1

A bill to be entitled

2

An act relating to adult protection and care; amending s.

3

322.142, F.S.; authorizing the Department of Children and

4

Family Services to obtain copies of driver's license files

5

maintained by the Department of Highway Safety and Motor

6

Vehicles for the purpose of conducting protective

7

investigations; amending s. 400.141, F.S.; requiring a

8

criminal records check to be conducted on all nursing home

9

residents; amending s. 400.19, F.S.; revising provisions

10

relating to unannounced inspections; amending s. 400.215,

11

F.S.; requiring contracted workers employed in a nursing

12

home to submit to background screening; prohibiting

13

employees and contracted workers who do not meet

14

background screening requirements from being employed in a

15

nursing home; providing certain exceptions; deleting an

16

obsolete provision; amending s. 408.809, F.S.; requiring

17

the agency to establish a fee schedule to cover the cost

18

of a level 1 or level 2 screening and giving the agency

19

rule making authority; amending s. 408.810, F.S.;

20

requiring health care facilities regulated by the Agency

21

for Health Care Administration to post certain information

22

in the facility and allowing the agency to charge a fee to

23

cover production and distribution; amending s. 408.811,

24

F.S.; providing that agency employees who provide advance

25

notice of unannounced agency inspections are subject to

26

suspension, providing a timeline and process for

27

correction of deficiencies, and providing that the agency

28

may provide electronic access to documents; amending s.

29

415.103, F.S.; requiring certain reports to the central

30

abuse hotline relating to vulnerable adults to be

31

immediately transferred to the county sheriff's office;

32

amending s. 415.1051, F.S.; authorizing the Department of

33

Children and Family Services to file the petition to

34

determine incapacity in adult protection proceedings;

35

prohibiting the department from serving as the guardian or

36

providing legal counsel to the guardian; amending s.

37

415.112, F.S.; specifying rules to be adopted by the

38

Department of Children and Family Services relating to

39

adult protective services under ch. 415, F.S.; amending s.

40

429.02, F.S.; revising the definition of "service plan" to

41

remove the limitation that plans are required only in

42

assisted living facilities that have an extended

43

congregate care license and providing that the agency

44

develop a service plan form; amending s. 429.07, F.S.;

45

providing that license requirements for specialty licenses

46

apply to current licensees as well as applicants for an

47

extended congregate care and limited nursing license;

48

conforming a cross-reference; amending s. 429.174, F.S.;

49

requiring certain employees and contracted workers in

50

assisted living facilities to submit to background

51

screening; prohibiting employees and contracted workers

52

who do not meet background screening requirements from

53

being employed in an assisted living facility; providing

54

certain exceptions; requiring the person being screened to

55

pay for the cost of screening; amending s. 429.255, F.S.;

56

providing that the owner or administrator of an assisted

57

living facility is responsible for the services provided

58

in the facility; amending s. 429.26, F.S.; clarifying a

59

prohibition on moving a resident; providing for the

60

development of a service plan for all residents; requiring

61

a criminal records check to be conducted on all residents

62

of an assisted living facility; requiring residents to be

63

periodically assessed for competency to handle personal

64

affairs; amending s. 429.27, F.S.; prohibiting assisted

65

living facility personnel from making certain decisions

66

for a resident or act as the resident's representative or

67

surrogate; amending s. 429.28, F.S.; requiring that notice

68

of a resident's relocation or termination of residency be

69

in writing and a copy sent to specified persons; requiring

70

the agency to compile an annual report for the Governor

71

and the Legislature; requiring facilities to have a

72

written grievance procedure that includes certain

73

information; requiring that grievances reported to the

74

local ombudsman council be included in a statewide

75

reporting system; revising provisions relating to agency

76

surveys to determine compliance with resident rights in

77

assisted living facilities; amending s. 429.294, F.S.;

78

deleting a cross-reference; amending s. 429.34, F.S.;

79

providing for unannounced inspections; providing for

80

additional 6-month inspections for certain violations;

81

providing for an additional fine for 6-month inspections;

82

amending s. 429.41, F.S.; requiring all residents of

83

assisted living facilities to have a service plan;

84

amending s. 429.65, F.S.; providing a definition of the

85

term "Reside"; amending s. 429.67, F.S.; expanding the

86

list of persons who must have a background screening in

87

adult family-care homes; amending s. 429.69, F.S.;

88

providing that the failure of a adult family-care home

89

provider to live in the home is grounds for the denial,

90

revocation, or suspension of a license; amending s.

91

429.73, F.S.; requiring adult family-care home residents

92

to be periodically assessed for competency to handle

93

personal affairs; amending ss. 435.03 and 435.04, F.S.;

94

providing additional criminal offenses for screening

95

certain health care facility personnel; repealing s.

96

400.141(13), F.S., relating to a requirement to post

97

certain information in nursing homes; repealing s.

98

408.809(3), F.S., relating to the granting of a

99

provisional license while awaiting the results of a

100

background screening; repealing s. 429.08(2), F.S.,

101

deleting a provision relating to local workgroups of field

102

offices of the Agency for Health Care Administration;

103

repealing s. 429.41(5), F.S., relating to agency

104

inspections; amending ss. 430.80 and 651.118, F.S.;

105

conforming cross-references; providing an effective date.

106

107

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

108

109

     Section 1.  Subsection (4) of section 322.142, Florida

110

Statutes, is amended to read:

111

     322.142  Color photographic or digital imaged licenses.--

112

     (4)  The department may maintain a film negative or print

113

file. The department shall maintain a record of the digital image

114

and signature of the licensees, together with other data required

115

by the department for identification and retrieval. Reproductions

116

from the file or digital record are exempt from the provisions of

117

s. 119.07(1) and shall be made and issued only for departmental

118

administrative purposes; for the issuance of duplicate licenses;

119

in response to law enforcement agency requests; to the Department

120

of State pursuant to an interagency agreement to facilitate

121

determinations of eligibility of voter registration applicants

122

and registered voters in accordance with ss. 98.045 and 98.075;

123

to the Department of Revenue pursuant to an interagency agreement

124

for use in establishing paternity and establishing, modifying, or

125

enforcing support obligations in Title IV-D cases; to the

126

Department of Children and Family Services pursuant to an

127

interagency agreement to conduct protective investigations under

128

chapter 415; or to the Department of Financial Services pursuant

129

to an interagency agreement to facilitate the location of owners

130

of unclaimed property, the validation of unclaimed property

131

claims, and the identification of fraudulent or false claims, and

132

are exempt from the provisions of s. 119.07(1).

133

     Section 2.  Subsection (25) is added to section 400.141,

134

Florida Statutes, to read:

135

     400.141  Administration and management of nursing home

136

facilities.--Every licensed facility shall comply with all

137

applicable standards and rules of the agency and shall:

138

     (25) Conduct a level 1 background screening as defined in

139

chapter 435, of a prospective resident before admission or

140

immediately after admission at the resident's expense. The

141

information obtained may be used by the facility to assess the

142

needs of the resident and to provide adequate and appropriate

143

health care and protective and support services in accordance

144

with this part. The Agency's employee background screening

145

database may not be used for resident screening. If a resident

146

transfers between facilities, the resident's background screening

147

results shall be transferred with the resident.

148

149

Facilities that have been awarded a Gold Seal under the program

150

established in s. 400.235 may develop a plan to provide certified

151

nursing assistant training as prescribed by federal regulations

152

and state rules and may apply to the agency for approval of their

153

program.

154

     Section 3.  Subsection (3) of section 400.19, Florida

155

Statutes, is amended to read:

156

     400.19  Right of entry and inspection.--

157

     (3)  The agency shall every 15 months conduct at least one

158

unannounced inspection to determine compliance by the licensee

159

with statutes, and related with rules promulgated under the

160

provisions of those statutes, governing minimum standards of

161

construction, quality and adequacy of care, and rights of

162

residents. The survey shall be conducted every 6 months for the

163

next 2-year period if the facility has been cited for a class I

164

deficiency, has been cited for two or more class II deficiencies

165

arising from separate surveys or investigations within a 60-day

166

period, or has had three or more substantiated complaints within

167

a 6-month period, each resulting in at least one class I or class

168

II deficiency. In addition to any other fees or fines in this

169

part, the agency shall assess a fine for each facility that is

170

subject to the 6-month survey cycle. The fine for the 2-year

171

period shall be $6,000, one-half to be paid at the completion of

172

each survey. The agency may adjust this fine by the change in the

173

Consumer Price Index, based on the 12 months immediately

174

preceding the change increase, to cover the cost of the

175

additional surveys. The agency shall verify through subsequent

176

inspection that any deficiency identified during inspection is

177

corrected. However, the agency may verify the correction of a

178

class III or class IV deficiency unrelated to resident rights or

179

resident care without reinspecting the facility if adequate

180

written documentation has been received from the facility, which

181

provides assurance that the deficiency has been corrected. The

182

giving or causing to be given of advance notice of such

183

unannounced inspections by an employee of the agency to any

184

unauthorized person shall constitute cause for suspension of not

185

fewer than 5 working days according to the provisions of chapter

186

110.

187

     Section 4.  Section 400.215, Florida Statutes, is amended to

188

read:

189

     400.215 Background Personnel screening requirement.--

190

     (1) The agency shall require Background screening as

191

provided in chapter 435 is required for all nursing home facility

192

employees and contracted workers or prospective employees of

193

facilities licensed under this part who are expected to, or whose

194

responsibilities may require them to:

195

     (a)  Provide personal care or services to residents;

196

     (b)  Have access to resident living areas; or

197

     (c)  Have access to resident funds or other personal

198

property.

