Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 170
Ì4885603Î488560
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/04/2025 .
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The Committee on Health Policy (Burton) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 218 - 255
4 and insert:
5 Section 5. Present subsections (7) through (15) of section
6 408.061, Florida Statutes, are redesignated as subsections (8)
7 through (16), respectively, and a new subsection (7) is added to
8 that section, to read:
9 408.061 Data collection; uniform systems of financial
10 reporting; information relating to physician charges;
11 confidential information; immunity.—
12 (7)(a) Beginning January 1, 2026, the agency shall impose
13 an administrative fine of $10,000 per violation against a
14 nursing home or home office that fails to comply with subsection
15 (5) or subsection (6), as applicable. For purposes of this
16 paragraph, the term “violation” means failing to file the
17 financial report required by subsection (5) or subsection (6),
18 as applicable, on or before the report’s due date. Failing to
19 file the report during any subsequent 10-day period occurring
20 after the due date constitutes a separate violation until the
21 report has been submitted.
22 (b) The agency shall adopt rules to implement this
23 subsection. The rules must include provisions for a nursing home
24 or home office to present factors in mitigation of the
25 imposition of the fine’s full dollar amount. The agency may
26 determine not to impose the fine’s full dollar amount upon a
27 showing that the full fine is inappropriate under the
28 circumstances.
29 Section 6. Subsection (2) of section 408.08, Florida
30 Statutes, is amended to read:
31 408.08 Inspections and audits; violations; penalties;
32 fines; enforcement.—
33 (2) Unless otherwise fined pursuant to s. 408.061(7), any
34 health care facility that refuses to file a report, fails to
35 timely file a report, files a false report, or files an
36 incomplete report and upon notification fails to timely file a
37 complete report required under s. 408.061; that violates this
38 section, s. 408.061, or s. 408.20, or rule adopted thereunder;
39 or that fails to provide documents or records requested by the
40 agency under this chapter shall be punished by a fine not
41 exceeding $1,000 per day for each day in violation, to be
42 imposed and collected by the agency. Pursuant to rules adopted
43 by the agency, the agency may, upon a showing of good cause,
44 grant a one-time extension of any deadline for a health care
45 facility to timely file a report as required by this section, s.
46 408.061, or s. 408.20.
47
48 ================= T I T L E A M E N D M E N T ================
49 And the title is amended as follows:
50 Delete lines 43 - 47
51 and insert:
52 administrative fines against nursing homes and home
53 offices of nursing homes for failing to comply with
54 certain reporting requirements; defining the term
55 “violation”; providing construction; requiring the
56 agency to adopt rules; providing requirements for such
57 rules; amending s. 408.08, F.S.; exempting health care
58 facilities from imposition of administrative fines if
59 they have otherwise been fined for the same violation
60 pursuant to other provisions; amending s.