CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Russell and Argenziano offered the
12 following:
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14 Amendment (with title amendment)
15 remove from the bill: everything after the enacting clause,
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17 and insert in lieu thereof:
18 Section 1. (1) There is created the Task Force on the
19 Availability and Affordability of Long-term Care, to study
20 issues related to the provision of long-term care to the
21 elderly in nursing homes and alternatives to nursing homes,
22 and to make recommendations to the Governor and the
23 Legislature. The task force shall, at a minimum, study and
24 make recommendations concerning the following:
25 (a) The availability of alternative housing and care
26 settings for the elderly, including the use of rent-subsidized
27 facilities, assisted living facilities, and adult family care
28 homes.
29 (b) The availability of community-based care
30 arrangements that support elderly individuals to age in place
31 in their own homes and in alternative housing and care
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 settings.
2 (c) The role of family members in caring for elderly
3 relatives and ways in which quality family care can be
4 encouraged.
5 (d) The adequacy of reimbursements for the cost of
6 providing care to the elderly in nursing homes and in
7 alternative housing and care settings.
8 (e) The availability and affordability of
9 long-term-care insurance coverage and the potential for
10 funding long-term care through such coverage.
11 (f) The role of the certificate-of-need process in the
12 development of systems of long-term care for the elderly.
13 (g) The extent to which the quality of care in
14 long-term-care facilities in this state is compromised because
15 of market changes that affect the financial stability of the
16 long-term-care industry.
17 (h) The effect of lawsuits against nursing homes and
18 long-term care facilities on the cost of nursing home care and
19 on the financial stability of the nursing home industry in the
20 state.
21 (i) The kinds of incidents that lead to the filing of
22 lawsuits and the extent to which frivolous lawsuits are filed.
23 (j) The cost of liability insurance coverage for
24 long-term-care providers and the extent to which such costs
25 affect the affordability of care.
26 (k) The availability of liability insurance coverage
27 for long-term-care providers through Florida insurance
28 companies.
29 (l) The primary causes for recent bankruptcies facing
30 the nursing home industry.
31 (m) The additional costs to Medicaid, Medicare, and
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 the family when a patient suffering from a preventable
2 condition has to be admitted to a hospital.
3 (n) The ways in which other states have promoted the
4 development of alternative and homebased care and what they
5 have learned from these innovations.
6 (o) The difference between the quality of care
7 provided by for-profit skilled nursing facilities and by
8 not-for-profit skilled nursing facilities.
9 (p) An evaluation of how the quality of care in the
10 long-term care facilities of this state compare with the
11 quality of care in such facilities in other states.
12 (2) The task force shall be composed of 19 members, as
13 follows:
14 (a) The Lieutenant Governor, who shall serve as chair
15 of the task force.
16 (b) The Secretary of Elderly Affairs.
17 (c) The director of the state Medicaid program.
18 (d) A member of The Florida Bar, appointed by The
19 Florida Bar.
20 (e) A representative of the Florida Assisted Living
21 Association, appointed by the association.
22 (f) A representative of the Florida Association of
23 Homes for the Aging, appointed by the association.
24 (g) A representative of the insurance industry who has
25 experience in the insurance markets affecting long-term care,
26 appointed by the Governor in consultation with the President
27 of the Senate and the Speaker of the House of Representatives.
28 (h) A member to represent private sponsors of housing
29 for the elderly financed through the United States Department
30 of Housing and Urban Development, appointed by the Secretary
31 of Elderly Affairs.
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (i) An investment banker who has experience in
2 long-term-care economics, appointed by the Governor in
3 consultation with the President of the Senate and the Speaker
4 of the House of Representatives.
5 (j) An academic gerontologist appointed by the
6 Chancellor of the State University System.
7 (k) A physician whose specialty is geriatrics and who
8 is experienced in treating people with memory-related
9 disorders, appointed by the Florida Medical Association.
10 (l) A member of a Florida chapter of the American
11 Association of Retired Persons who has experience
12 administering a long-term care facility, appointed by the
13 Governor in consultation with the President of the Senate and
14 the Speaker of the House of Representatives.
15 (m) An individual who has experience with periodic
16 review of nursing homes and other long-term care facilities,
17 appointed by the Attorney General.
18 (n) A representative of the Florida Health Care
19 Association, appointed by the association.
20 (o) A local volunteer long-term care ombudsman with at
21 least two years of experience in assisting residents of
22 nursing homes and assisted living facilities, appointed by the
23 State Long-term Care Ombudsman.
24 (p) Two consumer representatives, one appointed by the
25 President of the Senate and one appointed by the Speaker of
26 the House of Representatives.
27 (q) Two members of the Legislature, one appointed by
28 the President of the Senate and one appointed by the Speaker
29 of the House of Representatives.
30 (3) The task force shall conduct research, hold public
31 meetings, receive testimony, employ consultants, and undertake
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 other activities determined by its members to be necessary to
2 complete its responsibilities.
3 (4) The members of the task force may not delegate
4 their attendance or voting power to designees.
5 (5) The task force shall be located at the University
6 of South Florida for administrative purposes. The Florida
7 Policy Exchange Center on Aging at the University of South
8 Florida shall provide staff and support services to the task
9 force. Members of the task force shall serve without
10 compensation, but are entitled to receive reimbursement for
11 travel and per diem as provided in section 112.061, Florida
12 Statutes.
13 (6) The appointments to the task force must be
14 completed within 30 days after the effective date of this act,
15 and the task force must hold its initial meeting within 45
16 days after the effective date of this act. The task force
17 shall submit a report containing its recommendations by
18 January 1, 2001, to the Governor, the President of the Senate,
19 and the Speaker of the House of Representatives. The
20 recommendations of the task force must include proposed
21 legislation. The task force shall expire on March 1, 2001.
22 Section 2. For the 2000-2001 fiscal year, the
23 nonrecurring sum of $200,000 is appropriated from the General
24 Revenue Fund to the University of South Florida for the
25 purposes of implementing this act.
26 Section 3. Subsection (3) of section 400.6065, Florida
27 Statutes, is amended, and subsections (4) through (8) are
28 added to said section, to read:
29 400.6065 Background screening.--
30 (3) The agency may grant a provisional license to a
31 hospice applying for an initial license when each individual
5
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 required by this section to undergo screening has completed
2 the abuse registry and Department of Law Enforcement
3 background check checks, but has not yet received results from
4 the Federal Bureau of Investigation.
5 (4) The agency shall require employment or contractor
6 screening as provided in chapter 435, using the level 1
7 standards for screening set forth in that chapter, for hospice
8 personnel.
9 (5) The agency may grant exemptions from
10 disqualification from employment under this section as
11 provided in s. 435.07.
12 (6) The administration of each hospice must sign an
13 affidavit annually, under penalty of perjury, stating that all
14 personnel employed or contracted with on or after October 1,
15 1998, who provide hospice services in a facility, or who enter
16 the home of a patient in their service capacity, have been
17 screened.
18 (7) Proof of compliance with the screening
19 requirements of chapter 435 shall be accepted in lieu of the
20 requirements of this section if the person has been
21 continuously employed or registered without a breach in
22 service that exceeds 180 days, the proof of compliance is not
23 more than 2 years old, and the person has been screened, at
24 the discretion of the hospice.
25 (8)(a) It is a misdemeanor of the first degree,
26 punishable under s. 775.082 or s. 775.083, for any person
27 willfully, knowingly, or intentionally to:
28 1. Fail, by false statement, misrepresentation,
29 impersonation, or other fraudulent means, to disclose in any
30 application for voluntary or paid employment a material fact
31 used in making a determination as to such person's
6
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 qualifications to be employed or contracted with under this
2 section;
3 2. Operate or attempt to operate an entity licensed
4 under this part with persons who do not meet the minimum
5 standards for good moral character as contained in this
6 section; or
7 3. Use information from the criminal records obtained
8 under this section for any purpose other than screening as
9 specified in this section, or release such information to any
10 other person for any purpose other than screening under this
11 section.
12 (b) It is a felony of the third degree, punishable
13 under s. 775.082, s. 775.083, or s. 775.084, for any person
14 willfully, knowingly, or intentionally to use information from
15 the juvenile records of a person obtained under this section
16 for any purpose other than screening for employment under this
17 section.
18 Section 4. Part XII of chapter 400, Florida Statutes,
19 consisting of s. 400.980, Florida Statutes, is created,
20 entitled "Health Care Services Pools."
21 Section 5. Section 402.48, Florida Statutes, is
22 renumbered as section 400.980, Florida Statutes, and amended
23 to read:
24 400.980402.48 Health care services pools.--
25 (1) As used in this section, the term:
26 (a) "Agency" means the Agency for Health Care
27 Administration. "Department" means the Department of Health.
28 (b) "Health care services pool" means any person,
29 firm, corporation, partnership, or association engaged for
30 hire in the business of providing temporary employment in
31 health care facilities, residential facilities, and agencies
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 for licensed, certified, or trained health care personnel
2 including, without limitation, nursing assistants, nurses'
3 aides, and orderlies. However, the term does not include
4 nursing registries, a facility licensed under chapter 400, a
5 health care services pool established within a health care
6 facility to provide services only within the confines of such
7 facility, or any individual contractor directly providing
8 temporary services to a health care facility without use or
9 benefit of a contracting agent.
10 (2) Each person who operates a health care services
11 pool must register each separate business location with the
12 agency department. The agency department shall adopt rules
13 and provide forms required for such registration and shall
14 impose a registration fee in an amount sufficient to cover the
15 cost of administering this section. In addition, the
16 registrant must provide the agency department with any change
17 of information contained on the original registration
18 application within 14 days prior to after the change. The
19 agency department may inspect the offices of any health care
20 services pool at any reasonable time for the purpose of
21 determining compliance with this section or the rules adopted
22 under this section.
23 (3) Each application for registration must include:
24 (a) The name and address of any person who has an
25 ownership interest in the business, and, in the case of a
26 corporate owner, copies of the articles of incorporation,
27 bylaws, and names and addresses of all officers and directors
28 of the corporation.
29 (b) Any other information required by the agency
30 department.
31 (4) Each applicant for registration must comply with
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 the following requirements:
2 (a) Upon receipt of a completed, signed, and dated
3 application, the agency shall require background screening, in
4 accordance with the level 1 standards for screening set forth
5 in chapter 435, of every individual who will have contact with
6 patients. The agency shall require background screening of the
7 managing employee or other similarly titled individual who is
8 responsible for the operation of the entity, and of the
9 financial officer or other similarly titled individual who is
10 responsible for the financial operation of the entity,
11 including billings for services in accordance with the level 2
12 standards for background screening as set forth in chapter
13 435.
14 (b) The agency may require background screening of any
15 other individual who is affiliated with the applicant if the
16 agency has a reasonable basis for believing that he or she has
17 been convicted of a crime or has committed any other offense
18 prohibited under the level 2 standards for screening set forth
19 in chapter 435.
20 (c) Proof of compliance with the level 2 background
21 screening requirements of chapter 435 which has been submitted
22 within the previous 5 years in compliance with any other
23 health care or assisted living licensure requirements of this
24 state is acceptable in fulfillment of paragraph (a).
25 (d) A provisional registration may be granted to an
26 applicant when each individual required by this section to
27 undergo background screening has met the standards for the
28 Department of Law Enforcement background check but the agency
29 has not yet received background screening results from the
30 Federal Bureau of Investigation. A standard registration may
31 be granted to the applicant upon the agency's receipt of a
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 report of the results of the Federal Bureau of Investigation
2 background screening for each individual required by this
3 section to undergo background screening which confirms that
4 all standards have been met, or upon the granting of a
5 disqualification exemption by the agency as set forth in
6 chapter 435. Any other person who is required to undergo level
7 2 background screening may serve in his or her capacity
8 pending the agency's receipt of the report from the Federal
9 Bureau of Investigation. However, the person may not continue
10 to serve if the report indicates any violation of background
11 screening standards and if a disqualification exemption has
12 not been requested of and granted by the agency as set forth
13 in chapter 435.
14 (e) Each applicant must submit to the agency, with its
15 application, a description and explanation of any exclusions,
16 permanent suspensions, or terminations of the applicant from
17 the Medicare or Medicaid programs. Proof of compliance with
18 the requirements for disclosure of ownership and controlling
19 interests under the Medicaid or Medicare programs may be
20 accepted in lieu of this submission.
21 (f) Each applicant must submit to the agency a
22 description and explanation of any conviction of an offense
23 prohibited under the level 2 standards of chapter 435 which
24 was committed by a member of the board of directors of the
25 applicant, its officers, or any individual owning 5 percent or
26 more of the applicant. This requirement does not apply to a
27 director of a not-for-profit corporation or organization who
28 serves solely in a voluntary capacity for the corporation or
29 organization, does not regularly take part in the day-to-day
30 operational decisions of the corporation or organization,
31 receives no remuneration for his or her services on the
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 corporation's or organization's board of directors, and has no
2 financial interest and no family members having a financial
3 interest in the corporation or organization, if the director
4 and the not-for-profit corporation or organization include in
5 the application a statement affirming that the director's
6 relationship to the corporation satisfies the requirements of
7 this paragraph.
8 (g) A registration may not be granted to an applicant
9 if the applicant or managing employee has been found guilty
10 of, regardless of adjudication, or has entered a plea of nolo
11 contendere or guilty to, any offense prohibited under the
12 level 2 standards for screening set forth in chapter 435,
13 unless an exemption from disqualification has been granted by
14 the agency as set forth in chapter 435.
15 (h) The provisions of this section which require an
16 applicant for registration to undergo background screening
17 shall stand repealed on June 30, 2001, unless reviewed and
18 saved from repeal through reenactment by the Legislature.
19 (i) Failure to provide all required documentation
20 within 30 days after a written request from the agency will
21 result in denial of the application for registration.
22 (j) The agency must take final action on an
23 application for registration within 60 days after receipt of
24 all required documentation.
25 (k) The agency may deny, revoke, or suspend the
26 registration of any applicant or registrant who:
27 1. Has falsely represented a material fact in the
28 application required by paragraph (e) or paragraph (f), or has
29 omitted any material fact from the application required by
30 paragraph (e) or paragraph (f); or
31 2. Has had prior action taken against the applicant
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 under the Medicaid or Medicare program as set forth in
2 paragraph (e).
3 3. Fails to comply with this section or applicable
4 rules.
5 4. Commits an intentional, reckless, or negligent act
6 that materially affects the health or safety of a person
7 receiving services.
8 (5) It is a misdemeanor of the first degree,
9 punishable under s. 775.082 or s. 775.083, for any person
10 willfully, knowingly, or intentionally to:
11 (a) Fail, by false statement, misrepresentation,
12 impersonation, or other fraudulent means, to disclose in any
13 application for voluntary or paid employment a material fact
14 used in making a determination as to an applicant's
15 qualifications to be a contractor under this section;
16 (b) Operate or attempt to operate an entity registered
17 under this part with persons who do not meet the minimum
18 standards of chapter 435 as contained in this section; or
19 (c) Use information from the criminal records obtained
20 under this section for any purpose other than screening an
21 applicant for temporary employment as specified in this
22 section, or release such information to any other person for
23 any purpose other than screening for employment under this
24 section.
25 (6) It is a felony of the third degree, punishable
26 under s. 775.082, s. 775.083, or s. 775.084, for any person
27 willfully, knowingly, or intentionally to use information from
28 the juvenile records of a person obtained under this section
29 for any purpose other than screening for employment under this
30 section.
31 (7) It is unlawful for a person to offer or advertise
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 services, as defined by rule, to the public without obtaining
2 a certificate of registration from the Agency for Health Care
3 Administration. It is unlawful for any holder of a certificate
4 of registration to advertise or hold out to the public that he
5 or she holds a certificate of registration for other than that
6 for which he or she actually holds a certificate of
7 registration. Any person who violates this subsection is
8 subject to injunctive proceedings under s. 400.515.
9 (8)(4) Each registration shall be for a period of 2
10 years. The application for renewal must be received by the
11 agency department at least 30 20 days before the expiration
12 date of the registration. An application for a new
13 registration is required within 30 days prior to upon the sale
14 of a controlling interest in a health care services pool.
15 (9)(5) A health care services pool may not require an
16 employee to recruit new employees from persons employed at a
17 health care facility to which the health care services pool
18 employee is assigned. Nor shall a health care facility to
19 which employees of a health care services pool are assigned
20 recruit new employees from the health care services pool.
21 (10)(6) A health care services pool shall document
22 that each temporary employee provided to a health care
23 facility is licensed and has met the licensing, certification,
24 training, or and continuing education requirements, as
25 established by the appropriate regulatory agency, for the
26 position in which he or she will be working.
27 (11)(7) When referring persons for temporary
28 employment in health care facilities, a health care services
29 pool shall comply with all pertinent state and federal laws,
30 rules, and regulations of the appropriate regulatory agency
31 relating to health, background screening, and other
13
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 qualifications required of persons working in a facility of
2 that type of personnel employed in health care facilities.
3 (12)(8)(a) As a condition of registration and prior to
4 the issuance or renewal of a certificate of registration, a
5 health care services pool applicant must prove financial
6 responsibility to pay claims, and costs ancillary thereto,
7 arising out of the rendering of services or failure to render
8 services by the pool or by its employees in the course of
9 their employment with the pool. The agency department shall
10 promulgate rules establishing minimum financial responsibility
11 coverage amounts which shall be adequate to pay potential
12 claims and costs ancillary thereto.
13 (b) Each health care services pool shall give written
14 notification to the agency department within 20 days after any
15 change in the method of assuring financial responsibility or
16 upon cancellation or nonrenewal of professional liability
17 insurance. Unless the pool demonstrates that it is otherwise
18 in compliance with the requirements of this section, the
19 agency department shall suspend the registration license of
20 the pool pursuant to ss. 120.569 and 120.57. Any suspension
21 under this section shall remain in effect until the pool
22 demonstrates compliance with the requirements of this section.
23 (c) Proof of financial responsibility must be
24 demonstrated to the satisfaction of the agency department,
25 through one of the following methods:
26 1. Establishing and maintaining an escrow account
27 consisting of cash or assets eligible for deposit in
28 accordance with s. 625.52;
29 2. Obtaining and maintaining an unexpired irrevocable
30 letter of credit established pursuant to chapter 675. Such
31 letters of credit shall be nontransferable and nonassignable
14
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 and shall be issued by any bank or savings association
2 organized and existing under the laws of this state or any
3 bank or savings association organized under the laws of the
4 United States that has its principal place of business in this
5 state or has a branch office which is authorized under the
6 laws of this state or of the United States to receive deposits
7 in this state; or
8 3. Obtaining and maintaining professional liability
9 coverage from one of the following:
10 a. An authorized insurer as defined under s. 624.09;
11 b. An eligible surplus lines insurer as defined under
12 s. 626.918(2);
13 c. A risk retention group or purchasing group as
14 defined under s. 627.942; or
15 d. A plan of self-insurance as provided in s. 627.357.
16 (d) If financial responsibility requirements are met
17 by maintaining an escrow account or letter of credit, as
18 provided in this section, upon the entry of an adverse final
19 judgment arising from a medical malpractice arbitration award
20 from a claim of medical malpractice either in contract or
21 tort, or from noncompliance with the terms of a settlement
22 agreement arising from a claim of medical malpractice either
23 in contract or tort, the financial institution holding the
24 escrow account or the letter of credit shall pay directly to
25 the claimant the entire amount of the judgment together with
26 all accrued interest or the amount maintained in the escrow
27 account or letter of credit as required by this section,
28 whichever is less, within 60 days after the date such judgment
29 became final and subject to execution, unless otherwise
30 mutually agreed to in writing by the parties. If timely
31 payment is not made, the agency department shall suspend the
15
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 registration license of the pool pursuant to procedures set
2 forth by the department through rule. Nothing in this
3 paragraph shall abrogate a judgment debtor's obligation to
4 satisfy the entire amount of any judgment.
5 (e) Each health care services pool carrying
6 claims-made coverage must demonstrate proof of extended
7 reporting coverage through either tail or nose coverage, in
8 the event the policy is canceled, replaced, or not renewed.
9 Such extended coverage shall provide coverage for incidents
10 that occurred during the claims-made policy period but were
11 reported after the policy period.
12 (f) The financial responsibility requirements of this
13 section shall apply to claims for incidents that occur on or
14 after January 1, 1991, or the initial date of registration in
15 this state, whichever is later.
16 (g) Meeting the financial responsibility requirements
17 of this section must be established at the time of issuance or
18 renewal of a certificate of registration.
19 (13)(9) The agency department shall adopt rules to
20 implement this section, including rules providing for the
21 establishment of:
22 (a) Minimum standards for the operation and
23 administration of health care personnel pools, including
24 procedures for recordkeeping and personnel.
25 (b) Fines for the violation of this section in an
26 amount not to exceed $2,500 $1,000 and suspension or
27 revocation of registration.
28 (c) Disciplinary sanctions for failure to comply with
29 this section or the rules adopted under this section.
30 Section 6. All powers, duties and functions, rules,
31 records, personnel, property, and unexpended balances of
16
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 appropriations, allocations, or other funds of the Department
2 of Health relating to the regulation of health care services
3 pools are transferred by a type two transfer, as defined in s.
4 20.06(2), Florida Statutes, from the Department of Health to
5 the Agency for Health Care Administration.
6 Section 7. Section 415.102, Florida Statutes, is
7 amended to read:
8 415.102 Definitions of terms used in ss.
9 415.101-415.113.--As used in ss. 415.101-415.113, the term:
10 (1) "Abuse" means any willful act or threatened act
11 that causes or is likely to cause significant impairment to a
12 vulnerable adult's physical, mental, or emotional health.
13 Abuse includes acts and omissions. "Abuse" means the
14 nonaccidental infliction of physical or psychological injury
15 or sexual abuse upon a disabled adult or an elderly person by
16 a relative, caregiver, or household member, or an action by
17 any of those persons which could reasonably be expected to
18 result in physical or psychological injury, or sexual abuse of
19 a disabled adult or an elderly person by any person. "Abuse"
20 also means the active encouragement of any person by a
21 relative, caregiver, or household member to commit an act that
22 inflicts or could reasonably be expected to result in physical
23 or psychological injury to a disabled adult or an elderly
24 person.
25 (2) "Alleged perpetrator" means a person who has been
26 named by a reporter as the person responsible for abusing,
27 neglecting, or exploiting a vulnerable disabled adult or an
28 elderly person. "Alleged perpetrator" also means a person who
29 has been named by an adult protective investigator, in a
30 report that has been classified as proposed confirmed, as the
31 person responsible for abusing, neglecting, or exploiting a
17
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 disabled adult or an elderly person.
2 (3) "Capacity to consent" means that a vulnerable
3 disabled adult or elderly person has sufficient understanding
4 to make and communicate responsible decisions regarding the
5 vulnerable disabled adult's or elderly person's person or
6 property, including whether or not to accept protective
7 services offered by the department.
8 (4) "Caregiver" means a person who has been entrusted
9 with or has assumed the responsibility for frequent and
10 regular care of or services to a vulnerable disabled adult or
11 an elderly person on a temporary or permanent basis and who
12 has a commitment, agreement, or understanding with that person
13 or that person's guardian that a caregiver role exists.
14 "Caregiver" includes, but is not limited to, relatives,
15 household members, guardians, neighbors, and employees and
16 volunteers of facilities as defined in subsection (8) (13).
17 For the purpose of departmental investigative jurisdiction,
18 the term "caregiver" does not include law enforcement officers
19 or employees of municipal or county detention facilities or
20 the Department of Corrections while acting in an official
21 capacity.
22 (5) "Closed without classification" means the closure
23 of a report in which an adult protective investigator
24 determines that:
25 (a) Some evidence exists that abuse, neglect, or
26 exploitation has occurred, but a preponderance of evidence
27 cannot be established; or
28 (b) A preponderance of the evidence exists that abuse,
29 neglect, or exploitation has occurred, but no perpetrator can
30 be identified.
31 (6) "Confirmed report" means a proposed confirmed
18
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 report that has been determined to be valid after a hearing
2 under s. 415.1075(2), a proposed confirmed report for which
3 the alleged perpetrator has failed to request amendment or
4 expunction within the time allotted for such a request under
5 s. 415.1075(1), or a proposed confirmed report for which the
6 alleged perpetrator has failed to request an administrative
7 hearing within the time allotted by s. 415.1075(2).
8 (7) "Criminal justice agency" means any court, any law
9 enforcement agency, or any government agency or subunit
10 thereof as defined under s. 943.045(10).
11 (5)(8) "Deception" means a misrepresentation or
12 concealment of a material fact relating to services rendered,
13 disposition of property, or the use of property intended to
14 benefit a vulnerable disabled adult or an elderly person.
15 (6)(9) "Department" means the Department of Children
16 and Family Services.
17 (10) "Disabled adult" means a person 18 years of age
18 or older who suffers from a condition of physical or mental
19 incapacitation due to a developmental disability, organic
20 brain damage, or mental illness, or who has one or more
21 physical or mental limitations that substantially restrict the
22 ability to perform the normal activities of daily living.
23 (11) "Disabled adult in need of services" means a
24 disabled adult who has been determined by an adult protective
25 services investigator to be suffering from the ill effects of
26 neglect not caused by a second party perpetrator and is in
27 need of protective services or other services to prevent
28 further harm.
29 (12) "Elderly person" means a person 60 years of age
30 or older who is suffering from the infirmities of aging as
31 manifested by advanced age or organic brain damage, or other
19
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 physical, mental, or emotional dysfunctioning to the extent
2 that the ability of the person to provide adequately for the
3 person's own care or protection is impaired.
4 (13) "Elderly person in need of services" means an
5 elderly person who has been determined by an adult protective
6 services investigator to be suffering from the ill effects of
7 neglect not caused by a second party perpetrator and is in
8 need of protective services or other services to prevent
9 further harm.
10 (7)(14)(a) "Exploitation" means a person who:
11 1. Stands in a position of trust and confidence with a
12 vulnerable disabled adult or an elderly person and knowingly,
13 by deception or intimidation, obtains or uses, or endeavors to
14 obtain or use, a vulnerable disabled adult's or an elderly
15 person's funds, assets, or property with the intent to
16 temporarily or permanently deprive a vulnerable disabled adult
17 or an elderly person of the use, benefit, or possession of the
18 funds, assets, or property for the benefit of someone other
19 than the vulnerable disabled adult or elderly person; or
20 2. Knows or should know that the vulnerable disabled
21 adult or elderly person lacks the capacity to consent, and
22 obtains or uses, or endeavors to obtain or use, the vulnerable
23 disabled adult's or elderly person's funds, assets, or
24 property with the intent to temporarily or permanently deprive
25 the vulnerable disabled adult or elderly person of the use,
26 benefit, or possession of the funds, assets, or property for
27 the benefit of someone other than the vulnerable disabled
28 adult or elderly person.
29 (b) "Exploitation" may include, but is not limited to:
30 1. Breaches of fiduciary relationships, such as the
31 misuse of a power of attorney or the abuse of guardianship
20
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 duties, resulting in the unauthorized appropriation, sale, or
2 transfer of property;
3 2. Unauthorized taking of personal assets;
4 3. Misappropriation, misuse, or transfer of moneys
5 belonging to a vulnerable disabled adult or elderly person
6 from a personal or joint account; or
7 4. Intentional or negligent failure to effectively use
8 a vulnerable disabled adult's or elderly person's income and
9 assets for the necessities required for that person's support
10 and maintenance.
11 (8)(15) "Facility" means any location providing day or
12 residential care or treatment for vulnerable disabled adults
13 or elderly persons. The term "facility" may include, but is
14 not limited to, any hospital, training center, state
15 institution, nursing home, assisted living facility, adult
16 family-care home, adult day care center, group home, or mental
17 health treatment center.
