CS for CS for CS for SB 2216 First Engrossed (ntc)

20082216e1

A bill to be entitled

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

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

Family Services to obtain copies of driver's license files

maintained by the Department of Highway Safety and Motor

Vehicles for the purpose of conducting protective

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

search of the Department of Law Enforcement's sexual

offender database to be conducted on all nursing home

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

relating to unannounced inspections; amending s. 400.215,

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

home to submit to background screening; prohibiting

employees and contracted workers who do not meet

background screening requirements from being employed in a

nursing home; providing certain exceptions; deleting an

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

the agency to establish a fee schedule to cover the cost

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

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

health care facilities regulated by the Agency for Health

Care Administration to post certain information in the

facility; authorizing the agency to charge a fee to cover

production and distribution unless the information is

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

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

notice of unannounced agency inspections are subject to

suspension; providing a timeline and process for

correction of deficiencies; providing that the agency may

provide electronic access to documents; amending s.

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

abuse hotline relating to vulnerable adults to be

immediately transferred to the county sheriff's office;

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

Children and Family Services to file the petition to

determine incapacity in adult protection proceedings;

prohibiting the department from serving as the guardian or

providing legal counsel to the guardian; amending s.

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

Department of Children and Family Services relating to

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

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

remove the limitation that plans are required only in

assisted living facilities that have an extended

congregate care license; requiring that the agency develop

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

that license requirements for specialty licenses apply to

current licensees as well as applicants for an extended

congregate care and limited nursing license; conforming a

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

certain employees and contracted workers in assisted

living facilities to submit to background screening;

prohibiting employees and contracted workers who do not

meet background screening requirements from being employed

in an assisted living facility; providing certain

exceptions; requiring the person being screened to pay for

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

providing that the owner or administrator of an assisted

living facility is responsible for the services provided

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

prohibition on moving a resident; providing for the

development of a service plan for all residents; requiring

a search of the Department of Law Enforcement's sexual

offender database to be conducted on all residents of an

assisted living facility; requiring residents to be

periodically assessed for competency to handle personal

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

living facility personnel from making certain decisions

for a resident or acting as the resident's representative

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

notice of a resident's relocation or termination of

residency be in writing and a copy sent to specified

persons; requiring the State Long-Term Ombudsman Program

include information within their annual report to the

Governor and the Legislature; requiring facilities to have

a written grievance procedure that includes certain

information; requiring that grievances reported to the

local ombudsman council be included in a statewide

reporting system; revising provisions relating to agency

surveys to determine compliance with resident rights in

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

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

providing for unannounced inspections; providing for

additional 6-month inspections for certain violations;

providing for an additional fine for 6-month inspections;

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

assisted living facilities to have a service plan;

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

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

list of persons who must have a background screening in

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

providing that the failure of a adult family-care home

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

revocation, or suspension of a license; amending s.

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

to be periodically assessed for competency to handle

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

providing additional criminal offenses for screening

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 appropriation

110

and authorizing additional positions; providing an

111

effective date.

112

113

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

114

115

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

116

Statutes, is amended to read:

117

322.142 Color photographic or digital imaged licenses.--

118

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

119

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

120

and signature of the licensees, together with other data required

121

by the department for identification and retrieval. Reproductions

122

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

123

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

124

administrative purposes; for the issuance of duplicate licenses;

125

in response to law enforcement agency requests; to the Department

126

of State pursuant to an interagency agreement to facilitate

127

determinations of eligibility of voter registration applicants

128

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

129

to the Department of Revenue pursuant to an interagency agreement

130

for use in establishing paternity and establishing, modifying, or

131

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

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Department of Children and Family Services pursuant to an

133

interagency agreement to conduct protective investigations under

134

chapter 415; or to the Department of Financial Services pursuant

135

to an interagency agreement to facilitate the location of owners

136

of unclaimed property, the validation of unclaimed property

137

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

138

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

139

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

140

Florida Statutes, to read:

141

400.141 Administration and management of nursing home

142

facilities.--Every licensed facility shall comply with all

143

applicable standards and rules of the agency and shall:

144

(25) Conduct a search of the Department of Law

145

Enforcement's sexual offender database for each prospective

146

resident before admission or immediately after admission. A

147

facility must maintain verification that all residents have been

148

screened. The information obtained may be used by the facility to

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assess the needs of the resident and to provide adequate and

150

appropriate health care and protective and support services in

151

accordance with this part. The information obtained may be

152

disclosed to other residents. The facility does not have to

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rescreen a resident who is away from a facility for no more than

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45 days.

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156

Facilities that have been awarded a Gold Seal under the program

157

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

158

nursing assistant training as prescribed by federal regulations

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

160

program.

161

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

162

Statutes, is amended to read:

163

400.19 Right of entry and inspection.--

164

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

165

unannounced inspection to determine compliance by the licensee

166

with statutes, and related with rules promulgated under the

167

provisions of those statutes, governing minimum standards of

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construction, quality and adequacy of care, and rights of

169

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

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

171

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

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arising from separate surveys or investigations within a 60-day

173

period, or has had three or more substantiated complaints within

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

175

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

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

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

178

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

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

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Consumer Price Index, based on the 12 months immediately

181

preceding the change increase, to cover the cost of the

182

additional surveys. The agency shall verify through subsequent

183

inspection that any deficiency identified during inspection is

184

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

185

class III or class IV deficiency unrelated to resident rights or

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resident care without reinspecting the facility if adequate

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written documentation has been received from the facility, which

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provides assurance that the deficiency has been corrected. The

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giving or causing to be given of advance notice of such

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unannounced inspections by an employee of the agency to any

191

unauthorized person shall constitute cause for suspension of not

192

fewer than 5 working days according to the provisions of chapter

193

110.

194

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

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read:

196

400.215 Background Personnel screening requirement.--

197

(1) The agency shall require Background screening as

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provided in chapter 435 is required for all nursing home facility

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employees or prospective employees of facilities licensed under

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this part who are expected to, or whose responsibilities may

201

require them to:

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(a) Provide personal care or services to residents;

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(b) Have access to resident living areas; or

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property.

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(2) Background screening as provided in chapter 435 is

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required for all nursing home facility contracted workers who are

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expected to, or whose responsibilities may require them to,

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provide personal care or services to residents. The facility

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shall maintain verification that such contracted workers have

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been screened pursuant to this section. The facility may either

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obtain a copy of the qualifying screening results from the entity

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or receive an affidavit from the entity which specifies that a

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background screen has been performed on all contracted workers

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sent to the facility. Contracted workers who do not provide

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personal care or services to residents are not required to be

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screened pursuant to this section but must sign in at the

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reception desk or nurses' station upon entering the facility,

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wear an identification badge while on the premises, and sign out

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before leaving the facility. The nursing facility shall maintain

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a log containing the information collected.

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

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contracted workers shall comply with the requirements of s.

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435.05.

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

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facilities must have in their possession evidence that level 1

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screening under s. 435.03 has been completed before allowing an

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employee or contracted worker to begin employment in the facility

229

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

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information necessary for conducting level 1 background screening

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

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

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background screening shall be provided by the agency to the

234

requesting nursing facility.

