Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1458
       
       
       
       
       
       
                                Barcode 423426                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Health Regulation (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) of subsection (1) of section
    6  400.141, Florida Statutes, is amended to read:
    7         400.141 Administration and management of nursing home
    8  facilities.—
    9         (1) Every licensed facility shall comply with all
   10  applicable standards and rules of the agency and shall:
   11         (d) Provide for resident use of a community pharmacy as
   12  specified in s. 400.022(1)(q). Any other law to the contrary
   13  notwithstanding, a registered pharmacist licensed in Florida,
   14  that is under contract with a facility licensed under this
   15  chapter or chapter 429, shall repackage a nursing facility
   16  resident’s bulk prescription medication which has been packaged
   17  by another pharmacist licensed in any state in the United States
   18  into a unit dose system compatible with the system used by the
   19  nursing facility, if the pharmacist is requested to offer such
   20  service. In order to be eligible for the repackaging, a resident
   21  or the resident’s spouse must receive prescription medication
   22  benefits provided through a former employer as part of his or
   23  her retirement benefits, a qualified pension plan as specified
   24  in s. 4972 of the Internal Revenue Code, a federal retirement
   25  program as specified under 5 C.F.R. s. 831, or a long-term care
   26  policy as defined in s. 627.9404(1). A pharmacist who correctly
   27  repackages and relabels the medication and the nursing facility
   28  which correctly administers such repackaged medication under
   29  this paragraph may not be held liable in any civil or
   30  administrative action arising from the repackaging. In order to
   31  be eligible for the repackaging, a nursing facility resident for
   32  whom the medication is to be repackaged shall sign an informed
   33  consent form provided by the facility which includes an
   34  explanation of the repackaging process and which notifies the
   35  resident of the immunities from liability provided in this
   36  paragraph. A pharmacist who repackages and relabels prescription
   37  medications, as authorized under this paragraph, may charge a
   38  reasonable fee for costs resulting from the administration
   39  implementation of this provision.
   40         Section 2. Subsection (8) of section 408.810, Florida
   41  Statutes, is amended to read:
   42         408.810 Minimum licensure requirements.—In addition to the
   43  licensure requirements specified in this part, authorizing
   44  statutes, and applicable rules, each applicant and licensee must
   45  comply with the requirements of this section in order to obtain
   46  and maintain a license.
   47         (8) Upon application for initial licensure or change of
   48  ownership licensure, the applicant shall furnish satisfactory
   49  proof of the applicant’s financial ability to operate in
   50  accordance with the requirements of this part, authorizing
   51  statutes, and applicable rules. The agency shall establish
   52  standards for this purpose, including information concerning the
   53  applicant’s controlling interests. The agency shall also
   54  establish documentation requirements, to be completed by each
   55  applicant, that show anticipated provider revenues and
   56  expenditures, the basis for financing the anticipated cash-flow
   57  requirements of the provider, and an applicant’s access to
   58  contingency financing. A current certificate of authority,
   59  pursuant to chapter 651, may be provided as proof of financial
   60  ability to operate. A facility licensed under part I of chapter
   61  429 shall be required to submit only an assisted living facility
   62  statement of operation and an assets and liabilities atatement
   63  as proof of financial ability to operate. The agency may require
   64  a licensee to provide proof of financial ability to operate at
   65  any time if there is evidence of financial instability,
   66  including, but not limited to, unpaid expenses necessary for the
   67  basic operations of the provider.
   68         Section 3. Subsection (13) of section 408.820, Florida
   69  Statutes, is amended to read:
   70         408.820 Exemptions.—Except as prescribed in authorizing
   71  statutes, the following exemptions shall apply to specified
   72  requirements of this part:
   73         (13) Assisted living facilities, as provided under part I
   74  of chapter 429, are exempt from ss. s. 408.810(10) and
   75  408.813(2).
   76         Section 4. Subsection (2) of section 429.01, Florida
   77  Statutes, is amended to read:
   78         429.01 Short title; purpose.—
   79         (2) The purpose of this act is to promote the availability
   80  of appropriate services for elderly persons and adults with
   81  disabilities in the least restrictive and most homelike
   82  environment;, to encourage the development of facilities that
   83  promote the dignity, individuality, privacy, and decisionmaking
   84  ability of such persons;, to provide for the health, safety, and
   85  welfare of residents of assisted living facilities in the state,
   86  to promote continued improvement of such facilities;, to
   87  encourage the development of innovative and affordable
   88  facilities particularly for persons with low to moderate
   89  incomes;, to ensure that all agencies of the state cooperate in
   90  the protection of such residents;, and to ensure that needed
   91  economic, social, mental health, health, and leisure services
   92  are made available to residents of such facilities through the
   93  efforts of the Agency for Health Care Administration, the
   94  Department of Elderly Affairs, the Department of Children and
   95  Family Services, the Department of Health, assisted living
   96  facilities, and other community agencies. To the maximum extent
   97  possible, appropriate community-based programs must be available
   98  to state-supported residents to augment the services provided in
   99  assisted living facilities. The Legislature recognizes that
  100  assisted living facilities are an important part of the
  101  continuum of long-term care in the state as community-based
  102  social models with a health component and not as medical or
  103  nursing facilities. In support of the goal of aging in place,
  104  the Legislature further recognizes that assisted living
  105  facilities should be operated and regulated as residential
  106  environments with supportive services and not as medical or
  107  nursing facilities and, as such, should not be subject to the
  108  same regulations as medical or nursing facilities but instead be
  109  regulated in a less restrictive manner that is appropriate for a
  110  residential, nonmedical setting. The services available in these
  111  facilities, either directly or through contract or agreement,
  112  are intended to help residents remain as independent as
  113  possible. Regulations governing these facilities must be
  114  sufficiently flexible to allow facilities to adopt policies that
  115  enable residents to age in place when resources are available to
  116  meet their needs and accommodate their preferences.
  117         Section 5. Section 429.02, Florida Statutes, is amended to
  118  read:
  119         429.02 Definitions.—When used in this part, the term:
  120         (1) “Activities of daily living” means functions and tasks
  121  for self-care, including ambulation, bathing, dressing, eating,
  122  grooming, and toileting, and other similar tasks.
  123         (2) “Administrator” means an individual at least 21 years
  124  of age who is responsible for the operation and maintenance of
  125  an assisted living facility; for promoting the resident’s
  126  dignity, autonomy, independence, and privacy in the least
  127  restrictive and most homelike setting consistent with the
  128  resident’s preferences and physical and mental status; and for
  129  ensuring the appropriateness of continued placement of a
  130  resident, in consultation with the resident, resident’s
  131  representative or designee, if applicable, and the resident’s
  132  physician.
  133         (3) “Agency” means the Agency for Health Care
  134  Administration.
  135         (4) “Aging in place” or “age in place” means the process of
  136  providing increased or adjusted services to a person to
  137  compensate for the physical or mental decline that may occur
  138  with the aging process, in order to maximize the person’s
  139  dignity and independence and permit them to remain in a
  140  familiar, noninstitutional, residential environment for as long
  141  as possible, as determined by the individual, his or her
  142  physician and the administrator. Such services may be provided
  143  by facility staff, volunteers, family, or friends, or through
  144  contractual arrangements with a third party.
  145         (5)“Arbitration” means a process whereby a neutral third
  146  person or panel, called an arbitrator or arbitration panel,
  147  considers the facts and arguments presented by parties and
  148  renders a decision which may be biding or nonbinding as provided
  149  for in chapter 44.
  150         (6)(5) “Assisted living facility” means any residential
  151  setting that provides, directly or indirectly by means of
  152  contracts or arrangements, for a period exceeding 24 hours,
  153  building or buildings, section or distinct part of a building,
  154  private home, boarding home, home for the aged, or other
  155  residential facility, whether operated for profit or not, which
  156  undertakes through its ownership or management to provide
  157  housing, meals, and one or more personal services that meet the
  158  resident’s changing needs and preferences for a period exceeding
  159  24 hours to one or more adults who are not relatives of the
  160  owner or administrator. As used in this subsection, the term
  161  “residential setting” includes, but is not limited to, a
  162  building or buildings, section or distinct part of a building,
  163  private home, or other residence.
  164         (7)(6) “Chemical restraint” means a pharmacologic drug that
  165  physically limits, restricts, or deprives an individual of
  166  movement or mobility, and is used for discipline or convenience
  167  and not required for the treatment of medical symptoms.
  168         (8)(7) “Community living support plan” means a written
  169  document prepared by a mental health resident and the resident’s
  170  mental health case manager in consultation with the
  171  administrator, or the administrator’s designee, of an assisted
  172  living facility with a limited mental health license or the
  173  administrator’s designee. A copy must be provided to the
  174  administrator. The plan must include information about the
  175  supports, services, and special needs of the resident which
  176  enable the resident to live in the assisted living facility and
  177  a method by which facility staff can recognize and respond to
  178  the signs and symptoms particular to that resident which
  179  indicate the need for professional services.
  180         (9) “Controlling interest” means:
  181         (a) The applicant or licensee; or
  182         (b) A person or entity that has a 50 percent or greater
  183  ownership interest in the applicant or licensee.
  184         (10)(8) “Cooperative agreement” means a written statement
  185  of understanding between a mental health care provider and the
  186  administrator of the assisted living facility with a limited
  187  mental health license in which a mental health resident is
  188  living. The agreement must specify directions for accessing
  189  emergency and after-hours care for the mental health resident. A
  190  single cooperative agreement may service all mental health
  191  residents who are clients of the same mental health care
  192  provider.
  193         (11)(9) “Department” means the Department of Elderly
  194  Affairs.
  195         (12)(10) “Emergency” means a situation, physical condition,
  196  or method of operation which presents imminent danger of death
  197  or serious physical or mental harm to facility residents.
  198         (13)(11) “Extended congregate care” means acts beyond those
  199  authorized in subsection (16) that may be performed pursuant to
  200  part I of chapter 464 by persons licensed thereunder while
  201  carrying out their professional duties, and other supportive
  202  services which may be specified by rule. The purpose of such
  203  services is to enable residents to age in place in a residential
  204  environment despite mental or physical limitations that might
  205  otherwise disqualify them from residency in a facility licensed
  206  under this part.
  207         (14)(12) “Guardian” means a person to whom the law has
  208  entrusted the custody and control of the person or property, or
  209  both, of a person who has been legally adjudged incapacitated.
  210         (15) “Licensed facility” means an assisted living facility
  211  for which a licensee has been issued a license pursuant to this
  212  part and part II of chapter 408.
  213         (16)(13) “Limited nursing services” means acts that may be
  214  performed pursuant to part I of chapter 464 by persons licensed
  215  thereunder while carrying out their professional duties but
  216  limited to those acts which the department specifies by rule.
  217  Acts which may be specified by rule as allowable limited nursing
  218  services shall be for persons who meet the admission criteria
  219  established by the department for assisted living facilities and
  220  shall not be complex enough to require 24-hour nursing
  221  supervision and may include such services as the application and
  222  care of routine dressings, and care of casts, braces, and
  223  splints.
  224         (17)(14) “Managed risk” means the process by which the
  225  facility staff discuss the service plan and the needs of the
  226  resident with the resident and, if applicable, the resident’s
  227  representative or designee or the resident’s surrogate,
  228  guardian, or attorney in fact, in such a way that the
  229  consequences of a decision, including any inherent risk, are
  230  explained to all parties and reviewed periodically in
  231  conjunction with the service plan, taking into account changes
  232  in the resident’s status and the ability of the facility to
  233  respond accordingly.
  234         (18)(15) “Mental health resident” means an individual who
  235  receives social security disability income due to a mental
  236  disorder as determined by the Social Security Administration or
  237  receives supplemental security income due to a mental disorder
  238  as determined by the Social Security Administration and receives
  239  optional state supplementation.
  240         (19)“Person” means any individual, partnership,
  241  corporation, association, or governmental unit.
  242         (20)(16) “Personal services” means direct physical
  243  assistance with or supervision of the activities of daily living
  244  and the self-administration of medication and other similar
  245  services which the department may define by rule. “Personal
  246  services” shall not be construed to mean the provision of
  247  medical, nursing, dental, or mental health services.
  248         (21)(17) “Physical restraint” means a device which
  249  physically limits, restricts, or deprives an individual of
  250  movement or mobility, including, but not limited to, a half-bed
  251  rail, a full-bed rail, a geriatric chair, and a posey restraint.
  252  The term “physical restraint” shall also include any device
  253  which was not specifically manufactured as a restraint but which
  254  has been altered, arranged, or otherwise used for this purpose.
  255  The term shall not include bandage material used for the purpose
  256  of binding a wound or injury.
  257         (22)(18) “Relative” means an individual who is the father,
  258  mother, stepfather, stepmother, son, daughter, brother, sister,
  259  grandmother, grandfather, great-grandmother, great-grandfather,
  260  grandson, granddaughter, uncle, aunt, first cousin, nephew,
  261  niece, husband, wife, father-in-law, mother-in-law, son-in-law,
  262  daughter-in-law, brother-in-law, sister-in-law, stepson,
  263  stepdaughter, stepbrother, stepsister, half brother, or half
  264  sister of an owner or administrator.
  265         (23)(19) “Resident” means a person 18 years of age or
  266  older, residing in and receiving care from an assisted living a
  267  facility.
  268         (24)(20) “Resident’s representative or designee” means a
  269  person other than the owner, or an agent or employee of the
  270  assisted living facility, designated in writing by the resident,
  271  if legally competent, to receive notice of changes in the
  272  contract executed pursuant to s. 429.24; to receive notice of
  273  and to participate in meetings between the resident and the
  274  facility owner, administrator, or staff concerning the rights of
  275  the resident; to assist the resident in contacting the ombudsman
  276  council if the resident has a complaint against the facility; or
  277  to bring legal action on behalf of the resident pursuant to s.
  278  429.29.
  279         (25)(21) “Service plan” means a written plan, developed and
  280  agreed upon by the resident and, if applicable, the resident’s
  281  representative or designee or the resident’s surrogate,
  282  guardian, or attorney in fact, if any, and the administrator or
  283  the administrator’s designee representing the facility, which
  284  addresses the unique physical and psychosocial needs, abilities,
  285  and personal preferences of each resident receiving extended
  286  congregate care services. The plan shall include a brief written
  287  description, in easily understood language, of what services
  288  shall be provided, who shall provide the services, when the
  289  services shall be rendered, and the purposes and benefits of the
  290  services.
  291         (26)(22) “Shared responsibility” means exploring the
  292  options available to a resident within a facility and the risks
  293  involved with each option when making decisions pertaining to
  294  the resident’s abilities, preferences, and service needs,
  295  thereby enabling the resident and, if applicable, the resident’s
  296  representative or designee, or the resident’s surrogate,
  297  guardian, or attorney in fact, and the facility to develop a
  298  service plan which best meets the resident’s needs and seeks to
  299  improve the resident’s quality of life.
  300         (27)(23) “Supervision” means reminding residents to engage
  301  in activities of daily living and the self-administration of
  302  medication, and, when necessary, observing or providing verbal
  303  cuing to residents while they perform these activities.
  304  Supervision does not include one-on-one observation.
  305         (28)(24) “Supplemental security income,” Title XVI of the
  306  Social Security Act, means a program through which the Federal
  307  Government guarantees a minimum monthly income to every person
  308  who is age 65 or older, or disabled, or blind and meets the
  309  income and asset requirements.
