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

search of the Department of Law Enforcement's sexual

9

offender database to be conducted on all nursing home

10

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

11

relating to unannounced inspections; amending s. 400.215,

12

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

13

home to submit to background screening; prohibiting

14

employees and contracted workers who do not meet

15

background screening requirements from being employed in a

16

nursing home; providing certain exceptions; deleting an

17

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

18

the agency to establish a fee schedule to cover the cost

19

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

20

rulemaking authority; amending s. 408.810, F.S.; requiring

21

health care facilities regulated by the Agency for Health

22

Care Administration to post certain information in the

23

facility; authorizing the agency to charge a fee to cover

24

production and distribution unless the information is

25

downloaded from the agency's website; amending s. 408.811,

26

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

27

notice of unannounced agency inspections are subject to

28

suspension; providing a timeline and process for

29

correction of deficiencies; providing that the agency may

30

provide electronic access to documents; amending s.

31

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

32

abuse hotline relating to vulnerable adults to be

33

immediately transferred to the county sheriff's office;

34

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

35

Children and Family Services to file the petition to

36

determine incapacity in adult protection proceedings;

37

prohibiting the department from serving as the guardian or

38

providing legal counsel to the guardian; amending s.

39

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

40

Department of Children and Family Services relating to

41

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

42

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

43

remove the limitation that plans are required only in

44

assisted living facilities that have an extended

45

congregate care license; requiring that the agency develop

46

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

47

that license requirements for specialty licenses apply to

48

current licensees as well as applicants for an extended

49

congregate care and limited nursing license; conforming a

50

cross-reference; amending s. 429.174, F.S.; requiring

51

certain employees and contracted workers in assisted

52

living facilities to submit to background screening;

53

prohibiting employees and contracted workers who do not

54

meet background screening requirements from being employed

55

in an assisted living facility; providing certain

56

exceptions; requiring the person being screened to pay for

57

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

58

providing that the owner or administrator of an assisted

59

living facility is responsible for the services provided

60

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

61

prohibition on moving a resident; providing for the

62

development of a service plan for all residents; requiring

63

a search of the Department of Law Enforcement's sexual

64

offender database to be conducted on all residents of an

65

assisted living facility; requiring residents to be

66

periodically assessed for competency to handle personal

67

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

68

living facility personnel from making certain decisions

69

for a resident or acting as the resident's representative

70

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

71

notice of a resident's relocation or termination of

72

residency be in writing and a copy sent to specified

73

persons; requiring the State Long-Term Ombudsman Program

74

include information within their annual report to the

75

Governor and the Legislature; requiring facilities to have

76

a written grievance procedure that includes certain

77

information; requiring that grievances reported to the

78

local ombudsman council be included in a statewide

79

reporting system; revising provisions relating to agency

80

surveys to determine compliance with resident rights in

81

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

82

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

83

providing for unannounced inspections; providing for

84

additional 6-month inspections for certain violations;

85

providing for an additional fine for 6-month inspections;

86

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

87

assisted living facilities to have a service plan;

88

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

89

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

90

list of persons who must have a background screening in

91

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

92

providing that the failure of a adult family-care home

93

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

94

revocation, or suspension of a license; amending s.

95

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

96

to be periodically assessed for competency to handle

97

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

98

providing additional criminal offenses for screening

99

certain health care facility personnel; repealing s.

100

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

101

certain information in nursing homes; repealing s.

102

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

103

provisional license while awaiting the results of a

104

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

105

deleting a provision relating to local workgroups of field

106

offices of the Agency for Health Care Administration;

107

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

108

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

109

conforming cross-references; providing an effective date.

110

111

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

112

113

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

114

Statutes, is amended to read:

115

     322.142  Color photographic or digital imaged licenses.--

116

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

117

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

118

and signature of the licensees, together with other data required

119

by the department for identification and retrieval. Reproductions

120

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

121

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

122

administrative purposes; for the issuance of duplicate licenses;

123

in response to law enforcement agency requests; to the Department

124

of State pursuant to an interagency agreement to facilitate

125

determinations of eligibility of voter registration applicants

126

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

127

to the Department of Revenue pursuant to an interagency agreement

128

for use in establishing paternity and establishing, modifying, or

129

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

130

Department of Children and Family Services pursuant to an

131

interagency agreement to conduct protective investigations under

132

chapter 415; or to the Department of Financial Services pursuant

133

to an interagency agreement to facilitate the location of owners

134

of unclaimed property, the validation of unclaimed property

135

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

136

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

137

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

138

Florida Statutes, to read:

139

     400.141  Administration and management of nursing home

140

facilities.--Every licensed facility shall comply with all

141

applicable standards and rules of the agency and shall:

142

     (25) Conduct a search of the Department of Law

143

Enforcement's sexual offender database for each prospective

144

resident before admission or immediately after admission. A

145

facility must maintain verification that each resident has been

146

screened within the previous year. The information obtained may

147

be used by the facility to assess the needs of the resident and

148

to provide adequate and appropriate health care and protective

149

and support services in accordance with this part. The

150

information obtained may be disclosed to other residents. The

151

facility does not have to rescreen a resident who is away from a

152

facility for no more than 45 days.

153

154

Facilities that have been awarded a Gold Seal under the program

155

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

156

nursing assistant training as prescribed by federal regulations

157

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

158

program.

159

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

160

Statutes, is amended to read:

161

     400.19  Right of entry and inspection.--

162

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

163

unannounced inspection to determine compliance by the licensee

164

with statutes, and related with rules promulgated under the

165

provisions of those statutes, governing minimum standards of

166

construction, quality and adequacy of care, and rights of

167

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

168

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

169

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

170

arising from separate surveys or investigations within a 60-day

171

period, or has had three or more substantiated complaints within

172

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

173

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

174

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

175

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

176

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

177

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

178

Consumer Price Index, based on the 12 months immediately

179

preceding the change increase, to cover the cost of the

180

additional surveys. The agency shall verify through subsequent

181

inspection that any deficiency identified during inspection is

182

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

183

class III or class IV deficiency unrelated to resident rights or

184

resident care without reinspecting the facility if adequate

185

written documentation has been received from the facility, which

186

provides assurance that the deficiency has been corrected. The

187

giving or causing to be given of advance notice of such

188

unannounced inspections by an employee of the agency to any

189

unauthorized person shall constitute cause for suspension of not

190

fewer than 5 working days according to the provisions of chapter

191

110.

192

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

193

read:

194

     400.215 Background Personnel screening requirement.--

195

     (1) The agency shall require Background screening as

196

provided in chapter 435 is required for all nursing home facility

197

employees or prospective employees of facilities licensed under

198

this part who are expected to, or whose responsibilities may

199

require them to:

200

     (a)  Provide personal care or services to residents;

201

     (b)  Have access to resident living areas; or

202

     (c)  Have access to resident funds or other personal

203

property.