18 (9)(16) "False report" means a report of abuse,
19 neglect, or exploitation of a vulnerable disabled adult or an
20 elderly person to the central abuse hotline registry and
21 tracking system which is not true unfounded and is maliciously
22 made for the purpose of:
23 (a) Harassing, embarrassing, or harming another
24 person;
25 (b) Personal financial gain for the reporting person;
26 (c) Acquiring custody of a vulnerable disabled adult
27 or an elderly person; or
28 (d) Personal benefit for the reporting person in any
29 other private dispute involving a vulnerable disabled adult or
30 an elderly person.
31
21
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 The term "false report" does not include a report of abuse,
2 neglect, or exploitation of a vulnerable disabled adult or an
3 elderly person which is made in good faith to the central
4 abuse hotline registry and tracking system and which is
5 classified as unfounded at the conclusion of the
6 investigation.
7 (10)(17) "Fiduciary relationship" means a relationship
8 based upon the trust and confidence of the vulnerable disabled
9 adult or elderly person in the caregiver, relative, household
10 member, or other person entrusted with the use or management
11 of the property or assets of the vulnerable disabled adult or
12 elderly person. The relationship exists where there is a
13 special confidence reposed in one who in equity and good
14 conscience is bound to act in good faith and with due regard
15 to the interests of the vulnerable disabled adult or elderly
16 person. For the purposes of this part, a fiduciary
17 relationship may be formed by an informal agreement between
18 the vulnerable disabled adult or elderly person and the other
19 person and does not require a formal declaration or court
20 order for its existence. A fiduciary relationship includes,
21 but is not limited to, court-appointed or voluntary guardians,
22 trustees, attorneys, or conservators of a vulnerable disabled
23 adult's or an elderly person's assets or property.
24 (11)(18) "Guardian" means a person who has been
25 appointed by a court to act on behalf of a person; a preneed
26 guardian, as provided in chapter 744; or a health care
27 surrogate expressly designated by a principal to make health
28 care decisions on behalf of the principal upon the principal's
29 incapacity, as provided in chapter 765.
30 (12)(19) "In-home services" means the provision of
31 nursing, personal care, supervision, or other services to
22
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 vulnerable disabled adults or elderly persons in their own
2 homes.
3 (13)(20) "Intimidation" means the communication by
4 word or act to a vulnerable disabled adult or an elderly
5 person that that person will be deprived of food, nutrition,
6 clothing, shelter, supervision, medicine, medical services,
7 money, or financial support or will suffer physical violence.
8 (14)(21) "Lacks capacity to consent" means a mental
9 impairment that causes a vulnerable disabled adult or an
10 elderly person to lack sufficient understanding or capacity to
11 make or communicate responsible decisions concerning the
12 disabled adult's or elderly person's person or property,
13 including whether or not to accept protective services offered
14 by the department.
15 (15)(22) "Neglect" means the failure or omission on
16 the part of the caregiver or disabled adult or elderly person
17 to provide the care, supervision, and services necessary to
18 maintain the physical and mental health of the vulnerable
19 disabled adult or elderly person, including, but not limited
20 to, food, clothing, medicine, shelter, supervision, and
21 medical services, that a prudent person would consider
22 essential for the well-being of a vulnerable disabled adult or
23 an elderly person. The term "neglect" also means the failure
24 of a caregiver to make a reasonable effort to protect a
25 vulnerable disabled adult or an elderly person from abuse,
26 neglect, or exploitation by others. "Neglect" is repeated
27 conduct or a single incident of carelessness which produces or
28 could reasonably be expected to result in serious physical or
29 psychological injury or a substantial risk of death.
30 (23) "No jurisdiction" means the disposition of a
31 report that the department does not investigate because the
23
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 report does not meet the criteria specified in ss.
2 415.101-415.113.
3 (16)(24) "Obtains or uses" means any manner of:
4 (a) Taking or exercising control over property; or
5 (b) Making any use, disposition, or transfer of
6 property;.
7 (c) Obtaining property by fraud, willful
8 misrepresentation of a future act, or false promise; or
9 (d)1. Conduct otherwise known as stealing; larceny;
10 purloining; abstracting; embezzlement; misapplication;
11 misappropriation; conversion; or obtaining money or property
12 by false pretenses, fraud, or deception; or
13 2. Other conduct similar in nature.
14 (25) "Perpetrator" means the person who has been named
15 as causing abuse, neglect, or exploitation of a disabled adult
16 or an elderly person in a report that has been classified as
17 confirmed.
18 (17)(26) "Position of trust and confidence" with
19 respect to a vulnerable disabled adult or an elderly person
20 means the position of a person who:
21 (a) Is a parent, spouse, adult child, or other
22 relative by blood or marriage of the disabled adult or elderly
23 person;
24 (b) Is a joint tenant or tenant in common with the
25 disabled adult or elderly person;
26 (c) Has a legal or fiduciary relationship with the
27 disabled adult or elderly person, including, but not limited
28 to, a court-appointed or voluntary guardian, trustee,
29 attorney, or conservator; or
30 (d) Is a caregiver of the disabled adult or elderly
31 person or any other person who has been entrusted with or has
24
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 assumed responsibility for the use or management of the
2 vulnerable elderly person's or disabled adult's funds, assets,
3 or property.
4 (18) "Protective investigation" means acceptance of a
5 report from the central abuse hotline alleging abuse, neglect,
6 or exploitation as defined in this section; investigation of
7 the report; determination as to whether action by the court is
8 warranted; and referral of the vulnerable adult to another
9 public or private agency when appropriate.
10 (27) "Property" means anything of value, and includes:
11 (a) Real property, including things growing on,
12 affixed to, and found in land.
13 (b) Tangible personal property, including, but not
14 limited to, furniture, jewelry, or clothing and intangible
15 personal property, including rights, privileges, interests,
16 and claims.
17 (28) "Proposed confirmed report" means a report of
18 abuse, neglect, or exploitation which is made pursuant to s.
19 415.1034 when an adult protective investigation alleges that
20 there is a preponderance of evidence that abuse, neglect, or
21 exploitation occurred and which identifies the alleged
22 perpetrator.
23 (19)(29) "Protective investigator" means an authorized
24 agent of the department who receives and investigates reports
25 of abuse, neglect, or exploitation of vulnerable adults.
26 "Protective investigator" means an employee of the department
27 responsible for:
28 (a) The onsite investigation, classification, and
29 disposition of all reports alleging abuse, neglect, or
30 exploitation of a disabled adult or an elderly person;
31 (b) The determination of immediate risk to a disabled
25
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 adult or an elderly person, which determination must include
2 the provision of emergency services and the arrangement for
3 immediate in-home and nonemergency services to prevent the
4 recurrence of further abuse, neglect, or exploitation; and
5 (c) The evaluation of the need for and referrals to
6 ongoing protective services for a disabled adult or an elderly
7 person.
8 (20)(30) "Protective services" means the provision or
9 arrangement of services to protect a vulnerable disabled adult
10 or an elderly person from further occurrences of abuse,
11 neglect, or exploitation. Such services may include, but are
12 not limited to, protective supervision, placement, and in-home
13 and community-based services.
14 (21)(31) "Protective supervision" means those services
15 arranged for or implemented by the department to protect
16 vulnerable disabled adults or elderly persons from further
17 occurrences of abuse, neglect, or exploitation during an
18 investigation or following a report that has been classified
19 as proposed confirmed or confirmed, or has been closed without
20 classification.
21 (22)(32) "Psychological injury" means an injury to the
22 intellectual functioning or emotional state of a vulnerable
23 disabled adult or an elderly person as evidenced by an
24 observable or measurable reduction in the vulnerable disabled
25 adult's or elderly person's ability to function within that
26 person's customary range of performance and that person's
27 behavior.
28 (23)(33) "Records" means all documents, papers,
29 letters, maps, books, tapes, photographs, films, sound
30 recordings, videotapes, or other material, regardless of
31 physical form or characteristics, made or received pursuant to
26
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 a an adult protective investigation.
2 (24)(34) "Sexual abuse" means acts of a sexual nature
3 committed for the sexual gratification of the abuser and in
4 the presence of a vulnerable disabled adult or an elderly
5 person without that person's informed consent. "Sexual abuse"
6 includes, but is not limited to, the acts defined in s.
7 794.011(1)(h), fondling, exposure of a vulnerable disabled
8 adult's or elderly person's sexual organs, or the use of a
9 vulnerable disabled adult or an elderly person to solicit for
10 or engage in prostitution or sexual performance. "Sexual
11 abuse" does not include any act intended for a valid medical
12 purpose or any act that may reasonably be construed to be
13 normal caregiving action or appropriate display of affection.
14 (35) "Specified medical personnel" means licensed or
15 certified physicians, osteopathic physicians, nurses,
16 paramedics, advanced registered nurse practitioners,
17 psychologists, psychiatrists, mental health professionals, or
18 any other licensed or certified medical personnel.
19 (36) "Unfounded report" means a report made pursuant
20 to s. 415.1034 in which the department determines that no
21 evidence of abuse, neglect, or exploitation exists.
22 (25)(37) "Victim" means any vulnerable disabled adult
23 or elderly person named in a report of abuse, neglect, or
24 exploitation.
25 (26) "Vulnerable adult" means a person 18 years of age
26 or older whose ability to perform the normal activities of
27 daily living or to provide for his or her own care or
28 protection is impaired due to a mental, emotional, physical,
29 or developmental disability or dysfunctioning, or brain
30 damage, or the infirmities of aging.
31 (27) "Vulnerable adult in need of services" means a
27
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 vulnerable adult who has been determined by a protective
2 investigator to be suffering from the ill effects of neglect
3 not caused by a second party perpetrator and is in need of
4 protective services or other services to prevent further harm.
5 Section 8. Section 415.103, Florida Statutes, is
6 amended to read:
7 415.103 Central abuse hotline registry and tracking
8 system.--
9 (1) The department shall establish and maintain a
10 central abuse hotline registry and tracking system that
11 receives all reports made pursuant to s. 415.1034 in writing
12 or through a single statewide toll-free telephone number. Any
13 person may use the statewide toll-free telephone number to
14 report known or suspected abuse, neglect, or exploitation of a
15 vulnerable disabled adult or an elderly person at any hour of
16 the day or night, any day of the week. The central abuse
17 hotline registry and tracking system must be operated in such
18 a manner as to enable the department to:
19 (a) Accept reports for investigation when there is a
20 reasonable cause to suspect that a vulnerable disabled adult
21 or an elderly person has been or is being abused, neglected,
22 or exploited.
23 (b) Determine whether the allegations made by the
24 reporter require an immediate, 24-hour, or next-working-day
25 response priority.
26 (c) When appropriate, refer calls that do not allege
27 the abuse, neglect, or exploitation of a vulnerable disabled
28 adult or an elderly person to other organizations that might
29 better resolve the reporter's concerns.
30 (d) Immediately identify and locate prior reports of
31 abuse, neglect, or exploitation through the central abuse
28
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 hotline registry and tracking system.
2 (e) Track critical steps in the investigative process
3 to ensure compliance with all requirements for all reports.
4 (f) Maintain data to facilitate the production of
5 aggregate statistical reports for monitoring patterns of
6 abuse, neglect, or exploitation of disabled adults or elderly
7 persons.
8 (g) Serve as a resource for the evaluation,
9 management, and planning of preventive and remedial services
10 for vulnerable disabled adults or elderly persons who have
11 been subject to abuse, neglect, or exploitation.
12 (2) Upon receiving an oral or written report of known
13 or suspected abuse, neglect, or exploitation of a vulnerable
14 disabled adult or an elderly person, the central abuse hotline
15 registry and tracking system must determine if the report
16 requires an immediate onsite protective investigation. For
17 reports requiring an immediate onsite protective
18 investigation, the central abuse hotline registry and tracking
19 system must immediately notify the department's designated
20 adult protective investigative district staff responsible for
21 protective investigations to ensure prompt initiation of an
22 onsite investigation. For reports not requiring an immediate
23 onsite protective investigation, the central abuse hotline
24 registry and tracking system must notify the department's
25 designated adult protective investigative district staff
26 responsible for protective investigations in sufficient time
27 to allow for an investigation to be commenced within 24 hours.
28 At the time of notification of district staff with respect to
29 the report, the central abuse hotline registry and tracking
30 system must also provide any known information on any previous
31 report concerning a subject of the present report or any
29
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 pertinent information relative to the present report or any
2 noted earlier reports.
3 (3) The department shall set standards, priorities,
4 and policies to maximize the efficiency and effectiveness of
5 the central abuse hotline registry and tracking system.
6 Section 9. Section 415.1034, Florida Statutes, is
7 amended to read:
8 415.1034 Mandatory reporting of abuse, neglect, or
9 exploitation of vulnerable disabled adults or elderly persons;
10 mandatory reports of death.--
11 (1) MANDATORY REPORTING.--
12 (a) Any person, including, but not limited to, any:
13 1. Physician, osteopathic physician, medical examiner,
14 chiropractic physician, nurse, or hospital personnel engaged
15 in the admission, examination, care, or treatment of
16 vulnerable disabled adults or elderly persons;
17 2. Health professional or mental health professional
18 other than one listed in subparagraph 1.;
19 3. Practitioner who relies solely on spiritual means
20 for healing;
21 4. Nursing home staff; assisted living facility staff;
22 adult day care center staff; adult family-care home staff;
23 social worker; or other professional adult care, residential,
24 or institutional staff;
25 5. State, county, or municipal criminal justice
26 employee or law enforcement officer;
27 6. Human rights advocacy committee or long-term care
28 ombudsman council member; or
29 7. Bank, savings and loan, or credit union officer,
30 trustee, or employee,
31
30
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 who knows, or has reasonable cause to suspect, that a
2 vulnerable disabled adult or an elderly person has been or is
3 being abused, neglected, or exploited shall immediately report
4 such knowledge or suspicion to the central abuse hotline
5 registry and tracking system on the single statewide toll-free
6 telephone number.
7 (b) To the extent possible, a report made pursuant to
8 paragraph (a) must contain, but need not be limited to, the
9 following information:
10 1. Name, age, race, sex, physical description, and
11 location of each victim disabled adult or an elderly person
12 alleged to have been abused, neglected, or exploited.
13 2. Names, addresses, and telephone numbers of the
14 victim's disabled adult's or elderly person's family members.
15 3. Name, address, and telephone number of each alleged
16 perpetrator.
17 4. Name, address, and telephone number of the
18 caregiver of the victim disabled adult or elderly person, if
19 different from the alleged perpetrator.
20 5. Name, address, and telephone number of the person
21 reporting the alleged abuse, neglect, or exploitation.
22 6. Description of the physical or psychological
23 injuries sustained.
24 7. Actions taken by the reporter, if any, such as
25 notification of the criminal justice agency.
26 8. Any other information available to the reporting
27 person which may establish the cause of abuse, neglect, or
28 exploitation that occurred or is occurring.
29 (2) MANDATORY REPORTS OF DEATH.--Any person who is
30 required to investigate reports of abuse, neglect, or
31 exploitation and who has reasonable cause to suspect that a
31
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 vulnerable disabled adult or an elderly person died as a
2 result of abuse, neglect, or exploitation shall immediately
3 report the suspicion to the appropriate medical examiner, to
4 the appropriate criminal justice agency, and to the
5 department, notwithstanding the existence of a death
6 certificate signed by a practicing physician. The medical
7 examiner shall accept the report for investigation pursuant to
8 s. 406.11 and shall report the findings of the investigation,
9 in writing, to the appropriate local criminal justice agency,
10 the appropriate state attorney, and the department. Autopsy
11 reports maintained by the medical examiner are not subject to
12 the confidentiality requirements provided for in s. 415.107.
13 Section 10. Section 415.1035, Florida Statutes, is
14 amended to read:
15 415.1035 Facility's duty to inform residents of their
16 right to report abusive, neglectful, or exploitive
17 practices.--The department shall work cooperatively with the
18 Agency for Health Care Administration and the Department of
19 Elderly Affairs to ensure that every facility that serves
20 vulnerable adults informs residents of their right to report
21 abusive, neglectful, or exploitive practices. Each facility
22 must establish appropriate policies and procedures to
23 facilitate such reporting.
24 (1) Every facility that serves disabled adults or
25 elderly persons must inform residents of their right to report
26 abusive, neglectful, or exploitive practices and must
27 establish appropriate policies and procedures to facilitate
28 such reporting.
29 (2) The statewide toll-free telephone number for the
30 central abuse registry and tracking system must be posted in
31 all facilities operated by, under contract with, or licensed
32
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 by the department or the Agency for Health Care Administration
2 which provide services to disabled adults or elderly persons.
3 Such posting must be clearly visible and in a prominent place
4 within the facility and must be accompanied by the words, "To
5 Report the Abuse, Neglect, or Exploitation of a Disabled Adult
6 or an Elderly Person, Please Call:....."
7 Section 11. Subsection (1) of section 415.1036,
8 Florida Statutes, is amended to read:
9 415.1036 Immunity.--
10 (1) Any person who participates in making a report
11 under s. 415.1034 or participates in a judicial proceeding
12 resulting therefrom is presumed to be acting in good faith
13 and, unless lack of good faith is shown by clear and
14 convincing evidence, is immune from any liability, civil or
15 criminal, that otherwise might be incurred or imposed. This
16 section does not grant immunity, civil or criminal, to any
17 person who is suspected of having abused, neglected, or
18 exploited, or committed any illegal act upon or against, a
19 vulnerable disabled adult or an elderly person. Further, a
20 resident or employee of a facility that serves vulnerable
21 disabled adults or elderly persons may not be subjected to
22 reprisal or discharge because of the resident's or employee's
23 actions in reporting abuse, neglect, or exploitation pursuant
24 to s. 415.1034.
25 Section 12. Section 415.104, Florida Statutes, is
26 amended to read:
27 415.104 Protective services investigations of cases of
28 abuse, neglect, or exploitation of vulnerable aged persons or
29 disabled adults; transmittal of records to state attorney.--
30 (1) The department shall, upon receipt of a report
31 alleging abuse, neglect, or exploitation of a vulnerable an
33
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 aged person or disabled adult, begin commence, or cause to be
2 commenced within 24 hours, a protective services investigation
3 of the facts alleged therein. If, upon arrival of the
4 protective investigator at the scene of the incident, a
5 caregiver refuses to allow the department to begin a
6 protective services investigation or interferes with the
7 department's ability to conduct of such an investigation, the
8 appropriate law enforcement agency shall be contacted for
9 assistance to assist the department in commencing the
10 protective services investigation. If, during the course of
11 the investigation, the department has reason to believe that
12 the abuse, neglect, or exploitation is perpetrated by a second
13 party, the appropriate law enforcement criminal justice agency
14 and state attorney shall be orally notified. The department
15 and the law enforcement agency shall cooperate to allow the
16 criminal investigation to proceed concurrently with, and not
17 be hindered by, the protective investigation. in order that
18 such agencies may begin a criminal investigation concurrent
19 with the protective services investigation of the department.
20 In an institutional investigation, the alleged perpetrator may
21 be represented by an attorney, at his or her own expense, or
22 accompanied by another person, if the person or the attorney
23 executes an affidavit of understanding with the department and
24 agrees to comply with the confidentiality provisions of s.
25 415.107. The absence of an attorney or other person does not
26 prevent the department from proceeding with other aspects of
27 the investigation, including interviews with other persons.
28 The department shall make a preliminary written report to the
29 law enforcement criminal justice agencies within 5 working
30 days after the oral report. The department shall, within 24
31 hours after receipt of the report, notify the appropriate
34
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 human rights advocacy committee, or long-term care ombudsman
2 council, when appropriate, that an alleged abuse, neglect, or
3 exploitation perpetrated by a second party has occurred.
4 Notice to the human rights advocacy committee or long-term
5 care ombudsman council may be accomplished orally or in
6 writing and shall include the name and location of the
7 vulnerable aged person or disabled adult alleged to have been
8 abused, neglected, or exploited and the nature of the report.
9 (2) Upon commencing an investigation, the protective
10 investigator shall inform all of the vulnerable adults and
11 alleged perpetrators named in the report of the following:
12 (a) The names of the investigators and identifying
13 credentials from the department.
14 (b) The purpose of the investigation.
15 (c) That the victim, the victim's guardian, the
16 victim's caregiver, and the alleged perpetrator, and legal
17 counsel for any of those persons, have a right to a copy of
18 the report at the conclusion of the investigation.
19 (d) The name and telephone number of the protective
20 investigator's supervisor available to answer questions.
21 (e) That each person has the right to obtain his or
22 her own attorney.
23
24 Any person being interviewed by a protective investigator may
25 be represented by an attorney, at the person's own expense, or
26 may choose to have another person present. The other person
27 present may not be an alleged perpetrator in any report
28 currently under investigation. Before participating in such
29 interview, the other person present shall execute an agreement
30 to comply with the confidentiality requirements of ss.
31 415.101-415.113. The absence of an attorney or other person
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 does not prevent the department from proceeding with other
2 aspects of the investigation, including interviews with other
3 persons. In an investigative interview with a vulnerable
4 adult, the protective investigator may conduct the interview
5 with no other person present.
6 (3) For each report it receives, the department shall
7 perform an onsite investigation to:
8 (a) Determine that the person is a vulnerable an aged
9 person or disabled adult as defined in s. 415.102.
10 (b) Determine whether the person is a vulnerable adult
11 in need of services, as defined in s. 415.102.
12 (c)(b) Determine the composition of the family or
13 household, including the name, address, date of birth, social
14 security number, sex, and race of each aged person in the
15 household or disabled adult named in the report; any others in
16 the household or in the care of the caregiver, or any other
17 persons responsible for the aged person's or disabled adult's
18 welfare; and any other adults in the same household.
19 (d)(c) Determine whether there is an indication that a
20 vulnerable any aged person or disabled adult is abused,
21 neglected, or exploited., including a determination of harm or
22 threatened harm to any aged person or disabled adult;
23 (e) Determine the nature and extent of present or
24 prior injuries, abuse, or neglect, and any evidence thereof.
25 (f) Determine, if possible,; and a determination as to
26 the person or persons apparently responsible for the abuse,
27 neglect, or exploitation, including the name, address, date of
28 birth, social security number, sex, and race of each person to
29 be classified as an alleged perpetrator in a proposed
30 confirmed report. An alleged perpetrator named in a proposed
31 confirmed report of abuse, neglect, or exploitation shall
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 cooperate in the provision of the required data for the
2 central abuse registry and tracking system to the fullest
3 extent possible.
4 (g)(d) Determine the immediate and long-term risk to
5 each vulnerable aged person or disabled adult through
6 utilization of standardized risk assessment instruments.
7 (h)(e) Determine the protective, treatment, and
8 ameliorative services necessary to safeguard and ensure the
9 vulnerable aged person's or disabled adult's well-being and
10 cause the delivery of those services through the early
11 intervention of the departmental worker responsible for
12 service provision and management of identified services.
13 (4)(2) No later than 60 30 days after receiving the
14 initial report, the designated protective investigative adult
15 services staff of the department shall complete the its
16 investigation and classify the report as proposed confirmed or
17 unfounded or close the report without classification and
18 notify the guardian of the vulnerable aged person or disabled
19 adult, the vulnerable aged person or disabled adult, and the
20 caregiver of any recommendations of services to be provided to
21 ameliorate the causes or effects of abuse, neglect, or
22 exploitation alleged perpetrator. These findings must be
23 reported to the department's central abuse registry and
24 tracking system. For proposed confirmed reports, after
25 receiving the final administrative order rendered in a hearing
26 requested pursuant to s. 415.103(3)(d) or after the 30-day
27 period during which an alleged perpetrator may request such a
28 hearing has expired, the department shall classify the report
29 of abuse, neglect, or exploitation as confirmed or unfounded
30 and shall report its findings to the department's central
31 abuse registry and tracking system, and must do so in
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 accordance with the final order if a hearing was held.
2 (5)(3) Whenever the law enforcement criminal justice
3 agency and the department have conducted independent
4 investigations, the law enforcement criminal justice agency
5 shall, within 5 working days after concluding its
6 investigation, report its findings from its investigation to
7 the state attorney and to the department.
8 (6)(4) Upon receipt of a report which alleges that an
9 employee or agent of the department acting in an official
10 capacity has committed an act of abuse, neglect, or
11 exploitation, the department shall commence, or cause to be
12 commenced within 24 hours, a protective services investigation
13 and shall notify the state attorney in whose circuit the
14 alleged abuse, neglect, or exploitation occurred.
15 (7)(5) With respect to any case of reported abuse,
16 neglect, or exploitation of a vulnerable an aged person or
17 disabled adult, the department, when appropriate, shall
18 transmit all relevant reports received by it which pertain to
19 the investigation to the state attorney of the circuit where
20 the incident occurred.
21 (8)(6) Within 15 days after of completion of the state
22 attorney's investigation of a case reported to him or her
23 pursuant to this section, the state attorney shall report his
24 or her findings to the department and shall include a
25 determination of whether or not prosecution is justified and
26 appropriate in view of the circumstances of the specific case.
27 (9)(7) The department shall not use a warning,
28 reprimand, or disciplinary action against an employee, found
29 in that employee's personnel records, as the sole basis for a
30 finding of abuse, neglect, or exploitation.
31 Section 13. Section 415.1045, Florida Statutes, is
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 amended to read:
2 415.1045 Protective investigations; onsite
3 investigations; Photographs, videotapes, and medical
4 examinations; abrogation of privileged communications;
5 confidential records and documents; classification or closure
6 of records.--
7 (1) PROTECTIVE INVESTIGATIONS.--
8 (a) The department shall, upon receipt of a report
9 alleging abuse or neglect of a disabled adult or an elderly
10 person, commence, or cause to be commenced within 24 hours, a
11 protective investigation of the facts alleged therein. The
12 department shall, upon receipt of a report alleging only the
13 exploitation of a disabled adult or an elderly person,
14 commence, or cause to be commenced within 24 hours, excluding
15 Saturdays, Sundays, and legal holidays, a protective
16 investigation of the facts alleged therein.
17 (b) Upon commencing an investigation, the adult
18 protective investigator shall inform all disabled adults and
19 elderly persons and alleged perpetrators named in the report
20 of the following:
21 1. The names of the investigators and identifying
22 credentials from the department.
23 2. The purpose of the investigation.
24 3. The possible consequences of the investigation.
25 4. That the victim, the victim's guardian, the
26 victim's caregiver, and the alleged perpetrator, and legal
27 counsel for any of those persons, have a right to a copy of
28 the report at the conclusion of the investigation.
29 5. That appeal rights may exist and that such rights
30 will be explained in writing when appropriate and necessary at
31 the conclusion of the investigation.
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 6. The name and telephone number of the adult
2 protective investigator's supervisor available to answer
3 questions.
4 (c) Except as provided in paragraph (d), in an
5 investigative interview, any person being interviewed may be
6 represented by an attorney, at the person's own expense, or
7 may choose to have another person present. The other person
8 present may not be an alleged perpetrator in any report
9 currently under investigation. Before participating in such
10 interview, the other person present shall execute an agreement
11 to comply with the confidentiality requirements of ss.
12 415.101-415.113. The absence of an attorney or other person
13 does not prevent the department from proceeding with other
14 aspects of the investigation, including interviews with other
15 persons.
16 (d) In an investigative interview with the disabled
17 adult or an elderly person, the protective investigator may
18 conduct the interview with no other person present.
19 (2) ONSITE INVESTIGATIONS.--For each report it
20 receives, the department shall perform an onsite investigation
21 to:
22 (a) Determine whether the person is a disabled adult
23 or an elderly person as defined in s. 415.102.
24 (b) Determine whether the person is a disabled adult
25 in need of services or an elderly person in need of services,
26 as defined in s. 415.102.
