Florida Senate - 2011              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1458
       
       
       
       
       
                                Barcode 434272                          
       
       HR.HR.03628                                                     
       Proposed Committee Substitute by the Committee on Health
       Regulation
    1                        A bill to be entitled                      
    2         An act relating to assisted care communities; amending s.
    3  400.141, F.S.; deleting adult care communities from the
    4  standards and rules of the Agency for Health Care Administration
    5  which apply to registered pharmacists under contract with a
    6  nursing home and related health care facilities; amending s.
    7  408.820, F.S.; providing that assisted living facilities are
    8  exempt from certain provisions authorizing the agency to impose
    9  administrative fines for violations of laws and applicable
   10  rules; amending s. 409.912, F.S.; requiring the agency to
   11  provide for the establishment of a demonstration project for a
   12  psychiatric facility in Miami-Dade County; amending s. 429.01,
   13  F.S.; revising legislative intent and the purposes of the
   14  Assisted Living Facilities Act; amending s. 429.02, F.S.;
   15  providing, revising, and deleting definitions; amending s.
   16  429.04, F.S.; deleting provisions exempting a home health agency
   17  from licensure as an assisted living facility under certain
   18  circumstances; amending s. 429.07, F.S.; deleting limited
   19  nursing services as a category of care in which the agency may
   20  issue a license; revising the criteria and requirements for
   21  categories of care in which the agency may issue a license;
   22  revising the licensing fees; requiring the agency to conduct a
   23  survey to determine whether a facility must be monitored;
   24  providing that certain cited assisted living facilities are
   25  subject to unannounced monitoring activities; providing for a
   26  registered nurse to participate in monitoring visits within a
   27  certain time following a class I or class II violation involving
   28  nursing care; amending s. 429.08, F.S.; requiring emergency
   29  medical technicians or paramedics to report the operations of an
   30  unlicensed assisted living facility; amending s. 429.11, F.S.;
   31  requiring the Agency for Health Care Administration to develop
   32  an abbreviated form for submission of proof of financial ability
   33  to operate an assisted living facility; amending s. 429.12,
   34  F.S.; deleting the provision that requires a transferor of an
   35  assisted living facility to advise the transferee that a plan of
   36  correction must be submitted by the transferee and approved by
   37  the agency within a specified period; amending s. 429.14, F.S.;
   38  deleting a provision that authorizes the agency to impose an
   39  administrative penalty due to the actions of a facility’s
   40  employee; revising the actions for which the agency may impose
   41  an administrative penalty; conforming a provision to changes
   42  made by the act; deleting the provision that authorizes the
   43  agency to revoke or deny the license of an assisted living
   44  facility that has certain class I violations; deleting a
   45  provisions that requires the agency to provide to the Division
   46  of Hotels and Restaurants of the Department of Business and
   47  Professional Regulation a monthly list of assisted living
   48  facilities that have had their licenses denied, suspended, or
   49  revoked; amending s. 429.17, F.S.; conforming provisions to
   50  changes made by the act; revising requirements for a conditional
   51  license; amending s. 429.178, F.S.; providing safety
   52  requirements for facilities serving persons with Alzheimer’s
   53  disease or other related disorders; deleting a provision
   54  relating to a facility’s responsibility for the payment of
   55  certain training and education programs; amending s. 429.19,
   56  F.S.; revising procedures for the Agency for Health Care
   57  Administration regarding the imposition of fines for violations
   58  of ch. 429, F.S., related to adult care communities; specifying
   59  the conditions or occurrences that constitute a class I, class
   60  II, class III, or class IV violation; amending s. 429.195, F.S.;
   61  prohibiting the licensee of an assisted living facility from
   62  contracting or promising to pay or receive any commission,
   63  bonus, kickback, or rebate or from engaging in any split-fee
   64  arrangement with any health care provider or health care
   65  facility; providing certain exceptions; amending s. 429.20,
   66  F.S.; prohibiting the solicitation of contributions of any kind
   67  in a threatening, coercive, or unduly forceful manner by or on
   68  behalf of an assisted living facility; deleting provisions
   69  specifying that the solicitation or receipt of contributions is
   70  grounds for denial, suspension, or revocation of a license for
   71  an assisted living facility; amending s. 429.23, F.S.; revising
   72  reporting requirements with respect to adverse incidents;
   73  amending s. 429.255, F.S.; permitting certain licensed persons
   74  to provide limited nursing services; deleting the provision that
   75  allows volunteers to perform duties within the scope of their
   76  license or certification in facilities that are licensed to
   77  provide extended congregate care; amending s. 429.256, F.S.;
   78  authorizing a facility to require certain dispensing systems for
   79  residents’ prescriptions; revising criteria for assistance with
   80  self-administration of medication; amending s. 429.26, F.S.;
   81  removing a requirement that a facility notify a licensed
   82  physician when a resident exhibits certain signs of dementia,
   83  cognitive impairment, or change of condition; amending s.
   84  429.27, F.S.; revising provisions relating to the property and
   85  personal effects of residents of a facility; requiring a
   86  facility’s licensee, owner, administrator, staff, or
   87  representative to execute a surety bond for each resident for
   88  whom power of attorney has been granted to the licensee, owner,
   89  administrator, or staff; deleting the provision that requires a
   90  governmental agency or private charitable agency to receive a
   91  statement of all funds and other property of a resident;
   92  deleting a provision that prohibits an administrator of a
   93  facility from levying an additional charge to the individual or
   94  the account for any supplies or services that the facility has
   95  agreed by contract to provide; repealing s. 429.275(4), F.S.,
   96  relating to rulemaking authority of the Department of Elderly
   97  Affairs over financial records, personnel procedures, accounting
   98  procedures, reporting procedures, and insurance coverage for
   99  residents of assisted living facilities; amending s. 429.28,
  100  F.S., relating to the resident bill of rights; revising the
  101  number of days’ notice for relocation or termination of
  102  residency at a facility; removing responsibilities of the agency
  103  for conducting compliance surveys and complaint investigations;
  104  revising the actions of a person for which a staff member or
  105  employee of a facility is prohibited from taking retaliatory
  106  action upon; prohibiting the administrator of a facility from
  107  terminating the residency of an individual under certain
  108  circumstances; amending s. 429.29, F.S.; providing that a
  109  resident who alleges negligence or a violation of rights has a
  110  cause of action against the licensee of an assisted living
  111  facility or its management company under certain circumstances;
  112  providing a limitation on noneconomic damages if the claimant
  113  elects to pursue damages for wrongful death; amending s.
  114  429.293, F.S.; permitting the use of an arbitration process to
  115  resolve a resident’s claim of a rights violation or negligence;
  116  revising notification requirements; amending s. 429.294, F.S.;
  117  authorizing the release of copies of a resident’s records to
  118  specified persons under certain circumstances; authorizing the
  119  facility to charge a fee to copy the records; providing limits
  120  on the frequency of the release of such records; amending s.
  121  429.297, F.S.; revising procedures for bringing a claim for
  122  punitive damages against an assisted living facility; redefining
  123  the term “intentional misconduct”; amending s. 429.298, F.S.;
  124  revising the limits on the award for punitive damages; removing
  125  a provision that provides for a criminal investigation with a
  126  finding of liability for punitive damages; removing a provision
  127  that provides for admissibility of findings in subsequent civil
  128  and criminal actions; providing that the punitive damages
  129  awarded are not required to be divided equally between the
  130  claimant and the Quality of Long-Term Care Facility Improvement
  131  Trust Fund; revising the percentages of the division of the
  132  settlement amount; amending s. 429.41, F.S.; revising rulemaking
  133  authority regarding resident care and maintenance of facilities;
  134  requiring the State Fire Marshal, in cooperation with the
  135  agency, to establish and enforce firesafety standards; deleting
  136  the requirement for a facility to conduct a minimum number of
  137  resident elopement drills; requiring the agency to use an
  138  abbreviated biennial standard licensure inspection; requiring
  139  the agency, in consultation with the Department of Health, to
  140  develop, maintain, and update the key quality-of-care standards
  141  with input from the State Long-Term Care Ombudsman Council and
  142  representatives of associations and organizations representing
  143  assisted living facilities; amending s. 429.42, F.S.; removing a
  144  provision that required a corrective plan for deficiencies
  145  related to assistance with the self-administration of medication
  146  or the administration of medication; deleting a requirement that
  147  the agency employ a certain number of pharmacists among its
  148  personnel who inspect assisted living facilities; amending s.
  149  429.445, F.S.; removing a requirement that an assisted living
  150  facility submit certain information to the agency before
  151  commencing construction to expand the facility; amending s.
  152  429.47, F.S.; authorizing an owner of an assisted living
  153  facility to advertise to the public while the facility is under
  154  construction or is seeking licensure; deleting a provision that
  155  prohibits a freestanding facility from advertising or implying
  156  that any part of it is a nursing home; amending s. 429.49, F.S.;
  157  conforming terminology to changes made by the act; amending s.
  158  429.52, F.S.; revising training and education requirements for
  159  certain administrators, facility staff, and other licensed
  160  professionals; requiring training providers certified by the
  161  department to meet continuing education requirements and
  162  standards; providing conditions for the sanctioning of training
  163  providers and trainees; amending s. 429.53, F.S.; removing
  164  provisions relating to preconstruction approvals and reviews and
  165  agency consultations; repealing s. 429.54, F.S., relating to the
  166  collection of information regarding the actual cost of providing
  167  services in assisted living facilities and local subsidies;
  168  amending s. 429.71, F.S.; clarifying terminology; removing a
  169  provision authorizing the agency to request a plan to remedy
  170  violations by adult family-care homes; conforming terminology to
  171  changes made by the act; amending s. 429.81, F.S.; specifying
  172  that residency agreements require a resident to provide 30 days’
  173  written notice of intent to terminate his or her residency;
  174  creating s. 430.081, F.S.; authorizing the Department of Elderly
  175  Affairs to sanction training providers and trainees for
  176  infractions involving any required training; providing training
  177  infractions; providing sanctions; amending s. 817.505, F.S.;
  178  providing that payments by an assisted living facility are not
  179  considered patient brokering under certain circumstances;
  180  providing an effective date.
  181  
  182  
  183  Be It Enacted by the Legislature of the State of Florida:
  184  
  185         Section 1. Paragraph (d) of subsection (1) of section
  186  400.141, Florida Statutes, is amended to read:
  187         400.141 Administration and management of nursing home
  188  facilities.—
  189         (1) Every licensed facility shall comply with all
  190  applicable standards and rules of the agency and shall:
  191         (d) Provide for resident use of a community pharmacy as
  192  specified in s. 400.022(1)(q). Any other law to the contrary
  193  notwithstanding, a registered pharmacist licensed in Florida,
  194  that is under contract with a facility licensed under this
  195  chapter or chapter 429, shall repackage a nursing facility
  196  resident’s bulk prescription medication which has been packaged
  197  by another pharmacist licensed in any state in the United States
  198  into a unit dose system compatible with the system used by the
  199  nursing facility, if the pharmacist is requested to offer such
  200  service. In order to be eligible for the repackaging, a resident
  201  or the resident’s spouse must receive prescription medication
  202  benefits provided through a former employer as part of his or
  203  her retirement benefits, a qualified pension plan as specified
  204  in s. 4972 of the Internal Revenue Code, a federal retirement
  205  program as specified under 5 C.F.R. s. 831, or a long-term care
  206  policy as defined in s. 627.9404(1). A pharmacist who correctly
  207  repackages and relabels the medication and the nursing facility
  208  which correctly administers such repackaged medication under
  209  this paragraph may not be held liable in any civil or
  210  administrative action arising from the repackaging. In order to
  211  be eligible for the repackaging, a nursing facility resident for
  212  whom the medication is to be repackaged shall sign an informed
  213  consent form provided by the facility which includes an
  214  explanation of the repackaging process and which notifies the
  215  resident of the immunities from liability provided in this
  216  paragraph. A pharmacist who repackages and relabels prescription
  217  medications, as authorized under this paragraph, may charge a
  218  reasonable fee for costs resulting from the administration
  219  implementation of this provision.
  220         Section 2. Subsection (13) of section 408.820, Florida
  221  Statutes, is amended to read:
  222         408.820 Exemptions.—Except as prescribed in authorizing
  223  statutes, the following exemptions shall apply to specified
  224  requirements of this part:
  225         (13) Assisted living facilities, as provided under part I
  226  of chapter 429, are exempt from ss. s. 408.810(10) and
  227  408.813(2).
  228         Section 3. Subsection (41) of section 409.912, Florida
  229  Statutes, is amended to read:
  230         409.912 Cost-effective purchasing of health care.—The
  231  agency shall purchase goods and services for Medicaid recipients
  232  in the most cost-effective manner consistent with the delivery
  233  of quality medical care. To ensure that medical services are
  234  effectively utilized, the agency may, in any case, require a
  235  confirmation or second physician’s opinion of the correct
  236  diagnosis for purposes of authorizing future services under the
  237  Medicaid program. This section does not restrict access to
  238  emergency services or poststabilization care services as defined
  239  in 42 C.F.R. part 438.114. Such confirmation or second opinion
  240  shall be rendered in a manner approved by the agency. The agency
  241  shall maximize the use of prepaid per capita and prepaid
  242  aggregate fixed-sum basis services when appropriate and other
  243  alternative service delivery and reimbursement methodologies,
  244  including competitive bidding pursuant to s. 287.057, designed
  245  to facilitate the cost-effective purchase of a case-managed
  246  continuum of care. The agency shall also require providers to
  247  minimize the exposure of recipients to the need for acute
  248  inpatient, custodial, and other institutional care and the
  249  inappropriate or unnecessary use of high-cost services. The
  250  agency shall contract with a vendor to monitor and evaluate the
  251  clinical practice patterns of providers in order to identify
  252  trends that are outside the normal practice patterns of a
  253  provider’s professional peers or the national guidelines of a
  254  provider’s professional association. The vendor must be able to
  255  provide information and counseling to a provider whose practice
  256  patterns are outside the norms, in consultation with the agency,
  257  to improve patient care and reduce inappropriate utilization.
  258  The agency may mandate prior authorization, drug therapy
  259  management, or disease management participation for certain
  260  populations of Medicaid beneficiaries, certain drug classes, or
  261  particular drugs to prevent fraud, abuse, overuse, and possible
  262  dangerous drug interactions. The Pharmaceutical and Therapeutics
  263  Committee shall make recommendations to the agency on drugs for
  264  which prior authorization is required. The agency shall inform
  265  the Pharmaceutical and Therapeutics Committee of its decisions
  266  regarding drugs subject to prior authorization. The agency is
  267  authorized to limit the entities it contracts with or enrolls as
  268  Medicaid providers by developing a provider network through
  269  provider credentialing. The agency may competitively bid single
  270  source-provider contracts if procurement of goods or services
  271  results in demonstrated cost savings to the state without
  272  limiting access to care. The agency may limit its network based
  273  on the assessment of beneficiary access to care, provider
  274  availability, provider quality standards, time and distance
  275  standards for access to care, the cultural competence of the
  276  provider network, demographic characteristics of Medicaid
  277  beneficiaries, practice and provider-to-beneficiary standards,
  278  appointment wait times, beneficiary use of services, provider
  279  turnover, provider profiling, provider licensure history,
  280  previous program integrity investigations and findings, peer
  281  review, provider Medicaid policy and billing compliance records,
  282  clinical and medical record audits, and other factors. Providers
  283  shall not be entitled to enrollment in the Medicaid provider
  284  network. The agency shall determine instances in which allowing
  285  Medicaid beneficiaries to purchase durable medical equipment and
  286  other goods is less expensive to the Medicaid program than long
  287  term rental of the equipment or goods. The agency may establish
  288  rules to facilitate purchases in lieu of long-term rentals in
  289  order to protect against fraud and abuse in the Medicaid program
  290  as defined in s. 409.913. The agency may seek federal waivers
  291  necessary to administer these policies.