199

     (2) Employers, and employees, contractors, and contracted

200

workers shall comply with the requirements of s. 435.05.

201

     (a) Notwithstanding the provisions of s. 435.05(1),

202

facilities must have in their possession evidence that level 1

203

screening under s. 435.03 has been completed before allowing an

204

employee or contracted worker to begin employment in the facility

205

working with patients as provided in subsection (1). All

206

information necessary for conducting level 1 background screening

207

using level 1 standards as specified in s. 435.03 shall be

208

submitted by the nursing facility to the agency. Results of the

209

background screening shall be provided by the agency to the

210

requesting nursing facility.

211

     (b) Employees and contracted workers qualified under the

212

provisions of paragraph (a) who have not maintained continuous

213

residency within the state for the 5 years immediately preceding

214

the date of request for background screening must complete level

215

2 screening, as provided in s. 435.04 chapter 435. Such Employees

216

may work in a conditional status for up to 180 days pending the

217

receipt of written findings evidencing the completion of level 2

218

screening. Contracted workers who are awaiting the completion of

219

level 2 screening may work only under the direct and visual

220

supervision of persons who have met the screening requirements of

221

this section. Level 2 screening is shall not be required for of

222

employees, or prospective employees, or contracted workers who

223

attest in writing under penalty of perjury that they meet the

224

residency requirement. To complete Completion of level 2

225

screening: shall require

226

     1. The employee or contracted worker shall prospective

227

employee to furnish to the nursing facility a full set of

228

fingerprints for conducting a federal criminal records check to

229

enable a criminal background investigation to be conducted.

230

     2. The nursing facility shall submit the completed

231

fingerprint card to the agency.

232

     3. The agency shall establish a record of the request in

233

the database provided for in paragraph (c) and forward the

234

request to the Department of Law Enforcement, which is authorized

235

to submit the fingerprints to the Federal Bureau of Investigation

236

for a national criminal history records check.

237

     4. The results of the national criminal history records

238

check shall be returned to the agency, which shall maintain the

239

results in the database provided for in paragraph (c).

240

     5. The agency shall notify the administrator of the

241

requesting nursing facility or the administrator of any other

242

requesting facility licensed under chapter 393, chapter 394,

243

chapter 395, chapter 397, chapter 429, or this chapter, as

244

requested by such facility, as to whether or not the employee has

245

qualified under level 1 or level 2 screening.

246

247

An employee or contracted worker prospective employee who has

248

qualified under level 2 screening and has maintained such

249

continuous residency within the state is shall not be required to

250

complete a subsequent level 2 screening as a condition of

251

employment at another facility. A contract worker who does not

252

provide personal care or services to residents or have access to

253

resident funds or other personal property is not required to be

254

screened pursuant to this section but must sign in at the

255

reception desk or nurses' station upon entering the facility,

256

wear an identification badge, and sign out before leaving the

257

facility. The nursing facility shall maintain a log containing

258

the information collected.

259

     (c) The agency shall establish and maintain a database that

260

includes of background screening information which shall include

261

the results of all both level 1 and level 2 screening. The

262

Department of Law Enforcement shall timely provide to the agency,

263

electronically, the results of each statewide screening for

264

incorporation into the database. The agency shall, upon request

265

from any facility, agency, or program required by or authorized

266

by law to screen its employees or contracted workers applicants,

267

notify the administrator of the facility, agency, or program of

268

the qualifying or disqualifying status of the person employee or

269

applicant named in the request.

270

     (d) Applicants and Employees, prospective employees, and

271

contracted workers shall be excluded from employment pursuant to

272

s. 435.06, and may not be employed or resume employment until

273

exempted or all appeals have been resolved in favor of the person

274

screened.

275

     (3) The person being screened applicant is responsible for

276

paying the fees associated with obtaining the required screening.

277

Payment for the screening shall be submitted to the agency. The

278

agency shall establish a schedule of fees to cover the costs of

279

level 1 and level 2 screening. Facilities may pay reimburse

280

employees for these costs. The Department of Law Enforcement

281

shall charge the agency for a level 1 or level 2 screening a rate

282

sufficient to cover the costs of such screening pursuant to s.

283

943.053(3). The agency shall, as allowable, reimburse nursing

284

facilities for the cost of conducting background screening as

285

required by this section. This reimbursement is will not be

286

subject to any rate ceilings or payment targets in the Medicaid

287

Reimbursement plan.

288

     (4)(a) As provided in s. 435.07:,

289

     (a) The agency may grant an exemption from disqualification

290

to an employee, or prospective employee, or contracted worker who

291

is subject to this section and who has not received a

292

professional license or certification from the Department of

293

Health.

294

     (b) As provided in s. 435.07, The appropriate regulatory

295

board within the Department of Health, or that department itself

296

when there is no board, may grant an exemption from

297

disqualification to an employee, or prospective employee, or

298

contracted worker who is subject to this section and who has

299

received a professional license or certification from the

300

Department of Health or a regulatory board within that

301

department.

302

     (5) Any provision of law to the contrary notwithstanding,

303

Persons who have been screened and qualified as required by this

304

section, and who have not been unemployed for more than 180 days

305

thereafter, and who, under penalty of perjury, attest to not

306

having been convicted of a disqualifying offense since the

307

completion of such screening are, shall not be required to be

308

rescreened. An employer may obtain, pursuant to s. 435.10,

309

written verification of qualifying screening results from the

310

previous employer, contractor, or other entity that which caused

311

the such screening to be performed.

312

     (6) The agency and the Department of Health may shall have

313

authority to adopt rules to administer pursuant to the

314

Administrative Procedure Act to implement this section.

315

     (7) All employees shall comply with the requirements of

316

this section by October 1, 1998. No current employee of a nursing

317

facility as of the effective date of this act shall be required

318

to submit to rescreening if the nursing facility has in its

319

possession written evidence that the person has been screened and

320

qualified according to level 1 standards as specified in s.

321

435.03(1). Any current employee who meets the level 1 requirement

322

but does not meet the 5-year residency requirement as specified

323

in this section must provide to the employing nursing facility

324

written attestation under penalty of perjury that the employee

325

has not been convicted of a disqualifying offense in another

326

state or jurisdiction. All applicants hired on or after October

327

1, 1998, shall comply with the requirements of this section.

328

     (7)(8) There is no monetary or unemployment liability on

329

the part of, and a no cause of action for damages does not arise

330

arising against, an employer that, upon notice of a disqualifying

331

offense listed under chapter 435 or an act of domestic violence,

332

terminates the employee against whom the report was issued,

333

whether or not the employee has filed for an exemption with the

334

Department of Health or the agency for Health Care

335

Administration.

336

     Section 5.  Subsection (6) of section 408.809, Florida

337

Statutes, is created to read:

338

     408.809  Background screening; prohibited offenses.--

339

     (6) The agency shall establish a schedule of fees to cover

340

the costs of any Level 1 or Level 2 screening required pursuant

341

to this part or other authorizing statutes and may adopt rules to

342

carryout these screenings and for the schedule of fees.

343

     Section 6.  Subsection (5) of section 408.810, Florida

344

Statutes, is amended to read:

345

     408.810  Minimum licensure requirements.--In addition to the

346

licensure requirements specified in this part, authorizing

347

statutes, and applicable rules, each applicant and licensee must

348

comply with the requirements of this section in order to obtain

349

and maintain a license.

350

     (5) Each licensee must:

351

     (a)  On or before the first day services are provided to a

352

client, a licensee must inform the client and his or her

353

immediate family or representative, if appropriate, of the right

354

to report:

355

     1.  Complaints. The statewide toll-free telephone number for

356

reporting complaints to the agency must be provided to clients in

357

a manner that is clearly legible and must include the words: "To

358

report a complaint regarding the services you receive, please

359

call toll-free (phone number)."

360

     2.  Abusive, neglectful, or exploitative practices. The

361

statewide toll-free telephone number for the central abuse

362

hotline must be provided to clients in a manner that is clearly

363

legible and must include the words: "To report abuse, neglect, or

364

exploitation, please call toll-free (phone number)." The agency

365

shall publish a minimum of a 90-day advance notice of a change in

366

the toll-free telephone numbers.

367

     (b) Each licensee shall Establish appropriate policies and

368

procedures for providing such notice to clients.

369

     (c) Publicly display a poster approved by the agency

370

containing the names, addresses, and telephone numbers for the

371

state's central abuse hotline, the State Long-Term Care

372

Ombudsman, the agency's consumer hotline, the Advocacy Center for

373

Persons with Disabilities, the Florida Statewide Advocacy

374

Council, the Medicaid Fraud Control Unit, and the Statewide

375

Public Guardianship Office, along with a clear description of the

376

assistance to be expected from each. The agency may charge a fee

377

for the cost of production and distribution of the poster.

378

     Section 7.  Section 408.811, Florida Statutes, is amended to

379

read:

380

     408.811  Right of inspection; copies; inspection reports.--

381

     (1)  An authorized officer or employee of the agency may

382

make or cause to be made any inspection or investigation deemed

383

necessary by the agency to determine the state of compliance with

384

this part, authorizing statutes, and applicable rules. The right

385

of inspection extends to any business that the agency has reason

386

to believe is being operated as a provider without a license, but

387

inspection of any business suspected of being operated without

388

the appropriate license may not be made without the permission of

389

the owner or person in charge unless a warrant is first obtained

390

from a circuit court. Any application for a license issued under

391

this part, authorizing statutes, or applicable rules constitutes

392

permission for an appropriate inspection to verify the

393

information submitted on or in connection with the application.