27 (c) Determine whether there is an indication that any
28 disabled adult or elderly person has been or is being abused,
29 neglected, or exploited, including a determination of the
30 immediate and long-term risk; the nature and extent of present
31 or prior injuries; and the nature and extent of any abuse,
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 neglect, or exploitation, and any evidence thereof.
2 (d) Determine whether protective and ameliorative
3 services are necessary to safeguard and ensure the disabled
4 adult's or elderly person's well-being and cause the delivery
5 of those services.
6 (e) Determine the person or persons apparently
7 responsible for the abuse, neglect, or exploitation.
8 (f) Determine the composition of the family or
9 household, including all disabled adults and elderly persons
10 named in the report, all persons in the care of the caregiver,
11 any other persons responsible for the disabled adult's or
12 elderly person's welfare, and any other adults or children in
13 the same household.
14 (g) Gather appropriate demographic data. Each person
15 must cooperate to the fullest extent possible by providing the
16 person's name, address, date of birth, social security number,
17 sex, and race to the department's representative.
18 (1)(3) PHOTOGRAPHS AND VIDEOTAPES.--
19 (a) The adult protective investigator, while
20 investigating a report of abuse, neglect, or exploitation, may
21 take or cause to be taken photographs and videotapes of the
22 vulnerable disabled adult or elderly person, and of his or her
23 the disabled adult's or elderly person's environment, which
24 are relevant to the investigation. All photographs and
25 videotapes taken during the course of the protective
26 investigation are confidential and exempt from public
27 disclosure as provided in s. 415.107.
28 (b) Any photographs or videotapes made pursuant to
29 this subsection, or copies thereof, must be sent to the
30 department as soon as possible.
31 (2)(4) MEDICAL EXAMINATIONS.--
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (a) With the consent of the vulnerable disabled adult
2 or elderly person who has the capacity to consent or the
3 vulnerable disabled adult's or elderly person's guardian, or
4 pursuant to s. 415.1051, the department may cause the
5 vulnerable disabled adult or elderly person to be referred to
6 a licensed physician or any emergency department in a hospital
7 or health care facility for medical examination, diagnosis, or
8 treatment if any of the following circumstances exist:
9 1. The areas of trauma visible on the vulnerable
10 disabled adult or elderly person indicate a need for medical
11 examination;
12 2. The vulnerable disabled adult or elderly person
13 verbally complains or otherwise exhibits signs or symptoms
14 indicating a need for medical attention as a consequence of
15 suspected abuse, neglect, or exploitation; or
16 3. The vulnerable disabled adult or elderly person is
17 alleged to have been sexually abused.
18 (b) Upon admission to a hospital or health care
19 facility, with the consent of the vulnerable disabled adult or
20 elderly person who has capacity to consent or that person's
21 guardian, or pursuant to s. 415.1051, the medical staff of the
22 facility may examine, diagnose, or treat the vulnerable
23 disabled adult or elderly person. If a person who has legal
24 authority to give consent for the provision of medical
25 treatment to a vulnerable disabled adult or elderly person has
26 not given or has refused to give such consent, examination and
27 treatment must be limited to reasonable examination of the
28 patient to determine the medical condition of the patient and
29 treatment reasonably necessary to alleviate the medical
30 condition or to stabilize the patient pending a determination
31 by the court of the department's petition authorizing
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 protective services. Any person may seek an expedited
2 judicial intervention under rule 5.900 of the Florida Probate
3 Rules concerning medical treatment procedures.
4 (c) Medical examination, diagnosis, and treatment
5 provided under this subsection must be paid for by third-party
6 reimbursement, if available, or by the vulnerable disabled
7 adult, if he or she is or elderly person or that person's
8 guardian from the disabled adult's or elderly person's assets,
9 if the disabled adult or elderly person is determined to be
10 financially able to pay; or, if he or she the disabled adult
11 or elderly person is unable to pay, the department shall pay
12 the costs within available emergency services funds.
13 (d) Reports of examination, diagnosis, and treatment
14 made under this subsection, or copies thereof, must be sent to
15 the department as soon as possible.
16 (e) This subsection does not obligate the department
17 to pay for any treatment other than that necessary to
18 alleviate the immediate presenting problems.
19 (3)(5) ABROGATION OF PRIVILEGED COMMUNICATIONS.--The
20 privileged quality of communication between husband and wife
21 and between any professional and the professional's patient or
22 client, and any other privileged communication except that
23 between attorney and client or clergy and person, as such
24 communication relates to both the competency of the witness
25 and to the exclusion of confidential communications, does not
26 apply to any situation involving known or suspected abuse,
27 neglect, or exploitation of a vulnerable disabled adult or an
28 elderly person and does not constitute grounds for failure to
29 report as required by s. 415.1034, for failure to cooperate
30 with the department in its activities under ss.
31 415.101-415.113, or for failure to give evidence in any
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 judicial or administrative proceeding relating to abuse,
2 neglect, or exploitation of a vulnerable disabled adult or an
3 elderly person.
4 (4)(6) MEDICAL, SOCIAL, OR FINANCIAL RECORDS OR
5 DOCUMENTS.--
6 (a) The adult protective investigator, while
7 investigating a report of abuse, neglect, or exploitation,
8 must have access to, inspect, and copy all medical, social, or
9 financial records or documents in the possession of any
10 person, caregiver, guardian, or facility which are relevant to
11 the allegations under investigation, unless specifically
12 prohibited by the vulnerable disabled adult or elderly person
13 who has capacity to consent.
14 (b) The confidentiality of any medical, social, or
15 financial record or document that is confidential under state
16 law does not constitute grounds for failure to:
17 1. Report as required by s. 415.1034;
18 2. Cooperate with the department in its activities
19 under ss. 415.101-415.113;
20 3. Give access to such records or documents; or
21 4. Give evidence in any judicial or administrative
22 proceeding relating to abuse, neglect, or exploitation of a
23 vulnerable disabled adult or an elderly person.
24 (5) ACCESS TO RECORDS AND DOCUMENTS.--If any person
25 refuses to allow the protective investigator to have access
26 to, inspect, or copy any medical, social, or financial record
27 or document in the possession of any person, caregiver,
28 guardian, or facility which is relevant to the allegations
29 under investigation, the department may petition the court for
30 an order requiring the person to allow access to the record or
31 document. The petition must allege specific facts sufficient
44
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 to show that the record or document is relevant to the
2 allegations under investigation and that the person refuses to
3 allow access to such record or document. If the court finds
4 by a preponderance of the evidence that the record or document
5 is relevant to the allegations under investigation, the court
6 may order the person to allow access to and permit the
7 inspection or copying of the medical, social, or financial
8 record or document.
9 (6) WORKING AGREEMENTS.--The department shall enter
10 into working agreements with the jurisdictionally responsible
11 county sheriffs' office or local police department that will
12 be the lead agency when conducting any criminal investigation
13 arising from an allegation of abuse, neglect, or exploitation
14 of a vulnerable adult. The working agreement must specify how
15 the requirements of this chapter will be met. For the purposes
16 of such agreement, the jurisdictionally responsible law
17 enforcement entity is authorized to share Florida criminal
18 history and local criminal history information that is not
19 otherwise exempt from s. 119.07(1) with the district
20 personnel. A law enforcement entity entering into such
21 agreement must comply with s. 943.0525. Criminal justice
22 information provided by such law enforcement entity shall be
23 used only for the purposes specified in the agreement and
24 shall be provided at no charge. Notwithstanding any other
25 provision of law, the Department of Law Enforcement shall
26 provide to the department electronic access to Florida
27 criminal justice information which is lawfully available and
28 not exempt from s. 119.07(1), only for the purpose of
29 protective investigations and emergency placement. As a
30 condition of access to such information, the department shall
31 be required to execute an appropriate user agreement
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 addressing the access, use, dissemination, and destruction of
2 such information and to comply with all applicable laws and
3 rules of the Department of Law Enforcement.
4 (7) CLASSIFICATIONS AND CLOSURES.--No later than 45
5 days after receiving an initial report in which the department
6 has jurisdiction, the adult protective investigator shall
7 complete the investigation and classify the report as proposed
8 confirmed or unfounded, or close the report without
9 classification. The adult protective investigator must
10 document the details of the investigation, close the report,
11 and enter the data into the central abuse registry and
12 tracking system no later than 60 days after receiving the
13 initial report.
14 Section 14. Section 415.105, Florida Statutes, is
15 amended to read:
16 415.105 Provision of protective services with consent;
17 withdrawal of consent; interference.--
18 (1) PROTECTIVE SERVICES WITH CONSENT.--If the
19 department determines through its investigation that a
20 vulnerable disabled adult or an elderly person demonstrates a
21 need for protective services or protective supervision, the
22 department shall immediately provide, or arrange for the
23 provision of, protective services or protective supervision,
24 including in-home services, provided that the vulnerable
25 disabled adult or elderly person consents. A vulnerable adult
26 disabled person in need of services as defined in s. 415.102
27 shall be referred to the community care for disabled adults
28 program, or. An elderly person in need of services as defined
29 in s. 415.102 shall be referred to the community care for the
30 elderly program administered by the Department of Elderly
31 Affairs.
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (2) WITHDRAWAL OF CONSENT.--If the vulnerable disabled
2 adult or elderly person withdraws consent to the receipt of
3 protective services or protective supervision, the services
4 may not be provided, except pursuant to s. 415.1051.
5 (3) INTERFERENCE WITH THE PROVISION OF PROTECTIVE
6 SERVICES.--When any person refuses to allow the provision of
7 protective services to a vulnerable adult who has the capacity
8 to consent to services, the department shall petition the
9 court for an order enjoining the person from interfering with
10 the provision of protective services. The petition must
11 allege specific facts sufficient to show that the vulnerable
12 adult is in need of protective services and that the person
13 refuses to allow the provision of such services. If the court
14 finds by clear and convincing evidence that the vulnerable
15 adult is in need of protective services and that the person
16 refuses to allow the provision of such services, the court may
17 issue an order enjoining the person from interfering with the
18 provision of protective services to the vulnerable adult.
19 Section 15. Section 415.1051, Florida Statutes, is
20 amended to read:
21 415.1051 Protective services interventions when
22 capacity to consent is lacking; nonemergencies; emergencies;
23 orders; limitations.--
24 (1) NONEMERGENCY PROTECTIVE SERVICES
25 INTERVENTIONS.--If the department has reasonable cause to
26 believe that a vulnerable disabled adult or elderly person is
27 being abused, neglected, or exploited and is in need of
28 protective services but lacks the capacity to consent to
29 protective services, the department shall petition the court
30 for an order authorizing the provision of protective services.
31 (a) Nonemergency protective services petition.--The
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 petition must state the name, age, and address of the
2 vulnerable disabled adult or elderly person, allege specific
3 facts sufficient to show that the vulnerable disabled adult or
4 elderly person is in need of protective services and lacks the
5 capacity to consent to them, and indicate the services needed.
6 (b) Notice.--Notice of the filing of the petition and
7 a copy of the petition must be given to the vulnerable
8 disabled adult or elderly person, to that person's spouse,
9 guardian, and legal counsel, and, when known, to the adult
10 children or next of kin of the vulnerable disabled adult or
11 elderly person. Such notice must be given at least 5 days
12 before the hearing.
13 (c) Hearing.--
14 1. The court shall set the case for hearing within 14
15 days after the filing of the petition. The vulnerable
16 disabled adult or elderly person and any person given notice
17 of the filing of the petition have the right to be present at
18 the hearing. The department must make reasonable efforts to
19 ensure the presence of the vulnerable disabled adult or
20 elderly person at the hearing.
21 2. The vulnerable disabled adult or elderly person has
22 the right to be represented by legal counsel at the hearing.
23 The court shall appoint legal counsel to represent a
24 vulnerable disabled adult or elderly person who is without
25 legal representation.
26 3. The court shall determine whether:
27 a. Protective services, including in-home services,
28 are necessary. for the disabled adult or elderly person; and
29 b. The vulnerable disabled adult or elderly person
30 lacks the capacity to consent to the provision of such
31 services.
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (d) Hearing findings.--If at the hearing the court
2 finds by clear and convincing evidence that the vulnerable
3 disabled adult or elderly person is in need of protective
4 services and lacks the capacity to consent to protective
5 services, the court may issue an order authorizing the
6 provision of protective services. If an order for protective
7 services is issued, it must include a statement of the
8 services to be provided and designate an individual or agency
9 to be responsible for performing or obtaining the essential
10 services on behalf of the vulnerable disabled adult or elderly
11 person or otherwise consenting to protective services on
12 behalf of the vulnerable disabled adult or elderly person.
13 (e) Continued protective services.--
14 1. No more than 60 days after the date of the order
15 authorizing the provision of protective services, the
16 department shall petition the court to determine whether:
17 a. Protective services will be continued with the
18 consent of the vulnerable disabled adult or elderly person
19 pursuant to subsection (1);
20 b. Protective services will be continued for the
21 vulnerable disabled adult or elderly person who lacks
22 capacity;
23 c. Protective services will be discontinued; or
24 d. A petition for guardianship should be filed
25 pursuant to chapter 744.
26 2. If the court determines that a petition for
27 guardianship should be filed pursuant to chapter 744, the
28 court, for good cause shown, may order continued protective
29 services until it makes a determination regarding the disabled
30 adult's or elderly person's capacity.
31 (f) Costs.--The costs of services ordered under this
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 section must be paid by the perpetrator if the perpetrator is
2 financially able to do so; or by third-party reimbursement, if
3 available. If the vulnerable disabled adult or elderly person
4 is unable to pay for guardianship, application may be made to
5 the public guardian for public guardianship services, if
6 available.
7 (2) EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If
8 the department has reasonable cause to believe that a
9 vulnerable disabled adult or an elderly person is suffering
10 from abuse or neglect that presents a risk of death or serious
11 physical injury to the vulnerable disabled adult or elderly
12 person and that the vulnerable disabled adult or elderly
13 person lacks the capacity to consent to emergency protective
14 services, the department may take action under this
15 subsection. If the vulnerable disabled adult or elderly
16 person has the capacity to consent and refuses consent to
17 emergency protective services, emergency protective services
18 may not be provided.
19 (a) Emergency entry of premises.--If, upon arrival at
20 the scene of the incident, consent is not obtained for access
21 to the alleged victim for purposes of conducting a protective
22 investigation under this subsection and the department has
23 reason to believe that the situation presents a risk of death
24 or serious physical injury, a representative of the department
25 and a law enforcement officer may forcibly enter the premises.
26 If, after obtaining access to the alleged victim, it is
27 determined through a personal assessment of the situation that
28 no emergency exists and there is no basis for emergency
29 protective services intervention under this subsection, the
30 department shall terminate the emergency entry and may provide
31 protective services with the consent of the disabled adult or
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 elderly person or may petition the court to provide
2 nonemergency protective services or protective supervision
3 pursuant to subsection (1).
4 (b) Emergency removal from premises.--If it appears
5 that the vulnerable disabled adult or elderly person lacks the
6 capacity to consent to emergency protective services and that
7 the vulnerable disabled adult or elderly person, from the
8 personal observations of the representative of the department
9 and specified medical personnel or law enforcement officers,
10 is likely to incur a risk of death or serious physical injury
11 if such person is not immediately removed from the premises,
12 then the representative of the department shall transport or
13 arrange for the transportation of the vulnerable disabled
14 adult or elderly person to an appropriate medical or
15 protective services facility in order to provide emergency
16 protective services. Law enforcement personnel have a duty to
17 transport when medical transportation is not available or
18 needed and the vulnerable disabled adult or elderly person
19 presents a threat of injury to self or others. If the
20 vulnerable disabled adult's or elderly person's caregiver or
21 guardian is present, the adult protective investigator must
22 seek the caregiver's or guardian's consent pursuant to
23 subsection (4) before the vulnerable disabled adult or elderly
24 person may be removed from the premises, unless the adult
25 protective investigator suspects that the vulnerable disabled
26 adult's or elderly person's caregiver or guardian has caused
27 the abuse, neglect, or exploitation to the disabled adult or
28 elderly person. The department shall, within 24 hours after
29 providing or arranging for emergency removal of the vulnerable
30 disabled adult or elderly person, excluding Saturdays,
31 Sundays, and legal holidays, petition the court for an order
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 authorizing emergency protective services.
2 (c) Emergency medical treatment.--If, upon admission
3 to a medical facility, it is the opinion of the medical staff
4 that immediate medical treatment is necessary to prevent
5 serious physical injury or death, and that such treatment does
6 not violate a known health care advance directive prepared by
7 the vulnerable disabled adult or elderly person, the medical
8 facility may proceed with treatment to the vulnerable disabled
9 adult or elderly person. If a person with legal authority to
10 give consent for the provision of medical treatment to a
11 vulnerable disabled adult or an elderly person has not given
12 or has refused to give such consent, examination and treatment
13 must be limited to reasonable examination of the patient to
14 determine the medical condition of the patient and treatment
15 reasonably necessary to alleviate the emergency medical
16 condition or to stabilize the patient pending court
17 determination of the department's petition authorizing
18 emergency protective services. Any person may seek an
19 expedited judicial intervention under rule 5.900 of the
20 Florida Probate Rules concerning medical treatment procedures.
21 (d) Emergency protective services petition.--A
22 petition filed under this subsection must state the name, age,
23 and address of the vulnerable disabled adult or elderly person
24 and allege the facts constituting the emergency protective
25 services intervention and subsequent removal of the vulnerable
26 disabled adult or elderly person or provision of in-home
27 services, the facts relating to the capacity of the vulnerable
28 disabled adult or elderly person to consent to services, the
29 efforts of the department to obtain consent, and the services
30 needed or delivered.
31 (e) Notice.--Notice of the filing of the emergency
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 protective services petition and a copy of the petition must
2 be given to the vulnerable disabled adult or elderly person,
3 to that person's spouse, to that person's guardian, if any, to
4 legal counsel representing the vulnerable disabled adult or
5 elderly person, and, when known, to adult children or next of
6 kin of the vulnerable disabled adult or elderly person. Such
7 notice must be given at least 24 hours before any hearing on
8 the petition for emergency protective services.
9 (f) Hearing.--When emergency removal has occurred
10 under this subsection, a hearing must be held within 4 days
11 after the filing of the emergency protective services
12 petition, excluding Saturday, Sunday, and legal holidays, to
13 establish reasonable cause for grounds to continue emergency
14 protective services.
15 1. The court shall determine, by clear and convincing
16 evidence, whether an emergency existed which justified the
17 emergency protective services intervention, whether the
18 vulnerable disabled adult or elderly person is in need of
19 emergency protective services, whether the vulnerable disabled
20 adult or elderly person lacks the capacity to consent to
21 emergency protective services, and whether:
22 a. Emergency protective services will continue with
23 the consent of the vulnerable disabled adult or elderly person
24 pursuant to s. 415.105(1);
25 b. Emergency protective services will continue without
26 the consent of the vulnerable disabled adult or elderly person
27 pursuant to subsection (2); or
28 c. Emergency protective services will be discontinued.
29 2. The vulnerable disabled adult or elderly person has
30 the right to be represented by legal counsel at the hearing.
31 The court shall appoint legal counsel to represent a
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 vulnerable disabled adult or an elderly person who is without
2 legal representation.
3 3. The department must make reasonable efforts to
4 ensure the presence of the vulnerable disabled adult or
5 elderly person at the hearing.
6 4. If an order to continue emergency protective
7 services is issued, it must state the services to be provided
8 and designate an individual or agency to be responsible for
9 performing or obtaining the essential services on behalf of
10 the disabled adult or elderly person, or otherwise consenting
11 to protective services on behalf of the vulnerable disabled
12 adult or elderly person.
13 (g) Continued emergency protective services.--
14 1. Not more than 60 days after the date of the order
15 authorizing the provision of emergency protective services,
16 the department shall petition the court to determine whether:
17 a. Emergency protective services will be continued
18 with the consent of the vulnerable disabled adult or elderly
19 person pursuant to subsection (1);
20 b. Emergency protective services will be continued for
21 the vulnerable disabled adult or elderly person who lacks
22 capacity;
23 c. Emergency protective services will be discontinued;
24 or
25 d. A petition should be filed under chapter 744.
26 2. If it is decided to file a petition under chapter
27 744, for good cause shown, the court may order continued
28 emergency protective services until a determination is made by
29 the court regarding the disabled adult's or elderly person's
30 capacity.
31 (h) Costs.--The costs of services ordered under this
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 section must be paid by the perpetrator if the perpetrator is
2 financially able to do so, or by third-party reimbursement, if
3 available. If the disabled adult or elderly person is unable
4 to pay for guardianship, application may be made to the public
5 guardian for public guardianship services, if available.
6 (3) PROTECTIVE SERVICES ORDER.--In ordering any
7 protective services under this section, the court shall adhere
8 to the following limitations:
9 (a) Only such protective services as are necessary to
10 ameliorate the conditions creating the abuse, neglect, or
11 exploitation may be ordered, and the court shall specifically
12 designate the approved services in the order of the court.
13 (b) Protective services ordered may not include a
14 change of residence, unless the court specifically finds such
15 action is necessary to ameliorate the conditions creating the
16 abuse, neglect, or exploitation and the court gives specific
17 approval for such action in the order. Placement may be made
18 to such facilities as adult family-care homes, assisted living
19 facilities, or nursing homes, or to other appropriate
20 facilities. Placement may not be made to facilities for the
21 acutely mentally ill, except as provided in chapter 394.
22 (c) If an order to continue emergency protective
23 services is issued, it must include the designation of an
24 individual or agency to be responsible for performing or
25 obtaining the essential services on behalf of the vulnerable
26 disabled adult or elderly person or otherwise consenting to
27 protective services on behalf of the vulnerable disabled adult
28 or elderly person.
29 (4) PROTECTIVE SERVICES INTERVENTIONS WITH CAREGIVER
30 OR GUARDIAN PRESENT.--
31 (a) When a vulnerable disabled adult or an elderly
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 person who lacks the capacity to consent has been identified
2 in a report as the victim of abuse, neglect, or exploitation
3 and evidences a need for emergency or nonemergency protective
4 services or protective supervision, and a caregiver or
5 guardian who is responsible for the care of the disabled adult
6 or elderly person is present, the adult protective
7 investigator must first request consent from the caregiver or
8 guardian, if present, before providing protective services or
9 protective supervision, unless the adult protective
10 investigator suspects that the disabled adult's or elderly
11 person's caregiver or guardian has caused the abuse, neglect,
12 or exploitation of the disabled adult or elderly person.
13 (b) If the caregiver or guardian agrees to engage or
14 provide services designed to prevent further abuse, neglect,
15 or exploitation, the department may provide protective
16 supervision for the disabled adult or elderly person.
17 (c) If the caregiver or guardian refuses to give
18 consent or later withdraws consent to agreed-upon services, or
19 otherwise fails to provide needed care and supervision, the
20 department may provide emergency protective services as
21 provided in subsection (2). If emergency protective services
22 are so provided, the department must then petition the court
23 for an order to provide emergency protective services under
24 subsection (3).
25 (5) INTERFERENCE WITH COURT-ORDERED PROTECTIVE
26 SERVICES.--When a court order exists authorizing protective
27 services for a vulnerable adult who lacks capacity to consent
28 and any person interferes with the provision of such
29 court-ordered protective services, the appropriate law
30 enforcement agency shall enforce the order of the court.
31 (6)(5) LIMITATIONS.--This section does not limit in
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 any way the authority of the court or a criminal justice
2 officer, or any other duly appointed official, to intervene in
3 emergency circumstances under existing statutes. This section
4 does not limit the authority of any person to file a petition
5 for guardianship under chapter 744.
6 Section 16. Section 415.1052, Florida Statutes, is
7 amended to read:
8 415.1052 Interference with investigation or with the
9 provision of protective services.--
10 (1) If, upon arrival of the adult protective
11 investigator, any person refuses to allow the department to
12 begin a protective investigation, interferes with the
13 department's ability to conduct such an investigation, or
14 refuses to give access to the vulnerable disabled adult or
15 elderly person, the appropriate law enforcement agency must be
16 contacted to assist the department in commencing the
17 protective investigation.
18 (2) If any person refuses to allow the adult
19 protective investigator to have access to, inspect, or copy
20 any medical, social, or financial record or document in the
21 possession of any person, caregiver, guardian, or facility
22 which is relevant to the allegations under investigation, the
23 department may petition the court for an order requiring the
24 person to give access to the record or document. The petition
25 must allege specific facts sufficient to show that the record
26 or document is relevant to the allegations under investigation
27 and that the person refuses to give access to such record or
28 document. If the court finds by a preponderance of the
29 evidence that the record or document is relevant to the
30 allegations under investigation, the court may order the
31 person to give access to and permit the inspection or copying
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 of the medical, social, or financial record or document.
2 (2)(3) When any person refuses to allow the provision
3 of protective services to the vulnerable disabled adult or
4 elderly person who has the capacity to consent to services,
5 the department shall petition the court for an order enjoining
6 the person from interfering with the provision of protective
7 services. The petition must allege specific facts sufficient
8 to show that the vulnerable disabled adult or elderly person
9 is in need of protective services and that the person refuses
10 to allow the provision of such services. If the court finds
11 by clear and convincing evidence that the vulnerable disabled
12 adult or elderly person is in need of protective services and
13 that the person refuses to allow the provision of such
14 services, the court may issue an order enjoining the person
15 from interfering with the provision of protective services to
16 the vulnerable disabled adult or elderly person.
17 (4) When a court order exists authorizing protective
18 services for a disabled adult or an elderly person who lacks
19 capacity to consent and any person interferes with the
20 provision of such court-ordered protective services to the
21 disabled adult or elderly person, the appropriate law
22 enforcement agency shall enforce the order of the court.
23 Section 17. Section 415.1055, Florida Statutes, is
24 amended to read:
25 415.1055 Notification to administrative entities,
26 subjects, and reporters; notification to law enforcement and
27 state attorneys.--
28 (1) NOTIFICATION TO ADMINISTRATIVE ENTITIES.--
29 (a) The department shall, within 24 hours after
30 receipt of a report of abuse, neglect, or exploitation of a
31 disabled adult or an elderly person within a facility,
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 excluding Saturdays, Sundays, and legal holidays, notify the
2 appropriate human rights advocacy committee and the long-term
3 care ombudsman council, in writing, that the department has
4 reasonable cause to believe that a disabled adult or an
5 elderly person has been abused, neglected, or exploited at the
6 facility.
7 (1)(b) Upon receipt of a report that alleges that an
8 employee or agent of the department or the Department of
9 Elderly Affairs, acting in an official capacity, has committed
10 an act of abuse, neglect, or exploitation, the department
11 shall notify the state attorney in whose circuit the abuse,
12 neglect, or exploitation occurred. This notification may be
13 oral or written.
14 (2)(c) If at any time during a protective
15 investigation the department has reasonable cause to believe
16 that a vulnerable disabled adult or an elderly person has been
17 abused, neglected, or exploited by another person, the state
18 attorney having jurisdiction in the county in which the abuse,
19 neglect, or exploitation occurred shall be notified
20 immediately, either orally or in writing.
21 (3)(d) If at any time during a protective
22 investigation the department has reasonable cause to believe
23 that a vulnerable disabled adult or an elderly person has been
24 abused, neglected, or exploited by another person, the
25 appropriate law enforcement agency shall be immediately
26 notified. Such agency may begin a criminal investigation
27 concurrent with or independent of the protective investigation
28 of the department. This notification may be oral or written.
29 (4)(e) If at any time during a protective
30 investigation the department has reasonable cause to believe
31 that abuse, neglect, or exploitation of a vulnerable disabled
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 adult or an elderly person has occurred within a facility that
2 receives Medicaid funds, the department shall notify the
3 Medicaid Fraud Control Unit within the Department of Legal
4 Affairs, Office of the Attorney General, in order that it may
5 begin an investigation concurrent with the protective
6 investigation of the department. This notification may be oral
7 or written.
