1

A bill to be entitled

2

An act relating to adult protection and care; amending s.

3

322.142, F.S.; authorizing the Department of Children and

4

Family Services to obtain copies of driver's license files

5

maintained by the Department of Highway Safety and Motor

6

Vehicles for the purpose of conducting protective

7

investigations; amending s. 400.141, F.S.; requiring a

8

search of the Department of Law Enforcement's sexual

9

offender database to be conducted on all nursing home

10

residents; amending s. 400.19, F.S.; revising provisions

11

relating to unannounced inspections; amending s. 400.215,

12

F.S.; requiring contracted workers employed in a nursing

13

home to submit to background screening; prohibiting

14

employees and contracted workers who do not meet

15

background screening requirements from being employed in a

16

nursing home; providing certain exceptions; deleting an

17

obsolete provision; amending s. 408.809, F.S.; requiring

18

the agency to establish a fee schedule to cover the cost

19

of a level 1 or level 2 screening and giving the agency

20

rulemaking authority; amending s. 408.810, F.S.; requiring

21

health care facilities regulated by the Agency for Health

22

Care Administration to post certain information in the

23

facility; authorizing the agency to charge a fee to cover

24

production and distribution unless the information is

25

downloaded from the agency's website; amending s. 408.811,

26

F.S.; providing that agency employees who provide advance

27

notice of unannounced agency inspections are subject to

28

suspension; providing a timeline and process for

29

correction of deficiencies; providing that the agency may

30

provide electronic access to documents; amending s.

31

415.103, F.S.; requiring certain reports to the central

32

abuse hotline relating to vulnerable adults to be

33

immediately transferred to the county sheriff's office;

34

amending s. 415.1051, F.S.; authorizing the Department of

35

Children and Family Services to file the petition to

36

determine incapacity in adult protection proceedings;

37

prohibiting the department from serving as the guardian or

38

providing legal counsel to the guardian; amending s.

39

415.112, F.S.; specifying rules to be adopted by the

40

Department of Children and Family Services relating to

41

adult protective services under ch. 415, F.S.; amending s.

42

429.02, F.S.; revising the definition of "service plan" to

43

remove the limitation that plans are required only in

44

assisted living facilities that have an extended

45

congregate care license; requiring that the agency develop

46

a service plan form; amending s. 429.07, F.S.; providing

47

that license requirements for specialty licenses apply to

48

current licensees as well as applicants for an extended

49

congregate care and limited nursing license; conforming a

50

cross-reference; amending s. 429.174, F.S.; requiring

51

certain employees and contracted workers in assisted

52

living facilities to submit to background screening;

53

prohibiting employees and contracted workers who do not

54

meet background screening requirements from being employed

55

in an assisted living facility; providing certain

56

exceptions; requiring the person being screened to pay for

57

the cost of screening; amending s. 429.255, F.S.;

58

providing that the owner or administrator of an assisted

59

living facility is responsible for the services provided

60

in the facility; amending s. 429.26, F.S.; clarifying a

61

prohibition on moving a resident; providing for the

62

development of a service plan for all residents; requiring

63

a search of the Department of Law Enforcement's sexual

64

offender database to be conducted on all residents of an

65

assisted living facility; requiring residents to be

66

periodically assessed for competency to handle personal

67

affairs; amending s. 429.27, F.S.; prohibiting assisted

68

living facility personnel from making certain decisions

69

for a resident or acting as the resident's representative

70

or surrogate; amending s. 429.28, F.S.; requiring that

71

notice of a resident's relocation or termination of

72

residency be in writing and a copy sent to specified

73

persons; requiring the State Long-Term Ombudsman Program

74

include information within their annual report to the

75

Governor and the Legislature; requiring facilities to have

76

a written grievance procedure that includes certain

77

information; requiring that grievances reported to the

78

local ombudsman council be included in a statewide

79

reporting system; revising provisions relating to agency

80

surveys to determine compliance with resident rights in

81

assisted living facilities; amending s. 429.294, F.S.;

82

deleting a cross-reference; amending s. 429.34, F.S.;

83

providing for unannounced inspections; providing for

84

additional 6-month inspections for certain violations;

85

providing for an additional fine for 6-month inspections;

86

amending s. 429.41, F.S.; requiring all residents of

87

assisted living facilities to have a service plan;

88

amending s. 429.65, F.S.; providing a definition of the

89

term "reside"; amending s. 429.67, F.S.; expanding the

90

list of persons who must have a background screening in

91

adult family-care homes; amending s. 429.69, F.S.;

92

providing that the failure of a adult family-care home

93

provider to live in the home is grounds for the denial,

94

revocation, or suspension of a license; amending s.

95

429.73, F.S.; requiring adult family-care home residents

96

to be periodically assessed for competency to handle

97

personal affairs; amending ss. 435.03 and 435.04, F.S.;

98

providing additional criminal offenses for screening

99

certain health care facility personnel; repealing s.

100

400.141(13), F.S., relating to a requirement to post

101

certain information in nursing homes; repealing s.

102

408.809(3), F.S., relating to the granting of a

103

provisional license while awaiting the results of a

104

background screening; repealing s. 429.08(2), F.S.,

105

deleting a provision relating to local workgroups of field

106

offices of the Agency for Health Care Administration;

107

repealing s. 429.41(5), F.S., relating to agency

108

inspections; amending ss. 430.80 and 651.118, F.S.;

109

conforming cross-references; providing an appropriation

110

and authorizing additional positions; providing an

111

effective date.

112

113

Be It Enacted by the Legislature of the State of Florida:

114

115

     Section 1.  Subsection (4) of section 322.142, Florida

116

Statutes, is amended to read:

117

     322.142  Color photographic or digital imaged licenses.--

118

     (4)  The department may maintain a film negative or print

119

file. The department shall maintain a record of the digital image

120

and signature of the licensees, together with other data required

121

by the department for identification and retrieval. Reproductions

122

from the file or digital record are exempt from the provisions of

123

s. 119.07(1) and shall be made and issued only for departmental

124

administrative purposes; for the issuance of duplicate licenses;

125

in response to law enforcement agency requests; to the Department

126

of State pursuant to an interagency agreement to facilitate

127

determinations of eligibility of voter registration applicants

128

and registered voters in accordance with ss. 98.045 and 98.075;

129

to the Department of Revenue pursuant to an interagency agreement

130

for use in establishing paternity and establishing, modifying, or

131

enforcing support obligations in Title IV-D cases; to the

132

Department of Children and Family Services pursuant to an

133

interagency agreement to conduct protective investigations under

134

chapter 415; or to the Department of Financial Services pursuant

135

to an interagency agreement to facilitate the location of owners

136

of unclaimed property, the validation of unclaimed property

137

claims, and the identification of fraudulent or false claims, and

138

are exempt from the provisions of s. 119.07(1).

139

     Section 2.  Subsection (25) is added to section 400.141,

140

Florida Statutes, to read:

141

     400.141  Administration and management of nursing home

142

facilities.--Every licensed facility shall comply with all

143

applicable standards and rules of the agency and shall:

144

     (25) Conduct a search of the Department of Law

145

Enforcement's sexual offender database for each prospective

146

resident before admission or immediately after admission. A

147

facility must maintain verification that all residents have been

148

screened. The information obtained may be used by the facility to

149

assess the needs of the resident and to provide adequate and

150

appropriate health care and protective and support services in

151

accordance with this part. The information obtained may be

152

disclosed to other residents. The facility does not have to

153

rescreen a resident who is away from a facility for no more than

154

45 days.

155

156

Facilities that have been awarded a Gold Seal under the program

157

established in s. 400.235 may develop a plan to provide certified

158

nursing assistant training as prescribed by federal regulations

159

and state rules and may apply to the agency for approval of their

160

program.

161

     Section 3.  Subsection (3) of section 400.19, Florida

162

Statutes, is amended to read:

163

     400.19  Right of entry and inspection.--

164

     (3)  The agency shall every 15 months conduct at least one

165

unannounced inspection to determine compliance by the licensee

166

with statutes, and related with rules promulgated under the

167

provisions of those statutes, governing minimum standards of

168

construction, quality and adequacy of care, and rights of

169

residents. The survey shall be conducted every 6 months for the

170

next 2-year period if the facility has been cited for a class I

171

deficiency, has been cited for two or more class II deficiencies

172

arising from separate surveys or investigations within a 60-day

173

period, or has had three or more substantiated complaints within

174

a 6-month period, each resulting in at least one class I or class

175

II deficiency. In addition to any other fees or fines in this

176

part, the agency shall assess a fine for each facility that is

177

subject to the 6-month survey cycle. The fine for the 2-year

178

period shall be $6,000, one-half to be paid at the completion of

179

each survey. The agency may adjust this fine by the change in the

180

Consumer Price Index, based on the 12 months immediately

181

preceding the change increase, to cover the cost of the

182

additional surveys. The agency shall verify through subsequent

183

inspection that any deficiency identified during inspection is

184

corrected. However, the agency may verify the correction of a

185

class III or class IV deficiency unrelated to resident rights or

186

resident care without reinspecting the facility if adequate

187

written documentation has been received from the facility, which

188

provides assurance that the deficiency has been corrected. The

189

giving or causing to be given of advance notice of such

190

unannounced inspections by an employee of the agency to any

191

unauthorized person shall constitute cause for suspension of not

192

fewer than 5 working days according to the provisions of chapter

193

110.

194

     Section 4.  Section 400.215, Florida Statutes, is amended to

195

read:

196

     400.215 Background Personnel screening requirement.--

197

     (1) The agency shall require Background screening as

198

provided in chapter 435 is required for all nursing home facility

199

employees or prospective employees of facilities licensed under

200

this part who are expected to, or whose responsibilities may

201

require them to:

202

     (a)  Provide personal care or services to residents;

203

     (b)  Have access to resident living areas; or

204

     (c)  Have access to resident funds or other personal

205

property.

