Senate Bill sb2572

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    Florida Senate - 2005                                  SB 2572

    By Senator Webster





    9-1338A-05

  1                      A bill to be entitled

  2         An act relating to nursing home firesafety;

  3         amending s. 633.022, F.S.; requiring nursing

  4         homes to be protected by certain automatic

  5         sprinkler systems; providing a schedule;

  6         authorizing the Division of State Fire Marshal

  7         to grant certain time extensions; authorizing

  8         the division to adopt certain rules; providing

  9         for administrative sanctions under certain

10         circumstances; requiring adjustments to certain

11         provider Medicaid rates for reimbursement for

12         Medicaid   s portion of costs to meet certain

13         requirements; requiring funding for such

14         adjustments to come from existing nursing home

15         appropriations; creating s. 633.024, F.S.;

16         providing legislative findings and intent;

17         creating s. 633.0245, F.S.; authorizing the

18         State Fire Marshal to enter into an investment

19         agreement with public depositories to establish

20         the State Fire Marshal Nursing Home Fire

21         Protection Loan Guarantee Program as a limited

22         loan guarantee program to retrofit nursing

23         homes with fire protection systems; providing

24         investment and agreement limitations; requiring

25         the State Fire Marshal to solicit requests for

26         proposals; providing for application

27         requirements and procedures; providing for

28         review and approval by the State Fire Marshal;

29         providing application requirements and

30         procedures for program loans by public

31         depositories; providing deadlines and

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    Florida Senate - 2005                                  SB 2572
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 1         limitations; limiting certain claims for loss

 2         under certain circumstances; providing a

 3         definition; authorizing the State Fire Marshal

 4         to adopt rules; providing an effective date.

 5  

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

 7  

 8         Section 1.  Subsection (4) is added to section 633.022,

 9  Florida Statutes, to read:

10         633.022  Uniform firesafety standards.--The Legislature

11  hereby determines that to protect the public health, safety,

12  and welfare it is necessary to provide for firesafety

13  standards governing the construction and utilization of

14  certain buildings and structures. The Legislature further

15  determines that certain buildings or structures, due to their

16  specialized use or to the special characteristics of the

17  person utilizing or occupying these buildings or structures,

18  should be subject to firesafety standards reflecting these

19  special needs as may be appropriate.

20         (4)(a)  Notwithstanding any provision of law to the

21  contrary, each nursing home licensed under part II of chapter

22  400 shall be protected by an approved, supervised automatic

23  sprinkler system in accordance with section 9 of National Fire

24  Protection Association, Inc., Life Safety Code, in accordance

25  with the following schedule:

26         1.  Each hazardous area of each nursing home shall be

27  protected by an approved, supervised automatic sprinkler

28  system by no later than December 31, 2008.

29         2.  Each entire nursing home shall be protected by an

30  approved, supervised automatic sprinkler system by no later

31  than December 31, 2010.

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    Florida Senate - 2005                                  SB 2572
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 1         (b)  The division may grant up to two 1-year extensions

 2  of the time limits for compliance in subparagraph (a)2. if the

 3  division determines that the nursing home has been prevented

 4  from complying for reasons beyond its control.

 5         (c)  The division may adopt any rule necessary for the

 6  administration and enforcement of this subsection. The

 7  division shall enforce this subsection in accordance with the

 8  provisions of this chapter, and any nursing home licensed

 9  under part II of chapter 400 which is in violation of this

10  subsection is subject to administrative sanctions by the

11  division pursuant to this chapter.

12         (d)  Adjustments shall be made to the provider Medicaid

13  rate to allow reimbursement over a 5-year period for Medicaid

14  s portion of the costs incurred to meet the requirements of

15  this subsection. Funding for this adjustment shall come from

16  existing nursing home appropriations.