  310         (29)(25) “Supportive services” means services designed to
  311  encourage and assist residents aged persons or adults with
  312  disabilities to remain in the least restrictive living
  313  environment and to maintain their independence as long as
  314  possible.
  315         (30)(26) “Twenty-four-hour nursing supervision” means
  316  services that are ordered by a physician for a resident whose
  317  condition requires the supervision of a physician and continued
  318  monitoring of vital signs and physical status. Such services
  319  shall be: medically complex enough to require constant
  320  supervision, assessment, planning, or intervention by a nurse;
  321  required to be performed by or under the direct supervision of
  322  licensed nursing personnel or other professional personnel for
  323  safe and effective performance; required on a daily basis; and
  324  consistent with the nature and severity of the resident’s
  325  condition or the disease state or stage.
  326         Section 6. Paragraphs (g) and (h) of subsection (2) of
  327  section 429.04, Florida Statutes, are amended to read:
  328         429.04 Facilities to be licensed; exemptions.—
  329         (2) The following are exempt from licensure under this
  330  part:
  331         (g) Any facility certified under chapter 651, or a
  332  retirement community, may provide services authorized under this
  333  part or part III of chapter 400 to its residents who live in
  334  single-family homes, duplexes, quadruplexes, or apartments
  335  located on the campus without obtaining a license to operate an
  336  assisted living facility if residential units within such
  337  buildings are used by residents who do not require staff
  338  supervision for that portion of the day when personal services
  339  are not being delivered and the owner obtains a home health
  340  license to provide such services. However, any building or
  341  distinct part of a building on the campus that is designated for
  342  persons who receive personal services and require supervision
  343  beyond that which is available while such services are being
  344  rendered must be licensed in accordance with this part. If a
  345  facility provides personal services to residents who do not
  346  otherwise require supervision and the owner is not licensed as a
  347  home health agency, the buildings or distinct parts of buildings
  348  where such services are rendered must be licensed under this
  349  part. A resident of a facility that obtains a home health
  350  license may contract with a home health agency of his or her
  351  choice, provided that the home health agency provides liability
  352  insurance and workers’ compensation coverage for its employees.
  353  Facilities covered by this exemption may establish policies that
  354  give residents the option of contracting for services and care
  355  beyond that which is provided by the facility to enable them to
  356  age in place. For purposes of this section, a retirement
  357  community consists of a facility licensed under this part or a
  358  facility licensed under part II of chapter 400, and apartments
  359  designed for independent living located on the same campus.
  360         (h) Any residential unit for independent living which is
  361  located within a facility certified under chapter 651, or any
  362  residential unit for independent living which is colocated with
  363  a nursing home licensed under part II of chapter 400 or
  364  colocated with a facility licensed under this part in which
  365  services are provided through an outpatient clinic or a nursing
  366  home on an outpatient basis.
  367         Section 7. Subsections (3) and (4) of section 429.07,
  368  Florida Statutes, are amended, and subsections (6) and (7) are
  369  added to that section, to read:
  370         429.07 License required; fee.—
  371         (3) In addition to the requirements of s. 408.806, each
  372  license granted by the agency must state the type of care for
  373  which the license is granted. Licenses shall be issued for one
  374  or more of the following categories of care: standard, extended
  375  congregate care, limited nursing services, or limited mental
  376  health.
  377         (a) A standard license shall be issued to a licensee for a
  378  facility facilities providing one or more of the personal
  379  services identified in s. 429.02. Such facilities may also
  380  employ or contract with a person licensed under part I of
  381  chapter 464 to administer medications and perform other tasks as
  382  specified in s. 429.255.
  383         (b) An extended congregate care license shall be issued to
  384  a licensee for a facility facilities providing, directly or
  385  through contract, services beyond those authorized in paragraph
  386  (a), including services performed by persons licensed under part
  387  I of chapter 464 and supportive services, as defined by rule, to
  388  persons who would otherwise be disqualified from continued
  389  residence in a facility licensed under this part.
  390         1. In order for extended congregate care services to be
  391  provided, the agency must first determine that all requirements
  392  established in law and rule are met and must specifically
  393  designate, on the facility’s license, that such services may be
  394  provided and whether the designation applies to all or part of
  395  the facility. Such designation may be made at the time of
  396  initial licensure or relicensure, or upon request in writing by
  397  a licensee under this part and part II of chapter 408. The
  398  notification of approval or the denial of the request shall be
  399  made in accordance with part II of chapter 408. Existing
  400  facilities qualifying to provide extended congregate care
  401  services must have maintained a standard license and may not
  402  have been subject to administrative sanctions during the
  403  previous 2 years, or since initial licensure if the facility has
  404  been licensed for less than 2 years, for any of the following
  405  reasons:
  406         a. A class I or class II violation;
  407         b. Three or more repeat or recurring class III violations
  408  of identical or similar resident care standards from which a
  409  pattern of noncompliance is found by the agency;
  410         c. Three or more class III violations that were not
  411  corrected in accordance with the corrective action plan approved
  412  by the agency;
  413         b.d. Violation of resident care standards which results in
  414  requiring the facility to employ the services of a consultant
  415  pharmacist or consultant dietitian; or
  416         e. Denial, suspension, or revocation of a license for
  417  another facility licensed under this part in which the applicant
  418  for an extended congregate care license has at least 25 percent
  419  ownership interest; or
  420         c.f. Imposition of a moratorium pursuant to this part or
  421  part II of chapter 408 or initiation of injunctive proceedings.
  422         2. A licensee facility that is licensed to provide extended
  423  congregate care services shall maintain a written progress
  424  report for on each person who receives services, and the report
  425  must describe which describes the type, amount, duration, scope,
  426  and outcome of services that are rendered and the general status
  427  of the resident’s health. A registered nurse, or appropriate
  428  designee, representing the agency shall visit the facility at
  429  least quarterly to monitor residents who are receiving extended
  430  congregate care services and to determine if the facility is in
  431  compliance with this part, part II of chapter 408, and relevant
  432  rules. One of the visits may be in conjunction with the regular
  433  survey. The monitoring visits may be provided through
  434  contractual arrangements with appropriate community agencies. A
  435  registered nurse shall serve as part of the team that inspects
  436  the facility. The agency may waive one of the required yearly
  437  monitoring visits for a facility that has been licensed for at
  438  least 24 months to provide extended congregate care services,
  439  if, during the inspection, the registered nurse determines that
  440  extended congregate care services are being provided
  441  appropriately, and if the facility has no class I or class II
  442  violations and no uncorrected class III violations. The agency
  443  must first consult with the long-term care ombudsman council for
  444  the area in which the facility is located to determine if any
  445  complaints have been made and substantiated about the quality of
  446  services or care. The agency may not waive one of the required
  447  yearly monitoring visits if complaints have been made and
  448  substantiated.
  449         3. A licensee facility that is licensed to provide extended
  450  congregate care services shall must:
  451         a. Demonstrate the capability to meet unanticipated
  452  resident service needs.
  453         b. Offer a physical environment that promotes a homelike
  454  setting, provides for resident privacy, promotes resident
  455  independence, and allows sufficient congregate space as defined
  456  by rule.
  457         c. Have sufficient staff available, taking into account the
  458  physical plant and firesafety features of the residential
  459  setting building, to assist with the evacuation of residents in
  460  an emergency.
  461         d. Adopt and follow policies and procedures that maximize
  462  resident independence, dignity, choice, and decisionmaking to
  463  permit residents to age in place, so that moves due to changes
  464  in functional status are minimized or avoided.
  465         e. Allow residents or, if applicable, a resident’s
  466  representative, designee, surrogate, guardian, or attorney in
  467  fact to make a variety of personal choices, participate in
  468  developing service plans, and share responsibility in
  469  decisionmaking.
  470         f. Implement the concept of managed risk.
  471         g. Provide, directly or through contract, the services of a
  472  person licensed under part I of chapter 464.
  473         h. In addition to the training mandated in s. 429.52,
  474  provide specialized training as defined by rule for facility
  475  staff.
  476         4. A facility that is licensed to provide extended
  477  congregate care services is exempt from the criteria for
  478  continued residency set forth in rules adopted under s. 429.41.
  479  A licensed facility must adopt its own requirements within
  480  guidelines for continued residency set forth by rule. However,
  481  the facility may not serve residents who require 24-hour nursing
  482  supervision. A licensed facility that provides extended
  483  congregate care services must also provide each resident with a
  484  written copy of facility policies governing admission and
  485  retention.
  486         5. The primary purpose of extended congregate care services
  487  is to allow residents, as they become more impaired, the option
  488  of remaining in a familiar setting from which they would
  489  otherwise be disqualified for continued residency. A facility
  490  licensed to provide extended congregate care services may also
  491  admit an individual who exceeds the admission criteria for a
  492  facility with a standard license, if the individual is
  493  determined appropriate for admission to the extended congregate
  494  care facility.
  495         6. Before the admission of an individual to a facility
  496  licensed to provide extended congregate care services, the
  497  individual must undergo a medical examination as provided in s.
  498  429.26(4) and the licensee facility must develop a preliminary
  499  service plan for the individual.
  500         7. When a licensee facility can no longer provide or
  501  arrange for services in accordance with the resident’s service
  502  plan and needs and the licensee’s facility’s policy, the
  503  licensee facility shall make arrangements for relocating the
  504  person in accordance with s. 429.28(1)(k).
  505         8. Failure to provide extended congregate care services may
  506  result in denial of extended congregate care license renewal.
  507         (c) A limited nursing services license shall be issued to a
  508  facility that provides services beyond those authorized in
  509  paragraph (a) and as specified in this paragraph.
  510         1. In order for limited nursing services to be provided in
  511  a facility licensed under this part, the agency must first
  512  determine that all requirements established in law and rule are
  513  met and must specifically designate, on the facility’s license,
  514  that such services may be provided. Such designation may be made
  515  at the time of initial licensure or relicensure, or upon request
  516  in writing by a licensee under this part and part II of chapter
  517  408. Notification of approval or denial of such request shall be
  518  made in accordance with part II of chapter 408. Existing
  519  facilities qualifying to provide limited nursing services shall
  520  have maintained a standard license and may not have been subject
  521  to administrative sanctions that affect the health, safety, and
  522  welfare of residents for the previous 2 years or since initial
  523  licensure if the facility has been licensed for less than 2
  524  years.
  525         2. Facilities that are licensed to provide limited nursing
  526  services shall maintain a written progress report on each person
  527  who receives such nursing services, which report describes the
  528  type, amount, duration, scope, and outcome of services that are
  529  rendered and the general status of the resident’s health. A
  530  registered nurse representing the agency shall visit such
  531  facilities at least twice a year to monitor residents who are
  532  receiving limited nursing services and to determine if the
  533  facility is in compliance with applicable provisions of this
  534  part, part II of chapter 408, and related rules. The monitoring
  535  visits may be provided through contractual arrangements with
  536  appropriate community agencies. A registered nurse shall also
  537  serve as part of the team that inspects such facility.
  538         3. A person who receives limited nursing services under
  539  this part must meet the admission criteria established by the
  540  agency for assisted living facilities. When a resident no longer
  541  meets the admission criteria for a facility licensed under this
  542  part, arrangements for relocating the person shall be made in
  543  accordance with s. 429.28(1)(k), unless the facility is licensed
  544  to provide extended congregate care services.
  545         (4) In accordance with s. 408.805, an applicant or licensee
  546  shall pay a fee for each license application submitted under
  547  this part, part II of chapter 408, and applicable rules. The
  548  amount of the fee shall be established by rule.
  549         (a) The biennial license fee required of a facility is $371
  550  $300 per license, with an additional fee of $71 $50 per resident
  551  based on the total licensed resident capacity of the facility,
  552  except that no additional fee will be assessed for beds used by
  553  designated for recipients of Medicaid home and community-based
  554  waiver programs optional state supplementation payments provided
  555  for in s. 409.212. The total fee may not exceed $10,000.
  556         (b) In addition to the total fee assessed under paragraph
  557  (a), the agency shall require facilities that are licensed to
  558  provide extended congregate care services under this part to pay
  559  an additional fee per licensed facility. The amount of the
  560  biennial fee shall be $523 $400 per license, with an additional
  561  fee of $10 per resident based on the total licensed resident
  562  capacity of the facility.
  563         (c) In addition to the total fee assessed under paragraph
  564  (a), the agency shall require facilities that are licensed to
  565  provide limited nursing services under this part to pay an
  566  additional fee per licensed facility. The amount of the biennial
  567  fee shall be $250 per license, with an additional fee of $10 per
  568  resident based on the total licensed resident capacity of the
  569  facility.
  570         (6)In order to determine whether the facility must
  571  participate in the monitoring activities during the 12-month
  572  period, the agency shall conduct a biennial survey that includes
  573  private informal conversations with a sample of residents and
  574  consultation with the ombudsman council in the planning and
  575  service area in which the facility is located to discuss the
  576  residents’ experiences within the facility.
  577         (7)An assisted living facility that has been cited within
  578  the previous 24-month period for a class I or class II
  579  violation, regardless of the status of any enforcement or
  580  disciplinary action, is subject to periodic unannounced
  581  monitoring to determine if the facility is in compliance with
  582  this part, part II of chapter 408 and applicable rules.
  583  Monitoring may occur through a desk review or an onsite
  584  assessment. If the class I or class II violation relates to
  585  providing or failing to provide nursing care, a registered nurse
  586  must participate in the monitoring visits during the 12-month
  587  period following the violation.
  588         Section 8. Paragraph (a) of subsection (2) of section
  589  429.08, Florida Statutes, is amended to read:
  590         429.08 Unlicensed facilities; referral of person for
  591  residency to unlicensed facility; penalties.—
  592         (2) It is unlawful to knowingly refer a person for
  593  residency to an unlicensed assisted living facility; to an
  594  assisted living facility the license of which is under denial or
  595  has been suspended or revoked; or to an assisted living facility
  596  that has a moratorium pursuant to part II of chapter 408.
  597         (a) Any health care practitioner, as defined in s. 456.001,
  598  or emergency medical technician or paramedic certified pursuant
  599  to part III or chapter 401, who is aware of the operation of an
  600  unlicensed facility shall report that facility to the agency.
  601  Failure to report a facility that the practitioner knows or has
  602  reasonable cause to suspect is unlicensed shall be reported to
  603  the practitioner’s licensing board.
  604         Section 9. Subsection (8) is added to section 429.11,
  605  Florida Statutes, to read:
  606         429.11 Initial application for license; provisional
  607  license.—
  608         (8) The agency shall develop an abbreviated form for
  609  submission of proof of financial ability to operate under s.
  610  408.810(8).
  611         Section 10. Section 429.12, Florida Statutes, is amended to
  612  read:
  613         429.12 Sale or transfer of ownership of a facility.—In
  614  order It is the intent of the Legislature to protect the rights
  615  of the residents of an assisted living facility when the
  616  facility is sold or the ownership thereof is transferred.
  617  Therefore, in addition to the requirements of part II of chapter
  618  408, whenever a facility is sold or the ownership thereof is
  619  transferred, including leasing,:
  620         (1) the transferee shall notify the residents, in writing,
  621  of the change of ownership within 7 days after receipt of the
  622  new license.