  292         (41) The agency shall establish provide for the development
  293  of a demonstration project by establishment in Miami-Dade County
  294  of a long-term-care facility and a psychiatric facility licensed
  295  pursuant to chapter 395 to improve access to health care for a
  296  predominantly minority, medically underserved, and medically
  297  complex population and to evaluate alternatives to nursing home
  298  care and general acute care for such population. Such project is
  299  to be located in a health care condominium and collocated
  300  colocated with licensed facilities providing a continuum of
  301  care. These projects are The establishment of this project is
  302  not subject to the provisions of s. 408.036 or s. 408.039.
  303         Section 4. Subsection (2) of section 429.01, Florida
  304  Statutes, is amended to read:
  305         429.01 Short title; purpose.—
  306         (2) The purpose of this act is to:
  307         (a) Promote the availability of appropriate services for
  308  elderly persons and adults with disabilities in the least
  309  restrictive and most homelike environment;, to
  310         (b) Encourage the development of facilities that promote
  311  the dignity, individuality, privacy, and decisionmaking ability
  312  of such persons;, to
  313         (c) Provide for the health, safety, and welfare of
  314  residents of assisted living facilities in the state;, to
  315         (d) Promote continued improvement of such facilities;, to
  316  encourage the development of innovative and affordable
  317  facilities particularly for persons with low to moderate
  318  incomes;, to
  319         (e) Ensure that all agencies of the state cooperate in the
  320  protection of such residents;, and to
  321         (f) Ensure that needed economic, social, mental health,
  322  health, and leisure services are made available to residents of
  323  such facilities through the efforts of the Agency for Health
  324  Care Administration, the Department of Elderly Affairs, the
  325  Department of Children and Family Services, the Department of
  326  Health, assisted living facilities, and other community
  327  agencies.
  328  
  329         To the maximum extent possible, appropriate community-based
  330  programs must be available to state-supported residents to
  331  augment the services provided in assisted living facilities. The
  332  Legislature recognizes that assisted living facilities are an
  333  important part of the continuum of long-term care in the state
  334  as community-based social models that have a health component
  335  and not as medical or nursing facilities. In support of the goal
  336  of aging in place, the Legislature further recognizes that
  337  assisted living facilities should be operated and regulated as
  338  residential environments with supportive services and not as
  339  medical or nursing facilities and, as such, should not be
  340  subject to the same regulations as medical or nursing facilities
  341  but instead be regulated in a less restrictive manner that is
  342  appropriate for a residential, nonmedical setting. The services
  343  available in these facilities, either directly or through
  344  contract or agreement, are intended to help residents remain as
  345  independent as possible. Regulations governing these facilities
  346  must be sufficiently flexible to allow facilities to adopt
  347  policies that enable residents to age in place when resources
  348  are available to meet their needs and accommodate their
  349  preferences.
  350         Section 5. Section 429.02, Florida Statutes, is amended to
  351  read:
  352         429.02 Definitions.—When used in this part, the term:
  353         (1) “Activities of daily living” means functions and tasks
  354  for self-care, including ambulation, bathing, dressing, eating,
  355  grooming, and toileting, and other similar tasks.
  356         (2) “Administrator” means an individual at least 21 years
  357  of age who is responsible for the operation and maintenance of
  358  an assisted living facility; for promoting the resident’s
  359  dignity, autonomy, independence, and privacy in the least
  360  restrictive and most homelike setting consistent with the
  361  resident’s preferences and physical and mental statuses; and for
  362  ensuring the appropriateness of continued placement of a
  363  resident, in consultation with the resident, resident’s
  364  representative or designee, if applicable, and the resident’s
  365  physician.
  366         (3) “Agency” means the Agency for Health Care
  367  Administration.
  368         (4) “Aging in place” or “age in place” means the process of
  369  providing increased or adjusted services to a person to
  370  compensate for the physical or mental decline that may occur
  371  with the aging process, in order to maximize the person’s
  372  dignity and independence and permit them to remain in a
  373  familiar, noninstitutional, residential environment for as long
  374  as possible, as determined by the individual, his or her
  375  physician, and the administrator. Such services may be provided
  376  by facility staff, volunteers, family, or friends, or through
  377  contractual arrangements with a third party.
  378         (5)“Arbitration” means a process whereby a neutral third
  379  person or panel, called an arbitrator or arbitration panel,
  380  considers the facts and arguments presented by the parties and
  381  renders a decision that may be biding or nonbinding as provided
  382  for in chapter 44.
  383         (6)(5) “Assisted living facility” means any residential
  384  setting that provides, directly or indirectly by means of
  385  contracts or arrangements, for a period exceeding 24 hours,
  386  building or buildings, section or distinct part of a building,
  387  private home, boarding home, home for the aged, or other
  388  residential facility, whether operated for profit or not, which
  389  undertakes through its ownership or management to provide
  390  housing, meals, and one or more personal services that meet the
  391  resident’s changing needs and preferences for a period exceeding
  392  24 hours to one or more adults who are not relatives of the
  393  owner or administrator. As used in this subsection, the term
  394  “residential setting” includes, but is not limited to, a
  395  building or buildings, section or distinct part of a building,
  396  private home, or other residence.
  397         (7)(6) “Chemical restraint” means a pharmacologic drug that
  398  physically limits, restricts, or deprives an individual of
  399  movement or mobility, and is used for discipline or convenience
  400  and not required for the treatment of medical symptoms.
  401         (8)(7) “Community living support plan” means a written
  402  document prepared by a mental health resident and the resident’s
  403  mental health case manager, in consultation with the
  404  administrator or the administrator’s designee, of an assisted
  405  living facility with a limited mental health license or the
  406  administrator’s designee. A copy must be provided to the
  407  administrator. The plan must include information about the
  408  supports, services, and special needs of the resident which
  409  enable the resident to live in the assisted living facility and
  410  a method by which facility staff can recognize and respond to
  411  the signs and symptoms particular to that resident which
  412  indicate the need for professional services.
  413         (9)(8) “Cooperative agreement” means a written statement of
  414  understanding between a mental health care provider and the
  415  administrator of the assisted living facility with a limited
  416  mental health license in which a mental health resident is
  417  living. The agreement must specify directions for accessing
  418  emergency and after-hours care for the mental health resident. A
  419  single cooperative agreement may service all mental health
  420  residents who are clients of the same mental health care
  421  provider.
  422         (11)(9) “Department” means the Department of Elderly
  423  Affairs.
  424         (12)(10) “Emergency” means a situation, physical condition,
  425  or method of operation which presents imminent danger of death
  426  or serious physical or mental harm to facility residents.
  427         (13)(11) “Extended congregate care” means acts beyond those
  428  authorized in subsection (20) (16) that may be performed
  429  pursuant to part I of chapter 464 by persons licensed thereunder
  430  while carrying out their professional duties, and other
  431  supportive services which may be specified by rule. The purpose
  432  of such services is to enable residents to age in place in a
  433  residential environment despite mental or physical limitations
  434  that might otherwise disqualify them from residency in a
  435  facility licensed under this part.
  436         (14)(12) “Guardian” means a person to whom the law has
  437  entrusted the custody and control of the person or property, or
  438  both, of a person who has been legally adjudged incapacitated.
  439         (15) “Licensed facility” means an assisted living facility
  440  for which a licensee has been issued a license pursuant to this
  441  part and part II of chapter 408.
  442         (16)(13) “Limited nursing services” means acts that may be
  443  performed pursuant to part I of chapter 464 by persons licensed
  444  thereunder while carrying out their professional duties but
  445  limited to those acts which the department specifies by rule.
  446  Acts which may be specified by rule as allowable limited nursing
  447  services shall be for persons who meet the admission criteria
  448  established by the department for assisted living facilities and
  449  shall not be complex enough to require 24-hour nursing
  450  supervision and may include such services as the application and
  451  care of routine dressings, and care of casts, braces, and
  452  splints.
  453         (17)(14) “Managed risk” means the process by which the
  454  facility staff discuss the service plan and the needs of the
  455  resident with the resident and, if applicable, the resident’s
  456  representative or designee or the resident’s surrogate,
  457  guardian, or attorney in fact, in such a way that the
  458  consequences of a decision, including any inherent risk, are
  459  explained to all parties and reviewed periodically in
  460  conjunction with the service plan, taking into account changes
  461  in the resident’s status and the ability of the facility to
  462  respond accordingly.
  463         (18)(15) “Mental health resident” means an individual who
  464  receives social security disability income due to a mental
  465  disorder as determined by the Social Security Administration or
  466  receives supplemental security income due to a mental disorder
  467  as determined by the Social Security Administration and receives
  468  optional state supplementation.
  469         (19)“Person” means any individual, partnership,
  470  corporation, association, or governmental unit.
  471         (20)(16) “Personal services” means direct physical
  472  assistance with or supervision of the activities of daily living
  473  and the self-administration of medication and other similar
  474  services which the department may define by rule. “Personal
  475  services” shall not be construed to mean the provision of
  476  medical, nursing, dental, or mental health services.
  477         (21)(17) “Physical restraint” means a device which
  478  physically limits, restricts, or deprives an individual of
  479  movement or mobility, including, but not limited to, a half-bed
  480  rail, a full-bed rail, a geriatric chair, and a posey restraint.
  481  The term “physical restraint” shall also include any device
  482  which was not specifically manufactured as a restraint but which
  483  has been altered, arranged, or otherwise used for this purpose.
  484  The term shall not include bandage material used for the purpose
  485  of binding a wound or injury.
  486         (22)(18) “Relative” means an individual who is the father,
  487  mother, stepfather, stepmother, son, daughter, brother, sister,
  488  grandmother, grandfather, great-grandmother, great-grandfather,
  489  grandson, granddaughter, uncle, aunt, first cousin, nephew,
  490  niece, husband, wife, father-in-law, mother-in-law, son-in-law,
  491  daughter-in-law, brother-in-law, sister-in-law, stepson,
  492  stepdaughter, stepbrother, stepsister, half brother, or half
  493  sister of an owner or administrator.
  494         (23)(19) “Resident” means a person 18 years of age or
  495  older, residing in and receiving care from an assisted living a
  496  facility.
  497         (24)(20) “Resident’s representative or designee” means a
  498  person other than the owner, or an agent or employee of the
  499  assisted living facility, designated in writing by the resident,
  500  if legally competent, to receive notice of changes in the
  501  contract executed pursuant to s. 429.24; to receive notice of
  502  and to participate in meetings between the resident and the
  503  facility owner, administrator, or staff concerning the rights of
  504  the resident; to assist the resident in contacting the ombudsman
  505  council if the resident has a complaint against the facility; or
  506  to bring legal action on behalf of the resident pursuant to s.
  507  429.29.
  508         (25)(21) “Service plan” means a written plan, developed and
  509  agreed upon by the resident and, if applicable, the resident’s
  510  representative or designee or the resident’s surrogate,
  511  guardian, or attorney in fact, if any, and the administrator or
  512  the administrator’s designee representing the facility, which
  513  addresses the unique physical and psychosocial needs, abilities,
  514  and personal preferences of each resident receiving extended
  515  congregate care services. The plan shall include a brief written
  516  description, in easily understood language, of what services
  517  shall be provided, who shall provide the services, when the
  518  services shall be rendered, and the purposes and benefits of the
  519  services.
  520         (26)(22) “Shared responsibility” means exploring the
  521  options available to a resident within a facility and the risks
  522  involved with each option when making decisions pertaining to
  523  the resident’s abilities, preferences, and service needs,
  524  thereby enabling the resident and, if applicable, the resident’s
  525  representative or designee, or the resident’s surrogate,
  526  guardian, or attorney in fact, and the facility to develop a
  527  service plan which best meets the resident’s needs and seeks to
  528  improve the resident’s quality of life.
  529         (27)(23) “Supervision” means reminding residents to engage
  530  in activities of daily living and the self-administration of
  531  medication, and, when necessary, observing or providing verbal
  532  cuing to residents while they perform these activities. The term
  533  “supervision” does not include one-on-one observation.
  534         (28)(24) “Supplemental security income,” Title XVI of the
  535  Social Security Act, means a program through which the Federal
  536  Government guarantees a minimum monthly income to every person
  537  who is age 65 or older, or disabled, or blind and meets the
  538  income and asset requirements.
  539         (29)(25) “Supportive services” means services designed to
  540  encourage and assist residents aged persons or adults with
  541  disabilities to remain in the least restrictive living
  542  environment and to maintain their independence as long as
  543  possible.
  544         (30)(26) “Twenty-four-hour nursing supervision” means
  545  services that are ordered by a physician for a resident whose
  546  condition requires the supervision of a physician and continued
  547  monitoring of vital signs and physical status. Such services
  548  shall be: medically complex enough to require constant
  549  supervision, assessment, planning, or intervention by a nurse;
  550  required to be performed by or under the direct supervision of
  551  licensed nursing personnel or other professional personnel for
  552  safe and effective performance; required on a daily basis; and
  553  consistent with the nature and severity of the resident’s
  554  condition or the disease state or stage.
  555         Section 6. Paragraphs (g) and (h) of subsection (2) of
  556  section 429.04, Florida Statutes, are amended to read:
  557         429.04 Facilities to be licensed; exemptions.—
  558         (2) The following are exempt from licensure under this
  559  part:
  560         (g) Any facility certified under chapter 651, or a
  561  retirement community, may provide services authorized under this
  562  part or part III of chapter 400 to its residents who live in
  563  single-family homes, duplexes, quadruplexes, or apartments
  564  located on the campus without obtaining a license to operate an
  565  assisted living facility if residential units within such
  566  buildings are used by residents who do not require staff
  567  supervision for that portion of the day when personal services
  568  are not being delivered and the owner obtains a home health
  569  license to provide such services. However, any building or
  570  distinct part of a building on the campus that is designated for
  571  persons who receive personal services and require supervision
  572  beyond that which is available while such services are being
  573  rendered must be licensed in accordance with this part. If a
  574  facility provides personal services to residents who do not
  575  otherwise require supervision and the owner is not licensed as a
  576  home health agency, the buildings or distinct parts of buildings
  577  where such services are rendered must be licensed under this
  578  part. A resident of a facility that obtains a home health
  579  license may contract with a home health agency of his or her
  580  choice, provided that the home health agency provides liability
  581  insurance and workers’ compensation coverage for its employees.
  582  Facilities covered by this exemption may establish policies that
  583  give residents the option of contracting for services and care
  584  beyond that which is provided by the facility to enable them to
  585  age in place. For purposes of this section, a retirement
  586  community consists of a facility licensed under this part or a
  587  facility licensed under part II of chapter 400, and apartments
  588  designed for independent living located on the same campus.
  589         (h) Any residential unit for independent living which is
  590  located within a facility certified under chapter 651, or any
  591  residential unit for independent living which is collocated
  592  colocated with a nursing home licensed under part II of chapter
  593  400 or collocated colocated with a facility licensed under this
  594  part in which services are provided through an outpatient clinic
  595  or a nursing home on an outpatient basis.
  596         Section 7. Subsections (3) and (4) of section 429.07,
  597  Florida Statutes, are amended, and subsections (6) and (7) are
  598  added to that section, to read:
  599         429.07 License required; fee.—
  600         (3) In addition to the requirements of s. 408.806, each
  601  license granted by the agency must state the type of care for
  602  which the license is granted. Licenses shall be issued for one
  603  or more of the following categories of care: standard, extended
  604  congregate care, limited nursing services, or limited mental
  605  health.
  606         (a) A standard license shall be issued to a licensee for a
  607  facility facilities providing one or more of the personal
  608  services identified in s. 429.02. Such facilities may also
  609  employ or contract with a person licensed under part I of
  610  chapter 464 to administer medications and perform other tasks as
  611  specified in s. 429.255.
  612         (b) An extended congregate care license shall be issued to
  613  a licensee for a facility facilities providing, directly or
  614  through contract, services beyond those authorized in paragraph
  615  (a), including services performed by persons licensed under part
  616  I of chapter 464 and supportive services, as defined by rule, to
  617  persons who would otherwise be disqualified from continued
  618  residence in a facility licensed under this part.