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(b) Employees and contracted workers qualified under the

236

provisions of paragraph (a) who have not maintained continuous

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residency within the state for the 5 years immediately preceding

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the date of request for background screening must complete level

239

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

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

241

receipt of written findings evidencing the completion of level 2

242

screening. Contracted workers who are awaiting the completion of

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level 2 screening may work only under the direct and visual

244

supervision of persons who have met the screening requirements of

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

246

employees, or prospective employees, or contracted workers who

247

attest in writing under penalty of perjury that they meet the

248

residency requirement. To complete Completion of level 2

249

screening: shall require

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1. The employee or contracted worker shall prospective

251

employee to furnish to the nursing facility a full set of

252

fingerprints for conducting a federal criminal records check to

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enable a criminal background investigation to be conducted.

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2. The nursing facility shall submit the completed

255

fingerprint card to the agency.

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

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

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request to the Department of Law Enforcement, which is authorized

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to submit the fingerprints to the Federal Bureau of Investigation

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for a national criminal history records check.

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4. The results of the national criminal history records

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

263

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

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5. The agency shall notify the administrator of the

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requesting nursing facility or the administrator of any other

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requesting facility licensed under chapter 393, chapter 394,

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

268

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

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qualified under level 1 or level 2 screening.

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271

An employee or contracted worker prospective employee who has

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qualified under level 2 screening and has maintained such

273

continuous residency within the state is shall not be required to

274

complete a subsequent level 2 screening as a condition of

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employment at another facility.

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277

includes of background screening information which shall include

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

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Department of Law Enforcement shall timely provide to the agency,

280

electronically, the results of each statewide screening for

281

incorporation into the database. The agency shall, upon request

282

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

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by law to screen its employees or contracted workers applicants,

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

285

the qualifying or disqualifying status of the person employee or

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applicant named in the request.

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(d) Applicants and Employees, prospective employees, and

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contracted workers shall be excluded from employment pursuant to

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

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

291

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

292

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

293

disqualifying offense occurring after October 1, 1998, may

294

continue employment pending the outcome of an exemption request

295

if such request is made within 30 days of receipt of the results

296

of the background screening. An employee of a nursing facility,

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employed before October 1, 1998, who is determined to have a

298

disqualifying offense before October 1, 1998, but does not have a

299

disqualifying offense after that date, is not required to submit

300

an exemption request pursuant to s. 435.07 and may continue his

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or her employment.

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An employer is not required to rescreen a person continuously

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employed with the same employer after October 1, 1998, who has

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already been screened by that employer. Notwithstanding chapter

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435, the agency may not provide to the employer the results of a

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background screening for offenses occurring prior to October 1,

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1998, for persons employed before October 1, 1998.

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310

Notwithstanding chapter 435, the agency may not provide to the

311

employer the results of background screening for offenses

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occurring prior to October 1, 1998, for persons employed before

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October 1, 1998, except for an absolute disqualifying offense.

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For the purposes of this section, the term "absolute

315

disqualifying offense" means a felony offense pursuant to s.

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787.01(3)(a); s. 787.02(3)(a); s. 787.025, s. 796.03; s. 796.035;

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s. 800.04, except for crimes identified in ss. 800.04(7)(c) and

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(d); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135(2) and

319

(3); s. 847.0137(2) and (3); and s. 847.0138(2) and (3); s.

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847.0145; s. 796.045; or chapter 794. Notwithstanding s. 435.07,

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a person who has been convicted of, or entered a plea of guilty

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or nolo contendere, regardless of adjudication, to an absolute

323

disqualifying offense may not be granted an exemption from

324

disqualification from employment.

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

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for paying the fees associated with obtaining the required

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screening. Payment for the screening shall be submitted to the

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

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

330

reimburse employees for these costs. The Department of Law

331

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

332

screening a rate sufficient to cover the costs of such screening

333

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

334

reimburse nursing facilities for the cost of conducting

335

background screening as required by this section. This

336

reimbursement is will not be subject to any rate ceilings or

337

payment targets in the Medicaid Reimbursement plan.

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

339

(a) The agency may grant an exemption from disqualification

340

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

341

is subject to this section and who has not received a

342

professional license or certification from the Department of

343

Health.

344

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

345

board within the Department of Health, or that department itself

346

when there is no board, may grant an exemption from

347

disqualification to an employee, or prospective employee, or

348

contracted worker who is subject to this section and who has

349

received a professional license or certification from the

350

Department of Health or a regulatory board within that

351

department.

352

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

353

notwithstanding, Persons who have been screened and qualified as

354

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

355

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

356

attest to not having been convicted of a disqualifying offense

357

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

358

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

359

written verification of qualifying screening results from the

360

previous employer, contractor, or other entity that which caused

361

the such screening to be performed.

362

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

363

have authority to adopt rules to administer pursuant to the

364

Administrative Procedure Act to implement this section.

365

(7) All employees shall comply with the requirements of

366

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

367

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

368

to submit to rescreening if the nursing facility has in its

369

possession written evidence that the person has been screened and

370

qualified according to level 1 standards as specified in s.

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

372

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

373

in this section must provide to the employing nursing facility

374

written attestation under penalty of perjury that the employee

375

has not been convicted of a disqualifying offense in another

376

state or jurisdiction. All applicants hired on or after October

377

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

378

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

379

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

380

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

381

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

382

terminates the employee against whom the report was issued,

383

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

384

Department of Health or the agency for Health Care

385

Administration.

386

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

387

Florida Statutes, to read:

388

408.809 Background screening; prohibited offenses.--

389

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

390

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

391

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

392

carry out these screenings and for the schedule of fees.

393

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

394

Statutes, is amended to read:

395

408.810 Minimum licensure requirements.--In addition to the

396

licensure requirements specified in this part, authorizing

397

statutes, and applicable rules, each applicant and licensee must

398

comply with the requirements of this section in order to obtain

399

and maintain a license.

400

(5) Each licensee must:

401

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

402

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

403

immediate family or representative, if appropriate, of the right

404

to report:

405

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

406

reporting complaints to the agency must be provided to clients in

407

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

408

report a complaint regarding the services you receive, please

409

call toll-free (phone number)."

410

2. Abusive, neglectful, or exploitative practices. The

411

statewide toll-free telephone number for the central abuse

412

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

413

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

414

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

415

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

416

the toll-free telephone numbers.

417

(b) Each licensee shall Establish appropriate policies and

418

procedures for providing such notice to clients.

419

420

containing the names, addresses, and telephone numbers for the

421

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

422

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

423

Persons with Disabilities, the Florida Statewide Advocacy

424

Council, and the Medicaid Fraud Control Unit, along with a clear

425

description of the assistance to be expected from each. The

426

Statewide Public Guardianship Office and its website shall also

427

be listed. The agency may charge a fee for the cost of production

428

and distribution of the poster. However, providers may download

429

the poster, at no charge, from the agency's website.

430

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

431

read:

432

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

433

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

434

make or cause to be made any inspection or investigation deemed

435

necessary by the agency to determine the state of compliance with

436

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

437

of inspection extends to any business that the agency has reason

438

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

439

inspection of any business suspected of being operated without

440

the appropriate license may not be made without the permission of

441

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

442

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

443

this part, authorizing statutes, or applicable rules constitutes

444

permission for an appropriate inspection to verify the

445

information submitted on or in connection with the application.