204

     (2) Background screening as provided in chapter 435 is

205

required for all nursing home facility contracted workers who are

206

expected to, or whose responsibilities may require them to,

207

provide personal care or services to residents. The facility

208

shall maintain verification that such contracted workers have

209

been screened pursuant to this section. Contracted workers who do

210

not provide personal care or services to residents are not

211

required to be screened pursuant to this section but must sign in

212

at the reception desk or nurses' station upon entering the

213

facility, wear an identification badge while on the premises, and

214

sign out before leaving the facility. The nursing facility shall

215

maintain a log containing the information collected.

216

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

217

contracted workers shall comply with the requirements of s.

218

435.05.

219

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

220

facilities must have in their possession evidence that level 1

221

screening under s. 435.03 has been completed before allowing an

222

employee or contracted worker to begin employment in the facility

223

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

224

information necessary for conducting level 1 background screening

225

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

226

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

227

background screening shall be provided by the agency to the

228

requesting nursing facility.

229

     (b) Employees and contracted workers qualified under the

230

provisions of paragraph (a) who have not maintained continuous

231

residency within the state for the 5 years immediately preceding

232

the date of request for background screening must complete level

233

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

234

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

235

receipt of written findings evidencing the completion of level 2

236

screening. Contracted workers who are awaiting the completion of

237

level 2 screening may work only under the direct and visual

238

supervision of persons who have met the screening requirements of

239

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

240

employees, or prospective employees, or contracted workers who

241

attest in writing under penalty of perjury that they meet the

242

residency requirement. To complete Completion of level 2

243

screening: shall require

244

     1. The employee or contracted worker shall prospective

245

employee to furnish to the nursing facility a full set of

246

fingerprints for conducting a federal criminal records check to

247

enable a criminal background investigation to be conducted.

248

     2. The nursing facility shall submit the completed

249

fingerprint card to the agency.

250

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

251

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

252

request to the Department of Law Enforcement, which is authorized

253

to submit the fingerprints to the Federal Bureau of Investigation

254

for a national criminal history records check.

255

     4. The results of the national criminal history records

256

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

257

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

258

     5. The agency shall notify the administrator of the

259

requesting nursing facility or the administrator of any other

260

requesting facility licensed under chapter 393, chapter 394,

261

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

262

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

263

qualified under level 1 or level 2 screening.

264

265

An employee or contracted worker prospective employee who has

266

qualified under level 2 screening and has maintained such

267

continuous residency within the state is shall not be required to

268

complete a subsequent level 2 screening as a condition of

269

employment at another facility.

270

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

271

includes of background screening information which shall include

272

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

273

Department of Law Enforcement shall timely provide to the agency,

274

electronically, the results of each statewide screening for

275

incorporation into the database. The agency shall, upon request

276

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

277

by law to screen its employees or contracted workers applicants,

278

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

279

the qualifying or disqualifying status of the person employee or

280

applicant named in the request.

281

     (d) Applicants and Employees, prospective employees, and

282

contracted workers shall be excluded from employment pursuant to

283

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

284

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

285

screened. However, an employee of a nursing facility, employed

286

prior to October 1, 1998, who is determined to have a

287

disqualifying offense may continue employment pending the outcome

288

of an exemption request if that request is made by October 1,

289

2009.

290

     (4)(3) The person being screened applicant is responsible

291

for paying the fees associated with obtaining the required

292

screening. Payment for the screening shall be submitted to the

293

agency. The agency shall establish a schedule of fees to cover

294

the costs of level 1 and level 2 screening. Facilities may pay

295

reimburse employees for these costs. The Department of Law

296

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

297

screening a rate sufficient to cover the costs of such screening

298

pursuant to s. 943.053(3). The agency shall, as allowable,

299

reimburse nursing facilities for the cost of conducting

300

background screening as required by this section. This

301

reimbursement is will not be subject to any rate ceilings or

302

payment targets in the Medicaid Reimbursement plan.

303

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

304

     (a) The agency may grant an exemption from disqualification

305

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

306

is subject to this section and who has not received a

307

professional license or certification from the Department of

308

Health.

309

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

310

board within the Department of Health, or that department itself

311

when there is no board, may grant an exemption from

312

disqualification to an employee, or prospective employee, or

313

contracted worker who is subject to this section and who has

314

received a professional license or certification from the

315

Department of Health or a regulatory board within that

316

department.

317

     (6)(5) Any provision of law to the contrary

318

notwithstanding, Persons who have been screened and qualified as

319

required by this section, and who have not been unemployed for

320

more than 180 days thereafter, and who, under penalty of perjury,

321

attest to not having been convicted of a disqualifying offense

322

since the completion of such screening are, shall not be required

323

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

324

written verification of qualifying screening results from the

325

previous employer, contractor, or other entity that which caused

326

the such screening to be performed.

327

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

328

have authority to adopt rules to administer pursuant to the

329

Administrative Procedure Act to implement this section.

330

     (7) All employees shall comply with the requirements of

331

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

332

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

333

to submit to rescreening if the nursing facility has in its

334

possession written evidence that the person has been screened and

335

qualified according to level 1 standards as specified in s.

336

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

337

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

338

in this section must provide to the employing nursing facility

339

written attestation under penalty of perjury that the employee

340

has not been convicted of a disqualifying offense in another

341

state or jurisdiction. All applicants hired on or after October

342

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

343

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

344

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

345

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

346

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

347

terminates the employee against whom the report was issued,

348

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

349

Department of Health or the agency for Health Care

350

Administration.

351

     Section 5.  Subsection (6) is added to section 408.809,

352

Florida Statutes, to read:

353

     408.809  Background screening; prohibited offenses.--

354

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

355

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

356

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

357

carry out these screenings and for the schedule of fees.

358

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

359

Statutes, is amended to read:

360

     408.810  Minimum licensure requirements.--In addition to the

361

licensure requirements specified in this part, authorizing

362

statutes, and applicable rules, each applicant and licensee must

363

comply with the requirements of this section in order to obtain

364

and maintain a license.

365

     (5) Each licensee must:

366

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

367

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

368

immediate family or representative, if appropriate, of the right

369

to report:

370

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

371

reporting complaints to the agency must be provided to clients in

372

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

373

report a complaint regarding the services you receive, please

374

call toll-free (phone number)."

375

     2.  Abusive, neglectful, or exploitative practices. The

376

statewide toll-free telephone number for the central abuse

377

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

378

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

379

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

380

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

381

the toll-free telephone numbers.

382

     (b) Each licensee shall Establish appropriate policies and

383

procedures for providing such notice to clients.

384

     (c) Publicly display a poster approved by the agency

385

containing the names, addresses, and telephone numbers for the

386

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

387

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

388

Persons with Disabilities, the Florida Statewide Advocacy

389

Council, the Medicaid Fraud Control Unit, and the Statewide

390

Public Guardianship Office, along with a clear description of the

391

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

392

for the cost of production and distribution of the poster.

393

However, providers may download the poster, at no charge, from

394

the agency's website.

395

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

396

read:

397

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

398

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

399

make or cause to be made any inspection or investigation deemed

400

necessary by the agency to determine the state of compliance with

401

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

402

of inspection extends to any business that the agency has reason

403

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

404

inspection of any business suspected of being operated without

405

the appropriate license may not be made without the permission of

406

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

407

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

408

this part, authorizing statutes, or applicable rules constitutes

409

permission for an appropriate inspection to verify the

410

information submitted on or in connection with the application.

