CS/SB 388: Assisted Care Communities
GENERAL BILL by Health Care ; Argenziano
Assisted Care Communities; creates ch. 429, F.S., & transfers specified provisions of ch. 400, F.S. re assisted living facilities, adult family-care homes, & adult day care centers to ch. 429, F.S.; conforms references to changes made by act; provides that physician assistants are subject to certain requirements in same manner as physicians; requests Division of Statutory Revision to make necessary conforming changes to Florida Statutes. Creates Ch. 429; amends FS.
Effective Date: 07/01/2006
Last Action: 6/13/2006 - Signed by Officers and presented to Governor; Approved by Governor; Chapter No. 2006-197
Bill Text: Web Page | PDF
Last Action: 6/13/2006 - Signed by Officers and presented to Governor; Approved by Governor; Chapter No. 2006-197
Bill Text: Web Page | PDF
Bill History
| Date | Chamber | Action |
|---|---|---|
| 10/19/2005 | Senate |
• Filed |
| 11/10/2005 | Senate |
• Referred to Children and Families; Health Care |
| 12/28/2005 | Senate |
• On Committee agenda-- Children and Families, 01/10/06, 2:00 pm, 301-S |
| 1/10/2006 | Senate |
• Favorable with 10 amendment(s) by Children and Families; YEAS 4 NAYS 1 |
| 1/11/2006 | Senate |
• Now in Health Care |
| 1/31/2006 | Senate |
• On Committee agenda-- Health Care, 02/08/06, 2:00 pm, 412-K |
| 2/8/2006 | Senate |
• CS by- Health Care; YEAS 8 NAYS 0 |
| 2/9/2006 | Senate |
• Placed on Calendar, on second reading |
| 3/7/2006 | Senate |
• Introduced, referred to Children and Families; Health Care -SJ 00067; On Committee agenda-- Children and Families, 01/10/06, 2:00 pm, 301-S; Favorable with 10 amendment(s) by Children and Families; YEAS 4 NAYS 1 -SJ 00192; Now in Health Care -SJ 00192; On Committee agenda-- Health Care, 02/08/06, 2:00 pm, 412-K; CS by- Health Care; YEAS 8 NAYS 0 -SJ 00195; CS read first time on 03/07/06 -SJ 00183; Placed on Calendar, on second reading -SJ 00195 |
| 3/9/2006 | Senate |
• Placed on Special Order Calendar -SJ 00012; Read second time -SJ 00226; Amendment(s) adopted -SJ 00226; Ordered engrossed -SJ 00226 |
| 3/16/2006 | Senate |
• Read third time -SJ 00255; CS passed as amended; YEAS 38 NAYS 0 -SJ 00255 |
| 3/22/2006 | House |
• In Messages |
| 5/2/2006 | House |
• Received, referred to Calendar -HJ 01126 |
| 5/3/2006 | House |
• Placed on Special Order Calendar; Substituted for HB 501 -HJ 01187; Read second time -HJ 01187; Read third time -HJ 01187; CS passed; YEAS 120 NAYS 0 -HJ 01187 |
| 5/3/2006 | Senate |
• Ordered enrolled -SJ 00968 |
| 6/13/2006 |
• Signed by Officers and presented to Governor; Approved by Governor; Chapter No. 2006-197 |
Related Bills
| Bill Number | Subject | Filed By | Relationship | Last Action and Location |
|---|---|---|---|---|
| H 501 | Clarke | Similar | Last Action: 5/3/2006 H Placed on Special Order Calendar; Substituted CS/SB 388; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/SB 388 (Ch. 2006-197) -HJ 01187 |
Bill Text
| Version | Posted | Format |
|---|---|---|
| S 388 Filed | 10/20/2005 4:06 PM | Web Page | PDF |
| S 388 c1 | 2/9/2006 3:25 PM | Web Page | PDF |
| S 388 e1 | 3/9/2006 11:51 AM | Web Page | PDF |
| S 388 er | 5/4/2006 7:26 AM | Web Page | PDF |
Committee Amendments
| Amendment | Sponsor | Filed | Last Committee Action | Format |
|---|---|---|---|---|
|
113316 - Amendment |
Children and Families (Campbell) |
1/9/2006 1:48 PM |
Favorable
2/9/2006 |
Web Page
|
|
915514 - Amendment |
Children and Families (Campbell) |
1/9/2006 1:48 PM |
Favorable
