Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 2112
Barcode 942932
CHAMBER ACTION
Senate House
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05/01/2006 01:24 PM .
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11 Senator Garcia moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 26, line 30, through
15 page 27, line 9, delete those lines
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17 and insert:
18 (10)(9) Any person or entity providing health care
19 services which is not a clinic or specialty clinic, as defined
20 under s. 400.9905, may voluntarily apply for a certificate of
21 exemption from licensure under its exempt status. Other than
22 certificates of exemptions granted pursuant to an exemption
23 under s. 400.9905(4)(f), certificates of exemption shall
24 expire in 2 years and may be renewed. with the agency on a
25 form that sets forth its name or names and addresses, a
26 statement of the reasons why it cannot be defined as a clinic,
27 and other information deemed necessary by the agency. An
28 exemption is not transferable. The agency may charge an
29 applicant for a certificate of exemption in an amount equal to
30 $100 or the actual cost of processing the certificate,
31 whichever is less.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 2112
Barcode 942932
1 (a) The agency shall provide a form that requires the
2 name or names and addresses, a statement of the reasons why
3 the applicant is exempt from licensure as a health care clinic
4 or specialty clinic, and other information deemed necessary by
5 the agency. The signature on an application for a certificate
6 of exemption must be notarized and signed by persons having
7 knowledge of the truth of its contents. An exemption is not
8 transferable and is valid only for the reasons, location,
9 persons, and entity set forth on the application form. A
10 person or entity claiming an exemption under this part or
11 issued a current certificate of exemption must be exempt from
12 the licensing provisions of this part at all times, or such
13 claim or certificate shall be invalid from the date that such
14 person or entity is not exempt.
15 (b) The agency shall charge an applicant for a
16 certificate of exemption a fee of $100 to cover the cost of
17 processing the certificate or the actual cost of processing
18 the certificate, whichever is less.
19 (c) An application for the renewal of a certificate of
20 exemption must be submitted to the agency prior to the
21 expiration of the certificate of exemption. The agency may
22 investigate any applicant, person, or entity claiming an
23 exemption for purposes of determining compliance when a
24 certificate of exemption is sought. Authorized personnel of
25 the agency shall have access to the premises of any
26 certificateholder, applicant, or specialty clinic, other than
27 a person or entity who is exempt pursuant to s.
28 400.9905(4)(f), for the sole purpose of determining compliance
29 with an exemption under this part. The agency shall have
30 access to all billings and records indicated in s. 400.9915(2)
31 and agency rules. The agency may deny or withdraw a
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 2112
Barcode 942932
1 certificate of exemption when a person or entity does not
2 qualify under this part.
3 (d) A certificate of exemption is considered withdrawn
4 when the agency determines that an exempt status cannot be
5 confirmed. The provisions applicable to the unlicensed
6 operation of a health care clinic or specialty clinic apply to
7 any health care provider that self-determines or claims an
8 exemption or that is issued a certificate of exemption if, in
9 fact, such clinic does not meet the exemption claimed.
10 (e) Any person or entity that submits an application
11 for a certificate of exemption which contains fraudulent or
12 material and misleading information commits a felony of the
13 third degree, punishable as provided in s. 775.082, s.
14 775.083, or s. 775.084.
15 (f) A response to a request in writing for additional
16 information or clarification must be filed with the agency no
17 later than 21 days after receipt of the request or the
18 application shall be denied.
19 (g) The agency shall grant or deny an application for
20 a certificate of exemption in accordance with s. 120.60(1).
21 (h) A person or entity that qualifies as a health care
22 clinic or specialty clinic and has been denied a certificate
23 of exemption must file an initial application and pay the fee.
24 A certificate of exemption is valid only when issued and
25 current.
26 (i) The agency shall issue an emergency order of
27 suspension of a certificate of exemption when the agency finds
28 that the applicant has provided false or misleading material
29 information or omitted any material fact from the application
30 for a certificate of exemption which is permitted or required
31 by this part, or has submitted false or misleading information
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 2112
Barcode 942932
1 to the agency when self-determining an exempt status and
2 materially misleading the agency as to such status.
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6 And the title is amended as follows:
7 On page 2, line 15, after the semicolon,
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9 insert:
10 providing for a certificate of exemption from
11 licensure as a clinic to expire within a
12 specified period; providing for renewal of the
13 certificate of exemption; revising the
14 application procedures for a certificate of
15 exemption; providing grounds for the denial,
16 withdrawal, or emergency suspension of a
17 certificate of exemption by the Agency for
18 Health Care Administration; providing that it
19 is a third-degree felony for an applicant to
20 submit fraudulent or material and misleading
21 information to the agency;
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