446

(a) All inspections shall be unannounced, except as

447

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

448

advance notice of the unannounced inspection by an agency

449

employee to any unauthorized person shall, in accordance with

450

chapter 110, constitute cause for suspension of the employee for

451

at least 5 working days.

452

(b) Inspections for relicensure shall be conducted

453

biennially unless otherwise specified by authorizing statutes or

454

applicable rules.

455

456

investigation must be corrected within 30 days unless an

457

alternative timeframe is required or approved by the agency.

458

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

459

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

460

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

461

unless an alternative timeframe is required.

462

(2) Inspections conducted in conjunction with certification

463

may be accepted in lieu of a complete licensure inspection.

464

However, a licensure inspection may also be conducted to review

465

any licensure requirements that are not also requirements for

466

certification.

467

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

468

provide copies of all provider records required during an

469

inspection at no cost to the agency.

470

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

471

available upon request, records of all inspection reports

472

pertaining to that provider that have been filed by the agency

473

unless those reports are exempt from or contain information that

474

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

475

Constitution or is otherwise made confidential by law. Effective

476

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

477

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

478

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

479

ownership.

480

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

481

has completed a written application with intent to be admitted by

482

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

483

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

484

the requester a copy of the last inspection report pertaining to

485

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

486

accrediting organization if such report is used in lieu of a

487

licensure inspection.

488

489

part or authorizing statutes, the agency may provide electronic

490

access to information or documents.

491

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

492

Statutes, is amended to read:

493

415.103 Central abuse hotline.--

494

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

495

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

496

the central abuse hotline shall must determine if the report

497

requires an immediate onsite protective investigation.

498

(a) For reports requiring an immediate onsite protective

499

investigation, the central abuse hotline must immediately notify

500

the department's designated protective investigative district

501

staff responsible for protective investigations to ensure prompt

502

initiation of an onsite investigation.

503

(b) For reports not requiring an immediate onsite

504

protective investigation, the central abuse hotline must notify

505

the department's designated protective investigative district

506

staff responsible for protective investigations in sufficient

507

time to allow for an investigation to be commenced within 24

508

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

509

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

510

known information on any previous reports report concerning the a

511

subject of the present report or any pertinent information

512

relative to the present report or any noted earlier reports.

513

514

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

515

household member, the call shall be immediately transferred to

516

the appropriate county sheriff's office.

517

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

518

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

519

amended to read:

520

415.1051 Protective services interventions when capacity to

521

consent is lacking; nonemergencies; emergencies; orders;

522

limitations.--

523

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

524

department has reasonable cause to believe that a vulnerable

525

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

526

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

527

lacks the capacity to consent to protective services, the

528

department shall petition the court for an order authorizing the

529

provision of protective services.

530

(e) Continued protective services.--

531

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

532

authorizing the provision of protective services, the department

533

shall petition the court to determine whether:

534

a. Protective services are to will be continued with the

535

consent of the vulnerable adult pursuant to this subsection;

536

b. Protective services are to will be continued for the

537

vulnerable adult who lacks capacity;

538

c. Protective services are to will be discontinued; or

539

d. A petition for guardianship shall should be filed

540

pursuant to chapter 744.

541

2. If the court determines that a petition for guardianship

542

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

543

good cause shown, may order continued protective services until

544

it makes a determination regarding capacity.

545

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

546

vulnerable adult lacks capacity, the petition to determine

547

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

548

the petition is filed, the department may not be appointed

549

guardian and may not provide legal counsel for the guardian.

550

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

551

department has reasonable cause to believe that a vulnerable

552

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

553

death or serious physical injury to the vulnerable adult and that

554

the vulnerable adult lacks the capacity to consent to emergency

555

protective services, the department may take action under this

556

subsection. If the vulnerable adult has the capacity to consent

557

and refuses consent to emergency protective services, emergency

558

protective services may not be provided.

559

(g) Continued emergency protective services.--

560

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

561

authorizing the provision of emergency protective services, the

562

department shall petition the court to determine whether:

563

a. Emergency protective services are to will be continued

564

with the consent of the vulnerable adult;

565

b. Emergency protective services are to will be continued

566

for the vulnerable adult who lacks capacity;

567

c. Emergency protective services are to will be

568

discontinued; or

569

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

570

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

571

for good cause shown, the court may order continued emergency

572

protective services until a determination is made by the court.

573

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

574

vulnerable adult lacks capacity, the petition to determine

575

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

576

the petition is filed, the department may not be appointed

577

guardian and may not provide legal counsel for the guardian.

578

Section 10. Section 415.112, Florida Statutes, is amended

579

to read:

580

415.112 Rules for implementation of ss. 415.101-

581

415.113.--The department shall adopt promulgate rules to

582

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

583

implementation of ss. 415.101-415.113.

584

(1) Background screening of department employees and

585

employee applicants which includes a criminal records check and

586

drug testing of adult protective investigators and adult

587

protective investigator supervisors.

588

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

589

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

590

protective investigations.

591

(3) Confidentiality and retention of department records,

592

access to records, and record requests.

593

(4) Injunctions and other protective orders.

594

(5) The provision of emergency and nonemergency protective

595

services intervention.

596

(6) Agreements with law enforcement and other state

597

agencies.

598

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

599

limited to, diligent search, petitions, emergency removals,

600

capacity to consent, and adult protection teams.

601

(8) The legal and casework management of cases involving

602

protective supervision, protective orders, judicial reviews,

603

administrative reviews, case plans, and documentation

604

requirements.

605

(9) The coordination of casework with the following

606

agencies as appropriate to the individual situation: the Agency

607

for Health Care Administration, the Department of Elderly

608

Affairs, the Area Agency on Aging, the Nursing Home Diversion or

609

Medicaid Waiver Program provider, the Florida Senior Care

610

Provider, and other relevant agencies or organizations to develop

611

a plan that improves the prospects for safety of affected

612

residents and, if necessary, identifies alternative living

613

arrangements such as facilities licensed under part II of chapter

614

400 or chapter 429.

615

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

616

Statutes, is amended to read:

617

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

618

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

619

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

620

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

621

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

622

representing the facility, which addresses the unique physical

623

and psychosocial needs, abilities, and personal preferences of

624

each resident receiving extended congregate care services. The

625

plan must shall include a brief written description, in easily

626

understood language, of what services shall be provided, who

627

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

628

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

629

develop a service plan form for use by providers. The agency may

630

accept the community supported-living plan instead of a service

631

plan for mental health residents.

632

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

633

section 429.07, Florida Statutes, are amended to read:

634

429.07 License required; fee.--

635

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

636

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

637

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

638

more of the following categories of care: standard, extended

639

congregate care, limited nursing services, or limited mental

640

health.

641

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

642

facilities providing, directly or through contract, services

643

beyond those authorized in paragraph (a), including services

644

performed by persons licensed under acts performed pursuant to

645

part I of chapter 464 by persons licensed thereunder, and

646

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

647

otherwise would be disqualified from continued residence in a

648

facility licensed under this part.