411

     (a)  All inspections shall be unannounced, except as

412

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

413

advance notice of the unannounced inspection by an agency

414

employee to any unauthorized person shall, in accordance with

415

chapter 110, constitute cause for suspension of the employee for

416

at least 5 working days.

417

     (b)  Inspections for relicensure shall be conducted

418

biennially unless otherwise specified by authorizing statutes or

419

applicable rules.

420

     (c) Deficiencies found during an inspection or

421

investigation must be corrected within 30 days unless an

422

alternative timeframe is required or approved by the agency.

423

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

424

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

425

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

426

unless an alternative timeframe is required.

427

     (2)  Inspections conducted in conjunction with certification

428

may be accepted in lieu of a complete licensure inspection.

429

However, a licensure inspection may also be conducted to review

430

any licensure requirements that are not also requirements for

431

certification.

432

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

433

provide copies of all provider records required during an

434

inspection at no cost to the agency.

435

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

436

available upon request, records of all inspection reports

437

pertaining to that provider that have been filed by the agency

438

unless those reports are exempt from or contain information that

439

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

440

Constitution or is otherwise made confidential by law. Effective

441

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

442

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

443

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

444

ownership.

445

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

446

has completed a written application with intent to be admitted by

447

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

448

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

449

the requester a copy of the last inspection report pertaining to

450

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

451

accrediting organization if such report is used in lieu of a

452

licensure inspection.

453

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

454

part or authorizing statutes, the agency may provide electronic

455

access to information or documents.

456

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

457

Statutes, is amended to read:

458

     415.103  Central abuse hotline.--

459

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

460

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

461

the central abuse hotline shall must determine if the report

462

requires an immediate onsite protective investigation.

463

     (a) For reports requiring an immediate onsite protective

464

investigation, the central abuse hotline must immediately notify

465

the department's designated protective investigative district

466

staff responsible for protective investigations to ensure prompt

467

initiation of an onsite investigation.

468

     (b) For reports not requiring an immediate onsite

469

protective investigation, the central abuse hotline must notify

470

the department's designated protective investigative district

471

staff responsible for protective investigations in sufficient

472

time to allow for an investigation to be commenced within 24

473

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

474

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

475

known information on any previous reports report concerning the a

476

subject of the present report or any pertinent information

477

relative to the present report or any noted earlier reports.

478

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

479

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

480

household member, the call shall be immediately transferred to

481

the appropriate county sheriff's office.

482

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

483

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

484

amended to read:

485

     415.1051  Protective services interventions when capacity to

486

consent is lacking; nonemergencies; emergencies; orders;

487

limitations.--

488

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

489

department has reasonable cause to believe that a vulnerable

490

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

491

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

492

lacks the capacity to consent to protective services, the

493

department shall petition the court for an order authorizing the

494

provision of protective services.

495

     (e)  Continued protective services.--

496

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

497

authorizing the provision of protective services, the department

498

shall petition the court to determine whether:

499

     a. Protective services are to will be continued with the

500

consent of the vulnerable adult pursuant to this subsection;

501

     b. Protective services are to will be continued for the

502

vulnerable adult who lacks capacity;

503

     c. Protective services are to will be discontinued; or

504

     d. A petition for guardianship shall should be filed

505

pursuant to chapter 744.

506

     2.  If the court determines that a petition for guardianship

507

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

508

good cause shown, may order continued protective services until

509

it makes a determination regarding capacity.

510

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

511

vulnerable adult lacks capacity, the petition to determine

512

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

513

the petition is filed, the department may not be appointed

514

guardian and may not provide legal counsel for the guardian.

515

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

516

department has reasonable cause to believe that a vulnerable

517

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

518

death or serious physical injury to the vulnerable adult and that

519

the vulnerable adult lacks the capacity to consent to emergency

520

protective services, the department may take action under this

521

subsection. If the vulnerable adult has the capacity to consent

522

and refuses consent to emergency protective services, emergency

523

protective services may not be provided.

524

     (g)  Continued emergency protective services.--

525

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

526

authorizing the provision of emergency protective services, the

527

department shall petition the court to determine whether:

528

     a. Emergency protective services are to will be continued

529

with the consent of the vulnerable adult;

530

     b. Emergency protective services are to will be continued

531

for the vulnerable adult who lacks capacity;

532

     c. Emergency protective services are to will be

533

discontinued; or

534

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

535

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

536

for good cause shown, the court may order continued emergency

537

protective services until a determination is made by the court.

538

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

539

vulnerable adult lacks capacity, the petition to determine

540

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

541

the petition is filed, the department may not be appointed

542

guardian and may not provide legal counsel for the guardian.

543

     Section 10.  Section 415.112, Florida Statutes, is amended

544

to read:

545

     415.112 Rules for implementation of ss. 415.101-

546

415.113.--The department shall adopt promulgate rules to

547

administer this chapter including, but not limited to: for the

548

implementation of ss. 415.101-415.113.

549

     (1) Background screening of department employees and

550

employee applicants which includes a criminal records check and

551

drug testing of adult protective investigators and adult

552

protective investigator supervisors.

553

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

554

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

555

protective investigations.

556

     (3) Confidentiality and retention of department records,

557

access to records, and record requests.

558

     (4) Injunctions and other protective orders.

559

     (5) The provision of emergency and nonemergency protective

560

services intervention.

561

     (6) Agreements with law enforcement and other state

562

agencies.

563

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

564

limited to, diligent search, petitions, emergency removals,

565

capacity to consent, and adult protection teams.

566

     (8) The legal and casework management of cases involving

567

protective supervision, protective orders, judicial reviews,

568

administrative reviews, case plans, and documentation

569

requirements.

570

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

571

Statutes, is amended to read:

572

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

573

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

574

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

575

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

576

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

577

representing the facility, which addresses the unique physical

578

and psychosocial needs, abilities, and personal preferences of

579

each resident receiving extended congregate care services. The

580

plan must shall include a brief written description, in easily

581

understood language, of what services shall be provided, who

582

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

583

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

584

develop a service plan form for use by providers.

585

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

586

section 429.07, Florida Statutes, are amended to read:

587

     429.07  License required; fee.--

588

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

589

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

590

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

591

more of the following categories of care: standard, extended

592

congregate care, limited nursing services, or limited mental

593

health.

594

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

595

facilities providing, directly or through contract, services

596

beyond those authorized in paragraph (a), including services

597

performed by persons licensed under acts performed pursuant to

598

part I of chapter 464 by persons licensed thereunder, and

599

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

600

otherwise would be disqualified from continued residence in a

601

facility licensed under this part.