394

     (a)  All inspections shall be unannounced, except as

395

specified in s. 408.806. The giving or causing to be given of

396

advance notice of the unannounced inspection by an agency

397

employee to any unauthorized person shall, in accordance with

398

chapter 110, constitute cause for suspension of the employee for

399

at least 5 working days.

400

     (b)  Inspections for relicensure shall be conducted

401

biennially unless otherwise specified by authorizing statutes or

402

applicable rules.

403

     (c) Deficiencies found during an inspection or

404

investigation must be corrected within 30 days unless an

405

alternative timeframe is required or approved by the agency.

406

     (d) The agency may require an applicant or licensee to

407

submit a plan of correction for deficiencies. If required, the

408

plan of correction must be filed with the agency within 10 days

409

unless an alternative timeframe is required.

410

     (2)  Inspections conducted in conjunction with certification

411

may be accepted in lieu of a complete licensure inspection.

412

However, a licensure inspection may also be conducted to review

413

any licensure requirements that are not also requirements for

414

certification.

415

     (3)  The agency shall have access to and the licensee shall

416

provide copies of all provider records required during an

417

inspection at no cost to the agency.

418

     (4)(a)  Each licensee shall maintain as public information,

419

available upon request, records of all inspection reports

420

pertaining to that provider that have been filed by the agency

421

unless those reports are exempt from or contain information that

422

is exempt from s. 119.07(1) and s. 24(a), Art. I of the State

423

Constitution or is otherwise made confidential by law. Effective

424

October 1, 2006, copies of such reports shall be retained in the

425

records of the provider for at least 3 years following the date

426

the reports are filed and issued, regardless of a change of

427

ownership.

428

     (b)  A licensee shall, upon the request of any person who

429

has completed a written application with intent to be admitted by

430

such provider, any person who is a client of such provider, or

431

any relative, spouse, or guardian of any such person, furnish to

432

the requester a copy of the last inspection report pertaining to

433

the licensed provider that was issued by the agency or by an

434

accrediting organization if such report is used in lieu of a

435

licensure inspection.

436

     (c) As an alternative to sending reports required by this

437

part or authorizing statutes, the agency may provide electronic

438

access to information or documents.

439

     Section 8.  Subsection (2) of section 415.103, Florida

440

Statutes, is amended to read:

441

     415.103  Central abuse hotline.--

442

     (2)  Upon receiving an oral or written report of known or

443

suspected abuse, neglect, or exploitation of a vulnerable adult,

444

the central abuse hotline shall must determine if the report

445

requires an immediate onsite protective investigation.

446

     (a) For reports requiring an immediate onsite protective

447

investigation, the central abuse hotline must immediately notify

448

the department's designated protective investigative district

449

staff responsible for protective investigations to ensure prompt

450

initiation of an onsite investigation.

451

     (b) For reports not requiring an immediate onsite

452

protective investigation, the central abuse hotline must notify

453

the department's designated protective investigative district

454

staff responsible for protective investigations in sufficient

455

time to allow for an investigation to be commenced within 24

456

hours. At the time of notification of district staff with respect

457

to the report, the central abuse hotline must also provide any

458

known information on any previous reports report concerning the a

459

subject of the present report or any pertinent information

460

relative to the present report or any noted earlier reports.

461

     (c) If the report is of known or suspected abuse of a

462

vulnerable adult by someone other than a relative, caregiver, or

463

household member, the call shall be immediately transferred to

464

the appropriate county sheriff's office.

465

     Section 9.  Paragraph (e) of subsection (1) and paragraph

466

(g) of subsection (2) of section 415.1051, Florida Statutes, are

467

amended to read:

468

     415.1051  Protective services interventions when capacity to

469

consent is lacking; nonemergencies; emergencies; orders;

470

limitations.--

471

     (1)  NONEMERGENCY PROTECTIVE SERVICES INTERVENTIONS.--If the

472

department has reasonable cause to believe that a vulnerable

473

adult or a vulnerable adult in need of services is being abused,

474

neglected, or exploited and is in need of protective services but

475

lacks the capacity to consent to protective services, the

476

department shall petition the court for an order authorizing the

477

provision of protective services.

478

     (e)  Continued protective services.--

479

     1. Within No more than 60 days after the date of the order

480

authorizing the provision of protective services, the department

481

shall petition the court to determine whether:

482

     a. Protective services are to will be continued with the

483

consent of the vulnerable adult pursuant to this subsection;

484

     b. Protective services are to will be continued for the

485

vulnerable adult who lacks capacity;

486

     c. Protective services are to will be discontinued; or

487

     d. A petition for guardianship shall should be filed

488

pursuant to chapter 744.

489

     2.  If the court determines that a petition for guardianship

490

shall should be filed pursuant to chapter 744, the court, for

491

good cause shown, may order continued protective services until

492

it makes a determination regarding capacity.

493

     3. If the department has a good faith belief that the

494

vulnerable adult lacks capacity, the petition to determine

495

incapacity under s. 744.3201 may be filed by the department. Once

496

the petition is filed, the department may not be appointed

497

guardian and may not provide legal counsel for the guardian.

498

     (2)  EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If the

499

department has reasonable cause to believe that a vulnerable

500

adult is suffering from abuse or neglect that presents a risk of

501

death or serious physical injury to the vulnerable adult and that

502

the vulnerable adult lacks the capacity to consent to emergency

503

protective services, the department may take action under this

504

subsection. If the vulnerable adult has the capacity to consent

505

and refuses consent to emergency protective services, emergency

506

protective services may not be provided.

507

     (g)  Continued emergency protective services.--

508

     1. Within Not more than 60 days after the date of the order

509

authorizing the provision of emergency protective services, the

510

department shall petition the court to determine whether:

511

     a. Emergency protective services are to will be continued

512

with the consent of the vulnerable adult;

513

     b. Emergency protective services are to will be continued

514

for the vulnerable adult who lacks capacity;

515

     c. Emergency protective services are to will be

516

discontinued; or

517

     d. A petition shall should be filed under chapter 744.

518

     2.  If it is decided to file a petition under chapter 744,

519

for good cause shown, the court may order continued emergency

520

protective services until a determination is made by the court.

521

     3. If the department has a good faith belief that the

522

vulnerable adult lacks capacity, the petition to determine

523

incapacity under s. 744.3201 may be filed by the department. Once

524

the petition is filed, the department may not be appointed

525

guardian and may not provide legal counsel for the guardian.

526

     Section 10.  Section 415.112, Florida Statutes, is amended

527

to read:

528

     415.112 Rules for implementation of ss. 415.101-

529

415.113.--The department shall adopt promulgate rules to

530

administer this chapter including, but not limited to, rules

531

concerning: for the implementation of ss. 415.101-415.113.

532

     (1) Background screening of department employees and

533

employee applicants which includes a criminal records check and

534

drug testing of adult protective investigators and adult

535

protective investigator supervisors.

536

     (2) The reporting of adult abuse, neglect, exploitation, a

537

vulnerable adult in need of services, false reporting, and adult

538

protective investigations.

539

     (3) Confidentiality and retention of department records,

540

access to records, and record requests.

541

     (4) Injunctions and other protective orders.

542

     (5) The provision of emergency and nonemergency protective

543

services intervention.

544

     (6) Agreements with law enforcement agencies and other

545

state agencies.

546

     (7) Legal and casework procedures, including, but not

547

limited to, diligent search, petitions, emergency removals,

548

capacity to consent, and adult protection teams.

549

     (8) The legal and casework management of cases involving

550

protective supervision, protective orders, judicial reviews,

551

administrative reviews, case plans, and documentation

552

requirements.

553

     Section 11.  Subsection (21) of section 429.02, Florida

554

Statutes, is amended to read:

555

     429.02  Definitions.--When used in this part, the term:

556

     (21)  "Service plan" means a written plan, developed and

557

agreed upon by the resident and, if applicable, the resident's

558

representative or designee or the resident's surrogate, guardian,

559

or attorney in fact, if any, and the administrator or designee

560

representing the facility, which addresses the unique physical

561

and psychosocial needs, abilities, and personal preferences of

562

each resident receiving extended congregate care services. The

563

plan must shall include a brief written description, in easily

564

understood language, of what services shall be provided, who

565

shall provide the services, when the services shall be rendered,

566

and the purposes and benefits of the services. The agency shall

567

develop a service plan form for use by providers.

568

     Section 12.  Paragraphs (b) and (c) of subsection (3) of

569

section 429.07, Florida Statutes, are amended to read:

570

     429.07  License required; fee.--

571

     (3)  In addition to the requirements of s. 408.806, each

572

license granted by the agency must state the type of care for

573

which the license is granted. Licenses shall be issued for one or

574

more of the following categories of care: standard, extended

575

congregate care, limited nursing services, or limited mental

576

health.

577

     (b)  An extended congregate care license shall be issued to

578

facilities providing, directly or through contract, services

579

beyond those authorized in paragraph (a), including services

580

performed by persons licensed under acts performed pursuant to

581

part I of chapter 464 by persons licensed thereunder, and

582

supportive services, as defined by rule, to persons who would

583

otherwise would be disqualified from continued residence in a

584

facility licensed under this part.