8 (5)(f) If at any time during a protective
9 investigation the department has reasonable cause to believe
10 that an employee of a facility, as defined in s. 415.102(13),
11 is the alleged perpetrator of abuse, neglect, or exploitation
12 of a vulnerable disabled adult or an elderly person, the
13 department shall notify the Agency for Health Care
14 Administration, Division of Health Quality Assurance, in
15 writing.
16 (6)(g) If at any time during a protective
17 investigation the department has reasonable cause to believe
18 that professional licensure violations have occurred, the
19 department shall notify the Division of Medical Quality
20 Assurance within the Department of Health. This notification
21 must be in writing.
22 (7)(h) When a report has been classified as proposed
23 confirmed, The department shall notify the state attorney
24 having jurisdiction in the county in which the abuse, neglect,
25 or exploitation occurred. The department may submit a report
26 that has been closed without classification if evidence
27 indicates that further criminal investigation is warranted.
28 This notification must be in writing.
29 (8)(i) At the conclusion of a protective investigation
30 at a facility, the department shall notify either the human
31 rights advocacy committee or long-term care ombudsman council
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 of the results of the investigation. This notification must
2 be in writing.
3 (j) At the conclusion of a protective investigation,
4 the department shall notify the Agency for Health Care
5 Administration when a licensee or a certified nursing
6 assistant has been named as perpetrator in a report that has
7 been classified as proposed confirmed or confirmed. This
8 notification must be in writing.
9 (9)(k) When a report has been classified as proposed
10 confirmed in cases involving a guardian of the person or
11 property, or both, is received, the department shall notify
12 the probate court having jurisdiction over the guardianship,
13 of the proposed confirmed report. This notification must be in
14 writing.
15 (10) When a report has been received and the
16 department has reason to believe that a vulnerable adult
17 resident of a facility licensed by the Agency for Health Care
18 Administration has been the victim of abuse, neglect, or
19 exploitation, the department shall provide a copy of its
20 investigation to the agency. If the investigation determines
21 that a health professional licensed or certified under the
22 Department of Health may have abused, neglected, or exploited
23 a vulnerable adult, the department shall also provide a copy
24 to the Department of Health.
25 (2) NOTIFICATION TO OTHER PERSONS.--
26 (a) In the case of a report that has been classified
27 as unfounded, notice of the classification must be given to
28 the disabled adult or elderly person, the guardian of that
29 person, the caregiver of that person, and the person who had
30 been named as the alleged perpetrator. The notice must be
31 sent by regular mail and must advise the recipient that the
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 report will be expunged in 1 year.
2 (b) If a report has been classified as proposed
3 confirmed, notice of the classification must be given to the
4 disabled adult or elderly person, the guardian of that person,
5 the caregiver of that person, and the alleged perpetrator, and
6 legal counsel, if known, for those persons.
7 1. The notice must state the nature of the alleged
8 abuse, neglect, or exploitation and the facts that are alleged
9 to support the proposed confirmed classification.
10 2. The notice must advise the recipient of the
11 recipient's right to request a copy of the report within 60
12 days after receipt of the notice.
13 3. The notice must clearly advise the alleged
14 perpetrator that the alleged perpetrator has the right to
15 request amendment or expunction of the report within 60 days
16 after receipt of the notice, and that failure to request
17 amendment or expunction within 60 days means that the report
18 will be reclassified as confirmed at the expiration of the 60
19 days and that the alleged perpetrator agrees not to contest
20 the classification of the report. No further administrative or
21 judicial proceedings in the matter are allowed.
22 4. The notice must state that, if the report becomes
23 confirmed, the alleged perpetrator may be disqualified from
24 working with children, the developmentally disabled, disabled
25 adults, and elderly persons.
26 5. Notice of a proposed confirmed report must be
27 personally served upon the alleged perpetrator in this state
28 by an adult protective investigator, a sheriff, or a private
29 process server in the district in which the alleged
30 perpetrator resides, works, or can be found. Proof of service
31 of the notice must be by affidavit prepared by the individual
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 serving the notice upon the alleged perpetrator. The
2 affidavit must state the name of the person serving the
3 notice, the name of the alleged perpetrator served, the
4 location at which the alleged perpetrator was served, and the
5 time the notice was served. If the notice of a proposed
6 confirmed report cannot be personally served upon the alleged
7 perpetrator in this state or if the alleged perpetrator does
8 not reside in this state, the notice of the proposed confirmed
9 report must be sent by certified mail, return receipt
10 requested, forwarding and address correction requested, to the
11 last known address of the alleged perpetrator. If an alleged
12 perpetrator cannot be served either by personal service or by
13 certified mail, the record of the proposed confirmed report
14 must be maintained pursuant to s. 415.1065.
15 6. Notice to other named persons may be sent by
16 regular mail, with the department giving notice to the
17 caregiver, the guardian, legal counsel for all parties, and
18 the disabled adult or elderly person.
19 7. If a proposed confirmed report becomes confirmed
20 because the alleged perpetrator fails to make a timely request
21 to amend or expunge the proposed confirmed report, the
22 department must give notice of the confirmed classification to
23 the perpetrator and the perpetrator's legal counsel.
24 a. Notice of the confirmed classification must inform
25 the perpetrator that the perpetrator may be disqualified from
26 working with children, the developmentally disabled, disabled
27 adults, and elderly persons.
28 b. The notice must inform the perpetrator that further
29 departmental proceedings in the matter are not allowed.
30 c. The notice of the confirmed classification must be
31 sent by certified mail, return receipt requested.
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (c) If a report is closed without classification,
2 notice must be given to the guardian of the disabled adult or
3 elderly person, the disabled adult or elderly person, the
4 caregiver of that person, any person or facility named in the
5 report, and the person who had been named as the alleged
6 perpetrator. The notice must be sent by regular mail and must
7 advise the recipient that:
8 1. The report will be retained for 7 years.
9 2. The recipient has a right to request a copy of this
10 report.
11 3. Any person or facility named in a report classified
12 as closed without classification has the right to request
13 amendment or expunction of the report within 60 days after the
14 receipt of the notice, and that failure to request amendment
15 or expunction within 60 days means that the report will remain
16 classified as closed without classification and that the
17 person agrees not to contest the classification of the report.
18 No further proceeding will be allowed in this matter.
19 (d) In the case of a report that has been determined
20 by an adult protective services investigator to be either a
21 disabled adult in need of services or an elderly person in
22 need of services, as defined in s. 415.102, no classification
23 of the report shall be made and no notification shall be
24 required.
25 (e) The department shall adopt rules prescribing the
26 content of the notices to be provided and requiring uniformity
27 of content and appearance of each notice of classification or
28 closure without classification.
29 (3) NOTIFICATION BY LAW ENFORCEMENT AND STATE
30 ATTORNEYS.--
31 (a) Whenever the law enforcement agency and the
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 department have conducted independent investigations, the law
2 enforcement agency shall, within 5 working days after
3 concluding its investigation, report its findings to the
4 department and to the state attorney.
5 (b) Within 15 days after completion of an
6 investigation of a case reported to the state attorney under
7 this section, the state attorney shall report the findings to
8 the department and shall include a determination of whether or
9 not prosecution is justified and appropriate in view of the
10 circumstances of the specific case.
11 Section 18. Subsections (2) and (3) of section
12 415.106, Florida Statutes, are amended to read:
13 415.106 Cooperation by the department and criminal
14 justice and other agencies.--
15 (2) To ensure coordination, communication, and
16 cooperation with the investigation of abuse, neglect, or
17 exploitation of vulnerable disabled adults or elderly persons,
18 the department shall develop and maintain interprogram
19 agreements or operational procedures among appropriate
20 departmental programs and the State Long-Term Care Ombudsman
21 Council, the Statewide Human Rights Advocacy Committee, and
22 other agencies that provide services to vulnerable disabled
23 adults or elderly persons. These agreements or procedures must
24 cover such subjects as the appropriate roles and
25 responsibilities of the department in identifying and
26 responding to reports of abuse, neglect, or exploitation of
27 vulnerable disabled adults or elderly persons; the provision
28 of services; and related coordinated activities.
29 (3) To the fullest extent possible, the department
30 shall cooperate with and seek cooperation from all appropriate
31 public and private agencies, including health agencies,
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 educational agencies, social service agencies, courts,
2 organizations, or programs providing or concerned with human
3 services related to the prevention, identification, or
4 treatment of abuse, neglect, or exploitation of vulnerable
5 disabled adults and elderly persons.
6 Section 19. Section 415.107, Florida Statutes, is
7 amended to read:
8 415.107 Confidentiality of reports and records.--
9 (1) In order to protect the rights of the individual
10 or other persons responsible for the welfare of a vulnerable
11 disabled adult or an elderly person, all records concerning
12 reports of abuse, neglect, or exploitation of the vulnerable
13 disabled adult or elderly person, including reports made to
14 the central abuse hotline registry and tracking system, and
15 all records generated as a result of such reports shall be
16 confidential and exempt from s. 119.07(1) and may not be
17 disclosed except as specifically authorized by ss.
18 415.101-415.113.
19 (2) Upon the request of the committee chairperson,
20 access to all records shall be granted to staff of the
21 legislative committees with jurisdiction over issues and
22 services related to vulnerable adults, or over the department.
23 All confidentiality provisions that apply to the Department of
24 Children and Family Services continue to apply to the records
25 made available to legislative staff under this subsection.
26 (3)(2) Access to all records, excluding the name of
27 the reporter which shall be released only as provided in
28 subsection (6), shall be granted only to the following
29 persons, officials, and agencies:
30 (a) Employees or agents of the department, of the
31 Agency for Health Care Administration, or of the Department of
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 Elderly Affairs who are responsible for carrying out adult
2 protective investigations, ongoing adult protective services,
3 or licensure or approval of nursing homes, assisted living
4 facilities, adult day care centers, adult family-care homes,
5 home care for the elderly, hospices, or other facilities used
6 for the placement of vulnerable disabled adults or elderly
7 persons.
8 (b) A criminal justice agency investigating a report
9 of known or suspected abuse, neglect, or exploitation of a
10 vulnerable disabled adult or an elderly person.
11 (c) The state attorney of the judicial circuit in
12 which the vulnerable disabled adult or elderly person resides
13 or in which the alleged abuse, neglect, or exploitation
14 occurred.
15 (d) Any victim, the victim's person who is the subject
16 of a report or the subject's guardian, caregiver, or legal
17 counsel, and any person who the department has determined
18 might be abusing, neglecting, or exploiting the victim.
19 (e) A court, by subpoena, upon its finding that access
20 to such records may be necessary for the determination of an
21 issue before the court; however, such access must be limited
22 to inspection in camera, unless the court determines that
23 public disclosure of the information contained in such records
24 is necessary for the resolution of an issue then pending
25 before it.
26 (f) A grand jury, by subpoena, upon its determination
27 that access to such records is necessary in the conduct of its
28 official business.
29 (g) Any appropriate official of the human rights
30 advocacy committee or long-term care ombudsman council
31 investigating a report of known or suspected abuse, neglect,
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 or exploitation of a vulnerable disabled adult or an elderly
2 person.
3 (h) Any appropriate official of the department, of the
4 Agency for Health Care Administration, or of the Department of
5 Elderly Affairs who is responsible for:
6 1. Administration or supervision of the programs for
7 the prevention, investigation, or treatment of adult abuse,
8 neglect, or exploitation of vulnerable adults when carrying
9 out an official function; or
10 2. Taking appropriate administrative action concerning
11 an employee alleged to have perpetrated institutional abuse,
12 neglect, or exploitation of a vulnerable disabled adult in an
13 institution or an elderly person.
14 (i) Any person engaged in bona fide research or
15 auditing. However, information identifying the subjects of the
16 report must not be made available to the researcher.
17 (j) Employees or agents of an agency of another state
18 that has jurisdiction comparable to the jurisdiction described
19 in paragraph (a).
20 (k) The Public Employees Relations Commission for the
21 sole purpose of obtaining evidence for appeals filed pursuant
22 to s. 447.207. Records may be released only after deletion of
23 all information that specifically identifies persons other
24 than the employee.
25 (l) Any person in the event of the death of a
26 vulnerable disabled adult or elderly person determined to be a
27 result of abuse, neglect, or exploitation. Information
28 identifying the person reporting abuse, neglect, or
29 exploitation shall not be released. Any information otherwise
30 made confidential or exempt by law shall not be released
31 pursuant to this paragraph.
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (3) The Division of Administrative Hearings may have
2 access to a proposed confirmed or a confirmed report,
3 excluding the name of the reporter, for purposes of any
4 administrative challenge relating to a proposed confirmed or
5 confirmed report.
6 (4) The Department of Health, the Department of
7 Business and Professional Regulation, and the Agency for
8 Health Care Administration may have access to a confirmed
9 report, excluding the name of the reporter, when considering
10 taking disciplinary action against a licensee or certified
11 nursing assistant pursuant to allegations for actions that
12 resulted in a confirmed report of abuse, neglect, or
13 exploitation which has been upheld following a chapter 120
14 hearing or a waiver of such proceedings.
15 (5) The department may release to any professional
16 person such information as is necessary for the diagnosis and
17 treatment of, and service delivery to, a vulnerable disabled
18 adult or an elderly person or the person perpetrating the
19 abuse, neglect, or exploitation.
20 (6) The identity of any person reporting adult abuse,
21 neglect, or exploitation of a vulnerable adult may not be
22 released, without that person's written consent, to any person
23 other than employees of the department responsible for adult
24 protective services, the central abuse hotline registry and
25 tracking system, or the appropriate state attorney or law
26 enforcement agency. This subsection grants protection only
27 for the person who reported the adult abuse, neglect, or
28 exploitation and protects only the fact that the person is the
29 reporter. This subsection does not prohibit the subpoena of a
30 person reporting the adult abuse, neglect, or exploitation
31 when deemed necessary by the state attorney or the department
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 to protect a vulnerable disabled adult or an elderly person
2 who is the subject of a report, if the fact that the person
3 made the report is not disclosed.
4 (7) For the purposes of this section, the term
5 "access" means a visual inspection or copy of the hard-copy
6 record maintained in the district.
7 (8) Information in the central abuse hotline may not
8 be used for employment screening.
9 (8) The department, upon receipt of the applicable
10 fee, shall search its central abuse registry and tracking
11 system records pursuant to the requirements of ss. 110.1127,
12 393.0655, 394.457, 397.451, 400.506, 400.509, 400.512,
13 402.305(1), 402.3055, 402.313, 409.175, 409.176, and 985.407
14 for the existence of a confirmed report made on the personnel
15 as defined in the foregoing provisions. The department shall
16 report the existence of any confirmed report and advise the
17 authorized licensing agency, applicant for licensure, or other
18 authorized agency or person of the results of the search and
19 the date of the report. Prior to a search being conducted, the
20 department or its designee shall notify such person that an
21 inquiry will be made. The department shall notify each person
22 for whom a search is conducted of the results of the search
23 upon request.
24 (9) Upon receipt of the applicable fee and with the
25 written consent of a person applying to work with disabled
26 adults or elderly persons, the department shall search its
27 central abuse registry and tracking system for the existence
28 of a confirmed report. The department shall advise the
29 employer and the person of any such report found and the
30 results of the investigation.
31 (10) The department may charge a user fee to an
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 employer or the agency in charge of a volunteer, whichever is
2 applicable, for a search of the central abuse registry and
3 tracking system of up to one-third of the actual cost of the
4 screening process. All fees received by the department under
5 this section shall be deposited in an administrative trust
6 fund of the department and may be expended only for the
7 caregiver screening program.
8 Section 20. Section 415.1102, Florida Statutes, is
9 amended to read:
10 415.1102 Adult protection teams; services; eligible
11 cases.--Subject to an appropriation, the department may
12 develop, maintain, and coordinate the services of one or more
13 multidisciplinary adult protection teams in each of the
14 districts of the department. Such teams may be composed of,
15 but need not be limited to, representatives of appropriate
16 health, mental health, social service, legal service, and law
17 enforcement agencies.
18 (1) The department shall utilize and convene the teams
19 to supplement the protective services activities of the adult
20 protective services program of the department. This section
21 does not prevent a person from reporting under s. 415.1034 all
22 suspected or known cases of abuse, neglect, or exploitation of
23 a vulnerable disabled adult or an elderly person. The role of
24 the teams is to support activities of the adult protective
25 services program and to provide services deemed by the teams
26 to be necessary and appropriate to abused, neglected, and
27 exploited vulnerable disabled adults or elderly persons upon
28 referral. Services must be provided with the consent of the
29 vulnerable disabled adult, or elderly person or that person's
30 guardian, or through court order. The specialized diagnostic
31 assessment, evaluation, coordination, and other supportive
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 services that an adult protection team must be capable of
2 providing include, but are not limited to:
3 (a) Medical diagnosis and evaluation services,
4 including provision or interpretation of X rays and laboratory
5 tests, and related services, as needed, and documentation of
6 findings relative thereto.
7 (b) Telephone consultation services in emergencies and
8 in other situations.
9 (c) Medical evaluation related to abuse, neglect, or
10 exploitation as defined by department policy or rule.
11 (d) Psychological and psychiatric diagnosis and
12 evaluation services for the disabled adult or elderly person.
13 (e) Short-term psychological treatment. It is the
14 intent of the Legislature that short-term psychological
15 treatment be limited to no more than 6 months' duration after
16 treatment is initiated.
17 (f) Expert medical, psychological, and related
18 professional testimony in court cases.
19 (g) Case staffings to develop, implement, and monitor
20 treatment plans for disabled adults and elderly persons whose
21 cases have been referred to the team. An adult protection
22 team may provide consultation with respect to a disabled adult
23 or elderly person who has not been referred to the team. The
24 consultation must be provided at the request of a
25 representative of the adult protective services program or at
26 the request of any other professional involved with the
27 disabled adult or elderly person or that person's guardian or
28 other caregivers. In every such adult protection team case
29 staffing consultation or staff activity involving a disabled
30 adult or elderly person, an adult protective services program
31 representative shall attend and participate.
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (h) Service coordination and assistance, including the
2 location of services available from other public and private
3 agencies in the community.
4 (i) Such training services for program and other
5 department employees as is deemed appropriate to enable them
6 to develop and maintain their professional skills and
7 abilities in handling adult abuse, neglect, or exploitation
8 cases.
9 (j) Education and community awareness campaigns on
10 adult abuse, neglect, or exploitation in an effort to enable
11 citizens to prevent, identify, and treat adult abuse, neglect,
12 and exploitation in the community more successfully.
13 (2) The adult abuse, neglect, or exploitation cases
14 that are appropriate for referral by the adult protective
15 services program to adult protection teams for supportive
16 services include, but are not limited to, cases involving:
17 (a) Unexplained or implausibly explained bruises,
18 burns, fractures, or other injuries in a disabled adult or an
19 elderly person.
20 (b) Sexual abuse or molestation, or sexual
21 exploitation, of a disabled adult or elderly person.
22 (c) Reported medical, physical, or emotional neglect
23 of a disabled adult or an elderly person.
24 (d) Reported financial exploitation of a disabled
25 adult or elderly person.
26
27 In all instances in which an adult protection team is
28 providing certain services to abused, neglected, or exploited
29 vulnerable disabled adults or elderly persons, other offices
30 and units of the department shall avoid duplicating the
31 provisions of those services.
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 21. Section 415.111, Florida Statutes, is
2 amended to read:
3 415.111 Criminal penalties.--
4 (1) A person who knowingly and willfully fails to
5 report a case of known or suspected abuse, neglect, or
6 exploitation of a vulnerable disabled adult or an elderly
7 person, or who knowingly and willfully prevents another person
8 from doing so, commits a misdemeanor of the second degree,
9 punishable as provided in s. 775.082 or s. 775.083.
10 (2) A person who knowingly and willfully makes public
11 or discloses any confidential information contained in the
12 central abuse hotline registry and tracking system, or in
13 other computer systems, or in the records of any case of
14 abuse, neglect, or exploitation of a vulnerable disabled adult
15 or elderly person, except as provided in ss. 415.101-415.113,
16 commits a misdemeanor of the second degree, punishable as
17 provided in s. 775.082 or s. 775.083.
18 (3) A person who has custody of records and documents
19 the confidentiality of which is abrogated under s.
20 415.1045(3)(5) and who refuses to grant access to such records
21 commits a misdemeanor of the second degree, punishable as
22 provided in s. 775.082 or s. 775.083.
23 (4) If the department or its authorized agent has
24 determined after its investigation that a report is false, the
25 department shall, with the consent of the alleged perpetrator,
26 refer the reports to the local law enforcement agency having
27 jurisdiction for an investigation to determine whether
28 sufficient evidence exists to refer the case for prosecution
29 for filing a false report as defined in s. 415.102. During the
30 pendency of the investigation by the local law enforcement
31 agency, the department must notify the local law enforcement
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 agency of, and the local law enforcement agency must respond
2 to, all subsequent reports concerning the same vulnerable
3 disabled adult or elderly person in accordance with s. 415.104
4 or s. 415.1045. If the law enforcement agency believes that
5 there are indicators of abuse, neglect, or exploitation, it
6 must immediately notify the department, which must assure the
7 safety of the vulnerable disabled adult or elderly person. If
8 the law enforcement agency finds sufficient evidence for
9 prosecution for filing a false report, it must refer the case
10 to the appropriate state attorney for prosecution.
11 (5) A person who knowingly and willfully makes a false
12 report of abuse, neglect, or exploitation of a vulnerable
13 disabled adult or an elderly person, or a person who advises
14 another to make a false report, commits a felony of the third
15 degree, punishable as provided in s. 775.082 or s. 775.083.
16 (a) The department shall establish procedures for
17 determining whether a false report of abuse, neglect, or
18 exploitation of a vulnerable disabled adult or an elderly
19 person has been made and for submitting all identifying
20 information relating to such a false report to the local law
21 enforcement agency as provided in this subsection and shall
22 report annually to the Legislature the number of reports
23 referred.
24 (b) Anyone making a report who is acting in good faith
25 is immune from any liability under this subsection.
26 (6) Each state attorney shall establish and publish
27 procedures to facilitate the prosecution of persons under this
28 section and shall report to the Legislature annually the
29 number of complaints that have resulted in the filing of an
30 information or indictment under this section.
31 Section 22. Section 415.1111, Florida Statutes, is
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 amended to read:
2 415.1111 Civil penalties.--
3 (1) A person who is named as a perpetrator in a
4 confirmed report of abuse, neglect, or exploitation of a
5 disabled adult or an elderly person is subject to civil
6 penalties as follows:
7 (a) For the first offense, a penalty of $250.
8 (b) For the second offense, a penalty of $500.
9 (c) For the third and subsequent offenses, a penalty
10 of $1,000 per occurrence.
11
12 Second and subsequent offenses may be for the same type of
13 abuse, neglect, or exploitation or for a different type, and
14 may be perpetrated upon the same or a different disabled adult
15 or elderly person.
16 (2) All fines received by the department under this
17 section must be deposited in the Operations and Maintenance
18 Trust Fund within the department. The Legislature shall
19 annually appropriate from the fund an amount that is no less
20 than the amount deposited under this section, to be expended
21 only for the adult protective services program.
22 (1)(3) A vulnerable adult who has been abused,
23 neglected, or exploited disabled adult or an elderly person
24 who has been named as a victim in a confirmed report of abuse,
25 neglect, or exploitation as specified in this chapter part has
26 a cause of action against any perpetrator named in the
27 confirmed report and may recover actual and punitive damages
28 for such abuse, neglect, or exploitation. The action may be
29 brought by the vulnerable disabled adult or elderly person, or
30 that person's guardian, by a person or organization acting on
31 behalf of the vulnerable disabled adult or elderly person with
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 the consent of that person or that person's guardian, or by
2 the personal representative of the estate of a deceased victim
3 disabled adult or elderly person without regard to whether the
4 cause of death resulted from the abuse, neglect, or
5 exploitation. The action may be brought in any court of
6 competent jurisdiction to enforce such action and to recover
7 actual and punitive damages for any deprivation of or
8 infringement on the rights of a vulnerable disabled adult or
9 an elderly person. A party who prevails in any such action
10 may be entitled to recover reasonable attorney's fees, costs
11 of the action, and damages. The remedies provided in this
12 section are in addition to and cumulative with other legal and
13 administrative remedies available to a vulnerable disabled
14 adult or an elderly person.
15 Section 23. Subsections (1), (2), and (5) of section
16 415.1113, Florida Statutes, are amended to read:
17 415.1113 Administrative fines for false report of
18 abuse, neglect, or exploitation of a vulnerable disabled adult
19 or an elderly person.--
20 (1) In addition to any other penalty authorized by
21 this section, chapter 120, or other law, the department may
22 impose a fine, not to exceed $10,000 for each violation, upon
23 a person who knowingly and willfully makes a false report of
24 abuse, neglect, or exploitation of a vulnerable disabled adult
25 or an elderly person, or a person who counsels another to make
26 a false report.
27 (2) If the department alleges that a person has
28 knowingly and willfully filed a false report with the central
29 abuse hotline registry and tracking system, the department
30 must file a notice of intent that alleges the name, age, and
31 address of the individual; the facts constituting the
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 allegation that the individual made a false report; and the
2 administrative fine that the department proposes to impose on
3 the person. Each time that a false report is made constitutes
4 a separate violation.
5 (5) At the hearing, the department must prove by clear
6 and convincing evidence that the person knowingly and
7 willfully filed a false report with the central abuse hotline
8 registry and tracking system. The person has the right to be
9 represented by legal counsel at the hearing.
10 Section 24. Section 415.113, Florida Statutes, is
11 amended to read:
12 415.113 Statutory construction; treatment by spiritual
13 means.--Nothing in ss. 415.101-415.112 shall be construed to
14 mean a person is abused, neglected, or in need of emergency or
15 protective services for the sole reason that the person relies
16 upon and is, therefore, being furnished treatment by spiritual
17 means through prayer alone in accordance with the tenets and
18 practices of a well-recognized recognized church or religious
19 denomination or organization; nor shall anything in such
20 sections be construed to authorize, permit, or require any
21 medical care or treatment in contravention of the stated or
22 implied objection of such person. Such construction does not:
23 (1) Eliminate the requirement that such a case be
24 reported to the department;
25 (2) Prevent the department from investigating such a
26 case; or
27 (3) Preclude a court from ordering, when the health of
28 the individual requires it, the provision of medical services
29 by a licensed physician or treatment by a duly accredited
30 practitioner who relies solely on spiritual means for healing
31 in accordance with the tenets and practices of a
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 well-recognized church or religious denomination or
2 organization.
3 Section 25. Sections 435.01, 435.02, 435.03, 435.04,
4 435.045, 435.05, 435.06, 435.07, 435.08, 435.09, 435.10, and
5 435.11, Florida Statutes, are designated as part I of chapter
6 435, Florida Statutes.
7 Section 26. Paragraph (a) of subsection (2) and
8 paragraph (a) of subsection (3) of section 435.03, Florida
9 Statutes, are amended to read:
10 435.03 Level 1 screening standards.--
11 (2) Any person for whom employment screening is
12 required by statute must not have been found guilty of,
13 regardless of adjudication, or entered a plea of nolo
14 contendere or guilty to, any offense prohibited under any of
15 the following provisions of the Florida Statutes or under any
16 similar statute of another jurisdiction:
17 (a) Section 415.111, relating to adult abuse, neglect,
18 or exploitation of a vulnerable adult aged persons or disabled
19 adults.
