Florida Senate - 2011                (Corrected Copy)    SB 1458
       
       
       
       By Senator Garcia
       
       
       
       
       40-01450C-11                                          20111458__
    1                        A bill to be entitled                      
    2         An act relating to assisted living communities;
    3         amending s. 400.141, F.S.; revising licensing
    4         requirements for registered pharmacists under contract
    5         with a nursing home and related health care
    6         facilities; amending ss. 408.802, 408.806, 408.820,
    7         408.831, and 408.832, F.S.; revising applicability of
    8         part II of ch. 408, F.S., relating to health care
    9         licensing procedures; creating part I of ch. 429,
   10         F.S., the “Assisted Care Communities Licensing
   11         Procedures Act”; creating s. 429.001, F.S.; providing
   12         a short title and providing purpose; creating s.
   13         429.002, F.S.; providing definitions; creating s.
   14         429.003, F.S.; requiring providers to have and display
   15         a license; providing limitations; creating s. 429.004,
   16         F.S.; establishing license fees and conditions for
   17         assessment thereof; providing a method for calculating
   18         annual adjustment of fees; providing for inspection
   19         fees; providing that fees are nonrefundable; limiting
   20         the total amount of fees that may be collected;
   21         creating s. 429.005, F.S.; providing a license
   22         application process; requiring specified information
   23         to be included on the application; requiring payment
   24         of late fees under certain circumstances; requiring
   25         inspections; providing an exception; authorizing the
   26         Agency for Health Care Administration to establish
   27         procedures and rules for electronic transmission of
   28         required information; creating s. 429.006, F.S.;
   29         providing procedures for change of ownership;
   30         requiring the transferor to notify the agency in
   31         writing within a specified time period; providing for
   32         duties and liability of the transferor; providing for
   33         maintenance of certain records; creating s. 429.007,
   34         F.S.; providing license categories and requirements
   35         therefor; creating s. 429.008, F.S.; requiring
   36         background screening of specified employees; providing
   37         for submission of proof of compliance under certain
   38         circumstances; providing conditions for granting
   39         provisional and standard licenses; providing an
   40         exception to screening requirements; creating s.
   41         429.009, F.S.; providing minimum licensure
   42         requirements; providing procedures for discontinuance
   43         of operation and surrender of license; requiring
   44         forwarding of client records; requiring publication of
   45         a notice of discontinuance of operation of a licensee;
   46         providing for statewide toll-free telephone numbers
   47         for reporting complaints and abusive, neglectful, and
   48         exploitative practices; requiring proof of legal right
   49         to occupy property, proof of insurance, and proof of
   50         financial viability, under certain circumstances;
   51         requiring disclosure of information relating to
   52         financial instability; providing a penalty; creating
   53         s. 429.0105, F.S.; providing for inspections and
   54         investigations to determine compliance; providing that
   55         inspection reports are public records; requiring
   56         retention of records for a specified period of time;
   57         creating s. 429.011, F.S.; prohibiting certain
   58         unlicensed activity by a person or entity operating or
   59         maintaining an assisted care community; requiring an
   60         unlicensed person or entity to cease activity;
   61         providing penalties; requiring reporting of unlicensed
   62         activity; creating s. 429.012, F.S.; authorizing the
   63         agency to impose administrative fines; creating s.
   64         429.013, F.S.; providing conditions for the agency to
   65         impose a moratorium or emergency suspension on a
   66         licensee; requiring notice; creating s. 429.014, F.S.;
   67         providing grounds for denial or revocation of a
   68         license or change-of-ownership application; providing
   69         conditions to continue operation; exempting renewal
   70         applications from provisions requiring the agency to
   71         approve or deny an application within a specified
   72         period of time, under certain circumstances; creating
   73         s. 429.015, F.S.; authorizing the agency to institute
   74         injunction proceedings, under certain circumstances;
   75         creating s. 429.016, F.S.; providing basis for review
   76         of administrative proceedings challenging agency
   77         licensure enforcement action; creating s. 429.017,
   78         F.S.; authorizing the Department of Elderly Affairs to
   79         adopt rules; providing a timeframe for compliance;
   80         creating s. 429.018, F.S.; requiring a licensee to
   81         have an emergency operations plan; authorizing a
   82         licensee to temporarily exceed licensed capacity under
   83         emergency conditions for a specified period of time;
   84         requiring agency approval of overcapacity requests
   85         under certain circumstances; authorizing the agency to
   86         issue an inactive license in certain locations under
   87         specified conditions; requiring the licensee to
   88         provide notice to residents; authorizing the
   89         department to adopt rules relating to emergency
   90         management and to report that information to the
   91         agency; creating s. 429.019, F.S.; providing grounds
   92         for denial or revocation of a license or change-of
   93         ownership application; providing conditions to
   94         continue operation; exempting renewal applications
   95         from provisions requiring the agency to approve or
   96         deny an application within a specified period of time,
   97         under certain circumstances; amending s. 429.01, F.S.;
   98         creating the “Assisted Living Residences Act”;
   99         revising the purpose of the act; amending s. 429.02,
  100         F.S.; providing, revising, and deleting definitions;
  101         amending ss. 429.04, 429.07, 429.075, 429.08, 429.11,
  102         and 429.17, F.S.; revising provisions relating to
  103         licensing of assisted living residences; conforming
  104         terminology and references; amending s. 429.12, F.S.;
  105         revising provisions relating to the sale or transfer
  106         of ownership of an assisted living residence; amending
  107         s. 429.14, F.S.; revising provisions relating to
  108         administrative penalties; amending s. 429.174, F.S.;
  109         providing applicability of background screening of
  110         personnel; amending ss. 429.177, 429.18, 429.20,
  111         429.22, 429.24, 429.44, 429.47, and 429.49, F.S.;
  112         conforming references; amending s. 429.178, F.S.;
  113         providing safety requirements for residences serving
  114         persons with Alzheimer’s disease or other related
  115         disorders; repealing a provision relating to a
  116         facility’s responsibility for the payment of certain
  117         training fees; amending s. 429.19, F.S.; revising
  118         Agency for Health Care Administration procedures for
  119         the imposition of fines for violations of ch. 429,
  120         F.S.; amending s. 429.195, F.S.; permitting the
  121         licensee of an assisted living residences to provide
  122         monetary rewards to residents who refer certain
  123         individuals to the residence; amending s. 429.23,
  124         F.S.; revising adverse incidents reporting
  125         requirements; amending s. 429.255, F.S.; permitting
  126         certain licensed persons to provide limited nursing
  127         services; deleting rulemaking authority of the
  128         Department of Elderly Affairs with regard to
  129         cardiopulmonary resuscitation in assisted living
  130         residences; repealing s. 1 of chapter 2010-200, Laws
  131         of Florida, which provides for future implementation
  132         of provisions relating to the use of automated
  133         external defibrillators in assisted living facilities;
  134         amending s. 429.256, F.S.; providing additional
  135         guidelines for the assistance with self-administration
  136         of medication; amending s. 429.26, F.S.; removing a
  137         requirement that a facility notify a licensed
  138         physician when a resident exhibits certain signs of
  139         dementia, cognitive impairment, or change of
  140         condition; revising the persons who are authorized to
  141         notify a resident’s case manager about examining the
  142         resident; amending s. 429.27, F.S.; revising
  143         provisions relating to the property and personal
  144         effects of residents; amending s. 429.275, F.S.;
  145         removing rulemaking authority of the Department of
  146         Elderly Affairs over financial records, personnel
  147         procedures, accounting procedures, reporting
  148         procedures, and insurance coverage for residents of
  149         assisted living residences; amending s. 429.28, F.S.,
  150         relating to the resident bill of rights; revising
  151         provisions relating to termination of residency;
  152         removing responsibilities of the agency for conducting
  153         compliance surveys and complaint investigations;
  154         amending s. 429.293, F.S.; permitting the use of an
  155         arbitration process to resolve a resident’s claim of a
  156         rights violation or negligence; amending s. 429.294,
  157         F.S.; authorizing the release of copies of a
  158         resident’s records to specified persons under certain
  159         conditions; providing limits on the frequency of the
  160         release of such records; amending s. 429.298, F.S.;
  161         providing limits on the amount of punitive damages;
  162         removing a provision that provides for a criminal
  163         investigation with a finding of liability for punitive
  164         damages; removing a provision that provides for
  165         admissibility of findings in subsequent civil and
  166         criminal actions; providing that the punitive damages
  167         awarded are divided between the claimant and the
  168         Health Care Trust Fund rather than the Quality of
  169         Long-Term Care Facility Improvement Trust Fund;
  170         revising the percentages of the division of the
  171         settlement amount; amending s. 429.31, F.S.; revising
  172         responsibilities of an administrator for providing
  173         notice of the closing of an assisted living residence;
  174         amending s. 429.34, F.S.; removing authorization for
  175         state and local long-term care ombudsman councils to
  176         enter and inspect residences; amending s. 429.35,
  177         F.S.; removing requirement that the agency forward
  178         results of residence inspections to certain entities;
  179         amending s. 429.41, F.S.; revising rulemaking
  180         authority regarding resident care and maintenance of
  181         residences; conforming terminology to changes made by
  182         the act; amending s. 429.42, F.S.; revising provisions
  183         relating to pharmacy services; amending s. 429.445,
  184         F.S.; removing a requirement that assisted living
  185         residences submit certain information to the agency
  186         prior to commencing construction to expand the
  187         residence; amending s. 429.52, F.S.; revising training
  188         and education requirements for certain administrators,
  189         residence staff, and other licensed professionals;
  190         requiring trainers certified by the department to meet
  191         continuing education requirements and standards;
  192         providing conditions for suspension or revocation of a
  193         trainer’s certificate; amending s. 429.53, F.S.;
  194         removing provisions relating to preconstruction
  195         approvals and reviews and agency consultations;
  196         repealing s. 429.54, F.S., relating to the collection
  197         of information regarding the actual cost of providing
  198         services in assisted living facilities and local
  199         subsidies; amending s. 429.65, F.S.; revising and
  200         deleting definitions; amending ss. 429.67 and 429.69,
  201         F.S.; revising licensure requirements for adult
  202         family-care homes; amending s. 429.71, F.S.; removing
  203         a provision authorizing the agency to request a plan
  204         to remedy violations by adult family-care homes;
  205         amending s. 429.73, F.S.; removing agency rulemaking
  206         authority over adult family-care homes; amending ss.
  207         429.75, 429.83, 429.85, 429.87, 429.905, 429.907,
  208         429.909, 429.913, 429.919, 429.925, and 429.927, F.S.;
  209         conforming terminology and references; amending s.
  210         429.81, F.S.; specifying that residency agreements
  211         require a resident to provide 30 days’ written notice
  212         of intent to terminate residency; amending s. 429.901,
  213         F.S.; removing definitions; amending s. 429.911, F.S.;
  214         revising provisions relating to the denial,
  215         suspension, and revocation of adult day care center
  216         licenses; amending s. 429.915, F.S.; revising
  217         provisions relating to conditional licenses to remove
  218         a requirement for a plan of correction to accompany
  219         the license; amending s. 429.917, F.S.; conforming
  220         references; removing a training requirement; creating
  221         s. 429.926, F.S.; providing an exemption from
  222         applicability of certain minimum licensure
  223         requirements to adult day care centers; amending s.
  224         429.929, F.S.; removing agency rulemaking authority
  225         over adult daycare centers; conforming a cross
  226         reference; amending ss. 101.62, 101.655, 159.27,
  227         196.1975, 202.125, 205.1965, 252.357, 252.385, 380.06,
  228         381.006, 381.0072, 381.0303, 394.455, 394.4574,
  229         394.462, 394.4625, 394.75, 394.9082, 400.0060,
  230         400.0069, 400.0074, 400.0239, 400.148, 400.1755,
  231         400.464, 400.471, 400.474, 400.497, 400.506, 400.6045,
  232         400.605, 400.609, 400.701, 400.925, 400.93, 405.01,
  233         408.033, 409.212, 409.221, 409.906, 409.907, 409.912,
  234         410.031, 410.034, 410.502, 415.102, 415.1034,
  235         415.1051, 415.107, 420.626, 430.071, 430.601, 456.053,
  236         458.348, 459.025, 468.1695, 468.505, 553.73,
  237         627.94073, 633.021, 633.022, 641.31, 651.083, 825.101,
  238         893.055, and 893.13, F.S.; conforming cross
  239         references; providing an effective date.
  240  
  241  Be It Enacted by the Legislature of the State of Florida:
  242  
  243         Section 1. Paragraph (d) of subsection (1) of section
  244  400.141, Florida Statutes, is amended to read:
  245         400.141 Administration and management of nursing home
  246  facilities.—
  247         (1) Every licensed facility shall comply with all
  248  applicable standards and rules of the agency and shall:
  249         (d) Provide for resident use of a community pharmacy as
  250  specified in s. 400.022(1)(q). Any other law to the contrary
  251  notwithstanding, a registered pharmacist licensed in Florida,
  252  that is under contract with a facility licensed under this
  253  chapter or chapter 429, shall repackage a nursing facility
  254  resident’s bulk prescription medication which has been packaged
  255  by another pharmacist licensed in any state in the United States
  256  into a unit dose system compatible with the system used by the
  257  nursing facility, if the pharmacist is requested to offer such
  258  service. In order to be eligible for the repackaging, a resident
  259  or the resident’s spouse must receive prescription medication
  260  benefits provided through a former employer as part of his or
  261  her retirement benefits, a qualified pension plan as specified
  262  in s. 4972 of the Internal Revenue Code, a federal retirement
  263  program as specified under 5 C.F.R. s. 831, or a long-term care
  264  policy as defined in s. 627.9404(1). A pharmacist who correctly
  265  repackages and relabels the medication and the nursing facility
  266  which correctly administers such repackaged medication under
  267  this paragraph may not be held liable in any civil or
  268  administrative action arising from the repackaging. In order to
  269  be eligible for the repackaging, a nursing facility resident for
  270  whom the medication is to be repackaged shall sign an informed
  271  consent form provided by the facility which includes an
  272  explanation of the repackaging process and which notifies the
  273  resident of the immunities from liability provided in this
  274  paragraph. A pharmacist who repackages and relabels prescription
  275  medications, as authorized under this paragraph, may charge a
  276  reasonable fee for costs resulting from the implementation of
  277  this provision.
  278         Section 2. Present subsections (15) through (30) of section
  279  408.802, Florida Statutes, are renumbered as subsections (14)
  280  through (27), respectively, and subsections (14), (18), and (20)
  281  of that section, are amended to read:
  282         408.802 Applicability.—The provisions of this part apply to
  283  the provision of services that require licensure as defined in
  284  this part and to the following entities licensed, registered, or
  285  certified by the agency, as described in chapters 112, 383, 390,
  286  394, 395, 400, 429, 440, 483, and 765:
  287         (14) Assisted living facilities, as provided under part I
  288  of chapter 429.
  289         (18) Adult day care centers, as provided under part III of
  290  chapter 429.
  291         (20) Adult family-care homes, as provided under part II of
  292  chapter 429.
  293         Section 3. Paragraph (c) of subsection (7) of section
  294  408.806, Florida Statutes, is amended to read:
  295         408.806 License application process.—
  296         (7)
  297         (c) If an inspection is required by the authorizing statute
  298  for a license application other than an initial application, the
  299  inspection must be unannounced. This paragraph does not apply to
  300  inspections required pursuant to ss. 383.324, 395.0161(4),
  301  429.67(6), and 483.061(2).
  302         Section 4. Present subsections (14) through (28) of section
  303  408.820, Florida Statutes, are renumbered as subsections (13)
  304  through (25), respectively, and subsections (13), (17), and (18)
  305  of that section, are amended to read:
  306         408.820 Exemptions.—Except as prescribed in authorizing
  307  statutes, the following exemptions shall apply to specified
  308  requirements of this part:
  309         (13) Assisted living facilities, as provided under part I
  310  of chapter 429, are exempt from s. 408.810(10).
  311         (17) Adult day care centers, as provided under part III of
  312  chapter 429, are exempt from s. 408.810(10).
  313         (18) Adult family-care homes, as provided under part II of
  314  chapter 429, are exempt from s. 408.810(7)-(10).
  315         Section 5. Subsection (3) of section 408.831, Florida
  316  Statutes, is amended to read:
  317         408.831 Denial, suspension, or revocation of a license,
  318  registration, certificate, or application.—
  319         (3) This section provides standards of enforcement
  320  applicable to all entities licensed or regulated by the Agency
  321  for Health Care Administration. This section controls over any
  322  conflicting provisions of chapters 39, 383, 390, 391, 394, 395,
  323  400, 408, 429, 468, 483, and 765 or rules adopted pursuant to
  324  those chapters.
  325         Section 6. Section 408.832, Florida Statutes, is amended to
  326  read:
  327         408.832 Conflicts.—In case of conflict between the
  328  provisions of this part and the authorizing statutes governing
  329  the licensure of health care providers by the Agency for Health
  330  Care Administration found in s. 112.0455 and chapters 383, 390,
  331  394, 395, 400, 429, 440, 483, and 765, the provisions of this
  332  part shall prevail.
  333         Section 7. Part I of chapter 429, Florida Statutes,
  334  consisting of sections 429.01, 429.02, 429.04, 429.07, 429.075,
  335  429.08, 429.11, 429.12, 429.14, 429.17, 429.174, 429.176,
  336  429.177, 429.178, 429.18, 429.19, 429.195, 429.20, 429.22,
  337  429.23, 429.24, 429.255, 429.256, 429.26, 429.27, 429.275,
  338  429.28, 429.29, 429.293, 429.294, 429.295, 429.296, 429.297,
  339  429.298, 429.31, 429.34, 429.35, 429.41, 429.42, 429.44,
  340  429.445, 429.47, 429.49, 429.52, 429.53, and 429.54, Florida
  341  Statutes, and entitled “ASSISTED LIVING FACILITIES,” is
  342  designated as part II of chapter 429, Florida Statutes, and
  343  renamed “ASSISTED LIVING RESIDENCES.”
  344         Section 8. Part II of chapter 429, Florida Statutes,
  345  consisting of sections 429.60, 429.63, 429.65, 429.67, 429.69,
  346  429.71, 429.73, 429.75, 429.81, 429.83, 429.85, and 429.87,
  347  Florida Statutes, is designated as part III of chapter 429,
  348  Florida Statutes, and entitled “ADULT FAMILY-CARE HOMES.”
  349         Section 9. Part III of chapter 429, Florida Statutes,
  350  consisting of sections 429.90, 429.901, 429.903, 429.905,
  351  429.907, 429.909, 429.911, 429.913, 429.915, 429.917, 429.919,
  352  429.925, 429.927, 429.929, and 429.931, Florida Statutes, is
  353  designated as part IV of chapter 429, Florida Statutes, and
  354  entitled “ADULT DAY CARE CENTERS.”
  355         Section 10. Sections 429.001, 429.002, 429.003, 429.004,
  356  429.005, 429.006, 429.007, 429.008, 429.009, 429.0105, 429.011,
  357  429.012, 429.013, 429.014, 429.015, 429.016, 429.017, 429.018,
  358  and 429.019, Florida Statutes, are designated as part I of
  359  chapter 429, Florida Statutes, entitled the “ASSISTED CARE
  360  COMMUNITIES LICENSING PROCEDURE ACT,” and created to read:
  361         429.001 Short title; purpose.—
  362         (1) This part may be cited as the “Assisted Care
  363  Communities Licensing Procedures Act.”
  364         (2) The Legislature finds that assisted care communities
  365  provide appropriate services for elderly persons and adults in
  366  need of assistance with activities of daily living and allow
  367  those persons to remain in their own homes or reside in a
  368  residential homelike environment that is a community-based
  369  social model with a health component rather than a medical or
  370  nursing home facility. The Legislature further finds that the
  371  goal of assisted care communities is to maximize a person’s
  372  dignity and independence and to support the person’s ability to
  373  remain in a familiar, nonmedical, residential homelike setting
  374  for as long as is appropriate. Therefore, the Legislature
  375  intends that assisted care communities be operated as
  376  residential homelike environments with supportive services and
  377  not as medical or nursing facilities and, as such, should not be
  378  subject to the same regulations as medical or nursing facilities
  379  but instead should be regulated in a less restrictive manner
  380  that is appropriate for a residential, noninstitutional,
  381  nonmedical setting.
  382         429.002 Definitions.—As used in this part, the term:
  383         (1) “Agency” means the Agency for Health Care
  384  Administration, which is the licensing agency under this
  385  chapter.
  386         (2) “Applicant” means an individual, corporation,
  387  partnership, firm, association, or governmental entity that
  388  submits an application for a license to the agency.
  389         (3) “Assisted care community” means an assisted living
  390  residence, adult family-care home, or adult day care center as
  391  defined under this chapter.
  392         (4) “Change of ownership” means:
  393         (a) An event in which the licensee sells or otherwise
  394  transfers its ownership to a different individual or entity as
  395  evidenced by a change in federal employer identification number
  396  or taxpayer identification number; or
  397         (b) An event in which 51 percent or more of the ownership,
  398  shares, membership, or controlling interest of a licensee is in
  399  any manner transferred or otherwise assigned. This paragraph
  400  does not apply to a licensee that is publicly traded on a
  401  recognized stock exchange.
  402         (5) “Controlling interest” means:
  403         (a) The applicant or licensee; or
  404         (b) A person or entity that has a 51-percent or greater
  405  ownership interest in the applicant or licensee.
  406         (6) “Department” means the Department of Elderly Affairs.
  407         (7) “License” means any license issued by the agency under
  408  this chapter.
  409         (8) “Licensee” means an individual, corporation,
  410  partnership, firm, association, governmental entity, or other
  411  entity that is issued a license by the agency. The licensee is
  412  legally responsible for all aspects of the licensee’s operation
  413  regulated by the agency under this chapter.
  414         (9) “Moratorium” means a prohibition on the acceptance of
  415  new admissions.
  416         (10) “Participant” means a recipient of basic services or
  417  supportive and optional services provided by an adult day care
  418  center under part IV.
  419         (11) “Resident” means a person residing in and receiving
  420  care from an assisted living residence under part II or an adult
  421  family-care home under part III.
  422         429.003 License required; display.—
  423         (1) It is unlawful to operate an assisted care community
  424  without first obtaining a license from the agency.
  425         (2) The license must be displayed in a conspicuous place
  426  readily visible to the public who enter at the address that
  427  appears on the license and is valid only in the hands of the
  428  licensee to whom it is issued and may not be sold, assigned, or
  429  otherwise transferred, voluntarily or involuntarily. The license
  430  is valid only for the licensee and the location for which the
  431  license is issued.
  432         429.004 Fees required; adjustments.—License fees must be
  433  reasonably calculated by the agency to cover its costs in
  434  carrying out its responsibilities under this chapter and
  435  applicable rules, including the cost of licensure, inspection,
  436  and regulation of assisted care communities.
  437         (1) License fees shall be adjusted to provide for biennial
  438  licensure under agency rules.
  439         (2) The agency shall annually adjust license fees,
  440  including fees paid per bed, by not more than the change in the
  441  Consumer Price Index based on the 12 months immediately
  442  preceding the increase.
  443         (3) License fees are nonrefundable.
  444         (4) When a change is reported that requires issuance of a
  445  license, a fee may be assessed. The fee must be based on the
  446  actual cost of processing and issuing the license.
  447         (5) The agency may charge a fee when a licensee requests a
  448  duplicate license. The fee may not exceed the actual cost of
  449  duplication and postage and may not exceed $25.
  450         (6) Total fees collected may not exceed the cost of
  451  administering this chapter and applicable rules.
  452         429.005 License application process.—
  453         (1) An application for licensure must be made to the agency
  454  on forms furnished by the agency, submitted under oath, and
  455  accompanied by the appropriate fee in order to be accepted and
  456  considered timely. The application must contain information
  457  required by this chapter and applicable rules and must include:
  458         (a) The name, address, and social security number of:
  459         1. The applicant;
  460         2. The administrator or a similarly titled person who is
  461  responsible for the day-to-day operation of the assisted care
  462  community;
  463         3. The financial officer or similarly titled person who is
  464  responsible for the financial operation of the assisted care
  465  community; and
  466         4. Each controlling interest if the applicant or
  467  controlling interest is an individual.
  468         (b) The name, address, and federal employer identification
  469  number or taxpayer identification number of the applicant and
  470  each controlling interest if the applicant or controlling
  471  interest is not an individual.
  472         (c) The name by which the assisted care community is to be
  473  known.
  474         (d) The total number of beds or capacity requested, as
  475  applicable.
  476         (e) The name of the person or persons under whose
  477  management or supervision the licensee will operate and the name
  478  of the administrator, if required.
  479         (f) If the applicant offers continuing care agreements as
  480  defined in chapter 651, proof shall be furnished that the
  481  applicant has obtained a certificate of authority as required
  482  for operation under chapter 651.
  483         (g) Other information, including satisfactory inspection
  484  results, that the agency finds necessary to determine the
  485  ability of the applicant to carry out its responsibilities under
  486  this part, and applicable rules.
  487         (h) An affidavit, under penalty of perjury, as required in
  488  s. 435.05(3), stating compliance with the provisions of this
  489  section and chapter 435.
  490         (2)(a) The applicant for a renewal license must submit an
  491  application that must be received by the agency at least 60 days
  492  but no more than 120 days before the expiration of the current
  493  license. An application received more than 120 days before the
  494  expiration of the current license shall be returned to the
  495  applicant. If the renewal application and fee are received
  496  before the license expiration date, the license shall not be
  497  deemed to have expired if the license expiration date occurs
  498  during the agency’s review of the renewal application.
  499         (b) The applicant for initial licensure due to a change of
  500  ownership must submit an application that must be received by
  501  the agency at least 60 days before the date of change of
  502  ownership.
  503         (c) For any other application or request, the applicant
  504  must submit an application or request that must be received by
  505  the agency at least 60 days but no more than 120 days before the
  506  requested effective date, unless otherwise specified in this
  507  chapter or applicable rules. An application received more than
  508  120 days before the requested effective date shall be returned
  509  to the applicant.
  510         (d) The agency shall notify the licensee by mail or
  511  electronically at least 90 days before the expiration of a
  512  license that a renewal license is necessary to continue
  513  operation. The failure to timely submit a renewal application
  514  and license fee shall result in a $50 per day late fee charged
  515  to the licensee by the agency; however, the aggregate amount of
  516  the late fee may not exceed 50 percent of the licensure fee or
  517  $500, whichever is less. If an application is received after the
  518  required filing date and exhibits a hand-canceled postmark
  519  obtained from a United States post office dated on or before the
  520  required filing date, no fine will be levied.
  521         (3)(a) Upon receipt of an application for a license, the
  522  agency shall examine the application and, within 30 days after
  523  receipt, notify the applicant in writing or electronically of
  524  any apparent errors or omissions and request any additional
  525  information required.
  526         (b) Requested information omitted from an application for
  527  licensure, license renewal, or change of ownership, other than
  528  an inspection, must be filed with the agency within 21 days
  529  after the agency’s request for omitted information or the
  530  application shall be deemed incomplete and shall be withdrawn
  531  from further consideration and the fees shall be forfeited.
  532         (c) Within 60 days after the receipt of a complete
  533  application, the agency shall approve or deny the application.
  534         (4)(a) Licensees subject to the provisions of this part
  535  shall be issued biennial licenses unless conditions of the
  536  license category specify a shorter license period.
  537         (b) Each license issued shall indicate the name of the
  538  licensee, the license type, the date the license is effective,
  539  the expiration date of the license, and the maximum capacity of
  540  the assisted care community.
  541         (5) In accordance with this chapter and applicable rules,
  542  proof of compliance with s. 429.009 must be submitted with an
  543  application for licensure.
  544         (6)(a) An applicant must demonstrate compliance with the
  545  requirements in this chapter and applicable rules during an
  546  inspection pursuant to s. 429.0105, as required by part II, part
  547  III, or part IV.
  548         (b) If an inspection is required under this chapter for a
  549  license application other than an initial application, the
  550  inspection must be unannounced. This paragraph does not apply to
  551  inspections required pursuant to s. 429.67(6).
  552         (c) If a licensee is not available when an inspection is
  553  attempted, the application shall be denied. This paragraph does
  554  not apply to inspections required pursuant to s. 429.67(6).
  555         (7) The agency may establish procedures for the electronic
  556  notification and submission of required information, including,
  557  but not limited to:
  558         (a) Licensure applications.
  559         (b) Required signatures.
  560         (c) Payment of fees.
  561         (d) Notarization of applications.
  562         429.006 Change of ownership.—Whenever a change of ownership
  563  occurs:
  564         (1) The transferor shall notify the agency in writing at
  565  least 60 days before the anticipated date of the change of
  566  ownership.
  567         (2) The transferee shall make application to the agency for
  568  a license within the timeframes required in s. 429.005.
  569         (3) The transferor shall be responsible and liable for:
  570         (a) The lawful operation of the licensee and the welfare of
  571  the residents served until the date the transferee is licensed
  572  by the agency.
  573         (b) Any and all penalties imposed against the transferor
  574  for violations occurring before the date of change of ownership.
  575         (4) Any restriction on licensure, including a conditional
  576  license existing at the time of a change of ownership, shall
  577  remain in effect until the agency determines that the grounds
  578  for the restriction are corrected.
  579         (5) The transferee shall maintain records of the transferor
  580  as required under this chapter and applicable rules, including:
  581         (a) All resident and participant records.
  582         (b) Inspection reports.
  583         (c) All records required to be maintained pursuant to s.
  584  409.913, if applicable.
  585         429.007 License categories.—
  586         (1) STANDARD LICENSE.—A standard license may be issued to
  587  an applicant at the time of initial licensure, license renewal,
  588  or change of ownership. A standard license shall be issued when
  589  the applicant is in compliance with all statutory requirements
  590  and agency rules. Unless sooner revoked, a standard license
  591  expires 2 years after the date of issue.
  592         (2) PROVISIONAL LICENSE.—A provisional license shall be
  593  issued to an applicant applying for an initial license or for a
  594  change of ownership. A provisional license must be limited in
  595  duration to a specific period of time, up to 6 months, as
  596  determined by the agency.
  597         (3) INACTIVE LICENSES.—A licensee may submit a request to
  598  the agency for an inactive license or to extend a previously
  599  approved inactive period. Such request must include a written
  600  justification for the inactive license with the beginning and
  601  ending dates of inactivity specified, a plan for the transfer of
  602  any residents, and the appropriate licensure fees. The agency
  603  may not accept a request that is submitted after initiating
  604  closure, after any suspension of service, or after notifying
  605  residents of closure or suspension of service, unless the action
  606  is a result of a disaster at the licensed premises. For the
  607  purposes of this section, the term “disaster” means a sudden
  608  emergency occurrence beyond the control of the licensee, whether
  609  natural, technological, or manmade, which renders the licensee
  610  inoperable at the premises. Upon agency approval, the licensee
  611  shall notify residents of any necessary discharge or transfer as
  612  required by part II or part III or applicable rules. The
  613  beginning of the inactive license period is the date the
  614  licensee ceases operations. The end of the inactive license
  615  period shall become the license expiration date. All licensure
  616  fees must be current, must be paid in full, and may be prorated.
  617  Reactivation of an inactive license requires the approval of a
  618  renewal application, including payment of licensure fees and
  619  agency inspections indicating compliance with all requirements
  620  of this part, parts II and III, and applicable rules.
  621         (4)TEMPORARY LICENSE.An applicant against whom a
  622  proceeding denying, suspending, or revoking a license is pending
  623  at the time of license renewal shall be issued a temporary
  624  license effective until final action not subject to further
  625  appeal.
  626         (5) OTHER LICENSES.—Other types of license categories may
  627  be issued pursuant to this chapter or applicable rules.
  628         429.008 Background screening; prohibited offenses.—
  629         (1) Level 2 background screening pursuant to chapter 435
  630  must be conducted through the agency on each of the following
  631  persons, who are considered staff members or employees for the
  632  purposes of conducting screening under chapter 435:
  633         (a) The licensee, if an individual.
  634         (b) The administrator or a similarly titled person who is
  635  responsible for the day-to-day operation of the assisted living
  636  community licensed pursuant to this chapter.
  637         (c) The financial officer or similarly titled individual
  638  who is responsible for the financial operation of the licensee.
  639         (d) Any person who is a controlling interest who has been
  640  convicted of any offense prohibited by s. 435.04. The licensee
  641  shall submit to the agency a description and explanation of the
  642  conviction when applying for a license.
  643         (e) Any person, as required by this chapter, seeking
  644  employment with a licensee who is expected to, or whose
  645  responsibilities may require him or her to, provide personal
  646  care or services directly to residents or have access to
  647  resident funds, personal property, or living areas; and any
  648  person, as required by this chapter, contracting with a licensee
  649  whose responsibilities require him or her to provide personal
  650  care or personal services directly to residents. Evidence of
  651  contractor screening may be retained by the contractor’s
  652  employer or the licensee.
  653         (2) Every 5 years after his or her licensure, employment,
  654  or entry into a contract in a capacity that under subsection (1)
  655  would require level 2 background screening under chapter 435,
  656  each such person must submit to level 2 background rescreening
  657  as a condition of retaining such license or continuing in such
  658  employment or contractual status. For any such rescreening, the
  659  agency shall request the Department of Law Enforcement to
  660  forward the person’s fingerprints to the Federal Bureau of
  661  Investigation for a national criminal history record check. If
  662  the fingerprints of such a person are not retained by the
  663  Department of Law Enforcement under s. 943.05(2)(g), the person
  664  must file a complete set of fingerprints with the agency and the
  665  agency shall forward the fingerprints to the Department of Law
  666  Enforcement for state processing, and the Department of Law
  667  Enforcement shall forward the fingerprints to the Federal Bureau
  668  of Investigation for a national criminal history record check.
  669  The fingerprints may be retained by the Department of Law
  670  Enforcement under s. 943.05(2)(g). Proof of compliance with
  671  level 2 screening standards submitted within the previous 5
  672  years to meet any licensee or professional licensure
  673  requirements of the agency, the Department of Health, the Agency
  674  for Persons with Disabilities, the Department of Children and
  675  Family Services, or the Department of Financial Services for an
  676  applicant for a certificate of authority or provisional
  677  certificate of authority to operate a continuing care retirement
  678  community under chapter 651 satisfies the requirements of this
  679  section if the person subject to screening has not been
  680  unemployed for more than 90 days and such proof is accompanied,
  681  under penalty of perjury, by an affidavit of compliance with the
  682  provisions of chapter 435 and this section using forms provided
  683  by the agency.
  684         (3) All fingerprints must be provided in electronic format.
  685  Screening results shall be reviewed by the agency with respect
  686  to the offenses specified in s. 435.04 and this section, and the
  687  qualifying or disqualifying status of the person named in the
  688  request shall be maintained in a database. The qualifying or
  689  disqualifying status of the person named in the request shall be
  690  posted on a secure website for retrieval by the licensee or
  691  designated agent on the licensee’s behalf.
  692         (4) In addition to the offenses listed in s. 435.04, all
  693  persons required to undergo background screening pursuant to
  694  this chapter must not have an arrest awaiting final disposition
  695  for, must not have been found guilty of, regardless of
  696  adjudication, or entered a plea of guilty to, and must not have
  697  been adjudicated delinquent and the record must not have been
  698  sealed or expunged for any of the following offenses or any
  699  similar offense of another jurisdiction:
  700         (a) This chapter, if the offense was a felony.
  701         (b) Section 409.920, relating to Medicaid provider fraud.
  702         (c) Section 409.9201, relating to Medicaid fraud.
  703         (d) Section 741.28, relating to domestic violence.
  704         (e) Section 817.034, relating to fraudulent acts through
  705  mail, wire, radio, electromagnetic, photoelectronic, or
  706  photooptical systems.
  707         (f) Section 817.234, relating to false and fraudulent
  708  insurance claims.
  709         (g) Section 817.505, relating to patient brokering.
  710         (h) Section 817.568, relating to criminal use of personal
  711  identification information.
  712         (i) Section 817.60, relating to obtaining a credit card
  713  through fraudulent means.
  714         (j) Section 817.61, relating to fraudulent use of credit
  715  cards, if the offense was a felony.
  716         (k) Section 831.01, relating to forgery.
  717         (l) Section 831.02, relating to uttering forged
  718  instruments.
  719         (m) Section 831.07, relating to forging bank bills, checks,
  720  drafts, or promissory notes.
  721         (n) Section 831.09, relating to uttering forged bank bills,
  722  checks, drafts, or promissory notes.
  723         (o) Section 831.30, relating to fraud in obtaining
  724  medicinal drugs.
  725         (p) Section 831.31, relating to the sale, manufacture,
  726  delivery, or possession with the intent to sell, manufacture, or
  727  deliver any counterfeit controlled substance, if the offense was
  728  a felony.
  729  
  730  A person who serves as a controlling interest of, is employed
  731  by, or contracts with a licensee on July 31, 2011, who has been
  732  screened and qualified according to standards specified in s.
  733  435.03 or s. 435.04 must be rescreened by July 31, 2016. The
  734  agency may adopt rules to establish a schedule to stagger the
  735  implementation of the required rescreening over the 5-year
  736  period, beginning July 31, 2011, through July 31, 2016. If, upon
  737  rescreening, such person has a disqualifying offense that was
  738  not a disqualifying offense at the time of the last screening,
  739  but is a current disqualifying offense and was committed before
  740  the last screening, he or she may apply for an exemption from
  741  the appropriate licensing agency and, if agreed to by the
  742  employer, may continue to perform his or her duties until the
  743  licensing agency renders a decision on the application for
  744  exemption if the person is eligible to apply for an exemption
  745  and the exemption request is received by the agency within 30
  746  days after receipt of the rescreening results by the person.
  747         (5)(a) As provided in chapter 435, the agency may grant an
  748  exemption from disqualification to a person who is subject to
  749  this section and who:
  750         1. Does not have an active professional license or
  751  certification from the Department of Health; or
  752         2. Has an active professional license or certification from
  753  the Department of Health but is not providing a service within
  754  the scope of that license or certification.
  755         (b) As provided in chapter 435, the appropriate regulatory
  756  board within the Department of Health, or the department itself
  757  if there is no board, may grant an exemption from
  758  disqualification to a person who is subject to this section and
  759  who has received a professional license or certification from
  760  the Department of Health or a regulatory board within that
  761  department and that person is providing a service within the
  762  scope of his or her licensed or certified practice.
  763         (6) The agency and the Department of Health may adopt rules
  764  pursuant to ss. 120.536(1) and 120.54 to implement this section,
  765  chapter 435, and parts II, III, and IV requiring background
  766  screening and to implement and adopt criteria relating to
  767  retaining fingerprints pursuant to s. 943.05(2).
  768         (7) There is no unemployment compensation or other monetary
  769  liability on the part of, and no cause of action for damages
  770  arising against, an employer that, upon notice of a
  771  disqualifying offense listed under chapter 435 or this section,
  772  terminates the person against whom the report was issued,
  773  whether or not that person has filed for an exemption with the
  774  Department of Health or the agency.
  775         429.009 Minimum licensure requirements.—In addition to the
  776  licensure requirements specified in this chapter and applicable
  777  rules, each applicant and licensee must comply with the
  778  requirements of this section in order to obtain and maintain a
  779  license.
  780         (1) An applicant for licensure must comply with the
  781  background screening requirements of s. 429.008.
  782         (2) An applicant for licensure must provide a description
  783  and explanation of any exclusions, suspensions, or terminations
  784  of the applicant from the Medicaid program.
  785         (3) Unless otherwise specified in this chapter, or
  786  applicable rules, any information required to be reported to the
  787  agency must be submitted within 21 calendar days after the
  788  report period or effective date of the information, whichever is
  789  earlier, including, but not limited to, any change of:
  790         (a) Information contained in the most recent application
  791  for licensure.
  792         (b) Required insurance or bonds.
  793         (4) Whenever a licensee discontinues operation:
  794         (a) The licensee must inform the agency not less than 30
  795  days before the discontinuance of operation and inform residents
  796  or participants of such discontinuance as required by this
  797  chapter. Immediately upon discontinuance of operation, the
  798  licensee shall surrender the license to the agency and the
  799  license shall be canceled.
  800         (b) The licensee shall remain responsible for retaining and
  801  appropriately distributing all records within the timeframes
  802  prescribed in this chapter and applicable rules. In addition,
  803  the licensee or, in the event of death or dissolution of a
  804  licensee, the estate or agent of the licensee shall:
  805         1. Make arrangements to forward records for each resident
  806  to one of the following, based upon the resident’s choice: the
  807  resident or the resident’s legal representative, the resident’s
  808  attending physician, or the health care provider where the
  809  resident currently receives services; or
  810         2. Cause a notice to be published in the newspaper of
  811  greatest general circulation in the county in which the licensee
  812  was located that advises residents of the discontinuance of the
  813  licensed operation. The notice must inform residents that they
  814  may obtain copies of their records and specify the name,
  815  address, and telephone number of the person from whom the copies
  816  of records may be obtained. The notice must appear at least once
  817  a week for 4 consecutive weeks.
  818         (5)(a) On or before the first day services are provided to
  819  a resident, a licensee must inform the resident and his or her
  820  immediate family or representative, if appropriate, of the right
  821  to report:
  822         1. Complaints. The statewide toll-free telephone number for
  823  reporting complaints to the agency must be provided to residents
  824  in a manner that is clearly legible and must include the words:
  825  “To report a complaint regarding the services you receive,
  826  please call toll-free (phone number).”
