Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 1884
Barcode 482684
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/31/2012 .
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The Committee on Health Regulation (Garcia) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 3049 - 3060
4 and insert:
5 Section 64. Subsection (6) of section 429.11 is repealed.
6 Section 65. Subsection (1) of section 429.294, Florida
7 Statutes is amended to read:
8 429.294 Availability of facility records for investigation
9 of resident’s rights violations and defenses; penalty.—
10 (1) Failure to provide complete copies of a resident’s
11 records, including, but not limited to, all medical records and
12 the resident’s chart, within the control or possession of the
13 facility within 10 days, in accordance with the provisions of s.
14 400.141(3)400.145, shall constitute evidence of failure of that
15 party to comply with good faith discovery requirements and shall
16 waive the good faith certificate and presuit notice requirements
17 under this part by the requesting party.
18 Section 66. Subsections (1) and (5) of section 429.71,
19 Florida Statutes, are amended to read:
20 429.71 Classification of violations deficiencies;
21 administrative fines.—
22 (1) In addition to the requirements of part II of chapter
23 408 and in addition to any other liability or penalty provided
24 by law, the agency may impose an administrative fine on a
25 provider according to the following classification:
26 (a) Class I violations are defined in s. 408.813 those
27 conditions or practices related to the operation and maintenance
28 of an adult family-care home or to the care of residents which
29 the agency determines present an imminent danger to the
30 residents or guests of the facility or a substantial probability
31 that death or serious physical or emotional harm would result
32 therefrom. The condition or practice that constitutes a class I
33 violation must be abated or eliminated within 24 hours, unless a
34 fixed period, as determined by the agency, is required for
35 correction. A class I violation deficiency is subject to an
36 administrative fine in an amount not less than $500 and not
37 exceeding $1,000 for each violation. A fine may be levied
38 notwithstanding the correction of the deficiency.
39 (b) Class II violations are defined in s. 408.813 those
40 conditions or practices related to the operation and maintenance
41 of an adult family-care home or to the care of residents which
42 the agency determines directly threaten the physical or
43 emotional health, safety, or security of the residents, other
44 than class I violations. A class II violation is subject to an
45 administrative fine in an amount not less than $250 and not
46 exceeding $500 for each violation. A citation for a class II
47 violation must specify the time within which the violation is
48 required to be corrected. If a class II violation is corrected
49 within the time specified, no civil penalty shall be imposed,
50 unless it is a repeated offense.
51 (c) Class III violations are defined in s. 408.813 those
52 conditions or practices related to the operation and maintenance
53 of an adult family-care home or to the care of residents which
54 the agency determines indirectly or potentially threaten the
55 physical or emotional health, safety, or security of residents,
56 other than class I or class II violations. A class III violation
57 is subject to an administrative fine in an amount not less than
58 $100 and not exceeding $250 for each violation. A citation for a
59 class III violation shall specify the time within which the
60 violation is required to be corrected. If a class III violation
61 is corrected within the time specified, no civil penalty shall
62 be imposed, unless it is a repeated violation offense.
63 (d) Class IV violations are defined in s. 408.813 those
64 conditions or occurrences related to the operation and
65 maintenance of an adult family-care home, or related to the
66 required reports, forms, or documents, which do not have the
67 potential of negatively affecting the residents. A provider that
68 does not correct A class IV violation within the time limit
69 specified by the agency is subject to an administrative fine in
70 an amount not less than $50 and not exceeding $100 for each
71 violation. Any class IV violation that is corrected during the
72 time the agency survey is conducted will be identified as an
73 agency finding and not as a violation, unless it is a repeat
74 violation.
75 (5) As an alternative to or in conjunction with an
76 administrative action against a provider, the agency may request
77 a plan of corrective action that demonstrates a good faith
78 effort to remedy each violation by a specific date, subject to
79 the approval of the agency.
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81
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83 ================= T I T L E A M E N D M E N T ================
84 And the title is amended as follows:
85 Delete lines 258 - 259
86 and insert:
87 committee; repealing subsection (6) of s 429.11,
88 Florida Statutes, relating to provisional licenses for
89 assisted living facilities; amending s. 429.294, F.S.,
90 revising a cross-reference; amending s. 429.915, F.S.;
91 revising