20 (3) Standards must also ensure that the person:
21 (a) For employees and employers licensed or registered
22 pursuant to chapter 400, and for employees and employers of
23 developmental services institutions as defined in s. 393.063,
24 intermediate care facilities for the developmentally disabled
25 as defined in s. 393.063, and mental health treatment
26 facilities as defined in s. 394.455, meets the requirements of
27 part II does not have a confirmed report of abuse, neglect, or
28 exploitation as defined in s. 415.102(5), which has been
29 uncontested or upheld under s. 415.103.
30 Section 27. Paragraphs (b) and (c) of subsection (1)
31 and subsection (2) of section 435.05, Florida Statutes, are
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 amended to read:
2 435.05 Requirements for covered employees.--Except as
3 otherwise provided by law, the following requirements shall
4 apply to covered employees:
5 (1)
6 (b) For level 1 screening, the employer must submit
7 the information necessary for screening to the Florida
8 Department of Law Enforcement within 5 working days after
9 receiving it. The Florida Department of Law Enforcement will
10 conduct a search of its When required, the employer must at
11 the same time submit sufficient information to the Department
12 of Children and Family Services to complete a check of its
13 records relating to the abuse, neglect, and exploitation of
14 vulnerable adults. The Florida Department of Law Enforcement
15 and the Department of Children and Family Services will
16 conduct searches of their records and will respond to the
17 employer agency. The employer will inform the employee
18 whether screening has revealed any disqualifying information.
19 (c) For level 2 screening, the employer or licensing
20 agency must submit the information necessary for screening to
21 the Florida Department of Law Enforcement within 5 working
22 days after receiving it. When required, the employer or
23 licensing agency must also submit sufficient information to
24 the Department of Children and Family Services to complete a
25 check of its records. The Florida Department of Law
26 Enforcement will conduct a search of its criminal and juvenile
27 records and will request that the Federal Bureau of
28 Investigation conduct a search of its records for each
29 employee for whom the request is made. The Florida Department
30 of Law Enforcement and the Department of Children and Family
31 Services will respond to the employer or licensing agency, and
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 the employer or licensing agency will inform the employee
2 whether screening has revealed disqualifying information.
3 (2) Unless otherwise prohibited by state or federal
4 law, new employees may be placed on probationary status
5 pending a determination of compliance with minimum standards
6 set forth in this part chapter.
7 Section 28. Subsection (1) of section 435.07, Florida
8 Statutes, is amended to read:
9 435.07 Exemptions from disqualification.--Unless
10 otherwise provided by law, the provisions of this section
11 shall apply to exemptions from disqualification.
12 (1) The appropriate licensing agency may grant to any
13 employee otherwise disqualified from employment an exemption
14 from disqualification for:
15 (a) Felonies committed more than 3 years prior to the
16 date of disqualification;
17 (b) Misdemeanors prohibited under any of the Florida
18 Statutes cited in this chapter or under similar statutes of
19 other jurisdictions;
20 (c) Offenses that were felonies when committed but are
21 now misdemeanors;
22 (d) Findings of delinquency; or
23 (e) Commissions of acts of domestic violence as
24 defined in s. 741.30.; or
25 (f) Confirmed reports of abuse, neglect, or
26 exploitation of a vulnerable adult.
27
28 For the purposes of this subsection, the term "felonies" means
29 both felonies prohibited under any of the Florida Statutes
30 cited in this part chapter or under similar statutes of other
31 jurisdictions.
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 29. Section 435.08, Florida Statutes, is
2 amended to read:
3 435.08 Payment for processing of fingerprints and,
4 state criminal records checks, and abuse hotline
5 checks.--Either the employer or the employee is responsible
6 for paying the costs of screening. Payment shall be submitted
7 to the Florida Department of Law Enforcement with the request
8 for screening. When a search of the central abuse hotline is
9 required, payment shall be submitted by separate check to the
10 Department of Children and Family Services with the request
11 for screening.
12 Section 30. Section 435.09, Florida Statutes, is
13 amended to read:
14 435.09 Confidentiality of personnel background check
15 information.--No criminal or, juvenile, or abuse hotline
16 information obtained under this section may be used for any
17 purpose other than determining whether persons meet the
18 minimum standards for employment or for an owner or director
19 of a covered service provider. The criminal records and
20 juvenile records obtained by the department or by an employer
21 are exempt from s. 119.07(1).
22 Section 31. Sections 435.401, 435.402, 435.403, and
23 435.405, Florida Statutes, are designated as part II of
24 chapter 435, Florida Statutes.
25 Section 32. Effective January 1, 2001, section
26 435.401, Florida Statutes, is created to read:
27 435.401 Caregivers of vulnerable adults; special
28 employment, contractual, or referral work history checks;
29 definitions.--For purposes of this part:
30 (1) "Agency" means the Agency for Health Care
31 Administration.
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (2) "Covered organization" means any residential
2 facility or agency licensed pursuant to chapter 400 by the
3 agency where health, nutritional, or personal care is provided
4 or arranged for vulnerable adults, including nursing homes,
5 assisted living facilities, adult day care facilities, adult
6 family-care homes, hospices, home health care agencies, nurse
7 registries, and intermediate care facilities for
8 developmentally disabled persons. Covered organization shall
9 also mean developmental services institutions and mental
10 health institutions. Covered organization includes any
11 temporary agency as defined in this section.
12 (3) "Direct access employee or contractor" means a
13 caregiver hired by or contracted with a covered organization
14 after January 1, 2001, whose primary job duties require direct
15 access or contact with persons receiving care, access to the
16 living areas of such persons, or access to the funds or
17 property of such persons. The term does not include caregivers
18 whose primary job duties do not include or require direct
19 access or contact with persons receiving care, but whose
20 duties may result in occasional contact with such persons. Not
21 included are maintenance personnel, office or clerical
22 workers, and nonlicensed personnel whose essential functions
23 do not include the care of or direct access to persons
24 receiving care.
25 (4) "Service letter" means the employment or work
26 history form provided to covered organizations by the agency.
27 (5) "Temporary agency" means an agency responsible for
28 providing temporary employees or contractors to covered
29 organizations, including health care service pools as defined
30 in s. 400.980.
31 Section 33. Effective January 1, 2001, section
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 435.402, Florida Statutes, is created to read:
2 435.402 Service letters; requirements; penalties.--
3 (1) No covered organization shall hire, contract with,
4 or register for referral any person seeking employment or
5 engagements that require direct access to patients or clients
6 without obtaining service letters regarding that person from
7 at least two covered organizations the person has been
8 employed by, contracted with, or registered with during the
9 past 3 years. If the applicant has been employed by,
10 contracted with, or registered with fewer than two covered
11 organizations during the past 3 years, then all covered
12 organizations must be contacted. If the person seeking
13 employment has not been previously employed by, contracted
14 with, or registered with a covered organization within the
15 past 3 years or was self-employed, then the prospective
16 covered organization must require the person to provide
17 letters of reference from at least two adults who are familiar
18 with the person, but who are not relatives of the person.
19 Nothing in this subsection shall prohibit or discourage
20 prospective covered organizations from performing more work
21 history checks than are required in this subsection.
22 (2) The required service letter shall be a form
23 provided by the agency. The form shall be signed by the
24 current or previous covered organizations, as requested, and
25 shall contain information about the type of work performed by
26 the person who has been employed by, contracted with, or
27 registered with the covered organization, the duration of the
28 employment, contract, or registration period, the nature of
29 the person's separation from the covered organization, and any
30 substantiated incidents toward any other person involving
31 violence, threat of violence, abuse, neglect, exploitation, or
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 misappropriation of property by the person, including any
2 disciplinary action taken as a result of such conduct and the
3 date of such action. Covered organizations that contract with
4 caregivers or register caregivers for referral, when receiving
5 a service letter from another covered organization, shall
6 report on the return service letter any substantiated
7 incidents toward any other person involving violence, threat
8 of violence, abuse, neglect, exploitation, or misappropriation
9 of property by the person which resulted in the termination of
10 the person's contract or removal of the person from the
11 referral registry.
12 (3) Any covered organization that is required to
13 obtain service letters shall obtain a statement signed by the
14 applicant authorizing a full release to the covered
15 organization of any and all information pertaining to the
16 facts of the applicant's current or previous work history.
17 (4)(a) Any covered organization, including a temporary
18 agency, that is required to obtain a service letter shall
19 obtain a statement signed by the applicant attesting that the
20 information given in the application represents a full and
21 complete disclosure of the applicant's current and previous
22 work history, and that all information contained in the
23 application is true and complete to the best of the knowledge
24 and belief of the applicant. In addition, the application
25 shall contain a written acknowledgment by the applicant that
26 he or she understands that failure to provide a full and
27 complete disclosure of all information required under this
28 section is a violation of this section and that such failure
29 may result in first or second degree misdemeanor charges, or
30 termination of employment, contract, or registration for
31 referral. Full and complete disclosure by an applicant
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 includes listing all current and previous covered
2 organizations, as defined in s. 435.401, for the previous 3
3 years. An applicant who has worked for one or more temporary
4 agencies during the previous 3 years shall list on the
5 application all such temporary agencies.
6 (b) Any covered organization that does not obtain the
7 applicant's signed attestation for a person hired, contracted
8 with, or registered for referral after January 1, 2001, may be
9 issued a notice of noncompliance. A violation that is not
10 corrected within the specified timeframe or is a repeat
11 violation becomes a finable violation. The covered
12 organization is subject to an administrative penalty of $500
13 for the first finable violation, $1,000 for the second finable
14 violation, and $2,500 for the third and any subsequent finable
15 violation.
16 (5) Any covered organization, including a temporary
17 agency, that receives a written request for a service letter
18 from any other covered organization, as required by this
19 section, shall complete and send that service letter to the
20 requesting covered organization within 10 business days after
21 the date the request is received. Any written response,
22 including a response by regular mail, facsimile, electronic
23 transmission, or other clearly documented delivery, which
24 provides the information required by this section on the form
25 provided by the agency shall constitute compliance with this
26 subsection. Any covered organization that does not provide
27 such service letters for a person seeking employment may be
28 issued a notice of noncompliance. A violation that is not
29 corrected within the specified timeframe or is a repeat
30 violation becomes a finable violation. The covered
31 organization is subject to an administrative penalty of $500
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 for the first finable violation, $1,000 for the second finable
2 violation, and $2,500 for the third and any subsequent finable
3 violation.
4 (6) Notwithstanding the provisions of subsection (1),
5 the covered organization may conditionally employ, contract
6 with, or register for referral an applicant for up to 30 days
7 on a conditional basis, pending receipt of the required
8 service letters. An applicant conditionally employed,
9 contracted with, or registered for referral pursuant to this
10 subsection shall be informed, in writing, and shall
11 acknowledge, in writing, that his or her continued employment,
12 contract, or registration is contingent upon receipt of the
13 required service letters. A covered organization may allow a
14 person to continue working after the 30 days on a conditional
15 basis without the required service letters if the covered
16 organization has demonstrated a good faith attempt to obtain
17 the service letters, as evidenced by requesting the necessary
18 service letters prior to the applicant's first day of work, by
19 regular mail, facsimile, electronic transmission, or other
20 clearly documented delivery, and at least two documented
21 attempts to contact the covered organizations from which the
22 information was requested when the service letters were not
23 returned within 10 business days. Any covered organization
24 that has not demonstrated such good faith effort may be issued
25 a notice of noncompliance. A violation that is not corrected
26 within the specified timeframe or is a repeat violation
27 becomes a finable violation. The covered organization is
28 subject to an administrative penalty of $500 for the first
29 finable violation, $1,000 for the second finable violation,
30 and $2,500 for the third and any subsequent finable violation.
31 (7) A covered organization shall make a good faith
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 attempt to locate an applicant's previous covered
2 organizations as identified in the application and to obtain
3 the service letters from each current or previous covered
4 organization. The burden of proof shall rest with the covered
5 organization to demonstrate a good faith attempt to comply
6 with this section, as evidenced by requesting the necessary
7 service letters prior to the applicant's first day of work, by
8 regular mail, facsimile, electronic transmission, or other
9 clearly documented delivery, and at least two documented
10 attempts to contact the covered organizations from which the
11 information was requested when the service letters were not
12 returned within 10 business days. Any covered organization
13 that does not obtain the required service letters for a person
14 seeking employment may be issued a notice of noncompliance. A
15 violation that is not corrected within the specified timeframe
16 or is a repeat violation becomes a finable violation. The
17 covered organization is subject to an administrative penalty
18 of $500 for the first finable violation, $1,000 for the second
19 finable violation, and $2,500 for the third and any subsequent
20 finable violation.
21 (8) Any covered organization that knowingly and with
22 intent to deceive provides information that is a materially
23 inaccurate or incomplete disclosure of past work history
24 information on a service letter is subject to an
25 administrative penalty of $500 for the first violation, $1,000
26 for the second violation, and $2,500 for the third and any
27 subsequent violation.
28 (9) Any person who knowingly and with intent to
29 deceive provides information that is a materially inaccurate
30 or incomplete disclosure of past work history information on
31 an application in violation of the requirements of subsection
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (4) may be terminated from employment, contract, or
2 registration for referral, and commits a misdemeanor of the
3 second degree, punishable as provided in s. 775.082 or s.
4 775.083. Any person who commits a second or subsequent
5 violation commits a misdemeanor of the first degree,
6 punishable as provided in s. 775.082 or s. 775.083.
7 (10) Any covered organization, or any person authorized
8 to act on behalf of the covered organization, that discloses
9 information to a covered organization as required by
10 subsection (5) is presumed to be acting in good faith, and,
11 unless lack of good faith is shown, is immune from civil
12 liability under this part and pursuant to s. 768.095 for such
13 disclosure and its consequences and may not be made the
14 subject of any legal action for libel, slander, or defamation
15 by an applicant's current or former covered organization. For
16 purposes of this section, the presumption of good faith may be
17 rebutted upon a showing that the information disclosed by such
18 covered organization was knowingly false, was deliberately
19 misleading, or was rendered with malicious purpose.
20 (11) Any information received from an applicant's
21 current or previous covered organization by the applicant's
22 prospective covered organization, pursuant to this section,
23 which could in any way identify the current or previous
24 covered organization that provided the information shall be
25 protected from discovery in any legal or administrative
26 proceedings. The applicant who is the subject of the
27 information provided by his or her current or previous covered
28 organization shall have a right to obtain such information
29 from the current or previous covered organization that
30 provided the information to the prospective covered
31 organization.
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (12) The agency shall be the only party with authority
2 to impose and seek enforcement of an administrative penalty
3 under this part.
4 (13) The background screening database operated by the
5 agency pursuant to s. 400.215 shall be accessible to all
6 covered organizations. The agency shall maintain in the
7 database, for all health care professionals licensed or
8 certified by the Department of Health, the current status of
9 any disciplinary action taken by the Department of Health or
10 by any professional board against an applicant or employee, in
11 addition to any criminal history information about an
12 applicant or employee.
13 Section 34. Effective January 1, 2001, section
14 435.403, Florida Statutes, is created to read:
15 435.403 Enforcement; penalties.--
16 (1) The agency shall monitor covered organizations for
17 compliance with the provisions of s. 435.402. Such monitoring
18 shall be carried out through routine inspections and surveys
19 or other regulatory activities and through investigations of
20 complaints reported by any person to the agency alleging
21 noncompliance with the provisions of s. 435.402.
22 (2) Funds collected through payment of administrative
23 penalties to the agency shall be deposited in the Health Care
24 Trust Fund to support enforcement of the requirements of this
25 part and the improvement of quality of care for vulnerable
26 adults who are residents or clients of covered organizations.
27 Section 35. Effective January 1, 2001, section
28 435.405, Florida Statutes, is created to read:
29 435.405 Rules.--The agency shall adopt rules to
30 implement the provisions of this part. The rules shall include
31 the forms for service letters, provisions for accepting the
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 service letter forms by facsimile or electronic transmission
2 in addition to printed form, standards for documentation of a
3 good faith effort to perform the actions required under this
4 part, and standards for monitoring the compliance of covered
5 organizations.
6 Section 36. Paragraph (g) of subsection (3) of section
7 20.43, Florida Statutes, is amended to read:
8 20.43 Department of Health.--There is created a
9 Department of Health.
10 (3) The following divisions of the Department of
11 Health are established:
12 (g) Division of Medical Quality Assurance, which is
13 responsible for the following boards and professions
14 established within the division:
15 1. Nursing assistants, as provided under s. 400.211.
16 2. Health care services pools, as provided under s.
17 402.48.
18 2.3. The Board of Acupuncture, created under chapter
19 457.
20 3.4. The Board of Medicine, created under chapter 458.
21 4.5. The Board of Osteopathic Medicine, created under
22 chapter 459.
23 5.6. The Board of Chiropractic Medicine, created under
24 chapter 460.
25 6.7. The Board of Podiatric Medicine, created under
26 chapter 461.
27 7.8. Naturopathy, as provided under chapter 462.
28 8.9. The Board of Optometry, created under chapter
29 463.
30 9.10. The Board of Nursing, created under chapter 464.
31 10.11. The Board of Pharmacy, created under chapter
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 465.
2 11.12. The Board of Dentistry, created under chapter
3 466.
4 12.13. Midwifery, as provided under chapter 467.
5 13.14. The Board of Speech-Language Pathology and
6 Audiology, created under part I of chapter 468.
7 14.15. The Board of Nursing Home Administrators,
8 created under part II of chapter 468.
9 15.16. The Board of Occupational Therapy, created
10 under part III of chapter 468.
11 16.17. Respiratory therapy, as provided under part V
12 of chapter 468.
13 17.18. Dietetics and nutrition practice, as provided
14 under part X of chapter 468.
15 18.19. The Board of Athletic Training, created under
16 part XIII of chapter 468.
17 19.20. The Board of Orthotists and Prosthetists,
18 created under part XIV of chapter 468.
19 20.21. Electrolysis, as provided under chapter 478.
20 21.22. The Board of Massage Therapy, created under
21 chapter 480.
22 22.23. The Board of Clinical Laboratory Personnel,
23 created under part III of chapter 483.
24 23.24. Medical physicists, as provided under part IV
25 of chapter 483.
26 24.25. The Board of Opticianry, created under part I
27 of chapter 484.
28 25.26. The Board of Hearing Aid Specialists, created
29 under part II of chapter 484.
30 26.27. The Board of Physical Therapy Practice, created
31 under chapter 486.
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 27.28. The Board of Psychology, created under chapter
2 490.
3 28.29. School psychologists, as provided under chapter
4 490.
5 29.30. The Board of Clinical Social Work, Marriage and
6 Family Therapy, and Mental Health Counseling, created under
7 chapter 491.
8
9 The department may contract with the Agency for Health Care
10 Administration who shall provide consumer complaint,
11 investigative, and prosecutorial services required by the
12 Division of Medical Quality Assurance, councils, or boards, as
13 appropriate.
14 Section 37. Paragraph (h) of subsection (2) of section
15 39.202, Florida Statutes, is amended to read:
16 39.202 Confidentiality of reports and records in cases
17 of child abuse or neglect.--
18 (2) Access to such records, excluding the name of the
19 reporter which shall be released only as provided in
20 subsection (4), shall be granted only to the following
21 persons, officials, and agencies:
22 (h) Any appropriate official of the department
23 responsible for:
24 1. Administration or supervision of the department's
25 program for the prevention, investigation, or treatment of
26 child abuse, abandonment, or neglect, or abuse, neglect, or
27 exploitation of a vulnerable disabled adult or elderly person,
28 when carrying out his or her official function;
29 2. Taking appropriate administrative action concerning
30 an employee of the department alleged to have perpetrated
31 child abuse, abandonment, or neglect, or abuse, neglect, or
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 exploitation of a vulnerable disabled adult or elderly person;
2 or
3 3. Employing and continuing employment of personnel of
4 the department.
5 Section 38. Paragraphs (a) and (b) of subsection (3)
6 of section 110.1127, Florida Statutes, are amended to read:
7 110.1127 Employee security checks.--
8 (3)(a) All positions in programs providing care to
9 children, the developmentally disabled, or vulnerable adults
10 disabled adults, or elderly persons for 15 hours or more per
11 week; all permanent and temporary employee positions of the
12 central abuse hotline; and all persons working under contract
13 who have access to abuse records are deemed to be persons and
14 positions of special trust or responsibility, and require
15 employment screening pursuant to chapter 435, using the level
16 2 standards set forth in that chapter.
17 (b) The employing agency may grant exemptions from
18 disqualification from working with children, the
19 developmentally disabled, or vulnerable adults disabled
20 adults, or elderly persons as provided in s. 435.07.
21 Section 39. Paragraph (a) of subsection (12) of
22 section 112.0455, Florida Statutes, is amended to read:
23 112.0455 Drug-Free Workplace Act.--
24 (12) DRUG-TESTING STANDARDS; LABORATORIES.--
25 (a) A laboratory may analyze initial or confirmation
26 drug specimens only if:
27 1. The laboratory is licensed and approved by the
28 Agency for Health Care Administration using criteria
29 established by the United States Department of Health and
30 Human Services as general guidelines for modeling the state
31 drug testing program. Each applicant for licensure must comply
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 with the following requirements:
2 a. Upon receipt of a completed, signed, and dated
3 application, the agency shall require background screening, in
4 accordance with the level 2 standards for screening set forth
5 in chapter 435, of the managing employee, or other similarly
6 titled individual responsible for the daily operation of the
7 laboratory, and of the financial officer, or other similarly
8 titled individual who is responsible for the financial
9 operation of the laboratory, including billings for services.
10 The applicant must comply with the procedures for level 2
11 background screening as set forth in chapter 435, as well as
12 the requirements of s. 435.03(3).
13 b. The agency may require background screening of any
14 other individual who is an applicant if the agency has
15 probable cause to believe that he or she has been convicted of
16 an offense prohibited under the level 2 standards for
17 screening set forth in chapter 435.
18 c. Proof of compliance with the level 2 background
19 screening requirements of chapter 435 which has been submitted
20 within the previous 5 years in compliance with any other
21 health care licensure requirements of this state is acceptable
22 in fulfillment of screening requirements.
23 d. A provisional license may be granted to an
24 applicant when each individual required by this section to
25 undergo background screening has met the standards for the
26 abuse registry background check and the Department of Law
27 Enforcement background check, but the agency has not yet
28 received background screening results from the Federal Bureau
29 of Investigation, or a request for a disqualification
30 exemption has been submitted to the agency as set forth in
31 chapter 435, but a response has not yet been issued. A license
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 may be granted to the applicant upon the agency's receipt of a
2 report of the results of the Federal Bureau of Investigation
3 background screening for each individual required by this
4 section to undergo background screening which confirms that
5 all standards have been met, or upon the granting of a
6 disqualification exemption by the agency as set forth in
7 chapter 435. Any other person who is required to undergo level
8 2 background screening may serve in his or her capacity
9 pending the agency's receipt of the report from the Federal
10 Bureau of Investigation. However, the person may not continue
11 to serve if the report indicates any violation of background
12 screening standards and a disqualification exemption has not
13 been requested of and granted by the agency as set forth in
14 chapter 435.
15 e. Each applicant must submit to the agency, with its
16 application, a description and explanation of any exclusions,
17 permanent suspensions, or terminations of the applicant from
18 the Medicare or Medicaid programs. Proof of compliance with
19 the requirements for disclosure of ownership and control
20 interests under the Medicaid or Medicare programs shall be
21 accepted in lieu of this submission.
22 f. Each applicant must submit to the agency a
23 description and explanation of any conviction of an offense
24 prohibited under the level 2 standards of chapter 435 by a
25 member of the board of directors of the applicant, its
26 officers, or any individual owning 5 percent or more of the
27 applicant. This requirement does not apply to a director of a
28 not-for-profit corporation or organization if the director
29 serves solely in a voluntary capacity for the corporation or
30 organization, does not regularly take part in the day-to-day
31 operational decisions of the corporation or organization,
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 receives no remuneration for his or her services on the
2 corporation or organization's board of directors, and has no
3 financial interest and has no family members with a financial
4 interest in the corporation or organization, provided that the
5 director and the not-for-profit corporation or organization
6 include in the application a statement affirming that the
7 director's relationship to the corporation satisfies the
8 requirements of this sub-subparagraph.
9 g. A license may not be granted to any applicant if
10 the applicant or managing employee has been found guilty of,
11 regardless of adjudication, or has entered a plea of nolo
12 contendere or guilty to, any offense prohibited under the
13 level 2 standards for screening set forth in chapter 435,
14 unless an exemption from disqualification has been granted by
15 the agency as set forth in chapter 435.
16 h. The agency may deny or revoke licensure if the
17 applicant:
18 (I) Has falsely represented a material fact in the
19 application required by sub-subparagraph e. or
20 sub-subparagraph f., or has omitted any material fact from the
21 application required by sub-subparagraph e. or
22 sub-subparagraph f.; or
23 (II) Has had prior action taken against the applicant
24 under the Medicaid or Medicare program as set forth in
25 sub-subparagraph e.
26 i. An application for license renewal must contain the
27 information required under sub-subparagraphs e. and f.
28 2. The laboratory has written procedures to ensure
29 chain of custody.
30 3. The laboratory follows proper quality control
31 procedures, including, but not limited to:
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 a. The use of internal quality controls including the
2 use of samples of known concentrations which are used to check
3 the performance and calibration of testing equipment, and
4 periodic use of blind samples for overall accuracy.
5 b. An internal review and certification process for
6 drug test results, conducted by a person qualified to perform
7 that function in the testing laboratory.
8 c. Security measures implemented by the testing
9 laboratory to preclude adulteration of specimens and drug test
10 results.
11 d. Other necessary and proper actions taken to ensure
12 reliable and accurate drug test results.
13 Section 40. Paragraphs (a), (b), and (c) of subsection
14 (7) of section 119.07, Florida Statutes, are amended to read:
15 119.07 Inspection, examination, and duplication of
16 records; exemptions.--
17 (7)(a) Any person or organization, including the
18 Department of Children and Family Services, may petition the
19 court for an order making public the records of the Department
20 of Children and Family Services that pertain to investigations
21 of alleged abuse, neglect, abandonment, or exploitation of a
22 child or a vulnerable, a disabled adult, or an elderly person.
23 The court shall determine if good cause exists for public
24 access to the records sought or a portion thereof. In making
25 this determination, the court shall balance the best interest
26 of the vulnerable disabled adult, elderly person, or child who
27 is the focus of the investigation, and in the case of the
28 child, the interest of that child's siblings, together with
29 the privacy right of other persons identified in the reports
30 against the public interest. The public interest in access to
31 such records is reflected in s. 119.01(1), and includes the
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 need for citizens to know of and adequately evaluate the
2 actions of the Department of Children and Family Services and
3 the court system in providing vulnerable disabled adults,
4 elderly persons, and children of this state with the
5 protections enumerated in ss. 39.001 and 415.101. However,
6 this subsection does not contravene ss. 39.202 and 415.107,
7 which protect the name of any person reporting the abuse,
8 neglect, or exploitation of a child or a vulnerable, a
9 disabled adult, or an elderly person.
10 (b) In cases involving serious bodily injury to a
11 child or a vulnerable, a disabled adult or an elderly person,
12 the Department of Children and Family Services may petition
13 the court for an order for the immediate public release of
14 records of the department which pertain to the protective
15 investigation of abuse, neglect, abandonment, or exploitation
16 of the child, disabled adult, or elderly person who suffered
17 serious bodily injury. The petition must be personally served
18 upon the child or vulnerable, disabled adult, or elderly
19 person, the child's parents or guardian, the legal guardian of
20 that person, if any, and any person named as an alleged
21 perpetrator in the report of abuse, neglect, abandonment, or
22 exploitation. The court must determine if good cause exists
23 for the public release of the records sought no later than 24
24 hours, excluding Saturdays, Sundays, and legal holidays, after
25 the date the department filed the petition with the court. If
26 the court has neither granted nor denied the petition within
27 the 24-hour time period, the department may release to the
28 public summary information including:
29 1. A confirmation that an investigation has been
30 conducted concerning the alleged victim.