602

     1. To obtain an In order for extended congregate care

603

license services to be provided in a facility licensed under this

604

part, the agency must first determine that all requirements

605

established in law and rule are met and must specifically

606

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

607

provided and whether the designation applies to all or part of

608

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

609

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

610

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

611

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

612

accordance with part II of chapter 408. Existing

613

     2. Facilities applying for, and facilities currently

614

licensed qualifying to provide, extended congregate care services

615

must have maintained a standard license and may not have been

616

subject to administrative sanctions during the previous 2 years,

617

or since initial licensure if the facility has been licensed for

618

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

619

     a.  A class I or class II violation;

620

     b.  Three or more repeat or recurring class III violations

621

of identical or similar resident care standards as specified in

622

rule from which a pattern of noncompliance is found by the

623

agency;

624

     c.  Three or more class III violations that were not

625

corrected in accordance with the corrective action plan approved

626

by the agency;

627

     d. Violation of resident care standards which result in

628

requiring the facility resulting in a requirement to employ the

629

services of a consultant pharmacist or consultant dietitian;

630

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

631

another facility licensed under this part in which the applicant

632

for an extended congregate care license has at least 25 percent

633

ownership interest; or

634

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

635

II of chapter 408 or initiation of injunctive proceedings.

636

     3.2. A facility that is Facilities that are licensed to

637

provide extended congregate care services must shall maintain a

638

written progress report on each person who receives such

639

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

640

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

641

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

642

appropriate designee, representing the agency shall visit the

643

facility such facilities at least quarterly to monitor residents

644

who are receiving extended congregate care services and to

645

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

646

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

647

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

648

survey. The monitoring visits may be provided through contractual

649

arrangements with appropriate community agencies. A registered

650

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

651

facility. The agency may waive one of the required yearly

652

monitoring visits for a facility that has been licensed for at

653

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

654

during the inspection, the registered nurse determines that

655

extended congregate care services are being provided

656

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

657

violations and no uncorrected class III violations. Before such

658

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

659

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

660

facility is located to determine if any complaints have been made

661

and substantiated about the quality of services or care. The

662

agency may not waive one of the required yearly monitoring visits

663

if complaints have been made and substantiated.

664

     4.3. Facilities that are licensed to provide extended

665

congregate care services must shall:

666

     a.  Demonstrate the capability to meet unanticipated

667

resident service needs.

668

     b.  Offer a physical environment that promotes a homelike

669

setting, provides for resident privacy, promotes resident

670

independence, and allows sufficient congregate space as defined

671

by rule.

672

     c.  Have sufficient staff available, taking into account the

673

physical plant and firesafety features of the building, to assist

674

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

675

     d.  Adopt and follow policies and procedures that maximize

676

resident independence, dignity, choice, and decisionmaking to

677

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

678

moves due to changes in functional status are minimized or

679

avoided.

680

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

681

representative, designee, surrogate, guardian, or attorney in

682

fact to make a variety of personal choices, participate in

683

developing service plans, and share responsibility in

684

decisionmaking.

685

     f.  Implement the concept of managed risk.

686

     g. Provide, either directly or through contract, the

687

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

688

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

689

provide specialized training as defined by rule for facility

690

staff.

691

     5.4. Facilities licensed to provide extended congregate

692

care services are exempt from the criteria for continued

693

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

694

Facilities so licensed must shall adopt their own requirements

695

within guidelines for continued residency set forth by rule.

696

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

697

hour nursing supervision. Facilities licensed to provide extended

698

congregate care services must shall provide each resident with a

699

written copy of facility policies governing admission and

700

retention.

701

     6.5. The primary purpose of extended congregate care

702

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

703

option of remaining in a familiar setting from which they would

704

otherwise be disqualified for continued residency. A facility

705

licensed to provide extended congregate care services may also

706

admit an individual who exceeds the admission criteria for a

707

facility with a standard license, if the individual is determined

708

appropriate for admission to the extended congregate care

709

facility.

710

     7.6. Before admission of an individual to a facility

711

licensed to provide extended congregate care services, the

712

individual must undergo a medical examination as provided in s.

713

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

714

plan for the individual as provided in s. 429.26.

715

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

716

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

717

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

718

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

719

     9.8. Failure to provide extended congregate care services

720

may result in denial of extended congregate care license renewal.

721

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

722

consultation with the agency, shall prepare and submit to the

723

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

724

of Representatives, and the chairs of appropriate legislative

725

committees, a report on the status of, and recommendations

726

related to, extended congregate care services. The status report

727

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

728

information:

729

     a. A description of the facilities licensed to provide such

730

services, including total number of beds licensed under this

731

part.

732

     b. The number and characteristics of residents receiving

733

such services.

734

     c. The types of services rendered that could not be

735

provided through a standard license.

736

     d. An analysis of deficiencies cited during licensure

737

inspections.

738

     e. The number of residents who required extended congregate

739

care services at admission and the source of admission.

740

     f. Recommendations for statutory or regulatory changes.

741

     g. The availability of extended congregate care to state

742

clients residing in facilities licensed under this part and in

743

need of additional services, and recommendations for

744

appropriations to subsidize extended congregate care services for

745

such persons.

746

     h. Such other information as the department considers

747

appropriate.

748

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

749

facility that provides services beyond those authorized in

750

paragraph (a) and as specified in this paragraph.

751

     1. To obtain a In order for limited nursing services

752

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

753

the agency must first determine that all requirements established

754

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

755

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

756

designation may be made at the time of initial licensure or

757

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

758

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

759

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

760

of chapter 408. Existing

761

     2. Facilities applying for, and facilities currently

762

licensed qualifying to provide, limited nursing services must

763

shall have maintained a standard license and may not have been

764

subject to administrative sanctions that affect the health,

765

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

766

since initial licensure if the facility has been licensed for

767

less than 2 years.

768

     3.2. Facilities that are licensed to provide limited

769

nursing services shall maintain a written progress report on each

770

person who receives such nursing services, which report describes

771

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

772

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

773

registered nurse representing the agency shall visit such

774

facilities at least twice a year to monitor residents who are

775

receiving limited nursing services and to determine if the

776

facility is in compliance with applicable provisions of this

777

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

778

visits may be provided through contractual arrangements with

779

appropriate community agencies. A registered nurse shall also

780

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

781

     4.3. A person who receives limited nursing services under

782

this part must meet the admission criteria established by the

783

agency for assisted living facilities. If When a resident no

784

longer meets the admission criteria for a facility licensed under

785

this part, arrangements for relocating the person shall be made

786

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

787

licensed to provide extended congregate care services.

788

     Section 13.  Section 429.174, Florida Statutes, is amended

789

to read:

790

     429.174  Background screening; exemptions.--

791

     (1) The owner or administrator of an assisted living

792

facility must conduct level 1 background screening, as set forth

793

in chapter 435, on all employees hired on or after October 1,

794

1998, who perform personal services or who have access to

795

resident living areas as defined in s. 429.02(16). The agency may

796

exempt an individual from employment disqualification as set

797

forth in s. 435.07 chapter 435. However, such person may not be

798

employed or resume employment pending the granting of an

799

exemption or until all appeals have been resolved in favor of the

800

person screened. A person employed before October 1, 1998, who is

801

determined to have a disqualifying offense may continue

802

employment pending the outcome of an exemption request if that

803

request is made by October 1, 2009. Employees Such persons shall

804

be considered as having met the screening requirements this

805

requirement if:

806

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

807

requirements obtained to meet any professional license

808

requirements in this state is provided and accompanied, under

809

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

810

professional license and an affidavit of current compliance with

811

the background screening requirements.