649

1. To obtain an In order for extended congregate care

650

license services to be provided in a facility licensed under this

651

part, the agency must first determine that all requirements

652

established in law and rule are met and must specifically

653

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

654

provided and whether the designation applies to all or part of

655

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

656

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

657

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

658

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

659

accordance with part II of chapter 408. Existing

660

2. Facilities applying for, and facilities currently

661

licensed qualifying to provide, extended congregate care services

662

must have maintained a standard license and may not have been

663

subject to administrative sanctions during the previous 2 years,

664

or since initial licensure if the facility has been licensed for

665

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

666

a. A class I or class II violation;

667

b. Three or more repeat or recurring class III violations

668

of identical or similar resident care standards as specified in

669

rule from which a pattern of noncompliance is found by the

670

agency;

671

c. Three or more class III violations that were not

672

corrected in accordance with the corrective action plan approved

673

by the agency;

674

d. Violation of resident care standards which result in

675

requiring the facility resulting in a requirement to employ the

676

services of a consultant pharmacist or consultant dietitian;

677

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

678

another facility licensed under this part in which the applicant

679

for an extended congregate care license has at least 25 percent

680

ownership interest; or

681

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

682

II of chapter 408 or initiation of injunctive proceedings.

683

3.2. A facility that is Facilities that are licensed to

684

provide extended congregate care services must shall maintain a

685

written progress report on each person who receives such

686

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

687

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

688

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

689

appropriate designee, representing the agency shall visit the

690

facility such facilities at least quarterly to monitor residents

691

who are receiving extended congregate care services and to

692

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

693

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

694

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

695

survey. The monitoring visits may be provided through contractual

696

arrangements with appropriate community agencies. A registered

697

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

698

facility. The agency may waive one of the required yearly

699

monitoring visits for a facility that has been licensed for at

700

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

701

during the inspection, the registered nurse determines that

702

extended congregate care services are being provided

703

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

704

violations and no uncorrected class III violations. Before such

705

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

706

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

707

facility is located to determine if any complaints have been made

708

and substantiated about the quality of services or care. The

709

agency may not waive one of the required yearly monitoring visits

710

if complaints have been made and substantiated.

711

4.3. Facilities that are licensed to provide extended

712

congregate care services must shall:

713

a. Demonstrate the capability to meet unanticipated

714

resident service needs.

715

b. Offer a physical environment that promotes a homelike

716

setting, provides for resident privacy, promotes resident

717

independence, and allows sufficient congregate space as defined

718

by rule.

719

c. Have sufficient staff available, taking into account the

720

physical plant and firesafety features of the building, to assist

721

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

722

d. Adopt and follow policies and procedures that maximize

723

resident independence, dignity, choice, and decisionmaking to

724

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

725

moves due to changes in functional status are minimized or

726

avoided.

727

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

728

representative, designee, surrogate, guardian, or attorney in

729

fact to make a variety of personal choices, participate in

730

developing service plans, and share responsibility in

731

decisionmaking.

732

f. Implement the concept of managed risk.

733

g. Provide, either directly or through contract, the

734

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

735

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

736

provide specialized training as defined by rule for facility

737

staff.

738

5.4. Facilities licensed to provide extended congregate

739

care services are exempt from the criteria for continued

740

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

741

Facilities so licensed must shall adopt their own requirements

742

within guidelines for continued residency set forth by rule.

743

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

744

hour nursing supervision. Facilities licensed to provide extended

745

congregate care services must shall provide each resident with a

746

written copy of facility policies governing admission and

747

retention.

748

6.5. The primary purpose of extended congregate care

749

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

750

option of remaining in a familiar setting from which they would

751

otherwise be disqualified for continued residency. A facility

752

licensed to provide extended congregate care services may also

753

admit an individual who exceeds the admission criteria for a

754

facility with a standard license, if the individual is determined

755

appropriate for admission to the extended congregate care

756

facility.

757

7.6. Before admission of an individual to a facility

758

licensed to provide extended congregate care services, the

759

individual must undergo a medical examination as provided in s.

760

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

761

plan for the individual as provided in s. 429.26.

762

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

763

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

764

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

765

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

766

9.8. Failure to provide extended congregate care services

767

may result in denial of extended congregate care license renewal.

768

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

769

consultation with the agency, shall prepare and submit to the

770

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

771

of Representatives, and the chairs of appropriate legislative

772

committees, a report on the status of, and recommendations

773

related to, extended congregate care services. The status report

774

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

775

information:

776

a. A description of the facilities licensed to provide such

777

services, including total number of beds licensed under this

778

part.

779

b. The number and characteristics of residents receiving

780

such services.

781

c. The types of services rendered that could not be

782

provided through a standard license.

783

d. An analysis of deficiencies cited during licensure

784

inspections.

785

e. The number of residents who required extended congregate

786

care services at admission and the source of admission.

787

f. Recommendations for statutory or regulatory changes.

788

g. The availability of extended congregate care to state

789

clients residing in facilities licensed under this part and in

790

need of additional services, and recommendations for

791

appropriations to subsidize extended congregate care services for

792

such persons.

793

h. Such other information as the department considers

794

appropriate.

795

796

facility that provides services beyond those authorized in

797

paragraph (a) and as specified in this paragraph.

798

1. To obtain a In order for limited nursing services

799

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

800

the agency must first determine that all requirements established

801

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

802

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

803

designation may be made at the time of initial licensure or

804

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

805

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

806

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

807

of chapter 408. Existing

808

2. Facilities applying for, and facilities currently

809

licensed qualifying to provide, limited nursing services must

810

shall have maintained a standard license and may not have been

811

subject to administrative sanctions that affect the health,

812

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

813

since initial licensure if the facility has been licensed for

814

less than 2 years.

815

3.2. Facilities that are licensed to provide limited

816

nursing services shall maintain a written progress report on each

817

person who receives such nursing services, which report describes

818

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

819

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

820

registered nurse representing the agency shall visit such

821

facilities at least twice a year to monitor residents who are

822

receiving limited nursing services and to determine if the

823

facility is in compliance with applicable provisions of this

824

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

825

visits may be provided through contractual arrangements with

826

appropriate community agencies. A registered nurse shall also

827

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

828

4.3. A person who receives limited nursing services under

829

this part must meet the admission criteria established by the

830

agency for assisted living facilities. If When a resident no

831

longer meets the admission criteria for a facility licensed under

832

this part, arrangements for relocating the person shall be made

833

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

834

licensed to provide extended congregate care services.

835

Section 13. Section 429.174, Florida Statutes, is amended

836

to read:

837

429.174 Background screening; exemptions.--

838

(1) The owner or administrator of an assisted living

839

facility must conduct level 1 background screening, as set forth

840

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

841

1998, who perform personal services or who have access to

842

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

843

exempt an individual from employment disqualification as set

844

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

845

employed or resume employment pending the granting of an

846

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

847

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

848

determined to have a disqualifying offense occurring after

849

October 1, 1998, may continue employment pending the outcome of

850

an exemption request if such request is made within 30 days of

851

receipt of the results of the background screening. A person

852

employed before October 1, 1998, who is determined to have a

853

disqualifying offense before October 1, 1998, but does not have a

854

disqualifying offense after that date, is not required to submit

855

an exemption request pursuant to s. 435.07 and may continue his

856

or her employment. Employees Such persons shall be considered as

857

having met the screening requirements this requirement if:

858

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

859

requirements obtained to meet any professional license

860

requirements in this state is provided and accompanied, under

861

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

862

professional license and an affidavit of current compliance with

863

the background screening requirements.

