an applicant
5 for a child care facility license; amending s.
6 402.310, F.S.; requiring the Department of
7 Children and Family Services to establish and
8 impose uniform penalties relating to child care
9 facility violations; requiring implementation
10 not contingent upon an appropriation; creating
11 s. 402.3105, F.S.; requiring the department to
12 establish a database of information relating to
13 violations, citations, and penalties imposed
14 against child care facilities regulated by the
15 state; requiring the Department of Children and
16 Family Services to consult and meet the
17 requirements of the State Technology Office;
18 specifying database capabilities and uses of
19 information contained therein; requiring
20 implementation not contingent upon an
21 appropriation; directing the Department of
22 Children and Family Services to adopt a rule
23 defining child care; amending 400.141, F.S.;
24 providing that a nursing facility may be cited
25 for a failure to comply with standards under
26 specified conditions; providing an effective
27 date.
28
29
30
31
6
11:00 AM 04/30/03 s2568.cf07.3r