812

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

813

continuously employed in the same type of occupation for which

814

the person is seeking employment without a breach in service

815

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

816

screening requirement which is no more than 2 years old is

817

provided. Proof of compliance shall be provided directly from one

818

employer or contractor to another, and not from the person

819

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

820

provided by the employer retaining documentation of the screening

821

to the person screened.

822

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

823

corporation or business entity or related corporation or business

824

entity that owns, operates, or manages more than one facility or

825

agency licensed under this chapter, and for whom a level 1

826

screening was conducted by the corporation or business entity as

827

a condition of initial or continued employment.

828

     (2) Level 1 screening as provided in chapter 435 is

829

required for all contracted workers who are expected to, or whose

830

responsibilities may require them to, provide personal services

831

to residents. The facility shall maintain verification that such

832

contracted workers have been screened pursuant to this section. A

833

contracted worker who does not provide personal services to

834

residents is not required to be screened pursuant to this section

835

but must sign in at the reception desk upon entering the

836

facility, wear an identification badge while on the premises, and

837

sign out before leaving the facility. The facility shall maintain

838

a log containing the information collected.

839

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

840

fees associated with obtaining the required screening. Payment

841

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

842

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

843

and level 2 screening. Facilities may reimburse employees or

844

contracted workers for these costs. The Department of Law

845

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

846

screening a rate sufficient to cover the costs of screening

847

pursuant to s. 943.053(3).

848

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

849

Statutes, is amended to read:

850

     429.255  Use of personnel; emergency care.--

851

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

852

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

853

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

854

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

855

administer medications to residents, take residents' vital signs,

856

manage individual weekly pill organizers for residents who self-

857

administer medication, give prepackaged enemas ordered by a

858

physician, observe residents, document observations on the

859

appropriate resident's record, report observations to the

860

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

861

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

862

attorney in fact to contract with a third party, provided

863

residents meet the criteria for appropriate placement as defined

864

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

865

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

866

licensed nurse or physician.

867

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

868

the facility and facility employees in facilities licensed under

869

this part shall exercise their professional responsibility to

870

observe residents, to document observations on the appropriate

871

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

872

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

873

Volunteers shall have the same obligations but shall report to a

874

facility employee who will make the appropriate notation in the

875

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

876

facility is shall be responsible for determining that the

877

resident receiving services is appropriate for residence in the

878

facility and for the provision of and quality of care and

879

services provided to the resident.

880

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

881

out their professional duties pursuant to part I of chapter 464

882

until emergency medical personnel assume responsibility for care.

883

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

884

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

885

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

886

that section, are amended to read:

887

     429.26  Appropriateness of placements; examinations of

888

residents.--

889

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

890

for determining the appropriateness of admission of an individual

891

to the facility and for determining the continued appropriateness

892

of residence of an individual in the facility. A determination

893

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

894

preferences of the resident, the care and services offered or

895

arranged for by the facility in accordance with facility policy,

896

and any limitations in law or rule related to admission criteria

897

or continued residency for the type of license held by the

898

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

899

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

900

consultation with and agreement from the resident or, if

901

applicable, the resident's representative or designee or the

902

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

903

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

904

or the Department of Children and Family Services, the

905

administrator must notify the appropriate contact person in the

906

applicable department.

907

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

908

who is employed by an assisted living facility to provide an

909

initial examination for admission purposes may not have financial

910

interest in the facility.

911

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

912

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

913

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

914

residents for whom they are providing nursing services ordered by

915

a physician, except administration of medication, and shall

916

document such assessment, including any substantial changes in a

917

resident's status which may necessitate relocation to a nursing

918

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

919

shall be maintained in the facility for inspection by the agency

920

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

921

applicable.

922

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

923

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

924

licensed nurse practitioner within 60 days before admission to

925

the facility. The person conducting an examination under this

926

subsection may not have financial interest in the facility. The

927

signed and completed medical examination report shall be

928

submitted to the owner or administrator of the facility who shall

929

use the information contained in the report therein to assist in

930

determining the determination of the appropriateness of the

931

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

932

develop a service plan for the resident. The medical examination

933

report and service plan shall become a permanent part of the

934

record of the resident at the facility and shall be made

935

available to the agency during inspection or upon request. An

936

assessment that has been completed through the Comprehensive

937

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

938

fulfills the requirements for a medical examination under this

939

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

940

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

941

examination has not been completed within 60 days before the

942

admission of the resident to the facility, medical personnel a

943

licensed physician, licensed physician assistant, or licensed

944

nurse practitioner shall examine the resident and complete a

945

medical examination form provided by the agency within 30 days

946

following the admission to the facility to enable the facility

947

owner or administrator to determine the appropriateness of the

948

admission. The medical examination form shall become a permanent

949

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

950

made available to the agency during inspection by the agency or

951

upon request.

952

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

953

the department or the Department of Children and Family Services

954

must be shall have been examined by medical personnel within 30

955

days before placement in the facility and recorded on a medical

956

examination form provided by the agency. The examination shall

957

include an assessment of the appropriateness of placement in a

958

facility. The findings of this examination shall be recorded on

959

the examination form provided by the agency. The completed form

960

shall accompany the resident and shall be submitted to the

961

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

962

a mental health resident, the Department of Children and Family

963

Services must provide documentation that the individual has been

964

assessed by a psychiatrist, clinical psychologist, clinical

965

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

966

supervised by one of these professionals, and determined to be

967

appropriate to reside in an assisted living facility. The

968

documentation must be in the facility within 30 days after the

969

mental health resident has been admitted to the facility. An

970

evaluation completed upon discharge from a state mental hospital

971

meets the requirements of this subsection related to

972

appropriateness for placement as a mental health resident

973

providing it was completed within 90 days prior to admission to

974

the facility. The applicable department shall provide to the

975

facility administrator any information about the resident that

976

would help the administrator meet his or her responsibilities

977

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

978

shall explain to the facility operator any special needs of the

979

resident and advise the operator whom to call should problems

980

arise. The applicable department shall advise and assist the

981

facility administrator where the special needs of residents who

982

are recipients of optional state supplementation require such

983

assistance.

984

     (3) A search of the Department of Law Enforcement's sexual

985

offender database for each prospective resident must be conducted

986

by the facility before admission or immediately after admission.

987

The facility must maintain verification that each resident has

988

been screened within the previous year. The information obtained

989

may be used by the facility to assess the needs of the resident

990

and the care and services offered or arranged by the facility in

991

accordance with this section. The information obtained may be

992

disclosed to other residents. The facility does not have to

993

rescreen a resident who is away from a facility for more than 45

994

days.