585

     1. To obtain an In order for extended congregate care

586

license services to be provided in a facility licensed under this

587

part, the agency must first determine that all requirements

588

established in law and rule are met and must specifically

589

designate, on the facility's license, that such services may be

590

provided and whether the designation applies to all or part of

591

the a facility. Such designation may be made at the time of

592

initial licensure or relicensure, or upon request in writing by a

593

licensee under this part and part II of chapter 408. Notification

594

of approval or denial of the such request shall be made in

595

accordance with part II of chapter 408. Existing

596

     2. Facilities applying for, and facilities currently

597

licensed qualifying to provide, extended congregate care services

598

must have maintained a standard license and may not have been

599

subject to administrative sanctions during the previous 2 years,

600

or since initial licensure if the facility has been licensed for

601

less than 2 years, for any of the following reasons:

602

     a.  A class I or class II violation;

603

     b.  Three or more repeat or recurring class III violations

604

of identical or similar resident care standards as specified in

605

rule from which a pattern of noncompliance is found by the

606

agency;

607

     c.  Three or more class III violations that were not

608

corrected in accordance with the corrective action plan approved

609

by the agency;

610

     d. Violation of resident care standards which result in

611

requiring the facility resulting in a requirement to employ the

612

services of a consultant pharmacist or consultant dietitian;

613

     e.  Denial, suspension, or revocation of a license for

614

another facility licensed under this part in which the applicant

615

for an extended congregate care license has at least 25 percent

616

ownership interest; or

617

     f.  Imposition of a moratorium pursuant to this part or part

618

II of chapter 408 or initiation of injunctive proceedings.

619

     3.2. A facility that is Facilities that are licensed to

620

provide extended congregate care services must shall maintain a

621

written progress report on each person who receives such

622

services, which report describes the type, amount, duration,

623

scope, and outcome of services that are rendered and the general

624

status of the resident's health. A registered nurse, or

625

appropriate designee, representing the agency shall visit the

626

facility such facilities at least quarterly to monitor residents

627

who are receiving extended congregate care services and to

628

determine if the facility is in compliance with this part, part

629

II of chapter 408, and rules that relate to extended congregate

630

care. One of these visits may be in conjunction with the regular

631

survey. The monitoring visits may be provided through contractual

632

arrangements with appropriate community agencies. A registered

633

nurse shall serve as part of the team that inspects the such

634

facility. The agency may waive one of the required yearly

635

monitoring visits for a facility that has been licensed for at

636

least 24 months to provide extended congregate care services, if,

637

during the inspection, the registered nurse determines that

638

extended congregate care services are being provided

639

appropriately, and if the facility has no class I or class II

640

violations and no uncorrected class III violations. Before such

641

decision is made, The agency must first shall consult with the

642

long-term care ombudsman council for the area in which the

643

facility is located to determine if any complaints have been made

644

and substantiated about the quality of services or care. The

645

agency may not waive one of the required yearly monitoring visits

646

if complaints have been made and substantiated.

647

     4.3. Facilities that are licensed to provide extended

648

congregate care services must shall:

649

     a.  Demonstrate the capability to meet unanticipated

650

resident service needs.

651

     b.  Offer a physical environment that promotes a homelike

652

setting, provides for resident privacy, promotes resident

653

independence, and allows sufficient congregate space as defined

654

by rule.

655

     c.  Have sufficient staff available, taking into account the

656

physical plant and firesafety features of the building, to assist

657

with the evacuation of residents in an emergency, as necessary.

658

     d.  Adopt and follow policies and procedures that maximize

659

resident independence, dignity, choice, and decisionmaking to

660

permit residents to age in place to the extent possible, so that

661

moves due to changes in functional status are minimized or

662

avoided.

663

     e.  Allow residents or, if applicable, a resident's

664

representative, designee, surrogate, guardian, or attorney in

665

fact to make a variety of personal choices, participate in

666

developing service plans, and share responsibility in

667

decisionmaking.

668

     f.  Implement the concept of managed risk.

669

     g. Provide, either directly or through contract, the

670

services of a person licensed pursuant to part I of chapter 464.

671

     h.  In addition to the training mandated in s. 429.52,

672

provide specialized training as defined by rule for facility

673

staff.

674

     5.4. Facilities licensed to provide extended congregate

675

care services are exempt from the criteria for continued

676

residency as set forth in rules adopted under s. 429.41.

677

Facilities so licensed must shall adopt their own requirements

678

within guidelines for continued residency set forth by rule.

679

However, such facilities may not serve residents who require 24-

680

hour nursing supervision. Facilities licensed to provide extended

681

congregate care services must shall provide each resident with a

682

written copy of facility policies governing admission and

683

retention.

684

     6.5. The primary purpose of extended congregate care

685

services is to allow residents, as they become more impaired, the

686

option of remaining in a familiar setting from which they would

687

otherwise be disqualified for continued residency. A facility

688

licensed to provide extended congregate care services may also

689

admit an individual who exceeds the admission criteria for a

690

facility with a standard license, if the individual is determined

691

appropriate for admission to the extended congregate care

692

facility.

693

     7.6. Before admission of an individual to a facility

694

licensed to provide extended congregate care services, the

695

individual must undergo a medical examination as provided in s.

696

429.26(4) and the facility must develop a preliminary service

697

plan for the individual as provided in s. 429.26.

698

     8.7. When a facility can no longer provide or arrange for

699

services in accordance with the resident's service plan and needs

700

and the facility's policy, the facility shall make arrangements

701

for relocating the person in accordance with s. 429.28(1)(k).

702

     9.8. Failure to provide extended congregate care services

703

may result in denial of extended congregate care license renewal.

704

     9. No later than January 1 of each year, the department, in

705

consultation with the agency, shall prepare and submit to the

706

Governor, the President of the Senate, the Speaker of the House

707

of Representatives, and the chairs of appropriate legislative

708

committees, a report on the status of, and recommendations

709

related to, extended congregate care services. The status report

710

must include, but need not be limited to, the following

711

information:

712

     a. A description of the facilities licensed to provide such

713

services, including total number of beds licensed under this

714

part.

715

     b. The number and characteristics of residents receiving

716

such services.

717

     c. The types of services rendered that could not be

718

provided through a standard license.

719

     d. An analysis of deficiencies cited during licensure

720

inspections.

721

     e. The number of residents who required extended congregate

722

care services at admission and the source of admission.

723

     f. Recommendations for statutory or regulatory changes.

724

     g. The availability of extended congregate care to state

725

clients residing in facilities licensed under this part and in

726

need of additional services, and recommendations for

727

appropriations to subsidize extended congregate care services for

728

such persons.

729

     h. Such other information as the department considers

730

appropriate.

731

     (c)  A limited nursing services license shall be issued to a

732

facility that provides services beyond those authorized in

733

paragraph (a) and as specified in this paragraph.

734

     1. To obtain a In order for limited nursing services

735

license to be provided in a facility licensed under this part,

736

the agency must first determine that all requirements established

737

in law and rule are met and must specifically designate, on the

738

facility's license, that such services may be provided. Such

739

designation may be made at the time of initial licensure or

740

relicensure, or upon request in writing by a licensee under this

741

part and part II of chapter 408. Notification of approval or

742

denial of such request shall be made in accordance with part II

743

of chapter 408. Existing

744

     2. Facilities applying for, and facilities currently

745

licensed qualifying to provide, limited nursing services must

746

shall have maintained a standard license and may not have been

747

subject to administrative sanctions that affect the health,

748

safety, and welfare of residents for the previous 2 years or

749

since initial licensure if the facility has been licensed for

750

less than 2 years.

751

     3.2. Facilities that are licensed to provide limited

752

nursing services shall maintain a written progress report on each

753

person who receives such nursing services, which report describes

754

the type, amount, duration, scope, and outcome of services that

755

are rendered and the general status of the resident's health. A

756

registered nurse representing the agency shall visit such

757

facilities at least twice a year to monitor residents who are

758

receiving limited nursing services and to determine if the

759

facility is in compliance with applicable provisions of this

760

part, part II of chapter 408, and related rules. The monitoring

761

visits may be provided through contractual arrangements with

762

appropriate community agencies. A registered nurse shall also

763

serve as part of the team that inspects the such facility.

764

     4.3. A person who receives limited nursing services under

765

this part must meet the admission criteria established by the

766

agency for assisted living facilities. If When a resident no

767

longer meets the admission criteria for a facility licensed under

768

this part, arrangements for relocating the person shall be made

769

in accordance with s. 429.28(1)(k), unless the facility is also

770

licensed to provide extended congregate care services.

771

     Section 13.  Section 429.174, Florida Statutes, is amended

772

to read:

773

     429.174  Background screening; exemptions.--

774

     (1) The owner or administrator of an assisted living

775

facility must conduct level 1 background screening, as set forth

776

in chapter 435, on all employees and contracted workers hired on

777

or after October 1, 1998, who perform personal services or who

778

have access to resident living areas as defined in s. 429.02(16).

779

The agency may exempt an individual from employment

780

disqualification as set forth in s. 435.07 chapter 435. However,

781

such person may not be employed or resume employment pending the

782

granting of an exemption or until all appeals have been resolved

783

in favor of the person screened. Employees and contracted workers

784

Such persons shall be considered as having met the screening

785

requirements this requirement if:

786

     (a)(1) Proof of compliance with level 1 screening

787

requirements obtained to meet any professional license

788

requirements in this state is provided and accompanied, under

789

penalty of perjury, by a copy of the person's current

790

professional license and an affidavit of current compliance with

791

the background screening requirements.

792

     (b)(2) The person required to be screened has been

793

continuously employed in the same type of occupation for which

794

the person is seeking employment without a breach in service

795

which exceeds 180 days, and proof of compliance with the level 1

796

screening requirement which is no more than 2 years old is

797

provided. Proof of compliance shall be provided directly from one

798

employer or contractor to another, and not from the person

799

screened. Upon request, a copy of screening results shall be

800

provided by the employer or contractor retaining documentation of

801

the screening to the person screened.

802

     (c)(3) The person required to be screened is employed by or

803

contracts with a corporation or business entity or related

804

corporation or business entity that owns, operates, or manages

805

more than one facility or agency licensed under this chapter, and

806

for whom a level 1 screening was conducted by the corporation or

807

business entity as a condition of initial or continued

808

employment.

