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The Committee on Children, Families, and Elder Affairs (Rich)

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recommended the following amendment:

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     Senate Amendment (with title amendments)

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     Delete line(s) 148-163

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and insert:

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     Section 1.  Section 393.0673, Florida Statutes, is amended

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to read:

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     393.0673 Denial, suspension, or revocation of license;

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moratorium on admissions; administrative fines; procedures.--

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     (1) The agency may deny, revoke, or suspend a license or

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impose an administrative fine, not to exceed $1,000 per violation

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per day, if:

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     (a) The applicant or licensee has:

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     1.(a) Has Falsely represented or omitted a material fact in

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its license application submitted under s. 393.067;.

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     2.(b) Has Had prior action taken against it under the

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Medicaid or Medicare program; or.

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     3.(c) Has Failed to comply with the applicable requirements

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of this chapter or rules applicable to the applicant or licensee.

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     (b) The Department of Children and Family Services has

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verified that the licensee is responsible for the abuse, neglect,

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or abandonment of a child or the abuse, neglect, or exploitation

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of a vulnerable adult.

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     (2) The agency may deny an application for licensure

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submitted under s. 393.067 if:

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     (a) The applicant has:

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     1. Falsely represented or omitted a material fact in its

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license application submitted under s. 393.067;

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     2. Had prior action taken against it under the Medicaid or

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Medicare program;

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     3. Failed to comply with the applicable requirements of

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this chapter or rules applicable to the applicant; or

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     4. Previously had a license to operate a residential

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facility revoked by the agency, the Department of Children and

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Family Services, or the Agency for Health Care Administration.

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     (b) The Department of Children and Family Services has

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verified that the applicant is responsible for the abuse,

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neglect, or abandonment of a child or the abuse, neglect, or

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exploitation of a vulnerable adult.

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     (3)(2) All hearings shall be held within the county in

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which the licensee or applicant operates or applies for a license

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to operate a facility as defined herein.

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     (4)(3) The agency, as a part of any final order issued by

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it under this chapter, may impose such fine as it deems proper,

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except that such fine may not exceed $1,000 for each violation.

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Each day a violation of this chapter occurs constitutes a

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separate violation and is subject to a separate fine, but in no

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event may the aggregate amount of any fine exceed $10,000. Fines

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paid by any facility licensee under the provisions of this

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subsection shall be deposited in the Resident Protection Trust

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Fund and expended as provided in s. 400.063.

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     (5)(4) The agency may issue an order immediately suspending

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or revoking a license when it determines that any condition in

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the facility presents a danger to the health, safety, or welfare

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of the residents in the facility.

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     (6)(5) The agency may impose an immediate moratorium on

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admissions to any facility when the agency department determines

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that any condition in the facility presents a threat to the

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health, safety, or welfare of the residents in the facility.

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     (7)(6) The agency shall establish by rule criteria for

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evaluating the severity of violations and for determining the

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amount of fines imposed.

3/25/2008  12:09:00 PM     586-05711-08