995

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

996

employed by or under contract with a facility shall at least

997

monthly, perform a nursing assessment of residents for whom they

998

are providing nursing services ordered by a physician, except

999

administration of medication, and shall document such assessment,

1000

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

1001

necessitate relocation to a nursing home, hospital, or

1002

specialized health care facility. The records must be maintained

1003

in the facility for inspection by the agency and shall be

1004

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

1005

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

1006

determine if the resident is competent to handle his or her

1007

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

1008

responsible person such as a resident representative or designee,

1009

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

1010

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

1011

difficulty handling his or her personal or financial affairs,

1012

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

1013

or administrator shall contact the resident's representative or

1014

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

1015

does not have family or a legal representative to make decisions

1016

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

1017

Florida Abuse Hotline. The facility must notify a licensed

1018

physician when a resident exhibits signs of dementia or cognitive

1019

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

1020

presence of an underlying physiological condition that may be

1021

contributing to such dementia or impairment. The notification

1022

must occur within 30 days after the acknowledgment of such signs

1023

by facility staff. If an underlying condition is determined to

1024

exist, the facility shall arrange, with the appropriate health

1025

care provider, the necessary care and services to treat the

1026

condition.

1027

     Section 16.  Subsections (3) through (8) of section 429.27,

1028

Florida Statutes, are renumbered as subsections (6) through (11),

1029

respectively, and subsections (1) and (2) of that section, are

1030

amended to read:

1031

     429.27  Property and personal affairs of residents.--

1032

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

1033

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

1034

roommate; and, whenever possible, unless the resident is

1035

adjudicated incompetent or incapacitated under state law,

1036

managing his or her own affairs.

1037

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

1038

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

1039

its owner, administrator, staff employees, or representatives any

1040

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

1041

resident or to make financial or health care decisions on behalf

1042

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

1043

any of such persons any authority or responsibility for the

1044

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

1045

necessary for the safe management of the facility or for the

1046

safety of the resident.

1047

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

1048

employee, or representative thereof, may not act as the

1049

resident's representative or designee, guardian, health care

1050

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

1051

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

1052

unless the person is a relative of the resident.

1053

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

1054

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

1055

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

1056

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

1057

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

1058

representative payee for a any resident must of the facility

1059

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

1060

twice the average monthly aggregate income or personal funds due

1061

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

1062

are received by a facility.

1063

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

1064

representative thereof who, is granted power of attorney for a

1065

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

1066

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

1067

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

1068

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

1069

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

1070

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

1071

principal and a licensed surety company. The bond shall be

1072

conditioned upon the faithful compliance of the facility with

1073

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

1074

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

1075

or misappropriation by a facility of funds held pursuant to this

1076

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

1077

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

1078

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

1079

cancellation or nonrenewal. Any facility owner, administrator, or

1080

staff, or representative thereof, who is granted power of

1081

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

1082

basis, be required to provide the resident with a written

1083

statement of any transaction made on behalf of the resident

1084

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

1085

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

1086

available for agency inspection.

1087

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

1088

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

1089

to read:

1090

     429.28  Resident bill of rights.--

1091

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

1092

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

1093

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

1094

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

1095

a facility shall have the right to:

1096

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

1097

termination of residency from the facility unless, for medical

1098

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

1099

emergency relocation to a facility providing a more skilled level

1100

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

1101

harmful or offensive to other residents. The notice must specify

1102

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

1103

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

1104

representative or designee, guardian, surrogate, or attorney in

1105

fact at the same time the notice is mailed to the resident.

1106

Notice must also be sent by regular mail, facsimile, or e-mail to

1107

the State Long-Term Care Ombudsman Program within 5 business days

1108

after being mailed to the resident. The ombudsman program shall

1109

incorporate the information received in their annual report,

1110

including the number and reasons for relocation or termination of

1111

facility residents, type and size of facilities, and other

1112

relevant information, which shall be submitted to the Governor,

1113

the President of the Senate, and the Speaker of the House of

1114

Representatives. In the case of a resident who has been

1115

adjudicated mentally incapacitated, the guardian shall be given

1116

at least 45 days' notice of a nonemergency relocation or

1117

residency termination. Reasons for relocation shall be set forth

1118

in writing. In order for a facility to terminate the residency of

1119

an individual without notice as provided in this paragraph

1120

herein, the facility must shall show good cause in a court of

1121

competent jurisdiction.

1122

     (l)  Present grievances and recommend changes in policies,

1123

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

1124

officials, or any other person without restraint, interference,

1125

coercion, discrimination, or reprisal. Each facility shall

1126

establish a written grievance procedure to facilitate the

1127

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

1128

minimum, maintaining a written record of each grievance, the

1129

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

1130

and reporting of grievances. Each facility shall transmit a copy

1131

of the written record on a weekly basis to the local ombudsman

1132

council by regular mail, facsimile, or e-mail. Each facility must

1133

accept grievances orally and may accept grievances in writing.

1134

The local ombudsman council shall maintain a record of all

1135

grievances received from each facility in the local area which

1136

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

1137

Long-Term Care Ombudsman pursuant to s. 400.0089. This right also

1138

includes access to ombudsman volunteers and advocates and the

1139

right to be a member of, to be active in, and to associate with

1140

advocacy or special interest groups.

1141

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

1142

general compliance with facility standards and compliance with

1143

residents' rights as a prerequisite to initial licensure or

1144

licensure renewal.

1145

     (b) In order to determine whether the facility is

1146

adequately protecting residents' rights, the agency's biennial

1147

survey shall include private informal conversations with a sample

1148

of residents and consultation with the ombudsman council in the

1149

planning and service area in which the facility is located to

1150

discuss residents' experiences within the facility.

1151

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

1152

conducted, the agency shall conduct at least one monitoring visit

1153

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

1154

class II violation, or more than three uncorrected class III

1155

violations.

1156

     (d) The agency may conduct periodic followup inspections as

1157

necessary to monitor the compliance of facilities with a history

1158

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

1159

the health, safety, or security of residents.

1160

     (e) The agency may conduct complaint investigations as

1161

warranted to investigate any allegations of noncompliance with

1162

requirements required under this part or rules adopted under this

1163

part.

1164

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

1165

Statutes, is amended to read:

1166

     429.294  Availability of facility records for investigation

1167

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

1168

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

1169

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

1170

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

1171

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

1172

400.145, shall constitute evidence of failure of that party to

1173

comply with good faith discovery requirements and shall waive the

1174

good faith certificate and presuit notice requirements under this

1175

part by the requesting party.

1176

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

1177

read:

1178

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

1179

requirements of s. 408.811:,

1180

     (1) Any duly designated officer or employee of the

1181

department, the Department of Children and Family Services, the

1182

Medicaid Fraud Control Unit of the Office of the Attorney

1183

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

1184

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

1185

right to enter unannounced upon and into the premises of any

1186

facility licensed pursuant to this part in order to determine the

1187

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

1188

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

1189

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

1190

advocacy councils may be used by the agency in investigations

1191

involving violations of regulatory standards.

1192

     (2) Every 24 months the agency shall conduct at least one

1193

unannounced inspection to determine compliance with this chapter

1194

and related rules, including minimum standards of quality and

1195

adequacy of care and the rights of residents. Two additional

1196

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

1197

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

1198

more class II deficiencies arising from separate surveys or

1199

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

1200

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

1201

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

1202

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

1203

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

1204

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

1205

verify through subsequent inspections that any deficiency

1206

identified during an inspection is corrected. However, the agency

1207

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

1208

unrelated to resident rights or resident care without

1209

reinspecting the facility if adequate written documentation has

1210

been received from the facility which provides assurance that the

1211

deficiency has been corrected.