  623         (2) The transferor of a facility the license of which is
  624  denied pending an administrative hearing shall, as a part of the
  625  written change-of-ownership contract, advise the transferee that
  626  a plan of correction must be submitted by the transferee and
  627  approved by the agency at least 7 days before the change of
  628  ownership and that failure to correct the condition which
  629  resulted in the moratorium pursuant to part II of chapter 408 or
  630  denial of licensure is grounds for denial of the transferee’s
  631  license.
  632         Section 11. Section 429.14, Florida Statutes, is amended to
  633  read:
  634         429.14 Administrative penalties.—
  635         (1) In addition to the requirements of part II of chapter
  636  408, the agency may deny, revoke, and suspend any license issued
  637  under this part and impose an administrative fine in the manner
  638  provided in chapter 120 against a licensee for a violation of
  639  any provision of this part, part II of chapter 408, or
  640  applicable rules, or for any of the following actions by a
  641  licensee, for the actions of any person subject to level 2
  642  background screening under s. 408.809, or for the actions of any
  643  facility employee:
  644         (a) An intentional or negligent act seriously affecting the
  645  health, safety, or welfare of a resident of the facility.
  646         (b) The determination by the agency that the owner lacks
  647  the financial ability to provide continuing adequate care to
  648  residents.
  649         (c) Misappropriation or conversion of the property of a
  650  resident of the facility.
  651         (d) Failure to follow the criteria and procedures provided
  652  under part I of chapter 394 relating to the transportation,
  653  voluntary admission, and involuntary examination of a facility
  654  resident.
  655         (d)(e) A citation of any of the following violations
  656  deficiencies as specified in s. 429.19:
  657         1. One or more cited class I violations deficiencies.
  658         2. Three or more cited class II violations deficiencies.
  659         3. Five or more cited class III violations deficiencies
  660  that have been cited on a single survey and have not been
  661  corrected within the times specified.
  662         (e)(f) Failure to comply with the background screening
  663  standards of this part, s. 408.809(1), or chapter 435.
  664         (f)(g) Violation of a moratorium.
  665         (g)(h) Failure of the license applicant, the licensee
  666  during relicensure, or a licensee that holds a provisional
  667  license to meet the minimum license requirements of this part,
  668  or related rules, at the time of license application or renewal.
  669         (h)(i) An intentional or negligent life-threatening act in
  670  violation of the uniform firesafety standards for assisted
  671  living facilities or other firesafety standards that threatens
  672  the health, safety, or welfare of a resident of a facility, as
  673  communicated to the agency by the local authority having
  674  jurisdiction or the State Fire Marshal.
  675         (i)(j) Knowingly operating any unlicensed facility or
  676  providing without a license any service that must be licensed
  677  under this chapter or chapter 400.
  678         (j)(k) Any act constituting a ground upon which application
  679  for a license may be denied.
  680         (2) Upon notification by the local authority having
  681  jurisdiction or by the State Fire Marshal, the agency may deny
  682  or revoke the license of a licensee of an assisted living
  683  facility that fails to correct cited fire code violations that
  684  affect or threaten the health, safety, or welfare of a resident
  685  of a facility.
  686         (3) The agency may deny a license to any applicant or
  687  controlling interest as defined in part II of chapter 408 which
  688  has or had a 25-percent or greater financial or ownership
  689  interest in any other facility licensed under this part, or in
  690  any entity licensed by this state or another state to provide
  691  health or residential care, which facility or entity during the
  692  5 years prior to the application for a license closed due to
  693  financial inability to operate; had a receiver appointed or a
  694  license denied, suspended, or revoked; was subject to a
  695  moratorium; or had an injunctive proceeding initiated against
  696  it.
  697         (4) The agency shall deny or revoke the license of an
  698  assisted living facility that has two or more class I violations
  699  that are similar or identical to violations identified by the
  700  agency during a survey, inspection, monitoring visit, or
  701  complaint investigation occurring within the previous 2 years.
  702         (4)(5) An action taken by the agency to suspend, deny, or
  703  revoke a licensee’s facility’s license under this part or part
  704  II of chapter 408, in which the agency claims that the facility
  705  owner or a staff member an employee of the facility has
  706  threatened the health, safety, or welfare of a resident of the
  707  facility must be heard by the Division of Administrative
  708  Hearings of the Department of Management Services within 120
  709  days after receipt of the facility’s request for a hearing,
  710  unless that time limitation is waived by both parties. The
  711  administrative law judge must render a decision within 30 days
  712  after receipt of a proposed recommended order.
  713         (6) The agency shall provide to the Division of Hotels and
  714  Restaurants of the Department of Business and Professional
  715  Regulation, on a monthly basis, a list of those assisted living
  716  facilities that have had their licenses denied, suspended, or
  717  revoked or that are involved in an appellate proceeding pursuant
  718  to s. 120.60 related to the denial, suspension, or revocation of
  719  a license.
  720         (5)(7) Agency notification of a license suspension or
  721  revocation, or denial of a license renewal, shall be posted and
  722  visible to the public at the facility.
  723         Section 12. Subsections (1), (4), and (5) of section
  724  429.17, Florida Statutes, are amended to read:
  725         429.17 Expiration of license; renewal; conditional
  726  license.—
  727         (1) Limited nursing, Extended congregate care, and limited
  728  mental health licenses shall expire at the same time as the
  729  facility’s standard license, regardless of when issued.
  730         (4) In addition to the license categories available in s.
  731  408.808, a conditional license may be issued to an applicant for
  732  license renewal if the applicant fails to meet all standards and
  733  requirements for licensure. A conditional license issued under
  734  this subsection shall be limited in duration to a specific
  735  period of time not to exceed 6 months, as determined by the
  736  agency, and shall be accompanied by an agency-approved plan of
  737  correction.
  738         (5) When an extended congregate care or limited nursing
  739  license is requested during a facility’s biennial license
  740  period, the fee shall be prorated in order to permit the
  741  additional license to expire at the end of the biennial license
  742  period. The fee shall be calculated as of the date the
  743  additional license application is received by the agency.
  744         Section 13. Subsections (1), (6), (7), and (8) of section
  745  429.178, Florida Statutes, are amended to read:
  746         429.178 Special care for persons with Alzheimer’s disease
  747  or other related disorders.—
  748         (1) A facility that which advertises that it provides
  749  special care for persons with Alzheimer’s disease or other
  750  related disorders must meet the following standards of
  751  operation:
  752         (a)1. If the facility has 17 or more residents, Have an
  753  awake staff member on duty at all hours of the day and night for
  754  each secured unit of the facility that houses any residents who
  755  have Alzheimer’s disease or other related disorders.; or
  756         2. If the facility has fewer than 17 residents, have an
  757  awake staff member on duty at all hours of the day and night or
  758  have mechanisms in place to monitor and ensure the safety of the
  759  facility’s residents.
  760         (b) Offer activities specifically designed for persons who
  761  are cognitively impaired.
  762         (c) Have a physical environment that provides for the
  763  safety and welfare of the facility’s residents.
  764         (d) Employ staff who have completed the training and
  765  continuing education required in subsection (2).
  766  
  767  For the safety and protection of residents who have Alzheimer’s
  768  disease, related disorders, or dementia, a secured locked unit
  769  may be designated. The unit may consist of the entire building
  770  or a distinct part of the building. Exit doors shall be equipped
  771  with an operating alarm system that releases upon activation of
  772  the fire alarm. These units are exempt from specific life safety
  773  requirements to which assisted living residences are normally
  774  subject. A staff member must be awake and present in the secured
  775  unit at all times.
  776         (6) The department shall maintain and post on its website
  777  keep a current list of providers who are approved to provide
  778  initial and continuing education for staff and direct care staff
  779  members of facilities that provide special care for persons with
  780  Alzheimer’s disease or other related disorders.
  781         (7) Any facility more than 90 percent of whose residents
  782  receive monthly optional supplementation payments is not
  783  required to pay for the training and education programs required
  784  under this section. A facility that has one or more such
  785  residents shall pay a reduced fee that is proportional to the
  786  percentage of such residents in the facility. A facility that
  787  does not have any residents who receive monthly optional
  788  supplementation payments must pay a reasonable fee, as
  789  established by the department, for such training and education
  790  programs.
  791         (7)(8) The department shall adopt rules to establish
  792  standards for trainers and training and to implement this
  793  section.
  794         Section 14. Subsections (1), (2), (5), (7), (8), and (9) of
  795  section 429.19, Florida Statutes, are amended to read:
  796         429.19 Violations; imposition of administrative fines;
  797  grounds.—
  798         (1) In addition to the requirements of part II of chapter
  799  408, the agency shall impose an administrative fine in the
  800  manner provided in chapter 120 for the violation of any
  801  provision of this part, part II of chapter 408, and applicable
  802  rules by an assisted living facility, for the actions of any
  803  person subject to level 2 background screening under s. 408.809,
  804  for the actions of any facility employee, or for an intentional
  805  or negligent act seriously affecting the health, safety, or
  806  welfare of a resident of the facility.
  807         (2) Each violation of this part and adopted rules shall be
  808  classified according to the nature of the violation and the
  809  gravity of its probable effect on facility residents. The agency
  810  shall indicate the classification on the written notice of the
  811  violation as follows:
  812         (a) Class “I” violations are those conditions or
  813  occurrences related to the operation and maintenance of a
  814  facility or to the care of residents which the agency determines
  815  present an imminent danger to the residents or a substantial
  816  probability that death or serious physical or emotional harm
  817  would result. The condition or practice constituting a class I
  818  violation shall be abated or eliminated within 24 hours, unless
  819  a fixed period, as determined by the agency, is required for
  820  correction defined in s. 408.813. The agency shall impose an
  821  administrative fine for a cited class I violation in an amount
  822  not less than $5,000 and not exceeding $10,000 for each
  823  violation. A fine shall be levied notwithstanding the correction
  824  of the violation.
  825         (b) Class “II” violations are those conditions or
  826  occurrences related to the operation and maintenance of a
  827  facility or to the care of residents which the agency determines
  828  directly threaten the physical or emotional health, safety, or
  829  security of the residents, other than class I violations defined
  830  in s. 408.813. The agency shall impose an administrative fine
  831  for a cited class II violation in an amount not less than $1,000
  832  and not exceeding $5,000 for each violation. A fine shall be
  833  levied notwithstanding the correction of the violation.
  834         (c) Class “III” violations are those conditions or
  835  occurrences related to the operation and maintenance of a
  836  facility or to the care of residents which the agency determines
  837  indirectly or potentially threaten the physical or emotional
  838  health, safety, or security of residents, other than class I or
  839  class II violations defined in s. 408.813. The agency shall
  840  impose an administrative fine for a cited class III violation in
  841  an amount not less than $500 and not exceeding $1,000 for each
  842  violation. If a class III violation is corrected within the time
  843  specified, a fine may not be imposed.
  844         (d) Class “IV” violations are those conditions or
  845  occurrences related to the operation and maintenance of a
  846  facility or to required reports, forms, or documents that do not
  847  have the potential of negatively affecting residents. These
  848  violations are of a type that the agency determines do not
  849  threaten the health, safety, or security of residents defined in
  850  s. 408.813. The agency shall impose an administrative fine for a
  851  cited class IV violation in an amount not less than $100 and not
  852  exceeding $200 for each violation. A citation for a class IV
  853  violation must specify the time within which the violation is
  854  required to be corrected. If a class IV violation is corrected
  855  within the time specified, a fine may not be imposed.
  856         (5) Any action taken to correct a violation shall be
  857  documented in writing by the licensee owner or administrator of
  858  the facility and verified through followup visits by agency
  859  personnel or desk review. The agency may impose a fine and, in
  860  the case of an owner-operated facility, revoke or deny a
  861  licensee’s facility’s license when the agency has documented
  862  that a facility administrator has fraudulently misrepresented
  863  misrepresents action taken to correct a violation.
  864         (7) In addition to any administrative fines imposed, the
  865  agency may assess a survey fee, equal to the lesser of one half
  866  of the facility’s biennial license and bed fee or $500, to cover
  867  the cost of conducting initial complaint investigations that
  868  result in the finding of a violation that was the subject of the
  869  complaint or monitoring visits conducted under s. 429.28(3)(c)
  870  to verify the correction of the violations.
  871         (8) During an inspection, the agency shall make a
  872  reasonable attempt to discuss each violation with the owner or
  873  administrator of the facility, before giving prior to written
  874  notification.
  875         (9) The agency shall develop and disseminate an annual list
  876  of all facilities sanctioned or fined for violations of state
  877  standards, the number and class of violations involved, the
  878  penalties imposed, and the current status of cases. The list
  879  shall be disseminated, at no charge, to the Department of
  880  Elderly Affairs, the Department of Health, the Department of
  881  Children and Family Services, the Agency for Persons with
  882  Disabilities, the area agencies on aging, the Florida Statewide
  883  Advocacy Council, and the state and local ombudsman councils.
  884  The Department of Children and Family Services shall disseminate
  885  the list to service providers under contract to the department
  886  who are responsible for referring persons to a facility for
  887  residency. The agency may charge a fee commensurate with the
  888  cost of printing and postage to other interested parties
  889  requesting a copy of this list. This information may be provided
  890  electronically or through the agency’s Internet site.
  891         Section 15. Section 429.195, Florida Statutes, is amended
  892  to read:
  893         429.195 Rebates prohibited; penalties.—
  894         (1) It is unlawful for the licensee of any assisted living
  895  facility licensed under this part to contract or promise to pay
  896  or receive any commission, bonus, kickback, or rebate or engage
  897  in any split-fee arrangement in any form whatsoever with any
  898  health care provider or health care facility under s. 817.505
  899  physician, surgeon, organization, agency, or person, either
  900  directly or indirectly, for residents referred to an assisted
  901  living facility licensed under this part. A facility may employ
  902  or contract with persons to market the facility, provided the
  903  employee or contract provider clearly indicates that he or she
  904  represents the facility. A person or agency independent of the
  905  facility may provide placement or referral services for a fee to
  906  individuals seeking assistance in finding a suitable facility;
  907  however, any fee paid for placement or referral services must be
  908  paid by the individual looking for a facility, not by the
  909  facility. Any agreement to market, promote, or provide referral
  910  services shall be in compliance with s. 817.505 and federal law.
  911         (2) A violation of this section shall be considered patient
  912  brokering and is punishable as provided in s. 817.505.
  913         (3)This section does not apply to:
  914         (a)A referral service that provides information,
  915  consultation, or referrals to consumers to assist them in
  916  finding appropriate care or housing options for seniors or
  917  disabled adults if such referred consumers are not Medicaid
  918  recipients.
  919         (b) A resident of an assisted living facility who refers a
  920  friend, a family member, or other individual with whom the
  921  resident has a personal relationship to the assisted living
  922  facility, and does not prohibit the assisted living facility
  923  from providing a monetary reward to the resident for making such
  924  a referral.
  925         Section 16. Subsections (2) and (3) of section 429.20,
  926  Florida Statutes, are amended to read:
  927         429.20 Certain solicitation prohibited; third-party
  928  supplementation.—
  929         (2) Solicitation of contributions of any kind in a
  930  threatening, coercive, or unduly forceful manner by or on behalf
  931  of an assisted living facility or facilities by any agent,
  932  employee, owner, or representative of any assisted living
  933  facility or facilities is prohibited grounds for denial,
  934  suspension, or revocation of the license of the assisted living
  935  facility or facilities by or on behalf of which such
  936  contributions were solicited.