809

     (2) A contract worker who does not provide personal care or

810

services to residents or have access to resident funds or other

811

personal property is not required to be screened pursuant to this

812

section but must sign in at the reception desk upon entering the

813

facility, wear an identification badge, and sign out before

814

leaving the facility. The facility shall maintain a log

815

containing the information collected.

816

     (3) The person being screened is responsible for paying the

817

fees associated with obtaining the required screening. Payment

818

for the screening shall be submitted to the agency. The agency

819

shall establish a schedule of fees to cover the costs of level 1

820

and level 2 screening. Facilities may reimburse employees or

821

contracted workers for these costs. The Department of Law

822

Enforcement shall charge the agency for a level 1 or level 2

823

screening a rate sufficient to cover the costs of screening

824

pursuant to s. 943.053(3).

825

     Section 14.  Subsection (1) of section 429.255, Florida

826

Statutes, is amended to read:

827

     429.255  Use of personnel; emergency care.--

828

     (1)(a) Facility staff, including persons under contract to

829

the facility, facility employees staff, or volunteers, who are

830

licensed according to part I of chapter 464, or those persons

831

exempt under s. 464.022(1), and others as defined by rule, may

832

administer medications to residents, take residents' vital signs,

833

manage individual weekly pill organizers for residents who self-

834

administer medication, give prepackaged enemas ordered by a

835

physician, observe residents, document observations on the

836

appropriate resident's record, report observations to the

837

resident's physician, and contract or allow residents or a

838

resident's representative, designee, surrogate, guardian, or

839

attorney in fact to contract with a third party, provided

840

residents meet the criteria for appropriate placement as defined

841

in s. 429.26. Nursing assistants certified pursuant to part II of

842

chapter 464 may take residents' vital signs as directed by a

843

licensed nurse or physician.

844

     (b) Facility All staff, including persons under contract to

845

the facility and facility employees, in facilities licensed under

846

this part shall exercise their professional responsibility to

847

observe residents, to document observations on the appropriate

848

resident's record, and to report the observations to the

849

resident's physician, and to provide needed services competently.

850

Volunteers shall have the same obligations but shall report to a

851

facility employee who shall make the appropriate notation in the

852

resident's records. However, the owner or administrator of the

853

facility is shall be responsible for determining that the

854

resident receiving services is appropriate for residence in the

855

facility and for the provision of and quality of care and

856

services provided to the resident.

857

     (c)  In an emergency situation, licensed personnel may carry

858

out their professional duties pursuant to part I of chapter 464

859

until emergency medical personnel assume responsibility for care.

860

     Section 15.  Present subsections (8) through (12) of section

861

429.26, Florida Statutes, are renumbered as sections (6) through

862

(10), respectively, and present subsections (1) through (7) of

863

that section, are amended to read:

864

     429.26  Appropriateness of placements; examinations of

865

residents.--

866

     (1)  The owner or administrator of a facility is responsible

867

for determining the appropriateness of admission of an individual

868

to the facility and for determining the continued appropriateness

869

of residence of an individual in the facility. A determination

870

shall be based upon an assessment of the strengths, needs, and

871

preferences of the resident, the care and services offered or

872

arranged for by the facility in accordance with facility policy,

873

and any limitations in law or rule related to admission criteria

874

or continued residency for the type of license held by the

875

facility under this part. Except as provided in s. 429.28(1)(k),

876

a resident may not be moved from one facility to another without

877

consultation with and agreement from the resident or, if

878

applicable, the resident's representative or designee or the

879

resident's family, guardian, surrogate, or attorney in fact. If

880

In the case of a resident who has been placed by the department

881

or the Department of Children and Family Services, the

882

administrator must notify the appropriate contact person in the

883

applicable department.

884

     (2) A physician, physician assistant, or nurse practitioner

885

who is employed by an assisted living facility to provide an

886

initial examination for admission purposes may not have financial

887

interest in the facility.

888

     (3) Persons licensed under part I of chapter 464 who are

889

employed by or under contract with a facility shall, on a routine

890

basis or at least monthly, perform a nursing assessment of the

891

residents for whom they are providing nursing services ordered by

892

a physician, except administration of medication, and shall

893

document such assessment, including any substantial changes in a

894

resident's status which may necessitate relocation to a nursing

895

home, hospital, or specialized health care facility. Such records

896

shall be maintained in the facility for inspection by the agency

897

and shall be forwarded to the resident's case manager, if

898

applicable.

899

     (2)(4) If possible, each resident shall have been examined

900

by a licensed physician, a licensed physician assistant, or a

901

licensed nurse practitioner within 60 days before admission to

902

the facility. The person conducting an examination under this

903

subsection may not have financial interest in the facility. The

904

signed and completed medical examination report shall be

905

submitted to the owner or administrator of the facility who shall

906

use the information contained in the report therein to assist in

907

determining the determination of the appropriateness of the

908

resident's admission and continued stay in the facility and to

909

develop a service plan for the resident. The medical examination

910

report and service plan shall become a permanent part of the

911

record of the resident at the facility and shall be made

912

available to the agency during inspection or upon request. An

913

assessment that has been completed through the Comprehensive

914

Assessment and Review for Long-Term Care Services (CARES) Program

915

fulfills the requirements for a medical examination under this

916

subsection and s. 429.07(3)(b)6.

917

     (a)(5) Except as provided in s. 429.07, if a medical

918

examination has not been completed within 60 days before the

919

admission of the resident to the facility, medical personnel a

920

licensed physician, licensed physician assistant, or licensed

921

nurse practitioner shall examine the resident and complete a

922

medical examination form provided by the agency within 30 days

923

following the admission to the facility to enable the facility

924

owner or administrator to determine the appropriateness of the

925

admission. The medical examination form shall become a permanent

926

part of the record of the resident at the facility and shall be

927

made available to the agency during inspection by the agency or

928

upon request.

929

     (b)(6) Any resident accepted in a facility and placed by

930

the department or the Department of Children and Family Services

931

must be shall have been examined by medical personnel within 30

932

days before placement in the facility and recorded on a medical

933

examination form provided by the agency. The examination shall

934

include an assessment of the appropriateness of placement in a

935

facility. The findings of this examination shall be recorded on

936

the examination form provided by the agency. The completed form

937

shall accompany the resident and shall be submitted to the

938

facility owner or administrator. For Additionally, in the case of

939

a mental health resident, the Department of Children and Family

940

Services must provide documentation that the individual has been

941

assessed by a psychiatrist, clinical psychologist, clinical

942

social worker, or psychiatric nurse, or an individual who is

943

supervised by one of these professionals, and determined to be

944

appropriate to reside in an assisted living facility. The

945

documentation must be in the facility within 30 days after the

946

mental health resident has been admitted to the facility. An

947

evaluation completed upon discharge from a state mental hospital

948

meets the requirements of this subsection related to

949

appropriateness for placement as a mental health resident

950

providing it was completed within 90 days prior to admission to

951

the facility. The applicable department shall provide to the

952

facility administrator any information about the resident that

953

would help the administrator meet his or her responsibilities

954

under this section subsection (1). Further, department personnel

955

shall explain to the facility operator any special needs of the

956

resident and advise the operator whom to call should problems

957

arise. The applicable department shall advise and assist the

958

facility administrator where the special needs of residents who

959

are recipients of optional state supplementation require such

960

assistance.

961

     (3) A level 1 criminal background screening, as defined in

962

chapter 435, of a prospective resident must be conducted by the

963

facility before admission or immediately after admission at the

964

resident's expense. The information obtained may be used by the

965

facility to assess the needs of the resident and the care and

966

services offered or arranged by the facility in accordance with

967

this section. The agency's employee background screening database

968

may not be used for resident screening. If a resident transfers

969

between facilities, the resident's background screening results

970

shall be transferred with the resident.

971

     (4) Persons licensed under part I of chapter 464 who are

972

employed by or under contract with a facility shall, at least

973

monthly, perform a nursing assessment of residents for whom they

974

are providing nursing services ordered by a physician, except the

975

administration of medication, and shall document such assessment,

976

including any substantial change in a resident's status which may

977

necessitate relocation to a nursing home, hospital, or

978

specialized health care facility. The records must be maintained

979

in the facility for inspection by the agency and shall be

980

forwarded to the resident's case manager, if applicable.

981

     (5)(7) Residents shall be periodically assessed to

982

determine if the resident is competent to handle his or her

983

personal and financial affairs, and, if not, whether a

984

responsible person such as a resident representative or designee,

985

guardian, surrogate, or attorney in fact is available to make

986

decisions on behalf of the resident. If a resident is having

987

difficulty handling his or her personal or financial affairs

988

because of a decline in health or cognitive abilities, the owner

989

or administrator shall contact the resident's representative or

990

designee, guardian, surrogate, or attorney in fact. If a resident

991

does not have family or a legal representative to make decisions

992

on his or her behalf, the owner or administrator must contact the

993

Florida Abuse Hotline. The facility must notify a licensed

994

physician when a resident exhibits signs of dementia or cognitive

995

impairment or has a change of condition in order to rule out the

996

presence of an underlying physiological condition that may be

997

contributing to such dementia or impairment. The notification

998

must occur within 30 days after the acknowledgment of such signs

999

by facility staff. If an underlying condition is determined to

1000

exist, the facility shall arrange, with the appropriate health

1001

care provider, the necessary care and services to treat the

1002

condition.