1212

     Section 20.  Present paragraphs (k) and (l) of subsection

1213

(1) of section 429.41, Florida Statutes, are redesignated as

1214

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

1215

added to that subsection, to read:

1216

     429.41  Rules establishing standards.--

1217

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

1218

published and enforced pursuant to this section shall include

1219

criteria by which a reasonable and consistent quality of resident

1220

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

1221

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

1222

safe and sanitary environment that is residential and

1223

noninstitutional in design or nature. It is further intended that

1224

reasonable efforts be made to accommodate the needs and

1225

preferences of residents to enhance the quality of life in a

1226

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

1227

adopt rules to administer the requirements of part II of chapter

1228

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

1229

highest quality of resident care accommodating the needs and

1230

preferences of residents, the department, in consultation with

1231

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

1232

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

1233

procedures to administer this part, which must include reasonable

1234

and fair minimum standards in relation to:

1235

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

1236

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

1237

for a resident receiving nursing services ordered by a physician,

1238

except administration of medication, the plan must be reviewed

1239

and updated quarterly and whenever a resident experiences a

1240

significant change in condition.

1241

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

1242

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

1243

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

1244

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

1245

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

1246

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

1247

this part, any two of the following documents that include the

1248

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

1249

applicant may be accepted by the agency as proof that the

1250

licensee or applicant resides in the adult family care home:

1251

     (a) Homestead exemption documentation;

1252

     (b) Lease or rental agreement accompanied by a

1253

corresponding utility bill; or

1254

     (c) Personal identification issued by a state or federal

1255

agency.

1256

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

1257

Statutes, is amended to read:

1258

     429.67  Licensure.--

1259

     (4)  Upon receipt of a completed license application or

1260

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

1261

background screening as provided under chapter 435 on the adult

1262

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

1263

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

1264

person who provides personal services to residents or who have

1265

routine access to the adult family-care home.

1266

     (a)  Proof of compliance with level 1 screening standards

1267

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

1268

facility or professional licensure requirements of the agency or

1269

the Department of Health satisfies the requirements of this

1270

subsection. Such proof must be accompanied, under penalty of

1271

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

1272

and an affidavit of current compliance with the background

1273

screening requirements.

1274

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

1275

continuously employed in the same type of occupation for which

1276

the person is seeking employment without a breach in service that

1277

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

1278

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

1279

provided. Proof of compliance shall be provided directly from one

1280

employer or contractor to another, and not from the person

1281

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

1282

provided to the person screened by the employer retaining

1283

documentation of the screening.

1284

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

1285

Florida Statutes, to read:

1286

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

1287

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

1288

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

1289

following reasons:

1290

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

1291

or rents the home to live in the home.

1292

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

1293

429.73, Florida Statutes, is amended to read:

1294

     429.73  Rules and standards relating to adult family-care

1295

homes.--

1296

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

1297

adopt rules to administer the requirements of part II of chapter

1298

408. The department, in consultation with the Department of

1299

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

1300

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

1301

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

1302

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

1303

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

1304

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

1305

must include, but need not be limited to:

1306

     1.  Room and board.

1307

     2.  Assistance necessary to perform the activities of daily

1308

living.

1309

     3.  Assistance necessary to administer medication.

1310

     4.  Supervision of residents.

1311

     5. Health monitoring, including periodic assessments to

1312

determine if the resident is competent to handle his or her

1313

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

1314

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

1315

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

1316

     6.  Social and leisure activities.

1317

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

1318

Florida Statutes, are amended to read:

1319

     435.03  Level 1 screening standards.--

1320

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

1321

statute must not have been convicted of found guilty of,

1322

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

1323

contendere or guilty to, regardless of adjudication, to any

1324

offense prohibited under any of the following provisions of the

1325

Florida statutes or under any similar statute of another

1326

jurisdiction:

1327

     (a)  Section 393.135, relating to sexual misconduct with

1328

certain developmentally disabled clients and reporting of such

1329

sexual misconduct.

1330

     (b)  Section 394.4593, relating to sexual misconduct with

1331

certain mental health patients and reporting of such sexual

1332

misconduct.

1333

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

1334

exploitation of a vulnerable adult.

1335

     (d)  Section 782.04, relating to murder.

1336

     (e)  Section 782.07, relating to manslaughter, aggravated

1337

manslaughter of an elderly person or disabled adult, or

1338

aggravated manslaughter of a child.

1339

     (f)  Section 782.071, relating to vehicular homicide.

1340

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

1341

child by injury to the mother.

1342

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

1343

the offense was a minor.

1344

     (i)  Section 784.021, relating to aggravated assault.

1345

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

1346

the offense was a minor.

1347

     (k)  Section 784.045, relating to aggravated battery.

1348

     (l)  Section 787.01, relating to kidnapping.

1349

     (m)  Section 787.02, relating to false imprisonment.

1350

     (n)  Section 794.011, relating to sexual battery.

1351

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

1352

persons in familial or custodial authority.

1353

     (p)  Chapter 796, relating to prostitution.

1354

     (q)  Section 798.02, relating to lewd and lascivious

1355

behavior.

1356

     (r)  Chapter 800, relating to lewdness and indecent

1357

exposure.

1358

     (s)  Section 806.01, relating to arson.

1359

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

1360

crimes, if the offense was a felony.

1361

     (u)  Section 817.563, relating to fraudulent sale of

1362

controlled substances, only if the offense was a felony.

1363

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

1364

or neglect of an elderly person or disabled adult.

1365

     (w)  Section 825.1025, relating to lewd or lascivious

1366

offenses committed upon or in the presence of an elderly person

1367

or disabled adult.

1368

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

1369

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

1370

     (y)  Section 826.04, relating to incest.

1371

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

1372

child abuse, or neglect of a child.

1373

     (aa)  Section 827.04, relating to contributing to the

1374

delinquency or dependency of a child.

1375

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

1376

children.

1377

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

1378

child.

1379

     (dd)  Chapter 847, relating to obscene literature.

1380

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

1381

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

1382

involved in the offense was a minor.

1383

     (ff)  Section 916.1075, relating to sexual misconduct with

1384

certain forensic clients and reporting of such sexual misconduct.

1385

     (3)  Standards must also ensure that the person:

1386

     (a)  For employees and employers licensed or registered

1387

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

1388

and for employees and employers of developmental disabilities

1389

institutions as defined in s. 393.063, intermediate care

1390

facilities for the developmentally disabled as defined in s.

1391

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

1392

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

1393

or nolo contendere, regardless of adjudication, to offenses

1394

prohibited under any of the following statutes or under any

1395

similar statute of another jurisdiction: meets the requirements

1396

of this chapter.

1397

     1. Sections 409.920 and 409.9201, relating to Medicaid

1398

fraud.

1399

     2. Chapter 429, relating to assisted care communities.

1400

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

1401

negligence, if the offense is a felony.