31 2. The dates and brief description of procedural
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 activities undertaken during the department's investigation.
2 3. The date of each judicial proceeding, a summary of
3 each participant's recommendations made at the judicial
4 proceedings, and the rulings of the court.
5
6 The summary information may not include the name of, or other
7 identifying information with respect to, any person identified
8 in any investigation. In making a determination to release
9 confidential information, the court shall balance the best
10 interests of the vulnerable disabled adult or elderly person
11 or child who is the focus of the investigation and, in the
12 case of the child, the interests of that child's siblings,
13 together with the privacy rights of other persons identified
14 in the reports against the public interest for access to
15 public records. However, this paragraph does not contravene
16 ss. 39.202 and 415.107, which protect the name of any person
17 reporting abuse, neglect, or exploitation of a child or a
18 vulnerable, a disabled adult, or an elderly person.
19 (c) When the court determines that good cause for
20 public access exists, the court shall direct that the
21 department redact the name of and other identifying
22 information with respect to any person identified in any
23 protective investigation report unfounded report or proposed
24 confirmed report or report closed without classification, or
25 in any report that has not yet been classified pursuant to s.
26 415.1045(7), until such time as the court finds that there is
27 probable cause to believe that the person identified committed
28 an act of alleged abuse, neglect, or abandonment.
29 Section 41. Subsection (1) of section 232.50, Florida
30 Statutes, is amended to read:
31 232.50 Child abuse, abandonment, and neglect
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 policy.--Every school board shall by March 1, 1985:
2 (1) Post in a prominent place in each school a notice
3 that, pursuant to chapter 39, all employees or agents of the
4 district school board have an affirmative duty to report all
5 actual or suspected cases of child abuse, abandonment, or
6 neglect, have immunity from liability if they report such
7 cases in good faith, and have a duty to comply with child
8 protective investigations and all other provisions of law
9 relating to child abuse, abandonment, and neglect. The notice
10 shall also include the statewide toll-free telephone number of
11 the central state abuse hotline registry.
12 Section 42. Subsection (4) and paragraph (b) of
13 subsection (5) of section 242.335, Florida Statutes, are
14 amended to read:
15 242.335 Personnel screening; Florida School for the
16 Deaf and the Blind.--
17 (4) The Florida School for the Deaf and the Blind may
18 not use the criminal records, abuse registry information,
19 private investigator findings, or information reference checks
20 obtained by the school pursuant to this section for any
21 purpose other than determining if a person meets the minimum
22 standards for good moral character for personnel employed by
23 the school. The criminal records, abuse registry information,
24 private investigator findings, and information from reference
25 checks obtained by the Florida School for the Deaf and the
26 Blind for determining the moral character of employees of the
27 school are confidential and exempt from the provisions of s.
28 119.07(1) and s. 24(a), Art. I of the State Constitution.
29 (5) It is a misdemeanor of the first degree,
30 punishable as provided in s. 775.082 or s. 775.083, for any
31 person willfully, knowingly, or intentionally to:
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (b) Use the criminal records, abuse registry
2 information, private investigator findings, or information
3 from reference checks obtained under this section or
4 information obtained from such records or findings for
5 purposes other than screening for employment or release such
6 information or records to persons for purposes other than
7 screening for employment.
8 Section 43. Paragraph (a) of subsection (8) of section
9 320.0848, Florida Statutes, is amended to read:
10 320.0848 Persons who have disabilities; issuance of
11 disabled parking permits; temporary permits; permits for
12 certain providers of transportation services to persons who
13 have disabilities.--
14 (8) A law enforcement officer may confiscate the
15 disabled parking permit from any person who fraudulently
16 obtains or unlawfully uses such a permit. A law enforcement
17 officer may confiscate any disabled parking permit that is
18 expired, reported as lost or stolen, or defaced, or that does
19 not display a personal identification number.
20 (a) Beginning April 1, 1999, the permit number of each
21 confiscated permit must be submitted to the Department of
22 Highway Safety and Motor Vehicles, and the fact that the
23 permit has been confiscated must be noted on the
24 permitholder's record. If two permits issued to the same
25 person have been confiscated, the Department of Highway Safety
26 and Motor Vehicles shall refer the information to the central
27 Florida abuse hotline of the Department of Children and Family
28 Services for an investigation of potential abuse, neglect, or
29 exploitation of the permit owner.
30 Section 44. Paragraph (c) of subsection (1) of section
31 381.0059, Florida Statutes, is amended to read:
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 381.0059 Background screening requirements for school
2 health services personnel.--
3 (1)
4 (c) The person subject to the required background
5 screening or his or her employer must pay the fees required to
6 obtain the background screening. Payment for the screening and
7 the abuse registry check must be submitted to the Department
8 of Health. The Florida Department of Law Enforcement shall
9 charge the Department of Health for a level 2 screening at a
10 rate sufficient to cover the costs of such screening pursuant
11 to s. 943.053(3). The Department of Health shall establish a
12 schedule of fees to cover the costs of the level 2 screening
13 and the abuse registry check. The applicant or his or her
14 employer who pays for the required screening may be reimbursed
15 by the Department of Health from funds designated for this
16 purpose.
17 Section 45. Paragraph (d) of subsection (1) of section
18 381.60225, Florida Statutes, is amended to read:
19 381.60225 Background screening.--
20 (1) Each applicant for certification must comply with
21 the following requirements:
22 (d) A provisional certification may be granted to the
23 organization, agency, or entity when each individual required
24 by this section to undergo background screening has met the
25 standards for the abuse registry background check and the
26 Department of Law Enforcement background check, but the agency
27 has not yet received background screening results from the
28 Federal Bureau of Investigation, or a request for a
29 disqualification exemption has been submitted to the agency as
30 set forth in chapter 435, but a response has not yet been
31 issued. A standard certification may be granted to the
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 organization, agency, or entity upon the agency's receipt of a
2 report of the results of the Federal Bureau of Investigation
3 background screening for each individual required by this
4 section to undergo background screening which confirms that
5 all standards have been met, or upon the granting of a
6 disqualification exemption by the agency as set forth in
7 chapter 435. Any other person who is required to undergo level
8 2 background screening may serve in his or her capacity
9 pending the agency's receipt of the report from the Federal
10 Bureau of Investigation. However, the person may not continue
11 to serve if the report indicates any violation of background
12 screening standards and a disqualification exemption has not
13 been requested of and granted by the agency as set forth in
14 chapter 435.
15 Section 46. Paragraph (d) of subsection (7) of section
16 383.305, Florida Statutes, is amended to read:
17 383.305 Licensure; issuance, renewal, denial,
18 suspension, revocation; fees; background screening.--
19 (7) Each applicant for licensure must comply with the
20 following requirements:
21 (d) A provisional license may be granted to an
22 applicant when each individual required by this section to
23 undergo background screening has met the standards for the
24 abuse registry background check and the Department of Law
25 Enforcement background check, but the agency has not yet
26 received background screening results from the Federal Bureau
27 of Investigation, or a request for a disqualification
28 exemption has been submitted to the agency as set forth in
29 chapter 435 but a response has not yet been issued. A standard
30 license may be granted to the applicant upon the agency's
31 receipt of a report of the results of the Federal Bureau of
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 Investigation background screening for each individual
2 required by this section to undergo background screening which
3 confirms that all standards have been met, or upon the
4 granting of a disqualification exemption by the agency as set
5 forth in chapter 435. Any other person who is required to
6 undergo level 2 background screening may serve in his or her
7 capacity pending the agency's receipt of the report from the
8 Federal Bureau of Investigation. However, the person may not
9 continue to serve if the report indicates any violation of
10 background screening standards and a disqualification
11 exemption has not been requested of and granted by the agency
12 as set forth in chapter 435.
13 Section 47. Paragraph (d) of subsection (3) of section
14 390.015, Florida Statutes, is amended to read:
15 390.015 Application for license.--
16 (3) Each applicant for licensure must comply with the
17 following requirements:
18 (d) A provisional license may be granted to an
19 applicant when each individual required by this section to
20 undergo background screening has met the standards for the
21 abuse registry background check and the Department of Law
22 Enforcement background check, but the agency has not yet
23 received background screening results from the Federal Bureau
24 of Investigation, or a request for a disqualification
25 exemption has been submitted to the agency as set forth in
26 chapter 435 but a response has not yet been issued. A standard
27 license may be granted to the applicant upon the agency's
28 receipt of a report of the results of the Federal Bureau of
29 Investigation background screening for each individual
30 required by this section to undergo background screening which
31 confirms that all standards have been met, or upon the
105
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 granting of a disqualification exemption by the agency as set
2 forth in chapter 435. Any other person who is required to
3 undergo level 2 background screening may serve in his or her
4 capacity pending the agency's receipt of the report from the
5 Federal Bureau of Investigation. However, the person may not
6 continue to serve if the report indicates any violation of
7 background screening standards and a disqualification
8 exemption has not been requested of and granted by the agency
9 as set forth in chapter 435.
10 Section 48. Paragraph (c) of subsection (5) and
11 paragraph (d) of subsection (6) of section 393.067, Florida
12 Statutes, are amended to read:
13 393.067 Licensure of residential facilities and
14 comprehensive transitional education programs.--
15 (5) The applicant shall submit evidence which
16 establishes the good moral character of the manager or
17 supervisor of the facility or program and the direct service
18 providers in the facility or program and its component centers
19 or units. A license may be issued if all the screening
20 materials have been timely submitted; however, a license may
21 not be issued or renewed if any of the direct service
22 providers have failed the screening required by s. 393.0655.
23 (c) The department or a residential facility or
24 comprehensive transitional education program may not use the
25 criminal records or, juvenile records, or abuse registry
26 information of a person obtained under this subsection for any
27 purpose other than determining if that person meets the
28 minimum standards for good moral character for a manager or
29 supervisor of, or direct service provider in, such a facility
30 or program. The criminal records or, juvenile records, or
31 abuse registry information obtained by the department or a
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 residential facility or comprehensive transitional education
2 program for determining the moral character of a manager,
3 supervisor, or direct service provider are exempt from s.
4 119.07(1).
5 (6) Each applicant for licensure as an intermediate
6 care facility for the developmentally disabled must comply
7 with the following requirements:
8 (d) A provisional license may be granted to an
9 applicant when each individual required by this section to
10 undergo background screening has met the standards for the
11 abuse registry background check and the Department of Law
12 Enforcement background check, but the agency has not yet
13 received background screening results from the Federal Bureau
14 of Investigation, or a request for a disqualification
15 exemption has been submitted to the agency as set forth in
16 chapter 435, but a response has not yet been issued. A
17 standard license may be granted to the applicant upon the
18 agency's receipt of a report of the results of the Federal
19 Bureau of Investigation background screening for each
20 individual required by this section to undergo background
21 screening which confirms that all standards have been met, or
22 upon the granting of a disqualification exemption by the
23 agency as set forth in chapter 435. Any other person who is
24 required to undergo level 2 background screening may serve in
25 his or her capacity pending the agency's receipt of the report
26 from the Federal Bureau of Investigation. However, the person
27 may not continue to serve if the report indicates any
28 violation of background screening standards and a
29 disqualification exemption has not been requested of and
30 granted by the agency as set forth in chapter 435.
31 Section 49. Paragraph (c) of subsection (1) of section
107
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 393.0674, Florida Statutes, is amended to read:
2 393.0674 Penalties.--
3 (1) It is a misdemeanor of the first degree,
4 punishable as provided in s. 775.082 or s. 775.083, for any
5 person willfully, knowingly, or intentionally to:
6 (c) Use information from the criminal records or
7 central abuse hotline registry obtained under s. 393.0655, s.
8 393.066, or s. 393.067 for any purpose other than screening
9 that person for employment as specified in those sections or
10 release such information to any other person for any purpose
11 other than screening for employment as specified in those
12 sections.
13 Section 50. Paragraph (e) of subsection (5) of section
14 394.459, Florida Statutes, is amended to read:
15 394.459 Rights of patients.--
16 (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.--
17 (e) Each patient receiving mental health treatment in
18 any facility shall have ready access to a telephone in order
19 to report an alleged abuse. The facility staff shall orally
20 and in writing inform each patient of the procedure for
21 reporting abuse and shall make every reasonable effort to
22 present the information in a language the patient understands.
23 A written copy of that procedure, including the telephone
24 number of the central abuse hotline registry and reporting
25 forms, shall be posted in plain view.
26 Section 51. Paragraph (d) of subsection (12) of
27 section 394.875, Florida Statutes, is amended to read:
28 394.875 Crisis stabilization units and residential
29 treatment facilities; authorized services; license required;
30 penalties.--
31 (12) Each applicant for licensure must comply with the
108
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 following requirements:
2 (d) A provisional license may be granted to an
3 applicant when each individual required by this section to
4 undergo background screening has met the standards for the
5 abuse registry background check and the Department of Law
6 Enforcement background check, but the agency has not yet
7 received background screening results from the Federal Bureau
8 of Investigation, or a request for a disqualification
9 exemption has been submitted to the agency as set forth in
10 chapter 435, but a response has not yet been issued. A
11 standard license may be granted to the applicant upon the
12 agency's receipt of a report of the results of the Federal
13 Bureau of Investigation background screening for each
14 individual required by this section to undergo background
15 screening which confirms that all standards have been met, or
16 upon the granting of a disqualification exemption by the
17 agency as set forth in chapter 435. Any other person who is
18 required to undergo level 2 background screening may serve in
19 his or her capacity pending the agency's receipt of the report
20 from the Federal Bureau of Investigation. However, the person
21 may not continue to serve if the report indicates any
22 violation of background screening standards and a
23 disqualification exemption has not been requested of and
24 granted by the agency as set forth in chapter 435.
25 Section 52. Subsection (4) of section 395.0055,
26 Florida Statutes, is amended to read:
27 395.0055 Background screening.--Each applicant for
28 licensure must comply with the following requirements:
29 (4) A provisional license may be granted to an
30 applicant when each individual required by this section to
31 undergo background screening has met the standards for the
109
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 abuse registry background check and the Department of Law
2 Enforcement background check, but the agency has not yet
3 received background screening results from the Federal Bureau
4 of Investigation, or a request for a disqualification
5 exemption has been submitted to the agency as set forth in
6 chapter 435 but a response has not yet been issued. A
7 standard license may be granted to the applicant upon the
8 agency's receipt of a report of the results of the Federal
9 Bureau of Investigation background screening for each
10 individual required by this section to undergo background
11 screening which confirms that all standards have been met, or
12 upon the granting of a disqualification exemption by the
13 agency as set forth in chapter 435. Any other person who is
14 required to undergo level 2 background screening may serve in
15 his or her capacity pending the agency's receipt of the report
16 from the Federal Bureau of Investigation; however, the person
17 may not continue to serve if the report indicates any
18 violation of background screening standards and a
19 disqualification exemption has not been requested of and
20 granted by the agency as set forth in chapter 435.
21 Section 53. Paragraph (d) of subsection (4) of section
22 395.0199, Florida Statutes, is amended to read:
23 395.0199 Private utilization review.--
24 (4) Each applicant for registration must comply with
25 the following requirements:
26 (d) A provisional registration may be granted to an
27 applicant when each individual required by this section to
28 undergo background screening has met the standards for the
29 abuse registry background check and the Department of Law
30 Enforcement background check, but the agency has not yet
31 received background screening results from the Federal Bureau
110
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 of Investigation, or a request for a disqualification
2 exemption has been submitted to the agency as set forth in
3 chapter 435 but a response has not yet been issued. A standard
4 registration may be granted to the applicant upon the agency's
5 receipt of a report of the results of the Federal Bureau of
6 Investigation background screening for each individual
7 required by this section to undergo background screening which
8 confirms that all standards have been met, or upon the
9 granting of a disqualification exemption by the agency as set
10 forth in chapter 435. Any other person who is required to
11 undergo level 2 background screening may serve in his or her
12 capacity pending the agency's receipt of the report from the
13 Federal Bureau of Investigation. However, the person may not
14 continue to serve if the report indicates any violation of
15 background screening standards and a disqualification
16 exemption has not been requested of and granted by the agency
17 as set forth in chapter 435.
18 Section 54. Paragraph (g) of subsection (4) of section
19 395.3025, Florida Statutes, is amended to read:
20 395.3025 Patient and personnel records; copies;
21 examination.--
22 (4) Patient records are confidential and must not be
23 disclosed without the consent of the person to whom they
24 pertain, but appropriate disclosure may be made without such
25 consent to:
26 (g) The Department of Children and Family Services or
27 its agent, for the purpose of investigations of cases of
28 abuse, neglect, or exploitation of children or vulnerable
29 disabled adults or elderly persons.
30 Section 55. Subsection (3) of section 397.461, Florida
31 Statutes, is amended to read:
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 397.461 Unlawful activities relating to personnel;
2 penalties.--It is a misdemeanor of the first degree,
3 punishable as provided in s. 775.082 or s. 775.083, for any
4 person willfully, knowingly, or intentionally to:
5 (3) Use or release any criminal or juvenile or central
6 abuse registry information obtained under this chapter for any
7 purpose other than background checks of personnel for
8 employment.
9 Section 56. Subsection (2) of section 400.022, Florida
10 Statutes, is amended to read:
11 400.022 Residents' rights.--
12 (2) The licensee for each nursing home shall orally
13 inform the resident of the resident's rights and provide a
14 copy of the statement required by subsection (1) to each
15 resident or the resident's legal representative at or before
16 the resident's admission to a facility. The licensee shall
17 provide a copy of the resident's rights to each staff member
18 of the facility. Each such licensee shall prepare a written
19 plan and provide appropriate staff training to implement the
20 provisions of this section. The written statement of rights
21 must include a statement that a resident may file a complaint
22 with the agency or district ombudsman council. The statement
23 must be in boldfaced type and shall include the name, address,
24 and telephone numbers of the district ombudsman council and
25 central adult abuse hotline registry where complaints may be
26 lodged.
27 Section 57. Paragraph (d) of subsection (4) of section
28 400.071, Florida Statutes, is amended to read:
29 400.071 Application for license.--
30 (4) Each applicant for licensure must comply with the
31 following requirements:
112
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (d) A provisional license may be granted to an
2 applicant when each individual required by this section to
3 undergo background screening has met the standards for the
4 abuse registry background check and the Department of Law
5 Enforcement background check, but the agency has not yet
6 received background screening results from the Federal Bureau
7 of Investigation, or a request for a disqualification
8 exemption has been submitted to the agency as set forth in
9 chapter 435, but a response has not yet been issued. A
10 license may be granted to the applicant upon the agency's
11 receipt of a report of the results of the Federal Bureau of
12 Investigation background screening for each individual
13 required by this section to undergo background screening which
14 confirms that all standards have been met, or upon the
15 granting of a disqualification exemption by the agency as set
16 forth in chapter 435. Any other person who is required to
17 undergo level 2 background screening may serve in his or her
18 capacity pending the agency's receipt of the report from the
19 Federal Bureau of Investigation; however, the person may not
20 continue to serve if the report indicates any violation of
21 background screening standards and a disqualification
22 exemption has not been requested of and granted by the agency
23 as set forth in chapter 435.
24 Section 58. Paragraphs (a), (c), and (e) of subsection
25 (2) and subsections (3) and (8) of section 400.215, Florida
26 Statutes, are amended to read:
27 400.215 Personnel screening requirement.--
28 (2) Employers and employees shall comply with the
29 requirements of s. 435.05.
30 (a) Notwithstanding the provisions of s. 435.05(1),
31 facilities must have in their possession evidence that level 1
113
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 screening has been completed before allowing an employee to
2 begin working with patients as provided in subsection (1). All
3 information necessary for conducting background screening
4 using level 1 standards as specified in s. 435.03(1) and for
5 conducting a search of the central abuse registry and tracking
6 system as specified in s. 435.03(3)(a) shall be submitted by
7 the nursing facility to the agency. Results of the background
8 screening and the abuse registry check shall be provided by
9 the agency to the requesting nursing facility. An applicant
10 who has been qualified under a level 1 criminal screening and
11 who, under penalty of perjury, attests to not having been
12 classified in the central abuse registry and tracking system
13 as a perpetrator in a confirmed report of abuse, neglect, or
14 exploitation may be allowed to work on a probationary status
15 in the nursing facility, under supervision, for a period not
16 to exceed 30 days, pending the results of an abuse registry
17 screening.
18 (c) The agency shall establish and maintain a database
19 of background screening information which shall include the
20 results of both level 1 and level 2 screening and central
21 abuse registry and tracking system checks. The Department of
22 Law Enforcement shall timely provide to the agency,
23 electronically, the results of each statewide screening for
24 incorporation into the database. The Department of Children
25 and Family Services shall provide the agency with electronic
26 access to the central abuse registry and tracking system. The
27 agency shall search the registry to identify any confirmed
28 report and shall access such report for incorporation into the
29 database. The agency shall, upon request from any facility,
30 agency, or program required by or authorized by law to screen
31 its employees or applicants, notify the administrator of the
114
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 facility, agency, or program of the qualifying or
2 disqualifying status of the employee or applicant named in the
3 request.
4 (e) Notwithstanding the confidentiality provisions of
5 s. 415.107, the agency shall provide no later than 45 days
6 after the effective date of this paragraph, a direct-access
7 electronic screening capability to all enrolled facilities or
8 agencies required by law to restrict employment to only an
9 applicant who does not have a disqualifying report in the
10 central abuse registry and tracking system. The agency shall,
11 upon request, provide to such facility or agency a user code
12 by which the facility or agency may query the listing of all
13 persons disqualified because of a confirmed classification.
14 The direct-access screening system shall allow for the
15 electronic matching of an applicant's identifying information,
16 including name, date of birth, race, sex, and social security
17 number, against the listing of disqualified persons. The
18 agency may charge a fee for issuing the user code sufficient
19 to cover the cost of establishing and maintaining the
20 direct-access screening system. The direct-access screening
21 system shall provide immediately to the user only the
22 electronic notification of applicant clearance or
23 disqualification. The system shall also maintain for
24 appropriate entry into the agency screening database an
25 electronic record of the inquiry on behalf of the applicant.
26 (3) The applicant is responsible for paying the fees
27 associated with obtaining the required screening. Payment for
28 the screening and the abuse registry check shall be submitted
29 to the agency. The agency shall establish a schedule of fees
30 to cover the costs of level 1 and level 2 screening and the
31 abuse registry check. Facilities may reimburse employees for
115
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 these costs. The Department of Law Enforcement shall charge
2 the agency for a level 1 or level 2 screening a rate
3 sufficient to cover the costs of such screening pursuant to s.
4 943.053(3). The agency shall, as allowable, reimburse nursing
5 facilities for the cost of conducting background screening as
6 required by this section. This reimbursement will not be
7 subject to any rate ceilings or payment targets in the
8 Medicaid Reimbursement plan.
9 (8) There is no monetary or unemployment liability on
10 the part of, and no cause of action for damages arising
11 against an employer that, upon notice of a disqualifying
12 offense listed under chapter 435 or a confirmed report of
13 abuse, neglect, or exploitation or an act of domestic
14 violence, terminates the employee against whom the report was
15 issued, whether or not the employee has filed for an exemption
16 with the Department of Health or the Agency for Health Care
17 Administration.
18 Section 59. Paragraph (g) of subsection (1) of section
19 400.414, Florida Statutes, is amended to read:
20 400.414 Denial, revocation, or suspension of license;
21 imposition of administrative fine; grounds.--
22 (1) The agency may deny, revoke, or suspend any
23 license issued under this part, or impose an administrative
24 fine in the manner provided in chapter 120, for any of the
25 following actions by an assisted living facility, any person
26 subject to level 2 background screening under s. 400.4174, or
27 any facility employee:
28 (g) A determination that confirmed report of adult
29 abuse, neglect, or exploitation, as defined in s. 415.102,
30 which has been upheld following a chapter 120 hearing or a
31 waiver of such proceedings where the perpetrator is an
116
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 employee, volunteer, administrator, or owner, or person who
2 otherwise has access to the residents of a facility does not
3 meet the criteria specified in s. 435.03(2), and the owner or
4 administrator has not taken action to remove the person
5 perpetrator. Exemptions from disqualification may be granted
6 as set forth in s. 435.07. No administrative action may be
7 taken against the facility if the person perpetrator is
8 granted an exemption.
9 Section 60. Paragraph (c) of subsection (1) and
10 subsection (3) of section 400.4174, Florida Statutes, are
11 amended to read:
12 400.4174 Background screening; exemptions; reports of
13 abuse in facilities.--
14 (1)
15 (c) The agency may grant a provisional license to a
16 facility applying for an initial license when each individual
17 required by this subsection to undergo screening has completed
18 the abuse registry and Department of Law Enforcement
19 background checks, but has not yet received results from the
20 Federal Bureau of Investigation, or when a request for an
21 exemption from disqualification has been submitted to the
22 agency pursuant to s. 435.07, but a response has not been
23 issued.
24 (3) When an employee, volunteer, administrator, or
25 owner of a facility is the subject of a confirmed report of
26 adult abuse, neglect, or exploitation, as defined in s.
27 415.102, and the protective investigator knows that the
28 individual is an employee, volunteer, administrator, or owner
29 of a facility, the agency shall be notified of the confirmed
30 report.
31 Section 61. Subsection (4) of section 400.426, Florida
117
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 Statutes, is amended to read:
2 400.426 Appropriateness of placements; examinations of
3 residents.--
4 (4) If possible, each resident shall have been
5 examined by a licensed physician or a licensed nurse
6 practitioner within 60 days before admission to the facility.
7 The signed and completed medical examination report shall be
8 submitted to the owner or administrator of the facility who
9 shall use the information contained therein to assist in the
10 determination of the appropriateness of the resident's
11 admission and continued stay in the facility. The medical
12 examination report shall become a permanent part of the record
13 of the resident at the facility and shall be made available to
14 the agency during inspection or upon request. An assessment
15 that has been completed through the Comprehensive Assessment
16 and Review for Long-Term Care Services (CARES) Program
17 fulfills the requirements for a medical examination under this
18 subsection and s. 400.407(4)(3)(b)6.
19 Section 62. Subsection (2) of section 400.428, Florida
20 Statutes, is amended to read:
21 400.428 Resident bill of rights.--
22 (2) The administrator of a facility shall ensure that
23 a written notice of the rights, obligations, and prohibitions
24 set forth in this part is posted in a prominent place in each
25 facility and read or explained to residents who cannot read.
26 This notice shall include the name, address, and telephone
27 numbers of the district ombudsman council and central adult
28 abuse hotline registry and, when applicable, the Advocacy
29 Center for Persons with Disabilities, Inc., and the district
30 human rights advocacy committee, where complaints may be
31 lodged. The facility must ensure a resident's access to a
118
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 telephone to call the district ombudsman council, central
2 adult abuse hotline registry, Advocacy Center for Persons with
3 Disabilities, Inc., and district human rights advocacy
4 committee.