  827         2. Abusive, neglectful, or exploitative practices. The
  828  statewide toll-free telephone number for the central abuse
  829  hotline must be provided to residents in a manner that is
  830  clearly legible and must include the words: “To report abuse,
  831  neglect, or exploitation, please call toll-free (phone number).”
  832         3. Medicaid fraud. An agency-written description of
  833  Medicaid fraud and the statewide toll-free telephone number for
  834  the central Medicaid fraud hotline must be provided to residents
  835  in a manner that is clearly legible and must include the words:
  836  “To report suspected Medicaid fraud, please call toll-free
  837  (phone number).”
  838  
  839  The agency shall publish a minimum of a 90-day advance notice of
  840  a change in the toll-free telephone numbers.
  841         (b) Each licensee shall establish appropriate policies and
  842  procedures for providing such notice to residents.
  843         (6) An applicant must provide the agency with proof of the
  844  applicant’s legal right to occupy the property before a license
  845  may be issued. Proof may include, but need not be limited to,
  846  copies of warranty deeds, lease or rental agreements, contracts
  847  for deeds, quitclaim deeds, or other such documentation.
  848         (7) If proof of insurance is required under this chapter,
  849  that insurance must be in compliance with chapter 624, chapter
  850  626, chapter 627, or chapter 628 and with agency rules.
  851         (8) Upon application for initial licensure or change of
  852  ownership licensure, the applicant shall furnish satisfactory
  853  proof of the applicant’s financial ability to operate in
  854  accordance with the requirements of this chapter and applicable
  855  rules. The agency shall establish standards that require the
  856  applicant to provide information concerning the applicant’s
  857  controlling interests. The agency shall also establish
  858  documentation requirements, to be completed by each applicant,
  859  that show anticipated revenues and expenditures, the basis for
  860  financing the anticipated cash-flow requirements of the
  861  licensee, and an applicant’s access to contingency financing. A
  862  current certificate of authority, pursuant to chapter 651, may
  863  be provided as proof of financial ability to operate. The agency
  864  may require a licensee to provide proof of financial ability to
  865  operate at any time if there is evidence of financial
  866  instability, including, but not limited to, unpaid expenses
  867  necessary for the basic operations of the licensee.
  868         (9) A controlling interest may not withhold from the agency
  869  any evidence of financial instability, including, but not
  870  limited to, checks returned due to insufficient funds,
  871  delinquent accounts, nonpayment of withholding taxes, unpaid
  872  utility expenses, nonpayment for essential services, or adverse
  873  court action concerning the financial viability of the licensee
  874  or any other licensee licensed under this part that is under the
  875  control of the controlling interest. Any person who violates
  876  this subsection commits a misdemeanor of the second degree,
  877  punishable as provided in s. 775.082 or s. 775.083. Each day of
  878  continuing violation is a separate offense.
  879         429.0105 Right of inspection; copies; inspection reports.—
  880         (1) An authorized officer or employee of the agency may
  881  make or cause to be made any inspection or investigation deemed
  882  necessary by the agency to determine the state of compliance
  883  with this chapter and applicable rules. The right of inspection
  884  extends to any business that the agency has reason to believe is
  885  being operated without a license, but inspection of any business
  886  suspected of being operated without the appropriate license may
  887  not be made without the permission of the owner or person in
  888  charge unless a warrant is first obtained from a circuit court.
  889  Any application for a license issued under this chapter or
  890  applicable rules constitutes permission for an appropriate
  891  inspection to verify the information submitted on or in
  892  connection with the application.
  893         (a) All inspections shall be unannounced, except as
  894  specified in s. 429.005.
  895         (b) Inspections for relicensure shall be conducted
  896  biennially except as specified under this chapter or applicable
  897  rules.
  898         (2) The agency shall have access to and the licensee shall
  899  provide, or if requested send, copies of all licensee records
  900  required during an inspection or other review at no cost to the
  901  agency, including records requested during an offsite review.
  902         (3) A violation must be corrected within 30 calendar days
  903  after the licensee is notified of inspection results unless an
  904  alternative timeframe is required or approved by the agency.
  905         (4)(a) Each licensee shall maintain as public information,
  906  available upon request, records of all inspection reports
  907  pertaining to that licensee that have been filed by the agency
  908  unless those reports are exempt from or contain information that
  909  is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  910  Constitution or is otherwise made confidential by law. Copies of
  911  such reports shall be retained in the records of the licensee
  912  for at least 3 years following the date the reports are filed
  913  and issued, regardless of a change of ownership.
  914         (b) A licensee shall, upon the request of any person who
  915  has completed a written application with intent to be admitted
  916  by such licensee, any person who is a resident, or any relative,
  917  spouse, or guardian of any such person, furnish to the requester
  918  a copy of the last inspection report pertaining to the licensee
  919  that was issued by the agency if such report is used in lieu of
  920  a licensure inspection.
  921         429.011 Unlicensed activity.—
  922         (1) A person or entity may not offer or advertise services
  923  that require licensure as defined by this chapter or applicable
  924  rules to the public without obtaining a valid license from the
  925  agency. A licenseholder may not advertise or hold out to the
  926  public that he or she holds a license for other than that for
  927  which he or she actually holds the license.
  928         (2) The operation or maintenance of an unlicensed assisted
  929  care community is a violation of this chapter. Unlicensed
  930  activity constitutes harm that materially affects the health,
  931  safety, and welfare of residents or participants. The agency or
  932  any state attorney may, in addition to other remedies provided
  933  in this part, bring an action for an injunction to restrain such
  934  violation, or to enjoin the future operation or maintenance of
  935  the unlicensed assisted care community in violation of this
  936  chapter, until compliance with this chapter and agency rules has
  937  been demonstrated to the satisfaction of the agency.
  938         (3) It is unlawful for any person or entity to own,
  939  operate, or maintain an assisted care community requiring
  940  licensure pursuant to this chapter without obtaining a license.
  941  If after receiving notification from the agency, such person or
  942  entity fails to cease operation and apply for a license under
  943  this chapter, the person or entity shall be subject to penalties
  944  as prescribed under this chapter and applicable rules. Each day
  945  of continued operation is a separate offense.
  946         (4) Any person or entity that fails to cease operation
  947  after agency notification may be fined $1,000 for each day of
  948  noncompliance.
  949         (5) When a controlling interest or licensee has an interest
  950  in more than one entity and fails to license an entity rendering
  951  services that require licensure pursuant to this chapter, the
  952  agency may revoke all licenses and impose actions under s.
  953  429.013 and a fine of $1,000 per day, unless otherwise specified
  954  under this chapter, against each licensee until such time as the
  955  appropriate license is obtained for the unlicensed operation.
  956         (6) In addition to granting injunctive relief pursuant to
  957  subsection (2), if the agency determines that a person or entity
  958  is operating or maintaining an assisted care community requiring
  959  licensure pursuant to this chapter without obtaining a license
  960  and determines that a condition exists that poses a threat to
  961  the health, safety, or welfare of a resident or participant of
  962  the person or entity, the person or entity is subject to the
  963  same actions and fines imposed against a licensee as specified
  964  in this chapter and agency rules.
  965         (7) Any person aware of the operation of an unlicensed
  966  person or entity must report that person or entity to the
  967  agency.
  968         (8) An assisted care community under construction is not
  969  subject to the provisions of this section.
  970         429.012 Administrative fines; violations.—As a penalty for
  971  any violation of this chapter, or applicable rules, the agency
  972  may impose an administrative fine pursuant to the provisions of
  973  this chapter.
  974         429.013 Moratorium; emergency suspension.—
  975         (1) The agency may impose an immediate moratorium or
  976  emergency suspension as defined in s. 120.60 on any licensee if
  977  the agency determines that any condition related to the licensee
  978  presents a threat to the health, safety, or welfare of a
  979  resident or participant.
  980         (2) A licensee, the license of which is denied or revoked,
  981  may be subject to immediate imposition of a moratorium or
  982  emergency suspension to run concurrently with licensure denial,
  983  revocation, or injunction.
  984         (3) A moratorium or emergency suspension remains in effect
  985  after a change of ownership, unless the agency has determined
  986  that the conditions that created the moratorium, emergency
  987  suspension, or denial of licensure have been corrected.
  988         (4) When a moratorium or emergency suspension is placed on
  989  a licensee, notice of the action shall be posted and visible to
  990  the public at the location of the licensee until the action is
  991  lifted.
  992         429.014 License or application denial; revocation.—
  993         (1) In addition to the grounds provided in part II, part
  994  III, or part IV, grounds that may be used by the agency for
  995  denying or revoking a license or change of ownership application
  996  include any of the following actions by a controlling interest:
  997         (a) False representation of a material fact in the license
  998  application or omission of any material fact from the
  999  application.
 1000         (b) An intentional or negligent act materially affecting
 1001  the health or safety of a resident or participant of an assisted
 1002  care community.
 1003         (c) A violation of this chapter or applicable rules.
 1004         (d) A demonstrated pattern of violations.
 1005         (e) The applicant, licensee, or controlling interest has
 1006  been or is currently excluded, suspended, or terminated, for
 1007  cause, from participation in the Medicaid program.
 1008         (2) If a licensee lawfully continues to operate while a
 1009  denial or revocation is pending in litigation, the licensee must
 1010  continue to meet all other requirements of this chapter and
 1011  applicable rules and must file subsequent renewal applications
 1012  for licensure and pay all licensure fees. The provisions of ss.
 1013  120.60(1) and 429.005(3)(c) shall not apply to renewal
 1014  applications filed during the time period in which the
 1015  litigation of the denial or revocation is pending until that
 1016  litigation is final.
 1017         (3) An action under s. 429.013 or denial of the license of
 1018  the transferor may be grounds for denial of a change of
 1019  ownership application of the transferee.
 1020         (4) In addition to the grounds provided in authorizing
 1021  statutes, the agency shall deny an application for a license or
 1022  license renewal if the applicant or a person having a
 1023  controlling interest in an applicant has been:
 1024         (a) Convicted of, or enters a plea of guilty to, regardless
 1025  of adjudication, a felony under chapter 409, chapter 817, or
 1026  chapter 893, unless the sentence and any subsequent period of
 1027  probation for such convictions or plea ended more than 15 years
 1028  before the date of the application;
 1029         (b) Terminated for cause from the Florida Medicaid program
 1030  pursuant to s. 409.913, unless the applicant has been in good
 1031  standing with the Florida Medicaid program for the most recent 5
 1032  years; or
 1033         (c) Terminated for cause, pursuant to the appeals
 1034  procedures established by the Florida Medicaid program, unless
 1035  the applicant has been in good standing with the Florida
 1036  Medicaid program for the most recent 5 years and the termination
 1037  occurred at least 20 years before the date of the application.
 1038         429.015 Injunctions.—
 1039         (1) In addition to the other powers provided by this
 1040  chapter and applicable rules, the agency may institute
 1041  injunction proceedings in a court of competent jurisdiction in
 1042  the local jurisdiction of the residence to:
 1043         (a) Restrain or prevent the establishment or operation of a
 1044  person or entity that does not have a license or is in violation
 1045  of any provision of this chapter or applicable rules. The agency
 1046  may also institute injunction proceedings in a court of
 1047  competent jurisdiction when a violation of this chapter or
 1048  applicable rules constitutes an emergency affecting the
 1049  immediate health and safety of a resident.
 1050         (b) Enforce the provisions of this chapter or any minimum
 1051  standard, rule, or order issued or entered into pursuant thereto
 1052  when the attempt by the agency to correct a violation through
 1053  administrative sanctions has failed or when the violation
 1054  materially affects the health, safety, or welfare of residents
 1055  or participants or involves any operation of an unlicensed
 1056  assisted care community.
 1057         (c) Terminate the operation of a licensee when a violation
 1058  of any provision of this chapter or any standard or rule adopted
 1059  pursuant thereto exists that materially affects the health,
 1060  safety, or welfare of a resident or participant.
 1061         (2) If action is necessary to protect a resident or
 1062  participant of a licensee from an immediate, life-threatening
 1063  situation, the court may allow a temporary injunction without
 1064  bond upon proper proofs being made. If it appears by competent
 1065  evidence or a sworn, substantiated affidavit that a temporary
 1066  injunction should be issued, the court, pending the
 1067  determination on final hearing, shall enjoin the operation of
 1068  the licensee.
 1069         429.016 Administrative proceedings.—Administrative
 1070  proceedings challenging agency licensure enforcement action
 1071  shall be reviewed on the basis of the facts and conditions that
 1072  resulted in the agency action.
 1073         429.017 Rules.—The department is authorized to adopt rules
 1074  as necessary to administer this part. Any licensee that is in
 1075  operation at the time of adoption of any applicable rule under
 1076  this chapter shall be given a reasonable time under the
 1077  particular circumstances, not to exceed 6 months after the date
 1078  of such adoption, within which to comply with that rule, unless
 1079  otherwise specified by rule.
 1080         429.018 Emergency management planning; emergency
 1081  operations; inactive license.—
 1082         (1) A licensee required by part II, part III, or part IV to
 1083  have an emergency operations plan must designate a safety
 1084  liaison to serve as the primary contact for emergency
 1085  operations.
 1086         (2) An entity subject to this part may temporarily exceed
 1087  its licensed capacity to act as a receiving licensee in
 1088  accordance with an approved emergency operations plan for up to
 1089  15 days. While in an overcapacity status, each licensee must
 1090  furnish or arrange for appropriate care and services to all
 1091  residents. In addition, the agency may approve requests for
 1092  overcapacity in excess of 15 days, which approvals may be based
 1093  upon satisfactory justification and need as provided by the
 1094  receiving and sending licensees.
 1095         (3)(a) An inactive license may be issued to a licensee
 1096  subject to this section when the licensee is located in a
 1097  geographic area in which a state of emergency was declared by
 1098  the Governor, if the licensee:
 1099         1. Suffered damage to its operation during the state of
 1100  emergency.
 1101         2. Is currently licensed.
 1102         3. Does not have a provisional license.
 1103         4. Will be temporarily unable to provide services but is
 1104  reasonably expected to resume services within 12 months.
 1105         (b) An inactive license may be issued for a period not to
 1106  exceed 12 months but may be renewed by the agency for up to 12
 1107  additional months upon demonstration to the agency of progress
 1108  toward reopening. A request by a licensee for an inactive
 1109  license or to extend the previously approved inactive period
 1110  must be submitted in writing to the agency, accompanied by
 1111  written justification for the inactive license, and must state
 1112  the beginning and ending dates of inactivity and include a plan
 1113  for the transfer of any residents and appropriate licensure
 1114  fees. Upon agency approval, the licensee shall notify residents
 1115  of any necessary discharge or transfer as required under this
 1116  chapter or applicable rules. The beginning of the inactive
 1117  licensure period shall be the date the licensee ceases
 1118  operations. The end of the inactive period shall become the
 1119  license expiration date, and all licensure fees must be current,
 1120  must be paid in full, and may be prorated. Reactivation of an
 1121  inactive license requires the prior approval by the agency of a
 1122  renewal application, including payment of licensure fees and
 1123  agency inspections indicating compliance with all requirements
 1124  of this chapter and applicable rules and statutes.
 1125         (4) The department may adopt rules relating to emergency
 1126  management planning, communications, and operations. Licensees
 1127  providing residential services must utilize an online database
 1128  approved by the agency to report information to the agency
 1129  regarding the licensee’s emergency status, planning, or
 1130  operations.
 1131         429.019 Denial, suspension, or revocation of a license or
 1132  application.—
 1133         (1) In addition to any other remedies provided by law, the
 1134  agency may deny an application or suspend or revoke the license
 1135  of an assisted care community:
 1136         (a) If the applicant, licensee, or a licensee subject to
 1137  this part that shares a common controlling interest with the
 1138  applicant has failed to pay all outstanding fines, liens, or
 1139  overpayments assessed by final order of the agency, not subject
 1140  to further appeal, unless a repayment plan is approved by the
 1141  agency; or
 1142         (b) For failure to comply with any repayment plan.
 1143         (2) In reviewing an application requesting a change of
 1144  ownership or change of the licensee, the transferor shall,
 1145  before agency approval of the change, repay or make arrangements
 1146  to repay any amounts owed to the agency. The issuance of a
 1147  license to the transferee shall be delayed until the transferor
 1148  repays or makes arrangements to repay the amounts owed.
 1149         Section 11. Section 429.01, Florida Statutes, is amended to
 1150  read:
 1151         429.01 Short title; purpose.—
 1152         (1) This act may be cited as the “Assisted Living
 1153  Residences Facilities Act.”
 1154         (2) The purpose of this act is to promote the availability
 1155  of appropriate services for elderly persons and adults with
 1156  disabilities in the least restrictive and most homelike
 1157  environment, to encourage the development of residences
 1158  facilities that promote the dignity, individuality, privacy, and
 1159  decisionmaking ability of such persons, to provide for the
 1160  health, safety, and welfare of residents of assisted living
 1161  residences facilities in the state, to promote continued
 1162  improvement of such residences facilities, to encourage the
 1163  development of innovative and affordable residences facilities
 1164  particularly for persons with low to moderate incomes, to ensure
 1165  that all agencies of the state cooperate in the protection of
 1166  such residents, and to ensure that needed economic, social,
 1167  mental health, health, and leisure services are made available
 1168  to residents of such residences facilities through the efforts
 1169  of the Agency for Health Care Administration, the Department of
 1170  Elderly Affairs, the Department of Children and Family Services,
 1171  the Department of Health, assisted living residences facilities,
 1172  and other community agencies. To the maximum extent possible,
 1173  appropriate community-based programs must be available to state
 1174  supported residents to augment the services provided in assisted
 1175  living residences facilities. The Legislature recognizes that
 1176  assisted living residences facilities are an important part of
 1177  the continuum of long-term care in the state as community-based
 1178  social models with a health component and not as medical or
 1179  nursing facilities. In support of the goal of aging in place,
 1180  the Legislature further recognizes that assisted living
 1181  residences facilities should be operated and regulated as
 1182  residential environments with supportive services and not as
 1183  medical or nursing facilities and, as such, should not be
 1184  subject to the same regulations as medical or nursing facilities
 1185  but instead be regulated in a less restrictive manner that is
 1186  appropriate for a residential, non-medical setting. The services
 1187  available in these residences facilities, either directly or
 1188  through contract or agreement, are intended to help residents
 1189  remain as independent as possible. Regulations governing these
 1190  residences facilities must be sufficiently flexible to allow the
 1191  residences facilities to adopt policies that enable residents to
 1192  age in place when resources are available to meet their needs
 1193  and accommodate their preferences.
 1194         (3) The principle that a license issued under this part is
 1195  a public trust and a privilege and is not an entitlement should
 1196  guide the finder of fact or trier of law at any administrative
 1197  proceeding or in a court action initiated by the Agency for
 1198  Health Care Administration to enforce this part.
 1199         Section 12. Section 429.02, Florida Statutes, is amended to
 1200  read:
 1201         429.02 Definitions.—When used in this part, the term:
 1202         (1) “Activities of daily living” means functions and tasks
 1203  for self-care, including ambulation, bathing, dressing, eating,
 1204  grooming, and toileting, and other similar tasks.
 1205         (2) “Administrator” means an individual at least 21 years
 1206  of age who is responsible for the operation and maintenance of
 1207  an assisted living residence facility; for promoting the
 1208  resident’s dignity, autonomy, independence, and privacy in the
 1209  least restrictive and most homelike setting consistent with the
 1210  resident’s preferences and physical and mental status; and for
 1211  ensuring the appropriateness of continued placement of a
 1212  resident, in consultation with the resident, resident’s
 1213  representative or designee, if applicable, and the resident’s
 1214  physician.
 1215         (3) “Agency” means the Agency for Health Care
 1216  Administration.
 1217         (3)(4) “Aging in place” or “age in place” means the process
 1218  of providing increased or adjusted services to a person to
 1219  compensate for the physical or mental decline that may occur
 1220  with the aging process, in order to maximize the person’s
 1221  dignity and independence and permit them to remain in a
 1222  familiar, noninstitutional, residential environment for as long
 1223  as possible, as determined by the individual, his or her
 1224  physician and the administrator. Such services may be provided
 1225  by residence facility staff, volunteers, family, or friends, or
 1226  through contractual arrangements with a third party.
 1227         (4) “Arbitration” means a process whereby a neutral third
 1228  person or panel, called an arbitrator or arbitration panel,
 1229  considers the facts and arguments presented by parties and
 1230  renders a decision which may be binding or nonbinding as
 1231  provided for in chapter 44.
 1232         (5) “Assisted living residence facilityor “residence”
 1233  means any residential setting that provides, directly or
 1234  indirectly by means of contracts or arrangements, for a period
 1235  exceeding 24 hours building or buildings, section or distinct
 1236  part of a building, private home, boarding home, home for the
 1237  aged, or other residential facility, whether operated for profit
 1238  or not, which undertakes through its ownership or management to
 1239  provide housing, meals, and one or more personal services that
 1240  meet the resident’s changing needs and preferences for a period
 1241  exceeding 24 hours to one or more adults who are not relatives
 1242  of the owner or administrator. “Residential setting” includes,
 1243  but is not limited to, a building or buildings, section or
 1244  distinct part of a building, private home, or other residence.
 1245         (6) “Chemical restraint” means a pharmacologic drug that
 1246  physically limits, restricts, or deprives an individual of
 1247  movement or mobility, and is used for discipline or convenience
 1248  and not required for the treatment of medical symptoms.
 1249         (7) “Community living support plan” means a written
 1250  document prepared by a mental health resident and the resident’s
 1251  mental health case manager in consultation with the
 1252  administrator, or the administrator’s designee, of an assisted
 1253  living residence facility with a limited mental health license
 1254  or the administrator’s designee. A copy must be provided to the
 1255  administrator. The plan must include information about the
 1256  supports, services, and special needs of the resident which
 1257  enable the resident to live in the assisted living residence
 1258  facility and a method by which residence facility staff can
 1259  recognize and respond to the signs and symptoms particular to
 1260  that resident which indicate the need for professional services.
 1261         (8) “Cooperative agreement” means a written statement of
 1262  understanding between a mental health care provider and the
 1263  administrator of the assisted living residence facility with a
 1264  limited mental health license in which a mental health resident
 1265  is living. The agreement must specify directions for accessing
 1266  emergency and after-hours care for the mental health resident. A
 1267  single cooperative agreement may service all mental health
 1268  residents who are clients of the same mental health care
 1269  provider.
 1270         (9) “Department” means the Department of Elderly Affairs.
 1271         (10) “Emergency” means a situation, physical condition, or
 1272  method of operation which presents imminent danger of death or
 1273  serious physical or mental harm to residence facility residents.
 1274         (11) “Extended congregate care” means acts beyond those
 1275  authorized in subsection (18) (16) that may be performed
 1276  pursuant to part I of chapter 464 by persons licensed thereunder
 1277  while carrying out their professional duties, and other
 1278  supportive services which may be specified by rule. The purpose
 1279  of such services is to enable residents to age in place in a
 1280  residential environment despite mental or physical limitations
 1281  that might otherwise disqualify them from residency in a
 1282  residence facility licensed pursuant to this chapter under this
 1283  part.
 1284         (12) “Guardian” means a person to whom the law has
 1285  entrusted the custody and control of the person or property, or
 1286  both, of a person who has been legally adjudged incapacitated.
 1287         (13) “Licensed residence” means an assisted living
 1288  residence for which a licensee has been issued a license
 1289  pursuant to this chapter.
 1290         (14)(13) “Limited nursing services” means acts that may be
 1291  performed pursuant to part I of chapter 464 by persons licensed
 1292  thereunder while carrying out their professional duties but
 1293  limited to those acts which the department specifies by rule.
 1294  Acts which may be specified by rule as allowable limited nursing
 1295  services shall be for persons who meet the admission criteria
 1296  established by the department for assisted living residences
 1297  facilities and shall not be complex enough to require 24-hour
 1298  nursing supervision and may include such services as the
 1299  application and care of routine dressings, and care of casts,
 1300  braces, and splints.
 1301         (15)(14) “Managed risk” means the process by which the
 1302  residence facility staff discuss the service plan and the needs
 1303  of the resident with the resident and, if applicable, the
 1304  resident’s representative or designee or the resident’s
 1305  surrogate, guardian, or attorney in fact, in such a way that the
 1306  consequences of a decision, including any inherent risk, are
 1307  explained to all parties and reviewed periodically in
 1308  conjunction with the service plan, taking into account changes
 1309  in the resident’s status and the ability of the residence
 1310  facility to respond accordingly.
 1311         (16)(15) “Mental health resident” means an individual who
 1312  receives social security disability income due to a mental
 1313  disorder as determined by the Social Security Administration or
 1314  receives supplemental security income due to a mental disorder
 1315  as determined by the Social Security Administration and receives
 1316  optional state supplementation.
 1317         (17) “Person” means any individual, partnership,
 1318  corporation, association, or governmental unit.
 1319         (18)(16) “Personal services” means direct physical
 1320  assistance with or supervision of the activities of daily living
 1321  and the self-administration of medication and other similar
 1322  services which the department may define by rule. “Personal
 1323  services” shall not be construed to mean the provision of
 1324  medical, nursing, dental, or mental health services.
 1325         (19)(17) “Physical restraint” means a device which
 1326  physically limits, restricts, or deprives an individual of
 1327  movement or mobility, including, but not limited to, a half-bed
 1328  rail, a full-bed rail, a geriatric chair, and a posey restraint.
 1329  The term “physical restraint” shall also include any device
 1330  which was not specifically manufactured as a restraint but which
 1331  has been altered, arranged, or otherwise used for this purpose.
 1332  The term shall not include bandage material used for the purpose
 1333  of binding a wound or injury.
 1334         (20)(18) “Relative” means an individual who is the father,
 1335  mother, stepfather, stepmother, son, daughter, brother, sister,
 1336  grandmother, grandfather, great-grandmother, great-grandfather,
 1337  grandson, granddaughter, uncle, aunt, first cousin, nephew,
 1338  niece, husband, wife, father-in-law, mother-in-law, son-in-law,
 1339  daughter-in-law, brother-in-law, sister-in-law, stepson,
 1340  stepdaughter, stepbrother, stepsister, half brother, or half
 1341  sister of an owner or administrator.
 1342         (21)(19) “Resident” means a person 18 years of age or
 1343  older, residing in and receiving care from an assisted living
 1344  residence a facility.
 1345         (22)(20) “Resident’s representative or designee” means a
 1346  person other than the owner, or an agent or employee of the
 1347  assisted living residence facility, designated in writing by the
 1348  resident, if legally competent, to receive notice of changes in
 1349  the contract executed pursuant to s. 429.24; to receive notice
 1350  of and to participate in meetings between the resident and the
 1351  residence facility owner, administrator, or staff concerning the
 1352  rights of the resident; to assist the resident in contacting the
 1353  ombudsman council if the resident has a complaint against the
 1354  residence facility; or to bring legal action on behalf of the
 1355  resident pursuant to s. 429.29.
 1356         (23)(21) “Service plan” means a written plan, developed and
 1357  agreed upon by the resident and, if applicable, the resident’s
 1358  representative or designee or the resident’s surrogate,
 1359  guardian, or attorney in fact, if any, and the administrator or
 1360  the administrator’s designee representing the residence
 1361  facility, which addresses the unique physical and psychosocial
 1362  needs, abilities, and personal preferences of each resident
 1363  receiving extended congregate care services. The plan shall
 1364  include a brief written description, in easily understood
 1365  language, of what services shall be provided, who shall provide
 1366  the services, when the services shall be rendered, and the
 1367  purposes and benefits of the services.
 1368         (24)(22) “Shared responsibility” means exploring the
 1369  options available to a resident within a residence facility and
 1370  the risks involved with each option when making decisions
 1371  pertaining to the resident’s abilities, preferences, and service
 1372  needs, thereby enabling the resident and, if applicable, the
 1373  resident’s representative or designee, or the resident’s
 1374  surrogate, guardian, or attorney in fact, and the residence
 1375  facility to develop a service plan which best meets the
 1376  resident’s needs and seeks to improve the resident’s quality of
 1377  life.
 1378         (25)(23) “Supervision” means reminding residents to engage
 1379  in activities of daily living and the self-administration of
 1380  medication, and, when necessary, observing or providing verbal
 1381  cuing to residents while they perform these activities.
 1382  Supervision does not include one-on-one observation.
 1383         (26)(24) “Supplemental security income,” Title XVI of the
 1384  Social Security Act, means a program through which the Federal
 1385  Government guarantees a minimum monthly income to every person
 1386  who is age 65 or older, or disabled, or blind and meets the
 1387  income and asset requirements.
 1388         (27)(25) “Supportive services” means services designed to
 1389  encourage and assist residents aged persons or adults with
 1390  disabilities to remain in the least restrictive living
 1391  environment and to maintain their independence as long as
 1392  possible.
 1393         (28)(26) “Twenty-four-hour nursing supervision” means
 1394  services that are ordered by a physician for a resident whose
 1395  condition requires the supervision of a physician and continued
 1396  monitoring of vital signs and physical status. Such services
 1397  shall be: medically complex enough to require constant
 1398  supervision, assessment, planning, or intervention by a nurse;
 1399  required to be performed by or under the direct supervision of
 1400  licensed nursing personnel or other professional personnel for
 1401  safe and effective performance; required on a daily basis; and
 1402  consistent with the nature and severity of the resident’s
 1403  condition or the disease state or stage.
 1404         Section 13. Section 429.04, Florida Statutes, is amended to
 1405  read:
 1406         429.04 Residences Facilities to be licensed; exemptions.—
 1407         (1) For the administration of this part, residences
 1408  facilities to be licensed by the agency shall include all
 1409  assisted living residences facilities as defined in this part.
 1410         (2) The following are exempt from licensure under this
 1411  part:
 1412         (a) Any facility, institution, or other place operated by
 1413  the Federal Government or any agency of the Federal Government.
 1414         (b) Any facility or part of a facility licensed under
 1415  chapter 393 or chapter 394.
 1416         (c) Any facility licensed as an adult family-care home
 1417  under part II.
 1418         (d) Any person who provides housing, meals, and one or more
 1419  personal services on a 24-hour basis in the person’s own home to
 1420  not more than two adults who do not receive optional state
 1421  supplementation. The person who provides the housing, meals, and
 1422  personal services must own or rent the home and reside therein.
 1423         (e) Any home or facility approved by the United States
 1424  Department of Veterans Affairs as a residential care home
 1425  wherein care is provided exclusively to three or fewer veterans.
 1426         (f) Any facility that has been incorporated in this state
 1427  for 50 years or more on or before July 1, 1983, and the board of
 1428  directors of which is nominated or elected by the residents,
 1429  until the facility is sold or its ownership is transferred; or
 1430  any facility, with improvements or additions thereto, which has
 1431  existed and operated continuously in this state for 60 years or
 1432  more on or before July 1, 1989, is directly or indirectly owned
 1433  and operated by a nationally recognized fraternal organization,
 1434  is not open to the public, and accepts only its own members and
 1435  their spouses as residents.
 1436         (g) Any facility certified under chapter 651, or a
 1437  retirement community, may provide services authorized under this
 1438  part or part III of chapter 400 to its residents who live in
 1439  single-family homes, duplexes, quadruplexes, or apartments
 1440  located on the campus without obtaining a license to operate an
 1441  assisted living residence facility if residential units within
 1442  such buildings are used by residents who do not require staff
 1443  supervision for that portion of the day when personal services
 1444  are not being delivered and the owner obtains a home health
 1445  license to provide such services. However, any building or
 1446  distinct part of a building on the campus that is designated for
 1447  persons who receive personal services and require supervision
 1448  beyond that which is available while such services are being
 1449  rendered must be licensed in accordance with this part. If a
 1450  facility provides personal services to residents who do not
 1451  otherwise require supervision and the owner is not licensed as a
 1452  home health agency, the buildings or distinct parts of buildings
 1453  where such services are rendered must be licensed under this
 1454  part. A resident of a facility that obtains a home health
 1455  license may contract with a home health agency of his or her
 1456  choice, provided that the home health agency provides liability
 1457  insurance and workers’ compensation coverage for its employees.
 1458  Facilities covered by this exemption may establish policies that
 1459  give residents the option of contracting for services and care
 1460  beyond that which is provided by the facility to enable them to
 1461  age in place. For purposes of this section, a retirement
 1462  community consists of a residence facility licensed under this
 1463  part or a facility licensed under part II of chapter 400, and
 1464  apartments designed for independent living located on the same
 1465  campus.
 1466         (h) Any residential unit for independent living which is
 1467  located within a facility certified under chapter 651, or any
 1468  residential unit for independent living which is colocated with
 1469  a nursing home licensed under part II of chapter 400 or
 1470  colocated with a residence facility licensed under this part in
 1471  which services are provided through an outpatient clinic or a
 1472  nursing home on an outpatient basis.
 1473         Section 14. Section 429.07, Florida Statutes, is amended to
 1474  read:
 1475         429.07 License required; fee.—
 1476         (1) The requirements of part I part II of chapter 408 apply
 1477  to the provision of services that require licensure pursuant to
 1478  this part and part II of chapter 408 and to entities licensed by
 1479  or applying for such licensure from the agency pursuant to this
 1480  part. A license issued by the agency is required in order to
 1481  operate an assisted living residence facility in this state.
 1482         (2) Separate licenses shall be required for residences
 1483  facilities maintained in separate premises, even though operated
 1484  under the same management. A separate license shall not be
 1485  required for separate buildings on the same grounds.
 1486         (3) In addition to the requirements of part I s. 408.806,
 1487  each license granted by the agency must state the type of care
 1488  for which the license is granted. Licenses shall be issued for
 1489  one or more of the following categories of care: standard,
 1490  extended congregate care, limited nursing services, or limited
 1491  mental health.
 1492         (a) A standard license shall be issued to a licensee for a
 1493  residence facilities providing one or more of the personal
 1494  services identified in s. 429.02. Such facilities may also
 1495  employ or contract with a person licensed under part I of
 1496  chapter 464 to administer medications and perform other tasks as
 1497  specified in s. 429.255.
 1498         (b) An extended congregate care license shall be issued to
 1499  a licensee for a residence facilities providing, directly or
 1500  through contract, services beyond those authorized in paragraph
 1501  (a), including services performed by persons licensed under part
 1502  I of chapter 464 and supportive services, as defined by rule, to
 1503  persons who would otherwise be disqualified from continued
 1504  residence in a residence facility licensed under this part.
 1505         1. In order for extended congregate care services to be
 1506  provided, the agency must first determine that all requirements
 1507  established in law and rule are met and must specifically
 1508  designate, on the residence’s facility’s license, that such
 1509  services may be provided and whether the designation applies to
 1510  all or part of the residence facility. Such designation may be
 1511  made at the time of initial licensure or relicensure, or upon
 1512  request in writing by a licensee under this chapter part and
 1513  part II of chapter 408. The notification of approval or the
 1514  denial of the request shall be made in accordance with part I
 1515  part II of chapter 408. Existing facilities qualifying to
 1516  provide extended congregate care services must have maintained a
 1517  standard license and may not have been subject to administrative
 1518  sanctions during the previous 2 years, or since initial
 1519  licensure if the facility has been licensed for less than 2
 1520  years, for any of the following reasons:
 1521         a. A class I or class II violation;
 1522         b. Three or more repeat or recurring class III violations
 1523  of identical or similar resident care standards from which a
 1524  pattern of noncompliance is found by the agency;
 1525         c. Three or more class III violations that were not
 1526  corrected in accordance with the corrective action plan approved
 1527  by the agency;
 1528         d. Violation of resident care standards which results in
 1529  requiring the facility to employ the services of a consultant
 1530  pharmacist or consultant dietitian;
 1531         e. Denial, suspension, or revocation of a license for
 1532  another facility licensed under this part in which the applicant
 1533  for an extended congregate care license has at least 25 percent
 1534  ownership interest; or
 1535         f. Imposition of a moratorium pursuant to this part or part
 1536  II of chapter 408 or initiation of injunctive proceedings.
 1537         2. A licensee facility that is licensed to provide extended
 1538  congregate care services shall maintain a written progress
 1539  report for on each person who receives services, and the report
 1540  must describe which describes the type, amount, duration, scope,
 1541  and outcome of services that are rendered and the general status
 1542  of the resident’s health. A registered nurse, or appropriate
 1543  designee, representing the agency shall visit the facility at
 1544  least quarterly to monitor residents who are receiving extended
 1545  congregate care services and to determine if the facility is in
 1546  compliance with this part, part II of chapter 408, and relevant
 1547  rules. One of the visits may be in conjunction with the regular
 1548  survey. The monitoring visits may be provided through
 1549  contractual arrangements with appropriate community agencies. A
 1550  registered nurse shall serve as part of the team that inspects
 1551  the facility. The agency may waive one of the required yearly
 1552  monitoring visits for a facility that has been licensed for at
 1553  least 24 months to provide extended congregate care services,
 1554  if, during the inspection, the registered nurse determines that
 1555  extended congregate care services are being provided
 1556  appropriately, and if the facility has no class I or class II
 1557  violations and no uncorrected class III violations. The agency
 1558  must first consult with the long-term care ombudsman council for
 1559  the area in which the facility is located to determine if any
 1560  complaints have been made and substantiated about the quality of
 1561  services or care. The agency may not waive one of the required
 1562  yearly monitoring visits if complaints have been made and
 1563  substantiated.
 1564         3. A licensee facility that is licensed to provide extended
 1565  congregate care services shall must:
 1566         a. Demonstrate the capability to meet unanticipated
 1567  resident service needs.
 1568         b. Offer a physical environment that promotes a homelike
 1569  setting, provides for resident privacy, promotes resident
 1570  independence, and allows sufficient congregate space as defined
 1571  by rule.
 1572         c. Have sufficient staff available, taking into account the
 1573  physical plant and firesafety features of the residential
 1574  setting building, to assist with the evacuation of residents in
 1575  an emergency.
 1576         d. Adopt and follow policies and procedures that maximize
 1577  resident independence, dignity, choice, and decisionmaking to
 1578  permit residents to age in place, so that moves due to changes
 1579  in functional status are minimized or avoided.
 1580         e. Allow residents or, if applicable, a resident’s
 1581  representative, designee, surrogate, guardian, or attorney in
 1582  fact to make a variety of personal choices, participate in
 1583  developing service plans, and share responsibility in
 1584  decisionmaking.
 1585         f. Implement the concept of managed risk.
 1586         g. Provide, directly or through contract, the services of a
 1587  person licensed under part I of chapter 464.
 1588         h. In addition to the training mandated in s. 429.52,
 1589  provide specialized training as defined by rule for residence
 1590  facility staff.
 1591         4. A licensed residence that provides facility that is
 1592  licensed to provide extended congregate care services is exempt
 1593  from the criteria for continued residency set forth in rules
 1594  adopted under s. 429.41. A licensed residence facility must
 1595  adopt its own requirements within guidelines for continued
 1596  residency set forth by rule. However, the residence facility may
 1597  not serve residents who require 24-hour nursing supervision. A
 1598  licensed residence facility that provides extended congregate
 1599  care services must also provide each resident with a written
 1600  copy of residence facility policies governing admission and
 1601  retention.
 1602         5. The primary purpose of extended congregate care services
 1603  is to allow residents, as they become more impaired, the option
 1604  of remaining in a familiar setting from which they would
 1605  otherwise be disqualified for continued residency. A licensed
 1606  residence that provides facility licensed to provide extended
 1607  congregate care services may also admit an individual who
 1608  exceeds the admission criteria for a residence facility with a
 1609  standard license, if the individual is determined appropriate
 1610  for admission to the extended congregate care residence
 1611  facility.
 1612         6. Before the admission of an individual to a licensed
 1613  residence that provides facility licensed to provide extended
 1614  congregate care services, the individual must undergo a medical
 1615  examination as provided in s. 429.26(4) and the licensee
 1616  facility must develop a preliminary service plan for the
 1617  individual.
 1618         7. When a licensee facility can no longer provide or
 1619  arrange for services in accordance with the resident’s service
 1620  plan and needs and the licensee’s facility’s policy, the
 1621  licensee facility shall make arrangements for relocating the
 1622  person in accordance with s. 429.28(1)(k).
 1623         8. Failure to provide extended congregate care services may
 1624  result in denial of extended congregate care license renewal.
 1625         (c) A limited nursing services license shall be issued to a
 1626  facility that provides services beyond those authorized in
 1627  paragraph (a) and as specified in this paragraph.
 1628         1. In order for limited nursing services to be provided in
 1629  a facility licensed under this part, the agency must first
 1630  determine that all requirements established in law and rule are
 1631  met and must specifically designate, on the facility’s license,
 1632  that such services may be provided. Such designation may be made
 1633  at the time of initial licensure or relicensure, or upon request
 1634  in writing by a licensee under this part and part II of chapter
 1635  408. Notification of approval or denial of such request shall be
 1636  made in accordance with part II of chapter 408. Existing
 1637  facilities qualifying to provide limited nursing services shall
 1638  have maintained a standard license and may not have been subject
 1639  to administrative sanctions that affect the health, safety, and
 1640  welfare of residents for the previous 2 years or since initial
 1641  licensure if the facility has been licensed for less than 2
 1642  years.
 1643         2. Facilities that are licensed to provide limited nursing
 1644  services shall maintain a written progress report on each person
 1645  who receives such nursing services, which report describes the
 1646  type, amount, duration, scope, and outcome of services that are
 1647  rendered and the general status of the resident’s health. A
 1648  registered nurse representing the agency shall visit such
 1649  facilities at least twice a year to monitor residents who are
 1650  receiving limited nursing services and to determine if the
 1651  facility is in compliance with applicable provisions of this
 1652  part, part II of chapter 408, and related rules. The monitoring
 1653  visits may be provided through contractual arrangements with
 1654  appropriate community agencies. A registered nurse shall also
 1655  serve as part of the team that inspects such facility.