2/9/2006 |
Web Page
|
|
682972 - Amendment |
Children and Families (Campbell) |
1/9/2006 1:48 PM |
Favorable
2/9/2006 |
Web Page
|
615274 - Amendment to Amendment (682972) |
Health Care (Peaden) |
2/2/2006 3:10 PM |
Favorable
2/9/2006 |
Web Page
|
|
423626 - Amendment |
Children and Families (Campbell) |
1/9/2006 1:48 PM |
Favorable
2/9/2006 |
Web Page
|
|
052534 - Amendment |
Children and Families (Campbell) |
1/9/2006 1:49 PM |
Favorable
2/9/2006 |
Web Page
|
|
834534 - Amendment |
Children and Families (Campbell) |
1/9/2006 1:49 PM |
Favorable
2/9/2006 |
Web Page
|
|
570724 - Amendment |
Children and Families (Campbell) |
1/9/2006 1:49 PM |
Favorable
2/9/2006 |
Web Page
|
|
044226 - Amendment |
Children and Families (Campbell) |
1/9/2006 1:50 PM |
Favorable
2/9/2006 |
Web Page
|
|
874786 - Amendment |
Children and Families (Campbell) |
1/9/2006 1:50 PM |
Favorable
2/9/2006 |
Web Page
|
|
361290 - Amendment |
Children and Families (Campbell) |
1/9/2006 1:50 PM |
Favorable
2/9/2006 |
Web Page
|
|
255516 - Amendment |
Health Care (Peaden) |
2/2/2006 3:10 PM |
Favorable
2/9/2006 |
Web Page
|
Floor Amendments
| Amendments | Sponsor | Filed | Last Floor Action | Format |
|---|---|---|---|---|
|
442842 - Amendment |
Saunders |
3/9/2006 10:09 AM |
Senate:
Adopted
3/9/2006 |
Web Page
|
|
313034 - Amendment |
Saunders |
3/9/2006 10:10 AM |
Senate:
Adopted
3/9/2006 |
Web Page
|
|
540664 - Amendment |
Saunders |
3/9/2006 10:13 AM |
Senate:
Adopted
3/9/2006 |
Web Page
|
| Amendments | Sponsor | Filed | Last Floor Action | Format |
|---|---|---|---|---|
|
689995 - Amendment |
Benson |
5/2/2006 11:45 PM |
Web Page
|
Bill Analyses
| Type | Analysis | Author | Posted | Format |
|---|---|---|---|---|
| Bill Analysis | S 388 | Children and Families (Post-Meeting) | 12/12/2005 12:00 AM | |
| Bill Analysis | S 388 | Health Care (Post-Meeting) | 2/9/2006 12:00 AM |
Vote History - Committee
| Version | Committee | Date | Result |
|---|---|---|---|
| S 388 Filed | Children and Families | 1/10/2006 2:00 PM | 4 Yeas - 1 Nays |
| S 388 Filed | Health Care | 2/8/2006 2:00 PM | 8 Yeas - 0 Nays |
Vote History - Floor
| Vote | Date | Chamber | Result |
|---|---|---|---|
| S 388 e1 | 3/16/2006 9:42 AM | Senate | 38 Yeas - 0 Nays |
| S 388 e1 | 5/3/2006 2:20 PM | House | 120 Yeas - 0 Nays |
Citations - Statutes (233)
| Citation | Catchline | Location in Bill Location In Bill Help |
|---|---|---|
| 101.655 | Supervised voting by absent electors in certain facilities. | |
| 189.428 | Special districts; oversight review process. | |
| 196.1975 | Exemption for property used by nonprofit homes for the aged. | |
| 202.125 | Sales of communications services; specified exemptions. | |
| 205.1965 | Assisted living facilities. | |
| 212.031 | Tax on rental or license fee for use of real property. | |
| 212.08 | Sales, rental, use, consumption, distribution, and storage tax; specified exemptions. | |
| 296.02 | Definitions. | |
| 381.0035 | Educational course on HIV and AIDS; employees and clients of certain health care facilities. | |
| 381.745 | Definitions; ss. 381.739-381.79. | |
| 393.063 | Definitions. | |
| 393.506 | Administration of medication. | |
| 394.455 | Definitions. | |
| 394.4574 | Department responsibilities for a mental health resident who resides in an assisted living facility that holds a limited mental health license. | |
| 394.463 | Involuntary examination. | |
| 400.0063 | Establishment of Office of State Long-Term Care Ombudsman; designation of ombudsman and legal advocate. | |