17         Section 2.  Section 633.024, Florida Statutes, is

18  created to read:

19         633.024  Legislative findings and intent; ensuring

20  effective fire protection of vulnerable nursing home residents

21  essential; retrofit of existing nursing homes expedited by

22  limited state loan guarantee; funding through Insurance

23  Regulatory Trust Fund.--

24         (1)  It is the intent of the Legislature to promote the

25  essential public purpose of ensuring effective fire protection

26  for the safety and welfare of nursing home residents of this

27  state who, because of their inability to protect themselves,

28  are most vulnerable to catastrophic injury or death in the

29  event of a fire. The Legislature finds that this purpose is

30  served by requiring the installation of appropriate fire

31  protection systems in all nursing home facilities in this

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    Florida Senate - 2005                                  SB 2572
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 1  state which do not currently have fire protection systems in

 2  operation for the protection of their residents. The

 3  Legislature finds that the high capital cost of retrofitting

 4  appropriate fire protection systems at nursing home facilities

 5  not originally designed with fire protection systems has

 6  discouraged the owners and operators of such facilities from

 7  doing so. The Legislature therefore finds that state action to

 8  provide a limited state guarantee of loans covering these

 9  capital costs will expedite the immediate installation of fire

10  protection systems at facilities that lack such systems and

11  thereby ensure effective protection for those nursing home

12  populations that are now most vulnerable to the catastrophic

13  effects of fire.

14         (2)  Because the Insurance Regulatory Trust Fund is

15  funded by the proceeds of fire insurance premiums written in

16  this state, the Legislature finds that it is in the public

17  interest for moneys held in the Insurance Regulatory Trust

18  Fund to be used to fund the limited loan guarantee program

19  that mobilizes private funding for the retrofitting of fire

20  protection systems at unprotected nursing homes located in

21  this state.

22         Section 3.  Section 633.0245, Florida Statutes, is

23  created to read:

24         633.0245  State Fire Marshal Nursing Home Fire

25  Protection Loan Guarantee Program.--

26         (1)  The State Fire Marshal, with the assistance of the

27  Division of Treasury of the Department of Financial Services,

28  may enter into an investment agreement concerning the

29  investment of certain funds held in the Insurance Regulatory

30  Trust Fund for the purpose of establishing a limited loan

31  guarantee program to be known as the State Fire Marshal

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    Florida Senate - 2005                                  SB 2572
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 1  Nursing Home Fire Protection Loan Guarantee Program. The

 2  investment must be limited as follows:

 3         (a)  Not more than $4 million of the balance in the

 4  Insurance Regulatory Trust Fund in any fiscal year may be at

 5  risk at any time for the purpose of limited loan guarantees.

 6         (b)  Such funds at risk at any time may not be used to

 7  guarantee any limited loan guarantee agreement for a period

 8  longer than 10 years.

 9         (c)  No limited loan guarantee agreement based on

10  invested funds may be entered into after December 1, 2005.

11         (2)  The State Fire Marshal may enter into limited loan

12  guarantee agreements with one or more financial institutions

13  qualified as public depositories in this state. Such

14  agreements shall provide a limited guarantee by the State of

15  Florida covering no more than 50 percent of the principal sum

16  loaned by such financial institution to an eligible nursing

17  home, as defined in subsection (10), for the sole purpose of

18  the initial installation at such nursing home of a fire

19  protection system, as defined in s. 633.021(8), approved by

20  the State Fire Marshal as being in compliance with the

21  provisions of s. 633.022 and rules adopted under such section.

22         (3)  The State Fire Marshal shall solicit requests for

23  proposals from qualified financial institutions willing to

24  fund loans to eligible nursing homes for the installation of

25  fire protection systems approved by the State Fire Marshal

26  under the State Fire Marshal Nursing Home Fire Protection Loan

27  Guarantee Program. Each request for proposal shall specify the

28  terms and conditions under which the responding institution is

29  prepared to make loans under the program, including, but not

30  limited to, applicable interest rates, repayment terms, credit

31  policies, loan fees, and proposed security interests to be

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    Florida Senate - 2005                                  SB 2572
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 1  executed by the borrower. After evaluation of all requests for

 2  proposals, the State Fire Marshal shall select one or more

 3  responding institutions as designated lenders under the

 4  program.

 5         (4)  The State Fire Marshal shall prescribe by rule an

 6  application form for participation in the State Fire Marshal

 7  Nursing Home Fire Protection Loan Guarantee Program to be

 8  submitted by each eligible nursing home that desires to

 9  install a fire protection system funded by a loan from a

10  designated lender under the program. This section does not

11  require an eligible nursing home to do business with a

12  designated lender. At a minimum, the application shall require

13  each applicant to provide the following information:

14         (a)  The name and address of the eligible nursing home.