 1656         3. A person who receives limited nursing services under
 1657  this part must meet the admission criteria established by the
 1658  agency for assisted living facilities. When a resident no longer
 1659  meets the admission criteria for a facility licensed under this
 1660  part, arrangements for relocating the person shall be made in
 1661  accordance with s. 429.28(1)(k), unless the facility is licensed
 1662  to provide extended congregate care services.
 1663         (4) In accordance with s. 429.004 408.805, an applicant or
 1664  licensee shall pay a fee for each license application submitted
 1665  under this chapter part, part II of chapter 408, and applicable
 1666  rules. The amount of the fee shall be established by rule.
 1667         (a) The biennial license fee required of a residence
 1668  facility is $300 per license, with an additional fee of $50 per
 1669  resident based on the total licensed resident capacity of the
 1670  residence facility, except that no additional fee will be
 1671  assessed for beds designated for recipients of Medicaid optional
 1672  state supplementation payments provided for in s. 409.212. The
 1673  total fee may not exceed $10,000.
 1674         (b) In addition to the total fee assessed under paragraph
 1675  (a), the agency shall require a licensed residence facilities
 1676  that provides are licensed to provide extended congregate care
 1677  services under this part to pay an additional fee per licensed
 1678  residence facility. The amount of the biennial fee shall be $400
 1679  per license, with an additional fee of $10 per resident based on
 1680  the total licensed resident capacity of the residence facility.
 1681         (c) In addition to the total fee assessed under paragraph
 1682  (a), the agency shall require facilities that are licensed to
 1683  provide limited nursing services under this part to pay an
 1684  additional fee per licensed facility. The amount of the biennial
 1685  fee shall be $250 per license, with an additional fee of $10 per
 1686  resident based on the total licensed resident capacity of the
 1687  facility.
 1688         (5) Counties or municipalities applying for licenses under
 1689  this part are exempt from the payment of license fees.
 1690         (6)In order to determine whether the residence is
 1691  adequately protecting residents’ rights as provided in s.
 1692  429.28, the agency shall conduct a biennial survey that includes
 1693  private informal conversations with a sample of residents to
 1694  discuss the residents’ experiences within the residence.
 1695         (7)An assisted living residence that has been cited within
 1696  the previous 24-month period for a class I or class II
 1697  violation, regardless of the status of any enforcement or
 1698  disciplinary action, is subject to periodic unannounced
 1699  monitoring to determine if the residence is in compliance with
 1700  this part and applicable rules. Monitoring may occur through a
 1701  desk review or an onsite assessment. If the class I or class II
 1702  violation relates to providing or failing to provide nursing
 1703  care, a registered nurse must participate in at least two onsite
 1704  monitoring visits within a 12-month period.
 1705         Section 15. Section 429.075, Florida Statutes, is amended
 1706  to read:
 1707         429.075 Limited mental health license.—A licensee operating
 1708  an assisted living residence facility that serves three or more
 1709  mental health residents must obtain a limited mental health
 1710  license.
 1711         (1) To obtain a limited mental health license, a licensee
 1712  must have facility must hold a standard license as an assisted
 1713  living residence facility, must not have any current uncorrected
 1714  deficiencies or violations, and must ensure that, within 6
 1715  months after receiving a limited mental health license, the
 1716  residence facility administrator and the staff of the residence
 1717  facility who are in direct contact with mental health residents
 1718  must complete training of no less than 6 hours related to their
 1719  duties. Such designation may be made at the time of initial
 1720  licensure or relicensure or upon request in writing by a
 1721  licensee under this chapter part and part II of chapter 408.
 1722  Notification of approval or denial of such request shall be made
 1723  in accordance with this chapter part, part II of chapter 408,
 1724  and applicable rules. This training will be provided by or
 1725  approved by the Department of Children and Family Services.
 1726         (2) A residence that is Facilities licensed to provide
 1727  services to mental health residents shall provide appropriate
 1728  supervision and staffing to provide for the health, safety, and
 1729  welfare of such residents.
 1730         (3) A residence facility that has a limited mental health
 1731  license must:
 1732         (a) Have a copy of each mental health resident’s community
 1733  living support plan and the cooperative agreement with the
 1734  mental health care services provider. The support plan and the
 1735  agreement may be combined.
 1736         (b) Have documentation that is provided by the Department
 1737  of Children and Family Services that each mental health resident
 1738  has been assessed and determined to be able to live in the
 1739  community in an assisted living residence facility with a
 1740  limited mental health license.
 1741         (c) Make the community living support plan available for
 1742  inspection by the resident, the resident’s legal guardian, the
 1743  resident’s health care surrogate, and other individuals who have
 1744  a lawful basis for reviewing this document.
 1745         (d) Assist the mental health resident in carrying out the
 1746  activities identified in the individual’s community living
 1747  support plan.
 1748         (4) A residence facility with a limited mental health
 1749  license may enter into a cooperative agreement with a private
 1750  mental health provider. For purposes of the limited mental
 1751  health license, the private mental health provider may act as
 1752  the case manager.
 1753         Section 16. Section 429.08, Florida Statutes, is amended to
 1754  read:
 1755         429.08 Unlicensed residences facilities; referral of person
 1756  for residency to unlicensed residence facility; penalties.—
 1757         (1)(a) This section applies to the unlicensed operation of
 1758  an assisted living residence facility in addition to the
 1759  requirements of part I part II of chapter 408.
 1760         (b) Except as provided under paragraph (d), any person who
 1761  owns, operates, or maintains an unlicensed assisted living
 1762  residence for which such person does not hold a valid license
 1763  facility commits a felony of the third degree, punishable as
 1764  provided in s. 775.082, s. 775.083, or s. 775.084. Each day of
 1765  continued operation is a separate offense.
 1766         (c) Any person found guilty of violating paragraph (a) a
 1767  second or subsequent time commits a felony of the second degree,
 1768  punishable as provided under s. 775.082, s. 775.083, or s.
 1769  775.084. Each day of continued operation is a separate offense.
 1770         (d) Any person who owns, operates, or maintains an
 1771  unlicensed assisted living residence for which such person does
 1772  not hold a valid license facility due to a change in this part
 1773  or a modification in rule within 6 months after the effective
 1774  date of such change and who, within 10 working days after
 1775  receiving notification from the agency, fails to cease operation
 1776  or apply for a license under this part commits a felony of the
 1777  third degree, punishable as provided in s. 775.082, s. 775.083,
 1778  or s. 775.084. Each day of continued operation is a separate
 1779  offense.
 1780         (e) The agency shall publish a list, by county, of licensed
 1781  assisted living residences facilities. This information may be
 1782  provided electronically or through the agency’s Internet site.
 1783         (2) It is unlawful to knowingly refer a person for
 1784  residency to an unlicensed assisted living residence facility;
 1785  to an assisted living residence for which facility the
 1786  licensee’s license of which is under denial or has been
 1787  suspended or revoked; or to an assisted living residence
 1788  facility that has a moratorium pursuant to part I part II of
 1789  chapter 408.
 1790         (a) Any health care practitioner, as defined in s. 456.001,
 1791  or emergency medical technician or paramedic certified pursuant
 1792  to part III or chapter 401, who is aware of the operation of an
 1793  unlicensed residence facility shall report that residence
 1794  facility to the agency. Failure to report an assisted living
 1795  residence for which a facility that the practitioner knows or
 1796  has reasonable cause to suspect a license has not been obtained
 1797  is unlicensed shall be reported to the practitioner’s licensing
 1798  board.
 1799         (b) Any provider as defined in s. 408.803 which knowingly
 1800  discharges a patient or client to an unlicensed facility is
 1801  subject to sanction by the agency.
 1802         (b)(c) Any employee of the agency or department, or the
 1803  Department of Children and Family Services, who knowingly refers
 1804  a person for residency to an unlicensed residence facility; to a
 1805  residence for which the licensee’s license facility the license
 1806  of which is under denial or has been suspended or revoked; or to
 1807  a residence facility that has a moratorium pursuant to part I
 1808  part II of chapter 408 is subject to disciplinary action by the
 1809  agency or department, or the Department of Children and Family
 1810  Services.
 1811         (c)(d) The employer of any person who is under contract
 1812  with the agency or department, or the Department of Children and
 1813  Family Services, and who knowingly refers a person for residency
 1814  to an unlicensed residence facility; to a residence for which
 1815  the licensee’s license facility the license of which is under
 1816  denial or has been suspended or revoked; or to a residence
 1817  facility that has a moratorium pursuant to part I part II of
 1818  chapter 408 shall be fined and required to prepare a corrective
 1819  action plan designed to prevent such referrals.
 1820         Section 17. Section 429.11, Florida Statutes, is amended to
 1821  read:
 1822         429.11 Initial application for license; provisional
 1823  license.—
 1824         (1) Each applicant for licensure must comply with all
 1825  provisions of part I part II of chapter 408 and must:
 1826         (a) Identify all other homes or residences facilities,
 1827  including the addresses and the license or licenses under which
 1828  they operate, if applicable, which are currently operated by the
 1829  applicant or administrator and which provide housing, meals, and
 1830  personal services to residents.
 1831         (b) Provide the location of the residence facility for
 1832  which a license is sought and documentation, signed by the
 1833  appropriate local government official, which states that the
 1834  applicant has met local zoning requirements.
 1835         (c) Provide the name, address, date of birth, social
 1836  security number, education, and experience of the administrator,
 1837  if different from the applicant.
 1838         (2) The applicant shall provide proof of liability
 1839  insurance as defined in s. 624.605.
 1840         (3) If the applicant is a community residential home, the
 1841  applicant must provide proof that it has met the requirements
 1842  specified in chapter 419.
 1843         (4) The applicant must furnish proof that the residence
 1844  facility has received a satisfactory firesafety inspection. The
 1845  local authority having jurisdiction or the State Fire Marshal
 1846  must conduct the inspection within 30 days after written request
 1847  by the applicant.
 1848         (5) The applicant must furnish documentation of a
 1849  satisfactory sanitation inspection of the residence facility by
 1850  the county health department.
 1851         (6) In addition to the license categories available in s.
 1852  408.808, A provisional license may be issued to an applicant
 1853  making initial application for licensure or making application
 1854  for a change of ownership. A provisional license shall be
 1855  limited in duration to a specific period of time not to exceed 6
 1856  months, as determined by the agency.
 1857         (7) A county or municipality may not issue an occupational
 1858  license that is being obtained for the purpose of operating a
 1859  residence facility regulated under this part without first
 1860  ascertaining that the applicant has been licensed to operate
 1861  such residence facility at the specified location or locations
 1862  by the agency. The agency shall furnish to local agencies
 1863  responsible for issuing occupational licenses sufficient
 1864  instruction for making such determinations.
 1865         Section 18. Section 429.12, Florida Statutes, is amended to
 1866  read:
 1867         429.12 Sale or transfer of ownership of a residence
 1868  facility.—It is the intent of the Legislature To protect the
 1869  rights of the residents of an assisted living residence facility
 1870  when the facility is sold or the ownership thereof is
 1871  transferred. Therefore, in addition to the requirements of part
 1872  I part II of chapter 408, whenever a residence facility is sold
 1873  or the ownership thereof is transferred, including leasing:
 1874         (1) The transferee shall notify the residents, in writing,
 1875  of the change of ownership within 7 days after receipt of the
 1876  new license.
 1877         (2) The transferor of a residence facility the license of
 1878  which is denied pending an administrative hearing shall, as a
 1879  part of the written change-of-ownership contract, advise the
 1880  transferee of such action that a plan of correction must be
 1881  submitted by the transferee and approved by the agency at least
 1882  7 days before the change of ownership and that failure to
 1883  correct the condition which resulted in the moratorium pursuant
 1884  to part II of chapter 408 or denial of licensure is grounds for
 1885  denial of the transferee’s license.
 1886         Section 19. Section 429.14, Florida Statutes, is amended to
 1887  read:
 1888         429.14 Administrative penalties.—
 1889         (1) In addition to the requirements of part I part II of
 1890  chapter 408, the agency may deny, revoke, and suspend any
 1891  license issued under this chapter part and impose an
 1892  administrative fine in the manner provided in chapter 120
 1893  against a licensee for a violation of any provision of this
 1894  chapter part, part II of chapter 408, or applicable rules, or
 1895  for any of the following actions by a licensee, or for the
 1896  actions of any person subject to level 2 background screening
 1897  under s. 429.008 408.809, or for the actions of any facility
 1898  employee:
 1899         (a) An intentional or negligent act seriously affecting the
 1900  health, safety, or welfare of a resident of the residence
 1901  facility.
 1902         (b) The determination by the agency that the owner lacks
 1903  the financial ability to provide continuing adequate care to
 1904  residents.
 1905         (c) Misappropriation or conversion of the property of a
 1906  resident of the facility.
 1907         (d) Failure to follow the criteria and procedures provided
 1908  under part I of chapter 394 relating to the transportation,
 1909  voluntary admission, and involuntary examination of a facility
 1910  resident.
 1911         (c)(e) A citation of any of the following violations
 1912  deficiencies as specified in s. 429.19:
 1913         1. One or more cited class I violations deficiencies.
 1914         2. Three or more cited class II violations deficiencies.
 1915         3. Five or more cited class III violations deficiencies
 1916  that have been cited on a single survey and have not been
 1917  corrected within the times specified.
 1918         (d)(f) Failure to comply with the background screening
 1919  standards of this part, s. 429.008 408.809(1), or chapter 435.
 1920         (e)(g) Violation of a moratorium.
 1921         (f)(h) Failure of the license applicant, the licensee
 1922  during relicensure, or a licensee that holds a provisional
 1923  license to meet the minimum license requirements of this part,
 1924  or related rules, at the time of license application or renewal.
 1925         (g)(i) An intentional or negligent life-threatening act in
 1926  violation of the uniform firesafety standards for assisted
 1927  living residences facilities or other firesafety standards that
 1928  threatens the health, safety, or welfare of a resident of a
 1929  residence facility, as communicated to the agency by the local
 1930  authority having jurisdiction or the State Fire Marshal.
 1931         (h)(j) Knowingly operating any unlicensed residence
 1932  facility or providing without a license any service that must be
 1933  licensed under this chapter or chapter 400.
 1934         (i)(k) Any act constituting a ground upon which application
 1935  for a license may be denied.
 1936         (2) Upon notification by the local authority having
 1937  jurisdiction or by the State Fire Marshal, the agency may deny
 1938  or revoke the license of a licensee of an assisted living
 1939  residence facility that fails to correct cited fire code
 1940  violations that affect or threaten the health, safety, or
 1941  welfare of a resident of the residence a facility.
 1942         (3) The agency may deny a license to any applicant or
 1943  controlling interest that as defined in part II of chapter 408
 1944  which has or had a 51 percent 25-percent or greater financial or
 1945  ownership interest in any other residence facility licensed
 1946  under this part, or in any entity licensed by this state or
 1947  another state to provide health or residential care, which
 1948  facility or entity during the 5 years prior to the application
 1949  for a license closed due to financial inability to operate; had
 1950  a receiver appointed or a license denied, suspended, or revoked;
 1951  was subject to a moratorium; or had an injunctive proceeding
 1952  initiated against it.
 1953         (4) The agency shall deny or revoke the license of an
 1954  assisted living facility that has two or more class I violations
 1955  that are similar or identical to violations identified by the
 1956  agency during a survey, inspection, monitoring visit, or
 1957  complaint investigation occurring within the previous 2 years.
 1958         (4)(5) An action taken by the agency to suspend, deny, or
 1959  revoke a licensee’s facility’s license under this part or part I
 1960  part II of chapter 408, in which the agency claims that the
 1961  residence facility owner or a staff member an employee of the
 1962  residence facility has threatened the health, safety, or welfare
 1963  of a resident of the residence facility be heard by the Division
 1964  of Administrative Hearings of the Department of Management
 1965  Services within 120 days after receipt of the residence’s
 1966  facility’s request for a hearing, unless that time limitation is
 1967  waived by both parties. The administrative law judge must render
 1968  a decision within 30 days after receipt of a proposed
 1969  recommended order.
 1970         (6) The agency shall provide to the Division of Hotels and
 1971  Restaurants of the Department of Business and Professional
 1972  Regulation, on a monthly basis, a list of those assisted living
 1973  facilities that have had their licenses denied, suspended, or
 1974  revoked or that are involved in an appellate proceeding pursuant
 1975  to s. 120.60 related to the denial, suspension, or revocation of
 1976  a license.
 1977         (5)(7) Agency notification of a license suspension or
 1978  revocation, or denial of a license renewal, shall be posted and
 1979  visible to the public at the residence facility.
 1980         Section 20. Section 429.17, Florida Statutes, is amended to
 1981  read:
 1982         429.17 Expiration of license; renewal; conditional
 1983  license.—
 1984         (1) Limited nursing, Extended congregate care, and limited
 1985  mental health licenses shall expire at the same time as the
 1986  residence’s facility’s standard license, regardless of when
 1987  issued.
 1988         (2) A license shall be renewed in accordance with part I
 1989  part II of chapter 408 and upon the provision of satisfactory
 1990  proof of ability to operate and conduct the facility in
 1991  accordance with the requirements of this part and adopted rules,
 1992  including proof that the residence facility has received a
 1993  satisfactory firesafety inspection, conducted by the local
 1994  authority having jurisdiction or the State Fire Marshal, within
 1995  the preceding 12 months.
 1996         (3) In addition to the requirements of part I part II of
 1997  chapter 408, each residence facility must report to the agency
 1998  any adverse court action concerning the residence’s facility’s
 1999  financial viability, within 7 days after its occurrence. The
 2000  agency shall have access to books, records, and any other
 2001  financial documents maintained by the residence facility to the
 2002  extent necessary to determine the residence’s facility’s
 2003  financial stability.
 2004         (4) In addition to the license categories available in part
 2005  I s. 408.808, a conditional license may be issued to an
 2006  applicant for license renewal if the applicant fails to meet all
 2007  standards and requirements for licensure. A conditional license
 2008  issued under this subsection shall be limited in duration to a
 2009  specific period of time not to exceed 6 months, as determined by
 2010  the agency, and shall be accompanied by an agency-approved plan
 2011  of correction.
 2012         (5) When an extended congregate care or limited nursing
 2013  license is requested during a residence’s facility’s biennial
 2014  license period, the fee shall be prorated in order to permit the
 2015  additional license to expire at the end of the biennial license
 2016  period. The fee shall be calculated as of the date the
 2017  additional license application is received by the agency.
 2018         (6) The department may by rule establish renewal
 2019  procedures, identify forms, and specify documentation necessary
 2020  to administer this section. The agency, in consultation with the
 2021  department, may adopt rules to administer the requirements of
 2022  part II of chapter 408.
 2023         Section 21. Section 429.174, Florida Statutes, is amended
 2024  to read:
 2025         429.174 Background screening.—The agency shall require
 2026  level 2 background screening for personnel as required in s.
 2027  429.008(1)(e) 408.809(1)(e) pursuant to chapter 435 and s.
 2028  429.008 408.809.
 2029         Section 22. Section 429.177, Florida Statutes, is amended
 2030  to read:
 2031         429.177 Patients with Alzheimer’s disease or other related
 2032  disorders; certain disclosures.—A licensed residence that
 2033  facility licensed under this part which claims that it provides
 2034  special care for persons who have Alzheimer’s disease or other
 2035  related disorders must disclose in its advertisements or in a
 2036  separate document those services that distinguish the care as
 2037  being especially applicable to, or suitable for, such persons.
 2038  The residence facility must give a copy of all such
 2039  advertisements or a copy of the document to each person who
 2040  requests information about programs and services for persons
 2041  with Alzheimer’s disease or other related disorders offered by
 2042  the residence facility and must maintain a copy of all such
 2043  advertisements and documents in its records. The agency shall
 2044  examine all such advertisements and documents in the residence’s
 2045  facility’s records as part of the license renewal procedure.
 2046         Section 23. Section 429.178, Florida Statutes, is amended
 2047  to read:
 2048         429.178 Special care for persons with Alzheimer’s disease
 2049  or other related disorders.—
 2050         (1) A residence that facility which advertises that it
 2051  provides special care for persons with Alzheimer’s disease or
 2052  other related disorders must meet the following standards of
 2053  operation:
 2054         (a)1.If the facility has 17 or more residents, Have an
 2055  awake staff member on duty at all hours of the day and night for
 2056  each secured unit of the residence that houses any residents
 2057  with Alzheimer’s disease or other related disorders.; or
 2058         2. If the facility has fewer than 17 residents, have an
 2059  awake staff member on duty at all hours of the day and night or
 2060  have mechanisms in place to monitor and ensure the safety of the
 2061  facility’s residents.
 2062         (b) Offer activities specifically designed for persons who
 2063  are cognitively impaired.
 2064         (c) Have a physical environment that provides for the
 2065  safety and welfare of the facility’s residents of the residence.
 2066         (d) Employ staff who have completed the training and
 2067  continuing education required in subsection (2).
 2068  
 2069  For the safety and protection of residents with Alzheimer’s
 2070  disease, related disorders, or dementia, a secured locked unit
 2071  may be designated. The unit may consist of the entire building
 2072  or a distinct part of the building. Exit doors shall be equipped
 2073  with an operating alarm system which releases upon activation of
 2074  the fire alarm. These units are exempt from specific life safety
 2075  requirements to which assisted living residences are normally
 2076  subject. A staff member must be awake and present in the secured
 2077  unit at all times.
 2078         (2)(a) A staff member An individual who is employed by a
 2079  residence facility that provides special care for residents with
 2080  Alzheimer’s disease or other related disorders, and who has
 2081  regular contact with such residents, must complete up to 4 hours
 2082  of initial dementia-specific training developed or approved by
 2083  the department. The training shall be completed within 3 months
 2084  after beginning employment and shall satisfy the core training
 2085  requirements of s. 429.52(2)(g).
 2086         (b) A direct care staff member caregiver who is employed by
 2087  a residence facility that provides special care for residents
 2088  with Alzheimer’s disease or other related disorders, and who
 2089  provides direct care to such residents, must complete the
 2090  required initial training required in paragraph (a) and 4
 2091  additional hours of training developed or approved by the
 2092  department. The training shall be completed within 9 months
 2093  after beginning employment and shall satisfy the core training
 2094  requirements of s. 429.52(2)(g).
 2095         (c) A staff member An individual who is employed by a
 2096  residence facility that provides special care for residents with
 2097  Alzheimer’s disease or other related disorders, but who only has
 2098  incidental contact with such residents, must be given, at a
 2099  minimum, general information on interacting with individuals
 2100  with Alzheimer’s disease or other related disorders, within 3
 2101  months after beginning employment.
 2102         (3) In addition to the training required under subsection
 2103  (2), a direct care staff member caregiver must participate in a
 2104  minimum of 4 contact hours of continuing education each calendar
 2105  year. The continuing education must include one or more topics
 2106  included in the dementia-specific training developed or approved
 2107  by the department, in which the caregiver has not received
 2108  previous training.
 2109         (4) Upon completing any training listed in subsection (2),
 2110  the staff member employee or direct care staff member caregiver
 2111  shall be issued a certificate that includes the name of the
 2112  training provider, the topic covered, and the date and signature
 2113  of the training provider. The certificate is evidence of
 2114  completion of training in the identified topic, and the staff
 2115  member employee or direct care staff member caregiver is not
 2116  required to repeat training in that topic if the staff member
 2117  employee or direct care staff member caregiver changes
 2118  employment to a different residence facility. The staff member
 2119  employee or direct care staff member caregiver must comply with
 2120  other applicable continuing education requirements.
 2121         (5) The department, or its designee, shall approve the
 2122  initial and continuing education courses and providers.
 2123         (6) The department shall maintain and post on its website
 2124  keep a current list of providers who are approved to provide
 2125  initial and continuing education for staff and direct care staff
 2126  members of residences facilities that provide special care for
 2127  persons with Alzheimer’s disease or other related disorders.
 2128         (7) Any facility more than 90 percent of whose residents
 2129  receive monthly optional supplementation payments is not
 2130  required to pay for the training and education programs required
 2131  under this section. A facility that has one or more such
 2132  residents shall pay a reduced fee that is proportional to the
 2133  percentage of such residents in the facility. A facility that
 2134  does not have any residents who receive monthly optional
 2135  supplementation payments must pay a reasonable fee, as
 2136  established by the department, for such training and education
 2137  programs.
 2138         (7)(8) The department shall adopt rules to establish
 2139  standards for trainers and training and to implement this
 2140  section.
 2141         Section 24. Section 429.18, Florida Statutes, is amended to
 2142  read:
 2143         429.18 Disposition of fees and administrative fines.—Income
 2144  from fees and fines collected under this part shall be directed
 2145  to and used by the agency for the following purposes:
 2146         (1) Up to 50 percent of the trust funds accrued each fiscal
 2147  year under this part may be used to offset the expenses of
 2148  receivership, pursuant to s. 429.22, if the court determines
 2149  that the income and assets of the residence facility are
 2150  insufficient to provide for adequate management and operation.
 2151         (2) An amount of $5,000 of the trust funds accrued each
 2152  year under this part shall be allocated to pay for inspection
 2153  related physical and mental health examinations requested by the
 2154  agency pursuant to s. 429.26 for residents who are either
 2155  recipients of supplemental security income or have monthly
 2156  incomes not in excess of the maximum combined federal and state
 2157  cash subsidies available to supplemental security income
 2158  recipients, as provided for in s. 409.212. Such funds shall only
 2159  be used where the resident is ineligible for Medicaid.
 2160         (3) Any trust funds accrued each year under this part and
 2161  not used for the purposes specified in subsections (1) and (2)
 2162  shall be used to offset the costs of the licensure program,
 2163  verifying information submitted, defraying the costs of
 2164  processing the names of applicants, and conducting inspections
 2165  and monitoring visits pursuant to this part and part I part II
 2166  of chapter 408.
 2167         Section 25. Section 429.19, Florida Statutes, is amended to
 2168  read:
 2169         429.19 Violations; imposition of administrative fines;
 2170  grounds.—
 2171         (1) In addition to the requirements of part II of chapter
 2172  408, The agency shall impose an administrative fine in the
 2173  manner provided in chapter 120 for the violation of any
 2174  provision of this chapter part, part II of chapter 408, and
 2175  applicable rules by an assisted living residence facility, for
 2176  the actions of any person subject to level 2 background
 2177  screening under s.429.008 408.809, for the actions of any
 2178  facility employee, or for an intentional or negligent act
 2179  seriously affecting the health, safety, or welfare of a resident
 2180  of the residence facility.
 2181         (2) Each violation of this part and adopted rules shall be
 2182  classified according to the nature of the violation and the
 2183  gravity of its probable effect on residents of the residence
 2184  facility residents. The agency shall indicate the classification
 2185  on the written notice of the violation as follows:
 2186         (a) Class “I” violations are those conditions or
 2187  occurrences related to the operation and maintenance of a
 2188  residence or to the care of residents which the agency
 2189  determines present an imminent danger to the residents or a
 2190  substantial probability that death or serious physical or
 2191  emotional harm would result therefrom. The condition or practice
 2192  constituting a class I violation shall be abated or eliminated
 2193  within 24 hours, unless a fixed period, as determined by the
 2194  agency, is required for correction defined in s. 408.813. The
 2195  agency shall impose an administrative fine for a cited class I
 2196  violation in an amount not less than $5,000 and not exceeding
 2197  $10,000 for each violation. A fine shall be levied
 2198  notwithstanding the correction of the violation.
 2199         (b) Class “II” violations are those conditions or
 2200  occurrences related to the operation and maintenance of a
 2201  residence or to the care of residents which the agency
 2202  determines directly threaten the physical or emotional health,
 2203  safety, or security of the residents, other than class I
 2204  violations defined in s. 408.813. The agency shall impose an
 2205  administrative fine for a cited class II violation in an amount
 2206  not less than $1,000 and not exceeding $5,000 for each
 2207  violation. A fine shall be levied notwithstanding the correction
 2208  of the violation.
 2209         (c) Class “III” violations are those conditions or
 2210  occurrences related to the operation and maintenance of a
 2211  residence or to the care of residents which the agency
 2212  determines indirectly or potentially threaten the physical or
 2213  emotional health, safety, or security of residents, other than
 2214  class I or class II violations defined in s. 408.813. The agency
 2215  shall impose an administrative fine for a cited class III
 2216  violation in an amount not less than $500 and not exceeding
 2217  $1,000 for each violation. If a class III violation is corrected
 2218  within the time specified, a fine may not be imposed.
 2219         (d) Class “IV” violations are those conditions or
 2220  occurrences related to the operation and maintenance of a
 2221  residence or to required reports, forms, or documents that do
 2222  not have the potential of negatively affecting residents. These
 2223  violations are of a type that the agency determines do not
 2224  threaten the health, safety, or security of residents defined in
 2225  s. 408.813. The agency shall impose an administrative fine for a
 2226  cited class IV violation in an amount not less than $100 and not
 2227  exceeding $200 for each violation. A citation for a class IV
 2228  violation must specify the time within which the violation is
 2229  required to be corrected. If a class IV violation is corrected
 2230  within the time specified, a fine may not be imposed.
 2231         (3) For purposes of this section, in determining if a
 2232  penalty is to be imposed and in fixing the amount of the fine,
 2233  the agency shall consider the following factors:
 2234         (a) The gravity of the violation, including the probability
 2235  that death or serious physical or emotional harm to a resident
 2236  will result or has resulted, the severity of the action or
 2237  potential harm, and the extent to which the provisions of the
 2238  applicable laws or rules were violated.
 2239         (b) Actions taken by the owner or administrator to correct
 2240  violations.
 2241         (c) Any previous violations.
 2242         (d) The financial benefit to the residence facility of
 2243  committing or continuing the violation.
 2244         (e) The licensed capacity of the residence facility.
 2245         (4) Each day of continuing violation after the date fixed
 2246  for termination of the violation, as ordered by the agency,
 2247  constitutes an additional, separate, and distinct violation.
 2248         (5) Any action taken to correct a violation shall be
 2249  documented in writing by the licensee owner or administrator of
 2250  the residence facility and verified through followup visits by
 2251  agency personnel or desk review. The agency may impose a fine
 2252  and, in the case of an owner-operated residence facility, revoke
 2253  or deny a licensee’s facility’s license when the agency has
 2254  documented that a residence facility administrator has
 2255  fraudulently misrepresented misrepresents action taken to
 2256  correct a violation.
 2257         (6) Any residence facility whose owner fails to apply for a
 2258  change-of-ownership license in accordance with part I part II of
 2259  chapter 408 and operates the residence facility under the new
 2260  ownership is subject to a fine of $5,000.
 2261         (7) In addition to any administrative fines imposed, the
 2262  agency may assess a survey fee, equal to the lesser of one half
 2263  of the residence’s facility’s biennial license and bed fee or
 2264  $500, to cover the cost of conducting initial complaint
 2265  investigations that result in the finding of a violation that
 2266  was the subject of the complaint or monitoring visits conducted
 2267  under s. 429.28(3)(c) to verify the correction of the
 2268  violations.
 2269         (8) During an inspection, the agency shall make a
 2270  reasonable attempt to discuss each violation with the owner or
 2271  administrator of the residence, before facility, prior to
 2272  written notification.
 2273         (9) The agency shall develop and disseminate an annual list
 2274  of all facilities sanctioned or fined for violations of state
 2275  standards, the number and class of violations involved, the
 2276  penalties imposed, and the current status of cases. The list
 2277  shall be disseminated, at no charge, to the Department of
 2278  Elderly Affairs, the Department of Health, the Department of
 2279  Children and Family Services, the Agency for Persons with
 2280  Disabilities, the area agencies on aging, the Florida Statewide
 2281  Advocacy Council, and the state and local ombudsman councils.
 2282  The Department of Children and Family Services shall disseminate
 2283  the list to service providers under contract to the department
 2284  who are responsible for referring persons to a facility for
 2285  residency. The agency may charge a fee commensurate with the
 2286  cost of printing and postage to other interested parties
 2287  requesting a copy of this list. This information may be provided
 2288  electronically or through the agency’s Internet site.
 2289         Section 26. Section 429.195, Florida Statutes, is amended
 2290  to read:
 2291         429.195 Rebates prohibited; penalties.—
 2292         (1) It is unlawful for the licensee of any assisted living
 2293  residence facility licensed under this chapter part to contract
 2294  or promise to pay or receive any commission, bonus, kickback, or
 2295  rebate or engage in any split-fee arrangement in any form
 2296  whatsoever with any physician, surgeon, organization, agency, or
 2297  person, either directly or indirectly, for residents referred to
 2298  a licensed an assisted living residence facility licensed under
 2299  this part. A licensee for a residence facility may employ or
 2300  contract with persons to market the residence facility, provided
 2301  the employee or contract provider clearly indicates that he or
 2302  she represents the residence facility. A person or agency
 2303  independent of the residence facility may provide placement or
 2304  referral services for a fee to individuals seeking assistance in
 2305  finding a suitable residence facility; however, any fee paid for
 2306  placement or referral services must be paid by the individual
 2307  looking for a residence facility, not by the residence facility.
 2308         (2) A violation of this section shall be considered patient
 2309  brokering and is punishable as provided in s. 817.505.
 2310         (3) This section does not apply to residents of an assisted
 2311  living residence who refer friends, family members, or other
 2312  individuals with whom they have a personal relationship to the
 2313  assisted living residence, and does not prohibit the licensee of
 2314  the assisted living residence from providing a monetary reward
 2315  to the resident for making such a referral.
 2316         Section 27. Section 429.20, Florida Statutes, is amended to
 2317  read:
 2318         429.20 Certain solicitation prohibited; third-party
 2319  supplementation.—
 2320         (1) A person may not, in connection with the solicitation
 2321  of contributions by or on behalf of an assisted living residence
 2322  facility or residences facilities, misrepresent or mislead any
 2323  person, by any manner, means, practice, or device whatsoever, to
 2324  believe that the receipts of such solicitation will be used for
 2325  charitable purposes, if that is not the fact.
 2326         (2) Solicitation of contributions of any kind in a
 2327  threatening, coercive, or unduly forceful manner by or on behalf
 2328  of an assisted living residence facility or residences
 2329  facilities by any agent, employee, owner, or representative of
 2330  any assisted living residence facility or residences facilities
 2331  is prohibited grounds for denial, suspension, or revocation of
 2332  the license of the assisted living facility or facilities by or
 2333  on behalf of which such contributions were solicited.
 2334         (3) The admission or maintenance of assisted living
 2335  residence facility residents whose care is supported, in whole
 2336  or in part, by state funds may not be conditioned upon the
 2337  receipt of any manner of contribution or donation from any
 2338  person. The solicitation or receipt of contributions in
 2339  violation of this subsection is grounds for denial, suspension,
 2340  or revocation of license, as provided in s. 429.14, for any
 2341  assisted living facility by or on behalf of which such
 2342  contributions were solicited.
 2343         (4) An assisted living residence facility may accept
 2344  additional supplementation from third parties on behalf of
 2345  residents receiving optional state supplementation in accordance
 2346  with s. 409.212.
 2347         Section 28. Section 429.22, Florida Statutes, is amended to
 2348  read:
 2349         429.22 Receivership proceedings.—
 2350         (1) As an alternative to or in conjunction with an
 2351  injunctive proceeding, the agency may petition a court of
 2352  competent jurisdiction for the appointment of a receiver, if
 2353  suitable alternate placements are not available, when any of the
 2354  following conditions exist:
 2355         (a) The residence facility is operating without a license
 2356  having been obtained by a licensee and refuses to make
 2357  application for a license as required by ss. 429.07 and 429.08.
 2358         (b) The residence facility is closing or has informed the
 2359  agency that it intends to close and adequate arrangements have
 2360  not been made for relocation of the residents within 7 days,
 2361  exclusive of weekends and holidays, of the closing of the
 2362  residence facility.
 2363         (c) The agency determines there exist in the residence
 2364  facility conditions which present an imminent danger to the
 2365  health, safety, or welfare of the residents of the residence
 2366  facility or a substantial probability that death or serious
 2367  physical harm would result therefrom.
 2368         (d) The licensee of the residence facility cannot meet its
 2369  financial obligation for providing food, shelter, care, and
 2370  utilities.
 2371         (2) Petitions for receivership shall take precedence over
 2372  other court business unless the court determines that some other
 2373  pending proceeding, having similar statutory precedence, shall
 2374  have priority. A hearing shall be conducted within 5 days of the
 2375  filing of the petition, at which time all interested parties
 2376  shall have the opportunity to present evidence pertaining to the
 2377  petition. The agency shall notify, by certified mail, the
 2378  licensee, owner or administrator of the residence facility named
 2379  in the petition, and the residence facility resident or, if
 2380  applicable, the resident’s representative or designee, or the
 2381  resident’s surrogate, guardian, or attorney in fact, of its
 2382  filing, the substance of the violation, and the date and place
 2383  set for the hearing. The court shall grant the petition only
 2384  upon finding that the health, safety, or welfare of residence
 2385  facility residents would be threatened if a condition existing
 2386  at the time the petition was filed is permitted to continue. A
 2387  receiver shall not be appointed ex parte unless the court
 2388  determines that one or more of the conditions in subsection (1)
 2389  exist; that the residence licensee, facility owner, or
 2390  administrator cannot be found; that all reasonable means of
 2391  locating the licensee, owner, or administrator and notifying him
 2392  or her of the petition and hearing have been exhausted; or that
 2393  the licensee, owner, or administrator after notification of the
 2394  hearing chooses not to attend. After such findings, the court
 2395  may appoint any qualified person as a receiver, except it may
 2396  not appoint any owner or affiliate of the residence that
 2397  facility which is in receivership. The receiver may be selected
 2398  from a list of persons qualified to act as receivers developed
 2399  by the agency and presented to the court with each petition for
 2400  receivership. Under no circumstances may the agency or
 2401  designated agency employee be appointed as a receiver for more
 2402  than 60 days; however, the receiver may petition the court, one
 2403  time only, for a 30-day extension. The court shall grant the
 2404  extension upon a showing of good cause.
 2405         (3) The receiver must make provisions for the continued
 2406  health, safety, and welfare of all residents of the residence
 2407  facility and:
 2408         (a) Shall exercise those powers and perform those duties
 2409  set out by the court.
 2410         (b) Shall operate the residence facility in such a manner
 2411  as to assure safety and adequate health care for the residents.
 2412         (c) Shall take such action as is reasonably necessary to
 2413  protect or conserve the assets or property of the residence
 2414  facility for which the receiver is appointed, or the proceeds
 2415  from any transfer thereof, and may use them only in the
 2416  performance of the powers and duties set forth in this section
 2417  and by order of the court.
 2418         (d) May use the building, fixtures, furnishings, and any
 2419  accompanying consumable goods in the provision of care and
 2420  services to residents and to any other persons receiving
 2421  services from the residence facility at the time the petition
 2422  for receivership was filed. The receiver shall collect payments
 2423  for all goods and services provided to residents or others
 2424  during the period of the receivership at the same rate of
 2425  payment charged by the owners at the time the petition for
 2426  receivership was filed, or at a fair and reasonable rate
 2427  otherwise approved by the court.
 2428         (e) May correct or eliminate any deficiency in the
 2429  structure or furnishings of the residence facility which
 2430  endangers the safety or health of residents while they remain in
 2431  the residence facility, if the total cost of correction does not
 2432  exceed $10,000. The court may order expenditures for this
 2433  purpose in excess of $10,000 on application from the receiver
 2434  after notice to the owner and a hearing.
 2435         (f) May let contracts and hire agents and employees to
 2436  carry out the powers and duties of the receiver.
 2437         (g) Shall honor all leases, mortgages, and secured
 2438  transactions governing the building or buildings in which the
 2439  residence facility is located and all goods and fixtures in the
 2440  building or buildings of which the receiver has taken
 2441  possession, but only to the extent of payments which, in the
 2442  case of a rental agreement, are for the use of the property
 2443  during the period of the receivership, or which, in the case of
 2444  a purchase agreement, become due during the period of the
 2445  receivership.
 2446         (h) Shall have full power to direct and manage and to
 2447  discharge employees of the residence facility, subject to any
 2448  contract rights they may have. The receiver shall pay employees
 2449  at the rate of compensation, including benefits, approved by the
 2450  court. A receivership does not relieve the licensee or owner of
 2451  any obligation to employees made prior to the appointment of a
 2452  receiver and not carried out by the receiver.
 2453         (i) Shall be entitled to and take possession of all
 2454  property or assets of residents which are in the possession of a
 2455  residence, licensee, facility or its owner. The receiver shall
 2456  preserve all property, assets, and records of residents of which
 2457  the receiver takes possession and shall provide for the prompt
 2458  transfer of the property, assets, and records to the new
 2459  placement of any transferred resident. An inventory list
 2460  certified by the licensee or owner and receiver shall be made
 2461  immediately at the time the receiver takes possession of the
 2462  residence facility.
 2463         (4)(a) A person who is served with notice of an order of
 2464  the court appointing a receiver and of the receiver’s name and
 2465  address shall be liable to pay the receiver for any goods or
 2466  services provided by the receiver after the date of the order if
 2467  the person would have been liable for the goods or services as
 2468  supplied by the licensee or owner. The receiver shall give a
 2469  receipt for each payment and shall keep a copy of each receipt
 2470  on file. The receiver shall deposit accounts received in a
 2471  separate account and shall use this account for all
 2472  disbursements.