  619         1. In order for extended congregate care services to be
  620  provided, the agency must first determine that all requirements
  621  established in law and rule are met and must specifically
  622  designate, on the facility’s license, that such services may be
  623  provided and whether the designation applies to all or part of
  624  the facility. Such designation may be made at the time of
  625  initial licensure or relicensure, or upon request in writing by
  626  a licensee under this part and part II of chapter 408. The
  627  notification of approval or the denial of the request shall be
  628  made in accordance with part II of chapter 408. Existing
  629  facilities qualifying to provide extended congregate care
  630  services must have maintained a standard license and may not
  631  have been subject to administrative sanctions during the
  632  previous 2 years, or since initial licensure if the facility has
  633  been licensed for less than 2 years, for any of the following
  634  reasons:
  635         a. A class I or class II violation;
  636         b. Three or more repeat or recurring class III violations
  637  of identical or similar resident care standards from which a
  638  pattern of noncompliance is found by the agency;
  639         c. Three or more class III violations that were not
  640  corrected in accordance with the corrective action plan approved
  641  by the agency;
  642         b.d. Violation of resident care standards which results in
  643  requiring the facility to employ the services of a consultant
  644  pharmacist or consultant dietitian; or
  645         e. Denial, suspension, or revocation of a license for
  646  another facility licensed under this part in which the applicant
  647  for an extended congregate care license has at least 25 percent
  648  ownership interest; or
  649         c.f. Imposition of a moratorium pursuant to this part or
  650  part II of chapter 408 or initiation of injunctive proceedings.
  651         2. A licensee facility that is licensed to provide extended
  652  congregate care services shall maintain a written progress
  653  report for on each person who receives services, and the report
  654  must describe which describes the type, amount, duration, scope,
  655  and outcome of services that are rendered and the general status
  656  of the resident’s health. A registered nurse, or appropriate
  657  designee, representing the agency shall visit the facility at
  658  least quarterly to monitor residents who are receiving extended
  659  congregate care services and to determine if the facility is in
  660  compliance with this part, part II of chapter 408, and relevant
  661  rules. One of the visits may be in conjunction with the regular
  662  survey. The monitoring visits may be provided through
  663  contractual arrangements with appropriate community agencies. A
  664  registered nurse shall serve as part of the team that inspects
  665  the facility. The agency may waive one of the required yearly
  666  monitoring visits for a facility that has been licensed for at
  667  least 24 months to provide extended congregate care services,
  668  if, during the inspection, the registered nurse determines that
  669  extended congregate care services are being provided
  670  appropriately, and if the facility has no class I or class II
  671  violations and no uncorrected class III violations. The agency
  672  must first consult with the long-term care ombudsman council for
  673  the area in which the facility is located to determine if any
  674  complaints have been made and substantiated about the quality of
  675  services or care. The agency may not waive one of the required
  676  yearly monitoring visits if complaints have been made and
  677  substantiated.
  678         3. A licensee facility that is licensed to provide extended
  679  congregate care services shall must:
  680         a. Demonstrate the capability to meet unanticipated
  681  resident service needs.
  682         b. Offer a physical environment that promotes a homelike
  683  setting, provides for resident privacy, promotes resident
  684  independence, and allows sufficient congregate space as defined
  685  by rule.
  686         c. Have sufficient staff available, taking into account the
  687  physical plant and firesafety features of the residential
  688  setting building, to assist with the evacuation of residents in
  689  an emergency.
  690         d. Adopt and follow policies and procedures that maximize
  691  resident independence, dignity, choice, and decisionmaking to
  692  permit residents to age in place, so that moves due to changes
  693  in functional status are minimized or avoided.
  694         e. Allow residents or, if applicable, a resident’s
  695  representative, designee, surrogate, guardian, or attorney in
  696  fact to make a variety of personal choices, participate in
  697  developing service plans, and share responsibility in
  698  decisionmaking.
  699         f. Implement the concept of managed risk.
  700         g. Provide, directly or through contract, the services of a
  701  person licensed under part I of chapter 464.
  702         h. In addition to the training mandated in s. 429.52,
  703  provide specialized training as defined by rule for facility
  704  staff.
  705         4. A facility that is licensed to provide extended
  706  congregate care services is exempt from the criteria for
  707  continued residency set forth in rules adopted under s. 429.41.
  708  A licensed facility must adopt its own requirements within
  709  guidelines for continued residency set forth by rule. However,
  710  the facility may not serve residents who require 24-hour nursing
  711  supervision. A licensed facility that provides extended
  712  congregate care services must also provide each resident with a
  713  written copy of facility policies governing admission and
  714  retention.
  715         5. The primary purpose of extended congregate care services
  716  is to allow residents, as they become more impaired, the option
  717  of remaining in a familiar setting from which they would
  718  otherwise be disqualified for continued residency. A facility
  719  licensed to provide extended congregate care services may also
  720  admit an individual who exceeds the admission criteria for a
  721  facility with a standard license, if the individual is
  722  determined appropriate for admission to the extended congregate
  723  care facility.
  724         6. Before the admission of an individual to a facility
  725  licensed to provide extended congregate care services, the
  726  individual must undergo a medical examination as provided in s.
  727  429.26(4) and the licensee facility must develop a preliminary
  728  service plan for the individual.
  729         7. When a licensee facility can no longer provide or
  730  arrange for services in accordance with the resident’s service
  731  plan and needs and the licensee’s facility’s policy, the
  732  licensee facility shall make arrangements for relocating the
  733  person in accordance with s. 429.28(1)(k).
  734         8. Failure to provide extended congregate care services may
  735  result in denial of extended congregate care license renewal.
  736         (c) A limited nursing services license shall be issued to a
  737  facility that provides services beyond those authorized in
  738  paragraph (a) and as specified in this paragraph.
  739         1. In order for limited nursing services to be provided in
  740  a facility licensed under this part, the agency must first
  741  determine that all requirements established in law and rule are
  742  met and must specifically designate, on the facility’s license,
  743  that such services may be provided. Such designation may be made
  744  at the time of initial licensure or relicensure, or upon request
  745  in writing by a licensee under this part and part II of chapter
  746  408. Notification of approval or denial of such request shall be
  747  made in accordance with part II of chapter 408. Existing
  748  facilities qualifying to provide limited nursing services shall
  749  have maintained a standard license and may not have been subject
  750  to administrative sanctions that affect the health, safety, and
  751  welfare of residents for the previous 2 years or since initial
  752  licensure if the facility has been licensed for less than 2
  753  years.
  754         2. Facilities that are licensed to provide limited nursing
  755  services shall maintain a written progress report on each person
  756  who receives such nursing services, which report describes the
  757  type, amount, duration, scope, and outcome of services that are
  758  rendered and the general status of the resident’s health. A
  759  registered nurse representing the agency shall visit such
  760  facilities at least twice a year to monitor residents who are
  761  receiving limited nursing services and to determine if the
  762  facility is in compliance with applicable provisions of this
  763  part, part II of chapter 408, and related rules. The monitoring
  764  visits may be provided through contractual arrangements with
  765  appropriate community agencies. A registered nurse shall also
  766  serve as part of the team that inspects such facility.
  767         3. A person who receives limited nursing services under
  768  this part must meet the admission criteria established by the
  769  agency for assisted living facilities. When a resident no longer
  770  meets the admission criteria for a facility licensed under this
  771  part, arrangements for relocating the person shall be made in
  772  accordance with s. 429.28(1)(k), unless the facility is licensed
  773  to provide extended congregate care services.
  774         (4) In accordance with s. 408.805, an applicant or licensee
  775  shall pay a fee for each license application submitted under
  776  this part, part II of chapter 408, and applicable rules. The
  777  amount of the fee shall be established by rule.
  778         (a) The biennial license fee required of a facility is $300
  779  per license, with an additional fee of $71 $50 per resident
  780  based on the total licensed resident capacity of the facility,
  781  except that no additional fee will be assessed for beds used by
  782  designated for recipients of Medicaid home and community-based
  783  waiver programs optional state supplementation payments provided
  784  for in s. 409.212. The total fee may not exceed $13,443 $10,000.
  785         (b) In addition to the total fee assessed under paragraph
  786  (a), the agency shall require facilities that are licensed to
  787  provide extended congregate care services under this part to pay
  788  an additional fee per licensed facility. The amount of the
  789  biennial fee shall be $400 per license, with an additional fee
  790  of $10 per resident based on the total licensed resident
  791  capacity of the facility.
  792         (c) In addition to the total fee assessed under paragraph
  793  (a), the agency shall require facilities that are licensed to
  794  provide limited nursing services under this part to pay an
  795  additional fee per licensed facility. The amount of the biennial
  796  fee shall be $250 per license, with an additional fee of $10 per
  797  resident based on the total licensed resident capacity of the
  798  facility.
  799         (6)In order to determine whether the facility must
  800  participate in the monitoring activities during the 12-month
  801  period, the agency shall conduct a biennial survey to discuss
  802  the residents’ experiences within the facility. This survey must
  803  include private, informal conversations with a sample of
  804  residents and a consultation with the ombudsman council in the
  805  planning and service area in which the facility is located.
  806         (7)An assisted living facility that has been cited within
  807  the previous 24-month period for a class I violation or class II
  808  violation, regardless of the status of any enforcement or
  809  disciplinary action, is subject to periodic unannounced
  810  monitoring to determine if the facility is in compliance with
  811  this part, part II of chapter 408, and applicable rules.
  812  Monitoring may occur through a desk review or an onsite
  813  assessment. If the class I violation or class II violation
  814  relates to providing or failing to provide nursing care, a
  815  registered nurse must participate in the monitoring visits
  816  during the 12-month period following the violation.
  817         Section 8. Paragraph (a) of subsection (2) of section
  818  429.08, Florida Statutes, is amended to read:
  819         429.08 Unlicensed facilities; referral of person for
  820  residency to unlicensed facility; penalties.—
  821         (2) It is unlawful to knowingly refer a person for
  822  residency to an unlicensed assisted living facility; to an
  823  assisted living facility the license of which is under denial or
  824  has been suspended or revoked; or to an assisted living facility
  825  that has a moratorium pursuant to part II of chapter 408.
  826         (a) Any health care practitioner, as defined in s. 456.001,
  827  or emergency medical technician or paramedic certified under
  828  part III of chapter 401, who is aware of the operation of an
  829  unlicensed facility shall report that facility to the agency.
  830  Failure to report a facility that the practitioner knows or has
  831  reasonable cause to suspect is unlicensed shall be reported to
  832  the practitioner’s licensing board.
  833         Section 9. Subsection (8) is added to section 429.11,
  834  Florida Statutes, to read:
  835         429.11 Initial application for license; provisional
  836  license.—
  837         (8) The agency shall develop an abbreviated form for
  838  submission of proof of financial ability to operate under s.
  839  408.810(8) which is specific to applicants for a license to
  840  operate an assisted living facility. The form must request
  841  information that demonstrates the applicant has adequate
  842  resources to sustain operations and has sufficient assets,
  843  credit, and projected revenues to cover liabilities and expenses
  844  of the facility based on the number of beds and services the
  845  applicant will provide.
  846         Section 10. Section 429.12, Florida Statutes, is amended to
  847  read:
  848         429.12 Sale or transfer of ownership of a facility.—It is
  849  the intent of the Legislature to protect the rights of the
  850  residents of an assisted living facility when the facility is
  851  sold or the ownership thereof is transferred. Therefore, In
  852  addition to the requirements of part II of chapter 408, whenever
  853  a facility is sold or the ownership thereof is transferred,
  854  including leasing,:
  855         (1) the transferee shall notify the residents, in writing,
  856  of the change of ownership within 7 days after receipt of the
  857  new license in order to protect the rights of the residents of
  858  an assisted living facility.
  859         (2) The transferor of a facility the license of which is
  860  denied pending an administrative hearing shall, as a part of the
  861  written change-of-ownership contract, advise the transferee that
  862  a plan of correction must be submitted by the transferee and
  863  approved by the agency at least 7 days before the change of
  864  ownership and that failure to correct the condition which
  865  resulted in the moratorium pursuant to part II of chapter 408 or
  866  denial of licensure is grounds for denial of the transferee’s
  867  license.
  868         Section 11. Section 429.14, Florida Statutes, is amended to
  869  read:
  870         429.14 Administrative penalties.—
  871         (1) In addition to the requirements of part II of chapter
  872  408, the agency may deny, revoke, and suspend any license issued
  873  under this part and impose an administrative fine in the manner
  874  provided in chapter 120 against a licensee for a violation of
  875  any provision of this part, part II of chapter 408, or
  876  applicable rules, or for any of the following actions by a
  877  licensee, for the actions of any person subject to level 2
  878  background screening under s. 408.809, or for the actions of any
  879  facility employee:
  880         (a) An intentional or negligent act seriously affecting the
  881  health, safety, or welfare of a resident of the facility.
  882         (b) The determination by the agency that the owner lacks
  883  the financial ability to provide continuing adequate care to
  884  residents.
  885         (c) Misappropriation or conversion of the property of a
  886  resident of the facility.
  887         (d) Failure to follow the criteria and procedures provided
  888  under part I of chapter 394 relating to the transportation,
  889  voluntary admission, and involuntary examination of a facility
  890  resident.
  891         (d)(e) A citation of any of the following violations
  892  deficiencies as specified in s. 429.19:
  893         1. One or more cited class I violations deficiencies.
  894         2. Three or more cited class II violations deficiencies.
  895         3. Five or more cited class III violations deficiencies
  896  that have been cited on a single survey and have not been
  897  corrected within the times specified.
  898         (e)(f) Failure to comply with the background screening
  899  standards of this part, s. 408.809(1), or chapter 435.
  900         (f)(g) Violation of a moratorium.
  901         (g)(h) Failure of the license applicant, the licensee
  902  during relicensure, or a licensee that holds a provisional
  903  license to meet the minimum license requirements of this part,
  904  or related rules, at the time of license application or renewal.
  905         (h)(i) An intentional or negligent life-threatening act in
  906  violation of the uniform firesafety standards for assisted
  907  living facilities or other firesafety standards that threatens
  908  the health, safety, or welfare of a resident of a facility, as
  909  communicated to the agency by the local authority having
  910  jurisdiction or the State Fire Marshal.
  911         (i)(j) Knowingly operating any unlicensed facility or
  912  providing without a license any service that must be licensed
  913  under this chapter or chapter 400.
  914         (j)(k) Any act constituting a ground upon which application
  915  for a license may be denied.
  916         (2) Upon notification by the local authority having
  917  jurisdiction or by the State Fire Marshal, the agency may deny
  918  or revoke the license of a licensee of an assisted living
  919  facility that fails to correct cited fire code violations that
  920  affect or threaten the health, safety, or welfare of a resident
  921  of a facility.
  922         (3) The agency may deny a license to any applicant or
  923  controlling interest as defined in part II of chapter 408 which
  924  has or had a 25-percent or greater financial or ownership
  925  interest in any other facility licensed under this part, or in
  926  any entity licensed by this state or another state to provide
  927  health or residential care, which facility or entity during the
  928  5 years prior to the application for a license closed due to
  929  financial inability to operate; had a receiver appointed or a
  930  license denied, suspended, or revoked; was subject to a
  931  moratorium; or had an injunctive proceeding initiated against
  932  it.
  933         (4) The agency shall deny or revoke the license of an
  934  assisted living facility that has two or more class I violations
  935  that are similar or identical to violations identified by the
  936  agency during a survey, inspection, monitoring visit, or
  937  complaint investigation occurring within the previous 2 years.
  938         (4)(5) An action taken by the agency to suspend, deny, or
  939  revoke a licensee’s facility’s license under this part or part
  940  II of chapter 408, in which the agency claims that the facility
  941  owner or a staff member an employee of the facility has
  942  threatened the health, safety, or welfare of a resident of the
  943  facility must be heard by the Division of Administrative
  944  Hearings of the Department of Management Services within 120
  945  days after receipt of the facility’s request for a hearing,
  946  unless that time limitation is waived by both parties. The
  947  administrative law judge must render a decision within 30 days
  948  after receipt of a proposed recommended order.
  949         (6) The agency shall provide to the Division of Hotels and
  950  Restaurants of the Department of Business and Professional
  951  Regulation, on a monthly basis, a list of those assisted living
  952  facilities that have had their licenses denied, suspended, or
  953  revoked or that are involved in an appellate proceeding pursuant
  954  to s. 120.60 related to the denial, suspension, or revocation of
  955  a license.