| 400.0069 | Local long-term care ombudsman councils; duties; membership. | |
| 400.0073 | State and local ombudsman council investigations. | |
| 400.0077 | Confidentiality. | |
| 400.0239 | Quality of Long-Term Care Facility Improvement Trust Fund. | |
| 400.119 | Confidentiality of records and meetings of risk management and quality assurance committees. | |
| 400.141 | Administration and management of nursing home facilities. | |
| 400.191 | Availability, distribution, and posting of reports and records. | |
| 400.215 | Personnel screening requirement. | |
| 400.401 | Short title; purpose. | |
| 400.402 | Definitions. | |
| 400.404 | Facilities to be licensed; exemptions. | |
| 400.407 | License required; fee, display. | |
| 400.4071 | Intergenerational respite care assisted living facility pilot program. | |
| 400.4075 | Limited mental health license. | |
| 400.408 | Unlicensed facilities; referral of person for residency to unlicensed facility; penalties; verification of licensure status. | |
| 400.411 | Initial application for license; provisional license. | |
| 400.412 | Sale or transfer of ownership of a facility. | |
| 400.414 | Denial, revocation, or suspension of license; imposition of administrative fine; grounds. | |
| 400.415 | Moratorium on admissions; notice. | |
| 400.417 | Expiration of license; renewal; conditional license. | |
| 400.4174 | Background screening; exemptions. | |
| 400.4176 | Notice of change of administrator. | |
| 400.4177 | Patients with Alzheimer's disease or other related disorders; certain disclosures. | |
| 400.4178 | Special care for persons with Alzheimer's disease or other related disorders. | |
| 400.418 | Disposition of fees and administrative fines. | |
| 400.419 | Violations; imposition of administrative fines; grounds. | |
| 400.4195 | Rebates prohibited; penalties. | |
| 400.42 | Certain solicitation prohibited; third-party supplementation. | |
| 400.421 | Injunctive proceedings. | |
| 400.422 | Receivership proceedings. | |
| 400.423 | Internal risk management and quality assurance program; adverse incidents and reporting requirements. | |
| 400.424 | Contracts. | |
| 400.4255 | Use of personnel; emergency care. | |
| 400.4256 | Assistance with self-administration of medication. | |
| 400.426 | Appropriateness of placements; examinations of residents. | |
| 400.427 | Property and personal affairs of residents. | |
| 400.4275 | Business practice; personnel records; liability insurance. | |
| 400.428 | Resident bill of rights. | |
| 400.429 | Civil actions to enforce rights. | |
| 400.4293 | Presuit notice; investigation; notification of violation of residents' rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation. | |
| 400.4294 | Availability of facility records for investigation of resident's rights violations and defenses; penalty. | |
| 400.4295 | Certain provisions not applicable to actions under this part. | |
| 400.4296 | Statute of limitations. | |
| 400.4297 | Punitive damages; pleading; burden of proof. | |
| 400.4298 | Punitive damages; limitation. | |
| 400.431 | Closing of facility; notice; penalty. | |
| 400.434 | Right of entry and inspection. | |
| 400.435 | Maintenance of records; reports. | |
| 400.441 | Rules establishing standards. | |
| 400.442 | Pharmacy and dietary services. | |
| 400.444 | Construction and renovation; requirements. | |
| 400.4445 | Compliance with local zoning requirements. | |
| 400.447 | Prohibited acts; penalties for violation. | |
| 400.449 | Resident records; penalties for alteration. | |