5 Section 63. Subsection (20) of section 400.462,
6 Florida Statutes, is amended to read:
7 400.462 Definitions.--As used in this part, the term:
8 (20) "Screening" means the assessment of the
9 background of home health agency personnel, nurse registry
10 personnel, and persons registered under s. 400.509 and
11 includes employment or contractual history checks, records
12 checks of the department's central abuse hotline under chapter
13 415 relating to vulnerable adults, and statewide criminal
14 records correspondence checks through the Department of Law
15 Enforcement.
16 Section 64. Paragraph (d) of subsection (4) of section
17 400.471, Florida Statutes, is amended to read:
18 400.471 Application for license; fee; provisional
19 license; temporary permit.--
20 (4) Each applicant for licensure must comply with the
21 following requirements:
22 (d) A provisional license may be granted to an
23 applicant when each individual required by this section to
24 undergo background screening has met the standards for the
25 abuse registry background check and the Department of Law
26 Enforcement background check, but the agency has not yet
27 received background screening results from the Federal Bureau
28 of Investigation. A standard license may be granted to the
29 licensee upon the agency's receipt of a report of the results
30 of the Federal Bureau of Investigation background screening
31 for each individual required by this section to undergo
119
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 background screening which confirms that all standards have
2 been met, or upon the granting of a disqualification exemption
3 by the agency as set forth in chapter 435. Any other person
4 who is required to undergo level 2 background screening may
5 serve in his or her capacity pending the agency's receipt of
6 the report from the Federal Bureau of Investigation. However,
7 the person may not continue to serve if the report indicates
8 any violation of background screening standards and a
9 disqualification exemption has not been requested of and
10 granted by the agency as set forth in chapter 435.
11 Section 65. Section 400.495, Florida Statutes, is
12 amended to read:
13 400.495 Notice of toll-free telephone number for
14 central abuse hotline registry.--On or before the first day
15 home health services are provided to a patient, any home
16 health agency or nurse registry licensed under this part must
17 inform the patient and his or her immediate family, if
18 appropriate, of the right to report abusive, neglectful, or
19 exploitative practices. The statewide toll-free telephone
20 number for the central abuse hotline registry must be provided
21 to patients in a manner that is clearly legible and must
22 include the words: "To report abuse, neglect, or exploitation,
23 please call toll-free ...(phone number)...." The Agency for
24 Health Care Administration shall adopt rules that provide for
25 90 days' advance notice of a change in the toll-free telephone
26 number and that outline due process procedures, as provided
27 under chapter 120, for home health agency personnel and nurse
28 registry personnel who are reported to the central abuse
29 hotline registry. Home health agencies and nurse registries
30 shall establish appropriate policies and procedures for
31 providing such notice to patients.
120
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 66. Paragraph (d) of subsection (2) of section
2 400.506, Florida Statutes, is amended to read:
3 400.506 Licensure of nurse registries; requirements;
4 penalties.--
5 (2) Each applicant for licensure must comply with the
6 following requirements:
7 (d) A provisional license may be granted to an
8 applicant when each individual required by this section to
9 undergo background screening has met the standards for the
10 abuse registry background check and the Department of Law
11 Enforcement background check but the agency has not yet
12 received background screening results from the Federal Bureau
13 of Investigation. A standard license may be granted to the
14 applicant upon the agency's receipt of a report of the results
15 of the Federal Bureau of Investigation background screening
16 for each individual required by this section to undergo
17 background screening which confirms that all standards have
18 been met, or upon the granting of a disqualification exemption
19 by the agency as set forth in chapter 435. Any other person
20 who is required to undergo level 2 background screening may
21 serve in his or her capacity pending the agency's receipt of
22 the report from the Federal Bureau of Investigation. However,
23 the person may not continue to serve if the report indicates
24 any violation of background screening standards and a
25 disqualification exemption has not been requested of and
26 granted by the agency as set forth in chapter 435.
27 Section 67. Subsection (6) of section 400.509, Florida
28 Statutes, is amended to read:
29 400.509 Registration of particular service providers
30 exempt from licensure; certificate of registration; regulation
31 of registrants.--
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (6) On or before the first day on which services are
2 provided to a patient or client, any registrant under this
3 part must inform the patient or client and his or her
4 immediate family, if appropriate, of the right to report
5 abusive, neglectful, or exploitative practices. The statewide
6 toll-free telephone number for the central abuse hotline
7 registry must be provided to patients or clients in a manner
8 that is clearly legible and must include the words: "To report
9 abuse, neglect, or exploitation, please call toll-free
10 ...(phone number)...." Registrants must establish appropriate
11 policies and procedures for providing such notice to patients
12 or clients.
13 Section 68. Subsections (3), (4), (5), and (6) and
14 paragraph (a) of subsection (7) of section 400.512, Florida
15 Statutes, are amended to read:
16 400.512 Screening of home health agency personnel;
17 nurse registry personnel; and companions and homemakers.--The
18 agency shall require employment or contractor screening as
19 provided in chapter 435, using the level 1 standards for
20 screening set forth in that chapter, for home health agency
21 personnel; persons referred for employment by nurse
22 registries; and persons employed by companion or homemaker
23 services registered under s. 400.509.
24 (3) As a prerequisite to operating as a home health
25 agency, nurse registry, or companion or homemaker service
26 under s. 400.509, the administrator or managing employee,
27 respectively, must submit to the agency his or her name and
28 any other information necessary to conduct a complete
29 screening according to this section. The agency shall submit
30 the information to the Department of Law Enforcement and the
31 department's abuse hotline for state processing. The agency
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hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 shall review the record of the administrator or manager with
2 respect to the offenses specified in this section and shall
3 notify the owner of its findings. If disposition information
4 is missing on a criminal record, the administrator or manager,
5 upon request of the agency, must obtain and supply within 30
6 days the missing disposition information to the agency.
7 Failure to supply missing information within 30 days or to
8 show reasonable efforts to obtain such information will result
9 in automatic disqualification.
10 (4) Proof of compliance with the screening
11 requirements of chapter 435 shall be accepted in lieu of the
12 requirements of this section if the person has been
13 continuously employed or registered without a breach in
14 service that exceeds 180 days, the proof of compliance is not
15 more than 2 years old, and the person has been screened
16 through the central abuse registry and tracking system of the
17 department and by the Department of Law Enforcement. A home
18 health agency, nurse registry, or companion or homemaker
19 service registered under s. 400.509 shall directly provide
20 proof of compliance to another home health agency, nurse
21 registry, or companion or homemaker service registered under
22 s. 400.509. The recipient home health agency, nurse registry,
23 or companion or homemaker service registered under s. 400.509
24 may not accept any proof of compliance directly from the
25 person who requires screening. Proof of compliance with the
26 screening requirements of this section shall be provided upon
27 request to the person screened by the home health agencies;
28 nurse registries; or companion or homemaker services
29 registered under s. 400.509.
30 (5) There is no monetary liability on the part of, and
31 no cause of action for damages arises against, a licensed home
123
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 health agency, licensed nurse registry, or companion or
2 homemaker service registered under s. 400.509, that, upon
3 notice that the employee or contractor has been found guilty
4 of, regardless of adjudication, or entered a plea of nolo
5 contendere or guilty to, any offense prohibited under s.
6 435.03 or under any similar statute of another jurisdiction of
7 a confirmed report of adult abuse, neglect, or exploitation,
8 terminates the employee or contractor against whom the report
9 was issued, whether or not the employee or contractor has
10 filed for an exemption with the agency in accordance with
11 chapter 435 and whether or not the time for filing has
12 expired.
13 (6) The costs of processing the statewide
14 correspondence criminal records checks and the search of the
15 department's central abuse hotline must be borne by the home
16 health agency; the nurse registry; or the companion or
17 homemaker service registered under s. 400.509, or by the
18 person being screened, at the discretion of the home health
19 agency, nurse registry, or s. 400.509 registrant.
20 (7)(a) It is a misdemeanor of the first degree,
21 punishable under s. 775.082 or s. 775.083, for any person
22 willfully, knowingly, or intentionally to:
23 1. Fail, by false statement, misrepresentation,
24 impersonation, or other fraudulent means, to disclose in any
25 application for voluntary or paid employment a material fact
26 used in making a determination as to such person's
27 qualifications to be an employee under this section;
28 2. Operate or attempt to operate an entity licensed or
29 registered under this part with persons who do not meet the
30 minimum standards for good moral character as contained in
31 this section; or
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 3. Use information from the criminal records or
2 central abuse hotline obtained under this section for any
3 purpose other than screening that person for employment as
4 specified in this section or release such information to any
5 other person for any purpose other than screening for
6 employment under this section.
7 Section 69. Paragraph (c) of subsection (1) and
8 subsection (3) of section 400.5572, Florida Statutes, are
9 amended to read:
10 400.5572 Background screening.--
11 (1)
12 (c) The agency may grant a provisional license to an
13 adult day care center applying for an initial license when
14 each individual required by this subsection to undergo
15 screening has completed the abuse registry and Department of
16 Law Enforcement background check checks, but has not yet
17 received results from the Federal Bureau of Investigation, or
18 when a request for an exemption from disqualification has been
19 submitted to the agency pursuant to s. 435.07, but a response
20 has not been issued.
21 (3) When an employee, volunteer, operator, or owner of
22 an adult day care center is the subject of a confirmed report
23 of adult abuse, neglect, or exploitation, as defined in s.
24 415.102, and the protective investigator knows that the
25 individual is an employee, volunteer, operator, or owner of a
26 center, the agency shall be notified of the confirmed report.
27 Section 70. Subsection (2) of section 400.628, Florida
28 Statutes, is amended to read:
29 400.628 Residents' bill of rights.--
30 (2) The provider shall ensure that residents and their
31 legal representatives are made aware of the rights,
125
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 obligations, and prohibitions set forth in this part.
2 Residents must also be given the names, addresses, and
3 telephone numbers of the district ombudsman council and the
4 central adult abuse hotline registry where they may lodge
5 complaints.
6 Section 71. Paragraph (d) of subsection (4) of section
7 400.801, Florida Statutes, is amended to read:
8 400.801 Homes for special services.--
9 (4) Each applicant for licensure must comply with the
10 following requirements:
11 (d) A provisional license may be granted to an
12 applicant when each individual required by this section to
13 undergo background screening has met the standards for the
14 abuse registry background check and the Department of Law
15 Enforcement background check, but the agency has not yet
16 received background screening results from the Federal Bureau
17 of Investigation, or a request for a disqualification
18 exemption has been submitted to the agency as set forth in
19 chapter 435, but a response has not yet been issued. A
20 standard license may be granted to the applicant upon the
21 agency's receipt of a report of the results of the Federal
22 Bureau of Investigation background screening for each
23 individual required by this section to undergo background
24 screening which confirms that all standards have been met, or
25 upon the granting of a disqualification exemption by the
26 agency as set forth in chapter 435. Any other person who is
27 required to undergo level 2 background screening may serve in
28 his or her capacity pending the agency's receipt of the report
29 from the Federal Bureau of Investigation. However, the person
30 may not continue to serve if the report indicates any
31 violation of background screening standards and a
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 disqualification exemption has not been requested of and
2 granted by the agency as set forth in chapter 435.
3 Section 72. Paragraph (d) of subsection (3) of section
4 400.805, Florida Statutes, is amended to read:
5 400.805 Transitional living facilities.--
6 (3) Each applicant for licensure must comply with the
7 following requirements:
8 (d) A provisional license may be granted to an
9 applicant when each individual required by this section to
10 undergo background screening has met the standards for the
11 abuse registry background check and the Department of Law
12 Enforcement background check, but the agency has not yet
13 received background screening results from the Federal Bureau
14 of Investigation, or a request for a disqualification
15 exemption has been submitted to the agency as set forth in
16 chapter 435, but a response has not yet been issued. A
17 standard license may be granted to the applicant upon the
18 agency's receipt of a report of the results of the Federal
19 Bureau of Investigation background screening for each
20 individual required by this section to undergo background
21 screening which confirms that all standards have been met, or
22 upon the granting of a disqualification exemption by the
23 agency as set forth in chapter 435. Any other person who is
24 required to undergo level 2 background screening may serve in
25 his or her capacity pending the agency's receipt of the report
26 from the Federal Bureau of Investigation. However, the person
27 may not continue to serve if the report indicates any
28 violation of background screening standards and a
29 disqualification exemption has not been requested of and
30 granted by the agency as set forth in chapter 435.
31 Section 73. Paragraph (d) of subsection (5) of section
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 400.906, Florida Statutes, is amended to read:
2 400.906 Initial application for license.--
3 (5) Each applicant for licensure must comply with the
4 following requirements:
5 (d) A provisional license may be granted to an
6 applicant when each individual required by this section to
7 undergo background screening has met the standards for the
8 abuse registry background check and the Department of Law
9 Enforcement background check, but the agency has not yet
10 received background screening results from the Federal Bureau
11 of Investigation, or a request for a disqualification
12 exemption has been submitted to the agency as set forth in
13 chapter 435, but a response has not yet been issued. A
14 standard license may be granted to the applicant upon the
15 agency's receipt of a report of the results of the Federal
16 Bureau of Investigation background screening for each
17 individual required by this section to undergo background
18 screening which confirms that all standards have been met, or
19 upon the granting of a disqualification exemption by the
20 agency as set forth in chapter 435. Any other person who is
21 required to undergo level 2 background screening may serve in
22 his or her capacity pending the agency's receipt of the report
23 from the Federal Bureau of Investigation. However, the person
24 may not continue to serve if the report indicates any
25 violation of background screening standards and a
26 disqualification exemption has not been requested of and
27 granted by the agency as set forth in chapter 435.
28 Section 74. Subsection (10) of section 400.931,
29 Florida Statutes, is amended to read:
30 400.931 Application for license; fee; provisional
31 license; temporary permit.--
128
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (10) When a change of the general manager of a home
2 medical equipment provider occurs, the licensee must notify
3 the agency of the change within 45 days thereof and must
4 provide evidence of compliance with the background screening
5 requirements in subsection (5); except that a general manager
6 who has met the standards for the abuse registry background
7 check and the Department of Law Enforcement background check,
8 but for whom background screening results from the Federal
9 Bureau of Investigation have not yet been received, may be
10 employed pending receipt of the Federal Bureau of
11 Investigation background screening report. An individual may
12 not continue to serve as general manager if the Federal Bureau
13 of Investigation background screening report indicates any
14 violation of background screening standards.
15 Section 75. Section 400.95, Florida Statutes, is
16 amended to read:
17 400.95 Notice of toll-free telephone number for
18 central abuse hotline registry.--On or before the first day
19 home medical equipment is delivered to the patient's home, any
20 home medical equipment provider licensed under this part must
21 inform the consumer and his or her immediate family, if
22 appropriate, of the right to report abusive, neglectful, or
23 exploitative practices. The statewide toll-free telephone
24 number for the central abuse hotline registry must be provided
25 to consumers in a manner that is clearly legible and must
26 include the words: "To report abuse, neglect, or
27 exploitation, please call toll-free 1-800-962-2873." Home
28 medical equipment providers shall establish appropriate
29 policies and procedures for providing such notice to
30 consumers.
31 Section 76. Subsections (3), (4), (5), and (6) and
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 paragraph (a) of subsection (7) of section 400.953, Florida
2 Statutes, are amended to read:
3 400.953 Background screening of home medical equipment
4 provider personnel.--The agency shall require employment
5 screening as provided in chapter 435, using the level 1
6 standards for screening set forth in that chapter, for home
7 medical equipment provider personnel.
8 (3) Proof of compliance with the screening
9 requirements of s. 110.1127, s. 393.0655, s. 394.4572, s.
10 397.451, s. 402.305, s. 402.313, s. 409.175, s. 464.008, or s.
11 985.407 or this part must be accepted in lieu of the
12 requirements of this section if the person has been
13 continuously employed in the same type of occupation for which
14 he or she is seeking employment without a breach in service
15 that exceeds 180 days, the proof of compliance is not more
16 than 2 years old, and the person has been screened through the
17 central abuse registry and tracking system of the department
18 and by the Department of Law Enforcement. An employer or
19 contractor shall directly provide proof of compliance to
20 another employer or contractor, and a potential employer or
21 contractor may not accept any proof of compliance directly
22 from the person requiring screening. Proof of compliance with
23 the screening requirements of this section shall be provided,
24 upon request, to the person screened by the home medical
25 equipment provider.
26 (4) There is no monetary liability on the part of, and
27 no cause of action for damages arising against, a licensed
28 home medical equipment provider that, upon notice that an
29 employee has been found guilty of, regardless of adjudication,
30 or entered a plea of nolo contendere or guilty to, any offense
31 prohibited under s. 435.03 or under any similar statute of
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 another jurisdiction of a confirmed report of adult abuse,
2 neglect, or exploitation under chapter 415, terminates the
3 employee against whom the report was issued, whether or not
4 the employee has filed for an exemption with the agency and
5 whether or not the time for filing has expired.
6 (5) The costs of processing the statewide
7 correspondence criminal records checks and the search of the
8 department's central abuse registry must be borne by the home
9 medical equipment provider or by the person being screened, at
10 the discretion of the home medical equipment provider.
11 (6) Neither the agency nor the home medical equipment
12 provider may use the criminal records or, juvenile records, or
13 central abuse registry information of a person for any purpose
14 other than determining whether that person meets minimum
15 standards of good moral character for home medical equipment
16 provider personnel.
17 (7)(a) It is a misdemeanor of the first degree,
18 punishable as provided in s. 775.082 or s. 775.083, for any
19 person willfully, knowingly, or intentionally to:
20 1. Fail, by false statement, misrepresentation,
21 impersonation, or other fraudulent means, to disclose in any
22 application for paid employment a material fact used in making
23 a determination as to the person's qualifications to be an
24 employee under this section;
25 2. Operate or attempt to operate an entity licensed
26 under this part with persons who do not meet the minimum
27 standards for good moral character as contained in this
28 section; or
29 3. Use information from the criminal records or
30 central abuse registry obtained under this section for any
31 purpose other than screening that person for employment as
131
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 specified in this section, or release such information to any
2 other person for any purpose other than screening for
3 employment under this section.
4 Section 77. Subsection (1) of section 400.955, Florida
5 Statutes, is amended to read:
6 400.955 Procedures for screening of home medical
7 equipment provider personnel.--
8 (1) A person employed by a home medical equipment
9 provider shall, within 5 working days after starting to work,
10 submit to the home medical equipment provider a complete set
11 of information necessary to conduct a screening under this
12 section. The person must sign an affidavit stating whether he
13 or she meets the minimum standards for good moral character
14 under this section. The home medical equipment provider shall
15 submit the information to the Department of Law Enforcement
16 and to the department's central abuse registry and tracking
17 system for processing. If disposition information is missing
18 on a criminal record, it is the responsibility of the person
19 being screened to obtain and supply the missing information
20 within 30 days. Failure to supply the missing information or
21 to show reasonable efforts to obtain such information will
22 result in automatic disqualification for employment.
23 Section 78. Paragraph (d) of subsection (10) of
24 section 400.962, Florida Statutes, is amended to read:
25 400.962 License required; license application.--
26 (10)
27 (d) A provisional license may be granted to an
28 applicant when each individual required by this section to
29 undergo background screening has met the standards for the
30 abuse registry background check and the Department of Law
31 Enforcement background check, but the agency has not yet
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 received background screening results from the Federal Bureau
2 of Investigation, or a request for a disqualification
3 exemption has been submitted to the agency as set forth in
4 chapter 435, but a response has not yet been issued. A license
5 may be granted to the applicant upon the agency's receipt of a
6 report of the results of the Federal Bureau of Investigation
7 background screening for each individual required by this
8 section to undergo background screening which confirms that
9 all standards have been met, or upon the granting of a
10 disqualification exemption by the agency as set forth in
11 chapter 435. Any other person who is required to undergo level
12 2 background screening may serve in his or her capacity
13 pending the agency's receipt of the report from the Federal
14 Bureau of Investigation; however, the person may not continue
15 to serve if the report indicates any violation of background
16 screening standards and a disqualification exemption has not
17 been granted by the agency as set forth in chapter 435.
18 Section 79. Subsections (4) and (8) of section
19 400.964, Florida Statutes, are amended to read:
20 400.964 Personnel screening requirement.--
21 (4) The applicant is responsible for paying the fees
22 associated with obtaining the required screening. Payment for
23 the screening and the abuse registry check must be submitted
24 to the agency as prescribed by the agency.
25 (8) There is no monetary or unemployment liability on
26 the part of, and no cause of action for damages arises against
27 an employer that, upon notice of a disqualifying offense
28 listed under chapter 435 or a confirmed report of abuse,
29 neglect, or exploitation or an act of domestic violence,
30 terminates the employee against whom the report was issued,
31 whether or not the employee has filed for an exemption with
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 the Department of Health or the Agency for Health Care
2 Administration.
3 Section 80. Paragraph (d) of subsection (2) of section
4 402.3025, Florida Statutes, is amended to read:
5 402.3025 Public and nonpublic schools.--For the
6 purposes of ss. 402.301-402.319, the following shall apply:
7 (2) NONPUBLIC SCHOOLS.--
8 (d)1. Programs for children who are at least 3 years
9 of age, but under 5 years of age, which are not licensed under
10 ss. 402.301-402.319 shall substantially comply with the
11 minimum child care standards promulgated pursuant to ss.
12 402.305-402.3057.
13 2. The department or local licensing agency shall
14 enforce compliance with such standards, where possible, to
15 eliminate or minimize duplicative inspections or visits by
16 staff enforcing the minimum child care standards and staff
17 enforcing other standards under the jurisdiction of the
18 department.
19 3. The department or local licensing agency may
20 commence and maintain all proper and necessary actions and
21 proceedings for any or all of the following purposes:
22 a. To protect the health, sanitation, safety, and
23 well-being of all children under care.
24 b. To enforce its rules and regulations.
25 c. To use corrective action plans, whenever possible,
26 to attain compliance prior to the use of more restrictive
27 enforcement measures.
28 d. To make application for injunction to the proper
29 circuit court, and the judge of that court shall have
30 jurisdiction upon hearing and for cause shown to grant a
31 temporary or permanent injunction, or both, restraining any
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 person from violating or continuing to violate any of the
2 provisions of ss. 402.301-402.319. Any violation of this
3 section or of the standards applied under ss. 402.305-402.3057
4 which threatens harm to any child in the school's programs for
5 children who are at least 3 years of age, but are under 5
6 years of age, or repeated violations of this section or the
7 standards under ss. 402.305-402.3057, shall be grounds to seek
8 an injunction to close a program in a school.
9 e. To impose an administrative fine, not to exceed
10 $100, for each violation of the minimum child care standards
11 promulgated pursuant to ss. 402.305-402.3057.
12 4. It is a misdemeanor of the first degree, punishable
13 as provided in s. 775.082 or s. 775.083, for any person
14 willfully, knowingly, or intentionally to:
15 a. Fail, by false statement, misrepresentation,
16 impersonation, or other fraudulent means, to disclose in any
17 required written documentation for exclusion from licensure
18 pursuant to this section a material fact used in making a
19 determination as to such exclusion; or
20 b. Use information from the criminal records or
21 central abuse registry obtained under s. 402.305 or s.
22 402.3055 for any purpose other than screening that person for
23 employment as specified in those sections or release such
24 information to any other person for any purpose other than
25 screening for employment as specified in those sections.
26 5. It is a felony of the third degree, punishable as
27 provided in s. 775.082, s. 775.083, or s. 775.084, for any
28 person willfully, knowingly, or intentionally to use
29 information from the juvenile records of any person obtained
30 under s. 402.305 or s. 402.3055 for any purpose other than
31 screening for employment as specified in those sections or to
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 release information from such records to any other person for
2 any purpose other than screening for employment as specified
3 in those sections.
4 Section 81. Paragraph (c) of subsection (5) of section
5 402.3125, Florida Statutes, is amended to read:
6 402.3125 Display and appearance of license; posting of
7 violations; information to be provided to parents.--
8 (5) The department shall develop a model brochure for
9 distribution by the department and by local licensing agencies
10 to every child care facility in the state. Pursuant thereto:
11 (c) The brochure shall, at a minimum, contain the
12 following information:
13 1. A statement that the facility is licensed and has
14 met state standards for licensure as established by s. 402.305
15 or that the facility is licensed by a local licensing agency
16 and has met or exceeded the state standards, pursuant to ss.
17 402.306 and 402.307. Such statement shall include a listing of
18 specific standards that licensed facilities must meet pursuant
19 to s. 402.305.
20 2. A statement indicating that information about the
21 licensure status of the child care facility can be obtained by
22 telephoning the department office or the office of the local
23 licensing agency issuing the license at a telephone number or
24 numbers which shall be printed upon or otherwise affixed to
25 the brochure.
26 3. The statewide toll-free telephone number of the
27 central Florida abuse hotline Registry, together with a notice
28 that reports of suspected and actual cases of child physical
29 abuse, sexual abuse, and neglect are received and referred for
30 investigation by the hotline registry.
31 4. The date that the current license for the facility
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 was issued and the date of its scheduled expiration if it is
2 not renewed.
3 5. Any other information relating to competent child
4 care that the department deems would be helpful to parents and
5 other caretakers in their selection of a child care facility.
6 Section 82. Paragraph (d) of subsection (6) of section
7 402.313, Florida Statutes, is amended to read:
8 402.313 Family day care homes.--
9 (6) The department shall prepare a brochure on family
10 day care for distribution by the department and by local
11 licensing agencies, if appropriate, to family day care homes
12 for distribution to parents utilizing such child care, and to
13 all interested persons, including physicians and other health
14 professionals; mental health professionals; school teachers or
15 other school personnel; social workers or other professional
16 child care, foster care, residential, or institutional
17 workers; and law enforcement officers. The brochure shall, at
18 a minimum, contain the following information:
19 (d) The statewide toll-free telephone number of the
20 central Florida abuse hotline Registry, together with a notice
21 that reports of suspected and actual child physical abuse,
22 sexual abuse, and neglect are received and referred for
23 investigation by the hotline registry.
24 Section 83. Paragraph (b) of subsection (11) of
25 section 409.175, Florida Statutes, is amended to read:
26 409.175 Licensure of family foster homes, residential
27 child-caring agencies, and child-placing agencies.--
28 (11)
29 (b) It is unlawful for any person, agency, summer day
30 camp, or summer 24-hour camp providing care for children to:
31 1. Willfully or intentionally fail to comply with the
137
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 requirements for the screening of personnel or the dismissal
2 of personnel found not to be in compliance with the
3 requirements for good moral character as specified in
4 paragraph (4)(a).
5 2. Use information from the criminal records or
6 central abuse registry obtained under this section for any
7 purpose other than screening a person for employment as
8 specified in this section or to release such information to
9 any other person for any purpose other than screening for
10 employment as specified in this section.
11 Section 84. Subsection (29) of section 409.912,
12 Florida Statutes, is amended to read:
13 409.912 Cost-effective purchasing of health care.--The
14 agency shall purchase goods and services for Medicaid
15 recipients in the most cost-effective manner consistent with
16 the delivery of quality medical care. The agency shall
17 maximize the use of prepaid per capita and prepaid aggregate
18 fixed-sum basis services when appropriate and other
19 alternative service delivery and reimbursement methodologies,
20 including competitive bidding pursuant to s. 287.057, designed
21 to facilitate the cost-effective purchase of a case-managed
22 continuum of care. The agency shall also require providers to
23 minimize the exposure of recipients to the need for acute
24 inpatient, custodial, and other institutional care and the
25 inappropriate or unnecessary use of high-cost services.
26 (29) Each managed care plan that is under contract
27 with the agency to provide health care services to Medicaid
28 recipients shall annually conduct a background check with the
29 Florida Department of Law Enforcement of all persons with
30 ownership interest of 5 percent or more or executive
31 management responsibility for the managed care plan and shall
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 submit to the agency information concerning any such person
2 who has been found guilty of, regardless of adjudication, or
3 has entered a plea of nolo contendere or guilty to, any of the
4 offenses listed in s. 435.03 or has a confirmed report of
5 abuse, neglect, or exploitation pursuant to chapter 415.