  956         (5)(7) Agency notification of a license suspension or
  957  revocation, or denial of a license renewal, shall be posted and
  958  visible to the public at the facility.
  959         Section 12. Subsections (1), (4), and (5) of section
  960  429.17, Florida Statutes, are amended to read:
  961         429.17 Expiration of license; renewal; conditional
  962  license.—
  963         (1) Limited nursing, Extended congregate care, and limited
  964  mental health licenses shall expire at the same time as the
  965  facility’s standard license, regardless of when issued.
  966         (4) In addition to the license categories available in s.
  967  408.808, a conditional license may be issued to an applicant for
  968  license renewal if the applicant fails to meet all standards and
  969  requirements for licensure. A conditional license issued under
  970  this subsection shall be limited in duration to a specific
  971  period of time not to exceed 6 months, as determined by the
  972  agency, and shall be accompanied by an agency-approved plan of
  973  correction.
  974         (5) When an extended congregate care or limited nursing
  975  license is requested during a facility’s biennial license
  976  period, the fee shall be prorated in order to permit the
  977  additional license to expire at the end of the biennial license
  978  period. The fee shall be calculated as of the date the
  979  additional license application is received by the agency.
  980         Section 13. Subsections (1), (6), (7), and (8) of section
  981  429.178, Florida Statutes, are amended to read:
  982         429.178 Special care for persons with Alzheimer’s disease
  983  or other related disorders.—
  984         (1) A facility that which advertises that it provides
  985  special care for persons with Alzheimer’s disease or other
  986  related disorders must meet the following standards of
  987  operation:
  988         (a)1.If the facility has 17 or more residents, Have an
  989  awake staff member on duty at all hours of the day and night for
  990  each secured unit of the facility which houses any residents who
  991  have Alzheimer’s disease or other related disorders.; or
  992         2. If the facility has fewer than 17 residents, have an
  993  awake staff member on duty at all hours of the day and night or
  994  have mechanisms in place to monitor and ensure the safety of the
  995  facility’s residents.
  996         (b) Offer activities specifically designed for persons who
  997  are cognitively impaired.
  998         (c) Have a physical environment that provides for the
  999  safety and welfare of the facility’s residents.
 1000         (d) Employ staff who have completed the training and
 1001  continuing education required in subsection (2).
 1002  
 1003         For the safety and protection of residents who have
 1004  Alzheimer’s disease, related disorders, or dementia, a secured
 1005  locked unit may be designated. The unit may consist of the
 1006  entire building or a distinct part of the building. Exit doors
 1007  shall be equipped with an operating alarm system that releases
 1008  upon activation of the fire alarm. These units are exempt from
 1009  specific life safety requirements to which assisted living
 1010  facilities are normally subject. A staff member must be awake
 1011  and present in the secured unit at all times.
 1012         (6) The department shall maintain and post on its website
 1013  keep a current list of providers who are approved to provide
 1014  initial and continuing education for staff and direct care staff
 1015  members of facilities that provide special care for persons with
 1016  Alzheimer’s disease or other related disorders.
 1017         (7) Any facility more than 90 percent of whose residents
 1018  receive monthly optional supplementation payments is not
 1019  required to pay for the training and education programs required
 1020  under this section. A facility that has one or more such
 1021  residents shall pay a reduced fee that is proportional to the
 1022  percentage of such residents in the facility. A facility that
 1023  does not have any residents who receive monthly optional
 1024  supplementation payments must pay a reasonable fee, as
 1025  established by the department, for such training and education
 1026  programs.
 1027         (7)(8) The department shall adopt rules to establish
 1028  standards for trainers and training and to implement this
 1029  section.
 1030         Section 14. Subsections (1), (2), (5), (7), (8), and (9) of
 1031  section 429.19, Florida Statutes, are amended to read:
 1032         429.19 Violations; imposition of administrative fines;
 1033  grounds.—
 1034         (1) In addition to the requirements of part II of chapter
 1035  408, the agency shall impose an administrative fine in the
 1036  manner provided in chapter 120 for the violation of any
 1037  provision of this part, part II of chapter 408, and applicable
 1038  rules by an assisted living facility, for the actions of any
 1039  person subject to level 2 background screening under s. 408.809,
 1040  for the actions of any facility employee, or for an intentional
 1041  or negligent act seriously affecting the health, safety, or
 1042  welfare of a resident of the facility.
 1043         (2) Each violation of this part and adopted rules shall be
 1044  classified according to the nature of the violation and the
 1045  gravity of its probable effect on facility residents. The agency
 1046  shall indicate the classification on the written notice of the
 1047  violation as follows:
 1048         (a) Class “I” violations are those conditions or
 1049  occurrences related to the operation and maintenance of a
 1050  facility or to the care of residents which the agency determines
 1051  present an imminent danger to the residents or a substantial
 1052  probability that death or serious physical or emotional harm
 1053  would result. The condition or practice that constitutes a class
 1054  I violation must be abated or eliminated within 24 hours, unless
 1055  a fixed period, as determined by the agency, is required for
 1056  correction defined in s. 408.813. The agency shall impose an
 1057  administrative fine for a cited class I violation in an amount
 1058  not less than $5,000 and not exceeding $10,000 for each
 1059  violation. A fine shall be levied notwithstanding the correction
 1060  of the violation.
 1061         (b) Class “II” violations are those conditions or
 1062  occurrences related to the operation and maintenance of a
 1063  facility or to the care of residents which the agency determines
 1064  directly threaten the physical or emotional health, safety, or
 1065  security of the residents, other than class I violations defined
 1066  in s. 408.813. The agency shall impose an administrative fine
 1067  for a cited class II violation in an amount not less than $1,000
 1068  and not exceeding $5,000 for each violation. A fine shall be
 1069  levied notwithstanding the correction of the violation.
 1070         (c) Class “III” violations are those conditions or
 1071  occurrences related to the operation and maintenance of a
 1072  facility or to the care of residents which the agency determines
 1073  indirectly or potentially threaten the physical or emotional
 1074  health, safety, or security of residents, other than class I
 1075  violations or class II violations defined in s. 408.813. The
 1076  agency shall impose an administrative fine for a cited class III
 1077  violation in an amount not less than $500 and not exceeding
 1078  $1,000 for each violation. If a class III violation is corrected
 1079  within the time specified, a fine may not be imposed.
 1080         (d) Class “IV” violations are those conditions or
 1081  occurrences related to the operation and maintenance of a
 1082  facility or to required reports, forms, or documents which do
 1083  not have the potential of negatively affecting residents. These
 1084  violations are of a type that the agency determines do not
 1085  threaten the health, safety, or security of residents defined in
 1086  s. 408.813. The agency shall impose an administrative fine for a
 1087  cited class IV violation in an amount not less than $100 and not
 1088  exceeding $200 for each violation. A citation for a class IV
 1089  violation must specify the time within which the violation is
 1090  required to be corrected. If a class IV violation is corrected
 1091  within the time specified, a fine may not be imposed.
 1092         (5) Any action taken to correct a violation shall be
 1093  documented in writing by the licensee owner or administrator of
 1094  the facility and verified through followup visits by agency
 1095  personnel or desk review. The agency may impose a fine and, in
 1096  the case of an owner-operated facility, revoke or deny a
 1097  licensee’s facility’s license when the agency has documented
 1098  that a facility administrator has fraudulently misrepresented
 1099  misrepresents action taken to correct a violation.
 1100         (7) In addition to any administrative fines imposed, the
 1101  agency may assess a survey fee, equal to the lesser of one half
 1102  of the facility’s biennial license and bed fee or $500, to cover
 1103  the cost of conducting initial complaint investigations that
 1104  result in the finding of a violation that was the subject of the
 1105  complaint or monitoring visits conducted under s. 429.28(3)(c)
 1106  to verify the correction of the violations.
 1107         (8) During an inspection, the agency shall make a
 1108  reasonable attempt to discuss each violation with the owner or
 1109  administrator of the facility before giving, prior to written
 1110  notification.
 1111         (9) The agency shall develop and disseminate an annual list
 1112  of all facilities sanctioned or fined for violations of state
 1113  standards, the number and class of violations involved, the
 1114  penalties imposed, and the current status of cases. The list
 1115  shall be disseminated, at no charge, to the Department of
 1116  Elderly Affairs, the Department of Health, the Department of
 1117  Children and Family Services, the Agency for Persons with
 1118  Disabilities, the area agencies on aging, the Florida Statewide
 1119  Advocacy Council, and the state and local ombudsman councils.
 1120  The Department of Children and Family Services shall disseminate
 1121  the list to service providers under contract to the department
 1122  who are responsible for referring persons to a facility for
 1123  residency. The agency may charge a fee commensurate with the
 1124  cost of printing and postage to other interested parties
 1125  requesting a copy of this list. This information may be provided
 1126  electronically or through the agency’s Internet site.
 1127         Section 15. Section 429.195, Florida Statutes, is amended
 1128  to read:
 1129         429.195 Rebates prohibited; penalties.—
 1130         (1) It is unlawful for the licensee of any assisted living
 1131  facility licensed under this part to contract or promise to pay
 1132  or receive any commission, bonus, kickback, or rebate or engage
 1133  in any split-fee arrangement in any form whatsoever with any
 1134  health care provider or health care facility under s. 817.505
 1135  physician, surgeon, organization, agency, or person, either
 1136  directly or indirectly, for residents referred to an assisted
 1137  living facility licensed under this part. A facility may employ
 1138  or contract with persons to market the facility, provided the
 1139  employee or contract provider clearly indicates that he or she
 1140  represents the facility. A person or agency independent of the
 1141  facility may provide placement or referral services for a fee to
 1142  individuals seeking assistance in finding a suitable facility;
 1143  however, any fee paid for placement or referral services must be
 1144  paid by the individual looking for a facility, not by the
 1145  facility.
 1146         (2) A violation of this section shall be considered patient
 1147  brokering and is punishable as provided in s. 817.505.
 1148         (3)This section does not apply to:
 1149         (a) Any individual with whom the facility employs or
 1150  contracts with to market the facility if the employee or
 1151  contract provider clearly indicates that he or she works with or
 1152  for the facility.
 1153         (b)A referral service that provides information,
 1154  consultation, or referrals to consumers to assist them in
 1155  finding appropriate care or housing options for seniors or
 1156  disabled adults if such referred consumers are not Medicaid
 1157  recipients.
 1158         (c) A resident of an assisted living facility who refers to
 1159  the assisted living facility a friend, a family member, or other
 1160  individual with whom the resident has a personal relationship.
 1161  Such a referral does not prohibit the assisted living facility
 1162  from providing a monetary reward to the resident for making such
 1163  a referral.
 1164         Section 16. Subsections (2) and (3) of section 429.20,
 1165  Florida Statutes, are amended to read:
 1166         429.20 Certain solicitation prohibited; third-party
 1167  supplementation.—
 1168         (2) Solicitation of contributions of any kind in a
 1169  threatening, coercive, or unduly forceful manner by or on behalf
 1170  of an assisted living facility or facilities by any agent,
 1171  employee, owner, or representative of any assisted living
 1172  facility or facilities is prohibited grounds for denial,
 1173  suspension, or revocation of the license of the assisted living
 1174  facility or facilities by or on behalf of which such
 1175  contributions were solicited.
 1176         (3) The admission or maintenance of assisted living
 1177  facility residents whose care is supported, in whole or in part,
 1178  by state funds may not be conditioned upon the receipt of any
 1179  manner of contribution or donation from any person. The
 1180  solicitation or receipt of contributions in violation of this
 1181  subsection is grounds for denial, suspension, or revocation of
 1182  license, as provided in s. 429.14, for any assisted living
 1183  facility by or on behalf of which such contributions were
 1184  solicited.
 1185         Section 17. Section 429.23, Florida Statutes, is amended to
 1186  read:
 1187         429.23 Internal risk management and quality assurance
 1188  program; adverse incidents and reporting requirements.—
 1189         (1) Every licensed facility licensed under this part may,
 1190  as part of its administrative functions, voluntarily establish a
 1191  risk management and quality assurance program, the purpose of
 1192  which is to assess resident care practices, facility incident
 1193  reports, violations deficiencies cited by the agency, adverse
 1194  incident reports, and resident grievances and develop plans of
 1195  action to correct and respond quickly to identify quality
 1196  differences.
 1197         (2) Every licensed facility licensed under this part is
 1198  required to maintain adverse incident reports. For purposes of
 1199  this section, the term, “adverse incident” means:
 1200         (a) An event over which facility staff personnel could
 1201  exercise control rather than as a result of the resident’s
 1202  condition and results in:
 1203         1. Death;
 1204         2. Brain or spinal damage;
 1205         3. Permanent disfigurement;
 1206         4. Fracture or dislocation of bones or joints;
 1207         5. Any condition that required medical attention to which
 1208  the resident has not given his or her consent, excluding
 1209  proceedings governed by part I of chapter 394, but including
 1210  failure to honor advanced directives;
 1211         6. Any condition that requires the transfer of the resident
 1212  from the facility to a unit providing more acute care due to the
 1213  incident rather than the resident’s condition before the
 1214  incident; or
 1215         7. An event that is reported to law enforcement or its
 1216  personnel for investigation; or
 1217         (b) Resident elopement, if the elopement places the
 1218  resident at risk of harm or injury.
 1219         (3) Licensed facilities shall provide within 1 business day
 1220  after the occurrence of an adverse incident, by electronic mail,
 1221  facsimile, or United States mail, a preliminary report to the
 1222  agency on all adverse incidents specified under this section.
 1223  The report must include information regarding the identity of
 1224  the affected resident, the type of adverse incident, and the
 1225  status of the facility’s investigation of the incident.
 1226         (3)(4)A licensed facility Licensed facilities shall
 1227  provide within 15 business days after the occurrence of an
 1228  adverse incident, by electronic mail, facsimile, or United
 1229  States mail, a full report to the agency on the all adverse
 1230  incident, including information regarding the identity of the
 1231  affected resident, the type of adverse incident, and incidents
 1232  specified in this section. The report must include the results
 1233  of the facility’s investigation into the adverse incident.
 1234         (5) Each facility shall report monthly to the agency any
 1235  liability claim filed against it. The report must include the
 1236  name of the resident, the dates of the incident leading to the
 1237  claim, if applicable, and the type of injury or violation of
 1238  rights alleged to have occurred. This report is not discoverable
 1239  in any civil or administrative action, except in such actions
 1240  brought by the agency to enforce the provisions of this part.
 1241         (4)(6) Abuse, neglect, or exploitation must be reported to
 1242  the Department of Children and Family Services as required under
 1243  chapter 415.
 1244         (5)(7) The information reported to the agency pursuant to
 1245  subsection (3) which relates to persons licensed under chapter
 1246  458, chapter 459, chapter 461, chapter 464, or chapter 465 must
 1247  shall be reviewed by the agency. The agency shall determine
 1248  whether any of the incidents potentially involved conduct by a
 1249  health care professional who is subject to disciplinary action,
 1250  in which case the provisions of s. 456.073 apply. The agency may
 1251  investigate, as it deems appropriate, any such incident and
 1252  prescribe measures that must or may be taken in response to the
 1253  incident. The agency shall review each incident and determine
 1254  whether it potentially involved conduct by a health care
 1255  professional who is subject to disciplinary action, in which
 1256  case the provisions of s. 456.073 apply.
 1257         (6)(8) If the agency, through its receipt of the adverse
 1258  incident reports prescribed in this part or through any
 1259  investigation, has reasonable belief that conduct by a staff
 1260  member or employee of a licensed facility is grounds for
 1261  disciplinary action by the appropriate board, the agency shall
 1262  report this fact to such regulatory board.
 1263         (7)(9) The adverse incident report reports and preliminary
 1264  adverse incident reports required under this section is are
 1265  confidential as provided by law and is are not discoverable or
 1266  admissible in any civil or administrative action, except in
 1267  disciplinary proceedings by the agency or appropriate regulatory
 1268  board.
 1269         (8)(10) The Department of Elderly Affairs may adopt rules
 1270  necessary to administer this section.