864

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

865

continuously employed in the same type of occupation for which

866

the person is seeking employment without a breach in service

867

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

868

screening requirement which is no more than 2 years old is

869

provided. Proof of compliance shall be provided directly from one

870

employer or contractor to another, and not from the person

871

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

872

provided by the employer retaining documentation of the screening

873

to the person screened.

874

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

875

corporation or business entity or related corporation or business

876

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

877

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

878

screening was conducted by the corporation or business entity as

879

a condition of initial or continued employment.

880

881

An employer is not required to rescreen a person continuously

882

employed with the same employer after October 1, 1998, who has

883

already been screened by that employer. Notwithstanding chapter

884

435, the agency may not provide to the employer the results of a

885

background screening for offenses occurring prior to October 1,

886

1998, for persons employed before October 1, 1998.

887

888

Notwithstanding chapter 435, the agency may not provide to the

889

employer the results of background screening for offenses

890

occurring prior to October 1, 1998, for persons employed before

891

October 1, 1998, except for an absolute disqualifying offense.

892

For the purposes of this section, the term "absolute

893

disqualifying offense" means a felony offense pursuant to s.

894

787.01(3)(a); s. 787.02(3)(a); s. 787.025, s. 796.03; s. 796.035;

895

s. 800.04, except for crimes identified in ss. 800.04(7)(c) and

896

(d); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135(2) and

897

(3); s. 847.0137(2) and (3); and s. 847.0138(2) and (3); s.

898

847.0145; s. 796.045; or chapter 794. Notwithstanding s. 435.07,

899

a person who has been convicted of, or entered a plea of guilty

900

or nolo contendere, regardless of adjudication, to an absolute

901

disqualifying offense may not be granted an exemption from

902

disqualification from employment.

903

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

904

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

905

responsibilities may require them to, provide personal services

906

to residents. The facility shall maintain verification that such

907

contracted workers have been screened pursuant to this section.

908

The facility may either obtain a copy of the qualifying screening

909

results from the entity or receive an affidavit from the entity

910

which specifies that a background screen has been performed on

911

all contracted workers sent to the facility. A contracted worker

912

who does not provide personal services to residents is not

913

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

914

at the reception desk upon entering the facility, wear an

915

identification badge while on the premises, and sign out before

916

leaving the facility. The facility shall maintain a log

917

containing the information collected.

918

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

919

fees associated with obtaining the required screening. Payment

920

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

921

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

922

and level 2 screening. Facilities may reimburse employees or

923

contracted workers for these costs. The Department of Law

924

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

925

screening a rate sufficient to cover the costs of screening

926

pursuant to s. 943.053(3).

927

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

928

Statutes, is amended to read:

929

429.255 Use of personnel; emergency care.--

930

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

931

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

932

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

933

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

934

administer medications to residents, take residents' vital signs,

935

manage individual weekly pill organizers for residents who self-

936

administer medication, give prepackaged enemas ordered by a

937

physician, observe residents, document observations on the

938

appropriate resident's record, report observations to the

939

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

940

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

941

attorney in fact to contract with a third party, provided

942

residents meet the criteria for appropriate placement as defined

943

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

944

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

945

licensed nurse or physician.

946

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

947

the facility and facility employees in facilities licensed under

948

this part shall exercise their professional responsibility to

949

observe residents, to document observations on the appropriate

950

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

951

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

952

Licensed volunteers have the same obligations, but shall report

953

to a facility employee who shall make the appropriate notation in

954

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

955

the facility is shall be responsible for determining that the

956

resident receiving services is appropriate for residence in the

957

facility and for the provision of and quality of care and

958

services provided to the resident.

959

960

out their professional duties pursuant to part I of chapter 464

961

until emergency medical personnel assume responsibility for care.

962

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

963

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

964

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

965

that section, are amended to read:

966

429.26 Appropriateness of placements; examinations of

967

residents.--

968

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

969

for determining the appropriateness of admission of an individual

970

to the facility and for determining the continued appropriateness

971

of residence of an individual in the facility. A determination

972

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

973

preferences of the resident, the care and services offered or

974

arranged for by the facility in accordance with facility policy,

975

and any limitations in law or rule related to admission criteria

976

or continued residency for the type of license held by the

977

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

978

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

979

consultation with and agreement from the resident or, if

980

applicable, the resident's representative or designee or the

981

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

982

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

983

or the Department of Children and Family Services, the

984

administrator must notify the appropriate contact person in the

985

applicable department.

986

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

987

who is employed by an assisted living facility to provide an

988

initial examination for admission purposes may not have financial

989

interest in the facility.

990

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

991

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

992

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

993

residents for whom they are providing nursing services ordered by

994

a physician, except administration of medication, and shall

995

document such assessment, including any substantial changes in a

996

resident's status which may necessitate relocation to a nursing

997

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

998

shall be maintained in the facility for inspection by the agency

999

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

1000

applicable.

1001

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

1002

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

1003

licensed nurse practitioner within 60 days before admission to

1004

the facility. The person conducting an examination under this

1005

subsection may not have financial interest in the facility. The

1006

signed and completed medical examination report shall be

1007

submitted to the owner or administrator of the facility who shall

1008

use the information contained in the report therein to assist in

1009

determining the determination of the appropriateness of the

1010

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

1011

develop a service plan for the resident. The medical examination

1012

report and service plan shall become a permanent part of the

1013

record of the resident at the facility and shall be made

1014

available to the agency during inspection or upon request. An

1015

assessment that has been completed through the Comprehensive

1016

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

1017

fulfills the requirements for a medical examination under this

1018

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

1019

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

1020

examination has not been completed within 60 days before the

1021

admission of the resident to the facility, medical personnel a

1022

licensed physician, licensed physician assistant, or licensed

1023

nurse practitioner shall examine the resident and complete a

1024

medical examination form provided by the agency within 30 days

1025

following the admission to the facility to enable the facility

1026

owner or administrator to determine the appropriateness of the

1027

admission. The medical examination form shall become a permanent

1028

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

1029

made available to the agency during inspection by the agency or

1030

upon request.

1031

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

1032

the department or the Department of Children and Family Services

1033

must be shall have been examined by medical personnel within 30

1034

days before placement in the facility and recorded on a medical

1035

examination form provided by the agency. The examination shall

1036

include an assessment of the appropriateness of placement in a

1037

facility. The findings of this examination shall be recorded on

1038

the examination form provided by the agency. The completed form

1039

shall accompany the resident and shall be submitted to the

1040

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

1041

a mental health resident, the Department of Children and Family

1042

Services must provide documentation that the individual has been

1043

assessed by a psychiatrist, clinical psychologist, clinical

1044

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

1045

supervised by one of these professionals, and determined to be

1046

appropriate to reside in an assisted living facility. The

1047

documentation must be in the facility within 30 days after the

1048

mental health resident has been admitted to the facility. An

1049

evaluation completed upon discharge from a state mental hospital

1050

meets the requirements of this subsection related to

1051

appropriateness for placement as a mental health resident

1052

providing it was completed within 90 days prior to admission to

1053

the facility. The applicable department shall provide to the

1054

facility administrator any information about the resident that

1055

would help the administrator meet his or her responsibilities

1056

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

1057

shall explain to the facility operator any special needs of the

1058

resident and advise the operator whom to call should problems

1059

arise. The applicable department shall advise and assist the

1060

facility administrator where the special needs of residents who

1061

are recipients of optional state supplementation require such

1062

assistance.