1003

     Section 16.  Present subsections (3) through (8) of section

1004

429.27, Florida Statutes, are renumbered as subsections (6)

1005

through (11), respectively, and subsections (1) and (2) of that

1006

section are amended to read:

1007

     429.27  Property and personal affairs of residents.--

1008

     (1)(a) A resident shall be given the option of using his or

1009

her own belongings, as space permits; choosing his or her

1010

roommate; and, whenever possible, unless the resident is

1011

adjudicated incompetent or incapacitated under state law,

1012

managing his or her own affairs.

1013

     (2)(b) The admission of a resident to a facility does and

1014

his or her presence therein shall not confer on the facility or

1015

its owner, administrator, staff employees, or representatives any

1016

authority to manage, use, or dispose of any property of the

1017

resident or to make financial or health care decisions on behalf

1018

of the resident; nor shall such admission or presence confer on

1019

any of such persons any authority or responsibility for the

1020

personal affairs of the resident, except if that which may be

1021

necessary for the safe management of the facility or for the

1022

safety of the resident.

1023

     (3)(2) A facility, or an owner, administrator, staff

1024

employee, or representative thereof, may not act as the

1025

resident's representative or designee, guardian, health care

1026

surrogate, trustee, or conservator for a any resident of the

1027

assisted living facility or any of the such resident's property

1028

unless the person is a relative of the resident.

1029

     (4) A facility An owner, administrator, or staff member, or

1030

representative thereof, may not act as a competent resident's

1031

payee for social security, veteran's, or railroad benefits

1032

without the consent of the resident. Any facility whose owner,

1033

administrator, or staff, or representative thereof who, serves as

1034

representative payee for a any resident must of the facility

1035

shall file a surety bond with the agency in an amount equal to

1036

twice the average monthly aggregate income or personal funds due

1037

to residents, or expendable for his or her their account, which

1038

are received by a facility.

1039

     (5) Any facility whose owner, administrator, or staff, or a

1040

representative thereof, who, is granted power of attorney for a

1041

any resident must of the facility shall file a surety bond with

1042

the agency for each resident for whom such power of attorney is

1043

granted. The surety bond must shall be in an amount equal to

1044

twice the average monthly income of the resident, plus the value

1045

of any resident's property under the control of the attorney in

1046

fact. The bond must shall be executed by the facility as

1047

principal and a licensed surety company. The bond shall be

1048

conditioned upon the faithful compliance of the facility with

1049

this section and shall run to the agency for the benefit of any

1050

resident who suffers a financial loss as a result of the misuse

1051

or misappropriation by a facility of funds held pursuant to this

1052

subsection. Any surety company that cancels or does not renew the

1053

bond of any licensee shall notify the agency in writing not less

1054

than 30 days in advance of such action, giving the reason for the

1055

cancellation or nonrenewal. Any facility owner, administrator, or

1056

staff, or representative thereof, who is granted power of

1057

attorney for a any resident of the facility shall, on a monthly

1058

basis, be required to provide the resident with a written

1059

statement of any transaction made on behalf of the resident

1060

pursuant to this subsection, and a copy of such statement given

1061

to the resident shall be retained in each resident's file and

1062

available for agency inspection.

1063

     Section 17.  Paragraphs (k) and (l) of subsection (1) and

1064

subsection (3) of section 429.28, Florida Statutes, are amended

1065

to read:

1066

     429.28  Resident bill of rights.--

1067

     (1)  No resident of a facility shall be deprived of any

1068

civil or legal rights, benefits, or privileges guaranteed by law,

1069

the Constitution of the State of Florida, or the Constitution of

1070

the United States as a resident of a facility. Every resident of

1071

a facility shall have the right to:

1072

     (k) At least 45 days' written notice of relocation or

1073

termination of residency from the facility unless, for medical

1074

reasons, the resident is certified by a physician to require an

1075

emergency relocation to a facility providing a more skilled level

1076

of care or the resident engages in a pattern of conduct that is

1077

harmful or offensive to other residents. The notice must specify

1078

the reasons for the relocation or termination and a copy of the

1079

notice must be sent by registered mail to the resident's

1080

representative or designee, guardian, surrogate, attorney in

1081

fact, the local ombudsman council, and the agency at the same

1082

time the notice is delivered to the resident. The agency shall

1083

compile an annual report summarizing the information received in

1084

the notice, including the number and reasons for relocation or

1085

termination of facility residents, type and size of facilities,

1086

and other information that the agency considers relevant, which

1087

shall be submitted to the Governor, the President of the Senate,

1088

and the Speaker of the House of Representatives. In the case of a

1089

resident who has been adjudicated mentally incapacitated, the

1090

guardian shall be given at least 45 days' notice of a

1091

nonemergency relocation or residency termination. Reasons for

1092

relocation shall be set forth in writing. In order for a facility

1093

to terminate the residency of an individual without notice as

1094

provided in this paragraph herein, the facility must shall show

1095

good cause in a court of competent jurisdiction.

1096

     (l)  Present grievances and recommend changes in policies,

1097

procedures, and services to the staff of the facility, governing

1098

officials, or any other person without restraint, interference,

1099

coercion, discrimination, or reprisal. Each facility shall

1100

establish a written grievance procedure to facilitate the

1101

residents' exercise of this right which must include, at a

1102

minimum, maintaining a written record of each grievance, the

1103

stated reason for the grievance, actions taken by the facility,

1104

and reporting each grievance within 3 business days after

1105

receiving the grievance to the local ombudsman council. Each

1106

facility must accept grievances orally and may accept grievances

1107

in writing. The local ombudsman council shall maintain a record

1108

of all grievances received from each facility in the local area

1109

which shall be submitted by the local council to the Office of

1110

State Long-Term Care Ombudsman pursuant to s. 400.0089. This

1111

right also includes access to ombudsman volunteers and advocates

1112

and the right to be a member of, to be active in, and to

1113

associate with advocacy or special interest groups.

1114

     (3)(a) The agency shall conduct a survey to determine

1115

general compliance with facility standards and compliance with

1116

residents' rights as a prerequisite to initial licensure or

1117

licensure renewal.

1118

     (b) In order to determine whether the facility is

1119

adequately protecting residents' rights, the agency's biennial

1120

survey shall include private informal conversations with a sample

1121

of residents and consultation with the ombudsman council in the

1122

planning and service area in which the facility is located to

1123

discuss residents' experiences within the facility.

1124

     (c) During any calendar year in which no survey is

1125

conducted, the agency shall conduct at least one monitoring visit

1126

of each facility cited in the previous year for a class I or

1127

class II violation, or more than three uncorrected class III

1128

violations.

1129

     (d) The agency may conduct periodic followup inspections as

1130

necessary to monitor the compliance of facilities with a history

1131

of any class I, class II, or class III violations that threaten

1132

the health, safety, or security of residents.

1133

     (e) The agency may conduct complaint investigations as

1134

warranted to investigate any allegations of noncompliance with

1135

requirements required under this part or rules adopted under this

1136

part.

1137

     Section 18.  Subsection (1) of section 429.294, Florida

1138

Statutes, is amended to read:

1139

     429.294  Availability of facility records for investigation

1140

of resident's rights violations and defenses; penalty.--

1141

     (1)  Failure to provide complete copies of a resident's

1142

records, including, but not limited to, all medical records and

1143

the resident's chart, within the control or possession of the

1144

facility within 10 days, in accordance with the provisions of s.

1145

400.145, shall constitute evidence of failure of that party to

1146

comply with good faith discovery requirements and shall waive the

1147

good faith certificate and presuit notice requirements under this

1148

part by the requesting party.

1149

     Section 19.  Section 429.34, Florida Statutes, is amended to

1150

read:

1151

     429.34  Right of entry and inspection.--In addition to the

1152

requirements of s. 408.811:,

1153

     (1) Any duly designated officer or employee of the

1154

department, the Department of Children and Family Services, the

1155

Medicaid Fraud Control Unit of the Office of the Attorney

1156

General, the state or local fire marshal, or a member of the

1157

state or local long-term care ombudsman council shall have the

1158

right to enter unannounced upon and into the premises of any

1159

facility licensed pursuant to this part in order to determine the

1160

state of compliance with the provisions of this part, part II of

1161

chapter 408, and applicable rules. Data collected by the state or

1162

local long-term care ombudsman councils or the state or local

1163

advocacy councils may be used by the agency in investigations

1164

involving violations of regulatory standards.

1165

     (2) Every 15 months the agency shall conduct at least one

1166

unannounced inspection to determine compliance with this chapter

1167

and related rules, including minimum standards of quality and

1168

adequacy of care and the rights of residents. Two additional

1169

surveys shall be conducted every 6 months for the next year if

1170

the facility has been cited for a class I deficiency or two or

1171

more class II deficiencies arising from separate surveys or

1172

investigations within a 60-day period. In addition to any fines

1173

imposed on a facility under s. 429.19, the agency shall assess a

1174

fine of $160 per bed for each of the additional two surveys. The

1175

agency shall adjust this fine by the change in the Consumer Price

1176

Index, based on the 12 months immediately preceding the change,

1177

to cover the cost of the additional two surveys. The agency shall

1178

verify through subsequent inspections that any deficiency

1179

identified during an inspection is corrected. However, the agency

1180

may verify the correction of a class III or class IV deficiency

1181

unrelated to resident rights or resident care without

1182

reinspecting the facility if adequate written documentation has

1183

been received from the facility which provides assurance that the

1184

deficiency has been corrected.