206

     (2) Background screening as provided in chapter 435 is

207

required for all nursing home facility contracted workers who are

208

expected to, or whose responsibilities may require them to,

209

provide personal care or services to residents. The facility

210

shall maintain verification that such contracted workers have

211

been screened pursuant to this section. The facility may either

212

obtain a copy of the qualifying screening results from the entity

213

or receive an affidavit from the entity which specifies that a

214

background screen has been performed on all contracted workers

215

sent to the facility. Contracted workers who do not provide

216

personal care or services to residents are not required to be

217

screened pursuant to this section but must sign in at the

218

reception desk or nurses' station upon entering the facility,

219

wear an identification badge while on the premises, and sign out

220

before leaving the facility. The nursing facility shall maintain

221

a log containing the information collected.

222

     (3)(2) Employers, and employees, contractors, and

223

contracted workers shall comply with the requirements of s.

224

435.05.

225

     (a) Notwithstanding the provisions of s. 435.05(1),

226

facilities must have in their possession evidence that level 1

227

screening under s. 435.03 has been completed before allowing an

228

employee or contracted worker to begin employment in the facility

229

working with patients as provided in subsection (1). All

230

information necessary for conducting level 1 background screening

231

using level 1 standards as specified in s. 435.03 shall be

232

submitted by the nursing facility to the agency. Results of the

233

background screening shall be provided by the agency to the

234

requesting nursing facility.

235

     (b) Employees and contracted workers qualified under the

236

provisions of paragraph (a) who have not maintained continuous

237

residency within the state for the 5 years immediately preceding

238

the date of request for background screening must complete level

239

2 screening, as provided in s. 435.04 chapter 435. Such Employees

240

may work in a conditional status for up to 180 days pending the

241

receipt of written findings evidencing the completion of level 2

242

screening. Contracted workers who are awaiting the completion of

243

level 2 screening may work only under the direct and visual

244

supervision of persons who have met the screening requirements of

245

this section. Level 2 screening is shall not be required for of

246

employees, or prospective employees, or contracted workers who

247

attest in writing under penalty of perjury that they meet the

248

residency requirement. To complete Completion of level 2

249

screening: shall require

250

     1. The employee or contracted worker shall prospective

251

employee to furnish to the nursing facility a full set of

252

fingerprints for conducting a federal criminal records check to

253

enable a criminal background investigation to be conducted.

254

     2. The nursing facility shall submit the completed

255

fingerprint card to the agency.

256

     3. The agency shall establish a record of the request in

257

the database provided for in paragraph (c) and forward the

258

request to the Department of Law Enforcement, which is authorized

259

to submit the fingerprints to the Federal Bureau of Investigation

260

for a national criminal history records check.

261

     4. The results of the national criminal history records

262

check shall be returned to the agency, which shall maintain the

263

results in the database provided for in paragraph (c).

264

     5. The agency shall notify the administrator of the

265

requesting nursing facility or the administrator of any other

266

requesting facility licensed under chapter 393, chapter 394,

267

chapter 395, chapter 397, chapter 429, or this chapter, as

268

requested by such facility, as to whether or not the employee has

269

qualified under level 1 or level 2 screening.

270

271

An employee or contracted worker prospective employee who has

272

qualified under level 2 screening and has maintained such

273

continuous residency within the state is shall not be required to

274

complete a subsequent level 2 screening as a condition of

275

employment at another facility.

276

     (c) The agency shall establish and maintain a database that

277

includes of background screening information which shall include

278

the results of all both level 1 and level 2 screening. The

279

Department of Law Enforcement shall timely provide to the agency,

280

electronically, the results of each statewide screening for

281

incorporation into the database. The agency shall, upon request

282

from any facility, agency, or program required by or authorized

283

by law to screen its employees or contracted workers applicants,

284

notify the administrator of the facility, agency, or program of

285

the qualifying or disqualifying status of the person employee or

286

applicant named in the request.

287

     (d) Applicants and Employees, prospective employees, and

288

contracted workers shall be excluded from employment pursuant to

289

s. 435.06, and may not be employed or resume employment until

290

exempted or all appeals have been resolved in favor of the person

291

screened. However, an employee of a nursing facility, employed

292

prior to October 1, 1998, who is determined to have a

293

disqualifying offense may continue employment pending the outcome

294

of an exemption request if that request is made by October 1,

295

2009.

296

     (4)(3) The person being screened applicant is responsible

297

for paying the fees associated with obtaining the required

298

screening. Payment for the screening shall be submitted to the

299

agency. The agency shall establish a schedule of fees to cover

300

the costs of level 1 and level 2 screening. Facilities may pay

301

reimburse employees for these costs. The Department of Law

302

Enforcement shall charge the agency for a level 1 or level 2

303

screening a rate sufficient to cover the costs of such screening

304

pursuant to s. 943.053(3). The agency shall, as allowable,

305

reimburse nursing facilities for the cost of conducting

306

background screening as required by this section. This

307

reimbursement is will not be subject to any rate ceilings or

308

payment targets in the Medicaid Reimbursement plan.

309

     (5)(4)(a) As provided in s. 435.07:,

310

     (a) The agency may grant an exemption from disqualification

311

to an employee, or prospective employee, or contracted worker who

312

is subject to this section and who has not received a

313

professional license or certification from the Department of

314

Health.

315

     (b) As provided in s. 435.07, The appropriate regulatory

316

board within the Department of Health, or that department itself

317

when there is no board, may grant an exemption from

318

disqualification to an employee, or prospective employee, or

319

contracted worker who is subject to this section and who has

320

received a professional license or certification from the

321

Department of Health or a regulatory board within that

322

department.

323

     (6)(5) Any provision of law to the contrary

324

notwithstanding, Persons who have been screened and qualified as

325

required by this section, and who have not been unemployed for

326

more than 180 days thereafter, and who, under penalty of perjury,

327

attest to not having been convicted of a disqualifying offense

328

since the completion of such screening are, shall not be required

329

to be rescreened. An employer may obtain, pursuant to s. 435.10,

330

written verification of qualifying screening results from the

331

previous employer, contractor, or other entity that which caused

332

the such screening to be performed.

333

     (7)(6) The agency and the Department of Health may shall

334

have authority to adopt rules to administer pursuant to the

335

Administrative Procedure Act to implement this section.

336

     (7) All employees shall comply with the requirements of

337

this section by October 1, 1998. No current employee of a nursing

338

facility as of the effective date of this act shall be required

339

to submit to rescreening if the nursing facility has in its

340

possession written evidence that the person has been screened and

341

qualified according to level 1 standards as specified in s.

342

435.03(1). Any current employee who meets the level 1 requirement

343

but does not meet the 5-year residency requirement as specified

344

in this section must provide to the employing nursing facility

345

written attestation under penalty of perjury that the employee

346

has not been convicted of a disqualifying offense in another

347

state or jurisdiction. All applicants hired on or after October

348

1, 1998, shall comply with the requirements of this section.

349

     (8)  There is no monetary or unemployment liability on the

350

part of, and a no cause of action for damages does not arise

351

arising against, an employer that, upon notice of a disqualifying

352

offense listed under chapter 435 or an act of domestic violence,

353

terminates the employee against whom the report was issued,

354

whether or not the employee has filed for an exemption with the

355

Department of Health or the agency for Health Care

356

Administration.

357

     Section 5.  Subsection (6) is added to section 408.809,

358

Florida Statutes, to read:

359

     408.809  Background screening; prohibited offenses.--

360

     (6) The agency shall establish a schedule of fees to cover

361

the costs of any level 1 or level 2 screening required pursuant

362

to this part or other authorizing statutes and may adopt rules to

363

carry out these screenings and for the schedule of fees.

364

     Section 6.  Subsection (5) of section 408.810, Florida

365

Statutes, is amended to read:

366

     408.810  Minimum licensure requirements.--In addition to the

367

licensure requirements specified in this part, authorizing

368

statutes, and applicable rules, each applicant and licensee must

369

comply with the requirements of this section in order to obtain

370

and maintain a license.

371

     (5) Each licensee must:

372

     (a)  On or before the first day services are provided to a

373

client, a licensee must inform the client and his or her

374

immediate family or representative, if appropriate, of the right

375

to report:

376

     1.  Complaints. The statewide toll-free telephone number for

377

reporting complaints to the agency must be provided to clients in

378

a manner that is clearly legible and must include the words: "To

379

report a complaint regarding the services you receive, please

380

call toll-free (phone number)."

381

     2.  Abusive, neglectful, or exploitative practices. The

382

statewide toll-free telephone number for the central abuse

383

hotline must be provided to clients in a manner that is clearly

384

legible and must include the words: "To report abuse, neglect, or

385

exploitation, please call toll-free (phone number)." The agency

386

shall publish a minimum of a 90-day advance notice of a change in

387

the toll-free telephone numbers.

388

     (b) Each licensee shall Establish appropriate policies and

389

procedures for providing such notice to clients.

390

     (c) Publicly display a poster approved by the agency

391

containing the names, addresses, and telephone numbers for the

392

state's central abuse hotline, the State Long-Term Care

393

Ombudsman, the agency's consumer hotline, the Advocacy Center for

394

Persons with Disabilities, the Florida Statewide Advocacy

395

Council, and the Medicaid Fraud Control Unit, along with a clear

396

description of the assistance to be expected from each. The

397

Statewide Public Guardianship Office and its website shall also

398

be listed. The agency may charge a fee for the cost of production

399

and distribution of the poster. However, providers may download

400

the poster, at no charge, from the agency's website.

401

     Section 7.  Section 408.811, Florida Statutes, is amended to

402

read:

403

     408.811  Right of inspection; copies; inspection reports.--

404

     (1)  An authorized officer or employee of the agency may

405

make or cause to be made any inspection or investigation deemed

406

necessary by the agency to determine the state of compliance with

407

this part, authorizing statutes, and applicable rules. The right

408

of inspection extends to any business that the agency has reason

409

to believe is being operated as a provider without a license, but

410

inspection of any business suspected of being operated without

411

the appropriate license may not be made without the permission of

412

the owner or person in charge unless a warrant is first obtained

413

from a circuit court. Any application for a license issued under

414

this part, authorizing statutes, or applicable rules constitutes

415

permission for an appropriate inspection to verify the

416

information submitted on or in connection with the application.