1063

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

1064

offender database for each prospective resident must be conducted

1065

by the facility before admission or immediately after admission.

1066

The facility must maintain verification that all residents have

1067

been screened. The information obtained may be used by the

1068

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

1069

services offered or arranged by the facility in accordance with

1070

this section. The information obtained may be disclosed to other

1071

residents. The facility does not have to rescreen a resident who

1072

is away from a facility for not more than 45 days.

1073

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

1074

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

1075

monthly, perform a nursing assessment of residents for whom they

1076

are providing nursing services ordered by a physician, except

1077

administration of medication, and shall document such assessment,

1078

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

1079

necessitate relocation to a nursing home, hospital, or

1080

specialized health care facility. The records must be maintained

1081

in the facility for inspection by the agency and shall be

1082

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

1083

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

1084

determine if the resident is competent to handle his or her

1085

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

1086

person such as a resident representative or designee, guardian,

1087

surrogate, or attorney in fact is available to make decisions on

1088

behalf of the resident. If a resident is having difficulty

1089

handling his or her personal or financial affairs because of a

1090

decline in health or cognitive abilities, the owner or

1091

administrator shall contact the resident's representative or

1092

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

1093

does not have family or a legal representative to make decisions

1094

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

1095

Florida Abuse Hotline. The facility must notify a licensed

1096

physician when a resident exhibits signs of dementia or cognitive

1097

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

1098

presence of an underlying physiological condition that may be

1099

contributing to such dementia or impairment. The notification

1100

must occur within 30 days after the acknowledgment of such signs

1101

by facility staff. If an underlying condition is determined to

1102

exist, the facility shall arrange, with the appropriate health

1103

care provider, the necessary care and services to treat the

1104

condition.

1105

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

1106

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

1107

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

1108

amended to read:

1109

429.27 Property and personal affairs of residents.--

1110

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

1111

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

1112

roommate; and, whenever possible, unless the resident is

1113

adjudicated incompetent or incapacitated under state law,

1114

managing his or her own affairs.

1115

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

1116

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

1117

its owner, administrator, staff employees, or representatives any

1118

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

1119

resident or to make financial or health care decisions on behalf

1120

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

1121

any of such persons any authority or responsibility for the

1122

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

1123

necessary for the safe management of the facility or for the

1124

safety of the resident.

1125

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

1126

employee, or representative thereof, may not act as the

1127

resident's representative or designee, guardian, health care

1128

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

1129

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

1130

unless the person is a relative of the resident.

1131

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

1132

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

1133

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

1134

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

1135

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

1136

representative payee for a any resident must of the facility

1137

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

1138

twice the average monthly aggregate income or personal funds due

1139

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

1140

are received by a facility.

1141

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

1142

representative thereof who, is granted power of attorney for a

1143

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

1144

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

1145

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

1146

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

1147

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

1148

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

1149

principal and a licensed surety company. The bond shall be

1150

conditioned upon the faithful compliance of the facility with

1151

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

1152

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

1153

or misappropriation by a facility of funds held pursuant to this

1154

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

1155

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

1156

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

1157

cancellation or nonrenewal. Any facility owner, administrator, or

1158

staff, or representative thereof, who is granted power of

1159

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

1160

basis, be required to provide the resident with a written

1161

statement of any transaction made on behalf of the resident

1162

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

1163

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

1164

available for agency inspection.

1165

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

1166

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

1167

to read:

1168

429.28 Resident bill of rights.--

1169

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

1170

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

1171

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

1172

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

1173

a facility shall have the right to:

1174

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

1175

termination of residency from the facility unless, for medical

1176

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

1177

emergency relocation to a facility providing a more skilled level

1178

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

1179

harmful or offensive to other residents. The notice must specify

1180

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

1181

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

1182

representative or designee, guardian, surrogate, and attorney in

1183

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

1184

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

1185

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

1186

after being mailed to the resident. The ombudsman program shall

1187

incorporate the information received in their annual report,

1188

including the number and reasons for relocation or termination of

1189

facility residents, type and size of facilities, and other

1190

relevant information, which shall be submitted to the Governor,

1191

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

1192

Representatives. In the case of a resident who has been

1193

adjudicated mentally incapacitated, the guardian shall be given

1194

at least 45 days' notice of a nonemergency relocation or

1195

residency termination. Reasons for relocation shall be set forth

1196

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

1197

an individual without notice as provided in this paragraph

1198

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

1199

competent jurisdiction.

1200

(l) Present grievances and recommend changes in policies,

1201

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

1202

officials, or any other person without restraint, interference,

1203

coercion, discrimination, or reprisal. Each facility shall

1204

establish a written grievance procedure to facilitate the

1205

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

1206

minimum, maintaining a written record of each grievance, the

1207

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

1208

and reporting of grievances. Each facility shall transmit a copy

1209

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

1210

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

1211

accept grievances orally and may accept grievances in writing.

1212

The local ombudsman council shall maintain a record of all

1213

grievances received from each facility in the local area which

1214

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

1215

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

1216

includes access to ombudsman volunteers and advocates and the

1217

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

1218

advocacy or special interest groups.

1219

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

1220

general compliance with facility standards and compliance with

1221

residents' rights as a prerequisite to initial licensure or

1222

licensure renewal.

1223

(b) In order to determine whether the facility is

1224

adequately protecting residents' rights, the agency's biennial

1225

survey shall include private informal conversations with a sample

1226

of residents and consultation with the ombudsman council in the

1227

planning and service area in which the facility is located to

1228

discuss residents' experiences within the facility.

1229

1230

conducted, the agency shall conduct at least one monitoring visit

1231

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

1232

class II violation, or more than three uncorrected class III

1233

violations.

1234

(d) The agency may conduct periodic followup inspections as

1235

necessary to monitor the compliance of facilities with a history

1236

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

1237

the health, safety, or security of residents.

1238

(e) The agency may conduct complaint investigations as

1239

warranted to investigate any allegations of noncompliance with

1240

requirements required under this part or rules adopted under this

1241

part.

1242

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

1243

Statutes, is amended to read:

1244

429.294 Availability of facility records for investigation

1245

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

1246

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

1247

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

1248

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

1249

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

1250

400.145, shall constitute evidence of failure of that party to

1251

comply with good faith discovery requirements and shall waive the

1252

good faith certificate and presuit notice requirements under this

1253

part by the requesting party.

1254

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

1255

read:

1256

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

1257

requirements of s. 408.811:,

1258

(1) Any duly designated officer or employee of the

1259

department, the Department of Children and Family Services, the

1260

Medicaid Fraud Control Unit of the Office of the Attorney

1261

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

1262

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

1263

right to enter unannounced upon and into the premises of any

1264

facility licensed pursuant to this part in order to determine the

1265

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

1266

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

1267

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

1268

advocacy councils may be used by the agency in investigations

1269

involving violations of regulatory standards.

1270

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

1271

unannounced inspection to determine compliance with this chapter

1272

and related rules, including minimum standards of quality and

1273

adequacy of care and the rights of residents. Two additional

1274

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

1275

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

1276

more class II deficiencies arising from separate surveys or

1277

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

1278

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

1279

fine of $69 per bed for each of the additional two surveys, not

1280

to exceed $12,000 each. The agency shall adjust this fine by the

1281

change in the Consumer Price Index, based on the 12 months

1282

immediately preceding the change, to cover the cost of the

1283

additional two surveys. The agency shall verify through

1284

subsequent inspections that any deficiency identified during an

1285

inspection is corrected. However, the agency may verify the

1286

correction of a class III or class IV deficiency unrelated to

1287

resident rights or resident care without reinspecting the

1288

facility if adequate written documentation has been received from

1289

the facility which provides assurance that the deficiency has

1290

been corrected.