6 Section 85. Subsection (5) of section 430.205, Florida
7 Statutes, is amended to read:
8 430.205 Community care service system.--
9 (5) Any person who has been classified as a
10 functionally impaired elderly person is eligible to receive
11 community-care-for-the-elderly core services. Those elderly
12 persons who are determined by adult protective investigations
13 services to be vulnerable adults elderly persons in need of
14 services, pursuant to s. 415.104(3)(b) 415.1045(2)(b), or to
15 be victims of abuse, neglect, or exploitation who are in need
16 of immediate services to prevent further harm and are referred
17 by the adult protective services program, shall be given
18 primary consideration for receiving
19 community-care-for-the-elderly services. As used in this
20 subsection, "primary consideration" means that an assessment
21 and services must commence within 72 hours after referral to
22 the department or as established in accordance with department
23 contracts by local protocols developed between department
24 service providers and the adult protective services program.
25 Section 86. Subsection (1) of section 447.208, Florida
26 Statutes, is amended to read:
27 447.208 Procedure with respect to certain appeals
28 under s. 447.207.--
29 (1) Any person filing an appeal pursuant to subsection
30 (8) or subsection (9) of s. 447.207 shall be entitled to a
31 hearing pursuant to subsections (4) and (5) of s. 447.503 and
139
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 in accordance with chapter 120; however, the hearing shall be
2 conducted within 30 days of the filing of an appeal with the
3 commission, unless an extension of time is granted by the
4 commission for good cause or unless the basis for the appeal
5 is an allegation of abuse or neglect under s. 415.1075, in
6 which case the hearing by the Public Employees Relations
7 Commission may not be held until the confirmed report of abuse
8 or neglect has been upheld pursuant to the procedures for
9 appeal in s. 415.1075. Discovery may be granted only upon a
10 showing of extraordinary circumstances. A party requesting
11 discovery shall demonstrate a substantial need for the
12 information requested and an inability to obtain relevant
13 information by other means. To the extent that chapter 120 is
14 inconsistent with these provisions, the procedures contained
15 in this section shall govern.
16 Section 87. Section 447.401, Florida Statutes, is
17 amended to read:
18 447.401 Grievance procedures.--Each public employer
19 and bargaining agent shall negotiate a grievance procedure to
20 be used for the settlement of disputes between employer and
21 employee, or group of employees, involving the interpretation
22 or application of a collective bargaining agreement. Such
23 grievance procedure shall have as its terminal step a final
24 and binding disposition by an impartial neutral, mutually
25 selected by the parties; however, when the issue under appeal
26 is an allegation of abuse, abandonment, or neglect by an
27 employee under s. 39.201 or s. 415.1034 s. 415.1075, the
28 grievance may not be decided until the abuse, abandonment, or
29 neglect of a child has been judicially determined or until a
30 confirmed report of abuse or neglect of a disabled adult or
31 elderly person has been upheld pursuant to the procedures for
140
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 appeal in s. 415.1075. However, an arbiter or other neutral
2 shall not have the power to add to, subtract from, modify, or
3 alter the terms of a collective bargaining agreement. If an
4 employee organization is certified as the bargaining agent of
5 a unit, the grievance procedure then in existence may be the
6 subject of collective bargaining, and any agreement which is
7 reached shall supersede the previously existing procedure.
8 All public employees shall have the right to a fair and
9 equitable grievance procedure administered without regard to
10 membership or nonmembership in any organization, except that
11 certified employee organizations shall not be required to
12 process grievances for employees who are not members of the
13 organization. A career service employee shall have the option
14 of utilizing the civil service appeal procedure, an unfair
15 labor practice procedure, or a grievance procedure established
16 under this section, but such employee is precluded from
17 availing himself or herself to more than one of these
18 procedures.
19 Section 88. Subsection (5) of section 455.712, Florida
20 Statutes, is amended to read:
21 455.712 Business establishments; requirements for
22 active status licenses.--
23 (5) This section applies to any business establishment
24 registered, permitted, or licensed by the department to do
25 business. Business establishments include, but are not limited
26 to, dental laboratories, electrology facilities, massage
27 establishments, and pharmacies, and health care services
28 pools.
29 Section 89. Paragraph (e) of subsection (1) of section
30 464.018, Florida Statutes, is amended to read:
31 464.018 Disciplinary actions.--
141
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (1) The following acts shall be grounds for
2 disciplinary action set forth in this section:
3 (e) Having been found guilty of, regardless of
4 adjudication, or entered a plea of nolo contendere or guilty
5 to, any offense prohibited under s. 435.03 or under any
6 similar statute of another jurisdiction a confirmed report of
7 abuse, neglect, or exploitation as defined in s. 415.102(6)
8 which has been uncontested or upheld under the procedures of
9 s. 415.1075; or having committed an act which constitutes
10 domestic violence as defined in s. 741.28.
11 Section 90. Paragraph (f) of subsection (4) of section
12 468.520, Florida Statutes, is amended to read:
13 468.520 Definitions.--As used in this part:
14 (4) "Employee leasing" means an arrangement whereby a
15 leasing company assigns its employees to a client and
16 allocates the direction of and control over the leased
17 employees between the leasing company and the client. The term
18 does not include the following:
19 (f) A health care services pool licensed under s.
20 400.980 402.48, unless otherwise engaged in business as an
21 employee leasing company.
22 Section 91. Section 468.826, Florida Statutes, is
23 amended to read:
24 468.826 Exemption from liability.--If an employer
25 terminates or denies employment to a certified nursing
26 assistant whose certification is inactive as shown on the
27 certified nursing assistant registry or whose name appears on
28 the central abuse registry and tracking system of the
29 Department of Children and Family Services or on a criminal
30 screening report of the Department of Law Enforcement, the
31 employer is not civilly liable for such termination and a
142
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 cause of action may not be brought against the employer for
2 damages, regardless of whether the employee has filed for an
3 exemption from the department under s. 468.824(1). There may
4 not be any monetary liability on the part of, and a cause of
5 action for damages may not arise against, any licensed
6 facility, its governing board or members thereof, medical
7 staff, disciplinary board, agents, investigators, witnesses,
8 employees, or any other person for any action taken in good
9 faith without intentional fraud in carrying out this section.
10 Section 92. Subsections (1) and (2) of section
11 468.828, Florida Statutes, are amended to read:
12 468.828 Background screening information; rulemaking
13 authority.--
14 (1) The Agency for Health Care Administration shall
15 allow the department to electronically access its background
16 screening database and records, and the Department of Children
17 and Family Services shall allow the department to
18 electronically access its central abuse registry and tracking
19 system under chapter 415.
20 (2) An employer, or an agent thereof, may not use
21 criminal records or, juvenile records, or information obtained
22 from the central abuse hotline under chapter 415 for any
23 purpose other than determining if the person meets the
24 requirements of this part. Such records and information
25 obtained by the department shall remain confidential and
26 exempt from s. 119.07(1).
27 Section 93. Paragraph (d) of subsection (2) of section
28 483.101, Florida Statutes, is amended to read:
29 483.101 Application for clinical laboratory license.--
30 (2) Each applicant for licensure must comply with the
31 following requirements:
143
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 (d) A provisional license may be granted to an
2 applicant when each individual required by this section to
3 undergo background screening has met the standards for the
4 abuse registry background check and the Department of Law
5 Enforcement background check but the agency has not yet
6 received background screening results from the Federal Bureau
7 of Investigation, or a request for a disqualification
8 exemption has been submitted to the agency as set forth in
9 chapter 435 but a response has not yet been issued. A license
10 may be granted to the applicant upon the agency's receipt of a
11 report of the results of the Federal Bureau of Investigation
12 background screening for each individual required by this
13 section to undergo background screening which confirms that
14 all standards have been met, or upon the granting of a
15 disqualification exemption by the agency as set forth in
16 chapter 435. Any other person who is required to undergo level
17 2 background screening may serve in his or her capacity
18 pending the agency's receipt of the report from the Federal
19 Bureau of Investigation. However, the person may not continue
20 to serve if the report indicates any violation of background
21 screening standards and a disqualification exemption has not
22 been requested of and granted by the agency as set forth in
23 chapter 435.
24 Section 94. Paragraph (d) of subsection (2) of section
25 483.30, Florida Statutes, is amended to read:
26 483.30 Licensing of centers.--
27 (2) Each applicant for licensure must comply with the
28 following requirements:
29 (d) A provisional license may be granted to an
30 applicant when each individual required by this section to
31 undergo background screening has met the standards for the
144
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 abuse registry background check and the Department of Law
2 Enforcement background check, but the agency has not yet
3 received background screening results from the Federal Bureau
4 of Investigation, or a request for a disqualification
5 exemption has been submitted to the agency as set forth in
6 chapter 435 but a response has not yet been issued. A license
7 may be granted to the applicant upon the agency's receipt of a
8 report of the results of the Federal Bureau of Investigation
9 background screening for each individual required by this
10 section to undergo background screening which confirms that
11 all standards have been met, or upon the granting of a
12 disqualification exemption by the agency as set forth in
13 chapter 435. Any other person who is required to undergo level
14 2 background screening may serve in his or her capacity
15 pending the agency's receipt of the report from the Federal
16 Bureau of Investigation. However, the person may not continue
17 to serve if the report indicates any violation of background
18 screening standards and a disqualification exemption has not
19 been requested of and granted by the agency as set forth in
20 chapter 435.
21 Section 95. Paragraph (a) of subsection (2) of section
22 509.032, Florida Statutes, is amended to read:
23 509.032 Duties.--
24 (2) INSPECTION OF PREMISES.--
25 (a) The division has responsibility and jurisdiction
26 for all inspections required by this chapter. The division
27 has responsibility for quality assurance. Each licensed
28 establishment shall be inspected at least biannually and at
29 such other times as the division determines is necessary to
30 ensure the public's health, safety, and welfare. The division
31 shall establish a system to determine inspection frequency.
145
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 Public lodging units classified as resort condominiums or
2 resort dwellings are not subject to this requirement, but
3 shall be made available to the division upon request. If,
4 during the inspection of a public lodging establishment
5 classified for renting to transient or nontransient tenants,
6 an inspector identifies vulnerable disabled adults or elderly
7 persons who appear to be victims of neglect, as defined in s.
8 415.102, or, in the case of a building that is not equipped
9 with automatic sprinkler systems, tenants or clients who may
10 be unable to self-preserve in an emergency, the division shall
11 convene meetings with the following agencies as appropriate to
12 the individual situation: the Department of Health, the
13 Department of Elderly Affairs, the area agency on aging, the
14 local fire marshal, the landlord and affected tenants and
15 clients, and other relevant organizations, to develop a plan
16 which improves the prospects for safety of affected residents
17 and, if necessary, identifies alternative living arrangements
18 such as facilities licensed under part II or part III of
19 chapter 400.
20 Section 96. Subsection (3) of section 744.309, Florida
21 Statutes, is amended to read:
22 744.309 Who may be appointed guardian of a resident
23 ward.--
24 (3) DISQUALIFIED PERSONS.--No person who has been
25 convicted of a felony or who, from any incapacity or illness,
26 is incapable of discharging the duties of a guardian, or who
27 is otherwise unsuitable to perform the duties of a guardian,
28 shall be appointed to act as guardian. Further, no person who
29 has been judicially determined to have committed abuse,
30 abandonment, or neglect against a child as defined in s. 39.01
31 or s. 984.03(1), (2), and (39), or who has been found guilty
146
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 of, regardless of adjudication, or entered a plea of nolo
2 contendere or guilty to, any offense prohibited under s.
3 435.03 or under any similar statute of another jurisdiction, a
4 confirmed report of abuse, neglect, or exploitation which has
5 been uncontested or upheld pursuant to the provisions of ss.
6 415.104 and 415.1075 shall be appointed to act as a guardian.
7 Except as provided in subsection (5) or subsection (6), a
8 person who provides substantial services to the proposed ward
9 in a professional or business capacity, or a creditor of the
10 proposed ward, may not be appointed guardian and retain that
11 previous professional or business relationship. A person may
12 not be appointed a guardian if he or she is in the employ of
13 any person, agency, government, or corporation that provides
14 service to the proposed ward in a professional or business
15 capacity, except that a person so employed may be appointed if
16 he or she is the spouse, adult child, parent, or sibling of
17 the proposed ward or the court determines that the potential
18 conflict of interest is insubstantial and that the appointment
19 would clearly be in the proposed ward's best interest. The
20 court may not appoint a guardian in any other circumstance in
21 which a conflict of interest may occur.
22 Section 97. Subsection (12) of section 744.474,
23 Florida Statutes, is amended to read:
24 744.474 Reasons for removal of guardian.--A guardian
25 may be removed for any of the following reasons, and the
26 removal shall be in addition to any other penalties prescribed
27 by law:
28 (12) Having been found guilty of, regardless of
29 adjudication, or entered a plea of nolo contendere or guilty
30 to, any offense prohibited under s. 435.03 or under any
31 similar statute of another jurisdiction A confirmed report
147
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 pursuant to a protective investigation made by the Department
2 of Children and Family Services, which has been uncontested or
3 has been upheld, in accordance with s. 415.1075, that the
4 guardian has abused, neglected, or exploited the ward.
5 Section 98. Section 744.7081, Florida Statutes, is
6 amended to read:
7 744.7081 Access to records by Statewide Public
8 Guardianship Office; confidentiality.--Notwithstanding any
9 other provision of law to the contrary, any medical,
10 financial, or mental health records held by an agency, or the
11 court and its agencies, which are necessary to evaluate the
12 public guardianship system, to assess the need for additional
13 public guardianship, or to develop required reports, shall be
14 provided to the Statewide Public Guardianship Office upon that
15 office's request. Any confidential or exempt information
16 provided to the Statewide Public Guardianship Office shall
17 continue to be held confidential or exempt as otherwise
18 provided by law. All records held by the Statewide Public
19 Guardianship Office relating to the medical, financial, or
20 mental health of vulnerable citizens who are elderly persons
21 or disabled adults as defined in chapter 415, persons with a
22 developmental disability as defined in chapter 393, or persons
23 with a mental illness as defined in chapter 394, shall be
24 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
25 of the State Constitution. This section is subject to the Open
26 Government Sunset Review Act of 1995 in accordance with s.
27 119.15, and shall stand repealed on October 2, 2004, unless
28 reviewed and saved from repeal through reenactment by the
29 Legislature.
30 Section 99. Paragraph (a) of subsection (6) of section
31 775.21, Florida Statutes, is amended to read:
148
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 775.21 The Florida Sexual Predators Act; definitions;
2 legislative findings, purpose, and intent; criteria;
3 designation; registration; community and public notification;
4 immunity; penalties.--
5 (6) REGISTRATION.--
6 (a) A sexual predator must register with the
7 department by providing the following information to the
8 department:
9 1. Name, social security number, age, race, sex, date
10 of birth, height, weight, hair and eye color, photograph,
11 address of legal residence and address of any current
12 temporary residence, including a rural route address and a
13 post office box, date and place of any employment, date and
14 place of each conviction, fingerprints, and a brief
15 description of the crime or crimes committed by the offender.
16 A post office box shall not be provided in lieu of a physical
17 residential address. If the sexual predator's place of
18 residence is a motor vehicle, trailer, mobile home, or
19 manufactured home, as defined in chapter 320, the sexual
20 predator shall also provide to the department written notice
21 of the vehicle identification number; the license tag number;
22 the registration number; and a description, including color
23 scheme, of the motor vehicle, trailer, mobile home, or
24 manufactured home. If a sexual predator's place of residence
25 is a vessel, live-aboard vessel, or houseboat, as defined in
26 chapter 327, the sexual predator shall also provide to the
27 department written notice of the hull identification number;
28 the manufacturer's serial number; the name of the vessel,
29 live-aboard vessel, or houseboat; the registration number; and
30 a description, including color scheme, of the vessel,
31 live-aboard vessel, or houseboat.
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 2. Any other information determined necessary by the
2 department, including criminal and corrections records;
3 nonprivileged personnel and, treatment, and abuse registry
4 records; and evidentiary genetic markers when available.
5 Section 100. Paragraph (e) of subsection (5) of
6 section 916.107, Florida Statutes, is amended to read:
7 916.107 Rights of forensic clients.--
8 (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.--
9 (e) Each client committed pursuant to this chapter
10 shall have ready access to a telephone in order to report an
11 alleged abuse. The facility or program staff shall orally and
12 in writing inform each client of the procedure for reporting
13 abuse and shall present the information in a language the
14 client understands. A written copy of that procedure,
15 including the telephone number of the central abuse hotline
16 registry and reporting forms, shall be posted in plain view.
17 Section 101. Paragraph (a) of subsection (4) of
18 section 943.0585, Florida Statutes, is amended to read:
19 943.0585 Court-ordered expunction of criminal history
20 records.--The courts of this state have jurisdiction over
21 their own procedures, including the maintenance, expunction,
22 and correction of judicial records containing criminal history
23 information to the extent such procedures are not inconsistent
24 with the conditions, responsibilities, and duties established
25 by this section. Any court of competent jurisdiction may
26 order a criminal justice agency to expunge the criminal
27 history record of a minor or an adult who complies with the
28 requirements of this section. The court shall not order a
29 criminal justice agency to expunge a criminal history record
30 until the person seeking to expunge a criminal history record
31 has applied for and received a certificate of eligibility for
150
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 expunction pursuant to subsection (2). A criminal history
2 record that relates to a violation of chapter 794, s. 800.04,
3 s. 817.034, s. 827.071, chapter 839, s. 893.135, or a
4 violation enumerated in s. 907.041 may not be expunged,
5 without regard to whether adjudication was withheld, if the
6 defendant was found guilty of or pled guilty or nolo
7 contendere to the offense, or if the defendant, as a minor,
8 was found to have committed, or pled guilty or nolo contendere
9 to committing, the offense as a delinquent act. The court may
10 only order expunction of a criminal history record pertaining
11 to one arrest or one incident of alleged criminal activity,
12 except as provided in this section. The court may, at its sole
13 discretion, order the expunction of a criminal history record
14 pertaining to more than one arrest if the additional arrests
15 directly relate to the original arrest. If the court intends
16 to order the expunction of records pertaining to such
17 additional arrests, such intent must be specified in the
18 order. A criminal justice agency may not expunge any record
19 pertaining to such additional arrests if the order to expunge
20 does not articulate the intention of the court to expunge a
21 record pertaining to more than one arrest. This section does
22 not prevent the court from ordering the expunction of only a
23 portion of a criminal history record pertaining to one arrest
24 or one incident of alleged criminal activity. Notwithstanding
25 any law to the contrary, a criminal justice agency may comply
26 with laws, court orders, and official requests of other
27 jurisdictions relating to expunction, correction, or
28 confidential handling of criminal history records or
29 information derived therefrom. This section does not confer
30 any right to the expunction of any criminal history record,
31 and any request for expunction of a criminal history record
151
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 may be denied at the sole discretion of the court.
2 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
3 criminal history record of a minor or an adult which is
4 ordered expunged by a court of competent jurisdiction pursuant
5 to this section must be physically destroyed or obliterated by
6 any criminal justice agency having custody of such record;
7 except that any criminal history record in the custody of the
8 department must be retained in all cases. A criminal history
9 record ordered expunged that is retained by the department is
10 confidential and exempt from the provisions of s. 119.07(1)
11 and s. 24(a), Art. I of the State Constitution and not
12 available to any person or entity except upon order of a court
13 of competent jurisdiction. A criminal justice agency may
14 retain a notation indicating compliance with an order to
15 expunge.
16 (a) The person who is the subject of a criminal
17 history record that is expunged under this section or under
18 other provisions of law, including former s. 893.14, former s.
19 901.33, and former s. 943.058, may lawfully deny or fail to
20 acknowledge the arrests covered by the expunged record, except
21 when the subject of the record:
22 1. Is a candidate for employment with a criminal
23 justice agency;
24 2. Is a defendant in a criminal prosecution;
25 3. Concurrently or subsequently petitions for relief
26 under this section or s. 943.059;
27 4. Is a candidate for admission to The Florida Bar;
28 5. Is seeking to be employed or licensed by or to
29 contract with the Department of Children and Family Services
30 or the Department of Juvenile Justice or to be employed or
31 used by such contractor or licensee in a sensitive position
152
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 having direct contact with children, the developmentally
2 disabled, the aged, or the elderly as provided in s.
3 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
4 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
5 415.1075(4), s. 985.407, or chapter 400; or
6 6. Is seeking to be employed or licensed by the Office
7 of Teacher Education, Certification, Staff Development, and
8 Professional Practices of the Department of Education, any
9 district school board, or any local governmental entity that
10 licenses child care facilities.
11 Section 102. Paragraph (e) of subsection (4) of
12 section 985.05, Florida Statutes, is amended to read:
13 985.05 Court records.--
14 (4) A court record of proceedings under this part is
15 not admissible in evidence in any other civil or criminal
16 proceeding, except that:
17 (e) Records of proceedings under this part may be used
18 to prove disqualification pursuant to ss. 110.1127, 393.0655,
19 394.457, 397.451, 402.305, 402.313, 409.175, 409.176, and
20 985.407, and for proof in a chapter 120 proceeding pursuant to
21 s. 415.1075.
22 Section 103. Sections 415.1065, 415.1075, 415.1085,
23 and 415.109, Florida Statutes, are repealed.
24 Section 104. There is hereby appropriated from the
25 Health Care Trust Fund to the Agency for Health Care
26 Administration one full-time equivalent position and $60,000
27 to implement the provisions of s. 400.980, Florida Statutes,
28 relating to the regulation of health care services pools, as
29 provided for in this act.
30 Section 105. Except as otherwise provided herein, this
31 act shall take effect upon becoming a law.
153
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 remove from the title of the bill: the entire title
4
5 and insert in lieu thereof:
6 A bill to be entitled
7 An act relating to protection of vulnerable
8 persons; creating the Task Force on the
9 Availability and Affordability of Long-term
10 Care; providing for membership and duties;
11 providing for staff and expenses; requiring a
12 report; providing for the expiration of the
13 task force; providing an appropriation;
14 amending s. 400.6065, F.S.; providing
15 employment screening requirements for hospice
16 personnel; providing penalties; renumbering and
17 amending s. 402.48, F.S.; revising the
18 definition of "health care services pool";
19 providing background screening requirements for
20 applicants for registration, managing
21 employees, and financial officers of such
22 entities, and certain others; providing
23 penalties; requiring such entities to obtain a
24 certificate of registration from the Agency for
25 Health Care Administration; providing for
26 injunction; revising application procedures;
27 revising responsibilities regarding temporary
28 employees; increasing a penalty; transferring
29 powers, duties, functions, and appropriations
30 relating to health care services pools from the
31 Department of Health to the Agency for Health
154
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 Care Administration; amending s. 415.102, F.S.;
2 revising definitions; amending s. 415.103,
3 F.S.; providing for a central abuse hotline to
4 receive reports of abuse, neglect, or
5 exploitation of vulnerable adults; amending s.
6 415.1034, F.S.; conforming provisions relating
7 to mandatory reporting; amending s. 415.1035,
8 F.S.; providing duty of the Department of
9 Children and Family Services to ensure that
10 facilities inform residents of their right to
11 report abuse, neglect, or exploitation;
12 amending s. 415.1036, F.S.; conforming
13 provisions relating to immunity of persons
14 making reports; amending ss. 415.104 and
15 415.1045, F.S.; revising provisions relating to
16 protective investigations; extending the time
17 limit for completion of the department's
18 investigation; providing for access to records
19 and documents; providing for working agreements
20 with law enforcement entities; amending s.
21 415.105, F.S.; authorizing the department to
22 petition the court to enjoin interference with
23 the provision of protective services; amending
24 s. 415.1051, F.S.; providing for enforcement of
25 court-ordered protective services when any
26 person interferes; amending s. 415.1052, F.S.,
27 relating to interference with investigations or
28 provision of services; amending s. 415.1055,
29 F.S.; deleting provisions relating to
30 notification to subjects, reporters, law
31 enforcement, and state attorneys of a report
155
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 alleging abuse, neglect, or exploitation;
2 amending s. 415.106, F.S., relating to
3 cooperation by criminal justice and other
4 agencies; amending s. 415.107, F.S.; providing
5 certain access to confidential records and
6 reports; providing that information in the
7 central abuse hotline may not be used for
8 employment screening; amending s. 415.1102,
9 F.S.; revising provisions relating to adult
10 protection teams; amending s. 415.111, F.S.,
11 relating to criminal penalties; amending s.
12 415.1111, F.S.; revising provisions relating to
13 civil penalties; amending s. 415.1113, F.S.,
14 relating to administrative fines for false
15 reporting; amending s. 415.113, F.S., relating
16 to treatment by spiritual means; amending s.
17 435.03, F.S.; revising provisions relating to
18 level 1 and level 2 screening standards;
19 amending s. 435.05, F.S.; revising provisions
20 relating to screening requirements for covered
21 employees; amending s. 435.07, F.S., relating
22 to exemptions; amending s. 435.08, F.S.,
23 relating to payment for processing records
24 checks; amending s. 435.09, F.S., relating to
25 confidentiality of background check
26 information; creating ss. 435.401, 435.402,
27 435.403, and 435.405, F.S.; providing special
28 work history checks for caregivers of
29 vulnerable adults; providing definitions;
30 requiring certain organizations that hire,
31 contract with, or register for referral such
156
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 caregivers to obtain service letters regarding
2 applicants from all previous such organizations
3 with whom the applicant worked within a
4 specified period; providing duties of such
5 applicants and organizations; providing
6 penalties; providing for conditional
7 employment, contract, or registration for
8 referral for a specified period; providing for
9 good faith efforts to perform required duties;
10 providing for certain burden of proof;
11 providing penalties for persons or
12 organizations that knowingly provide certain
13 false or incomplete information; providing
14 certain immunity from civil liability;
15 protecting certain information from discovery
16 in legal or administrative proceedings;
17 providing for enforcement by the Agency for
18 Health Care Administration; providing for
19 disposition of fines; requiring rules; amending
20 ss. 20.43, 455.712, and 468.520, F.S.; deleting
21 references to health care services pools in
22 provisions relating to the Department of
23 Health; correcting a cross reference; amending
24 ss. 39.202, 90.803, 110.1127, 112.0455, 119.07,
25 232.50, 242.335, 320.0848, 381.0059, 381.60225,
26 383.305, 390.015, 393.067, 393.0674, 394.459,
27 394.875, 355.0055, 395.0199, 395.3025, 397.461,
28 400.022, 400.071, 400.215, 400.414, 400.4174,
29 400.426, 400.428, 400.462, 400.471, 400.495,
30 400.506, 400.509, 400.512, 400.5572, 400.628,
31 400.801, 400.805, 400.906, 400.931, 400.95,
157
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HOUSE AMENDMENT
hbd-22 Bill No. HB 1993, 1st Eng.
Amendment No. (for drafter's use only)
1 400.953, 400.955, 400.962, 400.964, 402.3025,
2 402.3125, 402.313, 409.175, 409.912, 430.205,
3 447.208, 447.401, 464.018, 468.826, 468.828,
4 483.101, 483.30, 509.032, 744.309, 744.474,
5 744.7081, 775.21, 916.107, 943.0585, and
6 985.05, F.S.; conforming to the act provisions
7 relating to protection of vulnerable adults and
8 the central abuse hotline; repealing s.
9 415.1065, F.S., relating to management of
10 records of the central abuse registry and
11 tracking system; repealing s. 415.1075, F.S.,
12 relating to amendment of such records, and
13 expunctions, appeals, and exemptions with
14 respect thereto; repealing s. 415.1085, F.S.,
15 relating to photographs and medical
16 examinations pursuant to investigations of
17 abuse or neglect of an elderly person or
18 disabled adult; repealing s. 415.109, F.S.,
19 relating to abrogation of privileged
20 communication in cases involving suspected
21 adult abuse, neglect, or exploitation;
22 providing an appropriation; providing effective
23 dates.
24
25
26
27
28
29
30
31
158
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