 2473         (b) The receiver may bring an action to enforce the
 2474  liability created by paragraph (a).
 2475         (c) A payment to the receiver of any sum owing to the
 2476  residence, licensee, facility or its owner shall discharge any
 2477  obligation to the residence facility to the extent of the
 2478  payment.
 2479         (5)(a) A receiver may petition the court that he or she not
 2480  be required to honor any lease, mortgage, secured transaction,
 2481  or other wholly or partially executory contract entered into by
 2482  the licensee or owner of the residence facility if the rent,
 2483  price, or rate of interest required to be paid under the
 2484  agreement was substantially in excess of a reasonable rent,
 2485  price, or rate of interest at the time the contract was entered
 2486  into, or if any material provision of the agreement was
 2487  unreasonable, when compared to contracts negotiated under
 2488  similar conditions. Any relief in this form provided by the
 2489  court shall be limited to the life of the receivership, unless
 2490  otherwise determined by the court.
 2491         (b) If the receiver is in possession of real estate or
 2492  goods subject to a lease, mortgage, or security interest which
 2493  the receiver has obtained a court order to avoid under paragraph
 2494  (a), and if the real estate or goods are necessary for the
 2495  continued operation of the residence facility under this
 2496  section, the receiver may apply to the court to set a reasonable
 2497  rental, price, or rate of interest to be paid by the receiver
 2498  during the duration of the receivership. The court shall hold a
 2499  hearing on the application within 15 days. The receiver shall
 2500  send notice of the application to any known persons who own the
 2501  property involved at least 10 days prior to the hearing. Payment
 2502  by the receiver of the amount determined by the court to be
 2503  reasonable is a defense to any action against the receiver for
 2504  payment or for possession of the goods or real estate subject to
 2505  the lease, security interest, or mortgage involved by any person
 2506  who received such notice, but the payment does not relieve the
 2507  licensee or owner of the residence facility of any liability for
 2508  the difference between the amount paid by the receiver and the
 2509  amount due under the original lease, security interest, or
 2510  mortgage involved.
 2511         (6) The court shall set the compensation of the receiver,
 2512  which will be considered a necessary expense of a receivership.
 2513         (7) A receiver may be held liable in a personal capacity
 2514  only for the receiver’s own gross negligence, intentional acts,
 2515  or breach of fiduciary duty.
 2516         (8) The court may require a receiver to post a bond.
 2517         (9) The court may direct the agency to allocate funds from
 2518  the Health Care Trust Fund to the receiver, subject to the
 2519  provisions of s. 429.18.
 2520         (10) The court may terminate a receivership when:
 2521         (a) The court determines that the receivership is no longer
 2522  necessary because the conditions which gave rise to the
 2523  receivership no longer exist or the agency grants the licensee
 2524  of the residence facility a new license; or
 2525         (b) All of the residents in the residence facility have
 2526  been transferred or discharged.
 2527         (11) Within 30 days after termination, the receiver shall
 2528  give the court a complete accounting of all property of which
 2529  the receiver has taken possession, of all funds collected, and
 2530  of the expenses of the receivership.
 2531         (12) Nothing in this section shall be deemed to relieve any
 2532  licensee, owner, administrator, or employee of a residence
 2533  facility placed in receivership of any civil or criminal
 2534  liability incurred, or any duty imposed by law, by reason of
 2535  acts or omissions of the licensee, owner, administrator, or
 2536  employee prior to the appointment of a receiver; nor shall
 2537  anything contained in this section be construed to suspend
 2538  during the receivership any obligation of the owner,
 2539  administrator, or employee for payment of taxes or other
 2540  operating and maintenance expenses of the residence facility or
 2541  of the licensee, owner, administrator, employee, or any other
 2542  person for the payment of mortgages or liens. The owner shall
 2543  retain the right to sell or mortgage any residence facility
 2544  under receivership, subject to approval of the court which
 2545  ordered the receivership.
 2546         Section 29. Section 429.23, Florida Statutes, is amended to
 2547  read:
 2548         429.23 Internal risk management and quality assurance
 2549  program; adverse incidents and reporting requirements.—
 2550         (1) Every licensed residence facility licensed under this
 2551  part may, as part of its administrative functions, voluntarily
 2552  establish a risk management and quality assurance program, the
 2553  purpose of which is to assess resident care practices, residence
 2554  facility incident reports, violations deficiencies cited by the
 2555  agency, adverse incident reports, and resident grievances and
 2556  develop plans of action to correct and respond quickly to
 2557  identify quality differences.
 2558         (2) Every licensed residence facility licensed under this
 2559  part is required to maintain adverse incident reports. For
 2560  purposes of this section, the term, “adverse incident” means:
 2561         (a) An event over which residence staff facility personnel
 2562  could exercise control rather than as a result of the resident’s
 2563  condition and results in:
 2564         1. Death;
 2565         2. Brain or spinal damage;
 2566         3. Permanent disfigurement;
 2567         4. Fracture or dislocation of bones or joints;
 2568         5. Any condition that required medical attention to which
 2569  the resident has not given his or her consent, excluding
 2570  proceedings governed by part I of chapter 394, but including
 2571  failure to honor advanced directives;
 2572         6. Any condition that requires the transfer of the resident
 2573  from the residence facility to a unit providing more acute care
 2574  due to the incident rather than the resident’s condition before
 2575  the incident; or
 2576         7. An event that is reported to law enforcement or its
 2577  personnel for investigation; or
 2578         (b) Resident elopement, if the elopement places the
 2579  resident at risk of harm or injury.
 2580         (3) Licensed facilities shall provide within 1 business day
 2581  after the occurrence of an adverse incident, by electronic mail,
 2582  facsimile, or United States mail, a preliminary report to the
 2583  agency on all adverse incidents specified under this section.
 2584  The report must include information regarding the identity of
 2585  the affected resident, the type of adverse incident, and the
 2586  status of the facility’s investigation of the incident.
 2587         (3)(4) Licensed residences facilities shall provide within
 2588  7 business 15 days after the occurrence of an adverse incident,
 2589  by electronic mail, facsimile, or United States mail, a full
 2590  report to the agency on the all adverse incident, including
 2591  information regarding the identity of the affected resident, the
 2592  type of adverse incident, and incidents specified in this
 2593  section. The report must include the results of the residence’s
 2594  facility’s investigation into the adverse incident.
 2595         (5) Each facility shall report monthly to the agency any
 2596  liability claim filed against it. The report must include the
 2597  name of the resident, the dates of the incident leading to the
 2598  claim, if applicable, and the type of injury or violation of
 2599  rights alleged to have occurred. This report is not discoverable
 2600  in any civil or administrative action, except in such actions
 2601  brought by the agency to enforce the provisions of this part.
 2602         (4)(6) Abuse, neglect, or exploitation must be reported to
 2603  the Department of Children and Family Services as required under
 2604  chapter 415.
 2605         (5)(7) The information reported to the agency pursuant to
 2606  subsection (3) which relates to persons licensed under chapter
 2607  458, chapter 459, chapter 461, chapter 464, or chapter 465 shall
 2608  be reviewed by the agency. The agency shall determine whether
 2609  any of the incidents potentially involved conduct by a health
 2610  care professional who is subject to disciplinary action, in
 2611  which case the provisions of s. 456.073 apply. The agency may
 2612  investigate, as it deems appropriate, any such incident and
 2613  prescribe measures that must or may be taken in response to the
 2614  incident. The agency shall review each incident and determine
 2615  whether it potentially involved conduct by a health care
 2616  professional who is subject to disciplinary action, in which
 2617  case the provisions of s. 456.073 apply.
 2618         (6)(8) If the agency, through its receipt of the adverse
 2619  incident reports prescribed in this part or through any
 2620  investigation, has reasonable belief that conduct by a staff
 2621  member or employee of a licensed residence facility is grounds
 2622  for disciplinary action by the appropriate board, the agency
 2623  shall report this fact to such regulatory board.
 2624         (7)(9) The adverse incident report reports and preliminary
 2625  adverse incident reports required under this section is are
 2626  confidential as provided by law and is are not discoverable or
 2627  admissible in any civil or administrative action, except in
 2628  disciplinary proceedings by the agency or appropriate regulatory
 2629  board.
 2630         (8)(10) The Department of Elderly Affairs may adopt rules
 2631  necessary to administer this section.
 2632         Section 30. Section 429.24, Florida Statutes, is amended to
 2633  read:
 2634         429.24 Contracts.—
 2635         (1) The presence of each resident in a residence facility
 2636  shall be covered by a contract, executed at the time of
 2637  admission or prior thereto, between the licensee and the
 2638  resident or his or her designee or legal representative. Each
 2639  party to the contract shall be provided with a duplicate
 2640  original thereof, and the licensee shall keep on file in the
 2641  residence facility all such contracts. The licensee may not
 2642  destroy or otherwise dispose of any such contract until 5 years
 2643  after its expiration.
 2644         (2) Each contract must contain express provisions
 2645  specifically setting forth the services and accommodations to be
 2646  provided by the residence facility; the rates or charges;
 2647  provision for at least 30 days’ written notice of a rate
 2648  increase; the rights, duties, and obligations of the residents,
 2649  other than those specified in s. 429.28; and other matters that
 2650  the parties deem appropriate. Whenever money is deposited or
 2651  advanced by a resident in a contract as security for performance
 2652  of the contract agreement or as advance rent for other than the
 2653  next immediate rental period:
 2654         (a) Such funds shall be deposited in a banking institution
 2655  in this state that is located, if possible, in the same
 2656  community in which the residence facility is located; shall be
 2657  kept separate from the funds and property of the residence
 2658  facility; may not be represented as part of the assets of the
 2659  residence facility on financial statements; and shall be used,
 2660  or otherwise expended, only for the account of the resident.
 2661         (b) The licensee shall, within 30 days of receipt of
 2662  advance rent or a security deposit, notify the resident or
 2663  residents in writing of the manner in which the licensee is
 2664  holding the advance rent or security deposit and state the name
 2665  and address of the depository where the moneys are being held.
 2666  The licensee shall notify residents of the residence’s
 2667  facility’s policy on disposition of advance deposits.
 2668         (3)(a) The contract shall include a refund policy to be
 2669  implemented at the time of a resident’s transfer, discharge, or
 2670  death. The refund policy shall provide that the resident or
 2671  responsible party is entitled to a prorated refund based on the
 2672  daily rate for any unused portion of payment beyond the
 2673  termination date after all charges, including the cost of
 2674  damages to the residential unit resulting from circumstances
 2675  other than normal use, have been paid to the licensee. For the
 2676  purpose of this paragraph, the termination date shall be the
 2677  date the unit is vacated by the resident and cleared of all
 2678  personal belongings. If the amount of belongings does not
 2679  preclude renting the unit, the residence facility may clear the
 2680  unit and charge the resident or his or her estate for moving and
 2681  storing the items at a rate equal to the actual cost to the
 2682  residence facility, not to exceed 20 percent of the regular rate
 2683  for the unit, provided that 14 days’ advance written
 2684  notification is given. If the resident’s possessions are not
 2685  claimed within 45 days after notification, the residence
 2686  facility may dispose of them. The contract shall also specify
 2687  any other conditions under which claims will be made against the
 2688  refund due the resident. Except in the case of death or a
 2689  discharge due to medical reasons, the refunds shall be computed
 2690  in accordance with the notice of relocation requirements
 2691  specified in the contract. However, a resident may not be
 2692  required to provide the licensee with more than 30 days’ notice
 2693  of termination. If after a contract is terminated, the licensee
 2694  facility intends to make a claim against a refund due the
 2695  resident, the licensee facility shall notify the resident or
 2696  responsible party in writing of the claim and shall provide said
 2697  party with a reasonable time period of no less than 14 calendar
 2698  days to respond. The licensee facility shall provide a refund to
 2699  the resident or responsible party within 45 days after the
 2700  transfer, discharge, or death of the resident. The agency shall
 2701  impose a fine upon a licensee facility that fails to comply with
 2702  the refund provisions of the paragraph, which fine shall be
 2703  equal to three times the amount due to the resident. One-half of
 2704  the fine shall be remitted to the resident or his or her estate,
 2705  and the other half to the Health Care Trust Fund to be used for
 2706  the purpose specified in s. 429.18.
 2707         (b) If a licensee agrees to reserve a bed for a resident
 2708  who is admitted to a medical facility, including, but not
 2709  limited to, a nursing home, health care facility, or psychiatric
 2710  facility, the resident or his or her responsible party shall
 2711  notify the licensee of any change in status that would prevent
 2712  the resident from returning to the residence facility. Until
 2713  such notice is received, the agreed-upon daily rate may be
 2714  charged by the licensee.
 2715         (c) The purpose of any advance payment and a refund policy
 2716  for such payment, including any advance payment for housing,
 2717  meals, or personal services, shall be covered in the contract.
 2718         (4) The contract shall state whether or not the residence
 2719  facility is affiliated with any religious organization and, if
 2720  so, which organization and its general responsibility to the
 2721  residence facility.
 2722         (5) Neither the contract nor any provision thereof relieves
 2723  any licensee of any requirement or obligation imposed upon the
 2724  licensee it by this part or rules adopted under this part.
 2725         (6) In lieu of the provisions of this section, facilities
 2726  certified under chapter 651 shall comply with the requirements
 2727  of s. 651.055.
 2728         (7) Notwithstanding the provisions of this section,
 2729  residences facilities which consist of 60 or more dwelling units
 2730  apartments may require refund policies and termination notices
 2731  in accordance with the provisions of part II of chapter 83,
 2732  provided that the lease is terminated automatically without
 2733  financial penalty in the event of a resident’s death or
 2734  relocation due to psychiatric hospitalization or to medical
 2735  reasons which necessitate services or care beyond which the
 2736  licensee facility is licensed to provide. The date of
 2737  termination in such instances shall be the date the unit is
 2738  fully vacated. A lease may be substituted for the contract if it
 2739  meets the disclosure requirements of this section. For the
 2740  purpose of this section, the term “apartment” means a room or
 2741  set of rooms with a kitchen or kitchenette and lavatory located
 2742  within one or more buildings containing other similar or like
 2743  residential units.
 2744         (8) The department may by rule clarify terms, establish
 2745  procedures, clarify refund policies and contract provisions, and
 2746  specify documentation as necessary to administer this section.
 2747         Section 31. Section 429.255, Florida Statutes, is amended
 2748  to read:
 2749         429.255 Use of personnel; emergency care.—
 2750         (1)(a) Persons under contract to the residence facility, or
 2751  residence facility staff, or volunteers, who are licensed
 2752  according to part I of chapter 464, or those persons exempt
 2753  under s. 464.022(1), and others as defined by rule, may
 2754  administer medications to residents, take residents’ vital
 2755  signs, manage individual weekly pill organizers for residents
 2756  who self-administer medication, give prepackaged enemas ordered
 2757  by a physician, observe residents, document observations on the
 2758  appropriate resident’s record, report observations to the
 2759  resident’s physician, and contract or allow residents or a
 2760  resident’s representative, designee, surrogate, guardian, or
 2761  attorney in fact to contract with a third party, provided
 2762  residents meet the criteria for appropriate placement as defined
 2763  in s. 429.26. Nursing assistants certified pursuant to part II
 2764  of chapter 464 may take residents’ vital signs as directed by a
 2765  licensed nurse or physician. Persons under contract to the
 2766  residence or residence staff who are licensed under part I of
 2767  chapter 464 may provide limited nursing services.
 2768         (b) All staff in residences facilities licensed under this
 2769  part shall exercise their professional responsibility to observe
 2770  residents, to document observations on the appropriate
 2771  resident’s record, and to report the observations to the
 2772  administrator or the administrator’s designee resident’s
 2773  physician. The However, the owner or administrator of the
 2774  residence facility shall be responsible for determining that the
 2775  resident receiving services is appropriate for residence in the
 2776  assisted living residence facility.
 2777         (c) In an emergency situation, licensed personnel may carry
 2778  out their professional duties pursuant to part I of chapter 464
 2779  until emergency medical personnel assume responsibility for
 2780  care.
 2781         (2) In residences for which a licensee has been facilities
 2782  licensed to provide extended congregate care, persons under
 2783  contract to the residence facility, or residence facility staff,
 2784  or volunteers, who are licensed according to part I of chapter
 2785  464, or those persons exempt under s. 464.022(1), or those
 2786  persons certified as nursing assistants pursuant to part II of
 2787  chapter 464, may also perform all duties within the scope of
 2788  their license or certification, as approved by the residence
 2789  facility administrator and pursuant to this part.
 2790         (3) Residence Facility staff may withhold or withdraw
 2791  cardiopulmonary resuscitation if presented with an order not to
 2792  resuscitate executed pursuant to s. 401.45. The department shall
 2793  adopt rules providing for the implementation of such orders.
 2794  Residence Facility staff and residences facilities shall not be
 2795  subject to criminal prosecution or civil liability, nor be
 2796  considered to have engaged in negligent or unprofessional
 2797  conduct, for withholding or withdrawing cardiopulmonary
 2798  resuscitation pursuant to such an order and rules adopted by the
 2799  department. The absence of an order to resuscitate executed
 2800  pursuant to s. 401.45 does not preclude a physician from
 2801  withholding or withdrawing cardiopulmonary resuscitation as
 2802  otherwise permitted by law.
 2803         Section 32. Section 429.256, Florida Statutes, is amended
 2804  to read:
 2805         429.256 Assistance with self-administration of medication.—
 2806         (1) For the purposes of this section, the term:
 2807         (a) “Informed consent” means advising the resident, or the
 2808  resident’s surrogate, guardian, or attorney in fact, that an
 2809  assisted living residence facility is not required to have a
 2810  licensed nurse on staff, that the resident may be receiving
 2811  assistance with self-administration of medication from an
 2812  unlicensed person, and that such assistance, if provided by an
 2813  unlicensed person, will or will not be overseen by a licensed
 2814  nurse.
 2815         (b) “Unlicensed person” means an individual not currently
 2816  licensed to practice nursing or medicine who is employed by or
 2817  under contract to an assisted living residence facility and who
 2818  has received training with respect to assisting with the self
 2819  administration of medication in an assisted living residence
 2820  facility as provided under s. 429.52 prior to providing such
 2821  assistance as described in this section.
 2822         (2) Residents who are capable of self-administering their
 2823  own medications without assistance shall be encouraged and
 2824  allowed to do so. However, an unlicensed person may, consistent
 2825  with a dispensed prescription’s label or the package directions
 2826  of an over-the-counter medication, assist a resident whose
 2827  condition is medically stable with the self-administration of
 2828  routine, regularly scheduled medications that are intended to be
 2829  self-administered. Assistance with self-medication by an
 2830  unlicensed person may occur only upon a documented request by,
 2831  and the written informed consent of, a resident or the
 2832  resident’s surrogate, guardian, or attorney in fact. To minimize
 2833  the potential risk for improper dosage administration of
 2834  prescription drugs, a residence may require standard medication
 2835  dispensing systems for residents’ prescriptions. For the
 2836  purposes of this section, self-administered medications include
 2837  both legend and over-the-counter oral dosage forms, topical
 2838  dosage forms and topical ophthalmic, otic, and nasal dosage
 2839  forms including solutions, suspensions, sprays, and inhalers.
 2840         (3) Assistance with self-administration of medication
 2841  includes:
 2842         (a) Taking the medication, in its previously dispensed,
 2843  properly labeled container, from where it is stored, and
 2844  bringing it to the resident.
 2845         (b) In the presence of the resident, reading the label,
 2846  opening the container, removing a prescribed amount of
 2847  medication from the container, and closing the container.
 2848         (c) Placing an oral dosage in the resident’s hand or
 2849  placing the dosage in another container and helping the resident
 2850  by lifting the container to his or her mouth.
 2851         (d) Applying topical medications.
 2852         (e) Returning the medication container to proper storage.
 2853         (f) Keeping a record of when a resident receives assistance
 2854  with self-administration under this section.
 2855         (g) Preparing syringes for injection or the administration
 2856  of medications by any injectable route.
 2857         (h) Administering medications through intermittent positive
 2858  pressure breathing machines or a nebulizer.
 2859         (i) Using a glucometer to perform blood glucose checks.
 2860         (j) Assisting with the putting on and taking off ted hose.
 2861         (4) Assistance with self-administration does not include:
 2862         (a) Mixing, compounding, converting, or calculating
 2863  medication doses, except for measuring a prescribed amount of
 2864  liquid medication or breaking a scored tablet or crushing a
 2865  tablet as prescribed.
 2866         (b) The preparation of syringes for injection or the
 2867  administration of medications by any injectable route.
 2868         (c) Administration of medications through intermittent
 2869  positive pressure breathing machines or a nebulizer.
 2870         (b)(d) Administration of medications by way of a tube
 2871  inserted in a cavity of the body.
 2872         (c)(e) Administration of parenteral preparations.
 2873         (d)(f) Irrigations or debriding agents used in the
 2874  treatment of a skin condition.
 2875         (e)(g) Rectal, urethral, or vaginal preparations.
 2876         (f)(h) Medications ordered by the physician or health care
 2877  professional with prescriptive authority to be given “as
 2878  needed,” unless the order is written with specific parameters
 2879  that preclude independent judgment on the part of the unlicensed
 2880  person, and at the request of a competent resident.
 2881         (g)(i) Medications for which the time of administration,
 2882  the amount, the strength of dosage, the method of
 2883  administration, or the reason for administration requires
 2884  judgment or discretion on the part of the unlicensed person.
 2885         (5) Assistance with the self-administration of medication
 2886  by an unlicensed person as described in this section shall not
 2887  be considered administration as defined in s. 465.003.
 2888         (6) The department may by rule establish residence facility
 2889  procedures and interpret terms as necessary to implement this
 2890  section.
 2891         Section 33. Section 429.26, Florida Statutes, is amended to
 2892  read:
 2893         429.26 Appropriateness of placements; examinations of
 2894  residents.—
 2895         (1) The owner or administrator of a residence facility is
 2896  responsible for determining the appropriateness of admission of
 2897  an individual to the residence facility and for determining the
 2898  continued appropriateness of residency residence of an
 2899  individual in the residence facility. A determination shall be
 2900  based upon an assessment of the strengths, needs, and
 2901  preferences of the resident, the care and services offered or
 2902  arranged for by the residence facility in accordance with
 2903  residence facility policy, and any limitations in law or rule
 2904  related to admission criteria or continued residency for the
 2905  type of license held by the licensee of the residence facility
 2906  under this part. A resident may not be moved from one residence
 2907  facility to another without consultation with and agreement from
 2908  the resident or, if applicable, the resident’s representative or
 2909  designee or the resident’s family, guardian, surrogate, or
 2910  attorney in fact. In the case of a resident who has been placed
 2911  by the department or the Department of Children and Family
 2912  Services, the administrator must notify the appropriate contact
 2913  person in the applicable department.
 2914         (2) A physician, physician assistant, or nurse practitioner
 2915  who is employed by an assisted living residence facility to
 2916  provide an initial examination for admission purposes may not
 2917  have financial interest in the residence facility.
 2918         (3) Persons licensed under part I of chapter 464 who are
 2919  employed by or under contract with a residence facility shall,
 2920  on a routine basis or at least monthly, perform a nursing
 2921  assessment of the residents for whom they are providing nursing
 2922  services ordered by a physician, except administration of
 2923  medication, and shall document such assessment, including any
 2924  significant change substantial changes in a resident’s status
 2925  which may necessitate relocation to a nursing home, hospital, or
 2926  specialized health care facility. Such records shall be
 2927  maintained in the residence facility for inspection by the
 2928  agency and shall be forwarded to the resident’s case manager, if
 2929  applicable.
 2930         (4) If possible, each resident shall have been examined by
 2931  a licensed physician, a licensed physician assistant, or a
 2932  licensed nurse practitioner within 60 days before admission to
 2933  the residence facility. The signed and completed medical
 2934  examination report shall be submitted to the owner or
 2935  administrator of the residence facility who shall use the
 2936  information contained therein to assist in the determination of
 2937  the appropriateness of the resident’s admission and continued
 2938  stay in the residence facility. The medical examination report
 2939  shall become a permanent part of the record of the resident at
 2940  the residence facility and shall be made available to the agency
 2941  during inspection or upon request. An assessment that has been
 2942  completed through the Comprehensive Assessment and Review for
 2943  Long-Term Care Services (CARES) Program fulfills the
 2944  requirements for a medical examination under this subsection and
 2945  s. 429.07(3)(b)6.
 2946         (5) Except as provided in s. 429.07, if a medical
 2947  examination has not been completed within 60 days before the
 2948  admission of the resident to the residence facility, a licensed
 2949  physician, licensed physician assistant, or licensed nurse
 2950  practitioner shall examine the resident and complete a medical
 2951  examination form provided by the agency within 30 days following
 2952  the admission to the residence facility to enable the residence
 2953  licensee, facility owner or administrator to determine the
 2954  appropriateness of the admission. The medical examination form
 2955  shall become a permanent part of the record of the resident at
 2956  the residence facility and shall be made available to the agency
 2957  during inspection by the agency or upon request.
 2958         (6) Any resident accepted in a residence facility and
 2959  placed by the department or the Department of Children and
 2960  Family Services shall have been examined by medical personnel
 2961  within 30 days before placement in the residence facility. The
 2962  examination shall include an assessment of the appropriateness
 2963  of placement in a residence facility. The findings of this
 2964  examination shall be recorded on the examination form provided
 2965  by the agency. The completed form shall accompany the resident
 2966  and shall be submitted to the residence facility owner or
 2967  administrator. Additionally, in the case of a mental health
 2968  resident, the Department of Children and Family Services must
 2969  provide documentation that the individual has been assessed by a
 2970  psychiatrist, clinical psychologist, clinical social worker, or
 2971  psychiatric nurse, or an individual who is supervised by one of
 2972  these professionals, and determined to be appropriate to reside
 2973  in an assisted living residence facility. The documentation must
 2974  be in the residence facility within 30 days after the mental
 2975  health resident has been admitted to the residence facility. An
 2976  evaluation completed upon discharge from a state mental hospital
 2977  meets the requirements of this subsection related to
 2978  appropriateness for placement as a mental health resident
 2979  providing it was completed within 90 days prior to admission to
 2980  the residence facility. The applicable department shall provide
 2981  to the residence facility administrator any information about
 2982  the resident that would help the administrator meet his or her
 2983  responsibilities under subsection (1). Further, department
 2984  personnel shall explain to the residence administrator facility
 2985  operator any special needs of the resident and advise the
 2986  administrator operator whom to call should problems arise. The
 2987  applicable department shall advise and assist the residence
 2988  facility administrator where the special needs of residents who
 2989  are recipients of optional state supplementation require such
 2990  assistance.
 2991         (7) The facility must notify a licensed physician when a
 2992  resident exhibits signs of dementia or cognitive impairment or
 2993  has a change of condition in order to rule out the presence of
 2994  an underlying physiological condition that may be contributing
 2995  to such dementia or impairment. The notification must occur
 2996  within 30 days after the acknowledgment of such signs by
 2997  facility staff. If an underlying condition is determined to
 2998  exist, the facility shall arrange, with the appropriate health
 2999  care provider, the necessary care and services to treat the
 3000  condition.
 3001         (7)(8) The Department of Children and Family Services may
 3002  require an examination for supplemental security income and
 3003  optional state supplementation recipients residing in facilities
 3004  at any time and shall provide the examination whenever a
 3005  resident’s condition requires it. Any facility administrator;
 3006  personnel of the agency, the department, or the Department of
 3007  Children and Family Services; or long-term care ombudsman
 3008  council member who believes a resident needs to be evaluated
 3009  shall notify the resident’s case manager, who shall take
 3010  appropriate action. A report of the examination findings shall
 3011  be provided to the resident’s case manager and the facility
 3012  administrator to help the administrator meet his or her
 3013  responsibilities under subsection (1).
 3014         (8)(9) A terminally ill resident who no longer meets the
 3015  criteria for continued residency may remain in the residence
 3016  facility if the arrangement is mutually agreeable to the
 3017  resident and the administrator, facility; additional care is
 3018  rendered through a licensed hospice, and the resident is under
 3019  the care of a physician who agrees that the physical needs of
 3020  the resident are being met.
 3021         (9)(10)Residences Facilities licensed to provide extended
 3022  congregate care services shall promote aging in place by
 3023  determining appropriateness of continued residency based on a
 3024  comprehensive review of the resident’s physical and functional
 3025  status; the ability of the residence facility, family members,
 3026  friends, or any other pertinent individuals or agencies to
 3027  provide the care and services required; and documentation that a
 3028  written service plan consistent with residence facility policy
 3029  has been developed and implemented to ensure that the resident’s
 3030  needs and preferences are addressed.
 3031         (10)(11)A No resident who requires 24-hour nursing
 3032  supervision, except for a resident who is an enrolled hospice
 3033  patient pursuant to part IV of chapter 400, may not shall be
 3034  retained in a licensed residence facility licensed under this
 3035  part.
 3036         Section 34. Section 429.27, Florida Statutes, is amended to
 3037  read:
 3038         429.27 Property and personal affairs of residents.—
 3039         (1)(a) A resident shall be given the option of using his or
 3040  her own belongings, as space permits; choosing his or her
 3041  roommate; and, whenever possible, unless the resident is
 3042  adjudicated incompetent or incapacitated under state law,
 3043  managing his or her own affairs.
 3044         (b) The admission of a resident to a residence facility and
 3045  his or her presence therein shall not give confer on the
 3046  residence facility or its licensee, owner, administrator,
 3047  employees, or representatives any authority to manage, use, or
 3048  dispose of any property of the resident; nor shall such
 3049  admission or presence confer on any of such persons any
 3050  authority or responsibility for the personal affairs of the
 3051  resident, except that which may be necessary for the safe
 3052  management of the residence facility or for the safety of the
 3053  resident.
 3054         (2) The licensee, A facility, or an owner, administrator,
 3055  or employee of an assisted living residence, or representative
 3056  thereof, may not act as the guardian, trustee, or conservator
 3057  for any resident of the residence assisted living facility or
 3058  any of such resident’s property. A licensee, An owner,
 3059  administrator, or staff member, or representative thereof, may
 3060  not act as a competent resident’s payee for social security,
 3061  veteran’s, or railroad benefits without the consent of the
 3062  resident. Any residence facility whose licensee, owner,
 3063  administrator, or staff, or representative thereof, serves as
 3064  representative payee for any resident of the residence facility
 3065  shall file a surety bond with the agency in an amount equal to
 3066  twice the average monthly aggregate income or personal funds due
 3067  to residents, or expendable for their account, which are
 3068  received by a residence facility. Any residence facility whose
 3069  licensee, owner, administrator, or staff, or a representative
 3070  thereof, is granted power of attorney for any resident of the
 3071  residence facility shall file a surety bond with the agency for
 3072  each resident for whom such power of attorney is granted. The
 3073  surety bond shall be in an amount equal to twice the average
 3074  monthly income of the resident, plus the value of any resident’s
 3075  property under the control of the attorney in fact. The bond
 3076  shall be executed by the residence’s licensee, owner,
 3077  administrator, or staff, or a representative thereof, facility
 3078  as principal and a licensed surety company. The bond shall be
 3079  conditioned upon the faithful compliance of the licensee, owner,
 3080  administrator, or staff, or a representative thereof, of the
 3081  residence facility with this section and shall run to the agency
 3082  for the benefit of any resident who suffers a financial loss as
 3083  a result of the misuse or misappropriation by a licensee, owner,
 3084  administrator, or staff, or representative thereof, of the
 3085  residence facility of funds held pursuant to this subsection.
 3086  Any surety company that cancels or does not renew the bond of
 3087  any licensee shall notify the agency in writing not less than 30
 3088  days in advance of such action, giving the reason for the
 3089  cancellation or nonrenewal. Any residence’s licensee, facility
 3090  owner, administrator, or staff, or representative thereof, who
 3091  is granted power of attorney for any resident of the residence
 3092  facility shall, on a monthly basis, be required to provide the
 3093  resident a written statement of any transaction made on behalf
 3094  of the resident pursuant to this subsection, and a copy of such
 3095  statement given to the resident shall be retained in each
 3096  resident’s file and available for agency inspection.
 3097         (3) A residence administrator facility, upon mutual consent
 3098  with the resident, shall provide for the safekeeping in the
 3099  residence facility of personal effects, including funds, not in
 3100  excess of $500 and funds of the resident not in excess of $200
 3101  cash, and shall keep complete and accurate records of all such
 3102  funds and personal effects received. If a resident is absent
 3103  from a residence facility for 24 hours or more, the residence
 3104  facility may provide for the safekeeping of the resident’s
 3105  personal effects, including funds, in excess of $500.
 3106         (4) Any funds or other property belonging to or due to a
 3107  resident, or expendable for his or her account, which is
 3108  received by the administrator a facility shall be trust funds
 3109  which shall be kept separate from the funds and property of the
 3110  residence facility and other residents or shall be specifically
 3111  credited to such resident. Such trust funds shall be used or
 3112  otherwise expended only for the account of the resident. Upon
 3113  written request, at least once every 3 months, unless upon order
 3114  of a court of competent jurisdiction, the administrator facility
 3115  shall furnish the resident and his or her guardian, trustee, or
 3116  conservator, if any, a complete and verified statement of all
 3117  funds and other property to which this subsection applies,
 3118  detailing the amount and items received, together with their
 3119  sources and disposition. In any event, the administrator
 3120  facility shall furnish such statement annually and upon the
 3121  discharge or transfer of a resident. Any governmental agency or
 3122  private charitable agency contributing funds or other property
 3123  to the account of a resident shall also be entitled to receive
 3124  such statement annually and upon the discharge or transfer of
 3125  the resident.
 3126         (5) Any personal funds available to residence facility
 3127  residents may be used by residents as they choose to obtain
 3128  clothing, personal items, leisure activities, and other supplies
 3129  and services for their personal use. An administrator A facility
 3130  may not demand, require, or contract for payment of all or any
 3131  part of the personal funds in satisfaction of the residence
 3132  facility rate for supplies and services beyond that amount
 3133  agreed to in writing and may not levy an additional charge to
 3134  the individual or the account for any supplies or services that
 3135  the facility has agreed by contract to provide as part of the
 3136  standard monthly rate. Any service or supplies provided by the
 3137  residence facility which are charged separately to the
 3138  individual or the account may be provided only with the specific
 3139  written consent of the individual, who shall be furnished in
 3140  advance of the provision of the services or supplies with an
 3141  itemized written statement to be attached to the contract
 3142  setting forth the charges for the services or supplies.
 3143         (6)(a) In addition to any damages or civil penalties to
 3144  which a person is subject, any person who:
 3145         1. Intentionally withholds a resident’s personal funds,
 3146  personal property, or personal needs allowance, or who demands,
 3147  beneficially receives, or contracts for payment of all or any
 3148  part of a resident’s personal property or personal needs
 3149  allowance in satisfaction of the residence facility rate for
 3150  supplies and services; or
 3151         2. Borrows from or pledges any personal funds of a
 3152  resident, other than the amount agreed to by written contract
 3153  under s. 429.24,
 3154  
 3155  commits a misdemeanor of the first degree, punishable as
 3156  provided in s. 775.082 or s. 775.083.
 3157         (b) Any residence, licensee, facility owner, administrator,
 3158  or staff, or representative thereof, who is granted power of
 3159  attorney for any resident of the residence facility and who
 3160  misuses or misappropriates funds obtained through this power
 3161  commits a felony of the third degree, punishable as provided in
 3162  s. 775.082, s. 775.083, or s. 775.084.
 3163         (7) In the event of the death of a resident, a licensee
 3164  shall return all refunds, funds, and property held in trust to
 3165  the resident’s personal representative, if one has been
 3166  appointed at the time the residence facility disburses such
 3167  funds, and, if not, to the resident’s spouse or adult next of
 3168  kin named in a beneficiary designation form provided by the
 3169  licensee facility to the resident. If the resident has no spouse
 3170  or adult next of kin or such person cannot be located, funds due
 3171  the resident shall be placed in an interest-bearing account, and
 3172  all property held in trust by the licensee facility shall be
 3173  safeguarded until such time as the funds and property are
 3174  disbursed pursuant to the Florida Probate Code. Such funds shall
 3175  be kept separate from the funds and property of the residence
 3176  facility and other residents of the residence facility. If the
 3177  funds of the deceased resident are not disbursed pursuant to the
 3178  Florida Probate Code within 2 years after the resident’s death,
 3179  the funds shall be deposited in the Health Care Trust Fund
 3180  administered by the agency.
 3181         (8) The department may by rule clarify terms and specify
 3182  procedures and documentation necessary to administer the
 3183  provisions of this section relating to the proper management of
 3184  residents’ funds and personal property and the execution of
 3185  surety bonds.
 3186         Section 35. Section 429.275, Florida Statutes, is amended
 3187  to read:
 3188         429.275 Business practice; personnel records; liability
 3189  insurance.—The assisted living residence facility shall be
 3190  administered on a sound financial basis that is consistent with
 3191  good business practices.
 3192         (1) The licensee, administrator, or owner of a residence
 3193  facility shall maintain accurate business records that identify,
 3194  summarize, and classify funds received and expenses disbursed
 3195  and shall use written accounting procedures and a recognized
 3196  accounting system.
 3197         (2) The licensee, administrator, or owner of a residence
 3198  facility shall maintain personnel records for each staff member
 3199  which contain, at a minimum, documentation of background
 3200  screening, if applicable, documentation of compliance with all
 3201  training requirements of this part or applicable rule, and a
 3202  copy of all licenses or certification held by each staff who
 3203  performs services for which licensure or certification is
 3204  required under this part or rule.
 3205         (3) The licensee, administrator, or owner of a residence
 3206  facility shall maintain liability insurance coverage that is in
 3207  force at all times.
 3208         (4) The department may by rule clarify terms, establish
 3209  requirements for financial records, accounting procedures,
 3210  personnel procedures, insurance coverage, and reporting
 3211  procedures, and specify documentation as necessary to implement
 3212  the requirements of this section.
 3213         Section 36. Section 429.28, Florida Statutes, is amended to
 3214  read:
 3215         429.28 Resident bill of rights.—
 3216         (1) No resident of a residence facility shall be deprived
 3217  of any civil or legal rights, benefits, or privileges guaranteed
 3218  by law, the Constitution of the State of Florida, or the
 3219  Constitution of the United States as a resident of an assisted
 3220  living residence a facility. Every resident of a residence
 3221  facility shall have the right to:
 3222         (a) Live in a safe and decent living environment, free from
 3223  abuse and neglect.
 3224         (b) Be treated with consideration and respect and with due
 3225  recognition of personal dignity, individuality, and the need for
 3226  privacy.
 3227         (c) Retain and use his or her own clothes and other
 3228  personal property in his or her immediate living quarters, so as
 3229  to maintain individuality and personal dignity, except when the
 3230  residence facility can demonstrate that such would be unsafe,
 3231  impractical, or an infringement upon the rights of other
 3232  residents.
 3233         (d) Unrestricted private communication, including receiving
 3234  and sending unopened correspondence, access to a telephone, and
 3235  visiting with any person of his or her choice, at any time
 3236  between the hours of 9 a.m. and 9 p.m. at a minimum. Upon
 3237  request, the administrator facility shall make provisions to
 3238  extend visiting hours for caregivers and out-of-town guests, and
 3239  in other similar situations.
 3240         (e) Freedom to participate in and benefit from community
 3241  services and activities and to achieve the highest possible
 3242  level of independence, autonomy, and interaction within the
 3243  community.
 3244         (f) Manage his or her financial affairs unless the resident
 3245  or, if applicable, the resident’s representative, designee,
 3246  surrogate, guardian, or attorney in fact authorizes the
 3247  administrator of the residence facility to provide safekeeping
 3248  for funds as provided in s. 429.27.
 3249         (g) Share a room with his or her spouse if both are
 3250  residents of the residence facility.
 3251         (h) Reasonable opportunity for regular exercise several
 3252  times a week and to be outdoors at regular and frequent
 3253  intervals except when prevented by inclement weather.
 3254         (i) Exercise civil and religious liberties, including the
 3255  right to independent personal decisions. No religious beliefs or
 3256  practices, nor any attendance at religious services, shall be
 3257  imposed upon any resident.
 3258         (j) Access to adequate and appropriate health care
 3259  consistent with established and recognized standards within the
 3260  community.
 3261         (k) At least 30 45 days’ notice of relocation or
 3262  termination of residency from the residence facility unless, for
 3263  medical reasons, the resident is certified by a physician to
 3264  require an emergency relocation to a facility providing a more
 3265  skilled level of care or the resident engages in a pattern of
 3266  conduct that is harmful or offensive to other residents. In the
 3267  case of a resident who has been adjudicated mentally
 3268  incapacitated, the guardian shall be given at least 30 45 days’
 3269  notice of a nonemergency relocation or residency termination.
 3270  Reasons for relocation shall be set forth in writing. In order
 3271  for a facility to terminate the residency of an individual
 3272  without notice as provided herein, the facility shall show good
 3273  cause in a court of competent jurisdiction.
 3274         (l) Present grievances and recommend changes in policies,
 3275  procedures, and services to the staff of the residence facility,
 3276  governing officials, or any other person without restraint,
 3277  interference, coercion, discrimination, or reprisal. The
 3278  administrator of each residence Each facility shall establish a
 3279  grievance procedure to facilitate the residents’ exercise of
 3280  this right. This right includes access to ombudsman volunteers
 3281  and advocates and the right to be a member of, to be active in,
 3282  and to associate with advocacy or special interest groups.