1402

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

1403

a felony.

1404

     5. Section 817.034, relating to communications fraud.

1405

     6. Section 817.234, relating to fraudulent insurance

1406

claims.

1407

     7. Section 817.505, relating to patient brokering.

1408

     8. Section 817.568, relating to identification theft.

1409

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

1410

the offense is a felony.

1411

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

1412

831.31 relating to forgery, uttering, and counterfeiting.

1413

     (b)  Has not committed an act that constitutes domestic

1414

violence as defined in s. 741.28.

1415

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

1416

Florida Statutes, are amended to read:

1417

     435.04  Level 2 screening standards.--

1418

     (2)  The security background investigations under this

1419

section must ensure that no persons subject to the provisions of

1420

this section have been convicted found guilty of, regardless of

1421

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

1422

guilty to, regardless of adjudication, to any offense prohibited

1423

under any of the following provisions of the Florida statutes or

1424

under any similar statute of another jurisdiction:

1425

     (a)  Section 393.135, relating to sexual misconduct with

1426

certain developmentally disabled clients and reporting of such

1427

sexual misconduct.

1428

     (b)  Section 394.4593, relating to sexual misconduct with

1429

certain mental health patients and reporting of such sexual

1430

misconduct.

1431

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

1432

exploitation of aged persons or disabled adults.

1433

     (d)  Section 782.04, relating to murder.

1434

     (e)  Section 782.07, relating to manslaughter, aggravated

1435

manslaughter of an elderly person or disabled adult, or

1436

aggravated manslaughter of a child.

1437

     (f)  Section 782.071, relating to vehicular homicide.

1438

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

1439

child by injury to the mother.

1440

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

1441

the offense was a minor.

1442

     (i)  Section 784.021, relating to aggravated assault.

1443

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

1444

the offense was a minor.

1445

     (k)  Section 784.045, relating to aggravated battery.

1446

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

1447

commitment facility staff.

1448

     (m)  Section 787.01, relating to kidnapping.

1449

     (n)  Section 787.02, relating to false imprisonment.

1450

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

1451

removing a child beyond the state limits with criminal intent

1452

pending custody proceedings.

1453

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

1454

the state lines with criminal intent to avoid producing a child

1455

at a custody hearing or delivering the child to the designated

1456

person.

1457

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

1458

weapons within 1,000 feet of a school.

1459

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

1460

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

1461

school property.

1462

     (s)  Section 794.011, relating to sexual battery.

1463

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

1464

persons in familial or custodial authority.

1465

     (u)  Chapter 796, relating to prostitution.

1466

     (v)  Section 798.02, relating to lewd and lascivious

1467

behavior.

1468

     (w)  Chapter 800, relating to lewdness and indecent

1469

exposure.

1470

     (x)  Section 806.01, relating to arson.

1471

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

1472

crimes, if the offense is a felony.

1473

     (z)  Section 817.563, relating to fraudulent sale of

1474

controlled substances, only if the offense was a felony.

1475

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

1476

or neglect of an elderly person or disabled adult.

1477

     (bb)  Section 825.1025, relating to lewd or lascivious

1478

offenses committed upon or in the presence of an elderly person

1479

or disabled adult.

1480

     (cc)  Section 825.103, relating to exploitation of an

1481

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

1482

     (dd)  Section 826.04, relating to incest.

1483

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

1484

child abuse, or neglect of a child.

1485

     (ff)  Section 827.04, relating to contributing to the

1486

delinquency or dependency of a child.

1487

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

1488

children.

1489

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

1490

child.

1491

     (ii)  Section 843.01, relating to resisting arrest with

1492

violence.

1493

     (jj)  Section 843.025, relating to depriving a law

1494

enforcement, correctional, or correctional probation officer

1495

means of protection or communication.

1496

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

1497

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

1498

juvenile inmates in correctional institutions.

1499

     (mm)  Chapter 847, relating to obscene literature.

1500

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

1501

recruiting another to join a criminal gang.

1502

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

1503

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

1504

involved in the offense was a minor.

1505

     (pp)  Section 916.1075, relating to sexual misconduct with

1506

certain forensic clients and reporting of such sexual misconduct.

1507

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

1508

inhuman treatment on an inmate resulting in great bodily harm.

1509

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

1510

aiding an escaped prisoner.

1511

     (ss)  Section 944.47, relating to introduction of contraband

1512

into a correctional facility.

1513

     (tt)  Section 985.701, relating to sexual misconduct in

1514

juvenile justice programs.

1515

     (uu)  Section 985.711, relating to contraband introduced

1516

into detention facilities.

1517

     (4)  Standards must also ensure that the person:

1518

     (a)  For employees or employers licensed or registered

1519

pursuant to part II of chapter 408, and for employees and

1520

employers of developmental disabilities institutions as defined

1521

in s. 393.063, and mental health treatment facilities as defined

1522

in s. 394.455, has not been convicted of, or entered a plea of

1523

guilty or nolo contendere, regardless of adjudication, to

1524

offenses prohibited under any of the following statutes or under

1525

similar statutes of another jurisdiction: chapter 400 or chapter

1526

429, does not have a confirmed report of abuse, neglect, or

1527

exploitation as defined in s. 415.102(6), which has been

1528

uncontested or upheld under s. 415.103.

1529

     1. Sections 409.920 and 409.9201, relating to Medicaid

1530

fraud.

1531

     2. Chapter 429, relating to assisted care communities.

1532

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

1533

negligence, if the offense is a felony.

1534

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

1535

a felony.

1536

     5. Section 817.034, relating to communications fraud.

1537

     6. Section 817.234, relating to fraudulent insurance

1538

claims.

1539

     7. Section 817.505, relating to patient brokering.

1540

     8. Section 817.568, relating to identification theft.

1541

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

1542

the offense is a felony.

1543

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

1544

831.31 relating to forgery, uttering, and counterfeiting.

1545

     (b)  Has not committed an act that constitutes domestic

1546

violence as defined in s. 741.28 s. 741.30.

1547

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

1548

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

1549

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

1550

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

1551

430.80, Florida Statutes, is amended to read:

1552

     430.80  Implementation of a teaching nursing home pilot

1553

project.--

1554

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

1555

home licensee must, at a minimum:

1556

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

1557

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

1558

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

1559

include:

1560

     1.  Maintaining an escrow account consisting of cash or

1561

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

1562

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

1563

unexpired, irrevocable, nontransferable and nonassignable letter

1564

of credit issued by a any bank or savings association organized

1565

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

1566

savings association organized under the laws of the United States

1567

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

1568

branch office which is authorized to receive deposits in this

1569

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

1570

obligation of the facility to the claimant upon presentment of a

1571

final judgment indicating liability and awarding damages to be

1572

paid by the facility or upon presentment of a settlement

1573

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

1574

final judgment or settlement is a result of a liability claim

1575

against the facility.

1576

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

1577

Statutes, is amended to read:

1578

     651.118  Agency for Health Care Administration; certificates

1579

of need; sheltered beds; community beds.--

1580

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

1581

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

1582

400.141(15)(d).

1583

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