  937         (3) The admission or maintenance of assisted living
  938  facility residents whose care is supported, in whole or in part,
  939  by state funds may not be conditioned upon the receipt of any
  940  manner of contribution or donation from any person. The
  941  solicitation or receipt of contributions in violation of this
  942  subsection is grounds for denial, suspension, or revocation of
  943  license, as provided in s. 429.14, for any assisted living
  944  facility by or on behalf of which such contributions were
  945  solicited.
  946         Section 17. Section 429.23, Florida Statutes, is amended to
  947  read:
  948         429.23 Internal risk management and quality assurance
  949  program; adverse incidents and reporting requirements.—
  950         (1) Every licensed facility licensed under this part may,
  951  as part of its administrative functions, voluntarily establish a
  952  risk management and quality assurance program, the purpose of
  953  which is to assess resident care practices, facility incident
  954  reports, violations deficiencies cited by the agency, adverse
  955  incident reports, and resident grievances and develop plans of
  956  action to correct and respond quickly to identify quality
  957  differences.
  958         (2) Every licensed facility licensed under this part is
  959  required to maintain adverse incident reports. For purposes of
  960  this section, the term, “adverse incident” means:
  961         (a) An event over which facility staff personnel could
  962  exercise control rather than as a result of the resident’s
  963  condition and results in:
  964         1. Death;
  965         2. Brain or spinal damage;
  966         3. Permanent disfigurement;
  967         4. Fracture or dislocation of bones or joints;
  968         5. Any condition that required medical attention to which
  969  the resident has not given his or her consent, excluding
  970  proceedings governed by part I of chapter 394, but including
  971  failure to honor advanced directives;
  972         6. Any condition that requires the transfer of the resident
  973  from the facility to a unit providing more acute care due to the
  974  incident rather than the resident’s condition before the
  975  incident; or
  976         7. An event that is reported to law enforcement or its
  977  personnel for investigation; or
  978         (b) Resident elopement, if the elopement places the
  979  resident at risk of harm or injury.
  980         (3) Licensed facilities shall provide within 1 business day
  981  after the occurrence of an adverse incident, by electronic mail,
  982  facsimile, or United States mail, a preliminary report to the
  983  agency on all adverse incidents specified under this section.
  984  The report must include information regarding the identity of
  985  the affected resident, the type of adverse incident, and the
  986  status of the facility’s investigation of the incident.
  987         (3)(4) Licensed facilities shall provide within 15 business
  988  days after the occurrence of an adverse incident, by electronic
  989  mail, facsimile, or United States mail, a full report to the
  990  agency on the all adverse incident, including information
  991  regarding the identity of the affected resident, the type of
  992  adverse incident, and incidents specified in this section. The
  993  report must include the results of the facility’s investigation
  994  into the adverse incident.
  995         (5) Each facility shall report monthly to the agency any
  996  liability claim filed against it. The report must include the
  997  name of the resident, the dates of the incident leading to the
  998  claim, if applicable, and the type of injury or violation of
  999  rights alleged to have occurred. This report is not discoverable
 1000  in any civil or administrative action, except in such actions
 1001  brought by the agency to enforce the provisions of this part.
 1002         (4)(6) Abuse, neglect, or exploitation must be reported to
 1003  the Department of Children and Family Services as required under
 1004  chapter 415.
 1005         (5)(7) The information reported to the agency pursuant to
 1006  subsection (3) which relates to persons licensed under chapter
 1007  458, chapter 459, chapter 461, chapter 464, or chapter 465 must
 1008  shall be reviewed by the agency. The agency shall determine
 1009  whether any of the incidents potentially involved conduct by a
 1010  health care professional who is subject to disciplinary action,
 1011  in which case the provisions of s. 456.073 apply. The agency may
 1012  investigate, as it deems appropriate, any such incident and
 1013  prescribe measures that must or may be taken in response to the
 1014  incident. The agency shall review each incident and determine
 1015  whether it potentially involved conduct by a health care
 1016  professional who is subject to disciplinary action, in which
 1017  case the provisions of s. 456.073 apply.
 1018         (6)(8) If the agency, through its receipt of the adverse
 1019  incident reports prescribed in this part or through any
 1020  investigation, has reasonable belief that conduct by a staff
 1021  member or employee of a licensed facility is grounds for
 1022  disciplinary action by the appropriate board, the agency shall
 1023  report this fact to such regulatory board.
 1024         (7)(9) The adverse incident report reports and preliminary
 1025  adverse incident reports required under this section is are
 1026  confidential as provided by law and is are not discoverable or
 1027  admissible in any civil or administrative action, except in
 1028  disciplinary proceedings by the agency or appropriate regulatory
 1029  board.
 1030         (8)(10) The Department of Elderly Affairs may adopt rules
 1031  necessary to administer this section.
 1032         Section 18. Subsections (1) and (2) of section 429.255,
 1033  Florida Statutes, are amended to read:
 1034         429.255 Use of personnel; emergency care.—
 1035         (1)(a) Persons under contract to the facility or, facility
 1036  staff, or volunteers, who are licensed according to part I of
 1037  chapter 464, or those persons exempt under s. 464.022(1), and
 1038  others as defined by rule, may administer medications to
 1039  residents, take residents’ vital signs, manage individual weekly
 1040  pill organizers for residents who self-administer medication,
 1041  give prepackaged enemas ordered by a physician, observe
 1042  residents, document observations on the appropriate resident’s
 1043  record, report observations to the resident’s physician, and
 1044  contract or allow residents or a resident’s representative,
 1045  designee, surrogate, guardian, or attorney in fact to contract
 1046  with a third party, provided residents meet the criteria for
 1047  appropriate placement as defined in s. 429.26. Nursing
 1048  assistants certified pursuant to part II of chapter 464 may take
 1049  residents’ vital signs as directed by a licensed nurse or
 1050  physician. A person under contract to the facility or facility
 1051  staff who are licensed under part I of chapter 464 may provide
 1052  limited nursing services.
 1053         (b) All staff in facilities licensed under this part shall
 1054  exercise their professional responsibility to observe residents,
 1055  to document observations on the appropriate resident’s record,
 1056  and to report the observations to the administrator or the
 1057  administrator’s designee resident’s physician. However, The
 1058  owner or administrator of the facility shall be responsible for
 1059  determining that the resident receiving services is appropriate
 1060  for residence in the assisted living facility.
 1061         (c) In an emergency situation, licensed personnel may carry
 1062  out their professional duties pursuant to part I of chapter 464
 1063  until emergency medical personnel assume responsibility for
 1064  care.
 1065         (2) In facilities licensed to provide extended congregate
 1066  care, persons under contract to the facility or, facility staff,
 1067  or volunteers, who are licensed according to part I of chapter
 1068  464, or those persons exempt under s. 464.022(1), or those
 1069  persons certified as nursing assistants pursuant to part II of
 1070  chapter 464, may also perform all duties within the scope of
 1071  their license or certification, as approved by the facility
 1072  administrator and pursuant to this part.
 1073         Section 19. Subsections (2), (3), and (4) of section
 1074  429.256, Florida Statutes, are amended to read:
 1075         429.256 Assistance with self-administration of medication.—
 1076         (2) Residents who are capable of self-administering their
 1077  own medications without assistance shall be encouraged and
 1078  allowed to do so. However, an unlicensed person may, consistent
 1079  with a dispensed prescription’s label or the package directions
 1080  of an over-the-counter medication, assist a resident whose
 1081  condition is medically stable with the self-administration of
 1082  routine, regularly scheduled medications that are intended to be
 1083  self-administered. Assistance with self-medication by an
 1084  unlicensed person may occur only upon a documented request by,
 1085  and the written informed consent of, a resident or the
 1086  resident’s surrogate, guardian, or attorney in fact. To minimize
 1087  the potential risk for improper dosage administration of
 1088  prescription drugs, a facility may require standard medication
 1089  dispensing systems for residents’ prescriptions, as specified by
 1090  rule. For the purposes of this section, self-administered
 1091  medications include both legend and over-the-counter oral dosage
 1092  forms, topical dosage forms and topical ophthalmic, otic, and
 1093  nasal dosage forms including solutions, suspensions, sprays, and
 1094  inhalers, and continuous positive airway pressure machines.
 1095         (3) Assistance with self-administration of medication
 1096  includes:
 1097         (a) Taking the medication, in its previously dispensed,
 1098  properly labeled container, from where it is stored, and
 1099  bringing it to the resident.
 1100         (b) In the presence of the resident, reading the label,
 1101  opening the container, removing a prescribed amount of
 1102  medication from the container, and closing the container.
 1103         (c) Placing an oral dosage in the resident’s hand or
 1104  placing the dosage in another container and helping the resident
 1105  by lifting the container to his or her mouth.
 1106         (d) Applying topical medications.
 1107         (e) Returning the medication container to proper storage.
 1108         (f) Keeping a record of when a resident receives assistance
 1109  with self-administration under this section.
 1110         (g)Assisting a resident in holding a nebulizer.
 1111         (h)Using a glucometer to perform blood glucose checks.
 1112         (i)Assisting with the putting on and taking off anti
 1113  embolism stockings.
 1114         (j)Assisting with applying and removing an oxygen cannula.
 1115         (4) Assistance with self-administration does not include:
 1116         (a) Mixing, compounding, converting, or calculating
 1117  medication doses, except for measuring a prescribed amount of
 1118  liquid medication or breaking a scored tablet or crushing a
 1119  tablet as prescribed.
 1120         (b) The preparation of syringes for injection or the
 1121  administration of medications by any injectable route.
 1122         (c) Administration of medications through intermittent
 1123  positive pressure breathing machines or a nebulizer.
 1124         (c)(d) Administration of medications by way of a tube
 1125  inserted in a cavity of the body.
 1126         (d)(e) Administration of parenteral preparations.
 1127         (e)(f) Irrigations or debriding agents used in the
 1128  treatment of a skin condition.
 1129         (f)(g) Rectal, urethral, or vaginal preparations.
 1130         (g)(h) Medications ordered by the physician or health care
 1131  professional with prescriptive authority to be given “as
 1132  needed,” unless the order is written with specific parameters
 1133  that preclude independent judgment on the part of the unlicensed
 1134  person, and at the request of a competent resident.
 1135         (h)(i) Medications for which the time of administration,
 1136  the amount, the strength of dosage, the method of
 1137  administration, or the reason for administration requires
 1138  judgment or discretion on the part of the unlicensed person.
 1139         Section 20. Subsections (3), (7), (8), (9), (10), and (11)
 1140  of section 429.26, Florida Statutes, are amended to read:
 1141         429.26 Appropriateness of placements; examinations of
 1142  residents.—
 1143         (3) Persons licensed under part I of chapter 464 who are
 1144  employed by or under contract with a facility shall, on a
 1145  routine basis or at least monthly, perform a nursing assessment
 1146  of the residents for whom they are providing nursing services
 1147  ordered by a physician, except administration of medication, and
 1148  shall document such assessment, including any significant change
 1149  substantial changes in a resident’s status which may necessitate
 1150  relocation to a nursing home, hospital, or specialized health
 1151  care facility. Such records shall be maintained in the facility
 1152  for inspection by the agency and shall be forwarded to the
 1153  resident’s case manager, if applicable.
 1154         (7) The facility must notify a licensed physician when a
 1155  resident exhibits signs of dementia or cognitive impairment or
 1156  has a change of condition in order to rule out the presence of
 1157  an underlying physiological condition that may be contributing
 1158  to such dementia or impairment. The notification must occur
 1159  within 30 days after the acknowledgment of such signs by
 1160  facility staff. If an underlying condition is determined to
 1161  exist, the facility shall arrange, with the appropriate health
 1162  care provider, the necessary care and services to treat the
 1163  condition.
 1164         (7)(8) The Department of Children and Family Services may
 1165  require an examination for supplemental security income and
 1166  optional state supplementation recipients residing in facilities
 1167  at any time and shall provide the examination whenever a
 1168  resident’s condition requires it. Any facility administrator;
 1169  personnel of the agency, the department, or the Department of
 1170  Children and Family Services; or long-term care ombudsman
 1171  council member who believes a resident needs to be evaluated
 1172  shall notify the resident’s case manager, who shall take
 1173  appropriate action. A report of the examination findings shall
 1174  be provided to the resident’s case manager and the facility
 1175  administrator to help the administrator meet his or her
 1176  responsibilities under subsection (1).
 1177         (8)(9) A terminally ill resident who no longer meets the
 1178  criteria for continued residency may remain in the facility if
 1179  the arrangement is mutually agreeable to the resident and the
 1180  administrator, facility; additional care is rendered through a
 1181  licensed hospice, and the resident is under the care of a
 1182  physician who agrees that the physical needs of the resident are
 1183  being met.
 1184         (9)(10) Facilities licensed to provide extended congregate
 1185  care services shall promote aging in place by determining
 1186  appropriateness of continued residency based on a comprehensive
 1187  review of the resident’s physical and functional status; the
 1188  ability of the facility, family members, friends, or any other
 1189  pertinent individuals or agencies to provide the care and
 1190  services required; and documentation that a written service plan
 1191  consistent with facility policy has been developed and
 1192  implemented to ensure that the resident’s needs and preferences
 1193  are addressed.
 1194         (10)(11)A No resident who requires 24-hour nursing
 1195  supervision, except for a resident who is an enrolled hospice
 1196  patient pursuant to part IV of chapter 400, may not shall be
 1197  retained in a licensed facility licensed under this part.
 1198         Section 21. Section 429.27, Florida Statutes, is amended to
 1199  read:
 1200         429.27 Property and personal affairs of residents.—
 1201         (1)(a) A resident shall be given the option of using his or
 1202  her own belongings, as space permits; choosing his or her
 1203  roommate; and, whenever possible, unless the resident is
 1204  adjudicated incompetent or incapacitated under state law,
 1205  managing his or her own affairs.
 1206         (b) The admission of a resident to a facility and his or
 1207  her presence therein does shall not give confer on the facility
 1208  or its licensee, owner, administrator, employees, or
 1209  representatives any authority to manage, use, or dispose of any
 1210  property of the resident; nor shall such admission or presence
 1211  give confer on any of such persons any authority or
 1212  responsibility for the personal affairs of the resident, except
 1213  that which may be necessary for the safe management of the
 1214  facility or for the safety of the resident.