 3283         (2) The administrator of a residence facility shall ensure
 3284  that a written notice of the rights, obligations, and
 3285  prohibitions set forth in this part is posted in a prominent
 3286  place in each residence facility and read or explained to
 3287  residents who cannot read. This notice shall include the name,
 3288  address, and telephone numbers of the local ombudsman council
 3289  and central abuse hotline and, when applicable, the Advocacy
 3290  Center for Persons with Disabilities, Inc., and the Florida
 3291  local advocacy council, where complaints may be lodged. The
 3292  administrator facility must ensure a resident’s access to a
 3293  telephone to call the local ombudsman council, central abuse
 3294  hotline, Advocacy Center for Persons with Disabilities, Inc.,
 3295  and the Florida local advocacy council.
 3296         (3)(a) The agency shall conduct a survey to determine
 3297  general compliance with facility standards and compliance with
 3298  residents’ rights as a prerequisite to initial licensure or
 3299  licensure renewal.
 3300         (b) In order to determine whether the facility is
 3301  adequately protecting residents’ rights, the biennial survey
 3302  shall include private informal conversations with a sample of
 3303  residents and consultation with the ombudsman council in the
 3304  planning and service area in which the facility is located to
 3305  discuss residents’ experiences within the facility.
 3306         (c) During any calendar year in which no survey is
 3307  conducted, the agency shall conduct at least one monitoring
 3308  visit of each facility cited in the previous year for a class I
 3309  or class II violation, or more than three uncorrected class III
 3310  violations.
 3311         (d) The agency may conduct periodic followup inspections as
 3312  necessary to monitor the compliance of facilities with a history
 3313  of any class I, class II, or class III violations that threaten
 3314  the health, safety, or security of residents.
 3315         (e) The agency may conduct complaint investigations as
 3316  warranted to investigate any allegations of noncompliance with
 3317  requirements required under this part or rules adopted under
 3318  this part.
 3319         (3)(4) The administrator shall ensure that facility shall
 3320  not hamper or prevent residents are not hampered or prevented
 3321  from exercising their rights as specified in this section.
 3322         (4)(5) No staff member facility or employee of a residence
 3323  facility may serve notice upon a resident to leave the premises
 3324  or take any other retaliatory action against any person who:
 3325         (a) Exercises any right set forth in this section.
 3326         (b) Appears as a witness in any hearing, inside or outside
 3327  the residence facility.
 3328         (c) Files a civil action alleging a violation of the
 3329  provisions of this part or notifies a state attorney or the
 3330  Attorney General of a possible violation of such provisions.
 3331         (5)(6)An administrator shall not terminate Any facility
 3332  which terminates the residency of an individual who participated
 3333  in activities specified in subsection (4)(5) shall show good
 3334  cause in a court of competent jurisdiction.
 3335         (6)(7) Any person who submits or reports a complaint
 3336  concerning a suspected violation of the provisions of this part
 3337  or concerning services and conditions in residences facilities,
 3338  or who testifies in any administrative or judicial proceeding
 3339  arising from such a complaint, shall have immunity from any
 3340  civil or criminal liability therefor, unless such person has
 3341  acted in bad faith or with malicious purpose or the court finds
 3342  that there was a complete absence of a justiciable issue of
 3343  either law or fact raised by the losing party.
 3344         Section 37. Section 429.293, Florida Statutes, is amended
 3345  to read:
 3346         429.293 Presuit notice; investigation; notification of
 3347  violation of residents’ rights or alleged negligence; claims
 3348  evaluation procedure; informal discovery; review; settlement
 3349  offer; mediation.—
 3350         (1) As used in this section, the term:
 3351         (a) “Claim for residents’ rights violation or negligence”
 3352  means a negligence claim alleging injury to or the death of a
 3353  resident arising out of an asserted violation of the rights of a
 3354  resident under s. 429.28 or an asserted deviation from the
 3355  applicable standard of care.
 3356         (b) “Insurer” means any self-insurer authorized under s.
 3357  627.357, liability insurance carrier, joint underwriting
 3358  association, or uninsured prospective defendant.
 3359         (2) Prior to filing a claim for a violation of a resident’s
 3360  rights or a claim for negligence, a claimant alleging injury to
 3361  or the death of a resident shall notify each prospective
 3362  defendant by certified mail, return receipt requested, of an
 3363  asserted violation of a resident’s rights provided in s. 429.28
 3364  or deviation from the standard of care. Such notification shall
 3365  include an identification of the rights the prospective
 3366  defendant has violated and the negligence alleged to have caused
 3367  the incident or incidents and a brief description of the
 3368  injuries sustained by the resident which are reasonably
 3369  identifiable at the time of notice. The notice shall contain a
 3370  certificate of counsel that counsel’s reasonable investigation
 3371  gave rise to a good faith belief that grounds exist for an
 3372  action against each prospective defendant.
 3373         (3)(a) No suit may be filed for a period of 75 days after
 3374  notice is mailed to any prospective defendant. During the 75-day
 3375  period, the prospective defendants or their insurers shall
 3376  conduct an evaluation of the claim to determine the liability of
 3377  each defendant and to evaluate the damages of the claimants.
 3378  Each defendant or insurer of the defendant shall have a
 3379  procedure for the prompt evaluation of claims during the 75-day
 3380  period. The procedure shall include one or more of the
 3381  following:
 3382         1. Internal review by a duly qualified facility risk
 3383  manager or claims adjuster;
 3384         2. Internal review by counsel for each prospective
 3385  defendant;
 3386         3. A quality assurance committee authorized under any
 3387  applicable state or federal statutes or regulations; or
 3388         4. Any other similar procedure that fairly and promptly
 3389  evaluates the claims.
 3390  
 3391  Each defendant or insurer of the defendant shall evaluate the
 3392  claim in good faith.
 3393         (b) At or before the end of the 75 days, the defendant or
 3394  insurer of the defendant shall provide the claimant with a
 3395  written response:
 3396         1. Rejecting the claim; or
 3397         2. Making a settlement offer.
 3398         (c) The response shall be delivered to the claimant if not
 3399  represented by counsel or to the claimant’s attorney, by
 3400  certified mail, return receipt requested. Failure of the
 3401  prospective defendant or insurer of the defendant to reply to
 3402  the notice within 75 days after receipt shall be deemed a
 3403  rejection of the claim for purposes of this section.
 3404         (4) The notification of a violation of a resident’s rights
 3405  or alleged negligence shall be served within the applicable
 3406  statute of limitations period; however, during the 75-day
 3407  period, the statute of limitations is tolled as to all
 3408  prospective defendants. Upon written stipulation by the parties,
 3409  the 75-day period may be extended and the statute of limitations
 3410  is tolled during any such extension. Upon receiving written
 3411  notice by certified mail, return receipt requested, of
 3412  termination of negotiations in an extended period, the claimant
 3413  shall have 30 60 days or the remainder of the period of the
 3414  statute of limitations, whichever is greater, within which to
 3415  file suit.
 3416         (5) No statement, discussion, written document, report, or
 3417  other work product generated by presuit claims evaluation
 3418  procedures under this section is discoverable or admissible in
 3419  any civil action for any purpose by the opposing party. All
 3420  participants, including, but not limited to, physicians,
 3421  investigators, witnesses, and employees or associates of the
 3422  defendant, are immune from civil liability arising from
 3423  participation in the presuit claims evaluation procedure. Any
 3424  licensed physician or registered nurse may be retained by either
 3425  party to provide an opinion regarding the reasonable basis of
 3426  the claim. The presuit opinions of the expert are not
 3427  discoverable or admissible in any civil action for any purpose
 3428  by the opposing party.
 3429         (6) Upon receipt by a prospective defendant of a notice of
 3430  claim, the parties shall make discoverable information available
 3431  without formal discovery as provided in subsection (7).
 3432         (7) Informal discovery may be used by a party to obtain
 3433  unsworn statements and the production of documents or things, as
 3434  follows:
 3435         (a) Unsworn statements.—Any party may require other parties
 3436  to appear for the taking of an unsworn statement. Such
 3437  statements may be used only for the purpose of claims evaluation
 3438  and are not discoverable or admissible in any civil action for
 3439  any purpose by any party. A party seeking to take the unsworn
 3440  statement of any party must give reasonable notice in writing to
 3441  all parties. The notice must state the time and place for taking
 3442  the statement and the name and address of the party to be
 3443  examined. Unless otherwise impractical, the examination of any
 3444  party must be done at the same time by all other parties. Any
 3445  party may be represented by counsel at the taking of an unsworn
 3446  statement. An unsworn statement may be recorded electronically,
 3447  stenographically, or on videotape. The taking of unsworn
 3448  statements is subject to the provisions of the Florida Rules of
 3449  Civil Procedure and may be terminated for abuses.
 3450         (b) Documents or things.—Any party may request discovery of
 3451  relevant documents or things relevant to evaluating the merits
 3452  of the claim. The documents or things must be produced, at the
 3453  expense of the requesting party, within 20 days after the date
 3454  of receipt of the request. A party is required to produce
 3455  relevant and discoverable documents or things within that
 3456  party’s possession or control, if in good faith it can
 3457  reasonably be done within the timeframe of the claims evaluation
 3458  process.
 3459         (8) Each request for and notice concerning informal
 3460  discovery pursuant to this section must be in writing, and a
 3461  copy thereof must be sent to all parties. Such a request or
 3462  notice must bear a certificate of service identifying the name
 3463  and address of the person to whom the request or notice is
 3464  served, the date of the request or notice, and the manner of
 3465  service thereof.
 3466         (9) If a prospective defendant makes a written settlement
 3467  offer, the claimant shall have 15 days from the date of receipt
 3468  to accept the offer. An offer shall be deemed rejected unless
 3469  accepted by delivery of a written notice of acceptance.
 3470         (10) To the extent not inconsistent with this part, the
 3471  provisions of the Florida Mediation Code, Florida Rules of Civil
 3472  Procedure, shall be applicable to such proceedings.
 3473         (11) An arbitration process as provided for in chapter 44
 3474  may be used to resolve a claim filed pursuant to this section.
 3475         (12)(11) Within 30 days after the claimant’s receipt of
 3476  defendant’s response to the claim, the parties or their
 3477  designated representatives shall meet in mediation to discuss
 3478  the issues of liability and damages in accordance with the
 3479  mediation rules of practice and procedures adopted by the
 3480  Supreme Court. Upon written stipulation of the parties, this 30
 3481  day period may be extended and the statute of limitations is
 3482  tolled during the mediation and any such extension. At the
 3483  conclusion of mediation, the claimant shall have 30 60 days or
 3484  the remainder of the period of the statute of limitations,
 3485  whichever is greater, within which to file suit.
 3486         Section 38. Section 429.294, Florida Statutes, is amended
 3487  to read:
 3488         429.294 Availability of residence facility records for
 3489  investigation of resident’s rights violations and defenses;
 3490  penalty.—
 3491         (1) Unless expressly prohibited by a legally competent
 3492  resident, an assisted living residence licensed under this part
 3493  shall furnish to the spouse, guardian, surrogate, proxy, or
 3494  attorney in fact, as provided in chapters 744 and 765, of a
 3495  current resident, within 7 working days after receipt of a
 3496  written request, or of a former resident, within 10 working days
 3497  after receipt of a written request, a copy of that resident’s
 3498  records that are in the possession of the residence. Such
 3499  records shall include medical and psychiatric records and any
 3500  records concerning the care and treatment of the resident
 3501  performed by the residence, except progress notes and
 3502  consultation report sections of a psychiatric nature. Copies of
 3503  such records shall not be considered part of a deceased
 3504  resident’s estate and may be made available before the
 3505  administration of an estate, upon request, to the spouse,
 3506  guardian, surrogate, proxy, or attorney in fact, as provided in
 3507  chapters 744 and 765. A residence may charge a reasonable fee
 3508  for the copying of resident records. Such fee shall not exceed
 3509  $1 per page for the first 25 pages and 25 cents per page for
 3510  each additional page in excess of 25 pages. The residence shall
 3511  further allow any such spouse, guardian, surrogate, proxy, or
 3512  attorney in fact, as provided in chapters 744 and 765, to
 3513  examine the original records in its possession, or microfilms or
 3514  other suitable reproductions of the records, upon such
 3515  reasonable terms as shall be imposed, to help ensure that the
 3516  records are not damaged, destroyed, or altered.
 3517         (2) No person shall be allowed to obtain copies of
 3518  residents’ records pursuant to this section more often than once
 3519  per month, except that physician’s reports in the residents’
 3520  records may be obtained as often as necessary to effectively
 3521  monitor the residents’ condition.
 3522         (3)(1) Failure to provide complete copies of a resident’s
 3523  records, including, but not limited to, all medical records and
 3524  the resident’s chart, within the control or possession of the
 3525  residence facility within 10 days, in accordance with the
 3526  provisions of this section s. 400.145, shall constitute evidence
 3527  of failure of that party to comply with good faith discovery
 3528  requirements and shall waive the good faith certificate and
 3529  presuit notice requirements under this part by the requesting
 3530  party.
 3531         (4)(2) No licensee facility shall be held liable for any
 3532  civil damages as a result of complying with this section.
 3533         Section 39. Section 429.298, Florida Statutes, is amended
 3534  to read:
 3535         429.298 Punitive damages; limitation.—
 3536         (1)(a) Except as provided in paragraphs (b) and (c), An
 3537  award of punitive damages may not exceed the greater of:
 3538         1. Three times the amount of compensatory damages awarded
 3539  to each claimant entitled thereto, consistent with the remaining
 3540  provisions of this section; or
 3541         2. The sum of $250,000 $1 million.
 3542         (b) Where the fact finder determines that the wrongful
 3543  conduct proven under this section was motivated primarily by
 3544  unreasonable financial gain and determines that the unreasonably
 3545  dangerous nature of the conduct, together with the high
 3546  likelihood of injury resulting from the conduct, was actually
 3547  known by the managing agent, director, officer, or other person
 3548  responsible for making policy decisions on behalf of the
 3549  defendant, it may award an amount of punitive damages not to
 3550  exceed the greater of:
 3551         1. Four times the amount of compensatory damages awarded to
 3552  each claimant entitled thereto, consistent with the remaining
 3553  provisions of this section; or
 3554         2. The sum of $4 million.
 3555         (c) Where the fact finder determines that at the time of
 3556  injury the defendant had a specific intent to harm the claimant
 3557  and determines that the defendant’s conduct did in fact harm the
 3558  claimant, there shall be no cap on punitive damages.
 3559         (b)(d) This subsection is not intended to prohibit an
 3560  appropriate court from exercising its jurisdiction under s.
 3561  768.74 in determining the reasonableness of an award of punitive
 3562  damages that is less than three times the amount of compensatory
 3563  damages.
 3564         (e) In any case in which the findings of fact support an
 3565  award of punitive damages pursuant to paragraph (b) or paragraph
 3566  (c), the clerk of the court shall refer the case to the
 3567  appropriate law enforcement agencies, to the state attorney in
 3568  the circuit where the long-term care facility that is the
 3569  subject of the underlying civil cause of action is located, and,
 3570  for multijurisdictional facility owners, to the Office of the
 3571  Statewide Prosecutor; and such agencies, state attorney, or
 3572  Office of the Statewide Prosecutor shall initiate a criminal
 3573  investigation into the conduct giving rise to the award of
 3574  punitive damages. All findings by the trier of fact which
 3575  support an award of punitive damages under this paragraph shall
 3576  be admissible as evidence in any subsequent civil or criminal
 3577  proceeding relating to the acts giving rise to the award of
 3578  punitive damages under this paragraph.
 3579         (2) The claimant’s attorney’s fees, if payable from the
 3580  judgment, are, to the extent that the fees are based on the
 3581  punitive damages, calculated based on the final judgment for
 3582  punitive damages. This subsection does not limit the payment of
 3583  attorney’s fees based upon an award of damages other than
 3584  punitive damages.
 3585         (3) The jury may neither be instructed nor informed as to
 3586  the provisions of this section.
 3587         (4) Notwithstanding any other law to the contrary, the
 3588  amount of punitive damages awarded pursuant to this section
 3589  shall be equally divided between the claimant and the Health
 3590  Care Quality of Long-Term Care Facility Improvement Trust Fund,
 3591  in accordance with the following provisions:
 3592         (a) The clerk of the court shall transmit a copy of the
 3593  jury verdict to the Chief Financial Officer by certified mail.
 3594  In the final judgment, the court shall order the percentages of
 3595  the award, payable as provided herein.
 3596         (b) A settlement agreement entered into between the
 3597  original parties to the action after a verdict has been returned
 3598  must provide a proportionate share payable to the Health Care
 3599  Quality of Long-Term Care Facility Improvement Trust Fund
 3600  specified herein. For purposes of this paragraph, the a
 3601  proportionate share payable to the Health Care Trust Fund must
 3602  be is a 75 percent 50-percent share of that percentage of the
 3603  settlement amount which the punitive damages portion of the
 3604  verdict bore to the total of the compensatory and punitive
 3605  damages in the verdict.
 3606         (c) The Department of Financial Services shall collect or
 3607  cause to be collected all payments due the state under this
 3608  section. Such payments are made to the Chief Financial Officer
 3609  and deposited in the appropriate fund specified in this
 3610  subsection.
 3611         (d) If the full amount of punitive damages awarded cannot
 3612  be collected, the claimant and the other recipient designated
 3613  pursuant to this subsection are each entitled to a proportionate
 3614  share of the punitive damages collected.
 3615         (5) This section is remedial in nature and shall take
 3616  effect upon becoming a law.
 3617         Section 40. Section 429.31, Florida Statutes, is amended to
 3618  read:
 3619         429.31 Closing of residence facility; notice; penalty.—
 3620         (1) In addition to the requirements of part I part II of
 3621  chapter 408, the administrator of the residence facility shall
 3622  inform each resident or the next of kin, legal representative,
 3623  or agency acting on each resident’s behalf, of the fact and the
 3624  proposed time of discontinuance of operation, after following
 3625  the notification requirements provided in s. 429.28(1)(k). In
 3626  the event a resident has no person to represent him or her, the
 3627  administrator of the residence facility shall be responsible for
 3628  referral to an appropriate social service agency for placement.
 3629         (2) Immediately upon the notice by the agency of the
 3630  voluntary or involuntary termination of such operation, the
 3631  agency or its receiver shall monitor the transfer of residents
 3632  to other facilities and ensure that residents’ rights are being
 3633  protected. The agency department, in consultation with the
 3634  Department of Children and Family Services, shall specify
 3635  procedures for ensuring that all residents who receive services
 3636  are appropriately relocated.
 3637         (3) All charges shall be prorated as of the date on which
 3638  the residence facility discontinues operation, and if any
 3639  payments have been made in advance, the payments for services
 3640  not received shall be refunded to the resident or the resident’s
 3641  guardian within 10 working days after of voluntary or
 3642  involuntary closure of the residence facility, whether or not
 3643  such refund is requested by the resident or guardian.
 3644         (4) The agency may levy a fine in an amount no greater than
 3645  $5,000 upon the licensee and each person or business entity that
 3646  owns any interest in a residence facility that terminates
 3647  operation without providing notice to the agency and the
 3648  residents of the residence facility at least 30 days before
 3649  operation ceases. This fine shall not be levied against any
 3650  licensee of a residence facility involuntarily closed at the
 3651  initiation of the agency. The agency shall use the proceeds of
 3652  the fines to operate the residence facility until all residents
 3653  of the residence facility are relocated.
 3654         Section 41. Section 429.34, Florida Statutes, is amended to
 3655  read:
 3656         429.34 Right of entry and inspection.—In addition to the
 3657  requirements of s. 429.0105 s. 408.811, any duly designated
 3658  officer or employee of the department, the Department of
 3659  Children and Family Services, the Medicaid Fraud Control Unit of
 3660  the Office of the Attorney General, or the state or local fire
 3661  marshal, or a member of the state or local long-term care
 3662  ombudsman council shall have the right to enter unannounced upon
 3663  and into the premises of any licensed residence facility
 3664  licensed pursuant to this part in order to determine the state
 3665  of compliance with the provisions of this part, part I part II
 3666  of chapter 408, and applicable rules. Data collected by the
 3667  state or local long-term care ombudsman councils or the state or
 3668  local advocacy councils may be used by the agency in
 3669  investigations involving violations of regulatory standards.
 3670         Section 42. Section 429.35, Florida Statutes, is amended to
 3671  read:
 3672         429.35 Maintenance of records; reports.—
 3673         (1) Every administrator facility shall maintain, as public
 3674  information available for public inspection under such
 3675  conditions as the agency shall prescribe, records containing
 3676  copies of all inspection reports pertaining to the residence
 3677  facility that have been issued by the agency to the residence
 3678  facility. Copies of inspection reports shall be retained in the
 3679  records for 5 years from the date the reports are filed or
 3680  issued.
 3681         (2) Within 60 days after the date of the biennial
 3682  inspection visit required under s. 408.811 or within 30 days
 3683  after the date of any interim visit, the agency shall forward
 3684  the results of the inspection to the local ombudsman council in
 3685  whose planning and service area, as defined in part II of
 3686  chapter 400, the facility is located; to at least one public
 3687  library or, in the absence of a public library, the county seat
 3688  in the county in which the inspected assisted living facility is
 3689  located; and, when appropriate, to the district Adult Services
 3690  and Mental Health Program Offices.
 3691         (2)(3)The administrator of a residence Every facility
 3692  shall post a copy of the last inspection report of the agency
 3693  for that residence facility in a prominent location within the
 3694  residence facility so as to be accessible to all residents and
 3695  to the public. Upon request, the administrator facility shall
 3696  also provide a copy of the report to any resident of the
 3697  residence facility or to an applicant for admission to the
 3698  residence facility.
 3699         Section 43. Section 429.41, Florida Statutes, is amended to
 3700  read:
 3701         429.41 Rules establishing standards.—
 3702         (1) It is the intent of the Legislature that rules
 3703  published and enforced pursuant to this section shall include
 3704  criteria by which a reasonable and consistent quality of
 3705  resident care and quality of life may be ensured and the results
 3706  of such resident care may be demonstrated. Such rules shall also
 3707  ensure a safe and sanitary environment that is residential and
 3708  noninstitutional in design or nature. It is further intended
 3709  that reasonable efforts be made to accommodate the needs and
 3710  preferences of residents to enhance the quality of life in a
 3711  residence facility. The agency, in consultation with the
 3712  department, may adopt rules to administer the requirements of
 3713  part II of chapter 408. In order to provide safe and sanitary
 3714  residences facilities and the highest quality of resident care
 3715  accommodating the needs and preferences of residents, the
 3716  department, in consultation with the agency, the Department of
 3717  Children and Family Services, and the Department of Health,
 3718  shall adopt rules, policies, and procedures to administer this
 3719  section part, which must include reasonable and fair minimum
 3720  standards in relation to:
 3721         (a) The requirements for and maintenance of residences
 3722  facilities, not in conflict with the provisions of chapter 553,
 3723  relating to plumbing, heating, cooling, lighting, ventilation,
 3724  living space, and other housing conditions, which will ensure
 3725  the health, safety, and comfort of residents and protection from
 3726  fire hazard, including adequate provisions for fire alarm and
 3727  other fire protection suitable to the size of the structure.
 3728  Uniform firesafety standards shall be established and enforced
 3729  by the State Fire Marshal in cooperation with the agency, the
 3730  department, and the Department of Health.
 3731         1. Evacuation capability determination.—
 3732         a. The provisions of the National Fire Protection
 3733  Association, NFPA 101A, Chapter 5, 1995 edition, shall be used
 3734  for determining the ability of the residents, with or without
 3735  staff assistance, to relocate from or within a licensed
 3736  residence facility to a point of safety as provided in the fire
 3737  codes adopted herein. An evacuation capability evaluation for
 3738  initial licensure shall be conducted within 6 months after the
 3739  date of licensure. For existing licensed residences facilities
 3740  that are not equipped with an automatic fire sprinkler system,
 3741  the administrator shall evaluate the evacuation capability of
 3742  residents at least annually. The evacuation capability
 3743  evaluation for each residence facility not equipped with an
 3744  automatic fire sprinkler system shall be validated, without
 3745  liability, by the State Fire Marshal, by the local fire marshal,
 3746  or by the local authority having jurisdiction over firesafety,
 3747  before the license renewal date. If the State Fire Marshal,
 3748  local fire marshal, or local authority having jurisdiction over
 3749  firesafety has reason to believe that the evacuation capability
 3750  of a residence facility as reported by the administrator may
 3751  have changed, it may, with assistance from the residence
 3752  facility administrator, reevaluate the evacuation capability
 3753  through timed exiting drills. Translation of timed fire exiting
 3754  drills to evacuation capability may be determined:
 3755         (I) Three minutes or less: prompt.
 3756         (II) More than 3 minutes, but not more than 13 minutes:
 3757  slow.
 3758         (III) More than 13 minutes: impractical.
 3759         b. The Office of the State Fire Marshal shall provide or
 3760  cause the provision of training and education on the proper
 3761  application of Chapter 5, NFPA 101A, 1995 edition, to its
 3762  employees, to staff of the Agency for Health Care Administration
 3763  who are responsible for regulating facilities under this part,
 3764  and to local governmental inspectors. The Office of the State
 3765  Fire Marshal shall provide or cause the provision of this
 3766  training within its existing budget, but may charge a fee for
 3767  this training to offset its costs. The initial training must be
 3768  delivered within 6 months after July 1, 1995, and as needed
 3769  thereafter.
 3770         c. The Office of the State Fire Marshal, in cooperation
 3771  with provider associations, shall provide or cause the provision
 3772  of a training program designed to inform facility operators on
 3773  how to properly review bid documents relating to the
 3774  installation of automatic fire sprinklers. The Office of the
 3775  State Fire Marshal shall provide or cause the provision of this
 3776  training within its existing budget, but may charge a fee for
 3777  this training to offset its costs. The initial training must be
 3778  delivered within 6 months after July 1, 1995, and as needed
 3779  thereafter.
 3780         b.d. The administrator of a licensed residence facility
 3781  shall sign an affidavit verifying the number of residents
 3782  occupying the residence facility at the time of the evacuation
 3783  capability evaluation.
 3784         2. Firesafety requirements.—
 3785         a. Except for the special applications provided herein,
 3786  effective January 1, 1996, the provisions of the National Fire
 3787  Protection Association, Life Safety Code, NFPA 101, 1994
 3788  edition, Chapter 22 for new residences facilities and Chapter 23
 3789  for existing residences facilities shall be the uniform fire
 3790  code applied by the State Fire Marshal for assisted living
 3791  residences facilities, pursuant to s. 633.022.
 3792         b. Any new residence facility, regardless of size, that
 3793  applies for a license on or after January 1, 1996, must be
 3794  equipped with an automatic fire sprinkler system. The exceptions
 3795  as provided in s. 22-2.3.5.1, NFPA 101, 1994 edition, as adopted
 3796  herein, apply to any new residence facility housing eight or
 3797  fewer residents. On July 1, 1995, local governmental entities
 3798  responsible for the issuance of permits for construction shall
 3799  inform, without liability, any facility whose permit for
 3800  construction is obtained prior to January 1, 1996, of this
 3801  automatic fire sprinkler requirement. As used in this part, the
 3802  term “a new residence facility” does not mean an existing
 3803  residence facility that has undergone change of ownership.
 3804         c. Notwithstanding any provision of s. 633.022 or of the
 3805  National Fire Protection Association, NFPA 101A, Chapter 5, 1995
 3806  edition, to the contrary, any existing residence facility
 3807  housing eight or fewer residents is not required to install an
 3808  automatic fire sprinkler system, nor to comply with any other
 3809  requirement in Chapter 23, NFPA 101, 1994 edition, that exceeds
 3810  the firesafety requirements of NFPA 101, 1988 edition, that
 3811  applies to this size residence facility, unless the residence
 3812  facility has been classified as impractical to evacuate. Any
 3813  existing residence facility housing eight or fewer residents
 3814  that is classified as impractical to evacuate must install an
 3815  automatic fire sprinkler system within the timeframes mutually
 3816  agreed to by the local fire marshal and the agency granted in
 3817  this section.
 3818         d. Any existing facility that is required to install an
 3819  automatic fire sprinkler system under this paragraph need not
 3820  meet other firesafety requirements of Chapter 23, NFPA 101, 1994
 3821  edition, which exceed the provisions of NFPA 101, 1988 edition.
 3822  The mandate contained in this paragraph which requires certain
 3823  facilities to install an automatic fire sprinkler system
 3824  supersedes any other requirement.
 3825         d.e. This paragraph does not supersede the exceptions
 3826  granted in NFPA 101, 1988 edition or 1994 edition.
 3827         e.f. This paragraph does not exempt residences facilities
 3828  from other firesafety provisions adopted under s. 633.022 and
 3829  local building code requirements in effect before July 1, 1995.
 3830         g. A local government may charge fees only in an amount not
 3831  to exceed the actual expenses incurred by local government
 3832  relating to the installation and maintenance of an automatic
 3833  fire sprinkler system in an existing and properly licensed
 3834  assisted living facility structure as of January 1, 1996.
 3835         h. If a licensed facility undergoes major reconstruction or
 3836  addition to an existing building on or after January 1, 1996,
 3837  the entire building must be equipped with an automatic fire
 3838  sprinkler system. Major reconstruction of a building means
 3839  repair or restoration that costs in excess of 50 percent of the
 3840  value of the building as reported on the tax rolls, excluding
 3841  land, before reconstruction. Multiple reconstruction projects
 3842  within a 5-year period the total costs of which exceed 50
 3843  percent of the initial value of the building at the time the
 3844  first reconstruction project was permitted are to be considered
 3845  as major reconstruction. Application for a permit for an
 3846  automatic fire sprinkler system is required upon application for
 3847  a permit for a reconstruction project that creates costs that go
 3848  over the 50-percent threshold.
 3849         i. Any facility licensed before January 1, 1996, that is
 3850  required to install an automatic fire sprinkler system shall
 3851  ensure that the installation is completed within the following
 3852  timeframes based upon evacuation capability of the facility as
 3853  determined under subparagraph 1.:
 3854         (I) Impractical evacuation capability, 24 months.
 3855         (II) Slow evacuation capability, 48 months.
 3856         (III) Prompt evacuation capability, 60 months.
 3857  
 3858  The beginning date from which the deadline for the automatic
 3859  fire sprinkler installation requirement must be calculated is
 3860  upon receipt of written notice from the local fire official that
 3861  an automatic fire sprinkler system must be installed. The local
 3862  fire official shall send a copy of the document indicating the
 3863  requirement of a fire sprinkler system to the Agency for Health
 3864  Care Administration.
 3865         j. It is recognized that the installation of an automatic
 3866  fire sprinkler system may create financial hardship for some
 3867  facilities. The appropriate local fire official shall, without
 3868  liability, grant two 1-year extensions to the timeframes for
 3869  installation established herein, if an automatic fire sprinkler
 3870  installation cost estimate and proof of denial from two
 3871  financial institutions for a construction loan to install the
 3872  automatic fire sprinkler system are submitted. However, for any
 3873  facility with a class I or class II, or a history of uncorrected
 3874  class III, firesafety deficiencies, an extension must not be
 3875  granted. The local fire official shall send a copy of the
 3876  document granting the time extension to the Agency for Health
 3877  Care Administration.
 3878         k. A facility owner whose facility is required to be
 3879  equipped with an automatic fire sprinkler system under Chapter
 3880  23, NFPA 101, 1994 edition, as adopted herein, must disclose to
 3881  any potential buyer of the facility that an installation of an
 3882  automatic fire sprinkler requirement exists. The sale of the
 3883  facility does not alter the timeframe for the installation of
 3884  the automatic fire sprinkler system.
 3885         l. Existing facilities required to install an automatic
 3886  fire sprinkler system as a result of construction-type
 3887  restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
 3888  herein, or evacuation capability requirements shall be notified
 3889  by the local fire official in writing of the automatic fire
 3890  sprinkler requirement, as well as the appropriate date for final
 3891  compliance as provided in this subparagraph. The local fire
 3892  official shall send a copy of the document to the Agency for
 3893  Health Care Administration.
 3894         f.m. Except in cases of life-threatening fire hazards, if
 3895  an existing residence facility experiences a change in the
 3896  evacuation capability, or if the local authority having
 3897  jurisdiction identifies a construction-type restriction, such
 3898  that an automatic fire sprinkler system is required, it shall be
 3899  afforded time for installation as provided in this subparagraph.
 3900  
 3901  Residences Facilities that are fully sprinkled and in compliance
 3902  with other firesafety standards are not required to conduct more
 3903  than one of the required fire drills between the hours of 11
 3904  p.m. and 7 a.m., per year. In lieu of the remaining drills,
 3905  staff responsible for residents during such hours may be
 3906  required to participate in a mock drill that includes a review
 3907  of evacuation procedures. Such standards must be included or
 3908  referenced in the rules adopted by the State Fire Marshal.
 3909  Pursuant to s. 633.022(1)(b), the State Fire Marshal is the
 3910  final administrative authority for firesafety standards
 3911  established and enforced pursuant to this section. All licensed
 3912  residences facilities must have an annual fire inspection
 3913  conducted by the local fire marshal or authority having
 3914  jurisdiction.
 3915         3. Resident elopement requirements.—Residences Facilities
 3916  are required to conduct a minimum of two resident elopement
 3917  prevention and response drills per year. All administrators and
 3918  direct care staff must participate in the drills which shall
 3919  include a review of procedures to address resident elopement.
 3920  Residence administrators Facilities must document the
 3921  implementation of the drills and ensure that the drills are
 3922  conducted in a manner consistent with the residence’s facility’s
 3923  resident elopement policies and procedures.
 3924         (b) The preparation and annual update of a comprehensive
 3925  emergency management plan. Such standards must be included in
 3926  the rules adopted by the department after consultation with the
 3927  Department of Community Affairs. At a minimum, the rules must
 3928  provide for plan components that address emergency evacuation
 3929  transportation; adequate sheltering arrangements; postdisaster
 3930  activities, including provision of emergency power, food, and
 3931  water; postdisaster transportation; supplies; staffing;
 3932  emergency equipment; individual identification of residents and
 3933  transfer of records; communication with families; and responses
 3934  to family inquiries. The comprehensive emergency management plan
 3935  is subject to review and approval by the local emergency
 3936  management agency. During its review, the local emergency
 3937  management agency shall ensure that the following agencies, at a
 3938  minimum, are given the opportunity to review the plan: the
 3939  Department of Elderly Affairs, the Department of Health, the
 3940  Agency for Health Care Administration, and the Department of
 3941  Community Affairs. Also, appropriate volunteer organizations
 3942  must be given the opportunity to review the plan. The local
 3943  emergency management agency shall complete its review within 60
 3944  days and either approve the plan or advise the residence
 3945  administrator facility of necessary revisions.
 3946         (c) The number, training, and qualifications of all staff
 3947  responsible personnel having responsibility for the care of
 3948  residents. The rules must require adequate staff to provide for
 3949  the safety of all residents. Residences Facilities licensed for
 3950  17 or more residents are required to maintain an alert staff for
 3951  24 hours per day.
 3952         (d) All sanitary conditions within the residence facility
 3953  and its surroundings which will ensure the health and comfort of
 3954  residents.
 3955         (e) To ensure that inspections are not duplicative, the
 3956  rules must clearly delineate the responsibilities of the agency
 3957  regarding agency’s licensure and survey inspections staff, the
 3958  county health departments regarding food safety and sanitary
 3959  inspections, and the local fire marshal regarding firesafety
 3960  inspections authority having jurisdiction over firesafety and
 3961  ensure that inspections are not duplicative. The agency may
 3962  collect fees for food service inspections conducted by the
 3963  county health departments and transfer such fees to the
 3964  Department of Health.
 3965         (f)(e) License application and license renewal, transfer of
 3966  ownership, proper management of resident funds and personal
 3967  property, surety bonds, resident contracts, refund policies,
 3968  financial ability to operate, and residence facility and staff
 3969  records.
 3970         (g)(f) Inspections, complaint investigations, moratoriums,
 3971  classification of deficiencies, levying and enforcement of
 3972  penalties, and use of income from fees and fines.
 3973         (h)(g) The enforcement of the resident bill of rights
 3974  specified in s. 429.28.
 3975         (i)(h) The care and maintenance of residents, which must
 3976  include, but is not limited to:
 3977         1. The supervision of residents;
 3978         2. The provision of personal services;
 3979         3. The provision of, or arrangement for, social and leisure
 3980  activities;
 3981         4. The arrangement for appointments and transportation to
 3982  appropriate medical, dental, nursing, or mental health services,
 3983  as needed by residents;
 3984         5. The management of medication;
 3985         6. The food service nutritional needs of residents; and
 3986         7. Resident records.; and
 3987         8. Internal risk management and quality assurance.
 3988         (j)(i)Residences Facilities holding an a limited nursing,
 3989  extended congregate care, or limited mental health license.
 3990         (k)(j) The establishment of specific criteria to define
 3991  appropriateness of resident admission and continued residency in
 3992  a resident facility holding a standard, limited nursing,
 3993  extended congregate care, and limited mental health license.
 3994         (l)(k) The use of physical or chemical restraints. The use
 3995  of physical restraints is limited to half-bed rails as
 3996  prescribed and documented by the resident’s physician with the
 3997  consent of the resident or, if applicable, the resident’s
 3998  representative or designee or the resident’s surrogate,
 3999  guardian, or attorney in fact. The use of chemical restraints is
 4000  limited to prescribed dosages of medications authorized by the
 4001  resident’s physician and must be consistent with the resident’s
 4002  diagnosis. Residents who are receiving medications that can
 4003  serve as chemical restraints must be evaluated by their
 4004  physician at least annually to assess:
 4005         1. The continued need for the medication.
 4006         2. The level of the medication in the resident’s blood.
 4007         3. The need for adjustments in the prescription.
 4008         (l) The establishment of specific policies and procedures
 4009  on resident elopement. Facilities shall conduct a minimum of two
 4010  resident elopement drills each year. All administrators and
 4011  direct care staff shall participate in the drills. Facilities
 4012  shall document the drills.
 4013         (2) In adopting any rules pursuant to this part, the
 4014  department, in conjunction with the agency, shall make distinct
 4015  standards for residences facilities based upon residence
 4016  facility size; the types of care provided; the physical and
 4017  mental capabilities and needs of residents; the type, frequency,
 4018  and amount of services and care offered; and the staffing
 4019  characteristics of the residence facility. Rules developed
 4020  pursuant to this section shall not restrict the use of shared
 4021  staffing and shared programming in residences facilities that
 4022  are part of retirement communities that provide multiple levels
 4023  of care and otherwise meet the requirements of law and rule.
 4024  Except for uniform firesafety standards, the department shall
 4025  adopt by rule separate and distinct standards for residences
 4026  facilities with 16 or fewer beds and for residences facilities
 4027  with 17 or more beds. The standards for residences facilities
 4028  with 16 or fewer beds shall be appropriate for a
 4029  noninstitutional residential environment, provided that the
 4030  structure is no more than two stories in height and all persons
 4031  who cannot exit the residence facility unassisted in an
 4032  emergency reside on the first floor. The department, in
 4033  conjunction with the agency, may make other distinctions among
 4034  types of residences facilities as necessary to enforce the
 4035  provisions of this part. Where appropriate, the agency shall
 4036  offer alternate solutions for complying with established
 4037  standards, based on distinctions made by the department and the
 4038  agency relative to the physical characteristics of residences
 4039  facilities and the types of care offered therein.
 4040         (3) The department shall submit a copy of proposed rules to
 4041  the Speaker of the House of Representatives, the President of
 4042  the Senate, and appropriate committees of substance for review
 4043  and comment prior to the promulgation thereof. Rules promulgated
 4044  by the department shall encourage the development of homelike
 4045  facilities which promote the dignity, individuality, personal
 4046  strengths, and decisionmaking ability of residents.
 4047         (3)(4) The agency, in consultation with the department, may
 4048  waive rules promulgated pursuant to this part in order to
 4049  demonstrate and evaluate innovative or cost-effective congregate
 4050  care alternatives which enable individuals to age in place. Such
 4051  waivers may be granted only in instances where there is
 4052  reasonable assurance that the health, safety, or welfare of
 4053  residents will not be endangered. To apply for a waiver, the
 4054  licensee shall submit to the agency a written description of the
 4055  concept to be demonstrated, including goals, objectives, and
 4056  anticipated benefits; the number and types of residents who will
 4057  be affected, if applicable; a brief description of how the
 4058  demonstration will be evaluated; and any other information
 4059  deemed appropriate by the agency. Any residence facility granted
 4060  a waiver shall submit a report of findings to the agency and the
 4061  department within 12 months. At such time, the agency may renew
 4062  or revoke the waiver or pursue any regulatory or statutory
 4063  changes necessary to allow other residences facilities to adopt
 4064  the same practices. The department may by rule clarify terms and
 4065  establish waiver application procedures, criteria for reviewing
 4066  waiver proposals, and procedures for reporting findings, as
 4067  necessary to implement this subsection.
 4068         (4)(5) The agency shall may use an abbreviated biennial
 4069  standard licensure inspection that consists of a review of key
 4070  quality-of-care standards in lieu of a full inspection in a
 4071  residence facility that has a good record of past performance.