1291

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

1292

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

1293

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

1294

added to that subsection, to read:

1295

429.41 Rules establishing standards.--

1296

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

1297

published and enforced pursuant to this section shall include

1298

criteria by which a reasonable and consistent quality of resident

1299

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

1300

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

1301

safe and sanitary environment that is residential and

1302

noninstitutional in design or nature. It is further intended that

1303

reasonable efforts be made to accommodate the needs and

1304

preferences of residents to enhance the quality of life in a

1305

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

1306

adopt rules to administer the requirements of part II of chapter

1307

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

1308

highest quality of resident care accommodating the needs and

1309

preferences of residents, the department, in consultation with

1310

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

1311

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

1312

procedures to administer this part, which must include reasonable

1313

and fair minimum standards in relation to:

1314

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

1315

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

1316

for a resident receiving nursing services ordered by a physician,

1317

except administration of medication, the plan must be reviewed

1318

and updated quarterly and whenever a resident experiences a

1319

significant change in condition.

1320

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

1321

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

1322

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

1323

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

1324

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

1325

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

1326

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

1327

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

1328

applicant may be accepted by the agency as proof that the

1329

licensee or applicant resides in the adult family care home:

1330

(a) Homestead exemption documentation;

1331

(b) Lease or rental agreement accompanied by a

1332

corresponding utility bill; or

1333

1334

agency.

1335

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

1336

Statutes, is amended to read:

1337

429.67 Licensure.--

1338

(4) Upon receipt of a completed license application or

1339

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

1340

background screening as provided under chapter 435 on the adult

1341

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

1342

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

1343

person who provides personal services to residents or who have

1344

routine access to the adult family-care home.

1345

(a) Proof of compliance with level 1 screening standards

1346

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

1347

facility or professional licensure requirements of the agency or

1348

the Department of Health satisfies the requirements of this

1349

subsection. Such proof must be accompanied, under penalty of

1350

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

1351

and an affidavit of current compliance with the background

1352

screening requirements.

1353

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

1354

continuously employed in the same type of occupation for which

1355

the person is seeking employment without a breach in service that

1356

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

1357

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

1358

provided. Proof of compliance shall be provided directly from one

1359

employer or contractor to another, and not from the person

1360

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

1361

provided to the person screened by the employer retaining

1362

documentation of the screening.

1363

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

1364

Florida Statutes, to read:

1365

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

1366

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

1367

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

1368

following reasons:

1369

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

1370

or rents the home to live in the home.

1371

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

1372

429.73, Florida Statutes, is amended to read:

1373

429.73 Rules and standards relating to adult family-care

1374

homes.--

1375

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

1376

adopt rules to administer the requirements of part II of chapter

1377

408. The department, in consultation with the Department of

1378

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

1379

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

1380

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

1381

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

1382

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

1383

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

1384

must include, but need not be limited to:

1385

1. Room and board.

1386

2. Assistance necessary to perform the activities of daily

1387

living.

1388

3. Assistance necessary to administer medication.

1389

4. Supervision of residents.

1390

5. Health monitoring, including periodic assessments to

1391

determine if the resident is competent to handle his or her

1392

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

1393

person such as a guardian, surrogate, or attorney in fact is

1394

available to make decisions on behalf of the resident.

1395

6. Social and leisure activities.

1396

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

1397

Florida Statutes, are amended to read:

1398

435.03 Level 1 screening standards.--

1399

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

1400

statute must not have been convicted of found guilty of,

1401

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

1402

contendere or guilty to, regardless of adjudication, to any

1403

offense prohibited under any of the following provisions of the

1404

Florida statutes or under any similar statute of another

1405

jurisdiction:

1406

(a) Section 393.135, relating to sexual misconduct with

1407

certain developmentally disabled clients and reporting of such

1408

sexual misconduct.

1409

(b) Section 394.4593, relating to sexual misconduct with

1410

certain mental health patients and reporting of such sexual

1411

misconduct.

1412

1413

exploitation of a vulnerable adult.

1414

(d) Section 782.04, relating to murder.

1415

(e) Section 782.07, relating to manslaughter, aggravated

1416

manslaughter of an elderly person or disabled adult, or

1417

aggravated manslaughter of a child.

1418

(f) Section 782.071, relating to vehicular homicide.

1419

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

1420

child by injury to the mother.

1421

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

1422

the offense was a minor.

1423

(i) Section 784.021, relating to aggravated assault.

1424

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

1425

the offense was a minor.

1426

(k) Section 784.045, relating to aggravated battery.

1427

(l) Section 787.01, relating to kidnapping.

1428

(m) Section 787.02, relating to false imprisonment.

1429

(n) Section 794.011, relating to sexual battery.

1430

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

1431

persons in familial or custodial authority.

1432

(p) Chapter 796, relating to prostitution.

1433

(q) Section 798.02, relating to lewd and lascivious

1434

behavior.

1435

(r) Chapter 800, relating to lewdness and indecent

1436

exposure.

1437

(s) Section 806.01, relating to arson.

1438

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

1439

crimes, if the offense was a felony.

1440

(u) Section 817.563, relating to fraudulent sale of

1441

controlled substances, only if the offense was a felony.

1442

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

1443

or neglect of an elderly person or disabled adult.

1444

(w) Section 825.1025, relating to lewd or lascivious

1445

offenses committed upon or in the presence of an elderly person

1446

or disabled adult.

1447

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

1448

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

1449

(y) Section 826.04, relating to incest.

1450

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

1451

child abuse, or neglect of a child.

1452

(aa) Section 827.04, relating to contributing to the

1453

delinquency or dependency of a child.

1454

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

1455

children.

1456

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

1457

child.

1458

(dd) Chapter 847, relating to obscene literature.

1459

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

1460

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

1461

involved in the offense was a minor.

1462

(ff) Section 916.1075, relating to sexual misconduct with

1463

certain forensic clients and reporting of such sexual misconduct.

1464

(3) Standards must also ensure that the person:

1465

(a) Has not been convicted of, or entered a plea of guilty

1466

or nolo contendere to, regardless of adjudication, offenses

1467

prohibited under any of the following statutes or under any

1468

similar statute of another jurisdiction, if he or she is an

1469

employee or employer For employees and employers licensed or

1470

registered pursuant to chapter 393, chapter 400, part II of

1471

chapter 408, or chapter 429, or an employee or employer at a and

1472

for employees and employers of developmental disabilities

1473

institutions as defined in s. 393.063, intermediate care

1474

facilities for the developmentally disabled as defined in s.

1475

400.960, and mental health treatment facility facilities as

1476

defined in s. 394.455, meets the requirements of this chapter.

1477

1. Sections 409.920 and 409.9201, relating to Medicaid

1478

fraud.

1479

2. Chapter 429, relating to assisted care communities.

1480

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

1481

negligence, if the offense is a felony.

1482

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

1483

a felony.