| 400.451 | Existing facilities to be given reasonable time to comply with rules and standards. | |
| 400.452 | Staff training and educational programs; core educational requirement. | |
| 400.453 | Consultation by the agency. | |
| 400.454 | Collection of information; local subsidy. | |
| 400.462 | Definitions. | |
| 400.464 | Home health agencies to be licensed; expiration of license; exemptions; unlawful acts; penalties. | |
| 400.497 | Rules establishing minimum standards. | |
| 400.55 | Purpose. | |
| 400.551 | Definitions. | |
| 400.552 | Applicability. | |
| 400.553 | Exemptions; monitoring of adult day care center programs colocated with assisted living facilities or licensed nursing home facilities. | |
| 400.554 | License requirement; fee; exemption; display. | |
| 400.555 | Application for license. | |
| 400.556 | Denial, suspension, revocation of license; administrative fines; investigations and inspections. | |
| 400.5565 | Administrative fines; interest. | |
| 400.557 | Expiration of license; renewal; conditional license or permit. | |
| 400.5571 | Patients with Alzheimer's disease or other related disorders; staff training requirements; certain disclosures. | |
| 400.5572 | Background screening. | |
| 400.5575 | Disposition of fees and administrative fines. | |
| 400.558 | Injunctive relief. | |
| 400.559 | Closing or change of owner or operator of center. | |
| 400.56 | Right of entry and inspection. | |
| 400.562 | Rules establishing standards. | |
| 400.563 | Construction and renovation; requirements. | |
| 400.564 | Prohibited acts; penalty for violation. | |
| 400.601 | Definitions. | |
| 400.616 | Short title. | |
| 400.617 | Legislative intent; purpose. | |
| 400.618 | Definitions. | |
| 400.619 | Licensure application and renewal. | |
| 400.6194 | Denial, revocation, or suspension of a license. | |
| 400.6196 | Violations; penalties. | |
| 400.621 | Rules and standards relating to adult family-care homes. | |
| 400.6211 | Training and education programs. | |
| 400.622 | Injunctive proceedings. | |
| 400.625 | Residency agreements. | |
| 400.6255 | Residents with Alzheimer's disease or other related disorders; certain disclosures. | |
| 400.628 | Residents' bill of rights. | |
| 400.629 | Civil actions to enforce rights. | |
| 400.93 | Licensure required; exemptions; unlawful acts; penalties. | |
| 400.962 | License required; license application. | |
| 400.980 | Health care services pools. | |
| 400.9905 | Definitions. | |
| 401.23 | Definitions. | |
| 402.164 | Legislative intent; definitions. | |
| 408.032 | Definitions relating to Health Facility and Services Development Act. | |
| 408.033 | Local and state health planning. | |
| 408.034 | Duties and responsibilities of agency; rules. | |
| 408.07 | Definitions. | |
| 408.831 | Denial, suspension, or revocation of a license, registration, certificate, or application. | |
| 409.212 | Optional supplementation. | |
| 409.905 | Mandatory Medicaid services. | |
| 409.906 | Optional Medicaid services. | |
| 409.907 | Medicaid provider agreements. | |
| 409.912 | Cost-effective purchasing of health care. | |
| 410.031 | Legislative intent. | |
| 410.034 | Department determination of fitness to provide home care. | |
| 415.1111 | Civil actions. | |
| 429.01 | ||
| 429.02 | ||
| 429.04 | ||
| 429.07 | ||
| 429.071 | ||
| 429.075 | ||
| 429.08 | ||
| 429.11 | ||
| 429.12 | ||
| 429.14 | ||
| 429.15 | ||
| 429.17 | ||
| 429.174 | ||
| 429.176 | ||
| 429.177 | ||
| 429.178 | ||