 4072  However, a full inspection must be conducted in a residence
 4073  facility that has a history of class I or class II violations,
 4074  uncorrected class III violations, confirmed ombudsman council
 4075  complaints, or confirmed licensure complaints, within the
 4076  previous licensure period immediately preceding the inspection
 4077  or if a potentially serious problem is identified during the
 4078  abbreviated inspection. The agency, in consultation with the
 4079  department, shall develop, maintain, and update the key quality
 4080  of-care standards with input from the State Long-Term Care
 4081  Ombudsman Council and representatives of associations and
 4082  organizations representing assisted living residences provider
 4083  groups for incorporation into its rules.
 4084         Section 44. Section 429.42, Florida Statutes, is amended to
 4085  read:
 4086         429.42 Pharmacy and dietary services.—
 4087         (1) Any assisted living residence for facility in which the
 4088  agency has documented a class I or class II violation deficiency
 4089  or uncorrected class III violations deficiencies regarding
 4090  medicinal drugs or over-the-counter preparations, including
 4091  their storage, use, delivery, or administration, or dietary
 4092  services, or both, during a biennial survey or a monitoring
 4093  visit or an investigation in response to a complaint, shall, in
 4094  addition to or as an alternative to any penalties imposed under
 4095  s. 429.19, be required to employ the consultant services of a
 4096  licensed pharmacist, a licensed registered nurse, or a
 4097  registered or licensed dietitian, as applicable. The consultant
 4098  shall, at a minimum, provide onsite quarterly consultation until
 4099  the inspection team from the agency determines that such
 4100  consultation services are no longer required.
 4101         (2) A corrective action plan for deficiencies related to
 4102  assistance with the self-administration of medication or the
 4103  administration of medication must be developed and implemented
 4104  by the facility within 48 hours after notification of such
 4105  deficiency, or sooner if the deficiency is determined by the
 4106  agency to be life-threatening.
 4107         (3) The agency shall employ at least two pharmacists
 4108  licensed pursuant to chapter 465 among its personnel who
 4109  biennially inspect assisted living facilities licensed under
 4110  this part, to participate in biennial inspections or consult
 4111  with the agency regarding deficiencies relating to medicinal
 4112  drugs or over-the-counter preparations.
 4113         (2)(4) The department may by rule establish procedures and
 4114  specify documentation as necessary to implement this section.
 4115         Section 45. Section 429.44, Florida Statutes, is amended to
 4116  read:
 4117         429.44 Construction and renovation; requirements.—
 4118         (1) The requirements for the construction and renovation of
 4119  a residence facility shall comply with the provisions of chapter
 4120  553 which pertain to building construction standards, including
 4121  plumbing, electrical code, glass, manufactured buildings,
 4122  accessibility for persons with disabilities, and the state
 4123  minimum building code and with the provisions of s. 633.022,
 4124  which pertain to uniform firesafety standards.
 4125         (2) Upon notification by the local authority having
 4126  jurisdiction over life-threatening violations which seriously
 4127  threaten the health, safety, or welfare of a resident of a
 4128  residence facility, the agency shall take action as specified in
 4129  s. 429.14.
 4130         (3) The department may adopt rules to establish procedures
 4131  and specify the documentation necessary to implement this
 4132  section.
 4133         Section 46. Section 429.445, Florida Statutes, is amended
 4134  to read:
 4135         429.445 Compliance with local zoning requirements.—No
 4136  facility licensed under this part may commence any construction
 4137  which will expand the size of the existing structure unless the
 4138  licensee first submits to the agency proof that such
 4139  construction will be in compliance with applicable local zoning
 4140  requirements. Residences Facilities with a licensed capacity of
 4141  less than 15 persons shall comply with the provisions of chapter
 4142  419.
 4143         Section 47. Section 429.47, Florida Statutes, is amended to
 4144  read:
 4145         429.47 Prohibited acts; penalties for violation.—
 4146         (1) While an assisted living residence a facility is under
 4147  construction, the owner may advertise to the public prior to
 4148  obtaining a license. Facilities that are certified under chapter
 4149  651 shall comply with the advertising provisions of s. 651.095
 4150  rather than those provided for in this subsection.
 4151         (2) A freestanding residence facility shall not advertise
 4152  or imply that any part of it is a nursing home. For the purpose
 4153  of this subsection, “freestanding residence facility” means a
 4154  residence facility that is not operated in conjunction with a
 4155  nursing home to which residents of the residence facility are
 4156  given priority when nursing care is required. A person who
 4157  violates this subsection is subject to fine as specified in s.
 4158  429.19.
 4159         (3) Any residence facility which is affiliated with any
 4160  religious organization or which has a name implying religious
 4161  affiliation shall include in its advertising whether or not it
 4162  is affiliated with any religious organization and, if so, which
 4163  organization.
 4164         (4) A licensed residence facility licensed under this part
 4165  which is not part of a facility authorized under chapter 651
 4166  shall include the residence’s facility’s license number as given
 4167  by the agency in all advertising. A company or person owning
 4168  more than one residence facility shall include at least one
 4169  license number per advertisement. All advertising shall include
 4170  the term “assisted living residence” or “ALR facility” before
 4171  the license number.
 4172         Section 48. Section 429.49, Florida Statutes, is amended to
 4173  read:
 4174         429.49 Resident records; penalties for alteration.—
 4175         (1) Any person who fraudulently alters, defaces, or
 4176  falsifies any medical or other resident record of an assisted
 4177  living residence facility, or causes or procures any such
 4178  offense to be committed, commits a misdemeanor of the second
 4179  degree, punishable as provided in s. 775.082 or s. 775.083.
 4180         (2) A conviction under subsection (1) is also grounds for
 4181  restriction, suspension, or termination of license privileges.
 4182         Section 49. Section 429.52, Florida Statutes, is amended to
 4183  read:
 4184         429.52 Staff training and educational programs; core
 4185  educational requirement.—
 4186         (1) Administrators and other assisted living residence
 4187  facility staff must meet minimum training and education
 4188  requirements established by the Department of Elderly Affairs by
 4189  rule. This training and education is intended to assist
 4190  residences facilities to appropriately respond to the needs of
 4191  residents, to maintain resident care and residence facility
 4192  standards, and to meet licensure requirements.
 4193         (2) The department shall establish a competency test and a
 4194  minimum required score to indicate successful completion of the
 4195  training and educational requirements. The competency test must
 4196  be developed by the department in conjunction with the agency
 4197  and providers. The required training and education must cover at
 4198  least the following topics:
 4199         (a) State law and rules relating to assisted living
 4200  residences facilities.
 4201         (b) Resident rights and identifying and reporting abuse,
 4202  neglect, and exploitation.
 4203         (c) Special needs of elderly persons, persons with mental
 4204  illness, and persons with developmental disabilities and how to
 4205  meet those needs.
 4206         (d) Nutrition and food service, including acceptable
 4207  sanitation practices for preparing, storing, and serving food.
 4208         (e) Medication management, recordkeeping, and proper
 4209  techniques for assisting residents with self-administered
 4210  medication.
 4211         (f) Firesafety requirements, including fire evacuation
 4212  drill procedures and other emergency procedures.
 4213         (g) Care of persons with Alzheimer’s disease and related
 4214  disorders.
 4215         (3) Effective January 1, 2004, a new residence facility
 4216  administrator must complete the required training and education,
 4217  including the competency test, within a reasonable time after
 4218  being employed as an administrator, as determined by the
 4219  department. Failure to do so is a violation of this part and
 4220  subjects the violator to an administrative fine as prescribed in
 4221  s. 429.19. Administrators licensed in accordance with part II of
 4222  chapter 468 are exempt from this requirement. Other licensed
 4223  professionals may be exempted, as determined by the department
 4224  by rule.
 4225         (4) Administrators are required to participate in
 4226  continuing education for a minimum of 12 contact hours every 2
 4227  years.
 4228         (5) Staff involved with the management of medications and
 4229  assisting with the self-administration of medications under s.
 4230  429.256 must complete a minimum of 4 additional hours of
 4231  training provided by a registered nurse, licensed pharmacist, or
 4232  department staff, and must complete 2 hours of continuing
 4233  education training annually. The department shall establish by
 4234  rule the minimum requirements of this additional training.
 4235         (6) Other residence facility staff shall participate in
 4236  training relevant to their job duties as specified by rule of
 4237  the department.
 4238         (7) If the department or the agency determines that there
 4239  are problems in a residence facility that could be reduced
 4240  through specific staff training or education beyond that already
 4241  required under this section, the department or the agency may
 4242  require, and provide, or cause to be provided, the training or
 4243  education of any direct personal care staff in the residence
 4244  facility.
 4245         (8) The department shall adopt rules related to these
 4246  training requirements, the competency test, necessary
 4247  procedures, and competency test fees and shall adopt or contract
 4248  with another entity to develop a curriculum, which shall be used
 4249  as the minimum core training requirements. The department shall
 4250  consult with representatives of stakeholder associations and
 4251  organizations representing assisted living residences and
 4252  agencies in the development of the curriculum.
 4253         (9) The training required by this section shall be
 4254  conducted by persons registered with the department as having
 4255  the requisite experience and credentials to conduct the
 4256  training. A person seeking to register as a trainer must provide
 4257  the department with proof of completion of the minimum core
 4258  training education requirements, successful passage of the
 4259  competency test established under this section, and proof of
 4260  compliance with the continuing education requirement in
 4261  subsection (4).
 4262         (10) A person seeking to register as a trainer must also:
 4263         (a) Provide proof of completion of a 4-year degree from an
 4264  accredited college or university and must have worked in a
 4265  management position in an assisted living residence facility for
 4266  3 years after being core certified;
 4267         (b) Have worked in a management position in an assisted
 4268  living residence facility for 5 years after being core certified
 4269  and have 1 year of teaching experience as an educator or staff
 4270  trainer for persons who work in assisted living residences
 4271  facilities or other long-term care settings;
 4272         (c) Have been previously employed as a core trainer for the
 4273  department; or
 4274         (d) Meet other qualification criteria as defined in rule,
 4275  which the department is authorized to adopt.
 4276         (11) A trainer certified by the department must continue to
 4277  meet continuing education requirements and other standards as
 4278  set forth in rules adopted by the department. Noncompliance with
 4279  the standards set forth in the rules may result in suspension or
 4280  revocation of a trainer’s certificate.
 4281         (12)(11) The department shall adopt rules to establish
 4282  trainer registration requirements.
 4283         Section 50. Section 429.53, Florida Statutes, is amended to
 4284  read:
 4285         429.53 Consultation by the agency.—
 4286         (1) The area offices of licensure and certification of the
 4287  agency shall provide consultation to the following upon request:
 4288         (a) A licensee of a residence facility.
 4289         (b) A person interested in obtaining a license to operate a
 4290  residence facility under this part.
 4291         (2) As used in this section, “consultation” includes:
 4292         (a) An explanation of the requirements of this part and
 4293  rules adopted pursuant thereto;
 4294         (b) An explanation of the license application and renewal
 4295  procedures;
 4296         (c) The provision of a checklist of general local and state
 4297  approvals required prior to constructing or developing a
 4298  facility and a listing of the types of agencies responsible for
 4299  such approvals;
 4300         (d) An explanation of benefits and financial assistance
 4301  available to a recipient of supplemental security income
 4302  residing in a facility;
 4303         (c)(e) Any other information which the agency deems
 4304  necessary to promote compliance with the requirements of this
 4305  part.; and
 4306         (f) A preconstruction review of a facility to ensure
 4307  compliance with agency rules and this part.
 4308         (3) The agency may charge a fee commensurate with the cost
 4309  of providing consultation under this section.
 4310         Section 51. Section 429.54, Florida Statutes, is repealed.
 4311         Section 52. Section 429.65, Florida Statutes, is amended to
 4312  read:
 4313         429.65 Definitions.—As used in this part, the term:
 4314         (1) “Activities of daily living” means functions and tasks
 4315  for self-care, including eating, bathing, grooming, dressing,
 4316  ambulating, and other similar tasks.
 4317         (2) “Adult family-care home” means a full-time, family-type
 4318  living arrangement, in a private home, under which a person who
 4319  owns or rents the home provides room, board, and personal care,
 4320  on a 24-hour basis, for no more than five disabled adults or
 4321  frail elders who are not relatives. The following family-type
 4322  living arrangements are not required to be licensed as an adult
 4323  family-care home:
 4324         (a) An arrangement whereby the person who owns or rents the
 4325  home provides room, board, and personal services for not more
 4326  than two adults who do not receive optional state
 4327  supplementation under s. 409.212. The person who provides the
 4328  housing, meals, and personal care must own or rent the home and
 4329  reside therein.
 4330         (b) An arrangement whereby the person who owns or rents the
 4331  home provides room, board, and personal services only to his or
 4332  her relatives.
 4333         (c) An establishment that is licensed as an assisted living
 4334  residence facility under this chapter.
 4335         (3) “Agency” means the Agency for Health Care
 4336  Administration.
 4337         (3)(4) “Aging in place” means remaining in a
 4338  noninstitutional living environment despite the physical or
 4339  mental changes that may occur in a person who is aging. For
 4340  aging in place to occur, needed services are added, increased,
 4341  or adjusted to compensate for a person’s physical or mental
 4342  changes.
 4343         (4)(5) “Appropriate placement” means that the resident’s
 4344  needs can be met by the adult family-care home or can be met by
 4345  services arranged by the adult family-care home or the resident.
 4346         (5)(6) “Chemical restraint” means a pharmacologic drug that
 4347  physically limits, restricts, or deprives an individual of
 4348  movement or mobility, and is used for discipline or convenience
 4349  and not required for the treatment of medical symptoms.
 4350         (6)(7) “Department” means the Department of Elderly
 4351  Affairs.
 4352         (7)(8) “Disabled adult” means any person between 18 and 59
 4353  years of age, inclusive, who is a resident of the state and who
 4354  has one or more permanent physical or mental limitations that
 4355  restrict the person’s ability to perform the normal activities
 4356  of daily living.
 4357         (8)(9) “Frail elder” means a functionally impaired elderly
 4358  person who is 60 years of age or older and who has physical or
 4359  mental limitations that restrict the person’s ability to perform
 4360  the normal activities of daily living and that impede the
 4361  person’s capacity to live independently.
 4362         (9)(10) “Personal services” or “personal care” includes
 4363  individual assistance with or supervision of the activities of
 4364  daily living and the self-administration of medication, and
 4365  other similar services.
 4366         (11) “Provider” means a person who is licensed to operate
 4367  an adult family-care home.
 4368         (10)(12) “Relative” means an individual who is the father,
 4369  mother, son, daughter, brother, sister, grandfather,
 4370  grandmother, great-grandfather, great-grandmother, uncle, aunt,
 4371  first cousin, nephew, niece, husband, wife, father-in-law,
 4372  mother-in-law, son-in-law, daughter-in-law, brother-in-law,
 4373  sister-in-law, stepfather, stepmother, stepson, stepdaughter,
 4374  stepbrother, stepsister, half brother, or half sister of a
 4375  licensee provider.
 4376         (11)(13) “Relief person” means an adult designated by the
 4377  licensee provider to supervise the residents during the
 4378  licensee’s provider’s absence.
 4379         (12)(14) “Resident” means a person receiving room, board,
 4380  and personal care in an adult family-care home.
 4381         Section 53. Section 429.67, Florida Statutes, is amended to
 4382  read:
 4383         429.67 Licensure.—
 4384         (1) The requirements of part I part II of chapter 408 apply
 4385  to the provision of services that require licensure pursuant to
 4386  this chapter part and part II of chapter 408 and to entities
 4387  licensed by or applying for such licensure from the agency for
 4388  Health Care Administration pursuant to this part. A license
 4389  issued by the agency is required in order to operate an adult
 4390  family-care home in this state.
 4391         (2) A person who applies for licensure as intends to be an
 4392  adult family-care home provider must own or rent the adult
 4393  family-care home that is to be licensed and reside therein.
 4394         (3) In accordance with s. 429.004 s. 408.805, an applicant
 4395  or licensee shall pay a fee for each license application
 4396  submitted under this chapter part, part II of chapter 408, and
 4397  applicable rules. The amount of the fee shall be $200 per
 4398  biennium.
 4399         (4)  The agency shall require level 2 background screening
 4400  for personnel as required in s. 429.008(1)(e) s. 408.809(1)(e),
 4401  including the adult family-care home licensee provider, the
 4402  designated relief person, and all adult household members,
 4403  pursuant to chapter 435 and s. 429.008 s. 408.809.
 4404         (5) Unless the adult family-care home is a community
 4405  residential home subject to chapter 419, the applicant must
 4406  provide documentation, signed by the appropriate governmental
 4407  official, that the home has met local zoning requirements for
 4408  the location for which the license is sought.
 4409         (6) In addition to the requirements of s. 429.020 s.
 4410  408.811, access to a licensed adult family-care home must be
 4411  provided at reasonable times for the appropriate officials of
 4412  the department, the Department of Health, the Department of
 4413  Children and Family Services, the agency, and the State Fire
 4414  Marshal, who are responsible for the development and maintenance
 4415  of fire, health, sanitary, and safety standards, to inspect the
 4416  adult family-care home facility to assure compliance with these
 4417  standards. In addition, access to a licensed adult family-care
 4418  home must be provided at reasonable times for the local long
 4419  term care ombudsman council.
 4420         (7) The licensed maximum capacity of each adult family-care
 4421  home is based on the service needs of the residents and the
 4422  capability of the licensee provider to meet the needs of the
 4423  residents. Any relative who lives in the adult family-care home
 4424  and who is a disabled adult or frail elder must be included in
 4425  that limitation.
 4426         (8) Each adult family-care home must designate at least one
 4427  licensed space for a resident receiving optional state
 4428  supplementation. The Department of Children and Family Services
 4429  shall specify by rule the procedures to be followed for
 4430  referring residents who receive optional state supplementation
 4431  to adult family-care homes. Those homes licensed as adult foster
 4432  homes or assisted living residences facilities prior to January
 4433  1, 1994, that convert to adult family-care homes, are exempt
 4434  from this requirement.
 4435         (9) In addition to the license categories available in s.
 4436  429.007 s. 408.808, the agency may issue a conditional license
 4437  to a licensee provider for the purpose of bringing the adult
 4438  family-care home into compliance with licensure requirements. A
 4439  conditional license must be limited to a specific period, not
 4440  exceeding 6 months. The department shall, by rule, establish
 4441  criteria for issuing conditional licenses.
 4442         (10) The department may adopt rules to establish
 4443  procedures, identify forms, specify documentation, and clarify
 4444  terms, as necessary, to administer this section.
 4445         (11) The agency may adopt rules to administer the
 4446  requirements of part II of chapter 408.
 4447         Section 54. Section 429.69, Florida Statutes, is amended to
 4448  read:
 4449         429.69 Denial, revocation, and suspension of a license.—In
 4450  addition to the requirements of part I part II of chapter 408,
 4451  the agency may deny, suspend, and revoke a license for any of
 4452  the following reasons:
 4453         (1) Failure to comply with the background screening
 4454  standards of this part, s. 429.008 s. 408.809(1), or chapter
 4455  435.
 4456         (2) Failure to correct cited fire code violations that
 4457  threaten the health, safety, or welfare of residents.
 4458         Section 55. Section 429.71, Florida Statutes, is amended to
 4459  read:
 4460         429.71 Classification of deficiencies; administrative
 4461  fines.—
 4462         (1) In addition to the requirements of part I part II of
 4463  chapter 408 and in addition to any other liability or penalty
 4464  provided by law, the agency may impose an administrative fine on
 4465  a licensee provider according to the following classification:
 4466         (a) Class I violations are those conditions or practices
 4467  related to the operation and maintenance of an adult family-care
 4468  home or to the care of residents which the agency determines
 4469  present an imminent danger to the residents or guests of the
 4470  adult family-care home facility or a substantial probability
 4471  that death or serious physical or emotional harm would result
 4472  therefrom. The condition or practice that constitutes a class I
 4473  violation must be abated or eliminated within 24 hours, unless a
 4474  fixed period, as determined by the agency, is required for
 4475  correction. A class I violation deficiency is subject to an
 4476  administrative fine in an amount not less than $500 and not
 4477  exceeding $1,000 for each violation. A fine may be levied
 4478  notwithstanding the correction of the violation deficiency.
 4479         (b) Class II violations are those conditions or practices
 4480  related to the operation and maintenance of an adult family-care
 4481  home or to the care of residents which the agency determines
 4482  directly threaten the physical or emotional health, safety, or
 4483  security of the residents, other than class I violations. A
 4484  class II violation is subject to an administrative fine in an
 4485  amount not less than $250 and not exceeding $500 for each
 4486  violation. A citation for a class II violation must specify the
 4487  time within which the violation is required to be corrected. If
 4488  a class II violation is corrected within the time specified, no
 4489  civil penalty shall be imposed, unless it is a repeated offense.
 4490         (c) Class III violations are those conditions or practices
 4491  related to the operation and maintenance of an adult family-care
 4492  home or to the care of residents which the agency determines
 4493  indirectly or potentially threaten the physical or emotional
 4494  health, safety, or security of residents, other than class I or
 4495  class II violations. A class III violation is subject to an
 4496  administrative fine in an amount not less than $100 and not
 4497  exceeding $250 for each violation. A citation for a class III
 4498  violation shall specify the time within which the violation is
 4499  required to be corrected. If a class III violation is corrected
 4500  within the time specified, no civil penalty shall be imposed,
 4501  unless it is a repeated offense.
 4502         (d) Class IV violations are those conditions or occurrences
 4503  related to the operation and maintenance of an adult family-care
 4504  home, or related to the required reports, forms, or documents,
 4505  which do not have the potential of negatively affecting the
 4506  residents. A licensee provider that does not correct a class IV
 4507  violation within the time limit specified by the agency is
 4508  subject to an administrative fine in an amount not less than $50
 4509  and not exceeding $100 for each violation. Any class IV
 4510  violation that is corrected during the time the agency survey is
 4511  conducted will be identified as an agency finding and not as a
 4512  violation.
 4513         (2) The agency may impose an administrative fine for
 4514  violations which do not qualify as class I, class II, class III,
 4515  or class IV violations. The amount of the fine shall not exceed
 4516  $250 for each violation or $2,000 in the aggregate. Unclassified
 4517  violations may include:
 4518         (a) Violating any term or condition of a license.
 4519         (b) Violating any provision of this chapter part, part II
 4520  of chapter 408, or applicable rules.
 4521         (c) Failure to follow the criteria and procedures provided
 4522  under part I of chapter 394 relating to the transportation,
 4523  voluntary admission, and involuntary examination of adult
 4524  family-care home residents.
 4525         (d) Exceeding licensed capacity.
 4526         (e) Providing services beyond the scope of the license.
 4527         (f) Violating a moratorium.
 4528         (3) Each day during which a violation occurs constitutes a
 4529  separate offense.
 4530         (4) In determining whether a penalty is to be imposed, and
 4531  in fixing the amount of any penalty to be imposed, the agency
 4532  must consider:
 4533         (a) The gravity of the violation.
 4534         (b) Actions taken by the licensee provider to correct a
 4535  violation.
 4536         (c) Any previous violation by the licensee provider.
 4537         (d) The financial benefit to the licensee provider of
 4538  committing or continuing the violation.
 4539         (5) As an alternative to or in conjunction with an
 4540  administrative action against a provider, the agency may request
 4541  a plan of corrective action that demonstrates a good faith
 4542  effort to remedy each violation by a specific date, subject to
 4543  the approval of the agency.
 4544         (5)(6) The department shall set forth, by rule, notice
 4545  requirements and procedures for correction of violations
 4546  deficiencies.
 4547         Section 56. Section 429.73, Florida Statutes, is amended to
 4548  read:
 4549         429.73 Rules and standards relating to adult family-care
 4550  homes.—
 4551         (1) The agency, in consultation with the department, may
 4552  adopt rules to administer the requirements of part II of chapter
 4553  408. The department, in consultation with the Department of
 4554  Health, the Department of Children and Family Services, and the
 4555  agency shall, by rule, establish minimum standards to ensure the
 4556  health, safety, and well-being of each resident in the adult
 4557  family-care home pursuant to this part. The rules must address:
 4558         (a) Requirements for the physical site and maintenance of
 4559  the adult family-care home facility and facility maintenance.
 4560         (b) Services that must be provided to all residents of an
 4561  adult family-care home and standards for such services, which
 4562  must include, but need not be limited to:
 4563         1. Room and board.
 4564         2. Assistance necessary to perform the activities of daily
 4565  living.
 4566         3. Assistance necessary to administer medication.
 4567         4. Supervision of residents.
 4568         5. Health monitoring.
 4569         6. Social and leisure activities.
 4570         (c) Standards and procedures for license application and
 4571  annual license renewal, advertising, proper management of each
 4572  resident’s funds and personal property and personal affairs,
 4573  financial ability to operate, medication management,
 4574  inspections, complaint investigations, and adult family-care
 4575  home facility, staff, and resident records.
 4576         (d) Qualifications, training, standards, and
 4577  responsibilities for licensees providers and staff.
 4578         (e) Compliance with chapter 419, relating to community
 4579  residential homes.
 4580         (f) Criteria and procedures for determining the
 4581  appropriateness of a resident’s placement and continued
 4582  residency in an adult family-care home. A resident who requires
 4583  24-hour nursing supervision may not be retained in an adult
 4584  family-care home unless such resident is an enrolled hospice
 4585  patient and the resident’s continued residency is mutually
 4586  agreeable to the resident and the licensee provider.
 4587         (g) Procedures for providing notice and assuring the least
 4588  possible disruption of residents’ lives when residents are
 4589  relocated, an adult family-care home is closed, or the ownership
 4590  of an adult family-care home is transferred.
 4591         (h) Procedures to protect the residents’ rights as provided
 4592  in s. 429.85.
 4593         (i) Procedures to promote the growth of adult family-care
 4594  homes as a component of a long-term care system.
 4595         (j) Procedures to promote the goal of aging in place for
 4596  residents of adult family-care homes.
 4597         (2) The department shall by rule provide minimum standards
 4598  and procedures for emergencies. Pursuant to s. 633.022, the
 4599  State Fire Marshal, in consultation with the department and the
 4600  agency, shall adopt uniform firesafety standards for adult
 4601  family-care homes.
 4602         (3) The department shall adopt rules providing for the
 4603  implementation of orders not to resuscitate. The licensee
 4604  provider may withhold or withdraw cardiopulmonary resuscitation
 4605  if presented with an order not to resuscitate executed pursuant
 4606  to s. 401.45. The licensee provider shall not be subject to
 4607  criminal prosecution or civil liability, nor be considered to
 4608  have engaged in negligent or unprofessional conduct, for
 4609  withholding or withdrawing cardiopulmonary resuscitation
 4610  pursuant to such an order and applicable rules.
 4611         Section 57. Section 429.75, Florida Statutes, is amended to
 4612  read:
 4613         429.75 Training and education programs.—
 4614         (1) Each adult family-care home licensee provider shall
 4615  complete training and education programs.
 4616         (2) Training and education programs must include
 4617  information relating to:
 4618         (a) State law and rules governing adult family-care homes,
 4619  with emphasis on appropriateness of placement of residents in an
 4620  adult family-care home.
 4621         (b) Identifying and reporting abuse, neglect, and
 4622  exploitation.
 4623         (c) Identifying and meeting the special needs of disabled
 4624  adults and frail elders.
 4625         (d) Monitoring the health of residents, including
 4626  guidelines for prevention and care of pressure ulcers.
 4627         (3) Licensees Effective January 1, 2004, providers must
 4628  complete the training and education program within a reasonable
 4629  time determined by the department. Failure to complete the
 4630  training and education program within the time set by the
 4631  department is a violation of this part and subjects the licensee
 4632  provider to revocation of the license.
 4633         (4) If the Department of Children and Family Services, the
 4634  agency, or the department determines that there are problems in
 4635  an adult family-care home which could be reduced through
 4636  specific training or education beyond that required under this
 4637  section, the agency may require the licensee provider or staff
 4638  to complete such training or education.
 4639         (5) The department may adopt rules as necessary to
 4640  administer this section.
 4641         Section 58. Section 429.81, Florida Statutes, is amended to
 4642  read:
 4643         429.81 Residency agreements.—
 4644         (1) Each resident must be covered by a residency agreement,
 4645  executed before or at the time of admission, between the
 4646  licensee provider and the resident or the resident’s designee or
 4647  legal representative. Each party to the contract must be
 4648  provided a duplicate copy or the original agreement, and the
 4649  licensee provider must keep the residency agreement on file for
 4650  5 years after expiration of the agreement.
 4651         (2) Each residency agreement must specify the personal care
 4652  and accommodations to be provided by the adult family-care home,
 4653  the rates or charges, a requirement of at least 30 days’ notice
 4654  before a rate increase, and any other provisions required by
 4655  rule of the department.
 4656         (3) Each residency agreement must specify that the resident
 4657  must give the provider a 30 days’ written notice of intent to
 4658  terminate his or her residency from the adult family-care home.
 4659         Section 59. Section 429.83, Florida Statutes, is amended to
 4660  read:
 4661         429.83 Residents with Alzheimer’s disease or other related
 4662  disorders; certain disclosures.—An adult family-care home
 4663  licensed under this part which claims that it provides special
 4664  care for persons who have Alzheimer’s disease or other related
 4665  disorders must disclose in its advertisements or in a separate
 4666  document those services that distinguish the care as being
 4667  especially applicable to, or suitable for, such persons. The
 4668  adult family-care home must give a copy of all such
 4669  advertisements or a copy of the document to each person who
 4670  requests information about programs and services for persons
 4671  with Alzheimer’s disease or other related disorders offered by
 4672  the adult family-care home and must maintain a copy of all such
 4673  advertisements and documents in its records. The agency shall
 4674  examine all such advertisements and documents in the adult
 4675  family-care home’s records as part of the license renewal
 4676  procedure.
 4677         Section 60. Section 429.85, Florida Statutes, is amended to
 4678  read:
 4679         429.85 Residents’ bill of rights.—
 4680         (1) A resident of an adult family-care home may not be
 4681  deprived of any civil or legal rights, benefits, or privileges
 4682  guaranteed by law, the State Constitution, or the Constitution
 4683  of the United States solely by reason of status as a resident of
 4684  the adult family-care home. Each resident has the right to:
 4685         (a) Live in a safe and decent living environment, free from
 4686  abuse and neglect.
 4687         (b) Be treated with consideration and respect and with due
 4688  recognition of personal dignity, individuality, and privacy.
 4689         (c) Keep and use the resident’s own clothes and other
 4690  personal property in the resident’s immediate living quarters,
 4691  so as to maintain individuality and personal dignity, except
 4692  when the licensee provider can demonstrate that to do so would
 4693  be unsafe or an infringement upon the rights of other residents.
 4694         (d) Have unrestricted private communication, including
 4695  receiving and sending unopened correspondence, having access to
 4696  a telephone, and visiting with any person of his or her choice,
 4697  at any time between the hours of 9 a.m. and 9 p.m. at a minimum.
 4698         (e) Be free to participate in and benefit from community
 4699  services and activities and to achieve the highest possible
 4700  level of independence, autonomy, and interaction within the
 4701  community.
 4702         (f) Manage the resident’s own financial affairs unless the
 4703  resident or the resident’s guardian authorizes the licensee
 4704  provider to provide safekeeping for funds in accordance with
 4705  procedures equivalent to those provided in s. 429.27.
 4706         (g) Share a room with the resident’s spouse if both are
 4707  residents of the adult family-care home.
 4708         (h) Have reasonable opportunity for regular exercise
 4709  several times a week and to be outdoors at regular and frequent
 4710  intervals.
 4711         (i) Exercise civil and religious liberties, including the
 4712  right to independent personal decisions. Religious beliefs or
 4713  practices and attendance at religious services may not be
 4714  imposed upon a resident.
 4715         (j) Have access to adequate and appropriate health care.
 4716         (k) Be free from chemical and physical restraints.
 4717         (l) Have at least 30 days’ notice of relocation or
 4718  termination of residency from the adult family-care home unless,
 4719  for medical reasons, the resident is certified by a physician to
 4720  require an emergency relocation to a facility providing a more
 4721  skilled level of care or the resident engages in a pattern of
 4722  conduct that is harmful or offensive to other residents. If a
 4723  resident has been adjudicated mentally incompetent, the
 4724  resident’s guardian must be given at least 30 days’ notice,
 4725  except in an emergency, of the relocation of a resident or of
 4726  the termination of a residency. The reasons for relocating a
 4727  resident must be set forth in writing.
 4728         (m) Present grievances and recommend changes to the
 4729  licensee provider, to staff, or to any other person without
 4730  restraint, interference, coercion, discrimination, or reprisal.
 4731  This right includes the right to have access to ombudsman
 4732  volunteers and advocates and the right to be a member of, to be
 4733  active in, and to associate with advocacy or special interest
 4734  groups.
 4735         (2) The licensee provider shall ensure that residents and
 4736  their legal representatives are made aware of the rights,
 4737  obligations, and prohibitions set forth in this part. Residents
 4738  must also be given the names, addresses, and telephone numbers
 4739  of the local ombudsman council and the central abuse hotline
 4740  where they may lodge complaints.
 4741         (3) The adult family-care home may not hamper or prevent
 4742  residents from exercising the rights specified in this section.
 4743         (4) A licensee provider or staff of an adult family-care
 4744  home may not serve notice upon a resident to leave the premises
 4745  or take any other retaliatory action against any person who:
 4746         (a) Exercises any right set forth in this section.
 4747         (b) Appears as a witness in any hearing, in or out of the
 4748  adult family-care home.
 4749         (c) Files a civil action alleging a violation of this part
 4750  or notifies a state attorney or the Attorney General of a
 4751  possible violation of this part.
 4752         (5) Any adult family-care home that terminates the
 4753  residency of an individual who has participated in activities
 4754  specified in subsection (4) must show good cause for the
 4755  termination in a court of competent jurisdiction.
 4756         (6) Any person who reports a complaint concerning a
 4757  suspected violation of this part or the services and conditions
 4758  in an adult family-care home, or who testifies in any
 4759  administrative or judicial proceeding arising from such a
 4760  complaint, is immune from any civil or criminal liability
 4761  therefor, unless the person acted in bad faith or with malicious
 4762  purpose or the court finds that there was a complete absence of
 4763  a justiciable issue of either law or fact raised by the losing
 4764  party.
 4765         Section 61. Section 429.87, Florida Statutes, is amended to
 4766  read:
 4767         429.87 Civil actions to enforce rights.—
 4768         (1) Any person or resident whose rights as specified in
 4769  this part are violated has a cause of action against any adult
 4770  family-care home, licensee provider, or staff responsible for
 4771  the violation. The action may be brought by the resident or the
 4772  resident’s guardian, or by a person or organization acting on
 4773  behalf of a resident with the consent of the resident or the
 4774  resident’s guardian, to enforce the right. The action may be
 4775  brought in any court of competent jurisdiction to enforce such
 4776  rights and to recover actual damages, and punitive damages when
 4777  malicious, wanton, or willful disregard of the rights of others
 4778  can be shown. Any plaintiff who prevails in any such action is
 4779  entitled to recover reasonable attorney’s fees, costs of the
 4780  action, and damages, unless the court finds that the plaintiff
 4781  has acted in bad faith or with malicious purpose or that there
 4782  was a complete absence of a justiciable issue of either law or
 4783  fact. A prevailing defendant is entitled to recover reasonable
 4784  attorney’s fees pursuant to s. 57.105. The remedies provided in
 4785  this section are in addition to other legal and administrative
 4786  remedies available to a resident or to the agency.
 4787         (2) To recover attorney’s fees under this section, the
 4788  following conditions precedent must be met:
 4789         (a) Within 120 days after the filing of a responsive
 4790  pleading or defensive motion to a complaint brought under this
 4791  section and before trial, the parties or their designated
 4792  representatives shall meet in mediation to discuss the issues of
 4793  liability and damages in accordance with this paragraph for the
 4794  purpose of an early resolution of the matter.
 4795         1. Within 60 days after the filing of the responsive
 4796  pleading or defensive motion, the parties shall:
 4797         a. Agree on a mediator. If the parties cannot agree on a
 4798  mediator, the defendant shall immediately notify the court,
 4799  which shall appoint a mediator within 10 days after such notice.
 4800         b. Set a date for mediation.
 4801         c. Prepare an order for the court that identifies the
 4802  mediator, the scheduled date of the mediation, and other terms
 4803  of the mediation. Absent any disagreement between the parties,
 4804  the court may issue the order for the mediation submitted by the
 4805  parties without a hearing.
 4806         2. The mediation must be concluded within 120 days after
 4807  the filing of a responsive pleading or defensive motion. The
 4808  date may be extended only by agreement of all parties subject to
 4809  mediation under this subsection.
 4810         3. The mediation shall be conducted in the following
 4811  manner:
 4812         a. Each party shall ensure that all persons necessary for
 4813  complete settlement authority are present at the mediation.
 4814         b. Each party shall mediate in good faith.
 4815         4. All aspects of the mediation which are not specifically
 4816  established by this subsection must be conducted according to
 4817  the rules of practice and procedure adopted by the Supreme Court
 4818  of this state.
 4819         (b) If the parties do not settle the case pursuant to
 4820  mediation, the last offer of the defendant made at mediation
 4821  shall be recorded by the mediator in a written report that
 4822  states the amount of the offer, the date the offer was made in
 4823  writing, and the date the offer was rejected. If the matter
 4824  subsequently proceeds to trial under this section and the
 4825  plaintiff prevails but is awarded an amount in damages,
 4826  exclusive of attorney’s fees, which is equal to or less than the
 4827  last offer made by the defendant at mediation, the plaintiff is
 4828  not entitled to recover any attorney’s fees.
 4829         (c) This subsection applies only to claims for liability
 4830  and damages and does not apply to actions for injunctive relief.
 4831         (d) This subsection applies to all causes of action that
 4832  accrue on or after October 1, 1999.
 4833         (3) Discovery of financial information for the purpose of
 4834  determining the value of punitive damages may not be had unless
 4835  the plaintiff shows the court by proffer or evidence in the
 4836  record that a reasonable basis exists to support a claim for
 4837  punitive damages.
 4838         (4) In addition to any other standards for punitive
 4839  damages, any award of punitive damages must be reasonable in
 4840  light of the actual harm suffered by the resident and the
 4841  egregiousness of the conduct that caused the actual harm to the
 4842  resident.
 4843         Section 62. Section 429.901, Florida Statutes, is amended
 4844  to read:
 4845         429.901 Definitions.—As used in this part, the term:
 4846         (1) “Adult day care center” or “center” means any building,
 4847  buildings, or part of a building, whether operated for profit or
 4848  not, in which is provided through its ownership or management,
 4849  for a part of a day, basic services to three or more persons who
 4850  are 18 years of age or older, who are not related to the owner
 4851  or operator by blood or marriage, and who require such services.
 4852         (2) “Agency” means the Agency for Health Care
 4853  Administration.
 4854         (2)(3) “Basic services” include, but are not limited to,
 4855  providing a protective setting that is as noninstitutional as
 4856  possible; therapeutic programs of social and health activities
 4857  and services; leisure activities; self-care training; rest;
 4858  nutritional services; and respite care.
 4859         (3)(4) “Department” means the Department of Elderly
 4860  Affairs.
 4861         (4)(5) “Multiple or repeated violations” means 2 or more
 4862  violations that present an imminent danger to the health,
 4863  safety, or welfare of participants or 10 or more violations
 4864  within a 5-year period that threaten the health, safety, or
 4865  welfare of the participants.
 4866         (6) “Operator” means the licensee or person having general
 4867  administrative charge of an adult day care center.
 4868         (7) “Owner” means the licensee of an adult day care center.
 4869         (5)(8) “Participant” means a recipient of basic services or
 4870  of supportive and optional services provided by an adult day
 4871  care center.
 4872         (6)(9) “Supportive and optional services” include, but are
 4873  not limited to, speech, occupational, and physical therapy;
 4874  direct transportation; legal consultation; consumer education;
 4875  and referrals for followup services.
 4876         Section 63. Section 429.905, Florida Statutes, is amended
 4877  to read:
 4878         429.905 Exemptions; monitoring of adult day care center
 4879  programs colocated with assisted living residences facilities or
 4880  licensed nursing home facilities.—
 4881         (1) The following are exempt from this part:
 4882         (a) Any facility, institution, or other place that is
 4883  operated by the Federal Government or any agency thereof.
 4884         (b) Any freestanding inpatient hospice facility that is
 4885  licensed by the state and which provides day care services to
 4886  hospice patients only.
 4887         (2) A licensed assisted living residence facility, a
 4888  licensed hospital, or a licensed nursing home facility may
 4889  provide services during the day which include, but are not
 4890  limited to, social, health, therapeutic, recreational,
 4891  nutritional, and respite services, to adults who are not
 4892  residents. Such a residence or facility need not be licensed as
 4893  an adult day care center; however, the agency must monitor the
 4894  residence or facility during the regular inspection and at least
 4895  biennially to ensure adequate space and sufficient staff. If an
 4896  assisted living residence facility, a hospital, or a nursing
 4897  home holds itself out to the public as an adult day care center,
 4898  it must be licensed as such and meet all standards prescribed by
 4899  statute and rule.
 4900         Section 64. Section 429.907, Florida Statutes, is amended
 4901  to read:
 4902         429.907 License requirement; fee; exemption; display.—
 4903         (1) The requirements of part I part II of chapter 408 apply
 4904  to the provision of services that require licensure pursuant to
 4905  this chapter part and part II of chapter 408 and to entities
 4906  licensed by or applying for such licensure from the agency for
 4907  Health Care Administration pursuant to this part. A license
 4908  issued by the agency is required in order to operate an adult
 4909  day care center in this state.