1484

5. Section 817.034, relating to communications fraud.

1485

6. Section 817.234, relating to fraudulent insurance

1486

claims.

1487

7. Section 817.505, relating to patient brokering.

1488

8. Section 817.568, relating to identification theft.

1489

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

1490

the offense is a felony.

1491

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

1492

831.31 relating to forgery, uttering, and counterfeiting.

1493

(b) Has not committed an act that constitutes domestic

1494

violence as defined in s. 741.28.

1495

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

1496

Florida Statutes, are amended to read:

1497

435.04 Level 2 screening standards.--

1498

(2) The security background investigations under this

1499

section must ensure that no persons subject to the provisions of

1500

this section have been convicted found guilty of, regardless of

1501

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

1502

guilty to, regardless of adjudication, to any offense prohibited

1503

under any of the following provisions of the Florida statutes or

1504

under any similar statute of another jurisdiction:

1505

(a) Section 393.135, relating to sexual misconduct with

1506

certain developmentally disabled clients and reporting of such

1507

sexual misconduct.

1508

(b) Section 394.4593, relating to sexual misconduct with

1509

certain mental health patients and reporting of such sexual

1510

misconduct.

1511

1512

exploitation of aged persons or disabled adults.

1513

(d) Section 782.04, relating to murder.

1514

(e) Section 782.07, relating to manslaughter, aggravated

1515

manslaughter of an elderly person or disabled adult, or

1516

aggravated manslaughter of a child.

1517

(f) Section 782.071, relating to vehicular homicide.

1518

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

1519

child by injury to the mother.

1520

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

1521

the offense was a minor.

1522

(i) Section 784.021, relating to aggravated assault.

1523

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

1524

the offense was a minor.

1525

(k) Section 784.045, relating to aggravated battery.

1526

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

1527

commitment facility staff.

1528

(m) Section 787.01, relating to kidnapping.

1529

(n) Section 787.02, relating to false imprisonment.

1530

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

1531

removing a child beyond the state limits with criminal intent

1532

pending custody proceedings.

1533

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

1534

the state lines with criminal intent to avoid producing a child

1535

at a custody hearing or delivering the child to the designated

1536

person.

1537

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

1538

weapons within 1,000 feet of a school.

1539

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

1540

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

1541

school property.

1542

(s) Section 794.011, relating to sexual battery.

1543

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

1544

persons in familial or custodial authority.

1545

(u) Chapter 796, relating to prostitution.

1546

(v) Section 798.02, relating to lewd and lascivious

1547

behavior.

1548

(w) Chapter 800, relating to lewdness and indecent

1549

exposure.

1550

(x) Section 806.01, relating to arson.

1551

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

1552

crimes, if the offense is a felony.

1553

(z) Section 817.563, relating to fraudulent sale of

1554

controlled substances, only if the offense was a felony.

1555

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

1556

or neglect of an elderly person or disabled adult.

1557

(bb) Section 825.1025, relating to lewd or lascivious

1558

offenses committed upon or in the presence of an elderly person

1559

or disabled adult.

1560

(cc) Section 825.103, relating to exploitation of an

1561

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

1562

(dd) Section 826.04, relating to incest.

1563

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

1564

child abuse, or neglect of a child.

1565

(ff) Section 827.04, relating to contributing to the

1566

delinquency or dependency of a child.

1567

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

1568

children.

1569

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

1570

child.

1571

(ii) Section 843.01, relating to resisting arrest with

1572

violence.

1573

(jj) Section 843.025, relating to depriving a law

1574

enforcement, correctional, or correctional probation officer

1575

means of protection or communication.

1576

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

1577

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

1578

juvenile inmates in correctional institutions.

1579

(mm) Chapter 847, relating to obscene literature.

1580

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

1581

recruiting another to join a criminal gang.

1582

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

1583

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

1584

involved in the offense was a minor.

1585

(pp) Section 916.1075, relating to sexual misconduct with

1586

certain forensic clients and reporting of such sexual misconduct.

1587

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

1588

inhuman treatment on an inmate resulting in great bodily harm.

1589

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

1590

aiding an escaped prisoner.

1591

(ss) Section 944.47, relating to introduction of contraband

1592

into a correctional facility.

1593

(tt) Section 985.701, relating to sexual misconduct in

1594

juvenile justice programs.

1595

(uu) Section 985.711, relating to contraband introduced

1596

into detention facilities.

1597

(4) Standards must also ensure that the person:

1598

(a) Has not been convicted of, or entered a plea of guilty

1599

or nolo contendere to, regardless of adjudication, offenses

1600

prohibited under any of the following statutes or under any

1601

similar statute of another jurisdiction, if he or she is an

1602

employee or employer For employees or employers licensed or

1603

registered pursuant to chapter 393, chapter 400, part II of

1604

chapter 408, or chapter 429, or an employee or employer at a

1605

mental health treatment facility as defined in s. 394.455 does

1606

not have a confirmed report of abuse, neglect, or exploitation as

1607

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

1608

under s. 415.103.

1609

1. Sections 409.920 and 409.9201, relating to Medicaid

1610

fraud.

1611

2. Chapter 429, relating to assisted care communities.

1612

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

1613

negligence, if the offense is a felony.

1614

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

1615

a felony.

1616

5. Section 817.034, relating to communications fraud.

1617

6. Section 817.234, relating to fraudulent insurance

1618

claims.

1619

7. Section 817.505, relating to patient brokering.

1620

8. Section 817.568, relating to identification theft.

1621

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

1622

the offense is a felony.

1623

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

1624

831.31 relating to forgery, uttering, and counterfeiting.

1625

(b) Has not committed an act that constitutes domestic

1626

violence as defined in s. 741.28 s. 741.30.

1627

1628

exploitation which has been uncontested or upheld under s.

1629

415.103, if the person is an employee of a developmental

1630

disabilities institution as defined in s. 393.063.

1631

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

1632

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

1633

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

1634

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

1635

430.80, Florida Statutes, is amended to read:

1636

430.80 Implementation of a teaching nursing home pilot

1637

project.--

1638

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

1639

home licensee must, at a minimum:

1640

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

1641

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

1642

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

1643

include:

1644

1. Maintaining an escrow account consisting of cash or

1645

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

1646

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

1647

unexpired, irrevocable, nontransferable and nonassignable letter

1648

of credit issued by a any bank or savings association organized

1649

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

1650

savings association organized under the laws of the United States

1651

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

1652

branch office which is authorized to receive deposits in this

1653

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

1654

obligation of the facility to the claimant upon presentment of a

1655

final judgment indicating liability and awarding damages to be

1656

paid by the facility or upon presentment of a settlement

1657

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

1658

final judgment or settlement is a result of a liability claim

1659

against the facility.

1660

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

1661

Statutes, is amended to read:

1662

651.118 Agency for Health Care Administration; certificates

1663

of need; sheltered beds; community beds.--

1664

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

1665

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

1666

400.141(15)(d).

1667

Section 30. The sum of $391,768 is appropriated to the

1668

Agency for Health Care Administration from the Health Care Trust

1669

Fund for the 2008-2009 fiscal year, and 8.5 full-time equivalent

1670

positions along with an associated salary rate of 295,840 are

1671

authorized for the purpose of implementing the provisions of this

1672

act.

1673

Section 31. This act shall take effect October 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.