15         (b)  The name and address of the owner of the nursing

16  home or, if the owner is a partnership, the name and address

17  of the general partner.

18         (c)  The lessee of the nursing home premises, if any.

19         (d)  A complete description of the structure or

20  structures where the fire protection system is to be

21  installed, including age, physical dimensions, overall square

22  footage, a real extent of proposed coverage areas, and other

23  relevant information concerning the premises.

24         (e)  Bed capacity of the nursing home, including beds

25  eligible for Medicare or Medicaid reimbursement.

26         (f)  A statement regarding the availability to the

27  applicant of third-party reimbursement for installation of the

28  fire protection system.

29         (g)  The location of closest water mains and fire

30  hydrants, if any.

31  

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    Florida Senate - 2005                                  SB 2572
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 1         (h)  Complete sealed drawings showing the fire

 2  protection system to be installed.

 3         (i)  Cost documentation, with a separate breakdown of

 4  cost for labor and materials.

 5         (j)  Verification of the application by the applicant.

 6         (5)  The State Fire Marshal shall evaluate each

 7  application submitted under this section to determine whether

 8  the proposed fire protection system is feasible for

 9  installation as proposed and complies with all applicable

10  firesafety code provisions. An application may not be approved

11  without a positive determination by the State Fire Marshal

12  under this subsection. If the State Fire Marshal is able to

13  determine that the proposed fire protection system is feasible

14  and complies with applicable firesafety codes, the application

15  shall be approved for submission to one or more lenders for

16  funding. If the application is insufficient, the State Fire

17  Marshal shall notify the applicant in writing and identify

18  areas of deficiency that must be corrected in order for the

19  application to be approved.

20         (6)  As soon as practicable after approval, each

21  approved application shall be submitted by the State Fire

22  Marshal to one or more designated lenders for funding. Upon

23  request of a designated lender, an approved applicant shall

24  provide the lender with documentation of its credit history

25  and financial status. If, after review of the applicant's

26  documentation, a lender refuses to fund the application, the

27  lender shall promptly notify the applicant and the State Fire

28  Marshal in writing of any reasons for its action. If the

29  lender agrees to fund the application, the lender shall notify

30  the applicant and the State Fire Marshal and schedule a

31  closing date for the loan.

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    Florida Senate - 2005                                  SB 2572
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 1         (7)  At closing, the applicant shall execute

 2  appropriate documents necessary to provide the lender and the

 3  State Fire Marshal with a security interest in the property

 4  where the fire protection system is to be installed. The State

 5  Fire Marshal shall then execute a limited loan guarantee in

 6  favor of the lender guaranteeing no more than 50 percent of

 7  the face value of the loan.

 8         (8)  A designated lender covered by a limited state

 9  guarantee for a loan under this section is not entitled to

10  file a claim for loss pursuant to the guarantee unless all

11  reasonable and normal remedies available and customary for

12  lending institutions for resolving problems of loan repayments

13  are exhausted. If the lender has received collateral security

14  in connection with the loan, the lender must first exhaust all

15  available remedies against the collateral security.

16         (9)  An application for participation in the State Fire

17  Marshal Nursing Home Fire Protection Loan Guarantee Program

18  may not be accepted by the State Fire Marshal after June 30,

19  2006.

20         (10)  For purposes of this section, the term "eligible

21  nursing home" means a nursing home facility providing nursing

22  services as defined in chapter 464 licensed under part II of

23  chapter 400 which is certified by the Agency for Health Care

24  Administration to lack an installed fire protection system as

25  defined in s. 633.021(8).

26         (11)  The State Fire Marshal may adopt rules to

27  administer this section.

28         Section 4.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                  SB 2572
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires that all nursing homes be protected by an
      approved, supervised automatic sprinkler system. Requires
 4    the installation of sprinkler systems in hazardous areas
      by December 31, 2008, and in nonhazardous areas by
 5    December 31, 2010. Authorizes the Division of State Fire
      Marshal Services to grant two 1-year extensions for
 6    installing sprinkler systems in nonhazardous areas of a
      nursing home. Creates the State Fire Marshal Nursing Home
 7    Fire Protection Loan Guarantee Program to retrofit
      nursing homes with fire protection systems. (See bill for
 8    details.)

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