417

     (a)  All inspections shall be unannounced, except as

418

specified in s. 408.806. The giving or causing to be given of

419

advance notice of the unannounced inspection by an agency

420

employee to any unauthorized person shall, in accordance with

421

chapter 110, constitute cause for suspension of the employee for

422

at least 5 working days.

423

     (b)  Inspections for relicensure shall be conducted

424

biennially unless otherwise specified by authorizing statutes or

425

applicable rules.

426

     (c) Deficiencies found during an inspection or

427

investigation must be corrected within 30 days unless an

428

alternative timeframe is required or approved by the agency.

429

     (d) The agency may require an applicant or licensee to

430

submit a plan of correction for deficiencies. If required, the

431

plan of correction must be filed with the agency within 10 days

432

unless an alternative timeframe is required.

433

     (2)  Inspections conducted in conjunction with certification

434

may be accepted in lieu of a complete licensure inspection.

435

However, a licensure inspection may also be conducted to review

436

any licensure requirements that are not also requirements for

437

certification.

438

     (3)  The agency shall have access to and the licensee shall

439

provide copies of all provider records required during an

440

inspection at no cost to the agency.

441

     (4)(a)  Each licensee shall maintain as public information,

442

available upon request, records of all inspection reports

443

pertaining to that provider that have been filed by the agency

444

unless those reports are exempt from or contain information that

445

is exempt from s. 119.07(1) and s. 24(a), Art. I of the State

446

Constitution or is otherwise made confidential by law. Effective

447

October 1, 2006, copies of such reports shall be retained in the

448

records of the provider for at least 3 years following the date

449

the reports are filed and issued, regardless of a change of

450

ownership.

451

     (b)  A licensee shall, upon the request of any person who

452

has completed a written application with intent to be admitted by

453

such provider, any person who is a client of such provider, or

454

any relative, spouse, or guardian of any such person, furnish to

455

the requester a copy of the last inspection report pertaining to

456

the licensed provider that was issued by the agency or by an

457

accrediting organization if such report is used in lieu of a

458

licensure inspection.

459

     (c) As an alternative to sending reports required by this

460

part or authorizing statutes, the agency may provide electronic

461

access to information or documents.

462

     Section 8.  Subsection (2) of section 415.103, Florida

463

Statutes, is amended to read:

464

     415.103  Central abuse hotline.--

465

     (2)  Upon receiving an oral or written report of known or

466

suspected abuse, neglect, or exploitation of a vulnerable adult,

467

the central abuse hotline shall must determine if the report

468

requires an immediate onsite protective investigation.

469

     (a) For reports requiring an immediate onsite protective

470

investigation, the central abuse hotline must immediately notify

471

the department's designated protective investigative district

472

staff responsible for protective investigations to ensure prompt

473

initiation of an onsite investigation.

474

     (b) For reports not requiring an immediate onsite

475

protective investigation, the central abuse hotline must notify

476

the department's designated protective investigative district

477

staff responsible for protective investigations in sufficient

478

time to allow for an investigation to be commenced within 24

479

hours. At the time of notification of district staff with respect

480

to the report, the central abuse hotline must also provide any

481

known information on any previous reports report concerning the a

482

subject of the present report or any pertinent information

483

relative to the present report or any noted earlier reports.

484

     (c) If the report is of known or suspected abuse of a

485

vulnerable adult by someone other than a relative, caregiver, or

486

household member, the call shall be immediately transferred to

487

the appropriate county sheriff's office.

488

     Section 9.  Paragraph (e) of subsection (1) and paragraph

489

(g) of subsection (2) of section 415.1051, Florida Statutes, are

490

amended to read:

491

     415.1051  Protective services interventions when capacity to

492

consent is lacking; nonemergencies; emergencies; orders;

493

limitations.--

494

     (1)  NONEMERGENCY PROTECTIVE SERVICES INTERVENTIONS.--If the

495

department has reasonable cause to believe that a vulnerable

496

adult or a vulnerable adult in need of services is being abused,

497

neglected, or exploited and is in need of protective services but

498

lacks the capacity to consent to protective services, the

499

department shall petition the court for an order authorizing the

500

provision of protective services.

501

     (e)  Continued protective services.--

502

     1. Within No more than 60 days after the date of the order

503

authorizing the provision of protective services, the department

504

shall petition the court to determine whether:

505

     a. Protective services are to will be continued with the

506

consent of the vulnerable adult pursuant to this subsection;

507

     b. Protective services are to will be continued for the

508

vulnerable adult who lacks capacity;

509

     c. Protective services are to will be discontinued; or

510

     d. A petition for guardianship shall should be filed

511

pursuant to chapter 744.

512

     2.  If the court determines that a petition for guardianship

513

shall should be filed pursuant to chapter 744, the court, for

514

good cause shown, may order continued protective services until

515

it makes a determination regarding capacity.

516

     3. If the department has a good faith belief that the

517

vulnerable adult lacks capacity, the petition to determine

518

incapacity under s. 744.3201 may be filed by the department. Once

519

the petition is filed, the department may not be appointed

520

guardian and may not provide legal counsel for the guardian.

521

     (2)  EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If the

522

department has reasonable cause to believe that a vulnerable

523

adult is suffering from abuse or neglect that presents a risk of

524

death or serious physical injury to the vulnerable adult and that

525

the vulnerable adult lacks the capacity to consent to emergency

526

protective services, the department may take action under this

527

subsection. If the vulnerable adult has the capacity to consent

528

and refuses consent to emergency protective services, emergency

529

protective services may not be provided.

530

     (g)  Continued emergency protective services.--

531

     1. Within Not more than 60 days after the date of the order

532

authorizing the provision of emergency protective services, the

533

department shall petition the court to determine whether:

534

     a. Emergency protective services are to will be continued

535

with the consent of the vulnerable adult;

536

     b. Emergency protective services are to will be continued

537

for the vulnerable adult who lacks capacity;

538

     c. Emergency protective services are to will be

539

discontinued; or

540

     d. A petition shall should be filed under chapter 744.

541

     2.  If it is decided to file a petition under chapter 744,

542

for good cause shown, the court may order continued emergency

543

protective services until a determination is made by the court.

544

     3. If the department has a good faith belief that the

545

vulnerable adult lacks capacity, the petition to determine

546

incapacity under s. 744.3201 may be filed by the department. Once

547

the petition is filed, the department may not be appointed

548

guardian and may not provide legal counsel for the guardian.

549

     Section 10.  Section 415.112, Florida Statutes, is amended

550

to read:

551

     415.112 Rules for implementation of ss. 415.101-

552

415.113.--The department shall adopt promulgate rules to

553

administer this chapter including, but not limited to: for the

554

implementation of ss. 415.101-415.113.

555

     (1) Background screening of department employees and

556

employee applicants which includes a criminal records check and

557

drug testing of adult protective investigators and adult

558

protective investigator supervisors.

559

     (2) The reporting of adult abuse, neglect, exploitation, a

560

vulnerable adult in need of services, false reporting, and adult

561

protective investigations.

562

     (3) Confidentiality and retention of department records,

563

access to records, and record requests.

564

     (4) Injunctions and other protective orders.

565

     (5) The provision of emergency and nonemergency protective

566

services intervention.

567

     (6) Agreements with law enforcement and other state

568

agencies.

569

     (7) Legal and casework procedures, including, but not

570

limited to, diligent search, petitions, emergency removals,

571

capacity to consent, and adult protection teams.

572

     (8) The legal and casework management of cases involving

573

protective supervision, protective orders, judicial reviews,

574

administrative reviews, case plans, and documentation

575

requirements.

576

     (9) The coordination of casework with the following

577

agencies as appropriate to the individual situation: the Agency

578

for Health Care Administration, the Department of Elderly

579

Affairs, the Area Agency on Aging, the Nursing Home Diversion or

580

Medicaid Waiver Program provider, the Florida Senior Care

581

Provider, and other relevant agencies or organizations to develop

582

a plan that improves the prospects for safety of affected

583

residents and, if necessary, identifies alternative living

584

arrangements such as facilities licensed under part II of chapter

585

400 or chapter 429.

586

     Section 11.  Subsection (21) of section 429.02, Florida

587

Statutes, is amended to read:

588

     429.02  Definitions.--When used in this part, the term:

589

     (21)  "Service plan" means a written plan, developed and

590

agreed upon by the resident and, if applicable, the resident's

591

representative or designee or the resident's surrogate, guardian,

592

or attorney in fact, if any, and the administrator or designee

593

representing the facility, which addresses the unique physical

594

and psychosocial needs, abilities, and personal preferences of

595

each resident receiving extended congregate care services. The

596

plan must shall include a brief written description, in easily

597

understood language, of what services shall be provided, who

598

shall provide the services, when the services shall be rendered,

599

and the purposes and benefits of the services. The agency shall

600

develop a service plan form for use by providers. The agency may

601

accept the community supported-living plan instead of a service

602

plan for mental health residents.

603

     Section 12.  Paragraphs (b) and (c) of subsection (3) of

604

section 429.07, Florida Statutes, are amended to read:

605

     429.07  License required; fee.--

606

     (3)  In addition to the requirements of s. 408.806, each

607

license granted by the agency must state the type of care for

608

which the license is granted. Licenses shall be issued for one or

609

more of the following categories of care: standard, extended

610

congregate care, limited nursing services, or limited mental

611

health.

612

     (b)  An extended congregate care license shall be issued to

613

facilities providing, directly or through contract, services

614

beyond those authorized in paragraph (a), including services

615

performed by persons licensed under acts performed pursuant to

616

part I of chapter 464 by persons licensed thereunder, and

617

supportive services, as defined by rule, to persons who would

618

otherwise would be disqualified from continued residence in a

619

facility licensed under this part.

