Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 1954
769858
Senate
Comm: RCS
3/26/2008
.
.
.
.
.
House
1
The Committee on Children, Families, and Elder Affairs (Rich)
2
recommended the following amendment:
3
4
Senate Amendment (with title amendments)
5
Delete line(s) 148-163
6
and insert:
7
Section 1. Section 393.0673, Florida Statutes, is amended
8
to read:
9
393.0673 Denial, suspension, or revocation of license;
10
moratorium on admissions; administrative fines; procedures.--
11
(1) The agency may deny, revoke, or suspend a license or
12
impose an administrative fine, not to exceed $1,000 per violation
13
per day, if:
14
(a) The applicant or licensee has:
15
1.(a) Has Falsely represented or omitted a material fact in
16
its license application submitted under s. 393.067;.
17
2.(b) Has Had prior action taken against it under the
18
Medicaid or Medicare program; or.
19
3.(c) Has Failed to comply with the applicable requirements
20
of this chapter or rules applicable to the applicant or licensee.
21
(b) The Department of Children and Family Services has
22
verified that the licensee is responsible for the abuse, neglect,
23
or abandonment of a child or the abuse, neglect, or exploitation
24
of a vulnerable adult.
25
(2) The agency may deny an application for licensure
26
submitted under s. 393.067 if:
27
(a) The applicant has:
28
1. Falsely represented or omitted a material fact in its
29
license application submitted under s. 393.067;
30
2. Had prior action taken against it under the Medicaid or
31
Medicare program;
32
3. Failed to comply with the applicable requirements of
33
this chapter or rules applicable to the applicant; or
34
4. Previously had a license to operate a residential
35
facility revoked by the agency, the Department of Children and
36
Family Services, or the Agency for Health Care Administration.
37
(b) The Department of Children and Family Services has
38
verified that the applicant is responsible for the abuse,
39
neglect, or abandonment of a child or the abuse, neglect, or
40
exploitation of a vulnerable adult.
41
(3)(2) All hearings shall be held within the county in
42
which the licensee or applicant operates or applies for a license
43
to operate a facility as defined herein.
44
(4)(3) The agency, as a part of any final order issued by
45
it under this chapter, may impose such fine as it deems proper,
46
except that such fine may not exceed $1,000 for each violation.
47
Each day a violation of this chapter occurs constitutes a
48
separate violation and is subject to a separate fine, but in no
49
event may the aggregate amount of any fine exceed $10,000. Fines
50
paid by any facility licensee under the provisions of this
51
subsection shall be deposited in the Resident Protection Trust
52
Fund and expended as provided in s. 400.063.
53
(5)(4) The agency may issue an order immediately suspending
54
or revoking a license when it determines that any condition in
55
the facility presents a danger to the health, safety, or welfare
56
of the residents in the facility.
57
(6)(5) The agency may impose an immediate moratorium on
58
admissions to any facility when the agency department determines
59
that any condition in the facility presents a threat to the
60
health, safety, or welfare of the residents in the facility.
61
(7)(6) The agency shall establish by rule criteria for
62
evaluating the severity of violations and for determining the
63
amount of fines imposed.
3/25/2008 12:09:00 PM 586-05711-08
CODING: Words stricken are deletions; words underlined are additions.