 1271         Section 18. Subsections (1) and (2) of section 429.255,
 1272  Florida Statutes, are amended to read:
 1273         429.255 Use of personnel; emergency care.—
 1274         (1)(a) Persons under contract to the facility or, facility
 1275  staff, or volunteers, who are licensed according to part I of
 1276  chapter 464, or those persons exempt under s. 464.022(1), and
 1277  others as defined by rule, may administer medications to
 1278  residents, take residents’ vital signs, manage individual weekly
 1279  pill organizers for residents who self-administer medication,
 1280  give prepackaged enemas ordered by a physician, observe
 1281  residents, document observations on the appropriate resident’s
 1282  record, report observations to the resident’s physician, and
 1283  contract or allow residents or a resident’s representative,
 1284  designee, surrogate, guardian, or attorney in fact to contract
 1285  with a third party, provided residents meet the criteria for
 1286  appropriate placement as defined in s. 429.26. Nursing
 1287  assistants certified pursuant to part II of chapter 464 may take
 1288  residents’ vital signs as directed by a licensed nurse or
 1289  physician. A person under contract to the facility or facility
 1290  staff who is licensed under part I of chapter 464 may provide
 1291  limited nursing services.
 1292         (b) All staff in facilities licensed under this part shall
 1293  exercise their professional responsibility to observe residents,
 1294  to document observations on the appropriate resident’s record,
 1295  and to report the observations to the administrator or the
 1296  administrator’s designee resident’s physician. However, The
 1297  owner or administrator of the facility shall be responsible for
 1298  determining that the resident receiving services is appropriate
 1299  for residence in the assisted living facility.
 1300         (c) In an emergency situation, licensed personnel may carry
 1301  out their professional duties pursuant to part I of chapter 464
 1302  until emergency medical personnel assume responsibility for
 1303  care.
 1304         (2) In facilities licensed to provide extended congregate
 1305  care, persons under contract to the facility or, facility staff,
 1306  or volunteers, who are licensed according to part I of chapter
 1307  464, or those persons exempt under s. 464.022(1), or those
 1308  persons certified as nursing assistants pursuant to part II of
 1309  chapter 464, may also perform all duties within the scope of
 1310  their license or certification, as approved by the facility
 1311  administrator and pursuant to this part.
 1312         Section 19. Subsections (2), (3), and (4) of section
 1313  429.256, Florida Statutes, are amended to read:
 1314         429.256 Assistance with self-administration of medication.—
 1315         (2) Residents who are capable of self-administering their
 1316  own medications without assistance shall be encouraged and
 1317  allowed to do so. However, an unlicensed person may, consistent
 1318  with a dispensed prescription’s label or the package directions
 1319  of an over-the-counter medication, assist a resident whose
 1320  condition is medically stable with the self-administration of
 1321  routine, regularly scheduled medications that are intended to be
 1322  self-administered. Assistance with self-medication by an
 1323  unlicensed person may occur only upon a documented request by,
 1324  and the written informed consent of, a resident or the
 1325  resident’s surrogate, guardian, or attorney in fact. To minimize
 1326  the potential risk for improper dosage administration of
 1327  prescription drugs, a facility may require standard-medication
 1328  dispensing systems for residents’ prescriptions, as specified by
 1329  rule. For the purposes of this section, self-administered
 1330  medications include both legend and over-the-counter oral dosage
 1331  forms, topical dosage forms and topical ophthalmic, otic, and
 1332  nasal dosage forms including solutions, suspensions, sprays, and
 1333  inhalers, and continuous positive airway pressure machines.
 1334         (3) Assistance with self-administration of medication
 1335  includes:
 1336         (a) Taking the medication, in its previously dispensed,
 1337  properly labeled container, from where it is stored, and
 1338  bringing it to the resident.
 1339         (b) In the presence of the resident, reading the label,
 1340  opening the container, removing a prescribed amount of
 1341  medication from the container, and closing the container.
 1342         (c) Placing an oral dosage in the resident’s hand or
 1343  placing the dosage in another container and helping the resident
 1344  by lifting the container to his or her mouth.
 1345         (d) Applying topical medications.
 1346         (e) Returning the medication container to proper storage.
 1347         (f) Keeping a record of when a resident receives assistance
 1348  with self-administration under this section.
 1349         (g)Assisting a resident in holding a nebulizer.
 1350         (h)Using a glucometer to perform blood glucose checks.
 1351         (i)Assisting with the putting on and taking off anti
 1352  embolism stockings.
 1353         (j)Assisting with applying and removing an oxygen cannula.
 1354         (4) Assistance with self-administration does not include:
 1355         (a) Mixing, compounding, converting, or calculating
 1356  medication doses, except for measuring a prescribed amount of
 1357  liquid medication or breaking a scored tablet or crushing a
 1358  tablet as prescribed.
 1359         (b) The preparation of syringes for injection or the
 1360  administration of medications by any injectable route.
 1361         (c) Administration of medications through intermittent
 1362  positive pressure breathing machines or a nebulizer.
 1363         (c)(d) Administration of medications by way of a tube
 1364  inserted in a cavity of the body.
 1365         (d)(e) Administration of parenteral preparations.
 1366         (e)(f) Irrigations or debriding agents used in the
 1367  treatment of a skin condition.
 1368         (f)(g) Rectal, urethral, or vaginal preparations.
 1369         (g)(h) Medications ordered by the physician or health care
 1370  professional with prescriptive authority to be given “as
 1371  needed,” unless the order is written with specific parameters
 1372  that preclude independent judgment on the part of the unlicensed
 1373  person, and at the request of a competent resident.
 1374         (h)(i) Medications for which the time of administration,
 1375  the amount, the strength of dosage, the method of
 1376  administration, or the reason for administration requires
 1377  judgment or discretion on the part of the unlicensed person.
 1378         Section 20. Subsections (3), (7), (8), (9), (10), and (11)
 1379  of section 429.26, Florida Statutes, are amended to read:
 1380         429.26 Appropriateness of placements; examinations of
 1381  residents.—
 1382         (3) Persons licensed under part I of chapter 464 who are
 1383  employed by or under contract with a facility shall, on a
 1384  routine basis or at least monthly, perform a nursing assessment
 1385  of the residents for whom they are providing nursing services
 1386  ordered by a physician, except administration of medication, and
 1387  shall document such assessment, including any significant change
 1388  substantial changes in a resident’s status which may necessitate
 1389  relocation to a nursing home, hospital, or specialized health
 1390  care facility. Such records shall be maintained in the facility
 1391  for inspection by the agency and shall be forwarded to the
 1392  resident’s case manager, if applicable.
 1393         (7) The facility must notify a licensed physician when a
 1394  resident exhibits signs of dementia or cognitive impairment or
 1395  has a change of condition in order to rule out the presence of
 1396  an underlying physiological condition that may be contributing
 1397  to such dementia or impairment. The notification must occur
 1398  within 30 days after the acknowledgment of such signs by
 1399  facility staff. If an underlying condition is determined to
 1400  exist, the facility shall arrange, with the appropriate health
 1401  care provider, the necessary care and services to treat the
 1402  condition.
 1403         (7)(8) The Department of Children and Family Services may
 1404  require an examination for supplemental security income and
 1405  optional state supplementation recipients residing in facilities
 1406  at any time and shall provide the examination whenever a
 1407  resident’s condition requires it. Any facility administrator;
 1408  personnel of the agency, the department, or the Department of
 1409  Children and Family Services; or long-term care ombudsman
 1410  council member who believes a resident needs to be evaluated
 1411  shall notify the resident’s case manager, who shall take
 1412  appropriate action. A report of the examination findings shall
 1413  be provided to the resident’s case manager and the facility
 1414  administrator to help the administrator meet his or her
 1415  responsibilities under subsection (1).
 1416         (8)(9) A terminally ill resident who no longer meets the
 1417  criteria for continued residency may remain in the facility if
 1418  the arrangement is mutually agreeable to the resident and the
 1419  administrator facility; additional care is rendered through a
 1420  licensed hospice, and the resident is under the care of a
 1421  physician who agrees that the physical needs of the resident are
 1422  being met.
 1423         (9)(10) Facilities licensed to provide extended congregate
 1424  care services shall promote aging in place by determining
 1425  appropriateness of continued residency based on a comprehensive
 1426  review of the resident’s physical and functional status; the
 1427  ability of the facility, family members, friends, or any other
 1428  pertinent individuals or agencies to provide the care and
 1429  services required; and documentation that a written service plan
 1430  consistent with facility policy has been developed and
 1431  implemented to ensure that the resident’s needs and preferences
 1432  are addressed.
 1433         (10)(11)A No resident who requires 24-hour nursing
 1434  supervision, except for a resident who is an enrolled hospice
 1435  patient pursuant to part IV of chapter 400, may not shall be
 1436  retained in a licensed facility licensed under this part.
 1437         Section 21. Section 429.27, Florida Statutes, is amended to
 1438  read:
 1439         429.27 Property and personal affairs of residents.—
 1440         (1)(a) A resident shall be given the option of using his or
 1441  her own belongings, as space permits; choosing his or her
 1442  roommate; and, whenever possible, unless the resident is
 1443  adjudicated incompetent or incapacitated under state law,
 1444  managing his or her own affairs.
 1445         (b) The admission of a resident to a facility and his or
 1446  her presence therein does shall not give confer on the facility
 1447  or its licensee, owner, administrator, employees, or
 1448  representatives any authority to manage, use, or dispose of any
 1449  property of the resident; nor shall such admission or presence
 1450  give confer on any of such persons any authority or
 1451  responsibility for the personal affairs of the resident, except
 1452  that which may be necessary for the safe management of the
 1453  facility or for the safety of the resident.
 1454         (2) The licensee, A facility, or an owner, administrator,
 1455  employee of an assisted living facility, or representative
 1456  thereof, may not act as the guardian, trustee, or conservator
 1457  for any resident of the assisted living facility or any of such
 1458  resident’s property. A licensee, An owner, administrator, or
 1459  staff member, or representative thereof, may not act as a
 1460  competent resident’s payee for social security, veteran’s, or
 1461  railroad benefits without the consent of the resident. Any
 1462  facility whose licensee, owner, administrator, or staff, or
 1463  representative thereof, serves as representative payee for any
 1464  resident of the facility shall file a surety bond with the
 1465  agency in an amount equal to twice the average monthly aggregate
 1466  income or personal funds due to residents, or expendable for
 1467  their account, which are received by a facility. Any facility
 1468  whose licensee, owner, administrator, or staff, or a
 1469  representative thereof, is granted power of attorney for any
 1470  resident of the facility shall file a surety bond with the
 1471  agency for each resident for whom such power of attorney is
 1472  granted. The surety bond shall be in an amount equal to twice
 1473  the average monthly income of the resident, plus the value of
 1474  any resident’s property under the control of the attorney in
 1475  fact. The bond shall be executed by the facility’s licensee,
 1476  owner, administrator, or staff, or a representative thereof,
 1477  facility as principal and a licensed surety company. The bond
 1478  shall be conditioned upon the faithful compliance of the
 1479  licensee, owner, administrator, or staff, or a representative
 1480  thereof, of the facility with this section and shall run to the
 1481  agency for the benefit of any resident who suffers a financial
 1482  loss as a result of the misuse or misappropriation by a
 1483  licensee, owner, administrator, or staff, or representative
 1484  thereof, of the facility of funds held pursuant to this
 1485  subsection. Any surety company that cancels or does not renew
 1486  the bond of any licensee shall notify the agency in writing not
 1487  less than 30 days in advance of such action, giving the reason
 1488  for the cancellation or nonrenewal. Any facility’s licensee,
 1489  facility owner, administrator, or staff, or representative
 1490  thereof, who is granted power of attorney for any resident of
 1491  the facility shall, on a monthly basis, be required to provide
 1492  the resident a written statement of any transaction made on
 1493  behalf of the resident pursuant to this subsection, and a copy
 1494  of such statement given to the resident shall be retained in
 1495  each resident’s file and available for agency inspection.
 1496         (3) A facility’s administrator facility, upon mutual
 1497  consent with the resident, shall provide for the safekeeping in
 1498  the facility of personal effects, including funds not in excess
 1499  of $500 and funds of the resident not in excess of $200 cash,
 1500  and shall keep complete and accurate records of all such funds
 1501  and personal effects received. If a resident is absent from a
 1502  facility for 24 hours or more, the facility may provide for the
 1503  safekeeping of the resident’s personal effects, including funds
 1504  in excess of $500.
 1505         (4) Any funds or other property belonging to or due to a
 1506  resident, or expendable for his or her account, which is
 1507  received by the administrator a facility shall be trust funds
 1508  which shall be kept separate from the funds and property of the
 1509  facility and other residents or shall be specifically credited
 1510  to such resident. Such trust funds shall be used or otherwise
 1511  expended only for the account of the resident. Upon written
 1512  request, at least once every 3 months, unless upon order of a
 1513  court of competent jurisdiction, the administrator facility
 1514  shall furnish the resident and his or her guardian, trustee, or
 1515  conservator, if any, a complete and verified statement of all
 1516  funds and other property to which this subsection applies,
 1517  detailing the amount and items received, together with their
 1518  sources and disposition. In any event, the administrator
 1519  facility shall furnish such statement annually and upon the
 1520  discharge or transfer of a resident. Any governmental agency or
 1521  private charitable agency contributing funds or other property
 1522  to the account of a resident shall also be entitled to receive
 1523  such statement annually and upon the discharge or transfer of
 1524  the resident.
 1525         (5) Any personal funds available to facility residents may
 1526  be used by residents as they choose to obtain clothing, personal
 1527  items, leisure activities, and other supplies and services for
 1528  their personal use. An administrator A facility may not demand,
 1529  require, or contract for payment of all or any part of the
 1530  personal funds in satisfaction of the facility rate for supplies
 1531  and services beyond that amount agreed to in writing and may not
 1532  levy an additional charge to the individual or the account for
 1533  any supplies or services that the facility has agreed by
 1534  contract to provide as part of the standard monthly rate. Any
 1535  service or supplies provided by the facility which are charged
 1536  separately to the individual or the account may be provided only
 1537  with the specific written consent of the individual, who shall
 1538  be furnished in advance of the provision of the services or
 1539  supplies with an itemized written statement to be attached to
 1540  the contract setting forth the charges for the services or
 1541  supplies.
 1542         (6)(a) In addition to any damages or civil penalties to
 1543  which a person is subject, any person who:
 1544         1. Intentionally withholds a resident’s personal funds,
 1545  personal property, or personal needs allowance, or who demands,
 1546  beneficially receives, or contracts for payment of all or any
 1547  part of a resident’s personal property or personal needs
 1548  allowance in satisfaction of the facility rate for supplies and
 1549  services; or
 1550         2. Borrows from or pledges any personal funds of a
 1551  resident, other than the amount agreed to by written contract
 1552  under s. 429.24,
 1553  
 1554         commits a misdemeanor of the first degree, punishable as
 1555  provided in s. 775.082 or s. 775.083.
 1556         (b) Any licensee, facility owner, administrator, or staff,
 1557  or representative thereof, who is granted power of attorney for
 1558  any resident of the facility and who misuses or misappropriates
 1559  funds obtained through this power commits a felony of the third
 1560  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1561  775.084.
 1562         (7) In the event of the death of a resident, a licensee
 1563  shall return all refunds, funds, and property held in trust to
 1564  the resident’s personal representative, if one has been
 1565  appointed at the time the facility disburses such funds, and, if
 1566  not, to the resident’s spouse or adult next of kin named in a
 1567  beneficiary designation form provided by the licensee facility
 1568  to the resident. If the resident has no spouse or adult next of
 1569  kin or such person cannot be located, funds due the resident
 1570  shall be placed in an interest-bearing account, and all property
 1571  held in trust by the licensee facility shall be safeguarded
 1572  until such time as the funds and property are disbursed pursuant
 1573  to the Florida Probate Code. Such funds shall be kept separate
 1574  from the funds and property of the facility and other residents
 1575  of the facility. If the funds of the deceased resident are not
 1576  disbursed pursuant to the Florida Probate Code within 2 years
 1577  after the resident’s death, the funds shall be deposited in the
 1578  Health Care Trust Fund administered by the agency.
 1579         (8) The department may by rule clarify terms and specify
 1580  procedures and documentation necessary to administer the
 1581  provisions of this section relating to the proper management of
 1582  residents’ funds and personal property and the execution of
 1583  surety bonds.