620

     1. To obtain an In order for extended congregate care

621

license services to be provided in a facility licensed under this

622

part, the agency must first determine that all requirements

623

established in law and rule are met and must specifically

624

designate, on the facility's license, that such services may be

625

provided and whether the designation applies to all or part of

626

the a facility. Such designation may be made at the time of

627

initial licensure or relicensure, or upon request in writing by a

628

licensee under this part and part II of chapter 408. Notification

629

of approval or denial of the such request shall be made in

630

accordance with part II of chapter 408. Existing

631

     2. Facilities applying for, and facilities currently

632

licensed qualifying to provide, extended congregate care services

633

must have maintained a standard license and may not have been

634

subject to administrative sanctions during the previous 2 years,

635

or since initial licensure if the facility has been licensed for

636

less than 2 years, for any of the following reasons:

637

     a.  A class I or class II violation;

638

     b.  Three or more repeat or recurring class III violations

639

of identical or similar resident care standards as specified in

640

rule from which a pattern of noncompliance is found by the

641

agency;

642

     c.  Three or more class III violations that were not

643

corrected in accordance with the corrective action plan approved

644

by the agency;

645

     d. Violation of resident care standards which result in

646

requiring the facility resulting in a requirement to employ the

647

services of a consultant pharmacist or consultant dietitian;

648

     e.  Denial, suspension, or revocation of a license for

649

another facility licensed under this part in which the applicant

650

for an extended congregate care license has at least 25 percent

651

ownership interest; or

652

     f.  Imposition of a moratorium pursuant to this part or part

653

II of chapter 408 or initiation of injunctive proceedings.

654

     3.2. A facility that is Facilities that are licensed to

655

provide extended congregate care services must shall maintain a

656

written progress report on each person who receives such

657

services, which report describes the type, amount, duration,

658

scope, and outcome of services that are rendered and the general

659

status of the resident's health. A registered nurse, or

660

appropriate designee, representing the agency shall visit the

661

facility such facilities at least quarterly to monitor residents

662

who are receiving extended congregate care services and to

663

determine if the facility is in compliance with this part, part

664

II of chapter 408, and rules that relate to extended congregate

665

care. One of these visits may be in conjunction with the regular

666

survey. The monitoring visits may be provided through contractual

667

arrangements with appropriate community agencies. A registered

668

nurse shall serve as part of the team that inspects the such

669

facility. The agency may waive one of the required yearly

670

monitoring visits for a facility that has been licensed for at

671

least 24 months to provide extended congregate care services, if,

672

during the inspection, the registered nurse determines that

673

extended congregate care services are being provided

674

appropriately, and if the facility has no class I or class II

675

violations and no uncorrected class III violations. Before such

676

decision is made, The agency must first shall consult with the

677

long-term care ombudsman council for the area in which the

678

facility is located to determine if any complaints have been made

679

and substantiated about the quality of services or care. The

680

agency may not waive one of the required yearly monitoring visits

681

if complaints have been made and substantiated.

682

     4.3. Facilities that are licensed to provide extended

683

congregate care services must shall:

684

     a.  Demonstrate the capability to meet unanticipated

685

resident service needs.

686

     b.  Offer a physical environment that promotes a homelike

687

setting, provides for resident privacy, promotes resident

688

independence, and allows sufficient congregate space as defined

689

by rule.

690

     c.  Have sufficient staff available, taking into account the

691

physical plant and firesafety features of the building, to assist

692

with the evacuation of residents in an emergency, as necessary.

693

     d.  Adopt and follow policies and procedures that maximize

694

resident independence, dignity, choice, and decisionmaking to

695

permit residents to age in place to the extent possible, so that

696

moves due to changes in functional status are minimized or

697

avoided.

698

     e.  Allow residents or, if applicable, a resident's

699

representative, designee, surrogate, guardian, or attorney in

700

fact to make a variety of personal choices, participate in

701

developing service plans, and share responsibility in

702

decisionmaking.

703

     f.  Implement the concept of managed risk.

704

     g. Provide, either directly or through contract, the

705

services of a person licensed pursuant to part I of chapter 464.

706

     h.  In addition to the training mandated in s. 429.52,

707

provide specialized training as defined by rule for facility

708

staff.

709

     5.4. Facilities licensed to provide extended congregate

710

care services are exempt from the criteria for continued

711

residency as set forth in rules adopted under s. 429.41.

712

Facilities so licensed must shall adopt their own requirements

713

within guidelines for continued residency set forth by rule.

714

However, such facilities may not serve residents who require 24-

715

hour nursing supervision. Facilities licensed to provide extended

716

congregate care services must shall provide each resident with a

717

written copy of facility policies governing admission and

718

retention.

719

     6.5. The primary purpose of extended congregate care

720

services is to allow residents, as they become more impaired, the

721

option of remaining in a familiar setting from which they would

722

otherwise be disqualified for continued residency. A facility

723

licensed to provide extended congregate care services may also

724

admit an individual who exceeds the admission criteria for a

725

facility with a standard license, if the individual is determined

726

appropriate for admission to the extended congregate care

727

facility.

728

     7.6. Before admission of an individual to a facility

729

licensed to provide extended congregate care services, the

730

individual must undergo a medical examination as provided in s.

731

429.26(4) and the facility must develop a preliminary service

732

plan for the individual as provided in s. 429.26.

733

     8.7. When a facility can no longer provide or arrange for

734

services in accordance with the resident's service plan and needs

735

and the facility's policy, the facility shall make arrangements

736

for relocating the person in accordance with s. 429.28(1)(k).

737

     9.8. Failure to provide extended congregate care services

738

may result in denial of extended congregate care license renewal.

739

     9. No later than January 1 of each year, the department, in

740

consultation with the agency, shall prepare and submit to the

741

Governor, the President of the Senate, the Speaker of the House

742

of Representatives, and the chairs of appropriate legislative

743

committees, a report on the status of, and recommendations

744

related to, extended congregate care services. The status report

745

must include, but need not be limited to, the following

746

information:

747

     a. A description of the facilities licensed to provide such

748

services, including total number of beds licensed under this

749

part.

750

     b. The number and characteristics of residents receiving

751

such services.

752

     c. The types of services rendered that could not be

753

provided through a standard license.

754

     d. An analysis of deficiencies cited during licensure

755

inspections.

756

     e. The number of residents who required extended congregate

757

care services at admission and the source of admission.

758

     f. Recommendations for statutory or regulatory changes.

759

     g. The availability of extended congregate care to state

760

clients residing in facilities licensed under this part and in

761

need of additional services, and recommendations for

762

appropriations to subsidize extended congregate care services for

763

such persons.

764

     h. Such other information as the department considers

765

appropriate.

766

     (c)  A limited nursing services license shall be issued to a

767

facility that provides services beyond those authorized in

768

paragraph (a) and as specified in this paragraph.

769

     1. To obtain a In order for limited nursing services

770

license to be provided in a facility licensed under this part,

771

the agency must first determine that all requirements established

772

in law and rule are met and must specifically designate, on the

773

facility's license, that such services may be provided. Such

774

designation may be made at the time of initial licensure or

775

relicensure, or upon request in writing by a licensee under this

776

part and part II of chapter 408. Notification of approval or

777

denial of such request shall be made in accordance with part II

778

of chapter 408. Existing

779

     2. Facilities applying for, and facilities currently

780

licensed qualifying to provide, limited nursing services must

781

shall have maintained a standard license and may not have been

782

subject to administrative sanctions that affect the health,

783

safety, and welfare of residents for the previous 2 years or

784

since initial licensure if the facility has been licensed for

785

less than 2 years.

786

     3.2. Facilities that are licensed to provide limited

787

nursing services shall maintain a written progress report on each

788

person who receives such nursing services, which report describes

789

the type, amount, duration, scope, and outcome of services that

790

are rendered and the general status of the resident's health. A

791

registered nurse representing the agency shall visit such

792

facilities at least twice a year to monitor residents who are

793

receiving limited nursing services and to determine if the

794

facility is in compliance with applicable provisions of this

795

part, part II of chapter 408, and related rules. The monitoring

796

visits may be provided through contractual arrangements with

797

appropriate community agencies. A registered nurse shall also

798

serve as part of the team that inspects the such facility.

799

     4.3. A person who receives limited nursing services under

800

this part must meet the admission criteria established by the

801

agency for assisted living facilities. If When a resident no

802

longer meets the admission criteria for a facility licensed under

803

this part, arrangements for relocating the person shall be made

804

in accordance with s. 429.28(1)(k), unless the facility is also

805

licensed to provide extended congregate care services.

806

     Section 13.  Section 429.174, Florida Statutes, is amended

807

to read:

808

     429.174  Background screening; exemptions.--

809

     (1) The owner or administrator of an assisted living

810

facility must conduct level 1 background screening, as set forth

811

in chapter 435, on all employees hired on or after October 1,

812

1998, who perform personal services or who have access to

813

resident living areas as defined in s. 429.02(16). The agency may

814

exempt an individual from employment disqualification as set

815

forth in s. 435.07 chapter 435. However, such person may not be

816

employed or resume employment pending the granting of an

817

exemption or until all appeals have been resolved in favor of the

818

person screened. A person employed before October 1, 1998, who is

819

determined to have a disqualifying offense may continue

820

employment pending the outcome of an exemption request if that

821

request is made by October 1, 2009. Employees Such persons shall

822

be considered as having met the screening requirements this

823

requirement if:

824

     (a)(1) Proof of compliance with level 1 screening

825

requirements obtained to meet any professional license

826

requirements in this state is provided and accompanied, under

827

penalty of perjury, by a copy of the person's current

828

professional license and an affidavit of current compliance with

829

the background screening requirements.

830

     (b)(2) The person required to be screened has been

831

continuously employed in the same type of occupation for which

832

the person is seeking employment without a breach in service

833

which exceeds 180 days, and proof of compliance with the level 1

834

screening requirement which is no more than 2 years old is

835

provided. Proof of compliance shall be provided directly from one

836

employer or contractor to another, and not from the person

837

screened. Upon request, a copy of screening results shall be

838

provided by the employer retaining documentation of the screening

839

to the person screened.