1185

     Section 20.  Paragraphs (k) and (l) of subsection (1) of

1186

section 429.41, Florida Statutes, are redesignated as paragraphs

1187

(l) and (m), respectively, and a new paragraph (k) is added to

1188

that subsection, to read:

1189

     (1)  It is the intent of the Legislature that rules

1190

published and enforced pursuant to this section shall include

1191

criteria by which a reasonable and consistent quality of resident

1192

care and quality of life may be ensured and the results of such

1193

resident care may be demonstrated. Such rules shall also ensure a

1194

safe and sanitary environment that is residential and

1195

noninstitutional in design or nature. It is further intended that

1196

reasonable efforts be made to accommodate the needs and

1197

preferences of residents to enhance the quality of life in a

1198

facility. The agency, in consultation with the department, may

1199

adopt rules to administer the requirements of part II of chapter

1200

408. In order to provide safe and sanitary facilities and the

1201

highest quality of resident care accommodating the needs and

1202

preferences of residents, the department, in consultation with

1203

the agency, the Department of Children and Family Services, and

1204

the Department of Health, shall adopt rules, policies, and

1205

procedures to administer this part, which must include reasonable

1206

and fair minimum standards in relation to:

1207

     (k) The requirement that all residents have service plans.

1208

The service plan must be reviewed and updated annually; however,

1209

for a resident receiving nursing services ordered by a physician,

1210

except administration of medication, the plan must be reviewed

1211

and updated quarterly and whenever a resident experiences a

1212

significant change in condition.

1213

     Section 21.  Present subsection (14) of section 429.65,

1214

Florida Statutes, is renumbered as subsection (15) and a new

1215

subsection (14) is added to that section, to read:

1216

     429.65  Definitions.--As used in this part, the term:

1217

     (14) "Reside" means the licensee or applicant lives in the

1218

adult family care home as a primary residence. For the purposes

1219

of this part, any two of the following documents, including the

1220

adult family care home address and the name of the licensee or

1221

applicant, may be accepted by the agency as proof that the

1222

licensee or applicant resides in the adult family care home:

1223

     (a) Homestead exemption documentation;

1224

     (b) A lease or rental agreement accompanied by a

1225

corresponding utility bill; or

1226

     (c) Personal identification issued by a state or federal

1227

agency.

1228

     Section 22.  Subsection (4) of section 429.67, Florida

1229

Statutes, is amended to read:

1230

     429.67  Licensure.--

1231

     (4)  Upon receipt of a completed license application or

1232

license renewal, and the fee, the agency shall initiate a level 1

1233

background screening as provided under chapter 435 on the adult

1234

family-care home provider, the designated relief person, all

1235

adult household members, and all staff members, and any other

1236

person who provides personal services to residents or who have

1237

routine access to the adult family-care home.

1238

     (a)  Proof of compliance with level 1 screening standards

1239

which has been submitted within the previous 5 years to meet any

1240

facility or professional licensure requirements of the agency or

1241

the Department of Health satisfies the requirements of this

1242

subsection. Such proof must be accompanied, under penalty of

1243

perjury, by a copy of the person's current professional license

1244

and an affidavit of current compliance with the background

1245

screening requirements.

1246

     (b)  The person required to be screened must have been

1247

continuously employed in the same type of occupation for which

1248

the person is seeking employment without a breach in service that

1249

exceeds 180 days, and proof of compliance with the level 1

1250

screening requirement which is no more than 2 years old must be

1251

provided. Proof of compliance shall be provided directly from one

1252

employer or contractor to another, and not from the person

1253

screened. Upon request, a copy of screening results shall be

1254

provided to the person screened by the employer retaining

1255

documentation of the screening.

1256

     Section 23.  Subsection (3) is added to section 429.69,

1257

Florida Statutes, to read:

1258

     429.69  Denial, revocation, and suspension of a license.--In

1259

addition to the requirements of part II of chapter 408, the

1260

agency may deny, suspend, and revoke a license for any of the

1261

following reasons:

1262

     (3) Failure of the adult family-care home provider who owns

1263

or rents the home to live in the home.

1264

     Section 24.  Paragraph (b) of subsection (1) of section

1265

429.73, Florida Statutes, is amended to read:

1266

     429.73  Rules and standards relating to adult family-care

1267

homes.--

1268

     (1)  The agency, in consultation with the department, may

1269

adopt rules to administer the requirements of part II of chapter

1270

408. The department, in consultation with the Department of

1271

Health, the Department of Children and Family Services, and the

1272

agency shall, by rule, establish minimum standards to ensure the

1273

health, safety, and well-being of each resident in the adult

1274

family-care home pursuant to this part. The rules must address:

1275

     (b)  Services that must be provided to all residents of an

1276

adult family-care home and standards for such services, which

1277

must include, but need not be limited to:

1278

     1.  Room and board.

1279

     2.  Assistance necessary to perform the activities of daily

1280

living.

1281

     3.  Assistance necessary to administer medication.

1282

     4.  Supervision of residents.

1283

     5. Health monitoring, including periodic assessments to

1284

determine if the resident is competent to handle his or her

1285

personal and financial affairs, and, if not, whether a

1286

responsible person such as a guardian, surrogate, or attorney in

1287

fact is available to make decisions on behalf of the resident.

1288

     6.  Social and leisure activities.

1289

     Section 25.  Subsections (2) and (3) of section 435.03,

1290

Florida Statutes, are amended to read:

1291

     435.03  Level 1 screening standards.--

1292

     (2)  Any person for whom employment screening is required by

1293

statute must not have been convicted of found guilty of,

1294

regardless of adjudication, or entered a plea of guilty or nolo

1295

contendere or guilty to, regardless of adjudication, to any

1296

offense prohibited under any of the following provisions of the

1297

Florida statutes or under any similar statute of another

1298

jurisdiction:

1299

     (a)  Section 393.135, relating to sexual misconduct with

1300

certain developmentally disabled clients and reporting of such

1301

sexual misconduct.

1302

     (b)  Section 394.4593, relating to sexual misconduct with

1303

certain mental health patients and reporting of such sexual

1304

misconduct.

1305

     (c)  Section 415.111, relating to abuse, neglect, or

1306

exploitation of a vulnerable adult.

1307

     (d)  Section 782.04, relating to murder.

1308

     (e)  Section 782.07, relating to manslaughter, aggravated

1309

manslaughter of an elderly person or disabled adult, or

1310

aggravated manslaughter of a child.

1311

     (f)  Section 782.071, relating to vehicular homicide.

1312

     (g)  Section 782.09, relating to killing of an unborn quick

1313

child by injury to the mother.

1314

     (h)  Section 784.011, relating to assault, if the victim of

1315

the offense was a minor.

1316

     (i)  Section 784.021, relating to aggravated assault.

1317

     (j)  Section 784.03, relating to battery, if the victim of

1318

the offense was a minor.

1319

     (k)  Section 784.045, relating to aggravated battery.

1320

     (l)  Section 787.01, relating to kidnapping.

1321

     (m)  Section 787.02, relating to false imprisonment.

1322

     (n)  Section 794.011, relating to sexual battery.

1323

     (o)  Former s. 794.041, relating to prohibited acts of

1324

persons in familial or custodial authority.

1325

     (p)  Chapter 796, relating to prostitution.

1326

     (q)  Section 798.02, relating to lewd and lascivious

1327

behavior.

1328

     (r)  Chapter 800, relating to lewdness and indecent

1329

exposure.

1330

     (s)  Section 806.01, relating to arson.

1331

     (t)  Chapter 812, relating to theft, robbery, and related

1332

crimes, if the offense was a felony.

1333

     (u)  Section 817.563, relating to fraudulent sale of

1334

controlled substances, only if the offense was a felony.

1335

     (v)  Section 825.102, relating to abuse, aggravated abuse,

1336

or neglect of an elderly person or disabled adult.

1337

     (w)  Section 825.1025, relating to lewd or lascivious

1338

offenses committed upon or in the presence of an elderly person

1339

or disabled adult.

1340

     (x)  Section 825.103, relating to exploitation of an elderly

1341

person or disabled adult, if the offense was a felony.

1342

     (y)  Section 826.04, relating to incest.

1343

     (z)  Section 827.03, relating to child abuse, aggravated

1344

child abuse, or neglect of a child.

1345

     (aa)  Section 827.04, relating to contributing to the

1346

delinquency or dependency of a child.

1347

     (bb)  Former s. 827.05, relating to negligent treatment of

1348

children.

1349

     (cc)  Section 827.071, relating to sexual performance by a

1350

child.

1351

     (dd)  Chapter 847, relating to obscene literature.

1352

     (ee)  Chapter 893, relating to drug abuse prevention and

1353

control, only if the offense was a felony or if any other person

1354

involved in the offense was a minor.

1355

     (ff)  Section 916.1075, relating to sexual misconduct with

1356

certain forensic clients and reporting of such sexual misconduct.

1357

     (3)  Standards must also ensure that the person:

1358

     (a)  For employees and employers licensed or registered

1359

pursuant to part II of chapter 408 400 or chapter 429, and for

1360

employees and employers of developmental disabilities

1361

institutions as defined in s. 393.063, intermediate care

1362

facilities for the developmentally disabled as defined in s.

1363

400.960, and mental health treatment facilities as defined in s.

1364

394.455, has not been convicted of, or entered a plea of guilty

1365

or nolo contendere, regardless of adjudication, to offenses

1366

prohibited under any of the following statutes or under any

1367

similar statute of another jurisdiction: meets the requirements

1368

of this chapter.

1369

     1. Sections 409.920 and 409.9201, relating to Medicaid

1370

fraud.

1371

     2. Chapter 429, relating to assisted care communities.

1372

     3. Chapter 784, relating to assault, battery, and culpable

1373

negligence, if the offense is a felony.

1374

     4. Section 810.02, relating to burglary, if the offense is

1375

a felony.

1376

     5. Section 817.034, relating to communications fraud.

1377

     6. Section 817.234, relating to fraudulent insurance

1378

claims.