 4910         (2)(a) Except as otherwise provided in this subsection,
 4911  separate licenses are required for centers operated on separate
 4912  premises, even though operated under the same management.
 4913  Separate licenses are not required for separate buildings on the
 4914  same premises.
 4915         (b) In the event a licensed center becomes wholly or
 4916  substantially unusable due to a disaster as defined in s.
 4917  252.34(1) or due to an emergency as defined in s. 252.34(3):
 4918         1. The licensee may continue to operate under its current
 4919  license in a premise or premises separate from that authorized
 4920  under the license if the licensee has:
 4921         a. Specified the location of the premise or premises in its
 4922  comprehensive emergency management plan submitted to and
 4923  approved by the applicable county emergency management
 4924  authority; and
 4925         b. Notified the agency and the county emergency management
 4926  authority within 24 hours of operating in the separate premise
 4927  or premises.
 4928         2. The licensee shall operate the separate premise or
 4929  premises only while the licensed center’s original location is
 4930  substantially unusable and for no longer than 180 days. The
 4931  agency may extend use of the alternate premise or premises
 4932  beyond the initial 180 days. The agency may also review the
 4933  operation of the disaster premise or premises quarterly.
 4934         (3) In accordance with s. 429.004 s. 408.805, an applicant
 4935  or licensee shall pay a fee for each license application
 4936  submitted under this part and part I II of chapter 408. The
 4937  amount of the fee shall be established by rule and may not
 4938  exceed $150.
 4939         (4) County-operated or municipally operated centers
 4940  applying for licensure under this part are exempt from the
 4941  payment of license fees.
 4942         Section 65. Section 429.909, Florida Statutes, is amended
 4943  to read:
 4944         429.909 Application for license.—In addition to all
 4945  provisions of part I part II of chapter 408, the applicant for
 4946  licensure must furnish a description of the physical and mental
 4947  capabilities and needs of the participants to be served and the
 4948  availability, frequency, and intensity of basic services and of
 4949  supportive and optional services to be provided and proof of
 4950  adequate liability insurance coverage.
 4951         Section 66. Section 429.911, Florida Statutes, is amended
 4952  to read:
 4953         429.911 Denial, suspension, revocation of license;
 4954  emergency action; administrative fines; investigations and
 4955  inspections.—
 4956         (1) The agency may deny, revoke, and suspend a license
 4957  under this part, impose an action under s. 429.013 s. 408.814,
 4958  and impose an administrative fine against the licensee owner of
 4959  an adult day care center or its operator or employee in the
 4960  manner provided in chapter 120 for the violation of any
 4961  provision of this chapter part, part II of chapter 408, or
 4962  applicable rules.
 4963         (2) Each of the following actions by the licensee owner of
 4964  an adult day care center or by its operator or employee is a
 4965  ground for action by the agency against the licensee owner of
 4966  the center or its operator or employee:
 4967         (a) An intentional or negligent act materially affecting
 4968  the health or safety of center participants.
 4969         (b) A violation of this part or of any standard or rule
 4970  under this chapter part or part II of chapter 408.
 4971         (c)  Failure to comply with the background screening
 4972  standards of this part, s. 429.008 s. 408.809(1), or chapter
 4973  435.
 4974         (d) Failure to follow the criteria and procedures provided
 4975  under part I of chapter 394 relating to the transportation,
 4976  voluntary admission, and involuntary examination of center
 4977  participants.
 4978         (e) Multiple or repeated violations of this part or of any
 4979  standard or rule adopted under this chapter part or part II of
 4980  chapter 408.
 4981         (3) The agency is responsible for all investigations and
 4982  inspections conducted pursuant to this part and s. 429.0105 s.
 4983  408.811.
 4984         Section 67. Section 429.913, Florida Statutes, is amended
 4985  to read:
 4986         429.913 Administrative fines.—
 4987         (1)(a) In addition to the requirements of part I part II of
 4988  chapter 408, if the agency determines that an adult day care
 4989  center is not operated in compliance with this part or with
 4990  rules adopted under this part, the agency, notwithstanding any
 4991  other administrative action it takes, shall make a reasonable
 4992  attempt to discuss with the licensee owner each violation and
 4993  recommended corrective action prior to providing the licensee
 4994  owner with written notification. The agency may request the
 4995  submission of a corrective action plan for the center which
 4996  demonstrates a good faith effort to remedy each violation by a
 4997  specific date, subject to the approval of the agency.
 4998         (b) The licensee owner of a center or its operator or
 4999  employee found in violation of this chapter part, part II of
 5000  chapter 408, or applicable rules may be fined by the agency. A
 5001  fine may not exceed $500 for each violation. In no event,
 5002  however, may such fines in the aggregate exceed $5,000.
 5003         (c) The failure to correct a violation by the date set by
 5004  the agency, or the failure to comply with an approved corrective
 5005  action plan, is a separate violation for each day such failure
 5006  continues, unless the agency approves an extension to a specific
 5007  date.
 5008         (2) In determining whether to impose a fine and in fixing
 5009  the amount of any fine, the agency shall consider the following
 5010  factors:
 5011         (a) The gravity of the violation, including the probability
 5012  that death or serious physical or emotional harm to a
 5013  participant will result or has resulted, the severity of the
 5014  actual or potential harm, and the extent to which the provisions
 5015  of the applicable statutes or rules were violated.
 5016         (b) Actions taken by the licensee owner or operator to
 5017  correct violations.
 5018         (c) Any previous violations.
 5019         (d) The financial benefit to the center of committing or
 5020  continuing the violation.
 5021         Section 68. Section 429.915, Florida Statutes, is amended
 5022  to read:
 5023         429.915 Conditional license.—In addition to the license
 5024  categories available in part I part II of chapter 408, the
 5025  agency may issue a conditional license to an applicant for
 5026  license renewal or change of ownership if the applicant fails to
 5027  meet all standards and requirements for licensure. A conditional
 5028  license issued under this subsection must be limited to a
 5029  specific period not exceeding 6 months, as determined by the
 5030  agency, and must be accompanied by an approved plan of
 5031  correction.
 5032         Section 69. Section 429.917, Florida Statutes, is amended
 5033  to read:
 5034         429.917 Patients with Alzheimer’s disease or other related
 5035  disorders; staff training requirements; certain disclosures.—
 5036         (1) An adult day care center licensed under this part must
 5037  provide the following staff training:
 5038         (a) Upon beginning employment with the adult day care
 5039  center facility, each employee must receive basic written
 5040  information about interacting with participants who have
 5041  Alzheimer’s disease or dementia-related disorders.
 5042         (b) In addition to the information provided under paragraph
 5043  (a), newly hired adult day care center personnel who are
 5044  expected to, or whose responsibilities require them to, have
 5045  direct contact with participants who have Alzheimer’s disease or
 5046  dementia-related disorders must complete initial training of at
 5047  least 1 hour within the first 3 months after beginning
 5048  employment. The training must include an overview of dementias
 5049  and must provide instruction in basic skills for communicating
 5050  with persons who have dementia.
 5051         (c) In addition to the requirements of paragraphs (a) and
 5052  (b), an employee who will be providing direct care to a
 5053  participant who has Alzheimer’s disease or a dementia-related
 5054  disorder must complete an additional 3 hours of training within
 5055  9 months after beginning employment. This training must include,
 5056  but is not limited to, the management of problem behaviors,
 5057  information about promoting the participant’s independence in
 5058  activities of daily living, and instruction in skills for
 5059  working with families and caregivers.
 5060         (d) For certified nursing assistants, the required 4 hours
 5061  of training shall be part of the total hours of training
 5062  required annually.
 5063         (e) For a health care practitioner as defined in s.
 5064  456.001, continuing education hours taken as required by that
 5065  practitioner’s licensing board shall be counted toward the total
 5066  of 4 hours.
 5067         (f) For an employee who is a licensed health care
 5068  practitioner as defined in s. 456.001, training that is
 5069  sanctioned by that practitioner’s licensing board shall be
 5070  considered to be approved by the department of Elderly Affairs.
 5071         (g) The department of Elderly Affairs or its designee must
 5072  approve the 1-hour and 3-hour training provided to employees and
 5073  direct caregivers under this section. The department must
 5074  consider for approval training offered in a variety of formats.
 5075  The department shall keep a list of current providers who are
 5076  approved to provide the 1-hour and 3-hour training. The
 5077  department shall adopt rules to establish standards for the
 5078  employees who are subject to this training, for the trainers,
 5079  and for the training required in this section.
 5080         (h) Upon completing any training described in this section,
 5081  the employee or direct caregiver shall be issued a certificate
 5082  that includes the name of the training provider, the topic
 5083  covered, and the date and signature of the training provider.
 5084  The certificate is evidence of completion of training in the
 5085  identified topic, and the employee or direct caregiver is not
 5086  required to repeat training in that topic if the employee or
 5087  direct caregiver changes employment to a different adult day
 5088  care center or to an assisted living residence facility, nursing
 5089  home, home health agency, or hospice. The direct caregiver must
 5090  comply with other applicable continuing education requirements.
 5091         (i) An employee who is hired on or after July 1, 2004, must
 5092  complete the training required by this section.
 5093         (2) A center licensed under this part which claims that it
 5094  provides special care for persons who have Alzheimer’s disease
 5095  or other related disorders must disclose in its advertisements
 5096  or in a separate document those services that distinguish the
 5097  care as being especially applicable to, or suitable for, such
 5098  persons. The center must give a copy of all such advertisements
 5099  or a copy of the document to each person who requests
 5100  information about the center and must maintain a copy of all
 5101  such advertisements and documents in its records. The agency
 5102  shall examine all such advertisements and documents in the
 5103  center’s records as part of the license renewal procedure.
 5104         Section 70. Section 429.919, Florida Statutes, is amended
 5105  to read:
 5106         429.919 Background screening.—The agency shall require
 5107  level 2 background screening for personnel as required in s.
 5108  429.008(1)(e) s. 408.809(1)(e) pursuant to chapter 435 and s.
 5109  408.809.
 5110         Section 71. Section 429.925, Florida Statutes, is amended
 5111  to read:
 5112         429.925 Discontinuance of operation of adult day care
 5113  centers.—In addition to the requirements of part I part II of
 5114  chapter 408, before operation of an adult day care center may be
 5115  voluntarily discontinued, the licensee operator must, at least
 5116  60 days before the discontinuance of operation, inform each
 5117  participant of the fact and the proposed date of discontinuance
 5118  of operation.
 5119         Section 72. Section 429.926, Florida Statutes, is created
 5120  to read:
 5121         429.926 Minimum licensure requirements; exemption.—The
 5122  provisions of s. 429.009(7)-(9), relating to minimum licensure
 5123  requirements, do not apply to adult day care centers licensed
 5124  under this part.
 5125         Section 73. Section 429.927, Florida Statutes, is amended
 5126  to read:
 5127         429.927 Right of entry and inspection.—In accordance with
 5128  429.0105 s. 408.811, the agency or department has the right to
 5129  enter the premises of any adult day care center licensed
 5130  pursuant to this part, at any reasonable time, in order to
 5131  determine the state of compliance with this chapter part, part
 5132  II of chapter 408, and applicable rules.
 5133         Section 74. Section 429.929, Florida Statutes, is amended
 5134  to read:
 5135         429.929 Rules establishing standards.—
 5136         (1) The agency, in consultation with the department, may
 5137  adopt rules to administer the requirements of part II of chapter
 5138  408. The department of Elderly Affairs, in conjunction with the
 5139  agency, shall adopt rules to implement the provisions of this
 5140  part. The rules must include reasonable and fair standards. Any
 5141  conflict between these standards and those that may be set forth
 5142  in local, county, or municipal ordinances shall be resolved in
 5143  favor of those having statewide effect. Such standards must
 5144  relate to:
 5145         (a) The maintenance of adult day care centers with respect
 5146  to plumbing, heating, lighting, ventilation, and other building
 5147  conditions, including adequate meeting space, to ensure the
 5148  health, safety, and comfort of participants and protection from
 5149  fire hazard. Such standards may not conflict with chapter 553
 5150  and must be based upon the size of the structure and the number
 5151  of participants.
 5152         (b) The number and qualifications of all personnel employed
 5153  by adult day care centers who have responsibilities for the care
 5154  of participants.
 5155         (c) All sanitary conditions within adult day care centers
 5156  and their surroundings, including water supply, sewage disposal,
 5157  food handling, and general hygiene, and maintenance of sanitary
 5158  conditions, to ensure the health and comfort of participants.
 5159         (d) Basic services provided by adult day care centers.
 5160         (e) Supportive and optional services provided by adult day
 5161  care centers.
 5162         (f) Data and information relative to participants and
 5163  programs of adult day care centers, including, but not limited
 5164  to, the physical and mental capabilities and needs of the
 5165  participants, the availability, frequency, and intensity of
 5166  basic services and of supportive and optional services provided,
 5167  the frequency of participation, the distances traveled by
 5168  participants, the hours of operation, the number of referrals to
 5169  other centers or elsewhere, and the incidence of illness.
 5170         (g) Components of a comprehensive emergency management
 5171  plan, developed in consultation with the Department of Health,
 5172  the agency for Health Care Administration, and the Department of
 5173  Community Affairs.
 5174         (2) Pursuant to this part, s. 429.0105 s. 408.811, and
 5175  applicable rules, the agency may conduct an abbreviated biennial
 5176  inspection of key quality-of-care standards, in lieu of a full
 5177  inspection, of a center that has a record of good performance.
 5178  However, the agency must conduct a full inspection of a center
 5179  that has had one or more confirmed complaints within the
 5180  licensure period immediately preceding the inspection or which
 5181  has a serious problem identified during the abbreviated
 5182  inspection. The agency shall develop the key quality-of-care
 5183  standards, taking into consideration the comments and
 5184  recommendations of the department of Elderly Affairs and of
 5185  associations and organizations representing adult day care
 5186  centers provider groups. These standards shall be included in
 5187  rules adopted by the department of Elderly Affairs.
 5188         Section 75. Paragraph (b) of subsection (4) of section
 5189  101.62, Florida Statutes, is amended to read:
 5190         101.62 Request for absentee ballots.—
 5191         (4)
 5192         (b) The supervisor shall provide an absentee ballot to each
 5193  elector by whom a request for that ballot has been made by one
 5194  of the following means:
 5195         1. By nonforwardable, return-if-undeliverable mail to the
 5196  elector’s current mailing address on file with the supervisor,
 5197  unless the elector specifies in the request that:
 5198         a. The elector is absent from the county and does not plan
 5199  to return before the day of the election;
 5200         b. The elector is temporarily unable to occupy the
 5201  residence because of hurricane, tornado, flood, fire, or other
 5202  emergency or natural disaster; or
 5203         c. The elector is in a hospital, assisted living residence
 5204  facility, nursing home, short-term medical or rehabilitation
 5205  facility, or correctional facility,
 5206  
 5207  in which case the supervisor shall mail the ballot by
 5208  nonforwardable, return-if-undeliverable mail to any other
 5209  address the elector specifies in the request.
 5210         2. By forwardable mail, e-mail, or facsimile machine
 5211  transmission to absent uniformed services voters and overseas
 5212  voters. The absent uniformed services voter or overseas voter
 5213  may designate in the absentee ballot request the preferred
 5214  method of transmission. If the voter does not designate the
 5215  method of transmission, the absentee ballot shall be mailed.
 5216         3. By personal delivery before 7 p.m. on election day to
 5217  the elector, upon presentation of the identification required in
 5218  s. 101.043.
 5219         4. By delivery to a designee on election day or up to 5
 5220  days prior to the day of an election. Any elector may designate
 5221  in writing a person to pick up the ballot for the elector;
 5222  however, the person designated may not pick up more than two
 5223  absentee ballots per election, other than the designee’s own
 5224  ballot, except that additional ballots may be picked up for
 5225  members of the designee’s immediate family. For purposes of this
 5226  section, “immediate family” means the designee’s spouse or the
 5227  parent, child, grandparent, or sibling of the designee or of the
 5228  designee’s spouse. The designee shall provide to the supervisor
 5229  the written authorization by the elector and a picture
 5230  identification of the designee and must complete an affidavit.
 5231  The designee shall state in the affidavit that the designee is
 5232  authorized by the elector to pick up that ballot and shall
 5233  indicate if the elector is a member of the designee’s immediate
 5234  family and, if so, the relationship. The department shall
 5235  prescribe the form of the affidavit. If the supervisor is
 5236  satisfied that the designee is authorized to pick up the ballot
 5237  and that the signature of the elector on the written
 5238  authorization matches the signature of the elector on file, the
 5239  supervisor shall give the ballot to that designee for delivery
 5240  to the elector.
 5241         Section 76. Subsection (1) of section 101.655, Florida
 5242  Statutes, is amended to read:
 5243         101.655 Supervised voting by absent electors in certain
 5244  facilities.—
 5245         (1) The supervisor of elections of a county shall provide
 5246  supervised voting for absent electors residing in any assisted
 5247  living residence facility, as defined in s. 429.02, or nursing
 5248  home facility, as defined in s. 400.021, within that county at
 5249  the request of any administrator of such a facility. Such
 5250  request for supervised voting in the facility shall be made by
 5251  submitting a written request to the supervisor of elections no
 5252  later than 21 days prior to the election for which that request
 5253  is submitted. The request shall specify the name and address of
 5254  the facility and the name of the electors who wish to vote
 5255  absentee in that election. If the request contains the names of
 5256  fewer than five voters, the supervisor of elections is not
 5257  required to provide supervised voting.
 5258         Section 77. Subsection (16) of section 159.27, Florida
 5259  Statutes, is amended to read:
 5260         159.27 Definitions.—The following words and terms, unless
 5261  the context clearly indicates a different meaning, shall have
 5262  the following meanings:
 5263         (16) “Health care facility” means property operated in the
 5264  private sector, whether operated for profit or not, used for or
 5265  useful in connection with the diagnosis, treatment, therapy,
 5266  rehabilitation, housing, or care of or for aged, sick, ill,
 5267  injured, infirm, impaired, disabled, or handicapped persons,
 5268  without discrimination among such persons due to race, religion,
 5269  or national origin; or for the prevention, detection, and
 5270  control of disease, including, without limitation thereto,
 5271  hospital, clinic, emergency, outpatient, and intermediate care,
 5272  including, but not limited to, facilities for the elderly such
 5273  as assisted living residences facilities, facilities defined in
 5274  s. 154.205(8), day care and share-a-home facilities, nursing
 5275  homes, and the following related property when used for or in
 5276  connection with the foregoing: laboratory; research; pharmacy;
 5277  laundry; health personnel training and lodging; patient, guest,
 5278  and health personnel food service facilities; and offices and
 5279  office buildings for persons engaged in health care professions
 5280  or services; provided, if required by ss. 400.601-400.611 and
 5281  ss. 408.031-408.045, a certificate of need therefor is obtained
 5282  prior to the issuance of the bonds.
 5283         Section 78. Paragraph (b) of subsection (2) of section
 5284  196.1975, Florida Statutes, is amended to read:
 5285         196.1975 Exemption for property used by nonprofit homes for
 5286  the aged.—Nonprofit homes for the aged are exempt to the extent
 5287  that they meet the following criteria:
 5288         (2) A facility will not qualify as a “home for the aged”
 5289  unless at least 75 percent of the occupants are over the age of
 5290  62 years or totally and permanently disabled. For homes for the
 5291  aged which are exempt from paying income taxes to the United
 5292  States as specified in subsection (1), licensing by the Agency
 5293  for Health Care Administration is required for ad valorem tax
 5294  exemption hereunder only if the home:
 5295         (b) Qualifies as an assisted living residence facility
 5296  under chapter 429.
 5297         Section 79. Paragraph (c) of subsection (4) of section
 5298  202.125, Florida Statutes, is amended to read:
 5299         202.125 Sales of communications services; specified
 5300  exemptions.—
 5301         (4) The sale of communications services to a home for the
 5302  aged, religious institution or educational institution that is
 5303  exempt from federal income tax under s. 501(c)(3) of the
 5304  Internal Revenue Code, or by a religious institution that is
 5305  exempt from federal income tax under s. 501(c)(3) of the
 5306  Internal Revenue Code having an established physical place for
 5307  worship at which nonprofit religious services and activities are
 5308  regularly conducted and carried on, is exempt from the taxes
 5309  imposed or administered pursuant to ss. 202.12 and 202.19. As
 5310  used in this subsection, the term:
 5311         (c) “Home for the aged” includes any nonprofit corporation:
 5312         1. In which at least 75 percent of the occupants are 62
 5313  years of age or older or totally and permanently disabled; which
 5314  qualifies for an ad valorem property tax exemption under s.
 5315  196.196, s. 196.197, or s. 196.1975; and which is exempt from
 5316  the sales tax imposed under chapter 212.
 5317         2. Licensed as a nursing home under chapter 400 or an
 5318  assisted living residence facility under chapter 429 and which
 5319  is exempt from the sales tax imposed under chapter 212.
 5320         Section 80. Section 205.1965, Florida Statutes, is amended
 5321  to read:
 5322         205.1965 Assisted living residences facilities.—A county or
 5323  municipality may not issue a business tax receipt for the
 5324  operation of an assisted living residence facility pursuant to
 5325  chapter 429 without first ascertaining that the applicant has
 5326  been licensed by the Agency for Health Care Administration to
 5327  operate such facility at the specified location or locations.
 5328  The Agency for Health Care Administration shall furnish to local
 5329  agencies responsible for issuing business tax receipts
 5330  sufficient instructions for making the required determinations.
 5331         Section 81. Section 252.357, Florida Statutes, is amended
 5332  to read:
 5333         252.357 Monitoring of nursing homes and assisted living
 5334  residences facilities during disaster.—The Florida Comprehensive
 5335  Emergency Management Plan shall permit the Agency for Health
 5336  Care Administration, working from the agency’s offices or in the
 5337  Emergency Operations Center, ESF-8, to make initial contact with
 5338  each nursing home and assisted living residence facility in the
 5339  disaster area. The agency, by July 15, 2006, and annually
 5340  thereafter, shall publish on the Internet an emergency telephone
 5341  number that may be used by nursing homes and assisted living
 5342  residences facilities to contact the agency on a schedule
 5343  established by the agency to report requests for assistance. The
 5344  agency may also provide the telephone number to each facility
 5345  when it makes the initial facility call.
 5346         Section 82. Subsection (4) of section 252.385, Florida
 5347  Statutes, is amended to read:
 5348         252.385 Public shelter space.—
 5349         (4)(a) Public facilities, including schools, postsecondary
 5350  education facilities, and other facilities owned or leased by
 5351  the state or local governments, but excluding hospitals, hospice
 5352  care facilities, assisted living residences facilities, and
 5353  nursing homes, which are suitable for use as public hurricane
 5354  evacuation shelters shall be made available at the request of
 5355  the local emergency management agencies. The local emergency
 5356  management agency shall coordinate with these entities to ensure
 5357  that designated facilities are ready to activate prior to a
 5358  specific hurricane or disaster. Such agencies shall coordinate
 5359  with the appropriate school board, university, community
 5360  college, state agency, or local governing board when requesting
 5361  the use of such facilities as public hurricane evacuation
 5362  shelters.
 5363         (b) The Department of Management Services shall incorporate
 5364  provisions for the use of suitable leased public facilities as
 5365  public hurricane evacuation shelters into lease agreements for
 5366  state agencies. Suitable leased public facilities include leased
 5367  public facilities that are solely occupied by state agencies and
 5368  have at least 2,000 square feet of net floor area in a single
 5369  room or in a combination of rooms having a minimum of 400 square
 5370  feet in each room. The net square footage of floor area shall be
 5371  determined by subtracting from the gross square footage the
 5372  square footage of spaces such as mechanical and electrical
 5373  rooms, storage rooms, open corridors, restrooms, kitchens,
 5374  science or computer laboratories, shop or mechanical areas,
 5375  administrative offices, records vaults, and crawl spaces.
 5376         (c) The Department of Management Services shall, in
 5377  consultation with local and state emergency management agencies,
 5378  assess Department of Management Services facilities to identify
 5379  the extent to which each facility has public hurricane
 5380  evacuation shelter space. The Department of Management Services
 5381  shall submit proposed facility retrofit projects that
 5382  incorporate hurricane protection enhancements to the department
 5383  for assessment and inclusion in the annual report prepared in
 5384  accordance with subsection (3).
 5385         (d) The Department of Management Services shall include in
 5386  the annual state facilities inventory report required under ss.
 5387  216.015-216.016 a separate list of state-owned facilities,
 5388  including, but not limited to, meeting halls, auditoriums,
 5389  conference centers, and training centers that have unoccupied
 5390  space suitable for use as an emergency shelter during a storm or
 5391  other catastrophic event. Facilities must be listed by the
 5392  county and municipality where the facility is located and must
 5393  be made available in accordance with paragraph (a). As used in
 5394  this paragraph, the term “suitable for use as an emergency
 5395  shelter” means meeting the standards set by the American Red
 5396  Cross for a hurricane evacuation shelter, and the term
 5397  “unoccupied” means vacant due to suspended operation or nonuse.
 5398  The list must be updated by May 31 of each year.
 5399         Section 83. Paragraph (p) of subsection (24) of section
 5400  380.06, Florida Statutes, is amended to read:
 5401         380.06 Developments of regional impact.—
 5402         (24) STATUTORY EXEMPTIONS.—
 5403         (p) Any proposed nursing home or assisted living residence
 5404  facility is exempt from this section.
 5405  
 5406  If a use is exempt from review as a development of regional
 5407  impact under paragraphs (a)-(s), but will be part of a larger
 5408  project that is subject to review as a development of regional
 5409  impact, the impact of the exempt use must be included in the
 5410  review of the larger project, unless such exempt use involves a
 5411  development of regional impact that includes a landowner,
 5412  tenant, or user that has entered into a funding agreement with
 5413  the Office of Tourism, Trade, and Economic Development under the
 5414  Innovation Incentive Program and the agreement contemplates a
 5415  state award of at least $50 million.
 5416         Section 84. Subsection (16) of section 381.006, Florida
 5417  Statutes, is amended to read:
 5418         381.006 Environmental health.—The department shall conduct
 5419  an environmental health program as part of fulfilling the
 5420  state’s public health mission. The purpose of this program is to
 5421  detect and prevent disease caused by natural and manmade factors
 5422  in the environment. The environmental health program shall
 5423  include, but not be limited to:
 5424         (16) A group-care-facilities function. As used in this
 5425  subsection, the term “group care facility” means any public or
 5426  private school, assisted living residence facility, adult
 5427  family-care home, adult day care center, short-term residential
 5428  treatment center, residential treatment facility, home for
 5429  special services, transitional living facility, crisis
 5430  stabilization unit, hospice, prescribed pediatric extended care
 5431  center, intermediate care facility for persons with
 5432  developmental disabilities, or boarding school. The department
 5433  may adopt rules necessary to protect the health and safety of
 5434  residents, staff, and patrons of group care facilities. Rules
 5435  related to public and private schools shall be developed by the
 5436  Department of Education in consultation with the department.
 5437  Rules adopted under this subsection may include definitions of
 5438  terms; provisions relating to operation and maintenance of
 5439  facilities, buildings, grounds, equipment, furnishings, and
 5440  occupant-space requirements; lighting; heating, cooling, and
 5441  ventilation; food service; water supply and plumbing; sewage;
 5442  sanitary facilities; insect and rodent control; garbage; safety;
 5443  personnel health, hygiene, and work practices; and other matters
 5444  the department finds are appropriate or necessary to protect the
 5445  safety and health of the residents, staff, students, faculty, or
 5446  patrons. The department may not adopt rules that conflict with
 5447  rules adopted by the licensing or certifying agency. The
 5448  department may enter and inspect at reasonable hours to
 5449  determine compliance with applicable statutes or rules. In
 5450  addition to any sanctions that the department may impose for
 5451  violations of rules adopted under this section, the department
 5452  shall also report such violations to any agency responsible for
 5453  licensing or certifying the group care facility. The licensing
 5454  or certifying agency may also impose any sanction based solely
 5455  on the findings of the department.
 5456  
 5457  The department may adopt rules to carry out the provisions of
 5458  this section.
 5459         Section 85. Paragraph (b) of subsection (1) of section
 5460  381.0072, Florida Statutes, is amended to read:
 5461         381.0072 Food service protection.—It shall be the duty of
 5462  the Department of Health to adopt and enforce sanitation rules
 5463  consistent with law to ensure the protection of the public from
 5464  food-borne illness. These rules shall provide the standards and
 5465  requirements for the storage, preparation, serving, or display
 5466  of food in food service establishments as defined in this
 5467  section and which are not permitted or licensed under chapter
 5468  500 or chapter 509.
 5469         (1) DEFINITIONS.—As used in this section, the term:
 5470         (b) “Food service establishment” means detention
 5471  facilities, public or private schools, migrant labor camps,
 5472  assisted living residences facilities, adult family-care homes,
 5473  adult day care centers, short-term residential treatment
 5474  centers, residential treatment facilities, homes for special
 5475  services, transitional living facilities, crisis stabilization
 5476  units, hospices, prescribed pediatric extended care centers,
 5477  intermediate care facilities for persons with developmental
 5478  disabilities, boarding schools, civic or fraternal
 5479  organizations, bars and lounges, vending machines that dispense
 5480  potentially hazardous foods at facilities expressly named in
 5481  this paragraph, and facilities used as temporary food events or
 5482  mobile food units at any facility expressly named in this
 5483  paragraph, where food is prepared and intended for individual
 5484  portion service, including the site at which individual portions
 5485  are provided, regardless of whether consumption is on or off the
 5486  premises and regardless of whether there is a charge for the
 5487  food. The term does not include any entity not expressly named
 5488  in this paragraph; nor does the term include a domestic violence
 5489  center certified and monitored by the Department of Children and
 5490  Family Services under part XIII of chapter 39 if the center does
 5491  not prepare and serve food to its residents and does not
 5492  advertise food or drink for public consumption.
 5493         Section 86. Paragraph (a) of subsection (3) and paragraph
 5494  (g) of subsection (6) of section 381.0303, Florida Statutes, are
 5495  amended to read:
 5496         381.0303 Special needs shelters.—
 5497         (3) REIMBURSEMENT TO HEALTH CARE PRACTITIONERS AND
 5498  FACILITIES.—
 5499         (a) The department shall, upon request, reimburse in
 5500  accordance with paragraph (b):
 5501         1. Health care practitioners, as defined in s. 456.001,
 5502  provided the practitioner is not providing care to a patient
 5503  under an existing contract, and emergency medical technicians
 5504  and paramedics licensed under chapter 401 for medical care
 5505  provided at the request of the department in special needs
 5506  shelters or at other locations during times of emergency or a
 5507  declared disaster. Reimbursement for health care practitioners,
 5508  except for physicians licensed under chapter 458 or chapter 459,
 5509  shall be based on the average hourly rate that such
 5510  practitioners were paid according to the most recent survey of
 5511  Florida hospitals conducted by the Florida Hospital Association
 5512  or other nationally recognized or state-recognized data source.
 5513         2. Health care facilities, such as hospitals, nursing
 5514  homes, assisted living residences facilities, and community
 5515  residential homes, if, upon closure of a special needs shelter,
 5516  a multiagency special needs shelter discharge planning team
 5517  determines that it is necessary to discharge persons with
 5518  special needs to other health care facilities. The receiving
 5519  facilities are eligible for reimbursement for services provided
 5520  to the individuals for up to 90 days. A facility must show proof
 5521  of a written request from a representative of an agency serving
 5522  on the multiagency special needs shelter discharge planning team
 5523  that the individual for whom the facility is seeking
 5524  reimbursement for services rendered was referred to that
 5525  facility from a special needs shelter. The department shall
 5526  specify by rule which expenses are reimbursable and the rate of
 5527  reimbursement for each service.
 5528         (6) RULES.—The department has the authority to adopt rules
 5529  necessary to implement this section. Rules shall include:
 5530         (g) The requirement of the county health departments to
 5531  seek the participation of hospitals, nursing homes, assisted
 5532  living residences facilities, home health agencies, hospice
 5533  providers, nurse registries, home medical equipment providers,
 5534  dialysis centers, and other health and medical emergency
 5535  preparedness stakeholders in pre-event planning activities.
 5536         Section 87. Subsection (17) of section 394.455, Florida
 5537  Statutes, is amended to read:
 5538         394.455 Definitions.—As used in this part, unless the
 5539  context clearly requires otherwise, the term:
 5540         (17) “Mental health overlay program” means a mobile service
 5541  which provides an independent examination for voluntary
 5542  admissions and a range of supplemental onsite services to
 5543  persons with a mental illness in a residential setting such as a
 5544  nursing home, assisted living residence facility, adult family
 5545  care home, or nonresidential setting such as an adult day care
 5546  center. Independent examinations provided pursuant to this part
 5547  through a mental health overlay program must only be provided
 5548  under contract with the department for this service or be
 5549  attached to a public receiving facility that is also a community
 5550  mental health center.
 5551         Section 88. Section 394.4574, Florida Statutes, is amended
 5552  to read:
 5553         394.4574 Department responsibilities for a mental health
 5554  resident who resides in an assisted living residence facility
 5555  that holds a limited mental health license.—
 5556         (1) The term “mental health resident,” for purposes of this
 5557  section, means an individual who receives social security
 5558  disability income due to a mental disorder as determined by the
 5559  Social Security Administration or receives supplemental security
 5560  income due to a mental disorder as determined by the Social
 5561  Security Administration and receives optional state
 5562  supplementation.
 5563         (2) The department must ensure that:
 5564         (a) A mental health resident has been assessed by a
 5565  psychiatrist, clinical psychologist, clinical social worker, or
 5566  psychiatric nurse, or an individual who is supervised by one of
 5567  these professionals, and determined to be appropriate to reside
 5568  in an assisted living residence facility. The documentation must
 5569  be provided to the administrator of the facility within 30 days
 5570  after the mental health resident has been admitted to the
 5571  facility. An evaluation completed upon discharge from a state
 5572  mental hospital meets the requirements of this subsection
 5573  related to appropriateness for placement as a mental health
 5574  resident if it was completed within 90 days prior to admission
 5575  to the facility.
 5576         (b) A cooperative agreement, as required in s. 429.075, is
 5577  developed between the mental health care services provider that
 5578  serves a mental health resident and the administrator of the
 5579  assisted living residence facility with a limited mental health
 5580  license in which the mental health resident is living. Any
 5581  entity that provides Medicaid prepaid health plan services shall
 5582  ensure the appropriate coordination of health care services with
 5583  an assisted living residence facility in cases where a Medicaid
 5584  recipient is both a member of the entity’s prepaid health plan
 5585  and a resident of the assisted living residence facility. If the
 5586  entity is at risk for Medicaid targeted case management and
 5587  behavioral health services, the entity shall inform the assisted
 5588  living residence facility of the procedures to follow should an
 5589  emergent condition arise.
 5590         (c) The community living support plan, as defined in s.
 5591  429.02, has been prepared by a mental health resident and a
 5592  mental health case manager of that resident in consultation with
 5593  the administrator of the facility or the administrator’s
 5594  designee. The plan must be provided to the administrator of the
 5595  assisted living residence facility with a limited mental health
 5596  license in which the mental health resident lives. The support
 5597  plan and the agreement may be in one document.
 5598         (d) The assisted living residence facility with a limited
 5599  mental health license is provided with documentation that the
 5600  individual meets the definition of a mental health resident.
 5601         (e) The mental health services provider assigns a case
 5602  manager to each mental health resident who lives in an assisted
 5603  living residence facility with a limited mental health license.
 5604  The case manager is responsible for coordinating the development
 5605  of and implementation of the community living support plan
 5606  defined in s. 429.02. The plan must be updated at least
 5607  annually.
 5608         (3) The Secretary of Children and Family Services, in
 5609  consultation with the Agency for Health Care Administration,
 5610  shall annually require each district administrator to develop,
 5611  with community input, detailed plans that demonstrate how the
 5612  district will ensure the provision of state-funded mental health
 5613  and substance abuse treatment services to residents of assisted
 5614  living residences facilities that hold a limited mental health
 5615  license. These plans must be consistent with the substance abuse
 5616  and mental health district plan developed pursuant to s. 394.75
 5617  and must address case management services; access to consumer
 5618  operated drop-in centers; access to services during evenings,
 5619  weekends, and holidays; supervision of the clinical needs of the
 5620  residents; and access to emergency psychiatric care.
 5621         Section 89. Paragraph (l) of subsection (1) of section
 5622  394.462, Florida Statutes, is amended to read:
 5623         394.462 Transportation.—
 5624         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
 5625         (l) When a jurisdiction has entered into a contract with an
 5626  emergency medical transport service or a private transport
 5627  company for transportation of persons to receiving facilities,
 5628  such service or company shall be given preference for
 5629  transportation of persons from nursing homes, assisted living
 5630  residences facilities, adult day care centers, or adult family
 5631  care homes, unless the behavior of the person being transported
 5632  is such that transportation by a law enforcement officer is
 5633  necessary.
 5634         Section 90. Paragraph (b) of subsection (1) of section
 5635  394.4625, Florida Statutes, is amended to read:
 5636         394.4625 Voluntary admissions.—
 5637         (1) AUTHORITY TO RECEIVE PATIENTS.—
 5638         (b) A mental health overlay program or a mobile crisis
 5639  response service or a licensed professional who is authorized to
 5640  initiate an involuntary examination pursuant to s. 394.463 and
 5641  is employed by a community mental health center or clinic must,
 5642  pursuant to district procedure approved by the respective
 5643  district administrator, conduct an initial assessment of the
 5644  ability of the following persons to give express and informed
 5645  consent to treatment before such persons may be admitted
 5646  voluntarily:
 5647         1. A person 60 years of age or older for whom transfer is
 5648  being sought from a nursing home, assisted living residence
 5649  facility, adult day care center, or adult family-care home, when
 5650  such person has been diagnosed as suffering from dementia.
 5651         2. A person 60 years of age or older for whom transfer is
 5652  being sought from a nursing home pursuant to s. 400.0255(12).
 5653         3. A person for whom all decisions concerning medical
 5654  treatment are currently being lawfully made by the health care
 5655  surrogate or proxy designated under chapter 765.
 5656         Section 91. Subsection (5) of section 394.75, Florida
 5657  Statutes, is amended to read:
 5658         394.75 State and district substance abuse and mental health
 5659  plans.—
 5660         (5) The district plan shall address how substance abuse and
 5661  mental health services will be provided and how a system of care
 5662  for target populations will be provided given the resources
 5663  available in the service district. The plan must include
 5664  provisions for maximizing client access to the most recently
 5665  developed psychiatric medications approved by the United States
 5666  Food and Drug Administration, for developing independent housing
 5667  units through participation in the Section 811 program operated
 5668  by the United States Department of Housing and Urban
 5669  Development, for developing supported employment services
 5670  through the Division of Vocational Rehabilitation of the
 5671  Department of Education, for providing treatment services to
 5672  persons with co-occurring mental illness and substance abuse
 5673  problems which are integrated across treatment systems, and for
 5674  providing services to adults who have a serious mental illness,
 5675  as defined in s. 394.67, and who reside in assisted living
 5676  residences facilities.
 5677         Section 92. Paragraph (l) of subsection (5) of section
 5678  394.9082, Florida Statutes, is amended to read:
 5679         394.9082 Behavioral health managing entities.—
 5680         (5) GOALS.—The goal of the service delivery strategies is
 5681  to provide a design for an effective coordination, integration,
 5682  and management approach for delivering effective behavioral
 5683  health services to persons who are experiencing a mental health
 5684  or substance abuse crisis, who have a disabling mental illness
 5685  or a substance use or co-occurring disorder, and require
 5686  extended services in order to recover from their illness, or who
 5687  need brief treatment or longer-term supportive interventions to
 5688  avoid a crisis or disability. Other goals include:
 5689         (l) Promoting specialized behavioral health services to
 5690  residents of assisted living residences facilities.
 5691         Section 93. Subsection (5) of section 400.0060, Florida
 5692  Statutes, is amended to read:
 5693         400.0060 Definitions.—When used in this part, unless the
 5694  context clearly dictates otherwise, the term:
 5695         (5) “Long-term care facility” means a nursing home
 5696  facility, assisted living residence facility, adult family-care
 5697  home, board and care facility, or any other similar residential
 5698  adult care facility.
 5699         Section 94. Paragraph (a) of subsection (4) of section
 5700  400.0069, Florida Statutes, is amended to read:
 5701         400.0069 Local long-term care ombudsman councils; duties;
 5702  membership.—
 5703         (4) Each local council shall be composed of members whose
 5704  primary residence is located within the boundaries of the local
 5705  council’s jurisdiction.
 5706         (a) The ombudsman shall strive to ensure that each local
 5707  council include the following persons as members:
 5708         1. At least one medical or osteopathic physician whose
 5709  practice includes or has included a substantial number of
 5710  geriatric patients and who may practice in a long-term care
 5711  facility;
 5712         2. At least one registered nurse who has geriatric
 5713  experience;
 5714         3. At least one licensed pharmacist;
 5715         4. At least one registered dietitian;
 5716         5. At least six nursing home residents or representative
 5717  consumer advocates for nursing home residents;
 5718         6. At least three residents of assisted living residences
 5719  facilities or adult family-care homes or three representative
 5720  consumer advocates for alternative long-term care facility
 5721  residents;
 5722         7. At least one attorney; and
 5723         8. At least one professional social worker.