 1584         Section 22. Subsection (4) of section 429.275, Florida
 1585  Statutes, is repealed.
 1586         Section 23. Paragraph (k) of subsection (1) and subsections
 1587  (3), (4), (5), (6), and (7) of section 429.28, Florida Statutes,
 1588  are amended to read:
 1589         429.28 Resident bill of rights.—
 1590         (1) A No resident of a facility may not shall be deprived
 1591  of any civil or legal rights, benefits, or privileges guaranteed
 1592  by law, the Constitution of the State of Florida, or the
 1593  Constitution of the United States as a resident of a facility.
 1594  Every resident of a facility shall have the right to:
 1595         (k) At least 30 45 days’ notice of relocation or
 1596  termination of residency from the facility unless, for medical
 1597  reasons, the resident is certified by a physician to require an
 1598  emergency relocation to a facility providing a more skilled
 1599  level of care or the resident engages in a pattern of conduct
 1600  that is harmful or offensive to other residents. In the case of
 1601  a resident who has been adjudicated mentally incapacitated, the
 1602  guardian shall be given at least 30 45 days’ notice of a
 1603  nonemergency relocation or residency termination. Reasons for
 1604  relocation shall be set forth in writing. In order for a
 1605  facility to terminate the residency of an individual without
 1606  notice as provided herein, the facility shall show good cause in
 1607  a court of competent jurisdiction.
 1608         (3)(a) The agency shall conduct a survey to determine
 1609  general compliance with facility standards and compliance with
 1610  residents’ rights as a prerequisite to initial licensure or
 1611  licensure renewal.
 1612         (b) In order to determine whether the facility is
 1613  adequately protecting residents’ rights, the biennial survey
 1614  shall include private informal conversations with a sample of
 1615  residents and consultation with the ombudsman council in the
 1616  planning and service area in which the facility is located to
 1617  discuss residents’ experiences within the facility.
 1618         (c) During any calendar year in which no survey is
 1619  conducted, the agency shall conduct at least one monitoring
 1620  visit of each facility cited in the previous year for a class I
 1621  or class II violation, or more than three uncorrected class III
 1622  violations.
 1623         (d) The agency may conduct periodic followup inspections as
 1624  necessary to monitor the compliance of facilities with a history
 1625  of any class I, class II, or class III violations that threaten
 1626  the health, safety, or security of residents.
 1627         (e) The agency may conduct complaint investigations as
 1628  warranted to investigate any allegations of noncompliance with
 1629  requirements required under this part or rules adopted under
 1630  this part.
 1631         (3)(4) The administrator shall ensure that facility shall
 1632  not hamper or prevent residents may exercise from exercising
 1633  their rights as specified in this section.
 1634         (4)(5)A staff member No facility or employee of a facility
 1635  may not serve notice upon a resident to leave the premises or
 1636  take any other retaliatory action against any person who:
 1637         (a) Exercises any right set forth in this section.
 1638         (b) Appears as a witness in any hearing, inside or outside
 1639  the facility.
 1640         (c) Files a civil action alleging a violation of the
 1641  provisions of this part or notifies a state attorney or the
 1642  Attorney General of a possible violation of such provisions.
 1643         (5)(6)An administrator may not terminate Any facility
 1644  which terminates the residency of an individual who participated
 1645  in activities specified in subsection (4) (5) shall show good
 1646  cause in a court of competent jurisdiction.
 1647         (6)(7) Any person who submits or reports a complaint
 1648  concerning a suspected violation of the provisions of this part
 1649  or concerning services and conditions in facilities, or who
 1650  testifies in any administrative or judicial proceeding arising
 1651  from such a complaint, shall have immunity from any civil or
 1652  criminal liability therefor, unless such person has acted in bad
 1653  faith or with malicious purpose or the court finds that there
 1654  was a complete absence of a justiciable issue of either law or
 1655  fact raised by the losing party.
 1656         Section 24. Section 429.29, Florida Statutes, is amended to
 1657  read:
 1658         429.29 Civil actions to enforce rights.—
 1659         (1) A Any person or resident who alleges negligence or a
 1660  violation of whose rights as specified in this part has are
 1661  violated shall have a cause of action against the licensee or
 1662  its management company, as identified in the state application
 1663  for licensing as an assisted living facility. However, the cause
 1664  of action may not be asserted individually against an officer,
 1665  director, owner, including an owner designated as having a
 1666  controlling interest on the state application for licensing as
 1667  an assisted living facility, or agent of a licensee or
 1668  management company unless, following an evidentiary hearing, the
 1669  court determines there is sufficient evidence in the record or
 1670  proffered by the claimant which establishes a reasonable basis
 1671  for finding that the person or entity breached, failed to
 1672  perform, or acted outside the scope of duties as an officer,
 1673  director, owner, or agent, and that the breach, failure to
 1674  perform, or action outside the scope of duties is a legal cause
 1675  of actual loss, injury, death, or damage to the resident.
 1676         (2) The action may be brought by the resident or his or her
 1677  guardian, or by a person or organization acting on behalf of a
 1678  resident with the consent of the resident or his or her
 1679  guardian, or by the personal representative of the estate of a
 1680  deceased resident regardless of the cause of death.
 1681         (3) If the action alleges a claim for the resident’s rights
 1682  or for negligence which: that
 1683         (a) Caused the death of the resident, the claimant shall be
 1684  required to elect either survival damages pursuant to s. 46.021
 1685  or wrongful death damages pursuant to s. 768.21. If the claimant
 1686  elects damages for wrongful death, total noneconomic damages may
 1687  not exceed $250,000, regardless of the number of claimants.
 1688         (b)If the action alleges a claim for the resident’s rights
 1689  or for negligence that Did not cause the death of the resident,
 1690  the personal representative of the estate may recover damages
 1691  for the negligence that caused injury to the resident.
 1692         (4) The action may be brought in any court of competent
 1693  jurisdiction to enforce such rights and to recover actual
 1694  damages, and punitive damages for violation of the rights of a
 1695  resident or negligence.
 1696         (5) Any resident who prevails in seeking injunctive relief
 1697  or a claim for an administrative remedy is entitled to recover
 1698  the costs of the action and a reasonable attorney’s fee assessed
 1699  against the defendant not to exceed $25,000. Fees shall be
 1700  awarded solely for the injunctive or administrative relief and
 1701  not for any claim or action for damages whether such claim or
 1702  action is brought together with a request for an injunction or
 1703  administrative relief or as a separate action, except as
 1704  provided under s. 768.79 or the Florida Rules of Civil
 1705  Procedure. Sections 429.29-429.298 provide the exclusive remedy
 1706  for a cause of action for recovery of damages for the personal
 1707  injury or death of a resident arising out of negligence or a
 1708  violation of rights specified in s. 429.28. This section does
 1709  not preclude theories of recovery not arising out of negligence
 1710  or s. 429.28 which are available to a resident or to the agency.
 1711  The provisions of chapter 766 do not apply to any cause of
 1712  action brought under ss. 429.29-429.298.
 1713         (6)(2)If the In any claim brought pursuant to this part
 1714  alleges alleging a violation of resident’s rights or negligence
 1715  causing injury to or the death of a resident, the claimant shall
 1716  have the burden of proving, by a preponderance of the evidence,
 1717  that:
 1718         (a) The defendant owed a duty to the resident;
 1719         (b) The defendant breached the duty to the resident;
 1720         (c) The breach of the duty is a legal cause of loss,
 1721  injury, death, or damage to the resident; and
 1722         (d) The resident sustained loss, injury, death, or damage
 1723  as a result of the breach.
 1724  
 1725         Nothing in This part does not shall be interpreted to
 1726  create strict liability. A violation of the rights set forth in
 1727  s. 429.28 or in any other standard or guidelines specified in
 1728  this part or in any applicable administrative standard or
 1729  guidelines of this state or a federal regulatory agency shall be
 1730  evidence of negligence but shall not be considered negligence
 1731  per se.
 1732         (7)(3) In any claim brought pursuant to this section, a
 1733  licensee, person, or entity has shall have a duty to exercise
 1734  reasonable care. Reasonable care is that degree of care which a
 1735  reasonably careful licensee, person, or entity would use under
 1736  like circumstances.
 1737         (8)(4) In any claim for resident’s rights violation or
 1738  negligence by a nurse licensed under part I of chapter 464, such
 1739  nurse has a shall have the duty to exercise care consistent with
 1740  the prevailing professional standard of care for a nurse. The
 1741  prevailing professional standard of care for a nurse is shall be
 1742  that level of care, skill, and treatment which, in light of all
 1743  relevant surrounding circumstances, is recognized as acceptable
 1744  and appropriate by reasonably prudent similar nurses.
 1745         (9)(5) Discovery of financial information for the purpose
 1746  of determining the value of punitive damages may not be had
 1747  unless the plaintiff shows the court by proffer or evidence in
 1748  the record that a reasonable basis exists to support a claim for
 1749  punitive damages.
 1750         (10)(6) In addition to any other standards for punitive
 1751  damages, any award of punitive damages must be reasonable in
 1752  light of the actual harm suffered by the resident and the
 1753  egregiousness of the conduct that caused the actual harm to the
 1754  resident.
 1755         (11)(7) The resident or the resident’s legal representative
 1756  shall serve a copy of any complaint alleging in whole or in part
 1757  a violation of any rights specified in this part to the agency
 1758  for Health Care Administration at the time of filing the initial
 1759  complaint with the clerk of the court for the county in which
 1760  the action is pursued. The requirement of Providing a copy of
 1761  the complaint to the agency does not impair the resident’s legal
 1762  rights or ability to seek relief for his or her claim.
 1763         Section 25. Subsections (4) and (7) of section 429.293,
 1764  Florida Statutes, are amended, present subsection (11) of that
 1765  section is redesignated as subsection (12) and amended, and a
 1766  new subsection (11) is added to that section, to read:
 1767         429.293 Presuit notice; investigation; notification of
 1768  violation of residents’ rights or alleged negligence; claims
 1769  evaluation procedure; informal discovery; review; settlement
 1770  offer; mediation.—
 1771         (4) The notification of a violation of a resident’s rights
 1772  or alleged negligence shall be served within the applicable
 1773  statute of limitations period; however, during the 75-day
 1774  period, the statute of limitations is tolled as to all
 1775  prospective defendants. Upon written stipulation by the parties,
 1776  the 75-day period may be extended and the statute of limitations
 1777  is tolled during any such extension. Upon receiving written
 1778  notice by certified mail, return receipt requested, of
 1779  termination of negotiations in an extended period, the claimant
 1780  shall have 30 60 days or the remainder of the period of the
 1781  statute of limitations, whichever is greater, within which to
 1782  file suit.
 1783         (7) Informal discovery may be used by a party to obtain
 1784  unsworn statements and the production of documents or things, as
 1785  follows:
 1786         (a) Unsworn statements.—Any party may require other parties
 1787  to appear for the taking of an unsworn statement. Such
 1788  statements may be used only for the purpose of claims evaluation
 1789  and are not discoverable or admissible in any civil action for
 1790  any purpose by any party. A party seeking to take the unsworn
 1791  statement of any party must give reasonable notice in writing to
 1792  all parties. The notice must state the time and place for taking
 1793  the statement and the name and address of the party to be
 1794  examined. Unless otherwise impractical, the examination of any
 1795  party must be done at the same time by all other parties. Any
 1796  party may be represented by counsel at the taking of an unsworn
 1797  statement. An unsworn statement may be recorded electronically,
 1798  stenographically, or on videotape. The taking of unsworn
 1799  statements is subject to the provisions of the Florida Rules of
 1800  Civil Procedure and may be terminated for abuses.
 1801         (b) Documents or things.—Any party may request discovery of
 1802  relevant documents or things relevant to evaluating the merits
 1803  of the claim. The documents or things must be produced, at the
 1804  expense of the requesting party, within 20 days after the date
 1805  of receipt of the request. A party is required to produce
 1806  relevant and discoverable documents or things within that
 1807  party’s possession or control, if in good faith it can
 1808  reasonably be done within the timeframe of the claims evaluation
 1809  process.
 1810         (11)An arbitration process as provided for in chapter 44
 1811  may be used to resolve a claim filed under this section.
 1812         (12)(11) Within 30 days after the claimant’s receipt of the
 1813  defendant’s response to the claim, the parties or their
 1814  designated representatives shall meet in mediation to discuss
 1815  the issues of liability and damages in accordance with the
 1816  mediation rules of practice and procedures adopted by the
 1817  Supreme Court. Upon written stipulation of the parties, this 30
 1818  day period may be extended and the statute of limitations is
 1819  tolled during the mediation and any such extension. At the
 1820  conclusion of mediation, the claimant shall have 60 days or the
 1821  remainder of the period of the statute of limitations, whichever
 1822  is greater, within which to file suit.
 1823         Section 26. Section 429.294, Florida Statutes, is amended
 1824  to read:
 1825         429.294 Availability of facility records for investigation
 1826  of resident’s rights violations and defenses; penalty.—
 1827         (1)Unless expressly prohibited by a legally competent
 1828  resident, an assisted living facility licensed under this part
 1829  shall furnish to the spouse, guardian, surrogate, proxy, or
 1830  attorney in fact, as provided in chapters 744 and 765, a copy of
 1831  a resident’s records that are in the possession of the facility
 1832  within:
 1833         (a) Seven working days after receipt of a written request
 1834  if the resident currently resides in the facility; or
 1835         (b) Ten working days after receipt of a written request if
 1836  the resident formerly resided in the facility.
 1837  
 1838         Such records must include medical and psychiatric records
 1839  and any records concerning the care and treatment of the
 1840  resident performed by the facility, except progress notes and
 1841  consultation report sections of a psychiatric nature. Copies of
 1842  such records are not considered part of a deceased resident’s
 1843  estate and may be made available before the administration of an
 1844  estate, upon request, to the spouse, guardian, surrogate, proxy,
 1845  or attorney in fact, as provided in chapters 744 and 765. A
 1846  facility may charge a reasonable fee for the copying of a
 1847  resident’s records. Such fee shall not exceed $1 per page for
 1848  the first 25 pages and 25 cents per page for each additional
 1849  page in excess of 25 pages. The facility shall further allow any
 1850  such spouse, guardian, surrogate, proxy, or attorney in fact, as
 1851  provided in chapters 744 and 765, to examine the original
 1852  records in its possession, or microfilms or other suitable
 1853  reproductions of the records, upon such reasonable terms as
 1854  shall be imposed, to help ensure that the records are not
 1855  damaged, destroyed, or altered.
 1856         (2)A person may not obtain copies of a resident’s records
 1857  under this section more often than once per month, except that a
 1858  physician’s report in the a resident’s records may be obtained
 1859  as often as necessary to effectively monitor the resident’s
 1860  condition.
 1861         (3)(1) Failure to provide complete copies of a resident’s
 1862  records, including, but not limited to, all medical records and
 1863  the resident’s chart, within the control or possession of the
 1864  facility within 10 days, in accordance with the provisions of
 1865  this section s. 400.145, shall constitute evidence of failure of
 1866  that party to comply with good faith discovery requirements and
 1867  shall waive the good faith certificate and presuit notice
 1868  requirements under this part by the requesting party.
 1869         (4)(2)A licensee may not No facility shall be held liable
 1870  for any civil damages as a result of complying with this
 1871  section.