1379

     7. Section 817.505, relating to patient brokering.

1380

     8. Section 817.568, relating to identification theft.

1381

     9. Sections 817.60 and 817.61, relating to credit cards, if

1382

the offense is a felony.

1383

     10. Sections 831.01, 831.02, 831.07, 831.09, 831.30, and

1384

831.31 relating to forgery, uttering, and counterfeiting.

1385

     (b)  Has not committed an act that constitutes domestic

1386

violence as defined in s. 741.28.

1387

     Section 26.  Subsections (2) and (4) of section 435.04,

1388

Florida Statutes, are amended to read:

1389

     435.04  Level 2 screening standards.--

1390

     (2)  The security background investigations under this

1391

section must ensure that no persons subject to the provisions of

1392

this section have been convicted found guilty of, regardless of

1393

adjudication, or entered a plea of guilty or nolo contendere or

1394

guilty to, regardless of adjudication, to any offense prohibited

1395

under any of the following provisions of the Florida statutes or

1396

under any similar statute of another jurisdiction:

1397

     (a)  Section 393.135, relating to sexual misconduct with

1398

certain developmentally disabled clients and reporting of such

1399

sexual misconduct.

1400

     (b)  Section 394.4593, relating to sexual misconduct with

1401

certain mental health patients and reporting of such sexual

1402

misconduct.

1403

     (c)  Section 415.111, relating to adult abuse, neglect, or

1404

exploitation of aged persons or disabled adults.

1405

     (d)  Section 782.04, relating to murder.

1406

     (e)  Section 782.07, relating to manslaughter, aggravated

1407

manslaughter of an elderly person or disabled adult, or

1408

aggravated manslaughter of a child.

1409

     (f)  Section 782.071, relating to vehicular homicide.

1410

     (g)  Section 782.09, relating to killing of an unborn quick

1411

child by injury to the mother.

1412

     (h)  Section 784.011, relating to assault, if the victim of

1413

the offense was a minor.

1414

     (i)  Section 784.021, relating to aggravated assault.

1415

     (j)  Section 784.03, relating to battery, if the victim of

1416

the offense was a minor.

1417

     (k)  Section 784.045, relating to aggravated battery.

1418

     (l)  Section 784.075, relating to battery on a detention or

1419

commitment facility staff.

1420

     (m)  Section 787.01, relating to kidnapping.

1421

     (n)  Section 787.02, relating to false imprisonment.

1422

     (o)  Section 787.04(2), relating to taking, enticing, or

1423

removing a child beyond the state limits with criminal intent

1424

pending custody proceedings.

1425

     (p)  Section 787.04(3), relating to carrying a child beyond

1426

the state lines with criminal intent to avoid producing a child

1427

at a custody hearing or delivering the child to the designated

1428

person.

1429

     (q)  Section 790.115(1), relating to exhibiting firearms or

1430

weapons within 1,000 feet of a school.

1431

     (r)  Section 790.115(2)(b), relating to possessing an

1432

electric weapon or device, destructive device, or other weapon on

1433

school property.

1434

     (s)  Section 794.011, relating to sexual battery.

1435

     (t)  Former s. 794.041, relating to prohibited acts of

1436

persons in familial or custodial authority.

1437

     (u)  Chapter 796, relating to prostitution.

1438

     (v)  Section 798.02, relating to lewd and lascivious

1439

behavior.

1440

     (w)  Chapter 800, relating to lewdness and indecent

1441

exposure.

1442

     (x)  Section 806.01, relating to arson.

1443

     (y)  Chapter 812, relating to theft, robbery, and related

1444

crimes, if the offense is a felony.

1445

     (z)  Section 817.563, relating to fraudulent sale of

1446

controlled substances, only if the offense was a felony.

1447

     (aa)  Section 825.102, relating to abuse, aggravated abuse,

1448

or neglect of an elderly person or disabled adult.

1449

     (bb)  Section 825.1025, relating to lewd or lascivious

1450

offenses committed upon or in the presence of an elderly person

1451

or disabled adult.

1452

     (cc)  Section 825.103, relating to exploitation of an

1453

elderly person or disabled adult, if the offense was a felony.

1454

     (dd)  Section 826.04, relating to incest.

1455

     (ee)  Section 827.03, relating to child abuse, aggravated

1456

child abuse, or neglect of a child.

1457

     (ff)  Section 827.04, relating to contributing to the

1458

delinquency or dependency of a child.

1459

     (gg)  Former s. 827.05, relating to negligent treatment of

1460

children.

1461

     (hh)  Section 827.071, relating to sexual performance by a

1462

child.

1463

     (ii)  Section 843.01, relating to resisting arrest with

1464

violence.

1465

     (jj)  Section 843.025, relating to depriving a law

1466

enforcement, correctional, or correctional probation officer

1467

means of protection or communication.

1468

     (kk)  Section 843.12, relating to aiding in an escape.

1469

     (ll)  Section 843.13, relating to aiding in the escape of

1470

juvenile inmates in correctional institutions.

1471

     (mm)  Chapter 847, relating to obscene literature.

1472

     (nn)  Section 874.05(1), relating to encouraging or

1473

recruiting another to join a criminal gang.

1474

     (oo)  Chapter 893, relating to drug abuse prevention and

1475

control, only if the offense was a felony or if any other person

1476

involved in the offense was a minor.

1477

     (pp)  Section 916.1075, relating to sexual misconduct with

1478

certain forensic clients and reporting of such sexual misconduct.

1479

     (qq)  Section 944.35(3), relating to inflicting cruel or

1480

inhuman treatment on an inmate resulting in great bodily harm.

1481

     (rr)  Section 944.46, relating to harboring, concealing, or

1482

aiding an escaped prisoner.

1483

     (ss)  Section 944.47, relating to introduction of contraband

1484

into a correctional facility.

1485

     (tt)  Section 985.701, relating to sexual misconduct in

1486

juvenile justice programs.

1487

     (uu)  Section 985.711, relating to contraband introduced

1488

into detention facilities.

1489

     (4)  Standards must also ensure that the person:

1490

     (a)  For employees or employers licensed or registered

1491

pursuant to part II of chapter 408 and employees and employers of

1492

developmental disabilities institutions as defined in s. 393.063

1493

and mental health treatment facilities as defined in s. 394.455,

1494

has not been convicted of, or entered a plea of guilty or nolo

1495

contendere, regardless of adjudication, to offenses prohibited

1496

under any of the following statutes or under similar statutes of

1497

another jurisdiction: 400 or chapter 429,does not have a

1498

confirmed report of abuse, neglect, or exploitation as defined in

1499

s. 415.102(6), which has been uncontested or upheld under s.

1500

415.103.

1501

     1. Sections 409.920 and 409.9201, relating to Medicaid

1502

fraud.

1503

     2. Chapter 429, relating to assisted care communities.

1504

     3. Chapter 784, relating to assault, battery, and culpable

1505

negligence, if the offense is a felony.

1506

     4. Section 810.02, relating to burglary, if the offense is

1507

a felony.

1508

     5. Section 817.034, relating to communications fraud.

1509

     6. Section 817.234, relating to fraudulent insurance

1510

claims.

1511

     7. Section 817.505, relating to patient brokering.

1512

     8. Section 817.568, relating to identification theft.

1513

     9. Sections 817.60 and 817.61, relating to credit cards, if

1514

the offense is a felony.

1515

     10. Sections 831.01, 831.02, 831.07, 831.09, 831.30, and

1516

831.31 relating to forgery, uttering, and counterfeiting.

1517

     (b)  Has not committed an act that constitutes domestic

1518

violence as defined in s. 741.28 s. 741.30.

1519

     Section 27. Subsection (13) of section 400.141, subsection

1520

(3) of section 408.809, subsection (2) of section 429.08, and

1521

subsection (5) of section 429.41, Florida Statutes, are repealed.

1522

     Section 28.  Paragraph (h) of subsection (3) of section

1523

430.80, Florida Statutes, is amended to read:

1524

     430.80  Implementation of a teaching nursing home pilot

1525

project.--

1526

     (3)  To be designated as a teaching nursing home, a nursing

1527

home licensee must, at a minimum:

1528

     (h) Maintain insurance coverage pursuant to s. 400.141(19)

1529

s. 400.141(20) or proof of financial responsibility in a minimum

1530

amount of $750,000. Such Proof of financial responsibility may

1531

include:

1532

     1.  Maintaining an escrow account consisting of cash or

1533

assets eligible for deposit in accordance with s. 625.52; or

1534

     2. Obtaining and maintaining, pursuant to chapter 675, an

1535

unexpired, irrevocable, nontransferable and nonassignable letter

1536

of credit issued by a any bank or savings association organized

1537

and existing under the laws of this state or a any bank or

1538

savings association organized under the laws of the United States

1539

that has its principal place of business in this state or has a

1540

branch office which is authorized to receive deposits in this

1541

state. The letter of credit shall be used to satisfy the

1542

obligation of the facility to the claimant upon presentment of a

1543

final judgment indicating liability and awarding damages to be

1544

paid by the facility or upon presentment of a settlement

1545

agreement signed by all parties if the to the agreement when such

1546

final judgment or settlement is a result of a liability claim

1547

against the facility.

1548

     Section 29.  Subsection (13) of section 651.118, Florida

1549

Statutes, is amended to read:

1550

     651.118  Agency for Health Care Administration; certificates

1551

of need; sheltered beds; community beds.--

1552

     (13) Residents, as defined in this chapter, are not

1553

considered new admissions for the purpose of s. 400.141(14)(d) s.

1554

400.141(15)(d).

1555

     Section 30.  This act shall take effect October 1, 2008.