 1215         (2) The licensee, A facility, or an owner, administrator,
 1216  employee of an assisted living facility, or representative
 1217  thereof, may not act as the guardian, trustee, or conservator
 1218  for any resident of the assisted living facility or any of such
 1219  resident’s property. A licensee, An owner, administrator, or
 1220  staff member, or representative thereof, may not act as a
 1221  competent resident’s payee for social security, veteran’s, or
 1222  railroad benefits without the consent of the resident. Any
 1223  facility whose licensee, owner, administrator, or staff, or
 1224  representative thereof, serves as representative payee for any
 1225  resident of the facility shall file a surety bond with the
 1226  agency in an amount equal to twice the average monthly aggregate
 1227  income or personal funds due to residents, or expendable for
 1228  their account, which are received by a facility. Any facility
 1229  whose licensee, owner, administrator, or staff, or a
 1230  representative thereof, is granted power of attorney for any
 1231  resident of the facility shall file a surety bond with the
 1232  agency for each resident for whom such power of attorney is
 1233  granted. The surety bond shall be in an amount equal to twice
 1234  the average monthly income of the resident, plus the value of
 1235  any resident’s property under the control of the attorney in
 1236  fact. The bond shall be executed by the facility’s licensee,
 1237  owner, administrator, or staff, or a representative thereof,
 1238  facility as principal and a licensed surety company. The bond
 1239  shall be conditioned upon the faithful compliance of the
 1240  licensee, owner, administrator, or staff, or a representative
 1241  thereof, of the facility with this section and shall run to the
 1242  agency for the benefit of any resident who suffers a financial
 1243  loss as a result of the misuse or misappropriation by a
 1244  licensee, owner, administrator, or staff, or representative
 1245  thereof, of the facility of funds held pursuant to this
 1246  subsection. Any surety company that cancels or does not renew
 1247  the bond of any licensee shall notify the agency in writing not
 1248  less than 30 days in advance of such action, giving the reason
 1249  for the cancellation or nonrenewal. Any facility’s licensee,
 1250  facility owner, administrator, or staff, or representative
 1251  thereof, who is granted power of attorney for any resident of
 1252  the facility shall, on a monthly basis, be required to provide
 1253  the resident a written statement of any transaction made on
 1254  behalf of the resident pursuant to this subsection, and a copy
 1255  of such statement given to the resident shall be retained in
 1256  each resident’s file and available for agency inspection.
 1257         (3) A facility administrator, upon mutual consent with the
 1258  resident, shall provide for the safekeeping in the facility of
 1259  personal effects, including funds, not in excess of $500 and
 1260  funds of the resident not in excess of $200 cash, and shall keep
 1261  complete and accurate records of all such funds and personal
 1262  effects received. If a resident is absent from a facility for 24
 1263  hours or more, the facility may provide for the safekeeping of
 1264  the resident’s personal effects, including funds, in excess of
 1265  $500.
 1266         (4) Any funds or other property belonging to or due to a
 1267  resident, or expendable for his or her account, which is
 1268  received by the administrator a facility shall be trust funds
 1269  which shall be kept separate from the funds and property of the
 1270  facility and other residents or shall be specifically credited
 1271  to such resident. Such trust funds shall be used or otherwise
 1272  expended only for the account of the resident. Upon written
 1273  request, at least once every 3 months, unless upon order of a
 1274  court of competent jurisdiction, the administrator facility
 1275  shall furnish the resident and his or her guardian, trustee, or
 1276  conservator, if any, a complete and verified statement of all
 1277  funds and other property to which this subsection applies,
 1278  detailing the amount and items received, together with their
 1279  sources and disposition. In any event, the administrator
 1280  facility shall furnish such statement annually and upon the
 1281  discharge or transfer of a resident. Any governmental agency or
 1282  private charitable agency contributing funds or other property
 1283  to the account of a resident shall also be entitled to receive
 1284  such statement annually and upon the discharge or transfer of
 1285  the resident.
 1286         (5) Any personal funds available to facility residents may
 1287  be used by residents as they choose to obtain clothing, personal
 1288  items, leisure activities, and other supplies and services for
 1289  their personal use. An administrator A facility may not demand,
 1290  require, or contract for payment of all or any part of the
 1291  personal funds in satisfaction of the facility rate for supplies
 1292  and services beyond that amount agreed to in writing and may not
 1293  levy an additional charge to the individual or the account for
 1294  any supplies or services that the facility has agreed by
 1295  contract to provide as part of the standard monthly rate. Any
 1296  service or supplies provided by the facility which are charged
 1297  separately to the individual or the account may be provided only
 1298  with the specific written consent of the individual, who shall
 1299  be furnished in advance of the provision of the services or
 1300  supplies with an itemized written statement to be attached to
 1301  the contract setting forth the charges for the services or
 1302  supplies.
 1303         (6)(a) In addition to any damages or civil penalties to
 1304  which a person is subject, any person who:
 1305         1. Intentionally withholds a resident’s personal funds,
 1306  personal property, or personal needs allowance, or who demands,
 1307  beneficially receives, or contracts for payment of all or any
 1308  part of a resident’s personal property or personal needs
 1309  allowance in satisfaction of the facility rate for supplies and
 1310  services; or
 1311         2. Borrows from or pledges any personal funds of a
 1312  resident, other than the amount agreed to by written contract
 1313  under s. 429.24,
 1314  
 1315  commits a misdemeanor of the first degree, punishable as
 1316  provided in s. 775.082 or s. 775.083.
 1317         (b) Any licensee, facility owner, administrator, or staff,
 1318  or representative thereof, who is granted power of attorney for
 1319  any resident of the facility and who misuses or misappropriates
 1320  funds obtained through this power commits a felony of the third
 1321  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1322  775.084.
 1323         (7) In the event of the death of a resident, a licensee
 1324  shall return all refunds, funds, and property held in trust to
 1325  the resident’s personal representative, if one has been
 1326  appointed at the time the facility disburses such funds, and, if
 1327  not, to the resident’s spouse or adult next of kin named in a
 1328  beneficiary designation form provided by the licensee facility
 1329  to the resident. If the resident has no spouse or adult next of
 1330  kin or such person cannot be located, funds due the resident
 1331  shall be placed in an interest-bearing account, and all property
 1332  held in trust by the licensee facility shall be safeguarded
 1333  until such time as the funds and property are disbursed pursuant
 1334  to the Florida Probate Code. Such funds shall be kept separate
 1335  from the funds and property of the facility and other residents
 1336  of the facility. If the funds of the deceased resident are not
 1337  disbursed pursuant to the Florida Probate Code within 2 years
 1338  after the resident’s death, the funds shall be deposited in the
 1339  Health Care Trust Fund administered by the agency.
 1340         (8) The department may by rule clarify terms and specify
 1341  procedures and documentation necessary to administer the
 1342  provisions of this section relating to the proper management of
 1343  residents’ funds and personal property and the execution of
 1344  surety bonds.
 1345         Section 22. Subsection (4) of section 429.275, Florida
 1346  Statutes, is repealed.
 1347         Section 23. Paragraph (k) of subsection (1) and subsections
 1348  (3), (4), (5), (6), and (7) of section 429.28, Florida Statutes,
 1349  are amended to read:
 1350         429.28 Resident bill of rights.—
 1351         (1) A No resident of a facility may not shall be deprived
 1352  of any civil or legal rights, benefits, or privileges guaranteed
 1353  by law, the Constitution of the State of Florida, or the
 1354  Constitution of the United States as a resident of a facility.
 1355  Every resident of a facility shall have the right to:
 1356         (k) At least 30 45 days’ notice of relocation or
 1357  termination of residency from the facility unless, for medical
 1358  reasons, the resident is certified by a physician to require an
 1359  emergency relocation to a facility providing a more skilled
 1360  level of care or the resident engages in a pattern of conduct
 1361  that is harmful or offensive to other residents. In the case of
 1362  a resident who has been adjudicated mentally incapacitated, the
 1363  guardian shall be given at least 30 45 days’ notice of a
 1364  nonemergency relocation or residency termination. Reasons for
 1365  relocation shall be set forth in writing. In order for a
 1366  facility to terminate the residency of an individual without
 1367  notice as provided herein, the facility shall show good cause in
 1368  a court of competent jurisdiction.
 1369         (3)(a) The agency shall conduct a survey to determine
 1370  general compliance with facility standards and compliance with
 1371  residents’ rights as a prerequisite to initial licensure or
 1372  licensure renewal.
 1373         (b) In order to determine whether the facility is
 1374  adequately protecting residents’ rights, the biennial survey
 1375  shall include private informal conversations with a sample of
 1376  residents and consultation with the ombudsman council in the
 1377  planning and service area in which the facility is located to
 1378  discuss residents’ experiences within the facility.
 1379         (c) During any calendar year in which no survey is
 1380  conducted, the agency shall conduct at least one monitoring
 1381  visit of each facility cited in the previous year for a class I
 1382  or class II violation, or more than three uncorrected class III
 1383  violations.
 1384         (d) The agency may conduct periodic followup inspections as
 1385  necessary to monitor the compliance of facilities with a history
 1386  of any class I, class II, or class III violations that threaten
 1387  the health, safety, or security of residents.
 1388         (e) The agency may conduct complaint investigations as
 1389  warranted to investigate any allegations of noncompliance with
 1390  requirements required under this part or rules adopted under
 1391  this part.
 1392         (3)(4) The administrator shall ensure that facility shall
 1393  not hamper or prevent residents may exercise from exercising
 1394  their rights as specified in this section.
 1395         (4)(5)A staff member No facility or employee of a facility
 1396  may not serve notice upon a resident to leave the premises or
 1397  take any other retaliatory action against any person who:
 1398         (a) Exercises any right set forth in this section.
 1399         (b) Appears as a witness in any hearing, inside or outside
 1400  the facility.
 1401         (c) Files a civil action alleging a violation of the
 1402  provisions of this part or notifies a state attorney or the
 1403  Attorney General of a possible violation of such provisions.
 1404         (5)(6)An administrator may not terminate Any facility
 1405  which terminates the residency of an individual who participated
 1406  in activities specified in subsection (4)(5) shall show good
 1407  cause in a court of competent jurisdiction.
 1408         (6)(7) Any person who submits or reports a complaint
 1409  concerning a suspected violation of the provisions of this part
 1410  or concerning services and conditions in facilities, or who
 1411  testifies in any administrative or judicial proceeding arising
 1412  from such a complaint, shall have immunity from any civil or
 1413  criminal liability therefor, unless such person has acted in bad
 1414  faith or with malicious purpose or the court finds that there
 1415  was a complete absence of a justiciable issue of either law or
 1416  fact raised by the losing party.
 1417         Section 24. Section 429.29, Florida Statutes, is amended to
 1418  read:
 1419         429.29 Civil actions to enforce rights.—
 1420         (1) A Any person or resident whose who alleges negligence
 1421  or a violation of rights as specified in this part has are
 1422  violated shall have a cause of action against the licensee or
 1423  its management company, as identified in the state application
 1424  for assisted living facility licensure. However, the cause of
 1425  action may not be asserted individually against an officer,
 1426  director, owner, including an owner designated as having a
 1427  controlling interest on the state application for assisted
 1428  living facility licensure, or agent of a licensee or management
 1429  company unless, following an evidentiary hearing, the court
 1430  determines there is sufficient evidence in the record or
 1431  proffered by the claimant which establishes a reasonable basis
 1432  for finding that the person or entity breached, failed to
 1433  perform, or acted outside the scope of duties as an officer,
 1434  director, owner, or agent, and that the breach, failure to
 1435  perform, or action outside the scope of duties is a legal cause
 1436  of actual loss, injury, death, or damage to the resident.
 1437         (2) The action may be brought by the resident or his or her
 1438  guardian, or by a person or organization acting on behalf of a
 1439  resident with the consent of the resident or his or her
 1440  guardian, or by the personal representative of the estate of a
 1441  deceased resident regardless of the cause of death.
 1442         (3) If the action alleges a claim for the resident’s rights
 1443  or for negligence that:
 1444         (a) Caused the death of the resident, the claimant shall be
 1445  required to elect either survival damages pursuant to s. 46.021
 1446  or wrongful death damages pursuant to s. 768.21. If the claimant
 1447  elects wrongful death damages, total noneconomic damages may not
 1448  exceed $250,000, regardless of the number of claimants.
 1449         (b)If the action alleges a claim for the resident’s rights
 1450  or for negligence that Did not cause the death of the resident,
 1451  the personal representative of the estate may recover damages
 1452  for the negligence that caused injury to the resident.
 1453         (4) The action may be brought in any court of competent
 1454  jurisdiction to enforce such rights and to recover actual
 1455  damages, and punitive damages for violation of the rights of a
 1456  resident or negligence.
 1457         (5) Any resident who prevails in seeking injunctive relief
 1458  or a claim for an administrative remedy is entitled to recover
 1459  the costs of the action and a reasonable attorney’s fee assessed
 1460  against the defendant not to exceed $25,000. Fees shall be
 1461  awarded solely for the injunctive or administrative relief and
 1462  not for any claim or action for damages whether such claim or
 1463  action is brought together with a request for an injunction or
 1464  administrative relief or as a separate action, except as
 1465  provided under s. 768.79 or the Florida Rules of Civil
 1466  Procedure. Sections 429.29-429.298 provide the exclusive remedy
 1467  for a cause of action for recovery of damages for the personal
 1468  injury or death of a resident arising out of negligence or a
 1469  violation of rights specified in s. 429.28. This section does
 1470  not preclude theories of recovery not arising out of negligence
 1471  or s. 429.28 which are available to a resident or to the agency.
 1472  The provisions of chapter 766 do not apply to any cause of
 1473  action brought under ss. 429.29-429.298.
 1474         (6)(2)If the In any claim brought pursuant to this part
 1475  alleges alleging a violation of resident’s rights or negligence
 1476  causing injury to or the death of a resident, the claimant shall
 1477  have the burden of proving, by a preponderance of the evidence,
 1478  that:
 1479         (a) The defendant owed a duty to the resident;
 1480         (b) The defendant breached the duty to the resident;
 1481         (c) The breach of the duty is a legal cause of loss,
 1482  injury, death, or damage to the resident; and
 1483         (d) The resident sustained loss, injury, death, or damage
 1484  as a result of the breach.
 1485  
 1486  Nothing in This part does not shall be interpreted to create
 1487  strict liability. A violation of the rights set forth in s.
 1488  429.28 or in any other standard or guidelines specified in this
 1489  part or in any applicable administrative standard or guidelines
 1490  of this state or a federal regulatory agency shall be evidence
 1491  of negligence but shall not be considered negligence per se.
 1492         (7)(3) In any claim brought pursuant to this section, a
 1493  licensee, person, or entity has shall have a duty to exercise
 1494  reasonable care. Reasonable care is that degree of care which a
 1495  reasonably careful licensee, person, or entity would use under
 1496  like circumstances.
 1497         (8)(4) In any claim for resident’s rights violation or
 1498  negligence by a nurse licensed under part I of chapter 464, such
 1499  nurse has a shall have the duty to exercise care consistent with
 1500  the prevailing professional standard of care for a nurse. The
 1501  prevailing professional standard of care for a nurse is shall be
 1502  that level of care, skill, and treatment which, in light of all
 1503  relevant surrounding circumstances, is recognized as acceptable
 1504  and appropriate by reasonably prudent similar nurses.
 1505         (9)(5) Discovery of financial information for the purpose
 1506  of determining the value of punitive damages may not be had
 1507  unless the plaintiff shows the court by proffer or evidence in
 1508  the record that a reasonable basis exists to support a claim for
 1509  punitive damages.
 1510         (10)(6) In addition to any other standards for punitive
 1511  damages, any award of punitive damages must be reasonable in
 1512  light of the actual harm suffered by the resident and the
 1513  egregiousness of the conduct that caused the actual harm to the
 1514  resident.
 1515         (11)(7) The resident or the resident’s legal representative
 1516  shall serve a copy of any complaint alleging in whole or in part
 1517  a violation of any rights specified in this part to the agency
 1518  for Health Care Administration at the time of filing the initial
 1519  complaint with the clerk of the court for the county in which
 1520  the action is pursued. The requirement of Providing a copy of
 1521  the complaint to the agency does not impair the resident’s legal
 1522  rights or ability to seek relief for his or her claim.