840

     (c)(3) The person required to be screened is employed by a

841

corporation or business entity or related corporation or business

842

entity that owns, operates, or manages more than one facility or

843

agency licensed under this chapter, and for whom a level 1

844

screening was conducted by the corporation or business entity as

845

a condition of initial or continued employment.

846

     (2) Level 1 screening as provided in chapter 435 is

847

required for all contracted workers who are expected to, or whose

848

responsibilities may require them to, provide personal services

849

to residents. The facility shall maintain verification that such

850

contracted workers have been screened pursuant to this section.

851

The facility may either obtain a copy of the qualifying screening

852

results from the entity or receive an affidavit from the entity

853

which specifies that a background screen has been performed on

854

all contracted workers sent to the facility. A contracted worker

855

who does not provide personal services to residents is not

856

required to be screened pursuant to this section but must sign in

857

at the reception desk upon entering the facility, wear an

858

identification badge while on the premises, and sign out before

859

leaving the facility. The facility shall maintain a log

860

containing the information collected.

861

     (3) The person being screened is responsible for paying the

862

fees associated with obtaining the required screening. Payment

863

for the screening shall be submitted to the agency. The agency

864

shall establish a schedule of fees to cover the costs of level 1

865

and level 2 screening. Facilities may reimburse employees or

866

contracted workers for these costs. The Department of Law

867

Enforcement shall charge the agency for a level 1 or level 2

868

screening a rate sufficient to cover the costs of screening

869

pursuant to s. 943.053(3).

870

     Section 14.  Subsection (1) of section 429.255, Florida

871

Statutes, is amended to read:

872

     429.255  Use of personnel; emergency care.--

873

     (1)(a) Facility staff, including persons under contract to

874

the facility, facility employees staff, or volunteers, who are

875

licensed according to part I of chapter 464, or those persons

876

exempt under s. 464.022(1), and others as defined by rule, may

877

administer medications to residents, take residents' vital signs,

878

manage individual weekly pill organizers for residents who self-

879

administer medication, give prepackaged enemas ordered by a

880

physician, observe residents, document observations on the

881

appropriate resident's record, report observations to the

882

resident's physician, and contract or allow residents or a

883

resident's representative, designee, surrogate, guardian, or

884

attorney in fact to contract with a third party, provided

885

residents meet the criteria for appropriate placement as defined

886

in s. 429.26. Nursing assistants certified pursuant to part II of

887

chapter 464 may take residents' vital signs as directed by a

888

licensed nurse or physician.

889

     (b) Facility All staff, including persons under contract to

890

the facility and facility employees in facilities licensed under

891

this part shall exercise their professional responsibility to

892

observe residents, to document observations on the appropriate

893

resident's record, and to report the observations to the

894

resident's physician, and to provide needed services competently.

895

Licensed volunteers have the same obligations, but shall report

896

to a facility employee who shall make the appropriate notation in

897

the resident's records. However, the owner or administrator of

898

the facility is shall be responsible for determining that the

899

resident receiving services is appropriate for residence in the

900

facility and for the provision of and quality of care and

901

services provided to the resident.

902

     (c)  In an emergency situation, licensed personnel may carry

903

out their professional duties pursuant to part I of chapter 464

904

until emergency medical personnel assume responsibility for care.

905

     Section 15.  Present subsections (8) through (12) of section

906

429.26, Florida Statutes, are renumbered as sections (6) through

907

(10), respectively, and present subsections (1) through (7) of

908

that section, are amended to read:

909

     429.26  Appropriateness of placements; examinations of

910

residents.--

911

     (1)  The owner or administrator of a facility is responsible

912

for determining the appropriateness of admission of an individual

913

to the facility and for determining the continued appropriateness

914

of residence of an individual in the facility. A determination

915

shall be based upon an assessment of the strengths, needs, and

916

preferences of the resident, the care and services offered or

917

arranged for by the facility in accordance with facility policy,

918

and any limitations in law or rule related to admission criteria

919

or continued residency for the type of license held by the

920

facility under this part. Except as provided in s. 429.28(1)(k),

921

a resident may not be moved from one facility to another without

922

consultation with and agreement from the resident or, if

923

applicable, the resident's representative or designee or the

924

resident's family, guardian, surrogate, or attorney in fact. If

925

In the case of a resident who has been placed by the department

926

or the Department of Children and Family Services, the

927

administrator must notify the appropriate contact person in the

928

applicable department.

929

     (2) A physician, physician assistant, or nurse practitioner

930

who is employed by an assisted living facility to provide an

931

initial examination for admission purposes may not have financial

932

interest in the facility.

933

     (3) Persons licensed under part I of chapter 464 who are

934

employed by or under contract with a facility shall, on a routine

935

basis or at least monthly, perform a nursing assessment of the

936

residents for whom they are providing nursing services ordered by

937

a physician, except administration of medication, and shall

938

document such assessment, including any substantial changes in a

939

resident's status which may necessitate relocation to a nursing

940

home, hospital, or specialized health care facility. Such records

941

shall be maintained in the facility for inspection by the agency

942

and shall be forwarded to the resident's case manager, if

943

applicable.

944

     (2)(4) If possible, each resident shall have been examined

945

by a licensed physician, a licensed physician assistant, or a

946

licensed nurse practitioner within 60 days before admission to

947

the facility. The person conducting an examination under this

948

subsection may not have financial interest in the facility. The

949

signed and completed medical examination report shall be

950

submitted to the owner or administrator of the facility who shall

951

use the information contained in the report therein to assist in

952

determining the determination of the appropriateness of the

953

resident's admission and continued stay in the facility and to

954

develop a service plan for the resident. The medical examination

955

report and service plan shall become a permanent part of the

956

record of the resident at the facility and shall be made

957

available to the agency during inspection or upon request. An

958

assessment that has been completed through the Comprehensive

959

Assessment and Review for Long-Term Care Services (CARES) Program

960

fulfills the requirements for a medical examination under this

961

subsection and s. 429.07(3)(b)6.

962

     (a)(5) Except as provided in s. 429.07, if a medical

963

examination has not been completed within 60 days before the

964

admission of the resident to the facility, medical personnel a

965

licensed physician, licensed physician assistant, or licensed

966

nurse practitioner shall examine the resident and complete a

967

medical examination form provided by the agency within 30 days

968

following the admission to the facility to enable the facility

969

owner or administrator to determine the appropriateness of the

970

admission. The medical examination form shall become a permanent

971

part of the record of the resident at the facility and shall be

972

made available to the agency during inspection by the agency or

973

upon request.

974

     (b)(6) Any resident accepted in a facility and placed by

975

the department or the Department of Children and Family Services

976

must be shall have been examined by medical personnel within 30

977

days before placement in the facility and recorded on a medical

978

examination form provided by the agency. The examination shall

979

include an assessment of the appropriateness of placement in a

980

facility. The findings of this examination shall be recorded on

981

the examination form provided by the agency. The completed form

982

shall accompany the resident and shall be submitted to the

983

facility owner or administrator. For Additionally, in the case of

984

a mental health resident, the Department of Children and Family

985

Services must provide documentation that the individual has been

986

assessed by a psychiatrist, clinical psychologist, clinical

987

social worker, or psychiatric nurse, or an individual who is

988

supervised by one of these professionals, and determined to be

989

appropriate to reside in an assisted living facility. The

990

documentation must be in the facility within 30 days after the

991

mental health resident has been admitted to the facility. An

992

evaluation completed upon discharge from a state mental hospital

993

meets the requirements of this subsection related to

994

appropriateness for placement as a mental health resident

995

providing it was completed within 90 days prior to admission to

996

the facility. The applicable department shall provide to the

997

facility administrator any information about the resident that

998

would help the administrator meet his or her responsibilities

999

under this section subsection (1). Further, department personnel

1000

shall explain to the facility operator any special needs of the

1001

resident and advise the operator whom to call should problems

1002

arise. The applicable department shall advise and assist the

1003

facility administrator where the special needs of residents who

1004

are recipients of optional state supplementation require such

1005

assistance.

1006

     (3) A search of the Department of Law Enforcement's sexual

1007

offender database for each prospective resident must be conducted

1008

by the facility before admission or immediately after admission.

1009

The facility must maintain verification that all residents have

1010

been screened. The information obtained may be used by the

1011

facility to assess the needs of the resident and the care and

1012

services offered or arranged by the facility in accordance with

1013

this section. The information obtained may be disclosed to other

1014

residents. The facility does not have to rescreen a resident who

1015

is away from a facility for not more than 45 days.

1016

     (4) Persons licensed under part I of chapter 464 who are

1017

employed by or under contract with a facility shall, at least

1018

monthly, perform a nursing assessment of residents for whom they

1019

are providing nursing services ordered by a physician, except

1020

administration of medication, and shall document such assessment,

1021

including any substantial change in a resident's status which may

1022

necessitate relocation to a nursing home, hospital, or

1023

specialized health care facility. The records must be maintained

1024

in the facility for inspection by the agency and shall be

1025

forwarded to the resident's case manager, if applicable.

1026

     (5)(7) Residents shall be periodically assessed to

1027

determine if the resident is competent to handle his or her

1028

personal and financial affairs and, if not, whether a responsible

1029

person such as a resident representative or designee, guardian,

1030

surrogate, or attorney in fact is available to make decisions on

1031

behalf of the resident. If a resident is having difficulty

1032

handling his or her personal or financial affairs because of a

1033

decline in health or cognitive abilities, the owner or

1034

administrator shall contact the resident's representative or

1035

designee, guardian, surrogate, or attorney in fact. If a resident

1036

does not have family or a legal representative to make decisions

1037

on his or her behalf, the owner or administrator must contact the

1038

Florida Abuse Hotline. The facility must notify a licensed

1039

physician when a resident exhibits signs of dementia or cognitive

1040

impairment or has a change of condition in order to rule out the

1041

presence of an underlying physiological condition that may be

1042

contributing to such dementia or impairment. The notification

1043

must occur within 30 days after the acknowledgment of such signs

1044

by facility staff. If an underlying condition is determined to

1045

exist, the facility shall arrange, with the appropriate health

1046

care provider, the necessary care and services to treat the

1047

condition.