 1872         Section 27. Subsections (1), (2), and (3) of section
 1873  429.297, Florida Statutes, are amended to read:
 1874         429.297 Punitive damages; pleading; burden of proof.—
 1875         (1) In any action for damages brought under this part, a no
 1876  claim for punitive damages is not shall be permitted unless,
 1877  based on admissible there is a reasonable showing by evidence in
 1878  the record or proffered by the claimant, which would provide a
 1879  reasonable basis for recovery of such damages is demonstrated
 1880  upon applying the criteria set forth in this section. The
 1881  defendant may proffer admissible evidence to refute the
 1882  claimant’s proffer of evidence to recover punitive damages. The
 1883  trial judge shall conduct an evidentiary hearing and weigh the
 1884  admissible evidence proffered by the claimant and the defendant
 1885  to ensure that there is a reasonable basis to believe that the
 1886  claimant, at trial, will be able to demonstrate by clear and
 1887  convincing evidence that the recovery of such damages is
 1888  warranted. The claimant may move to amend her or his complaint
 1889  to assert a claim for punitive damages as allowed by the rules
 1890  of civil procedure. The rules of civil procedure shall be
 1891  liberally construed so as to allow the claimant discovery of
 1892  evidence which appears reasonably calculated to lead to
 1893  admissible evidence on the issue of punitive damages. No
 1894  Discovery of financial worth may not shall proceed until after
 1895  the trial judge approves the pleading on concerning punitive
 1896  damages is permitted.
 1897         (2) A defendant, including the licensee or management
 1898  company, against whom punitive damages is sought may be held
 1899  liable for punitive damages only if the trier of fact, based on
 1900  clear and convincing evidence, finds that a specific individual
 1901  or corporate defendant actively and knowingly participated in
 1902  intentional misconduct, or engaged in conduct that constituted
 1903  gross negligence, and that conduct contributed to the loss,
 1904  damages, or injury suffered by the claimant the defendant was
 1905  personally guilty of intentional misconduct or gross negligence.
 1906  As used in this section, the term:
 1907         (a) “Intentional misconduct” means that the defendant
 1908  against whom a claim for punitive damages is sought had actual
 1909  knowledge of the wrongfulness of the conduct and the high
 1910  probability that injury or damage to the claimant would result
 1911  and, despite that knowledge, intentionally pursued that course
 1912  of conduct, resulting in injury or damage.
 1913         (b) “Gross negligence” means that the defendant’s conduct
 1914  was so reckless or wanting in care that it constituted a
 1915  conscious disregard or indifference to the life, safety, or
 1916  rights of persons exposed to such conduct.
 1917         (3) In the case of vicarious liability of an employer,
 1918  principal, corporation, or other legal entity, punitive damages
 1919  may not be imposed for the conduct of an identified employee or
 1920  agent unless only if the conduct of the employee or agent meets
 1921  the criteria specified in subsection (2) and officers,
 1922  directors, or managers of the actual employer corporation or
 1923  legal entity condoned, ratified, or consented to the specific
 1924  conduct as alleged by the claimant in subsection (2).:
 1925         (a) The employer, principal, corporation, or other legal
 1926  entity actively and knowingly participated in such conduct;
 1927         (b) The officers, directors, or managers of the employer,
 1928  principal, corporation, or other legal entity condoned,
 1929  ratified, or consented to such conduct; or
 1930         (c) The employer, principal, corporation, or other legal
 1931  entity engaged in conduct that constituted gross negligence and
 1932  that contributed to the loss, damages, or injury suffered by the
 1933  claimant.
 1934         Section 28. Subsections (1) and (4) of section 429.298,
 1935  Florida Statutes, are amended to read:
 1936         429.298 Punitive damages; limitation.—
 1937         (1)(a) Except as provided in paragraphs (b) and (c), An
 1938  award of punitive damages may not exceed the greater of:
 1939         1. Three times the amount of compensatory damages awarded
 1940  to each claimant entitled thereto, consistent with the remaining
 1941  provisions of this section; or
 1942         2. The sum of $250,000 $1 million.
 1943         (b) Where the fact finder determines that the wrongful
 1944  conduct proven under this section was motivated primarily by
 1945  unreasonable financial gain and determines that the unreasonably
 1946  dangerous nature of the conduct, together with the high
 1947  likelihood of injury resulting from the conduct, was actually
 1948  known by the managing agent, director, officer, or other person
 1949  responsible for making policy decisions on behalf of the
 1950  defendant, it may award an amount of punitive damages not to
 1951  exceed the greater of:
 1952         1. Four times the amount of compensatory damages awarded to
 1953  each claimant entitled thereto, consistent with the remaining
 1954  provisions of this section; or
 1955         2. The sum of $4 million.
 1956         (c) Where the fact finder determines that at the time of
 1957  injury the defendant had a specific intent to harm the claimant
 1958  and determines that the defendant’s conduct did in fact harm the
 1959  claimant, there shall be no cap on punitive damages.
 1960         (b)(d) This subsection is not intended to prohibit an
 1961  appropriate court from exercising its jurisdiction under s.
 1962  768.74 in determining the reasonableness of an award of punitive
 1963  damages that is less than three times the amount of compensatory
 1964  damages.
 1965         (e) In any case in which the findings of fact support an
 1966  award of punitive damages pursuant to paragraph (b) or paragraph
 1967  (c), the clerk of the court shall refer the case to the
 1968  appropriate law enforcement agencies, to the state attorney in
 1969  the circuit where the long-term care facility that is the
 1970  subject of the underlying civil cause of action is located, and,
 1971  for multijurisdictional facility owners, to the Office of the
 1972  Statewide Prosecutor; and such agencies, state attorney, or
 1973  Office of the Statewide Prosecutor shall initiate a criminal
 1974  investigation into the conduct giving rise to the award of
 1975  punitive damages. All findings by the trier of fact which
 1976  support an award of punitive damages under this paragraph shall
 1977  be admissible as evidence in any subsequent civil or criminal
 1978  proceeding relating to the acts giving rise to the award of
 1979  punitive damages under this paragraph.
 1980         (4) Notwithstanding any other law to the contrary, the
 1981  amount of punitive damages awarded pursuant to this section
 1982  shall be equally divided between the claimant and the Quality of
 1983  Long-Term Care Facility Improvement Trust Fund, in accordance
 1984  with the following provisions:
 1985         (a) The clerk of the court shall transmit a copy of the
 1986  jury verdict to the Chief Financial Officer by certified mail.
 1987  In the final judgment, the court shall order the percentages of
 1988  the award, payable as provided herein.
 1989         (b) A settlement agreement entered into between the
 1990  original parties to the action after a verdict has been returned
 1991  must provide a proportionate share payable to the Quality of
 1992  Long-Term Care Facility Improvement Trust Fund specified herein.
 1993  For purposes of this paragraph, the a proportionate share
 1994  payable to the Quality of Long-Term Care Facility Improvement
 1995  Trust Fund must be is a 75 percent 50-percent share of that
 1996  percentage of the settlement amount which the punitive damages
 1997  portion of the verdict bore to the total of the compensatory and
 1998  punitive damages in the verdict.
 1999         (c) The Department of Financial Services shall collect or
 2000  cause to be collected all payments due the state under this
 2001  section. Such payments are made to the Chief Financial Officer
 2002  and deposited in the appropriate fund specified in this
 2003  subsection.
 2004         (d) If the full amount of punitive damages awarded cannot
 2005  be collected, the claimant and the other recipient designated
 2006  pursuant to this subsection are each entitled to a proportionate
 2007  share of the punitive damages collected.
 2008         Section 29. Paragraphs (a), (d), (h), (i), (j), and (l) of
 2009  subsection (1) and subsection (5) of section 429.41, Florida
 2010  Statutes, are amended to read:
 2011         429.41 Rules establishing standards.—
 2012         (1) It is the intent of the Legislature that rules
 2013  published and enforced pursuant to this section shall include
 2014  criteria by which a reasonable and consistent quality of
 2015  resident care and quality of life may be ensured and the results
 2016  of such resident care may be demonstrated. Such rules shall also
 2017  ensure a safe and sanitary environment that is residential and
 2018  noninstitutional in design or nature. It is further intended
 2019  that reasonable efforts be made to accommodate the needs and
 2020  preferences of residents to enhance the quality of life in a
 2021  facility. The agency, in consultation with the department, may
 2022  adopt rules to administer the requirements of part II of chapter
 2023  408. In order to provide safe and sanitary facilities and the
 2024  highest quality of resident care accommodating the needs and
 2025  preferences of residents, the department, in consultation with
 2026  the agency, the Department of Children and Family Services, and
 2027  the Department of Health, shall adopt rules, policies, and
 2028  procedures to administer this part, which must include
 2029  reasonable and fair minimum standards in relation to:
 2030         (a) The requirements for and maintenance of facilities, not
 2031  in conflict with the provisions of chapter 553, relating to
 2032  plumbing, heating, cooling, lighting, ventilation, living space,
 2033  and other housing conditions, which will ensure the health,
 2034  safety, and comfort of residents and protection from fire
 2035  hazard, including adequate provisions for fire alarm and other
 2036  fire protection suitable to the size of the structure. Uniform
 2037  firesafety standards shall be established and enforced by the
 2038  State Fire Marshal in cooperation with the agency, the
 2039  department, and the Department of Health.
 2040         1. Evacuation capability determination.—
 2041         a. The provisions of the National Fire Protection
 2042  Association, NFPA 101A, Chapter 5, 1995 edition, shall be used
 2043  for determining the ability of the residents, with or without
 2044  staff assistance, to relocate from or within a licensed facility
 2045  to a point of safety as provided in the fire codes adopted
 2046  herein. An evacuation capability evaluation for initial
 2047  licensure shall be conducted within 6 months after the date of
 2048  licensure. For existing licensed facilities that are not
 2049  equipped with an automatic fire sprinkler system, the
 2050  administrator shall evaluate the evacuation capability of
 2051  residents at least annually. The evacuation capability
 2052  evaluation for each facility not equipped with an automatic fire
 2053  sprinkler system shall be validated, without liability, by the
 2054  State Fire Marshal, by the local fire marshal, or by the local
 2055  authority having jurisdiction over firesafety, before the
 2056  license renewal date. If the State Fire Marshal, local fire
 2057  marshal, or local authority having jurisdiction over firesafety
 2058  has reason to believe that the evacuation capability of a
 2059  facility as reported by the administrator may have changed, it
 2060  may, with assistance from the facility administrator, reevaluate
 2061  the evacuation capability through timed exiting drills.
 2062  Translation of timed fire exiting drills to evacuation
 2063  capability may be determined:
 2064         (I) Three minutes or less: prompt.
 2065         (II) More than 3 minutes, but not more than 13 minutes:
 2066  slow.
 2067         (III) More than 13 minutes: impractical.
 2068         b. The Office of the State Fire Marshal shall provide or
 2069  cause the provision of training and education on the proper
 2070  application of Chapter 5, NFPA 101A, 1995 edition, to its
 2071  employees, to staff of the Agency for Health Care Administration
 2072  who are responsible for regulating facilities under this part,
 2073  and to local governmental inspectors. The Office of the State
 2074  Fire Marshal shall provide or cause the provision of this
 2075  training within its existing budget, but may charge a fee for
 2076  this training to offset its costs. The initial training must be
 2077  delivered within 6 months after July 1, 1995, and as needed
 2078  thereafter.
 2079         c. The Office of the State Fire Marshal, in cooperation
 2080  with provider associations, shall provide or cause the provision
 2081  of a training program designed to inform facility operators on
 2082  how to properly review bid documents relating to the
 2083  installation of automatic fire sprinklers. The Office of the
 2084  State Fire Marshal shall provide or cause the provision of this
 2085  training within its existing budget, but may charge a fee for
 2086  this training to offset its costs. The initial training must be
 2087  delivered within 6 months after July 1, 1995, and as needed
 2088  thereafter.
 2089         d. The administrator of a licensed facility shall sign an
 2090  affidavit verifying the number of residents occupying the
 2091  facility at the time of the evacuation capability evaluation.
 2092         2. Firesafety requirements.—
 2093         a. Except for the special applications provided herein,
 2094  effective January 1, 1996, the provisions of the National Fire
 2095  Protection Association, Life Safety Code, NFPA 101, 1994
 2096  edition, Chapter 22 for new facilities and Chapter 23 for
 2097  existing facilities shall be the uniform fire code applied by
 2098  the State Fire Marshal for assisted living facilities, pursuant
 2099  to s. 633.022.
 2100         b. Any new facility, regardless of size, that applies for a
 2101  license on or after January 1, 1996, must be equipped with an
 2102  automatic fire sprinkler system. The exceptions as provided in
 2103  s. 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein, apply
 2104  to any new facility housing eight or fewer residents. On July 1,
 2105  1995, local governmental entities responsible for the issuance
 2106  of permits for construction shall inform, without liability, any
 2107  facility whose permit for construction is obtained prior to
 2108  January 1, 1996, of this automatic fire sprinkler requirement.
 2109  As used in this part, the term “a new facility” does not mean an
 2110  existing facility that has undergone change of ownership.
 2111         c. Notwithstanding any provision of s. 633.022 or of the
 2112  National Fire Protection Association, NFPA 101A, Chapter 5, 1995
 2113  edition, to the contrary, any existing facility housing eight or
 2114  fewer residents is not required to install an automatic fire
 2115  sprinkler system, nor to comply with any other requirement in
 2116  Chapter 23, NFPA 101, 1994 edition, that exceeds the firesafety
 2117  requirements of NFPA 101, 1988 edition, that applies to this
 2118  size facility, unless the facility has been classified as
 2119  impractical to evacuate. Any existing facility housing eight or
 2120  fewer residents that is classified as impractical to evacuate
 2121  must install an automatic fire sprinkler system within the
 2122  timeframes granted in this section.
 2123         d. Any existing facility that is required to install an
 2124  automatic fire sprinkler system under this paragraph need not
 2125  meet other firesafety requirements of Chapter 23, NFPA 101, 1994
 2126  edition, which exceed the provisions of NFPA 101, 1988 edition.
 2127  The mandate contained in this paragraph which requires certain
 2128  facilities to install an automatic fire sprinkler system
 2129  supersedes any other requirement.
 2130         e. This paragraph does not supersede the exceptions granted
 2131  in NFPA 101, 1988 edition or 1994 edition.
 2132         f. This paragraph does not exempt a facility facilities
 2133  from other firesafety provisions adopted under s. 633.022 and
 2134  local building code requirements in effect before July 1, 1995.
 2135         g. A local government may charge fees only in an amount not
 2136  to exceed the actual expenses incurred by local government
 2137  relating to the installation and maintenance of an automatic
 2138  fire sprinkler system in an existing and properly licensed
 2139  assisted living facility structure as of January 1, 1996.
 2140         h. If a licensed facility undergoes major reconstruction or
 2141  addition to an existing building on or after January 1, 1996,
 2142  the entire building must be equipped with an automatic fire
 2143  sprinkler system. Major reconstruction of a building means
 2144  repair or restoration that costs in excess of 50 percent of the
 2145  value of the building as reported on the tax rolls, excluding
 2146  land, before reconstruction. Multiple reconstruction projects
 2147  within a 5-year period the total costs of which exceed 50
 2148  percent of the initial value of the building at the time the
 2149  first reconstruction project was permitted are to be considered
 2150  as major reconstruction. Application for a permit for an
 2151  automatic fire sprinkler system is required upon application for
 2152  a permit for a reconstruction project that creates costs that go
 2153  over the 50 percent 50-percent threshold.
 2154         i. Any facility licensed before January 1, 1996, that is
 2155  required to install an automatic fire sprinkler system shall
 2156  ensure that the installation is completed within the following
 2157  timeframes based upon evacuation capability of the facility as
 2158  determined under subparagraph 1.:
 2159         (I) Impractical evacuation capability, 24 months.
 2160         (II) Slow evacuation capability, 48 months.
 2161         (III) Prompt evacuation capability, 60 months.
 2162  
 2163         The beginning date from which the deadline for the
 2164  automatic fire sprinkler installation requirement must be
 2165  calculated is upon receipt of written notice from the local fire
 2166  official that an automatic fire sprinkler system must be
 2167  installed. The local fire official shall send a copy of the
 2168  document indicating the requirement of a fire sprinkler system
 2169  to the Agency for Health Care Administration.