 1523         Section 25. Subsections (4) and (7) of section 429.293,
 1524  Florida Statutes, are amended, subsection (11) is redesignated
 1525  as subsection (12), and a new subsection (11) is added to that
 1526  section, to read:
 1527         429.293 Presuit notice; investigation; notification of
 1528  violation of residents’ rights or alleged negligence; claims
 1529  evaluation procedure; informal discovery; review; settlement
 1530  offer; mediation.—
 1531         (4) The notification of a violation of a resident’s rights
 1532  or alleged negligence shall be served within the applicable
 1533  statute of limitations period; however, during the 75-day
 1534  period, the statute of limitations is tolled as to all
 1535  prospective defendants. Upon written stipulation by the parties,
 1536  the 75-day period may be extended and the statute of limitations
 1537  is tolled during any such extension. Upon receiving written
 1538  notice by certified mail, return receipt requested, of
 1539  termination of negotiations in an extended period, the claimant
 1540  shall have 30 60 days or the remainder of the period of the
 1541  statute of limitations, whichever is greater, within which to
 1542  file suit.
 1543         (7) Informal discovery may be used by a party to obtain
 1544  unsworn statements and the production of documents or things, as
 1545  follows:
 1546         (a) Unsworn statements.—Any party may require other parties
 1547  to appear for the taking of an unsworn statement. Such
 1548  statements may be used only for the purpose of claims evaluation
 1549  and are not discoverable or admissible in any civil action for
 1550  any purpose by any party. A party seeking to take the unsworn
 1551  statement of any party must give reasonable notice in writing to
 1552  all parties. The notice must state the time and place for taking
 1553  the statement and the name and address of the party to be
 1554  examined. Unless otherwise impractical, the examination of any
 1555  party must be done at the same time by all other parties. Any
 1556  party may be represented by counsel at the taking of an unsworn
 1557  statement. An unsworn statement may be recorded electronically,
 1558  stenographically, or on videotape. The taking of unsworn
 1559  statements is subject to the provisions of the Florida Rules of
 1560  Civil Procedure and may be terminated for abuses.
 1561         (b) Documents or things.—Any party may request discovery of
 1562  relevant documents or things relevant to evaluating the merits
 1563  of the claim. The documents or things must be produced, at the
 1564  expense of the requesting party, within 20 days after the date
 1565  of receipt of the request. A party is required to produce
 1566  relevant and discoverable documents or things within that
 1567  party’s possession or control, if in good faith it can
 1568  reasonably be done within the timeframe of the claims evaluation
 1569  process.
 1570         (11)An arbitration process as provided for in chapter 44
 1571  may be used to resolve a claim filed pursuant to this section.
 1572         (12)(11) Within 30 days after the claimant’s receipt of the
 1573  defendant’s response to the claim, the parties or their
 1574  designated representatives shall meet in mediation to discuss
 1575  the issues of liability and damages in accordance with the
 1576  mediation rules of practice and procedures adopted by the
 1577  Supreme Court. Upon written stipulation of the parties, this 30
 1578  day period may be extended and the statute of limitations is
 1579  tolled during the mediation and any such extension. At the
 1580  conclusion of mediation, the claimant shall have 60 days or the
 1581  remainder of the period of the statute of limitations, whichever
 1582  is greater, within which to file suit.
 1583         Section 26. Section 429.294, Florida Statutes, is amended
 1584  to read:
 1585         429.294 Availability of facility records for investigation
 1586  of resident’s rights violations and defenses; penalty.—
 1587         (1)Unless expressly prohibited by a legally competent
 1588  resident, an assisted living facility licensed under this part
 1589  shall furnish to the spouse, guardian, surrogate, proxy, or
 1590  attorney in fact, as provided in chapters 744 and 765, of a
 1591  current, within 7 working days after receipt of a written
 1592  request, or of a former resident, within 10 working days after
 1593  receipt of a written request, a copy of that resident’s records
 1594  that are in the possession of the facility. Such records must
 1595  include medical and psychiatric records and any records
 1596  concerning the care and treatment of the resident performed by
 1597  the facility, except progress notes and consultation report
 1598  sections of a psychiatric nature. Copies of such records are not
 1599  considered part of a deceased resident’s estate and may be made
 1600  available before the administration of an estate, upon request,
 1601  to the spouse, guardian, surrogate, proxy, or attorney in fact,
 1602  as provided in chapters 744 and 765. A facility may charge a
 1603  reasonable fee for the copying of a resident’s records. Such fee
 1604  shall not exceed $1 per page for the first 25 pages and 25 cents
 1605  per page for each additional page in excess of 25 pages. The
 1606  facility shall further allow any such spouse, guardian,
 1607  surrogate, proxy, or attorney in fact, as provided in chapters
 1608  744 and 765, to examine the original records in its possession,
 1609  or microfilms or other suitable reproductions of the records,
 1610  upon such reasonable terms as shall be imposed, to help ensure
 1611  that the records are not damaged, destroyed, or altered.
 1612         (2)A person may not obtain copies of a resident’s records
 1613  under this section more often than once per month, except that a
 1614  physician’s report in the a resident’s records may be obtained
 1615  as often as necessary to effectively monitor the resident’s
 1616  condition.
 1617         (3)(1) Failure to provide complete copies of a resident’s
 1618  records, including, but not limited to, all medical records and
 1619  the resident’s chart, within the control or possession of the
 1620  facility within 10 days, in accordance with the provisions of
 1621  this section s. 400.145, shall constitute evidence of failure of
 1622  that party to comply with good faith discovery requirements and
 1623  shall waive the good faith certificate and presuit notice
 1624  requirements under this part by the requesting party.
 1625         (4)(2)A licensee may not No facility shall be held liable
 1626  for any civil damages as a result of complying with this
 1627  section.
 1628         Section 27. Subsections (1), (2), and (3) of section
 1629  429.297, Florida Statutes, are amended to read:
 1630         429.297 Punitive damages; pleading; burden of proof.—
 1631         (1) In any action for damages brought under this part, a no
 1632  claim for punitive damages is not shall be permitted unless,
 1633  based on admissible there is a reasonable showing by evidence in
 1634  the record or proffered by the claimant, which would provide a
 1635  reasonable basis for recovery of such damages is demonstrated
 1636  upon applying the criteria set forth in this section. The
 1637  defendant may proffer admissible evidence to refute the
 1638  claimant’s proffer of evidence to recover punitive damages. The
 1639  trial judge shall conduct an evidentiary hearing and weigh the
 1640  admissible evidence proffered by the claimant and the defendant
 1641  to ensure that there is a reasonable basis to believe that the
 1642  claimant, at trial, will be able to demonstrate by clear and
 1643  convincing evidence that the recovery of such damages is
 1644  warranted. The claimant may move to amend her or his complaint
 1645  to assert a claim for punitive damages as allowed by the rules
 1646  of civil procedure. The rules of civil procedure shall be
 1647  liberally construed so as to allow the claimant discovery of
 1648  evidence which appears reasonably calculated to lead to
 1649  admissible evidence on the issue of punitive damages. No
 1650  Discovery of financial worth may not shall proceed until after
 1651  the trial judge approves the pleading on concerning punitive
 1652  damages is permitted.
 1653         (2) A defendant, including the licensee or management
 1654  company, against whom punitive damages is sought may be held
 1655  liable for punitive damages only if the trier of fact, based on
 1656  clear and convincing evidence, finds that a specific individual
 1657  or corporate defendant actively and knowingly participated in
 1658  intentional misconduct, or engaged in conduct that constituted
 1659  gross negligence, and that conduct contributed to the loss,
 1660  damages, or injury suffered by the claimant the defendant was
 1661  personally guilty of intentional misconduct or gross negligence.
 1662  As used in this section, the term:
 1663         (a) “Intentional misconduct” means that the defendant
 1664  against whom a claim for punitive damages is sought had actual
 1665  knowledge of the wrongfulness of the conduct and the high
 1666  probability that injury or damage to the claimant would result
 1667  and, despite that knowledge, intentionally pursued that course
 1668  of conduct, resulting in injury or damage.
 1669         (b) “Gross negligence” means that the defendant’s conduct
 1670  was so reckless or wanting in care that it constituted a
 1671  conscious disregard or indifference to the life, safety, or
 1672  rights of persons exposed to such conduct.
 1673         (3) In the case of vicarious liability of an employer,
 1674  principal, corporation, or other legal entity, punitive damages
 1675  may not be imposed for the conduct of an identified employee or
 1676  agent unless only if the conduct of the employee or agent meets
 1677  the criteria specified in subsection (2) and officers,
 1678  directors, or managers of the actual employer corporation or
 1679  legal entity condoned, ratified, or consented to the specific
 1680  conduct as alleged by the claimant in subsection (2).:
 1681         (a) The employer, principal, corporation, or other legal
 1682  entity actively and knowingly participated in such conduct;
 1683         (b) The officers, directors, or managers of the employer,
 1684  principal, corporation, or other legal entity condoned,
 1685  ratified, or consented to such conduct; or
 1686         (c) The employer, principal, corporation, or other legal
 1687  entity engaged in conduct that constituted gross negligence and
 1688  that contributed to the loss, damages, or injury suffered by the
 1689  claimant.
 1690         Section 28. Subsections (1) and (4) of section 429.298,
 1691  Florida Statutes, are amended to read:
 1692         429.298 Punitive damages; limitation.—
 1693         (1)(a) Except as provided in paragraphs (b) and (c), An
 1694  award of punitive damages may not exceed the greater of:
 1695         1. Three times the amount of compensatory damages awarded
 1696  to each claimant entitled thereto, consistent with the remaining
 1697  provisions of this section; or
 1698         2. The sum of $250,000 $1 million.
 1699         (b) Where the fact finder determines that the wrongful
 1700  conduct proven under this section was motivated primarily by
 1701  unreasonable financial gain and determines that the unreasonably
 1702  dangerous nature of the conduct, together with the high
 1703  likelihood of injury resulting from the conduct, was actually
 1704  known by the managing agent, director, officer, or other person
 1705  responsible for making policy decisions on behalf of the
 1706  defendant, it may award an amount of punitive damages not to
 1707  exceed the greater of:
 1708         1. Four times the amount of compensatory damages awarded to
 1709  each claimant entitled thereto, consistent with the remaining
 1710  provisions of this section; or
 1711         2. The sum of $4 million.
 1712         (c) Where the fact finder determines that at the time of
 1713  injury the defendant had a specific intent to harm the claimant
 1714  and determines that the defendant’s conduct did in fact harm the
 1715  claimant, there shall be no cap on punitive damages.
 1716         (b)(d) This subsection is not intended to prohibit an
 1717  appropriate court from exercising its jurisdiction under s.
 1718  768.74 in determining the reasonableness of an award of punitive
 1719  damages that is less than three times the amount of compensatory
 1720  damages.
 1721         (e) In any case in which the findings of fact support an
 1722  award of punitive damages pursuant to paragraph (b) or paragraph
 1723  (c), the clerk of the court shall refer the case to the
 1724  appropriate law enforcement agencies, to the state attorney in
 1725  the circuit where the long-term care facility that is the
 1726  subject of the underlying civil cause of action is located, and,
 1727  for multijurisdictional facility owners, to the Office of the
 1728  Statewide Prosecutor; and such agencies, state attorney, or
 1729  Office of the Statewide Prosecutor shall initiate a criminal
 1730  investigation into the conduct giving rise to the award of
 1731  punitive damages. All findings by the trier of fact which
 1732  support an award of punitive damages under this paragraph shall
 1733  be admissible as evidence in any subsequent civil or criminal
 1734  proceeding relating to the acts giving rise to the award of
 1735  punitive damages under this paragraph.
 1736         (4) Notwithstanding any other law to the contrary, the
 1737  amount of punitive damages awarded pursuant to this section
 1738  shall be equally divided between the claimant and the Quality of
 1739  Long-Term Care Facility Improvement Trust Fund, in accordance
 1740  with the following provisions:
 1741         (a) The clerk of the court shall transmit a copy of the
 1742  jury verdict to the Chief Financial Officer by certified mail.
 1743  In the final judgment, the court shall order the percentages of
 1744  the award, payable as provided herein.
 1745         (b) A settlement agreement entered into between the
 1746  original parties to the action after a verdict has been returned
 1747  must provide a proportionate share payable to the Quality of
 1748  Long-Term Care Facility Improvement Trust Fund specified herein.
 1749  For purposes of this paragraph, the a proportionate share
 1750  payable to the Quality of Long-Term Care Facility Improvement
 1751  Trust Fund must be is a 75 percent 50-percent share of that
 1752  percentage of the settlement amount which the punitive damages
 1753  portion of the verdict bore to the total of the compensatory and
 1754  punitive damages in the verdict.
 1755         (c) The Department of Financial Services shall collect or
 1756  cause to be collected all payments due the state under this
 1757  section. Such payments are made to the Chief Financial Officer
 1758  and deposited in the appropriate fund specified in this
 1759  subsection.
 1760         (d) If the full amount of punitive damages awarded cannot
 1761  be collected, the claimant and the other recipient designated
 1762  pursuant to this subsection are each entitled to a proportionate
 1763  share of the punitive damages collected.
 1764         Section 29. Paragraphs (a), (d), (h), (i), (j), and (l) of
 1765  subsection (1) and subsection (5) of section 429.41, Florida
 1766  Statutes, are amended to read:
 1767         429.41 Rules establishing standards.—
 1768         (1) It is the intent of the Legislature that rules
 1769  published and enforced pursuant to this section shall include
 1770  criteria by which a reasonable and consistent quality of
 1771  resident care and quality of life may be ensured and the results
 1772  of such resident care may be demonstrated. Such rules shall also
 1773  ensure a safe and sanitary environment that is residential and
 1774  noninstitutional in design or nature. It is further intended
 1775  that reasonable efforts be made to accommodate the needs and
 1776  preferences of residents to enhance the quality of life in a
 1777  facility. The agency, in consultation with the department, may
 1778  adopt rules to administer the requirements of part II of chapter
 1779  408. In order to provide safe and sanitary facilities and the
 1780  highest quality of resident care accommodating the needs and
 1781  preferences of residents, the department, in consultation with
 1782  the agency, the Department of Children and Family Services, and
 1783  the Department of Health, shall adopt rules, policies, and
 1784  procedures to administer this part, which must include
 1785  reasonable and fair minimum standards in relation to:
 1786         (a) The requirements for and maintenance of facilities, not
 1787  in conflict with the provisions of chapter 553, relating to
 1788  plumbing, heating, cooling, lighting, ventilation, living space,
 1789  and other housing conditions, which will ensure the health,
 1790  safety, and comfort of residents and protection from fire
 1791  hazard, including adequate provisions for fire alarm and other
 1792  fire protection suitable to the size of the structure. Uniform
 1793  firesafety standards shall be established and enforced by the
 1794  State Fire Marshal in cooperation with the agency, the
 1795  department, and the Department of Health.