| 429.18 | ||
| 429.19 | ||
| 429.195 | ||
| 429.20 | ||
| 429.21 | ||
| 429.22 | ||
| 429.23 | ||
| 429.24 | ||
| 429.255 | ||
| 429.256 | ||
| 429.26 | ||
| 429.27 | ||
| 429.275 | ||
| 429.28 | ||
| 429.29 | ||
| 429.293 | ||
| 429.294 | ||
| 429.295 | ||
| 429.296 | ||
| 429.297 | ||
| 429.298 | ||
| 429.31 | ||
| 429.34 | ||
| 429.35 | ||
| 429.41 | ||
| 429.42 | ||
| 429.44 | ||
| 429.445 | ||
| 429.47 | ||
| 429.49 | ||
| 429.51 | ||
| 429.52 | ||
| 429.53 | ||
| 429.54 | ||
| 429.60 | ||
| 429.63 | ||
| 429.65 | ||
| 429.67 | ||
| 429.69 | ||
| 429.71 | ||
| 429.73 | ||
| 429.75 | ||
| 429.77 | ||
| 429.81 | ||
| 429.83 | ||
| 429.85 | ||
| 429.87 | ||
| 429.90 | ||
| 429.901 | ||
| 429.903 | ||
| 429.905 | ||
| 429.907 | ||
| 429.909 | ||
| 429.911 | ||
| 429.913 | ||
| 429.915 | ||
| 429.917 | ||
| 429.919 | ||
| 429.921 | ||
| 429.923 | ||
| 429.925 | ||
| 429.927 | ||
| 429.929 | ||
| 429.931 | ||
| 429.933 | ||
| 430.601 | Home care for the elderly; legislative intent. | |
| 430.703 | Definitions. | |
| 435.03 | Level 1 screening standards. | |
| 435.04 | Level 2 screening standards. | |
| 440.13 | Medical services and supplies; penalty for violations; limitations. | |
| 465.0235 | Automated pharmacy systems used by long-term care facilities, hospices, or state correctional institutions. | |
| 468.1685 | Powers and duties of board and department. | |
| 468.505 | Exemptions; exceptions. | |
| 477.025 | Cosmetology salons; specialty salons; requisites; licensure; inspection; mobile cosmetology salons. | |
| 509.032 | Duties. | |
| 509.241 | Licenses required; exceptions. | |
| 627.732 | Definitions. | |
| 651.011 | Definitions. | |
| 651.022 | Provisional certificate of authority; application. | |
| 651.023 | Certificate of authority; application. | |
| 651.055 | Contracts; right to rescind. | |
| 651.095 | Advertisements; requirements; penalties. | |
| 651.118 | Agency for Health Care Administration; certificates of need; sheltered beds; community beds. | |
| 765.1103 | Pain management and palliative care. | |
| 765.205 | Responsibility of the surrogate. | |
| 768.735 | Punitive damages; exceptions; limitation. | |
| 893.13 | Prohibited acts; penalties. | |
| 943.0585 | Court-ordered expunction of criminal history records. | |
| 943.059 | Court-ordered sealing of criminal history records. |
Citations - Constitution (0)
No Constitutional citations.
Citations - Chapter Law (0)
No Chapter Law citations.
Identical bill
Companion bills that are identical word-for-word, not including titles. However, Resolutions and Concurrent Resolutions are considered identical if the only difference is the word "House" or "Senate."
Similar bill
Companion bills that are substantially similar in text or have substantial portions of text that are largely the same.
Compare bill
Bills that have selected provisions that are similar in text.
Linked bill
A bill that is contingent upon passage of another bill within the same chamber, e.g., a trust fund bill, a bill providing a public record exemption, or an implementing bill.
The page numbers, when listed, for citations are constantly under review. The journals or printed bills of the respective chambers should be consulted as the official documents of the Legislature.
The links for the page numbers are formatted to open the bill text PDF directly to the page containing the citation. However, if your browser is set to open PDFs in a new window, as is often the case with 64-bit browsers, the bill text will open to the first page.