1048

     Section 16.  Subsections (3) through (8) of section 429.27,

1049

Florida Statutes, are renumbered as subsections (6) through (11),

1050

respectively, and subsections (1) and (2) of that section, are

1051

amended to read:

1052

     429.27  Property and personal affairs of residents.--

1053

     (1)(a) A resident shall be given the option of using his or

1054

her own belongings, as space permits; choosing his or her

1055

roommate; and, whenever possible, unless the resident is

1056

adjudicated incompetent or incapacitated under state law,

1057

managing his or her own affairs.

1058

     (2)(b) The admission of a resident to a facility does and

1059

his or her presence therein shall not confer on the facility or

1060

its owner, administrator, staff employees, or representatives any

1061

authority to manage, use, or dispose of any property of the

1062

resident or to make financial or health care decisions on behalf

1063

of the resident; nor shall such admission or presence confer on

1064

any of such persons any authority or responsibility for the

1065

personal affairs of the resident, except if that which may be

1066

necessary for the safe management of the facility or for the

1067

safety of the resident.

1068

     (3)(2) A facility, or an owner, administrator, staff

1069

employee, or representative thereof, may not act as the

1070

resident's representative or designee, guardian, health care

1071

surrogate, trustee, or conservator for a any resident of the

1072

assisted living facility or any of the such resident's property

1073

unless the person is a relative of the resident.

1074

     (4) A facility An owner, administrator, or staff member, or

1075

representative thereof, may not act as a competent resident's

1076

payee for social security, veteran's, or railroad benefits

1077

without the consent of the resident. Any facility whose owner,

1078

administrator, or staff, or representative thereof who, serves as

1079

representative payee for a any resident must of the facility

1080

shall file a surety bond with the agency in an amount equal to

1081

twice the average monthly aggregate income or personal funds due

1082

to residents, or expendable for his or her their account, which

1083

are received by a facility.

1084

     (5) Any facility whose owner, administrator, or staff, or a

1085

representative thereof who, is granted power of attorney for a

1086

any resident must of the facility shall file a surety bond with

1087

the agency for each resident for whom such power of attorney is

1088

granted. The surety bond must shall be in an amount equal to

1089

twice the average monthly income of the resident, plus the value

1090

of any resident's property under the control of the attorney in

1091

fact. The bond must shall be executed by the facility as

1092

principal and a licensed surety company. The bond shall be

1093

conditioned upon the faithful compliance of the facility with

1094

this section and shall run to the agency for the benefit of any

1095

resident who suffers a financial loss as a result of the misuse

1096

or misappropriation by a facility of funds held pursuant to this

1097

subsection. Any surety company that cancels or does not renew the

1098

bond of any licensee shall notify the agency in writing not less

1099

than 30 days in advance of such action, giving the reason for the

1100

cancellation or nonrenewal. Any facility owner, administrator, or

1101

staff, or representative thereof, who is granted power of

1102

attorney for a any resident of the facility shall, on a monthly

1103

basis, be required to provide the resident with a written

1104

statement of any transaction made on behalf of the resident

1105

pursuant to this subsection, and a copy of such statement given

1106

to the resident shall be retained in each resident's file and

1107

available for agency inspection.

1108

     Section 17.  Paragraphs (k) and (l) of subsection (1) and

1109

subsection (3) of section 429.28, Florida Statutes, are amended

1110

to read:

1111

     429.28  Resident bill of rights.--

1112

     (1)  No resident of a facility shall be deprived of any

1113

civil or legal rights, benefits, or privileges guaranteed by law,

1114

the Constitution of the State of Florida, or the Constitution of

1115

the United States as a resident of a facility. Every resident of

1116

a facility shall have the right to:

1117

     (k) At least 45 days' written notice of relocation or

1118

termination of residency from the facility unless, for medical

1119

reasons, the resident is certified by a physician to require an

1120

emergency relocation to a facility providing a more skilled level

1121

of care or the resident engages in a pattern of conduct that is

1122

harmful or offensive to other residents. The notice must specify

1123

the reasons for the relocation or termination and a copy of the

1124

notice must be sent by registered mail to the resident's

1125

representative or designee, guardian, surrogate, and attorney in

1126

fact at the same time the notice is mailed to the resident.

1127

Notice must also be sent by regular mail, facsimile, or e-mail to

1128

the State Long-Term Care Ombudsman Program within 5 business days

1129

after being mailed to the resident. The ombudsman program shall

1130

incorporate the information received in their annual report,

1131

including the number and reasons for relocation or termination of

1132

facility residents, type and size of facilities, and other

1133

relevant information, which shall be submitted to the Governor,

1134

the President of the Senate, and the Speaker of the House of

1135

Representatives. In the case of a resident who has been

1136

adjudicated mentally incapacitated, the guardian shall be given

1137

at least 45 days' notice of a nonemergency relocation or

1138

residency termination. Reasons for relocation shall be set forth

1139

in writing. In order for a facility to terminate the residency of

1140

an individual without notice as provided in this paragraph

1141

herein, the facility must shall show good cause in a court of

1142

competent jurisdiction.

1143

     (l)  Present grievances and recommend changes in policies,

1144

procedures, and services to the staff of the facility, governing

1145

officials, or any other person without restraint, interference,

1146

coercion, discrimination, or reprisal. Each facility shall

1147

establish a written grievance procedure to facilitate the

1148

residents' exercise of this right which must include, at a

1149

minimum, maintaining a written record of each grievance, the

1150

stated reason for the grievance, actions taken by the facility,

1151

and reporting of grievances. Each facility shall transmit a copy

1152

of the written record on a weekly basis to the local ombudsman

1153

council by regular mail, facsimile, or e-mail. Each facility must

1154

accept grievances orally and may accept grievances in writing.

1155

The local ombudsman council shall maintain a record of all

1156

grievances received from each facility in the local area which

1157

shall be submitted by the local council to the Office of State

1158

Long-Term Care Ombudsman pursuant to s. 400.0089. This right also

1159

includes access to ombudsman volunteers and advocates and the

1160

right to be a member of, to be active in, and to associate with

1161

advocacy or special interest groups.

1162

     (3)(a) The agency shall conduct a survey to determine

1163

general compliance with facility standards and compliance with

1164

residents' rights as a prerequisite to initial licensure or

1165

licensure renewal.

1166

     (b) In order to determine whether the facility is

1167

adequately protecting residents' rights, the agency's biennial

1168

survey shall include private informal conversations with a sample

1169

of residents and consultation with the ombudsman council in the

1170

planning and service area in which the facility is located to

1171

discuss residents' experiences within the facility.

1172

     (c) During any calendar year in which no survey is

1173

conducted, the agency shall conduct at least one monitoring visit

1174

of each facility cited in the previous year for a class I or

1175

class II violation, or more than three uncorrected class III

1176

violations.

1177

     (d) The agency may conduct periodic followup inspections as

1178

necessary to monitor the compliance of facilities with a history

1179

of any class I, class II, or class III violations that threaten

1180

the health, safety, or security of residents.

1181

     (e) The agency may conduct complaint investigations as

1182

warranted to investigate any allegations of noncompliance with

1183

requirements required under this part or rules adopted under this

1184

part.

1185

     Section 18.  Subsection (1) of section 429.294, Florida

1186

Statutes, is amended to read:

1187

     429.294  Availability of facility records for investigation

1188

of resident's rights violations and defenses; penalty.--

1189

     (1)  Failure to provide complete copies of a resident's

1190

records, including, but not limited to, all medical records and

1191

the resident's chart, within the control or possession of the

1192

facility within 10 days, in accordance with the provisions of s.

1193

400.145, shall constitute evidence of failure of that party to

1194

comply with good faith discovery requirements and shall waive the

1195

good faith certificate and presuit notice requirements under this

1196

part by the requesting party.

1197

     Section 19.  Section 429.34, Florida Statutes, is amended to

1198

read:

1199

     429.34  Right of entry and inspection.--In addition to the

1200

requirements of s. 408.811:,

1201

     (1) Any duly designated officer or employee of the

1202

department, the Department of Children and Family Services, the

1203

Medicaid Fraud Control Unit of the Office of the Attorney

1204

General, the state or local fire marshal, or a member of the

1205

state or local long-term care ombudsman council shall have the

1206

right to enter unannounced upon and into the premises of any

1207

facility licensed pursuant to this part in order to determine the

1208

state of compliance with the provisions of this part, part II of

1209

chapter 408, and applicable rules. Data collected by the state or

1210

local long-term care ombudsman councils or the state or local

1211

advocacy councils may be used by the agency in investigations

1212

involving violations of regulatory standards.

1213

     (2) Every 24 months the agency shall conduct at least one

1214

unannounced inspection to determine compliance with this chapter

1215

and related rules, including minimum standards of quality and

1216

adequacy of care and the rights of residents. Two additional

1217

surveys shall be conducted every 6 months for the next year if

1218

the facility has been cited for a class I deficiency or two or

1219

more class II deficiencies arising from separate surveys or

1220

investigations within a 60-day period. In addition to any fines

1221

imposed on a facility under s. 429.19, the agency shall assess a

1222

fine of $69 per bed for each of the additional two surveys, not

1223

to exceed $12,000 each. The agency shall adjust this fine by the

1224

change in the Consumer Price Index, based on the 12 months

1225

immediately preceding the change, to cover the cost of the

1226

additional two surveys. The agency shall verify through

1227

subsequent inspections that any deficiency identified during an

1228

inspection is corrected. However, the agency may verify the

1229

correction of a class III or class IV deficiency unrelated to

1230

resident rights or resident care without reinspecting the

1231

facility if adequate written documentation has been received from

1232

the facility which provides assurance that the deficiency has

1233

been corrected.