 1796         1. Evacuation capability determination.—
 1797         a. The provisions of the National Fire Protection
 1798  Association, NFPA 101A, Chapter 5, 1995 edition, shall be used
 1799  for determining the ability of the residents, with or without
 1800  staff assistance, to relocate from or within a licensed facility
 1801  to a point of safety as provided in the fire codes adopted
 1802  herein. An evacuation capability evaluation for initial
 1803  licensure shall be conducted within 6 months after the date of
 1804  licensure. For existing licensed facilities that are not
 1805  equipped with an automatic fire sprinkler system, the
 1806  administrator shall evaluate the evacuation capability of
 1807  residents at least annually. The evacuation capability
 1808  evaluation for each facility not equipped with an automatic fire
 1809  sprinkler system shall be validated, without liability, by the
 1810  State Fire Marshal, by the local fire marshal, or by the local
 1811  authority having jurisdiction over firesafety, before the
 1812  license renewal date. If the State Fire Marshal, local fire
 1813  marshal, or local authority having jurisdiction over firesafety
 1814  has reason to believe that the evacuation capability of a
 1815  facility as reported by the administrator may have changed, it
 1816  may, with assistance from the facility administrator, reevaluate
 1817  the evacuation capability through timed exiting drills.
 1818  Translation of timed fire exiting drills to evacuation
 1819  capability may be determined:
 1820         (I) Three minutes or less: prompt.
 1821         (II) More than 3 minutes, but not more than 13 minutes:
 1822  slow.
 1823         (III) More than 13 minutes: impractical.
 1824         b. The Office of the State Fire Marshal shall provide or
 1825  cause the provision of training and education on the proper
 1826  application of Chapter 5, NFPA 101A, 1995 edition, to its
 1827  employees, to staff of the Agency for Health Care Administration
 1828  who are responsible for regulating facilities under this part,
 1829  and to local governmental inspectors. The Office of the State
 1830  Fire Marshal shall provide or cause the provision of this
 1831  training within its existing budget, but may charge a fee for
 1832  this training to offset its costs. The initial training must be
 1833  delivered within 6 months after July 1, 1995, and as needed
 1834  thereafter.
 1835         c. The Office of the State Fire Marshal, in cooperation
 1836  with provider associations, shall provide or cause the provision
 1837  of a training program designed to inform facility operators on
 1838  how to properly review bid documents relating to the
 1839  installation of automatic fire sprinklers. The Office of the
 1840  State Fire Marshal shall provide or cause the provision of this
 1841  training within its existing budget, but may charge a fee for
 1842  this training to offset its costs. The initial training must be
 1843  delivered within 6 months after July 1, 1995, and as needed
 1844  thereafter.
 1845         d. The administrator of a licensed facility shall sign an
 1846  affidavit verifying the number of residents occupying the
 1847  facility at the time of the evacuation capability evaluation.
 1848         2. Firesafety requirements.—
 1849         a. Except for the special applications provided herein,
 1850  effective January 1, 1996, the provisions of the National Fire
 1851  Protection Association, Life Safety Code, NFPA 101, 1994
 1852  edition, Chapter 22 for new facilities and Chapter 23 for
 1853  existing facilities shall be the uniform fire code applied by
 1854  the State Fire Marshal for assisted living facilities, pursuant
 1855  to s. 633.022.
 1856         b. Any new facility, regardless of size, that applies for a
 1857  license on or after January 1, 1996, must be equipped with an
 1858  automatic fire sprinkler system. The exceptions as provided in
 1859  s. 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein, apply
 1860  to any new facility housing eight or fewer residents. On July 1,
 1861  1995, local governmental entities responsible for the issuance
 1862  of permits for construction shall inform, without liability, any
 1863  facility whose permit for construction is obtained prior to
 1864  January 1, 1996, of this automatic fire sprinkler requirement.
 1865  As used in this part, the term “a new facility” does not mean an
 1866  existing facility that has undergone change of ownership.
 1867         c. Notwithstanding any provision of s. 633.022 or of the
 1868  National Fire Protection Association, NFPA 101A, Chapter 5, 1995
 1869  edition, to the contrary, any existing facility housing eight or
 1870  fewer residents is not required to install an automatic fire
 1871  sprinkler system, nor to comply with any other requirement in
 1872  Chapter 23, NFPA 101, 1994 edition, that exceeds the firesafety
 1873  requirements of NFPA 101, 1988 edition, that applies to this
 1874  size facility, unless the facility has been classified as
 1875  impractical to evacuate. Any existing facility housing eight or
 1876  fewer residents that is classified as impractical to evacuate
 1877  must install an automatic fire sprinkler system within the
 1878  timeframes granted in this section.
 1879         d. Any existing facility that is required to install an
 1880  automatic fire sprinkler system under this paragraph need not
 1881  meet other firesafety requirements of Chapter 23, NFPA 101, 1994
 1882  edition, which exceed the provisions of NFPA 101, 1988 edition.
 1883  The mandate contained in this paragraph which requires certain
 1884  facilities to install an automatic fire sprinkler system
 1885  supersedes any other requirement.
 1886         e. This paragraph does not supersede the exceptions granted
 1887  in NFPA 101, 1988 edition or 1994 edition.
 1888         f. This paragraph does not exempt facilities from other
 1889  firesafety provisions adopted under s. 633.022 and local
 1890  building code requirements in effect before July 1, 1995.
 1891         g. A local government may charge fees only in an amount not
 1892  to exceed the actual expenses incurred by local government
 1893  relating to the installation and maintenance of an automatic
 1894  fire sprinkler system in an existing and properly licensed
 1895  assisted living facility structure as of January 1, 1996.
 1896         h. If a licensed facility undergoes major reconstruction or
 1897  addition to an existing building on or after January 1, 1996,
 1898  the entire building must be equipped with an automatic fire
 1899  sprinkler system. Major reconstruction of a building means
 1900  repair or restoration that costs in excess of 50 percent of the
 1901  value of the building as reported on the tax rolls, excluding
 1902  land, before reconstruction. Multiple reconstruction projects
 1903  within a 5-year period the total costs of which exceed 50
 1904  percent of the initial value of the building at the time the
 1905  first reconstruction project was permitted are to be considered
 1906  as major reconstruction. Application for a permit for an
 1907  automatic fire sprinkler system is required upon application for
 1908  a permit for a reconstruction project that creates costs that go
 1909  over the 50-percent threshold.
 1910         i. Any facility licensed before January 1, 1996, that is
 1911  required to install an automatic fire sprinkler system shall
 1912  ensure that the installation is completed within the following
 1913  timeframes based upon evacuation capability of the facility as
 1914  determined under subparagraph 1.:
 1915         (I) Impractical evacuation capability, 24 months.
 1916         (II) Slow evacuation capability, 48 months.
 1917         (III) Prompt evacuation capability, 60 months.
 1918  
 1919  The beginning date from which the deadline for the automatic
 1920  fire sprinkler installation requirement must be calculated is
 1921  upon receipt of written notice from the local fire official that
 1922  an automatic fire sprinkler system must be installed. The local
 1923  fire official shall send a copy of the document indicating the
 1924  requirement of a fire sprinkler system to the Agency for Health
 1925  Care Administration.
 1926         j. It is recognized that the installation of an automatic
 1927  fire sprinkler system may create financial hardship for some
 1928  facilities. The appropriate local fire official shall, without
 1929  liability, grant two 1-year extensions to the timeframes for
 1930  installation established herein, if an automatic fire sprinkler
 1931  installation cost estimate and proof of denial from two
 1932  financial institutions for a construction loan to install the
 1933  automatic fire sprinkler system are submitted. However, for any
 1934  facility with a class I or class II, or a history of uncorrected
 1935  class III, firesafety deficiencies, an extension must not be
 1936  granted. The local fire official shall send a copy of the
 1937  document granting the time extension to the Agency for Health
 1938  Care Administration.
 1939         k. A facility owner whose facility is required to be
 1940  equipped with an automatic fire sprinkler system under Chapter
 1941  23, NFPA 101, 1994 edition, as adopted herein, must disclose to
 1942  any potential buyer of the facility that an installation of an
 1943  automatic fire sprinkler requirement exists. The sale of the
 1944  facility does not alter the timeframe for the installation of
 1945  the automatic fire sprinkler system.
 1946         l. Existing facilities required to install an automatic
 1947  fire sprinkler system as a result of construction-type
 1948  restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
 1949  herein, or evacuation capability requirements shall be notified
 1950  by the local fire official in writing of the automatic fire
 1951  sprinkler requirement, as well as the appropriate date for final
 1952  compliance as provided in this subparagraph. The local fire
 1953  official shall send a copy of the document to the Agency for
 1954  Health Care Administration.
 1955         m. Except in cases of life-threatening fire hazards, if an
 1956  existing facility experiences a change in the evacuation
 1957  capability, or if the local authority having jurisdiction
 1958  identifies a construction-type restriction, such that an
 1959  automatic fire sprinkler system is required, it shall be
 1960  afforded time for installation as provided in this subparagraph.
 1961  
 1962  Facilities that are fully sprinkled and in compliance with other
 1963  firesafety standards are not required to conduct more than one
 1964  of the required fire drills between the hours of 11 p.m. and 7
 1965  a.m., per year. In lieu of the remaining drills, staff
 1966  responsible for residents during such hours may be required to
 1967  participate in a mock drill that includes a review of evacuation
 1968  procedures. Such standards must be included or referenced in the
 1969  rules adopted by the State Fire Marshal. Pursuant to s.
 1970  633.022(1)(b), the State Fire Marshal is the final
 1971  administrative authority for firesafety standards established
 1972  and enforced pursuant to this section. All licensed facilities
 1973  must have an annual fire inspection conducted by the local fire
 1974  marshal or authority having jurisdiction.
 1975         3. Resident elopement requirements.—Facilities are required
 1976  to conduct a minimum of two resident elopement prevention and
 1977  response drills per year. All administrators and direct care
 1978  staff must participate in the drills which shall include a
 1979  review of procedures to address resident elopement. Facilities
 1980  must document the implementation of the drills and ensure that
 1981  the drills are conducted in a manner consistent with the
 1982  facility’s resident elopement policies and procedures.
 1983         (d) All sanitary conditions within the facility and its
 1984  surroundings which will ensure the health and comfort of
 1985  residents. To ensure that inspections are not duplicative, the
 1986  rules must clearly delineate the responsibilities of the agency
 1987  regarding agency’s licensure and survey inspections staff, the
 1988  county health departments regarding food safety and sanitary
 1989  inspections, and the local fire marshal regarding firesafety
 1990  inspections authority having jurisdiction over firesafety and
 1991  ensure that inspections are not duplicative. The agency may
 1992  collect fees for food service inspections conducted by the
 1993  county health departments and transfer such fees to the
 1994  Department of Health.
 1995         (h) The care and maintenance of residents, which must
 1996  include, but is not limited to:
 1997         1. The supervision of residents;
 1998         2. The provision of personal services;
 1999         3. The provision of, or arrangement for, social and leisure
 2000  activities;
 2001         4. The arrangement for appointments and transportation to
 2002  appropriate medical, dental, nursing, or mental health services,
 2003  as needed by residents;
 2004         5. The management of medication;
 2005         6. The food service nutritional needs of residents; and
 2006         7. Resident records.; and
 2007         8. Internal risk management and quality assurance.
 2008         (i) Facilities holding an a limited nursing, extended
 2009  congregate care, or limited mental health license.
 2010         (j) The establishment of specific criteria to define
 2011  appropriateness of resident admission and continued residency in
 2012  a facility holding a standard, limited nursing, extended
 2013  congregate care, and limited mental health license.
 2014         (l) The establishment of specific policies and procedures
 2015  on resident elopement. Facilities shall conduct a minimum of two
 2016  resident elopement drills each year. All administrators and
 2017  direct care staff shall participate in the drills. Facilities
 2018  shall document the drills.
 2019         (5) Beginning January 1, 2012, the agency shall may use an
 2020  abbreviated biennial standard licensure inspection that consists
 2021  of a review of key quality-of-care standards in lieu of a full
 2022  inspection in a facility that has a good record of past
 2023  performance. However, a full inspection must be conducted in a
 2024  facility that has a history of class I or class II violations,
 2025  uncorrected class III violations, confirmed ombudsman council
 2026  complaints, or confirmed licensure complaints, within the
 2027  previous licensure period immediately preceding the inspection
 2028  or if a potentially serious problem is identified during the
 2029  abbreviated inspection. The agency, in consultation with the
 2030  department, shall develop, maintain, and update the key quality
 2031  of-care standards with input from the State Long-Term Care
 2032  Ombudsman Council and representatives of associations and
 2033  organizations representing assisted living facilities provider
 2034  groups for incorporation into its rules.
 2035         Section 30. Section 429.42, Florida Statutes, is amended to
 2036  read:
 2037         429.42 Pharmacy and dietary services.—
 2038         (1) Any assisted living facility in which the agency has
 2039  documented a class I or class II violation deficiency or
 2040  uncorrected class III violations deficiencies regarding
 2041  medicinal drugs or over-the-counter preparations, including
 2042  their storage, use, delivery, or administration, or dietary
 2043  services, or both, during a biennial survey or a monitoring
 2044  visit or an investigation in response to a complaint, shall, in
 2045  addition to or as an alternative to any penalties imposed under
 2046  s. 429.19, be required to employ the consultant services of a
 2047  licensed pharmacist, a licensed registered nurse, or a
 2048  registered or licensed dietitian, as applicable. The consultant
 2049  shall, at a minimum, provide onsite quarterly consultation until
 2050  the inspection team from the agency determines that such
 2051  consultation services are no longer required.
 2052         (2) A corrective action plan for deficiencies related to
 2053  assistance with the self-administration of medication or the
 2054  administration of medication must be developed and implemented
 2055  by the facility within 48 hours after notification of such
 2056  deficiency, or sooner if the deficiency is determined by the
 2057  agency to be life-threatening.
 2058         (3) The agency shall employ at least two pharmacists
 2059  licensed pursuant to chapter 465 among its personnel who
 2060  biennially inspect assisted living facilities licensed under
 2061  this part, to participate in biennial inspections or consult
 2062  with the agency regarding deficiencies relating to medicinal
 2063  drugs or over-the-counter preparations.
 2064         (2)(4) The department may by rule establish procedures and
 2065  specify documentation as necessary to implement this section.
 2066         Section 31. Section 429.445, Florida Statutes, is amended
 2067  to read:
 2068         429.445 Compliance with local zoning requirements.—No
 2069  facility licensed under this part may commence any construction
 2070  which will expand the size of the existing structure unless the
 2071  licensee first submits to the agency proof that such
 2072  construction will be in compliance with applicable local zoning
 2073  requirements. Facilities with a licensed capacity of less than
 2074  15 persons shall comply with the provisions of chapter 419.
 2075         Section 32. Section 429.47, Florida Statutes, is amended to
 2076  read:
 2077         429.47 Prohibited acts; penalties for violation.—
 2078         (1) While an assisted living a facility is under
 2079  construction or is seeking licensure, the owner may advertise to
 2080  the public prior to obtaining a license. Facilities that are
 2081  certified under chapter 651 shall comply with the advertising
 2082  provisions of s. 651.095 rather than those provided for in this
 2083  subsection.
 2084         (2) A freestanding facility may shall not advertise or
 2085  imply that any part of it is a nursing home. For the purpose of
 2086  this subsection, “freestanding facility” means a facility that
 2087  is not operated in conjunction with a nursing home to which
 2088  residents of the facility are given priority when nursing care
 2089  is required. A person who violates this subsection is subject to
 2090  fine as specified in s. 429.19.
 2091         (3) Any facility that which is affiliated with any
 2092  religious organization or which has a name implying religious
 2093  affiliation shall include in its advertising whether or not it
 2094  is affiliated with any religious organization and, if so, which
 2095  organization.
