Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. SB 170 Ì4885603Î488560 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/04/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.