1234

     Section 20.  Present paragraphs (k) and (l) of subsection

1235

(1) of section 429.41, Florida Statutes, are redesignated as

1236

paragraphs (l) and (m), respectively, and a new paragraph (k) is

1237

added to that subsection, to read:

1238

     429.41  Rules establishing standards.--

1239

     (1)  It is the intent of the Legislature that rules

1240

published and enforced pursuant to this section shall include

1241

criteria by which a reasonable and consistent quality of resident

1242

care and quality of life may be ensured and the results of such

1243

resident care may be demonstrated. Such rules shall also ensure a

1244

safe and sanitary environment that is residential and

1245

noninstitutional in design or nature. It is further intended that

1246

reasonable efforts be made to accommodate the needs and

1247

preferences of residents to enhance the quality of life in a

1248

facility. The agency, in consultation with the department, may

1249

adopt rules to administer the requirements of part II of chapter

1250

408. In order to provide safe and sanitary facilities and the

1251

highest quality of resident care accommodating the needs and

1252

preferences of residents, the department, in consultation with

1253

the agency, the Department of Children and Family Services, and

1254

the Department of Health, shall adopt rules, policies, and

1255

procedures to administer this part, which must include reasonable

1256

and fair minimum standards in relation to:

1257

     (k) The requirement that all residents have service plans.

1258

The service plan must be reviewed and updated annually; however,

1259

for a resident receiving nursing services ordered by a physician,

1260

except administration of medication, the plan must be reviewed

1261

and updated quarterly and whenever a resident experiences a

1262

significant change in condition.

1263

     Section 21.  Present subsection (14) of section 429.65,

1264

Florida Statutes, is renumbered as subsection (15), and a new

1265

subsection (14) is added to that section, to read:

1266

     429.65  Definitions.--As used in this part, the term:

1267

     (14) "Reside" means the licensee or applicant lives in the

1268

adult family care home as a primary residence. For purposes of

1269

this part, any two of the following documents that include the

1270

adult family care home address and the name of the licensee or

1271

applicant may be accepted by the agency as proof that the

1272

licensee or applicant resides in the adult family care home:

1273

     (a) Homestead exemption documentation;

1274

     (b) Lease or rental agreement accompanied by a

1275

corresponding utility bill; or

1276

     (c) Personal identification issued by a state or federal

1277

agency.

1278

     Section 22.  Subsection (4) of section 429.67, Florida

1279

Statutes, is amended to read:

1280

     429.67  Licensure.--

1281

     (4)  Upon receipt of a completed license application or

1282

license renewal, and the fee, the agency shall initiate a level 1

1283

background screening as provided under chapter 435 on the adult

1284

family-care home provider, the designated relief person, all

1285

adult household members, and all staff members, and any other

1286

person who provides personal services to residents or who have

1287

routine access to the adult family-care home.

1288

     (a)  Proof of compliance with level 1 screening standards

1289

which has been submitted within the previous 5 years to meet any

1290

facility or professional licensure requirements of the agency or

1291

the Department of Health satisfies the requirements of this

1292

subsection. Such proof must be accompanied, under penalty of

1293

perjury, by a copy of the person's current professional license

1294

and an affidavit of current compliance with the background

1295

screening requirements.

1296

     (b)  The person required to be screened must have been

1297

continuously employed in the same type of occupation for which

1298

the person is seeking employment without a breach in service that

1299

exceeds 180 days, and proof of compliance with the level 1

1300

screening requirement which is no more than 2 years old must be

1301

provided. Proof of compliance shall be provided directly from one

1302

employer or contractor to another, and not from the person

1303

screened. Upon request, a copy of screening results shall be

1304

provided to the person screened by the employer retaining

1305

documentation of the screening.

1306

     Section 23.  Subsection (3) is added to section 429.69,

1307

Florida Statutes, to read:

1308

     429.69  Denial, revocation, and suspension of a license.--In

1309

addition to the requirements of part II of chapter 408, the

1310

agency may deny, suspend, and revoke a license for any of the

1311

following reasons:

1312

     (3) Failure of the adult family-care home provider who owns

1313

or rents the home to live in the home.

1314

     Section 24.  Paragraph (b) of subsection (1) of section

1315

429.73, Florida Statutes, is amended to read:

1316

     429.73  Rules and standards relating to adult family-care

1317

homes.--

1318

     (1)  The agency, in consultation with the department, may

1319

adopt rules to administer the requirements of part II of chapter

1320

408. The department, in consultation with the Department of

1321

Health, the Department of Children and Family Services, and the

1322

agency shall, by rule, establish minimum standards to ensure the

1323

health, safety, and well-being of each resident in the adult

1324

family-care home pursuant to this part. The rules must address:

1325

     (b)  Services that must be provided to all residents of an

1326

adult family-care home and standards for such services, which

1327

must include, but need not be limited to:

1328

     1.  Room and board.

1329

     2.  Assistance necessary to perform the activities of daily

1330

living.

1331

     3.  Assistance necessary to administer medication.

1332

     4.  Supervision of residents.

1333

     5. Health monitoring, including periodic assessments to

1334

determine if the resident is competent to handle his or her

1335

personal and financial affairs and, if not, whether a responsible

1336

person such as a guardian, surrogate, or attorney in fact is

1337

available to make decisions on behalf of the resident.

1338

     6.  Social and leisure activities.

1339

     Section 25.  Subsections (2) and (3) of section 435.03,

1340

Florida Statutes, are amended to read:

1341

     435.03  Level 1 screening standards.--

1342

     (2)  Any person for whom employment screening is required by

1343

statute must not have been convicted of found guilty of,

1344

regardless of adjudication, or entered a plea of guilty or nolo

1345

contendere or guilty to, regardless of adjudication, to any

1346

offense prohibited under any of the following provisions of the

1347

Florida statutes or under any similar statute of another

1348

jurisdiction:

1349

     (a)  Section 393.135, relating to sexual misconduct with

1350

certain developmentally disabled clients and reporting of such

1351

sexual misconduct.

1352

     (b)  Section 394.4593, relating to sexual misconduct with

1353

certain mental health patients and reporting of such sexual

1354

misconduct.

1355

     (c)  Section 415.111, relating to abuse, neglect, or

1356

exploitation of a vulnerable adult.

1357

     (d)  Section 782.04, relating to murder.

1358

     (e)  Section 782.07, relating to manslaughter, aggravated

1359

manslaughter of an elderly person or disabled adult, or

1360

aggravated manslaughter of a child.

1361

     (f)  Section 782.071, relating to vehicular homicide.

1362

     (g)  Section 782.09, relating to killing of an unborn quick

1363

child by injury to the mother.

1364

     (h)  Section 784.011, relating to assault, if the victim of

1365

the offense was a minor.

1366

     (i)  Section 784.021, relating to aggravated assault.

1367

     (j)  Section 784.03, relating to battery, if the victim of

1368

the offense was a minor.

1369

     (k)  Section 784.045, relating to aggravated battery.

1370

     (l)  Section 787.01, relating to kidnapping.

1371

     (m)  Section 787.02, relating to false imprisonment.

1372

     (n)  Section 794.011, relating to sexual battery.

1373

     (o)  Former s. 794.041, relating to prohibited acts of

1374

persons in familial or custodial authority.

1375

     (p)  Chapter 796, relating to prostitution.

1376

     (q)  Section 798.02, relating to lewd and lascivious

1377

behavior.

1378

     (r)  Chapter 800, relating to lewdness and indecent

1379

exposure.

1380

     (s)  Section 806.01, relating to arson.

1381

     (t)  Chapter 812, relating to theft, robbery, and related

1382

crimes, if the offense was a felony.

1383

     (u)  Section 817.563, relating to fraudulent sale of

1384

controlled substances, only if the offense was a felony.

1385

     (v)  Section 825.102, relating to abuse, aggravated abuse,

1386

or neglect of an elderly person or disabled adult.

1387

     (w)  Section 825.1025, relating to lewd or lascivious

1388

offenses committed upon or in the presence of an elderly person

1389

or disabled adult.

1390

     (x)  Section 825.103, relating to exploitation of an elderly

1391

person or disabled adult, if the offense was a felony.

1392

     (y)  Section 826.04, relating to incest.

1393

     (z)  Section 827.03, relating to child abuse, aggravated

1394

child abuse, or neglect of a child.

1395

     (aa)  Section 827.04, relating to contributing to the

1396

delinquency or dependency of a child.

1397

     (bb)  Former s. 827.05, relating to negligent treatment of

1398

children.

1399

     (cc)  Section 827.071, relating to sexual performance by a

1400

child.

1401

     (dd)  Chapter 847, relating to obscene literature.

1402

     (ee)  Chapter 893, relating to drug abuse prevention and

1403

control, only if the offense was a felony or if any other person

1404

involved in the offense was a minor.

1405

     (ff)  Section 916.1075, relating to sexual misconduct with

1406

certain forensic clients and reporting of such sexual misconduct.

1407

     (3)  Standards must also ensure that the person:

1408

     (a)  For employees and employers licensed or registered

1409

pursuant to part II of chapter 408 chapter 400 or chapter 429,

1410

and for employees and employers of developmental disabilities

1411

institutions as defined in s. 393.063, intermediate care

1412

facilities for the developmentally disabled as defined in s.

1413

400.960, and mental health treatment facilities as defined in s.

1414

394.455, has not been convicted of, or entered a plea of guilty

1415

or nolo contendere, regardless of adjudication, to offenses

1416

prohibited under any of the following statutes or under any

1417

similar statute of another jurisdiction: meets the requirements

1418

of this chapter.

1419

     1. Sections 409.920 and 409.9201, relating to Medicaid

1420

fraud.

1421

     2. Chapter 429, relating to assisted care communities.

1422

     3. Chapter 784, relating to assault, battery, and culpable

1423

negligence, if the offense is a felony.

1424

     4. Section 810.02, relating to burglary, if the offense is

1425

a felony.

1426

     5. Section 817.034, relating to communications fraud.

1427

     6. Section 817.234, relating to fraudulent insurance

1428

claims.

1429

     7. Section 817.505, relating to patient brokering.

1430

     8. Section 817.568, relating to identification theft.

1431

     9. Sections 817.60 and 817.61, relating to credit cards, if

1432

the offense is a felony.