 2170         j. It is recognized that the installation of an automatic
 2171  fire sprinkler system may create financial hardship for some
 2172  facilities. The appropriate local fire official shall, without
 2173  liability, grant two 1-year extensions to the timeframes for
 2174  installation established herein, if an automatic fire sprinkler
 2175  installation cost estimate and proof of denial from two
 2176  financial institutions for a construction loan to install the
 2177  automatic fire sprinkler system are submitted. However, for any
 2178  facility with a class I or class II, or a history of uncorrected
 2179  class III, firesafety deficiencies, an extension must not be
 2180  granted. The local fire official shall send a copy of the
 2181  document granting the time extension to the Agency for Health
 2182  Care Administration.
 2183         k. A facility owner whose facility is required to be
 2184  equipped with an automatic fire sprinkler system under Chapter
 2185  23, NFPA 101, 1994 edition, as adopted herein, must disclose to
 2186  any potential buyer of the facility that an installation of an
 2187  automatic fire sprinkler requirement exists. The sale of the
 2188  facility does not alter the timeframe for the installation of
 2189  the automatic fire sprinkler system.
 2190         l. An existing facility facilities required to install an
 2191  automatic fire sprinkler system as a result of construction-type
 2192  restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
 2193  herein, or evacuation capability requirements shall be notified
 2194  by the local fire official in writing of the automatic fire
 2195  sprinkler requirement, as well as the appropriate date for final
 2196  compliance as provided in this subparagraph. The local fire
 2197  official shall send a copy of the document to the Agency for
 2198  Health Care Administration.
 2199         m. Except in cases of life-threatening fire hazards, if an
 2200  existing facility experiences a change in the evacuation
 2201  capability, or if the local authority having jurisdiction
 2202  identifies a construction-type restriction, such that an
 2203  automatic fire sprinkler system is required, it shall be
 2204  afforded time for installation as provided in this subparagraph.
 2205  
 2206         Facilities that are fully sprinkled and in compliance with
 2207  other firesafety standards are not required to conduct more than
 2208  one of the required fire drills between the hours of 11 p.m. and
 2209  7 a.m., per year. In lieu of the remaining drills, staff
 2210  responsible for residents during such hours may be required to
 2211  participate in a mock drill that includes a review of evacuation
 2212  procedures. Such standards must be included or referenced in the
 2213  rules adopted by the State Fire Marshal. Pursuant to s.
 2214  633.022(1)(b), the State Fire Marshal is the final
 2215  administrative authority for firesafety standards established
 2216  and enforced pursuant to this section. All licensed facilities
 2217  must have an annual fire inspection conducted by the local fire
 2218  marshal or authority having jurisdiction.
 2219         3. Resident elopement requirements.—Facilities are required
 2220  to conduct a minimum of two resident elopement prevention and
 2221  response drills per year. All administrators and direct care
 2222  staff must participate in the drills which shall include a
 2223  review of procedures to address resident elopement. Facilities
 2224  must document the implementation of the drills and ensure that
 2225  the drills are conducted in a manner consistent with the
 2226  facility’s resident elopement policies and procedures.
 2227         (d) All sanitary conditions within the facility and its
 2228  surroundings which will ensure the health and comfort of
 2229  residents. To ensure that inspections are not duplicative, the
 2230  rules must clearly delineate the responsibilities of the agency
 2231  regarding agency’s licensure and survey inspections staff, the
 2232  county health departments regarding food safety and sanitary
 2233  inspections, and the local fire marshal regarding firesafety
 2234  inspections authority having jurisdiction over firesafety and
 2235  ensure that inspections are not duplicative. The agency may
 2236  collect fees for food service inspections conducted by the
 2237  county health departments and transfer such fees to the
 2238  Department of Health.
 2239         (h) The care and maintenance of residents, which must
 2240  include, but is not limited to:
 2241         1. The supervision of residents;
 2242         2. The provision of personal services;
 2243         3. The provision of, or arrangement for, social and leisure
 2244  activities;
 2245         4. The arrangement for appointments and transportation to
 2246  appropriate medical, dental, nursing, or mental health services,
 2247  as needed by residents;
 2248         5. The management of medication;
 2249         6. The food service nutritional needs of residents; and
 2250         7. Resident records.; and
 2251         8. Internal risk management and quality assurance.
 2252         (i) Facilities holding an a limited nursing, extended
 2253  congregate care, or limited mental health license.
 2254         (j) The establishment of specific criteria to define
 2255  appropriateness of resident admission and continued residency in
 2256  a facility holding a standard, limited nursing, extended
 2257  congregate care, and limited mental health license.
 2258         (l) The establishment of specific policies and procedures
 2259  on resident elopement. Facilities shall conduct a minimum of two
 2260  resident elopement drills each year. All administrators and
 2261  direct care staff shall participate in the drills. Facilities
 2262  shall document the drills.
 2263         (5) Beginning January 1, 2012, the agency shall may use an
 2264  abbreviated biennial standard licensure inspection that consists
 2265  of a review of key quality-of-care standards in lieu of a full
 2266  inspection in a facility that has a good record of past
 2267  performance. However, a full inspection must be conducted in a
 2268  facility that has a history of class I or class II violations,
 2269  uncorrected class III violations, confirmed ombudsman council
 2270  complaints, or confirmed licensure complaints, within the
 2271  previous licensure period immediately preceding the inspection
 2272  or if a potentially serious problem is identified during the
 2273  abbreviated inspection. The agency, in consultation with the
 2274  department, shall develop, maintain, and update the key quality
 2275  of-care standards with input from the State Long-Term Care
 2276  Ombudsman Council and representatives of associations and
 2277  organizations representing assisted living facilities provider
 2278  groups for incorporation into its rules.
 2279         Section 30. Section 429.42, Florida Statutes, is amended to
 2280  read:
 2281         429.42 Pharmacy and dietary services.—
 2282         (1) Any assisted living facility in which the agency has
 2283  documented a class I or class II violation deficiency or
 2284  uncorrected class III violations deficiencies regarding
 2285  medicinal drugs or over-the-counter preparations, including
 2286  their storage, use, delivery, or administration, or dietary
 2287  services, or both, during a biennial survey or a monitoring
 2288  visit or an investigation in response to a complaint, shall, in
 2289  addition to or as an alternative to any penalties imposed under
 2290  s. 429.19, be required to employ the consultant services of a
 2291  licensed pharmacist, a licensed registered nurse, or a
 2292  registered or licensed dietitian, as applicable. The consultant
 2293  shall, at a minimum, provide onsite quarterly consultation until
 2294  the inspection team from the agency determines that such
 2295  consultation services are no longer required.
 2296         (2) A corrective action plan for deficiencies related to
 2297  assistance with the self-administration of medication or the
 2298  administration of medication must be developed and implemented
 2299  by the facility within 48 hours after notification of such
 2300  deficiency, or sooner if the deficiency is determined by the
 2301  agency to be life-threatening.
 2302         (3) The agency shall employ at least two pharmacists
 2303  licensed pursuant to chapter 465 among its personnel who
 2304  biennially inspect assisted living facilities licensed under
 2305  this part, to participate in biennial inspections or consult
 2306  with the agency regarding deficiencies relating to medicinal
 2307  drugs or over-the-counter preparations.
 2308         (2)(4) The department may by rule establish procedures and
 2309  specify documentation as necessary to implement this section.
 2310         Section 31. Section 429.445, Florida Statutes, is amended
 2311  to read:
 2312         429.445 Compliance with local zoning requirements.—No
 2313  facility licensed under this part may commence any construction
 2314  which will expand the size of the existing structure unless the
 2315  licensee first submits to the agency proof that such
 2316  construction will be in compliance with applicable local zoning
 2317  requirements. Facilities with a licensed capacity of less than
 2318  15 persons shall comply with the provisions of chapter 419.
 2319         Section 32. Section 429.47, Florida Statutes, is amended to
 2320  read:
 2321         429.47 Prohibited acts; penalties for violation.—
 2322         (1) While an assisted living a facility is under
 2323  construction or is seeking licensure, the owner may advertise to
 2324  the public prior to obtaining a license. Facilities that are
 2325  certified under chapter 651 shall comply with the advertising
 2326  provisions of s. 651.095 rather than those provided for in this
 2327  subsection.
 2328         (2) A freestanding facility shall not advertise or imply
 2329  that any part of it is a nursing home. For the purpose of this
 2330  subsection, “freestanding facility” means a facility that is not
 2331  operated in conjunction with a nursing home to which residents
 2332  of the facility are given priority when nursing care is
 2333  required. A person who violates this subsection is subject to
 2334  fine as specified in s. 429.19.
 2335         (2)(3) Any facility that which is affiliated with any
 2336  religious organization or which has a name implying religious
 2337  affiliation shall include in its advertising whether or not it
 2338  is affiliated with any religious organization and, if so, which
 2339  organization.
 2340         (3)(4) A facility licensed under this part which is not
 2341  part of a facility authorized under chapter 651 shall include
 2342  the facility’s license number as given by the agency in all
 2343  advertising. A company or person owning more than one facility
 2344  shall include at least one license number per advertisement. All
 2345  advertising shall include the term “assisted living facility”
 2346  before the license number.
 2347         Section 33. Subsection (1) of section 429.49, Florida
 2348  Statutes, is amended to read:
 2349         429.49 Resident records; penalties for alteration.—
 2350         (1) Any person who fraudulently alters, defaces, or
 2351  falsifies any medical record or any resident’s other record of
 2352  an assisted living facility, or causes or procures any such
 2353  offense to be committed, commits a misdemeanor of the second
 2354  degree, punishable as provided in s. 775.082 or s. 775.083.
 2355         Section 34. Subsections (3), (5), and (8) of section
 2356  429.52, Florida Statutes, are amended, present subsection (11)
 2357  of that section is redesignated as subsection (12), and a new
 2358  subsection (11) is added to that section, read:
 2359         429.52 Staff training and educational programs; core
 2360  educational requirement.—
 2361         (3) Effective January 1, 2004, a new facility administrator
 2362  must complete the required training and education, including the
 2363  competency test, within a reasonable time after being employed
 2364  as an administrator, as determined by the department. Failure to
 2365  do so is a violation of this part and subjects the violator to
 2366  an administrative fine as prescribed in s. 429.19.
 2367  Administrators licensed in accordance with part II of chapter
 2368  468 are exempt from this requirement. Other licensed
 2369  professionals may be exempted, as determined by the department
 2370  by rule.
 2371         (5) Staff involved with the management of medications and
 2372  assisting with the self-administration of medications under s.
 2373  429.256 must complete a minimum of 4 additional hours of
 2374  training provided by a registered nurse, licensed pharmacist, or
 2375  department staff and must complete 2 hours of continuing
 2376  education training annually. The department shall establish by
 2377  rule the minimum requirements of this additional training.
 2378         (8) The department shall adopt rules related to these
 2379  training requirements, the competency test, necessary
 2380  procedures, and competency test fees and shall adopt or contract
 2381  with another entity to develop a curriculum, which shall be used
 2382  as the minimum core training requirements. The department shall
 2383  consult with representatives of stakeholder associations,
 2384  organizations representing assisted living facilities, and
 2385  agencies in the development of the curriculum.
 2386         (11)A training provider certified by the department must
 2387  continue to meet continuing education requirements and other
 2388  standards as set forth in rules adopted by the department. A
 2389  training provider or trainee may be sanctioned pursuant to s.
 2390  430.081 for failing to comply with the standards set forth in
 2391  the rules.
 2392         Section 35. Subsections (1) and (2) of section 429.53,
 2393  Florida Statutes, are amended to read:
 2394         429.53 Consultation by the agency.—
 2395         (1) The area offices of licensure and certification of the
 2396  agency shall provide consultation to the following upon request:
 2397         (a) A licensee of a facility.
 2398         (b) A person interested in obtaining a license to operate a
 2399  facility under this part.
 2400         (2) As used in this section, “consultation” includes:
 2401         (a) An explanation of the requirements of this part and
 2402  rules adopted pursuant thereto;
 2403         (b) An explanation of the license application and renewal
 2404  procedures; and
 2405         (c) The provision of a checklist of general local and state
 2406  approvals required prior to constructing or developing a
 2407  facility and a listing of the types of agencies responsible for
 2408  such approvals;
 2409         (d) An explanation of benefits and financial assistance
 2410  available to a recipient of supplemental security income
 2411  residing in a facility;
 2412         (c)(e) Any other information which the agency deems
 2413  necessary to promote compliance with the requirements of this
 2414  part.; and
 2415         (f) A preconstruction review of a facility to ensure
 2416  compliance with agency rules and this part.
 2417         Section 36. Section 429.54, Florida Statutes, is repealed.
 2418         Section 37. Paragraph (a) of subsection (1) and subsections
 2419  (5) and (6) of section 429.71, Florida Statutes, are amended to
 2420  read:
 2421         429.71 Classification of deficiencies; administrative
 2422  fines.—
 2423         (1) In addition to the requirements of part II of chapter
 2424  408 and in addition to any other liability or penalty provided
 2425  by law, the agency may impose an administrative fine on a
 2426  provider according to the following classification:
 2427         (a) Class I violations are those conditions or practices
 2428  related to the operation and maintenance of an adult family-care
 2429  home or to the care of residents which the agency determines
 2430  present an imminent danger to the residents or guests of the
 2431  adult family-care home facility or a substantial probability
 2432  that death or serious physical or emotional harm would result
 2433  therefrom. The condition or practice that constitutes a class I
 2434  violation must be abated or eliminated within 24 hours, unless a
 2435  fixed period, as determined by the agency, is required for
 2436  correction. A class I violation deficiency is subject to an
 2437  administrative fine in an amount not less than $500 and not
 2438  exceeding $1,000 for each violation. A fine may be levied
 2439  notwithstanding the correction of the violation deficiency.
 2440         (5) As an alternative to or in conjunction with an
 2441  administrative action against a provider, the agency may request
 2442  a plan of corrective action that demonstrates a good faith
 2443  effort to remedy each violation by a specific date, subject to
 2444  the approval of the agency.
 2445         (5)(6) The department shall set forth, by rule, notice
 2446  requirements and procedures for correction of violations
 2447  deficiencies.
 2448         Section 38. Subsection (3) is added to section 429.81,
 2449  Florida Statutes, to read:
 2450         429.81 Residency agreements.—
 2451         (3) Each residency agreement must specify that the resident
 2452  must give the provider a 30 days’ written notice of intent to
 2453  terminate his or her residency from the adult family-care home.
 2454         Section 39. Section 430.081, Florida Statutes, is created
 2455  to read:
 2456         430.081Sanctioning of training providers and trainees.—The
 2457  Department of Elderly Affairs may sanction training providers
 2458  and trainees for infractions involving any required training
 2459  that the department has the authority to regulate under chapter
 2460  400, chapter 429, or chapter 430 in order to ensure that such
 2461  training providers and trainees satisfy specific qualification
 2462  requirements and adhere to training curricula that is approved
 2463  by the department. Training infractions include, but are not
 2464  limited to, falsification of training records, falsification of
 2465  training certificates, falsification of a training provider’s
 2466  qualifications, failure to adhere to the required number of
 2467  training hours, failure to use the required curriculum, failure
 2468  to maintain the continuing education for the training provider’s
 2469  recertification, failure to obtain reapproval of a curriculum
 2470  when required, providing false or inaccurate information,
 2471  misrepresentation of the required materials, and use of a false
 2472  identification as a training provider or trainee. Sanctions may
 2473  be progressive in nature and may consist of corrective action
 2474  measures; suspension or termination from participation as an
 2475  approved training provider or trainee, including sitting for any
 2476  required examination; and administrative fines not to exceed
 2477  $1,000 per incident. One or more sanctions may be levied per
 2478  incident.
 2479         Section 40. Paragraph (j) is added to subsection (3) of
 2480  section 817.505, Florida Statutes, to read:
 2481         817.505 Patient brokering prohibited; exceptions;
 2482  penalties.—
 2483         (3) This section shall not apply to:
 2484         (j) Any payments by an assisted living facility, as defined
 2485  in s. 429.02, which are permitted under s. 429.195(3).
 2486         Section 41. Licensure fees adjusted by consumer price index
 2487  increases prior to this act are not intended to be reset by this
 2488  act and may continue to accrue as authorized in law.
 2489         Section 42. This act shall take effect July 1, 2011.