 2096         (4) A facility licensed under this part which is not part
 2097  of a facility authorized under chapter 651 shall include the
 2098  facility’s license number as given by the agency in all
 2099  advertising. A company or person owning more than one facility
 2100  shall include at least one license number per advertisement. All
 2101  advertising shall include the term “assisted living facility”
 2102  before the license number.
 2103         Section 33. Subsection (1) of section 429.49, Florida
 2104  Statutes, is amended to read:
 2105         429.49 Resident records; penalties for alteration.—
 2106         (1) Any person who fraudulently alters, defaces, or
 2107  falsifies any medical or other resident record of an assisted
 2108  living facility, or causes or procures any such offense to be
 2109  committed, commits a misdemeanor of the second degree,
 2110  punishable as provided in s. 775.082 or s. 775.083.
 2111         Section 34. Subsections (3), (5), and (8), of section
 2112  429.52, Florida Statutes, are amended, present subsection (11)
 2113  of that section is redesignated as subsection (12), and a new
 2114  subsection (11) is added to that section, read:
 2115         429.52 Staff training and educational programs; core
 2116  educational requirement.—
 2117         (3) Effective January 1, 2004, a new facility administrator
 2118  must complete the required training and education, including the
 2119  competency test, within a reasonable time after being employed
 2120  as an administrator, as determined by the department. Failure to
 2121  do so is a violation of this part and subjects the violator to
 2122  an administrative fine as prescribed in s. 429.19.
 2123  Administrators licensed in accordance with part II of chapter
 2124  468 are exempt from this requirement. Other licensed
 2125  professionals may be exempted, as determined by the department
 2126  by rule.
 2127         (5) Staff involved with the management of medications and
 2128  assisting with the self-administration of medications under s.
 2129  429.256 must complete a minimum of 4 additional hours of
 2130  training provided by a registered nurse, licensed pharmacist, or
 2131  department staff, and must complete 2 hours of continuing
 2132  education training annually. The department shall establish by
 2133  rule the minimum requirements of this additional training.
 2134         (8) The department shall adopt rules related to these
 2135  training requirements, the competency test, necessary
 2136  procedures, and competency test fees and shall adopt or contract
 2137  with another entity to develop a curriculum, which shall be used
 2138  as the minimum core training requirements. The department shall
 2139  consult with representatives of stakeholder associations,
 2140  organizations representing assisted living facilities, and
 2141  agencies in the development of the curriculum.
 2142         (11)A trainer certified by the department must continue to
 2143  meet continuing education requirements and other standards as
 2144  set forth in rules adopted by the department. Noncompliance with
 2145  the standards set forth in the rules may result in the
 2146  sanctioning of a trainer and trainees pursuant to s. 430.081.
 2147         Section 35. Subsections (1) and (2) of section 429.53,
 2148  Florida Statutes, are amended to read:
 2149         429.53 Consultation by the agency.—
 2150         (1) The area offices of licensure and certification of the
 2151  agency shall provide consultation to the following upon request:
 2152         (a) A licensee of a facility.
 2153         (b) A person interested in obtaining a license to operate a
 2154  facility under this part.
 2155         (2) As used in this section, “consultation” includes:
 2156         (a) An explanation of the requirements of this part and
 2157  rules adopted pursuant thereto;
 2158         (b) An explanation of the license application and renewal
 2159  procedures;
 2160         (c) The provision of a checklist of general local and state
 2161  approvals required prior to constructing or developing a
 2162  facility and a listing of the types of agencies responsible for
 2163  such approvals;
 2164         (d) An explanation of benefits and financial assistance
 2165  available to a recipient of supplemental security income
 2166  residing in a facility;
 2167         (c)(e) Any other information which the agency deems
 2168  necessary to promote compliance with the requirements of this
 2169  part; and
 2170         (f) A preconstruction review of a facility to ensure
 2171  compliance with agency rules and this part.
 2172         Section 36. Section 429.54, Florida Statutes, is repealed.
 2173         Section 37. Paragraphs (a) and (b) of subsection (1) and
 2174  subsections (5) and (6) of section 429.71, Florida Statutes, are
 2175  amended to read:
 2176         429.71 Classification of deficiencies; administrative
 2177  fines.—
 2178         (1) In addition to the requirements of part II of chapter
 2179  408 and in addition to any other liability or penalty provided
 2180  by law, the agency may impose an administrative fine on a
 2181  provider according to the following classification:
 2182         (a) Class I violations are those conditions or practices
 2183  related to the operation and maintenance of an adult family-care
 2184  home or to the care of residents which the agency determines
 2185  present an imminent danger to the residents or guests of the
 2186  adult family-care home facility or a substantial probability
 2187  that death or serious physical or emotional harm would result
 2188  therefrom. The condition or practice that constitutes a class I
 2189  violation must be abated or eliminated within 24 hours, unless a
 2190  fixed period, as determined by the agency, is required for
 2191  correction. A class I violation deficiency is subject to an
 2192  administrative fine in an amount not less than $500 and not
 2193  exceeding $1,000 for each violation. A fine may be levied
 2194  notwithstanding the correction of the violation deficiency.
 2195         (b) Class II violations are those conditions or practices
 2196  related to the operation and maintenance of an adult family-care
 2197  home or to the care of residents which the agency determines
 2198  directly threaten the physical or emotional health, safety, or
 2199  security of the residents, other than class I violations. A
 2200  class II violation is subject to an administrative fine in an
 2201  amount not less than $250 and not exceeding $500 for each
 2202  violation. A citation for a class II violation must specify the
 2203  time within which the violation is required to be corrected. If
 2204  a class II violation is corrected within the time specified, no
 2205  civil penalty shall be imposed, unless it is a repeated offense.
 2206         (5) As an alternative to or in conjunction with an
 2207  administrative action against a provider, the agency may request
 2208  a plan of corrective action that demonstrates a good faith
 2209  effort to remedy each violation by a specific date, subject to
 2210  the approval of the agency.
 2211         (5)(6) The department shall set forth, by rule, notice
 2212  requirements and procedures for correction of violations
 2213  deficiencies.
 2214         Section 38. Subsection (3) is added to section 429.81,
 2215  Florida Statutes, to read:
 2216         429.81 Residency agreements.—
 2217         (3) Each residency agreement must specify that the resident
 2218  must give the provider a 30 days’ written notice of intent to
 2219  terminate his or her residency from the adult family-care home.
 2220         Section 39. Section 430.081, Florida Statutes, is created
 2221  to read:
 2222         430.081Sanctioning of training providers and trainees.—The
 2223  Department of Elderly Affairs may sanction training providers
 2224  and trainees for infractions involving any required training
 2225  that the department has the authority to regulate under chapter
 2226  400, chapter 429, or chapter 430 in order to ensure that such
 2227  training providers and trainees satisfy specific qualification
 2228  requirements and adhere to training curricula that is approved
 2229  by the department. Training infractions include, but are not
 2230  limited to, falsification of training records, falsification of
 2231  training certificates, falsification of a trainer’s
 2232  qualifications, failure to adhere to the required number of
 2233  training hours, failure to use the required curriculum, failure
 2234  to maintain the continuing education for the trainer’s
 2235  recertification, failure to obtain reapproval of a curriculum
 2236  when required, providing false or inaccurate information,
 2237  misrepresentation of the required materials and use of a false
 2238  identification as a training provider or trainee. Sanctions may
 2239  be progressive in nature and may consist of corrective action
 2240  measures; suspension or termination from participation as an
 2241  approved training provider or trainee, including sitting for any
 2242  required examination; and administrative fines not to exceed
 2243  $1,000 per incident. One or more sanctions may be levied per
 2244  incident.
 2245         Section 40. Paragraph (j) is added to subsection (3) of
 2246  section 817.505, Florida Statutes, to read:
 2247         817.505 Patient brokering prohibited; exceptions;
 2248  penalties.—
 2249         (3) This section shall not apply to:
 2250         (j) Any payments by an assisted living facility, as defined
 2251  in s. 429.02, which are permitted under s. 429.195(3).
 2252         Section 41. This act shall take effect July 1, 2011.
 2253  
 2254  ================= T I T L E  A M E N D M E N T ================
 2255         And the title is amended as follows:
 2256         Delete everything before the enacting clause
 2257  and insert:
 2258                        A bill to be entitled                      
 2259         An act relating to assisted living communities;
 2260         amending s. 400.141, F.S.; revising licensing
 2261         requirements for registered pharmacists under contract
 2262         with a nursing home and related health care
 2263         facilities; amending s. 408.810, F.S.; providing
 2264         additional licensing requirements for assisted living
 2265         facilities; amending s. 408.820, F.S.; providing that
 2266         certain assisted living facilities are exempt from
 2267         requirements of part II of ch. 408, F.S., related to
 2268         health care licensing; amending s. 429.01, F.S.;
 2269         revising the purpose of the “Assisted Living
 2270         Facilities Act”; amending s. 429.02, F.S.; providing,
 2271         revising, and deleting definitions; amending ss.
 2272         429.04, 429.07, and 429.17, F.S.; revising provisions
 2273         relating to licensing of assisted living facilities,
 2274         including licensing fees; amending s. 429.08, F.S.;
 2275         requiring emergency medical technicians or paramedics
 2276         to report the operations of an unlicensed assisted
 2277         living facility; amending s. 429.11, F.S.; requiring
 2278         the Agency for Health Care Administration to develop
 2279         an abbreviated form for submission of proof of
 2280         financial ability to operate an assisted living
 2281         facility; amending s. 429.12, F.S.; revising
 2282         provisions relating to the sale or transfer of
 2283         ownership of an assisted living facility; amending s.
 2284         429.14, F.S.; revising provisions relating to
 2285         administrative penalties; amending s. 429.178, F.S.;
 2286         providing safety requirements for facilities serving
 2287         persons with Alzheimer’s disease or other related
 2288         disorders; repealing a provision relating to a
 2289         facility’s responsibility for the payment of certain
 2290         training fees; amending s. 429.19, F.S.; revising
 2291         Agency for Health Care Administration procedures for
 2292         the imposition of fines for violations of ch. 429,
 2293         F.S.; amending s. 429.195, F.S.; permitting the
 2294         licensee of an assisted living facility to provide
 2295         monetary payments to a referral service under certain
 2296         circumstances and to residents who refer certain
 2297         individuals to the facility; amending s. 429.20, F.S.;
 2298         prohibiting the solicitation of contributions of any
 2299         kind in a threatening, coercive, or unduly forceful
 2300         manner by or on behalf of an assisted living facility;
 2301         amending s. 429.23, F.S.; revising adverse incidents
 2302         reporting requirements; amending s. 429.255, F.S.;
 2303         permitting certain licensed persons to provide limited
 2304         nursing services; deleting rulemaking authority of the
 2305         Department of Elderly Affairs with regard to
 2306         cardiopulmonary resuscitation in assisted living
 2307         facilities; amending s. 429.256, F.S.; providing
 2308         additional guidelines for the assistance with self
 2309         administration of medication; amending s. 429.26,
 2310         F.S.; removing a requirement that a facility notify a
 2311         licensed physician when a resident exhibits certain
 2312         signs of dementia, cognitive impairment, or change of
 2313         condition; revising the persons who are authorized to
 2314         notify a resident’s case manager about examining the
 2315         resident; amending s. 429.27, F.S.; revising
 2316         provisions relating to the property and personal
 2317         effects of residents; repealing s. 429.275, F.S.;
 2318         removing rulemaking authority of the Department of
 2319         Elderly Affairs over financial records, personnel
 2320         procedures, accounting procedures, reporting
 2321         procedures, and insurance coverage for residents of
 2322         assisted living facilities; amending s. 429.28, F.S.,
 2323         relating to the resident bill of rights; revising
 2324         provisions relating to termination of residency;
 2325         removing responsibilities of the agency for conducting
 2326         compliance surveys and complaint investigations;
 2327         amending s. 429.29, F.S.; providing that a resident
 2328         who alleges negligence or a violation of rights has a
 2329         cause of action against the licensee of an assisted
 2330         living facility or its management company under
 2331         certain circumstances; amending s. 429.293, F.S.;
 2332         permitting the use of an arbitration process to
 2333         resolve a resident’s claim of a rights violation or
 2334         negligence; revising notification requirements;
 2335         amending s. 429.294, F.S.; authorizing the release of
 2336         copies of a resident’s records to specified persons
 2337         under certain conditions; providing limits on the
 2338         frequency of the release of such records; amending s.
 2339         429.297, F.S.; revising procedures for bringing a
 2340         claim for punitive damages against an assisted living
 2341         facility; amending s. 429.298, F.S.; revising the
 2342         limits on the amount of punitive damages; removing a
 2343         provision that provides for a criminal investigation
 2344         with a finding of liability for punitive damages;
 2345         removing a provision that provides for admissibility
 2346         of findings in subsequent civil and criminal actions;
 2347         providing that the punitive damages awarded are not
 2348         necessarily divided equally between the claimant and
 2349         the Quality of Long-Term Care Facility Improvement
 2350         Trust Fund; revising the percentages of the division
 2351         of the settlement amount; amending s. 429.41, F.S.;
 2352         revising rulemaking authority regarding resident care
 2353         and maintenance of facilities; deleting the
 2354         requirement for a facility to conduct a minimum number
 2355         of resident elopement drills; requiring the agency to
 2356         use an abbreviated biennial standard licensure
 2357         inspection; requiring the agency, in consultation with
 2358         the Department of Health, shall develop, maintain, and
 2359         update the key quality-of-care standards with input
 2360         from the State Long-Term Care Ombudsman Council and
 2361         representatives of associations and organizations
 2362         representing assisted living facilities; amending s.
 2363         429.42, F.S.; revising provisions relating to pharmacy
 2364         services; amending s. 429.445, F.S.; removing a
 2365         requirement that assisted living facilities submit
 2366         certain information to the agency before commencing
 2367         construction to expand the facility; amending s.
 2368         429.47, F.S.; authorizing an owner of an assisted
 2369         living facility to advertise to the public while the
 2370         facility is under construction or is seeking
 2371         licensure; amending s. 429.49, F.S.; conforming
 2372         terminology; amending s. 429.52, F.S.; revising
 2373         training and education requirements for certain
 2374         administrators, facility staff, and other licensed
 2375         professionals; requiring trainers certified by the
 2376         department to meet continuing education requirements
 2377         and standards; providing conditions for the
 2378         sanctioning of a trainer and trainees; amending s.
 2379         429.53, F.S.; removing provisions relating to
 2380         preconstruction approvals and reviews and agency
 2381         consultations; repealing s. 429.54, F.S., relating to
 2382         the collection of information regarding the actual
 2383         cost of providing services in assisted living
 2384         facilities and local subsidies; amending s. 429.71,
 2385         F.S.; removing a provision authorizing the agency to
 2386         request a plan to remedy violations by adult family
 2387         care homes; amending s. 429.81, F.S.; specifying that
 2388         residency agreements require a resident to provide 30
 2389         days’ written notice of intent to terminate residency;
 2390         creating s. 430.081, F.S.; authorizing the Department
 2391         of Elderly Affairs to sanction training providers and
 2392         trainees for infractions involving any required
 2393         training; providing training infractions; providing
 2394         sanctions; amending s. 817.505, F.S.; providing that
 2395         payments by an assisted living facility are not
 2396         considered patient brokering under certain
 2397         circumstances; providing an effective date.