1433

     10. Sections 831.01, 831.02, 831.07, 831.09, 831.30, and

1434

831.31 relating to forgery, uttering, and counterfeiting.

1435

     (b)  Has not committed an act that constitutes domestic

1436

violence as defined in s. 741.28.

1437

     Section 26.  Subsections (2) and (4) of section 435.04,

1438

Florida Statutes, are amended to read:

1439

     435.04  Level 2 screening standards.--

1440

     (2)  The security background investigations under this

1441

section must ensure that no persons subject to the provisions of

1442

this section have been convicted found guilty of, regardless of

1443

adjudication, or entered a plea of guilty or nolo contendere or

1444

guilty to, regardless of adjudication, to any offense prohibited

1445

under any of the following provisions of the Florida statutes or

1446

under any similar statute of another jurisdiction:

1447

     (a)  Section 393.135, relating to sexual misconduct with

1448

certain developmentally disabled clients and reporting of such

1449

sexual misconduct.

1450

     (b)  Section 394.4593, relating to sexual misconduct with

1451

certain mental health patients and reporting of such sexual

1452

misconduct.

1453

     (c)  Section 415.111, relating to adult abuse, neglect, or

1454

exploitation of aged persons or disabled adults.

1455

     (d)  Section 782.04, relating to murder.

1456

     (e)  Section 782.07, relating to manslaughter, aggravated

1457

manslaughter of an elderly person or disabled adult, or

1458

aggravated manslaughter of a child.

1459

     (f)  Section 782.071, relating to vehicular homicide.

1460

     (g)  Section 782.09, relating to killing of an unborn quick

1461

child by injury to the mother.

1462

     (h)  Section 784.011, relating to assault, if the victim of

1463

the offense was a minor.

1464

     (i)  Section 784.021, relating to aggravated assault.

1465

     (j)  Section 784.03, relating to battery, if the victim of

1466

the offense was a minor.

1467

     (k)  Section 784.045, relating to aggravated battery.

1468

     (l)  Section 784.075, relating to battery on a detention or

1469

commitment facility staff.

1470

     (m)  Section 787.01, relating to kidnapping.

1471

     (n)  Section 787.02, relating to false imprisonment.

1472

     (o)  Section 787.04(2), relating to taking, enticing, or

1473

removing a child beyond the state limits with criminal intent

1474

pending custody proceedings.

1475

     (p)  Section 787.04(3), relating to carrying a child beyond

1476

the state lines with criminal intent to avoid producing a child

1477

at a custody hearing or delivering the child to the designated

1478

person.

1479

     (q)  Section 790.115(1), relating to exhibiting firearms or

1480

weapons within 1,000 feet of a school.

1481

     (r)  Section 790.115(2)(b), relating to possessing an

1482

electric weapon or device, destructive device, or other weapon on

1483

school property.

1484

     (s)  Section 794.011, relating to sexual battery.

1485

     (t)  Former s. 794.041, relating to prohibited acts of

1486

persons in familial or custodial authority.

1487

     (u)  Chapter 796, relating to prostitution.

1488

     (v)  Section 798.02, relating to lewd and lascivious

1489

behavior.

1490

     (w)  Chapter 800, relating to lewdness and indecent

1491

exposure.

1492

     (x)  Section 806.01, relating to arson.

1493

     (y)  Chapter 812, relating to theft, robbery, and related

1494

crimes, if the offense is a felony.

1495

     (z)  Section 817.563, relating to fraudulent sale of

1496

controlled substances, only if the offense was a felony.

1497

     (aa)  Section 825.102, relating to abuse, aggravated abuse,

1498

or neglect of an elderly person or disabled adult.

1499

     (bb)  Section 825.1025, relating to lewd or lascivious

1500

offenses committed upon or in the presence of an elderly person

1501

or disabled adult.

1502

     (cc)  Section 825.103, relating to exploitation of an

1503

elderly person or disabled adult, if the offense was a felony.

1504

     (dd)  Section 826.04, relating to incest.

1505

     (ee)  Section 827.03, relating to child abuse, aggravated

1506

child abuse, or neglect of a child.

1507

     (ff)  Section 827.04, relating to contributing to the

1508

delinquency or dependency of a child.

1509

     (gg)  Former s. 827.05, relating to negligent treatment of

1510

children.

1511

     (hh)  Section 827.071, relating to sexual performance by a

1512

child.

1513

     (ii)  Section 843.01, relating to resisting arrest with

1514

violence.

1515

     (jj)  Section 843.025, relating to depriving a law

1516

enforcement, correctional, or correctional probation officer

1517

means of protection or communication.

1518

     (kk)  Section 843.12, relating to aiding in an escape.

1519

     (ll)  Section 843.13, relating to aiding in the escape of

1520

juvenile inmates in correctional institutions.

1521

     (mm)  Chapter 847, relating to obscene literature.

1522

     (nn)  Section 874.05(1), relating to encouraging or

1523

recruiting another to join a criminal gang.

1524

     (oo)  Chapter 893, relating to drug abuse prevention and

1525

control, only if the offense was a felony or if any other person

1526

involved in the offense was a minor.

1527

     (pp)  Section 916.1075, relating to sexual misconduct with

1528

certain forensic clients and reporting of such sexual misconduct.

1529

     (qq)  Section 944.35(3), relating to inflicting cruel or

1530

inhuman treatment on an inmate resulting in great bodily harm.

1531

     (rr)  Section 944.46, relating to harboring, concealing, or

1532

aiding an escaped prisoner.

1533

     (ss)  Section 944.47, relating to introduction of contraband

1534

into a correctional facility.

1535

     (tt)  Section 985.701, relating to sexual misconduct in

1536

juvenile justice programs.

1537

     (uu)  Section 985.711, relating to contraband introduced

1538

into detention facilities.

1539

     (4)  Standards must also ensure that the person:

1540

     (a)  For employees or employers licensed or registered

1541

pursuant to part II of chapter 408, and for employees and

1542

employers of developmental disabilities institutions as defined

1543

in s. 393.063, and mental health treatment facilities as defined

1544

in s. 394.455, has not been convicted of, or entered a plea of

1545

guilty or nolo contendere, regardless of adjudication, to

1546

offenses prohibited under any of the following statutes or under

1547

similar statutes of another jurisdiction: chapter 400 or chapter

1548

429, does not have a confirmed report of abuse, neglect, or

1549

exploitation as defined in s. 415.102(6), which has been

1550

uncontested or upheld under s. 415.103.

1551

     1. Sections 409.920 and 409.9201, relating to Medicaid

1552

fraud.

1553

     2. Chapter 429, relating to assisted care communities.

1554

     3. Chapter 784, relating to assault, battery, and culpable

1555

negligence, if the offense is a felony.

1556

     4. Section 810.02, relating to burglary, if the offense is

1557

a felony.

1558

     5. Section 817.034, relating to communications fraud.

1559

     6. Section 817.234, relating to fraudulent insurance

1560

claims.

1561

     7. Section 817.505, relating to patient brokering.

1562

     8. Section 817.568, relating to identification theft.

1563

     9. Sections 817.60 and 817.61, relating to credit cards, if

1564

the offense is a felony.

1565

     10. Sections 831.01, 831.02, 831.07, 831.09, 831.30, and

1566

831.31 relating to forgery, uttering, and counterfeiting.

1567

     (b)  Has not committed an act that constitutes domestic

1568

violence as defined in s. 741.28 s. 741.30.

1569

     (c) Does not have a confirmed report of abuse, neglect, or

1570

exploitation which has been uncontested or upheld under s.

1571

415.103, if the person is an employee of a developmental

1572

disabilities institution as defined in s. 393.063.

1573

     Section 27. Subsection (13) of section 400.141, subsection

1574

(3)of section 408.809, subsection (2) of section 429.08, and

1575

subsection (5) of section 429.41, Florida Statutes, are repealed.

1576

     Section 28.  Paragraph (h) of subsection (3) of section

1577

430.80, Florida Statutes, is amended to read:

1578

     430.80  Implementation of a teaching nursing home pilot

1579

project.--

1580

     (3)  To be designated as a teaching nursing home, a nursing

1581

home licensee must, at a minimum:

1582

     (h) Maintain insurance coverage pursuant to s. 400.141(19)

1583

s. 400.141(20) or proof of financial responsibility in a minimum

1584

amount of $750,000. Such Proof of financial responsibility may

1585

include:

1586

     1.  Maintaining an escrow account consisting of cash or

1587

assets eligible for deposit in accordance with s. 625.52; or

1588

     2. Obtaining and maintaining, pursuant to chapter 675, an

1589

unexpired, irrevocable, nontransferable and nonassignable letter

1590

of credit issued by a any bank or savings association organized

1591

and existing under the laws of this state or a any bank or

1592

savings association organized under the laws of the United States

1593

that has its principal place of business in this state or has a

1594

branch office which is authorized to receive deposits in this

1595

state. The letter of credit shall be used to satisfy the

1596

obligation of the facility to the claimant upon presentment of a

1597

final judgment indicating liability and awarding damages to be

1598

paid by the facility or upon presentment of a settlement

1599

agreement signed by all parties if the to the agreement when such

1600

final judgment or settlement is a result of a liability claim

1601

against the facility.

1602

     Section 29.  Subsection (13) of section 651.118, Florida

1603

Statutes, is amended to read:

1604

     651.118  Agency for Health Care Administration; certificates

1605

of need; sheltered beds; community beds.--

1606

     (13) Residents, as defined in this chapter, are not

1607

considered new admissions for the purpose of s. 400.141(14)(d) s.

1608

400.141(15)(d).

1609

     Section 30. The sum of $391,768 is appropriated to the

1610

Agency for Health Care Administration from the Health Care Trust

1611

Fund for the 2008-2009 fiscal year, and 8.5 full-time equivalent

1612

positions along with an associated salary rate of 295,840 are

1613

authorized for the purpose of implementing the provisions of this

1614

act.

1615

     Section 31.  This act shall take effect October 1, 2008.