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.