 5724         Section 95. Subsection (1) and paragraph (a) of subsection
 5725  (2) of section 400.0074, Florida Statutes, are amended to read:
 5726         400.0074 Local ombudsman council onsite administrative
 5727  assessments.—
 5728         (1) In addition to any specific investigation conducted
 5729  pursuant to a complaint, the local council shall conduct, at
 5730  least annually, an onsite administrative assessment of each
 5731  nursing home, assisted living residence facility, and adult
 5732  family-care home within its jurisdiction. This administrative
 5733  assessment shall focus on factors affecting the rights, health,
 5734  safety, and welfare of the residents. Each local council is
 5735  encouraged to conduct a similar onsite administrative assessment
 5736  of each additional long-term care facility within its
 5737  jurisdiction.
 5738         (2) An onsite administrative assessment conducted by a
 5739  local council shall be subject to the following conditions:
 5740         (a) To the extent possible and reasonable, the
 5741  administrative assessments shall not duplicate the efforts of
 5742  the agency surveys and inspections conducted under part II of
 5743  this chapter and parts I, and II, and III of chapter 429.
 5744         Section 96. Subsection (1) of section 400.0239, Florida
 5745  Statutes, is amended to read:
 5746         400.0239 Quality of Long-Term Care Facility Improvement
 5747  Trust Fund.—
 5748         (1) There is created within the Agency for Health Care
 5749  Administration a Quality of Long-Term Care Facility Improvement
 5750  Trust Fund to support activities and programs directly related
 5751  to improvement of the care of nursing home and assisted living
 5752  residence facility residents. The trust fund shall be funded
 5753  through proceeds generated pursuant to ss. 400.0238 and 429.298,
 5754  through funds specifically appropriated by the Legislature,
 5755  through gifts, endowments, and other charitable contributions
 5756  allowed under federal and state law, and through federal nursing
 5757  home civil monetary penalties collected by the Centers for
 5758  Medicare and Medicaid Services and returned to the state. These
 5759  funds must be utilized in accordance with federal requirements.
 5760         Section 97. Subsections (1) and (5) of section 400.148,
 5761  Florida Statutes, are amended to read:
 5762         400.148 Medicaid “Up-or-Out” Quality of Care Contract
 5763  Management Program.—
 5764         (1) The Legislature finds that the federal Medicare program
 5765  has implemented successful models of managing the medical and
 5766  supportive-care needs of long-term nursing home residents. These
 5767  programs have maintained the highest practicable level of good
 5768  health and have the potential to reduce the incidence of
 5769  preventable illnesses among long-stay residents of nursing
 5770  homes, thereby increasing the quality of care for residents and
 5771  reducing the number of lawsuits against nursing homes. Such
 5772  models are operated at no cost to the state. It is the intent of
 5773  the Legislature that the Agency for Health Care Administration
 5774  replicate such oversight for Medicaid recipients in poor
 5775  performing nursing homes and in assisted living residences
 5776  facilities and nursing homes that are experiencing
 5777  disproportionate numbers of lawsuits, with the goal of improving
 5778  the quality of care in such homes or facilitating the revocation
 5779  of licensure.
 5780         (5) The agency shall, jointly with the Statewide Public
 5781  Guardianship Office, develop a system in the pilot project areas
 5782  to identify Medicaid recipients who are residents of a
 5783  participating nursing home or assisted living residence facility
 5784  who have diminished ability to make their own decisions and who
 5785  do not have relatives or family available to act as guardians in
 5786  nursing homes listed on the Nursing Home Guide Watch List. The
 5787  agency and the Statewide Public Guardianship Office shall give
 5788  such residents priority for publicly funded guardianship
 5789  services.
 5790         Section 98. Subsection (6) of section 400.1755, Florida
 5791  Statutes, is amended to read:
 5792         400.1755 Care for persons with Alzheimer’s disease or
 5793  related disorders.—
 5794         (6) Upon completing any training listed in this section,
 5795  the employee or direct caregiver shall be issued a certificate
 5796  that includes the name of the training provider, the topic
 5797  covered, and the date and signature of the training provider.
 5798  The certificate is evidence of completion of training in the
 5799  identified topic, and the employee or direct caregiver is not
 5800  required to repeat training in that topic if the employee or
 5801  direct caregiver changes employment to a different facility or
 5802  to an assisted living residence facility, home health agency,
 5803  adult day care center, or adult family-care home. The direct
 5804  caregiver must comply with other applicable continuing education
 5805  requirements.
 5806         Section 99. Paragraph (h) of subsection (5) of section
 5807  400.464, Florida Statutes, is amended to read:
 5808         400.464 Home health agencies to be licensed; expiration of
 5809  license; exemptions; unlawful acts; penalties.—
 5810         (5) The following are exempt from the licensure
 5811  requirements of this part:
 5812         (h) The delivery of assisted living residence facility
 5813  services for which the assisted living residence facility is
 5814  licensed under part I of chapter 429, to serve its residents in
 5815  its facility.
 5816         Section 100. Paragraphs (b), (k), and (l) of subsection
 5817  (10) of section 400.471, Florida Statutes, are amended to read:
 5818         400.471 Application for license; fee.—
 5819         (10) The agency may not issue a renewal license for a home
 5820  health agency in any county having at least one licensed home
 5821  health agency and that has more than one home health agency per
 5822  5,000 persons, as indicated by the most recent population
 5823  estimates published by the Legislature’s Office of Economic and
 5824  Demographic Research, if the applicant or any controlling
 5825  interest has been administratively sanctioned by the agency
 5826  during the 2 years prior to the submission of the licensure
 5827  renewal application for one or more of the following acts:
 5828         (b) Knowingly providing home health services in an
 5829  unlicensed assisted living residence facility or unlicensed
 5830  adult family-care home, unless the home health agency or
 5831  employee reports the unlicensed facility or home to the agency
 5832  within 72 hours after providing the services;
 5833         (k) Providing services to residents in an assisted living
 5834  residence facility for which the home health agency does not
 5835  receive fair market value remuneration; or
 5836         (l) Providing staffing to an assisted living residence
 5837  facility for which the home health agency does not receive fair
 5838  market value remuneration.
 5839         Section 101. Paragraph (c) of subsection (2) and paragraphs
 5840  (b), (c), and (d) of subsection (6) of section 400.474, Florida
 5841  Statutes, are amended to read:
 5842         400.474 Administrative penalties.—
 5843         (2) Any of the following actions by a home health agency or
 5844  its employee is grounds for disciplinary action by the agency:
 5845         (c) Knowingly providing home health services in an
 5846  unlicensed assisted living residence facility or unlicensed
 5847  adult family-care home, unless the home health agency or
 5848  employee reports the unlicensed facility or home to the agency
 5849  within 72 hours after providing the services.
 5850         (6) The agency may deny, revoke, or suspend the license of
 5851  a home health agency and shall impose a fine of $5,000 against a
 5852  home health agency that:
 5853         (b) Provides services to residents in an assisted living
 5854  residence facility for which the home health agency does not
 5855  receive fair market value remuneration.
 5856         (c) Provides staffing to an assisted living residence
 5857  facility for which the home health agency does not receive fair
 5858  market value remuneration.
 5859         (d) Fails to provide the agency, upon request, with copies
 5860  of all contracts with assisted living residences facilities
 5861  which were executed within 5 years before the request.
 5862  
 5863  Nothing in paragraph (e) or paragraph (j) shall be interpreted
 5864  as applying to or precluding any discount, compensation, waiver
 5865  of payment, or payment practice permitted by 42 U.S.C. s. 1320a
 5866  7(b) or regulations adopted thereunder, including 42 C.F.R. s.
 5867  1001.952 or s. 1395nn or regulations adopted thereunder.
 5868         Section 102. Paragraph (e) of subsection (10) of section
 5869  400.497, Florida Statutes, is amended to read:
 5870         400.497 Rules establishing minimum standards.—The agency
 5871  shall adopt, publish, and enforce rules to implement part II of
 5872  chapter 408 and this part, including, as applicable, ss. 400.506
 5873  and 400.509, which must provide reasonable and fair minimum
 5874  standards relating to:
 5875         (10) Preparation of a comprehensive emergency management
 5876  plan pursuant to s. 400.492.
 5877         (e) The requirements in this subsection do not apply to:
 5878         1. A facility that is certified under chapter 651 and has a
 5879  licensed home health agency used exclusively by residents of the
 5880  facility; or
 5881         2. A retirement community that consists of residential
 5882  units for independent living and either a licensed nursing home
 5883  or an assisted living residence facility, and has a licensed
 5884  home health agency used exclusively by the residents of the
 5885  retirement community, provided the comprehensive emergency
 5886  management plan for the facility or retirement community
 5887  provides for continuous care of all residents with special needs
 5888  during an emergency.
 5889         Section 103. Paragraph (a) of subsection (15) of section
 5890  400.506, Florida Statutes, is amended to read:
 5891         400.506 Licensure of nurse registries; requirements;
 5892  penalties.—
 5893         (15)(a) The agency may deny, suspend, or revoke the license
 5894  of a nurse registry and shall impose a fine of $5,000 against a
 5895  nurse registry that:
 5896         1. Provides services to residents in an assisted living
 5897  residence facility for which the nurse registry does not receive
 5898  fair market value remuneration.
 5899         2. Provides staffing to an assisted living residence
 5900  facility for which the nurse registry does not receive fair
 5901  market value remuneration.
 5902         3. Fails to provide the agency, upon request, with copies
 5903  of all contracts with assisted living residences facilities
 5904  which were executed within the last 5 years.
 5905         4. Gives remuneration to a case manager, discharge planner,
 5906  facility-based staff member, or third-party vendor who is
 5907  involved in the discharge planning process of a facility
 5908  licensed under chapter 395 or this chapter and from whom the
 5909  nurse registry receives referrals. A nurse registry is exempt
 5910  from this subparagraph if it does not bill the Florida Medicaid
 5911  program or the Medicare program or share a controlling interest
 5912  with any entity licensed, registered, or certified under part II
 5913  of chapter 408 that bills the Florida Medicaid program or the
 5914  Medicare program.
 5915         5. Gives remuneration to a physician, a member of the
 5916  physician’s office staff, or an immediate family member of the
 5917  physician, and the nurse registry received a patient referral in
 5918  the last 12 months from that physician or the physician’s office
 5919  staff. A nurse registry is exempt from this subparagraph if it
 5920  does not bill the Florida Medicaid program or the Medicare
 5921  program or share a controlling interest with any entity
 5922  licensed, registered, or certified under part II of chapter 408
 5923  that bills the Florida Medicaid program or the Medicare program.
 5924         Section 104. Paragraph (h) of subsection (1) of section
 5925  400.6045, Florida Statutes, is amended to read:
 5926         400.6045 Patients with Alzheimer’s disease or other related
 5927  disorders; staff training requirements; certain disclosures.—
 5928         (1) A hospice licensed under this part must provide the
 5929  following staff training:
 5930         (h) Upon completing any training described in this section,
 5931  the employee or direct caregiver shall be issued a certificate
 5932  that includes the name of the training provider, the topic
 5933  covered, and the date and signature of the training provider.
 5934  The certificate is evidence of completion of training in the
 5935  identified topic, and the employee or direct caregiver is not
 5936  required to repeat training in that topic if the employee or
 5937  direct caregiver changes employment to a different hospice or to
 5938  a home health agency, assisted living residence facility,
 5939  nursing home, or adult day care center.
 5940         Section 105. Paragraph (g) of subsection (1) of section
 5941  400.605, Florida Statutes, is amended to read:
 5942         400.605 Administration; forms; fees; rules; inspections;
 5943  fines.—
 5944         (1) The agency, in consultation with the department, may
 5945  adopt rules to administer the requirements of part II of chapter
 5946  408. The department, in consultation with the agency, shall by
 5947  rule establish minimum standards and procedures for a hospice
 5948  pursuant to this part. The rules must include:
 5949         (g) Standards for hospice care provided in freestanding
 5950  inpatient facilities that are not otherwise licensed medical
 5951  facilities and in residential care facilities such as nursing
 5952  homes, assisted living residences facilities, adult family-care
 5953  homes, and hospice residential units and facilities.
 5954         Section 106. Subsection (3) of section 400.609, Florida
 5955  Statutes, is amended to read:
 5956         400.609 Hospice services.—Each hospice shall provide a
 5957  continuum of hospice services which afford the patient and the
 5958  family of the patient a range of service delivery which can be
 5959  tailored to specific needs and preferences of the patient and
 5960  family at any point in time throughout the length of care for
 5961  the terminally ill patient and during the bereavement period.
 5962  These services must be available 24 hours a day, 7 days a week,
 5963  and must include:
 5964         (3) HOSPICE RESIDENTIAL CARE.—Hospice care and services, to
 5965  the extent practicable and compatible with the needs and
 5966  preferences of the patient, may be provided by the hospice care
 5967  team to a patient living in an assisted living residence
 5968  facility, adult family-care home, nursing home, hospice
 5969  residential unit or facility, or other nondomestic place of
 5970  permanent or temporary residence. A resident or patient living
 5971  in an assisted living residence facility, adult family-care
 5972  home, nursing home, or other facility subject to state licensing
 5973  who has been admitted to a hospice program shall be considered a
 5974  hospice patient, and the hospice program shall be responsible
 5975  for coordinating and ensuring the delivery of hospice care and
 5976  services to such person pursuant to the standards and
 5977  requirements of this part and rules adopted under this part.
 5978         Section 107. Section 400.701, Florida Statutes, is amended
 5979  to read:
 5980         400.701 Intermediate care facilities; intent.—The
 5981  Legislature recognizes the need to develop a continuum of long
 5982  term care in this state to meet the needs of the elderly and
 5983  disabled persons. The Legislature finds that there is a gap
 5984  between the level of care provided in assisted living residences
 5985  facilities and in nursing homes. The Legislature finds that
 5986  exploration of intermediate-level care facilities which would
 5987  fill the gap between assisted living residences facilities and
 5988  nursing homes, where both the federal and state government share
 5989  the cost of providing care, is an appropriate option to explore
 5990  in the continuum of care.
 5991         Section 108. Subsection (13) of section 400.925, Florida
 5992  Statutes, is amended to read:
 5993         400.925 Definitions.—As used in this part, the term:
 5994         (13) “Residence” means the consumer’s home or place of
 5995  residence, which may include nursing homes, assisted living
 5996  residences facilities, transitional living facilities, adult
 5997  family-care homes, or other congregate residential facilities.
 5998         Section 109. Paragraph (c) of subsection (5) of section
 5999  400.93, Florida Statutes, is amended to read:
 6000         400.93 Licensure required; exemptions; unlawful acts;
 6001  penalties.—
 6002         (5) The following are exempt from home medical equipment
 6003  provider licensure, unless they have a separate company,
 6004  corporation, or division that is in the business of providing
 6005  home medical equipment and services for sale or rent to
 6006  consumers at their regular or temporary place of residence
 6007  pursuant to the provisions of this part:
 6008         (c) Assisted living residences facilities licensed under
 6009  chapter 429, when serving their residents.
 6010         Section 110. Section 405.01, Florida Statutes, is amended
 6011  to read:
 6012         405.01 Release of medical information to certain study
 6013  groups; exemption from liability.—Any person, hospital, assisted
 6014  living residence facility, hospice, sanatorium, nursing or rest
 6015  home or other organization may provide information, interviews,
 6016  reports, statements, memoranda, or other data relating to the
 6017  condition and treatment of any person to research groups,
 6018  governmental health agencies, medical associations and
 6019  societies, and in-hospital medical staff committees, to be used
 6020  in the course of any study for the purpose of reducing morbidity
 6021  or mortality. No liability of any kind or character for damages
 6022  or other relief shall arise or be enforced against any person or
 6023  organization by reason of having provided such information or
 6024  material, or by reason of having released or published the
 6025  findings and conclusions of such groups to advance medical
 6026  research and medical education, or by reason of having released
 6027  or published generally a summary of such studies.
 6028         Section 111. Paragraphs (a), (b), and (c) of subsection (2)
 6029  of section 408.033, Florida Statutes, are amended to read:
 6030         408.033 Local and state health planning.—
 6031         (2) FUNDING.—
 6032         (a) The Legislature intends that the cost of local health
 6033  councils be borne by assessments on selected health care
 6034  facilities subject to facility licensure by the Agency for
 6035  Health Care Administration, including abortion clinics, assisted
 6036  living residences facilities, ambulatory surgical centers,
 6037  birthing centers, clinical laboratories except community
 6038  nonprofit blood banks and clinical laboratories operated by
 6039  practitioners for exclusive use regulated under s. 483.035, home
 6040  health agencies, hospices, hospitals, intermediate care
 6041  facilities for the developmentally disabled, nursing homes,
 6042  health care clinics, and multiphasic testing centers and by
 6043  assessments on organizations subject to certification by the
 6044  agency pursuant to chapter 641, part III, including health
 6045  maintenance organizations and prepaid health clinics.
 6046         (b)1. A hospital licensed under chapter 395, a nursing home
 6047  licensed under chapter 400, and an assisted living residence
 6048  facility licensed under chapter 429 shall be assessed an annual
 6049  fee based on number of beds.
 6050         2. All other facilities and organizations listed in
 6051  paragraph (a) shall each be assessed an annual fee of $150.
 6052         3. Facilities operated by the Department of Children and
 6053  Family Services, the Department of Health, or the Department of
 6054  Corrections and any hospital which meets the definition of rural
 6055  hospital pursuant to s. 395.602 are exempt from the assessment
 6056  required in this subsection.
 6057         (c)1. The agency shall, by rule, establish fees for
 6058  hospitals and nursing homes based on an assessment of $2 per
 6059  bed. However, no such facility shall be assessed more than a
 6060  total of $500 under this subsection.
 6061         2. The agency shall, by rule, establish fees for assisted
 6062  living residences facilities based on an assessment of $1 per
 6063  bed. However, no such facility shall be assessed more than a
 6064  total of $150 under this subsection.
 6065         3. The agency shall, by rule, establish an annual fee of
 6066  $150 for all other facilities and organizations listed in
 6067  paragraph (a).
 6068         Section 112. Paragraph (a) of subsection (1), subsection
 6069  (3), and paragraph (a) of subsection (4) of section 409.212,
 6070  Florida Statutes, are amended to read:
 6071         409.212 Optional supplementation.—
 6072         (1) There may be monthly optional supplementation payments,
 6073  made in such amount as determined by the department, to any
 6074  person who:
 6075         (a) Meets all the program eligibility criteria for an
 6076  assisted living residence facility or for adult foster care,
 6077  family placement, or other specialized living arrangement; and
 6078         (3) Assisted living residences facilities, adult family
 6079  care homes, family placement, or any other specialized living
 6080  arrangement accepting residents who receive optional
 6081  supplementation payments must comply with the requirements of 42
 6082  U.S.C. s. 1382e(e).
 6083         (4) In addition to the amount of optional supplementation
 6084  provided by the state, a person may receive additional
 6085  supplementation from third parties to contribute to his or her
 6086  cost of care. Additional supplementation may be provided under
 6087  the following conditions:
 6088         (a) Payments shall be made to the assisted living residence
 6089  facility, or to the operator of an adult family-care home,
 6090  family placement, or other special living arrangement, on behalf
 6091  of the person and not directly to the optional state
 6092  supplementation recipient.
 6093         Section 113. Paragraph (e) of subsection (4) of section
 6094  409.221, Florida Statutes, is amended to read:
 6095         409.221 Consumer-directed care program.—
 6096         (4) CONSUMER-DIRECTED CARE.—
 6097         (e) Services.—Consumers shall use the budget allowance only
 6098  to pay for home and community-based services that meet the
 6099  consumer’s long-term care needs and are a cost-efficient use of
 6100  funds. Such services may include, but are not limited to, the
 6101  following:
 6102         1. Personal care.
 6103         2. Homemaking and chores, including housework, meals,
 6104  shopping, and transportation.
 6105         3. Home modifications and assistive devices which may
 6106  increase the consumer’s independence or make it possible to
 6107  avoid institutional placement.
 6108         4. Assistance in taking self-administered medication.
 6109         5. Day care and respite care services, including those
 6110  provided by nursing home facilities pursuant to s. 400.141(1)(f)
 6111  or by adult day care facilities licensed pursuant to s. 429.907.
 6112         6. Personal care and support services provided in an
 6113  assisted living residence facility.
 6114         Section 114. Subsection (25) of section 409.906, Florida
 6115  Statutes, is amended to read:
 6116         409.906 Optional Medicaid services.—Subject to specific
 6117  appropriations, the agency may make payments for services which
 6118  are optional to the state under Title XIX of the Social Security
 6119  Act and are furnished by Medicaid providers to recipients who
 6120  are determined to be eligible on the dates on which the services
 6121  were provided. Any optional service that is provided shall be
 6122  provided only when medically necessary and in accordance with
 6123  state and federal law. Optional services rendered by providers
 6124  in mobile units to Medicaid recipients may be restricted or
 6125  prohibited by the agency. Nothing in this section shall be
 6126  construed to prevent or limit the agency from adjusting fees,
 6127  reimbursement rates, lengths of stay, number of visits, or
 6128  number of services, or making any other adjustments necessary to
 6129  comply with the availability of moneys and any limitations or
 6130  directions provided for in the General Appropriations Act or
 6131  chapter 216. If necessary to safeguard the state’s systems of
 6132  providing services to elderly and disabled persons and subject
 6133  to the notice and review provisions of s. 216.177, the Governor
 6134  may direct the Agency for Health Care Administration to amend
 6135  the Medicaid state plan to delete the optional Medicaid service
 6136  known as “Intermediate Care Facilities for the Developmentally
 6137  Disabled.” Optional services may include:
 6138         (25) ASSISTIVE-CARE SERVICES.—The agency may pay for
 6139  assistive-care services provided to recipients with functional
 6140  or cognitive impairments residing in assisted living residences
 6141  facilities, adult family-care homes, or residential treatment
 6142  facilities. These services may include health support,
 6143  assistance with the activities of daily living and the
 6144  instrumental acts of daily living, assistance with medication
 6145  administration, and arrangements for health care.
 6146         Section 115. Subsection (7) and paragraph (a) of subsection
 6147  (8) of section 409.907, Florida Statutes, are amended to read:
 6148         409.907 Medicaid provider agreements.—The agency may make
 6149  payments for medical assistance and related services rendered to
 6150  Medicaid recipients only to an individual or entity who has a
 6151  provider agreement in effect with the agency, who is performing
 6152  services or supplying goods in accordance with federal, state,
 6153  and local law, and who agrees that no person shall, on the
 6154  grounds of handicap, race, color, or national origin, or for any
 6155  other reason, be subjected to discrimination under any program
 6156  or activity for which the provider receives payment from the
 6157  agency.
 6158         (7) The agency may require, as a condition of participating
 6159  in the Medicaid program and before entering into the provider
 6160  agreement, that the provider submit information, in an initial
 6161  and any required renewal applications, concerning the
 6162  professional, business, and personal background of the provider
 6163  and permit an onsite inspection of the provider’s service
 6164  location by agency staff or other personnel designated by the
 6165  agency to perform this function. The agency shall perform a
 6166  random onsite inspection, within 60 days after receipt of a
 6167  fully complete new provider’s application, of the provider’s
 6168  service location prior to making its first payment to the
 6169  provider for Medicaid services to determine the applicant’s
 6170  ability to provide the services that the applicant is proposing
 6171  to provide for Medicaid reimbursement. The agency is not
 6172  required to perform an onsite inspection of a provider or
 6173  program that is licensed by the agency, that provides services
 6174  under waiver programs for home and community-based services, or
 6175  that is licensed as a medical foster home by the Department of
 6176  Children and Family Services. As a continuing condition of
 6177  participation in the Medicaid program, a provider shall
 6178  immediately notify the agency of any current or pending
 6179  bankruptcy filing. Before entering into the provider agreement,
 6180  or as a condition of continuing participation in the Medicaid
 6181  program, the agency may also require that Medicaid providers
 6182  reimbursed on a fee-for-services basis or fee schedule basis
 6183  which is not cost-based, post a surety bond not to exceed
 6184  $50,000 or the total amount billed by the provider to the
 6185  program during the current or most recent calendar year,
 6186  whichever is greater. For new providers, the amount of the
 6187  surety bond shall be determined by the agency based on the
 6188  provider’s estimate of its first year’s billing. If the
 6189  provider’s billing during the first year exceeds the bond
 6190  amount, the agency may require the provider to acquire an
 6191  additional bond equal to the actual billing level of the
 6192  provider. A provider’s bond shall not exceed $50,000 if a
 6193  physician or group of physicians licensed under chapter 458,
 6194  chapter 459, or chapter 460 has a 50 percent or greater
 6195  ownership interest in the provider or if the provider is an
 6196  assisted living residence facility licensed under chapter 429.
 6197  The bonds permitted by this section are in addition to the bonds
 6198  referenced in s. 400.179(2)(d). If the provider is a
 6199  corporation, partnership, association, or other entity, the
 6200  agency may require the provider to submit information concerning
 6201  the background of that entity and of any principal of the
 6202  entity, including any partner or shareholder having an ownership
 6203  interest in the entity equal to 5 percent or greater, and any
 6204  treating provider who participates in or intends to participate
 6205  in Medicaid through the entity. The information must include:
 6206         (a) Proof of holding a valid license or operating
 6207  certificate, as applicable, if required by the state or local
 6208  jurisdiction in which the provider is located or if required by
 6209  the Federal Government.
 6210         (b) Information concerning any prior violation, fine,
 6211  suspension, termination, or other administrative action taken
 6212  under the Medicaid laws, rules, or regulations of this state or
 6213  of any other state or the Federal Government; any prior
 6214  violation of the laws, rules, or regulations relating to the
 6215  Medicare program; any prior violation of the rules or
 6216  regulations of any other public or private insurer; and any
 6217  prior violation of the laws, rules, or regulations of any
 6218  regulatory body of this or any other state.
 6219         (c) Full and accurate disclosure of any financial or
 6220  ownership interest that the provider, or any principal, partner,
 6221  or major shareholder thereof, may hold in any other Medicaid
 6222  provider or health care related entity or any other entity that
 6223  is licensed by the state to provide health or residential care
 6224  and treatment to persons.
 6225         (d) If a group provider, identification of all members of
 6226  the group and attestation that all members of the group are
 6227  enrolled in or have applied to enroll in the Medicaid program.
 6228         (8)(a) Each provider, or each principal of the provider if
 6229  the provider is a corporation, partnership, association, or
 6230  other entity, seeking to participate in the Medicaid program
 6231  must submit a complete set of his or her fingerprints to the
 6232  agency for the purpose of conducting a criminal history record
 6233  check. Principals of the provider include any officer, director,
 6234  billing agent, managing employee, or affiliated person, or any
 6235  partner or shareholder who has an ownership interest equal to 5
 6236  percent or more in the provider. However, a director of a not
 6237  for-profit corporation or organization is not a principal for
 6238  purposes of a background investigation as required by this
 6239  section if the director: serves solely in a voluntary capacity
 6240  for the corporation or organization, does not regularly take
 6241  part in the day-to-day operational decisions of the corporation
 6242  or organization, receives no remuneration from the not-for
 6243  profit corporation or organization for his or her service on the
 6244  board of directors, has no financial interest in the not-for
 6245  profit corporation or organization, and has no family members
 6246  with a financial interest in the not-for-profit corporation or
 6247  organization; and if the director submits an affidavit, under
 6248  penalty of perjury, to this effect to the agency and the not
 6249  for-profit corporation or organization submits an affidavit,
 6250  under penalty of perjury, to this effect to the agency as part
 6251  of the corporation’s or organization’s Medicaid provider
 6252  agreement application. Notwithstanding the above, the agency may
 6253  require a background check for any person reasonably suspected
 6254  by the agency to have been convicted of a crime. This subsection
 6255  does not apply to:
 6256         1. A hospital licensed under chapter 395;
 6257         2. A nursing home licensed under chapter 400;
 6258         3. A hospice licensed under chapter 400;
 6259         4. An assisted living residence facility licensed under
 6260  chapter 429;
 6261         5. A unit of local government, except that requirements of
 6262  this subsection apply to nongovernmental providers and entities
 6263  contracting with the local government to provide Medicaid
 6264  services. The actual cost of the state and national criminal
 6265  history record checks must be borne by the nongovernmental
 6266  provider or entity; or
 6267         6. Any business that derives more than 50 percent of its
 6268  revenue from the sale of goods to the final consumer, and the
 6269  business or its controlling parent is required to file a form
 6270  10-K or other similar statement with the Securities and Exchange
 6271  Commission or has a net worth of $50 million or more.
 6272         Section 116. Paragraph (b) of subsection (4) and subsection
 6273  (36) of section 409.912, Florida Statutes, are amended to read:
 6274         409.912 Cost-effective purchasing of health care.—The
 6275  agency shall purchase goods and services for Medicaid recipients
 6276  in the most cost-effective manner consistent with the delivery
 6277  of quality medical care. To ensure that medical services are
 6278  effectively utilized, the agency may, in any case, require a
 6279  confirmation or second physician’s opinion of the correct
 6280  diagnosis for purposes of authorizing future services under the
 6281  Medicaid program. This section does not restrict access to
 6282  emergency services or poststabilization care services as defined
 6283  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 6284  shall be rendered in a manner approved by the agency. The agency
 6285  shall maximize the use of prepaid per capita and prepaid
 6286  aggregate fixed-sum basis services when appropriate and other
 6287  alternative service delivery and reimbursement methodologies,
 6288  including competitive bidding pursuant to s. 287.057, designed
 6289  to facilitate the cost-effective purchase of a case-managed
 6290  continuum of care. The agency shall also require providers to
 6291  minimize the exposure of recipients to the need for acute
 6292  inpatient, custodial, and other institutional care and the
 6293  inappropriate or unnecessary use of high-cost services. The
 6294  agency shall contract with a vendor to monitor and evaluate the
 6295  clinical practice patterns of providers in order to identify
 6296  trends that are outside the normal practice patterns of a
 6297  provider’s professional peers or the national guidelines of a
 6298  provider’s professional association. The vendor must be able to
 6299  provide information and counseling to a provider whose practice
 6300  patterns are outside the norms, in consultation with the agency,
 6301  to improve patient care and reduce inappropriate utilization.
 6302  The agency may mandate prior authorization, drug therapy
 6303  management, or disease management participation for certain
 6304  populations of Medicaid beneficiaries, certain drug classes, or
 6305  particular drugs to prevent fraud, abuse, overuse, and possible
 6306  dangerous drug interactions. The Pharmaceutical and Therapeutics
 6307  Committee shall make recommendations to the agency on drugs for
 6308  which prior authorization is required. The agency shall inform
 6309  the Pharmaceutical and Therapeutics Committee of its decisions
 6310  regarding drugs subject to prior authorization. The agency is
 6311  authorized to limit the entities it contracts with or enrolls as
 6312  Medicaid providers by developing a provider network through
 6313  provider credentialing. The agency may competitively bid single
 6314  source-provider contracts if procurement of goods or services
 6315  results in demonstrated cost savings to the state without
 6316  limiting access to care. The agency may limit its network based
 6317  on the assessment of beneficiary access to care, provider
 6318  availability, provider quality standards, time and distance
 6319  standards for access to care, the cultural competence of the
 6320  provider network, demographic characteristics of Medicaid
 6321  beneficiaries, practice and provider-to-beneficiary standards,
 6322  appointment wait times, beneficiary use of services, provider
 6323  turnover, provider profiling, provider licensure history,
 6324  previous program integrity investigations and findings, peer
 6325  review, provider Medicaid policy and billing compliance records,
 6326  clinical and medical record audits, and other factors. Providers
 6327  shall not be entitled to enrollment in the Medicaid provider
 6328  network. The agency shall determine instances in which allowing
 6329  Medicaid beneficiaries to purchase durable medical equipment and
 6330  other goods is less expensive to the Medicaid program than long
 6331  term rental of the equipment or goods. The agency may establish
 6332  rules to facilitate purchases in lieu of long-term rentals in
 6333  order to protect against fraud and abuse in the Medicaid program
 6334  as defined in s. 409.913. The agency may seek federal waivers
 6335  necessary to administer these policies.
 6336         (4) The agency may contract with:
 6337         (b) An entity that is providing comprehensive behavioral
 6338  health care services to certain Medicaid recipients through a
 6339  capitated, prepaid arrangement pursuant to the federal waiver
 6340  provided for by s. 409.905(5). Such entity must be licensed
 6341  under chapter 624, chapter 636, or chapter 641, or authorized
 6342  under paragraph (c) or paragraph (d), and must possess the
 6343  clinical systems and operational competence to manage risk and
 6344  provide comprehensive behavioral health care to Medicaid
 6345  recipients. As used in this paragraph, the term “comprehensive
 6346  behavioral health care services” means covered mental health and
 6347  substance abuse treatment services that are available to
 6348  Medicaid recipients. The secretary of the Department of Children
 6349  and Family Services shall approve provisions of procurements
 6350  related to children in the department’s care or custody before
 6351  enrolling such children in a prepaid behavioral health plan. Any
 6352  contract awarded under this paragraph must be competitively
 6353  procured. In developing the behavioral health care prepaid plan
 6354  procurement document, the agency shall ensure that the
 6355  procurement document requires the contractor to develop and
 6356  implement a plan to ensure compliance with s. 394.4574 related
 6357  to services provided to residents of licensed assisted living
 6358  residences facilities that hold a limited mental health license.
 6359  Except as provided in subparagraph 8., and except in counties
 6360  where the Medicaid managed care pilot program is authorized
 6361  pursuant to s. 409.91211, the agency shall seek federal approval
 6362  to contract with a single entity meeting these requirements to
 6363  provide comprehensive behavioral health care services to all
 6364  Medicaid recipients not enrolled in a Medicaid managed care plan
 6365  authorized under s. 409.91211, a provider service network
 6366  authorized under paragraph (d), or a Medicaid health maintenance
 6367  organization in an AHCA area. In an AHCA area where the Medicaid
 6368  managed care pilot program is authorized pursuant to s.
 6369  409.91211 in one or more counties, the agency may procure a
 6370  contract with a single entity to serve the remaining counties as
 6371  an AHCA area or the remaining counties may be included with an
 6372  adjacent AHCA area and are subject to this paragraph. Each
 6373  entity must offer a sufficient choice of providers in its
 6374  network to ensure recipient access to care and the opportunity
 6375  to select a provider with whom they are satisfied. The network
 6376  shall include all public mental health hospitals. To ensure
 6377  unimpaired access to behavioral health care services by Medicaid
 6378  recipients, all contracts issued pursuant to this paragraph must
 6379  require 80 percent of the capitation paid to the managed care
 6380  plan, including health maintenance organizations and capitated
 6381  provider service networks, to be expended for the provision of
 6382  behavioral health care services. If the managed care plan
 6383  expends less than 80 percent of the capitation paid for the
 6384  provision of behavioral health care services, the difference
 6385  shall be returned to the agency. The agency shall provide the
 6386  plan with a certification letter indicating the amount of
 6387  capitation paid during each calendar year for behavioral health
 6388  care services pursuant to this section. The agency may reimburse
 6389  for substance abuse treatment services on a fee-for-service
 6390  basis until the agency finds that adequate funds are available
 6391  for capitated, prepaid arrangements.
 6392         1. By January 1, 2001, the agency shall modify the
 6393  contracts with the entities providing comprehensive inpatient
 6394  and outpatient mental health care services to Medicaid
 6395  recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
 6396  Counties, to include substance abuse treatment services.
 6397         2. By July 1, 2003, the agency and the Department of
 6398  Children and Family Services shall execute a written agreement
 6399  that requires collaboration and joint development of all policy,
 6400  budgets, procurement documents, contracts, and monitoring plans
 6401  that have an impact on the state and Medicaid community mental
 6402  health and targeted case management programs.
 6403         3. Except as provided in subparagraph 8., by July 1, 2006,
 6404  the agency and the Department of Children and Family Services
 6405  shall contract with managed care entities in each AHCA area
 6406  except area 6 or arrange to provide comprehensive inpatient and
 6407  outpatient mental health and substance abuse services through
 6408  capitated prepaid arrangements to all Medicaid recipients who
 6409  are eligible to participate in such plans under federal law and
 6410  regulation. In AHCA areas where eligible individuals number less
 6411  than 150,000, the agency shall contract with a single managed
 6412  care plan to provide comprehensive behavioral health services to
 6413  all recipients who are not enrolled in a Medicaid health
 6414  maintenance organization, a provider service network authorized
 6415  under paragraph (d), or a Medicaid capitated managed care plan
 6416  authorized under s. 409.91211. The agency may contract with more
 6417  than one comprehensive behavioral health provider to provide
 6418  care to recipients who are not enrolled in a Medicaid capitated
 6419  managed care plan authorized under s. 409.91211, a provider
 6420  service network authorized under paragraph (d), or a Medicaid
 6421  health maintenance organization in AHCA areas where the eligible
 6422  population exceeds 150,000. In an AHCA area where the Medicaid
 6423  managed care pilot program is authorized pursuant to s.
 6424  409.91211 in one or more counties, the agency may procure a
 6425  contract with a single entity to serve the remaining counties as
 6426  an AHCA area or the remaining counties may be included with an
 6427  adjacent AHCA area and shall be subject to this paragraph.
 6428  Contracts for comprehensive behavioral health providers awarded
 6429  pursuant to this section shall be competitively procured. Both
 6430  for-profit and not-for-profit corporations are eligible to
 6431  compete. Managed care plans contracting with the agency under
 6432  subsection (3) or paragraph (d), shall provide and receive
 6433  payment for the same comprehensive behavioral health benefits as
 6434  provided in AHCA rules, including handbooks incorporated by
 6435  reference. In AHCA area 11, the agency shall contract with at
 6436  least two comprehensive behavioral health care providers to
 6437  provide behavioral health care to recipients in that area who
 6438  are enrolled in, or assigned to, the MediPass program. One of
 6439  the behavioral health care contracts must be with the existing
 6440  provider service network pilot project, as described in
 6441  paragraph (d), for the purpose of demonstrating the cost
 6442  effectiveness of the provision of quality mental health services
 6443  through a public hospital-operated managed care model. Payment
 6444  shall be at an agreed-upon capitated rate to ensure cost
 6445  savings. Of the recipients in area 11 who are assigned to
 6446  MediPass under s. 409.9122(2)(k), a minimum of 50,000 of those
 6447  MediPass-enrolled recipients shall be assigned to the existing
 6448  provider service network in area 11 for their behavioral care.
 6449         4. By October 1, 2003, the agency and the department shall
 6450  submit a plan to the Governor, the President of the Senate, and
 6451  the Speaker of the House of Representatives which provides for
 6452  the full implementation of capitated prepaid behavioral health
 6453  care in all areas of the state.
 6454         a. Implementation shall begin in 2003 in those AHCA areas
 6455  of the state where the agency is able to establish sufficient
 6456  capitation rates.
 6457         b. If the agency determines that the proposed capitation
 6458  rate in any area is insufficient to provide appropriate
 6459  services, the agency may adjust the capitation rate to ensure
 6460  that care will be available. The agency and the department may
 6461  use existing general revenue to address any additional required
 6462  match but may not over-obligate existing funds on an annualized
 6463  basis.
 6464         c. Subject to any limitations provided in the General
 6465  Appropriations Act, the agency, in compliance with appropriate
 6466  federal authorization, shall develop policies and procedures
 6467  that allow for certification of local and state funds.
 6468         5. Children residing in a statewide inpatient psychiatric
 6469  program, or in a Department of Juvenile Justice or a Department
 6470  of Children and Family Services residential program approved as
 6471  a Medicaid behavioral health overlay services provider may not
 6472  be included in a behavioral health care prepaid health plan or
 6473  any other Medicaid managed care plan pursuant to this paragraph.
 6474         6. In converting to a prepaid system of delivery, the
 6475  agency shall in its procurement document require an entity
 6476  providing only comprehensive behavioral health care services to
 6477  prevent the displacement of indigent care patients by enrollees
 6478  in the Medicaid prepaid health plan providing behavioral health
 6479  care services from facilities receiving state funding to provide
 6480  indigent behavioral health care, to facilities licensed under
 6481  chapter 395 which do not receive state funding for indigent
 6482  behavioral health care, or reimburse the unsubsidized facility
 6483  for the cost of behavioral health care provided to the displaced
 6484  indigent care patient.
 6485         7. Traditional community mental health providers under
 6486  contract with the Department of Children and Family Services
 6487  pursuant to part IV of chapter 394, child welfare providers
 6488  under contract with the Department of Children and Family
 6489  Services in areas 1 and 6, and inpatient mental health providers
 6490  licensed pursuant to chapter 395 must be offered an opportunity
 6491  to accept or decline a contract to participate in any provider
 6492  network for prepaid behavioral health services.
 6493         8. All Medicaid-eligible children, except children in area
 6494  1 and children in Highlands County, Hardee County, Polk County,
 6495  or Manatee County of area 6, that are open for child welfare
 6496  services in the HomeSafeNet system, shall receive their
 6497  behavioral health care services through a specialty prepaid plan
 6498  operated by community-based lead agencies through a single
 6499  agency or formal agreements among several agencies. The
 6500  specialty prepaid plan must result in savings to the state
 6501  comparable to savings achieved in other Medicaid managed care
 6502  and prepaid programs. Such plan must provide mechanisms to
 6503  maximize state and local revenues. The specialty prepaid plan
 6504  shall be developed by the agency and the Department of Children
 6505  and Family Services. The agency may seek federal waivers to
 6506  implement this initiative. Medicaid-eligible children whose
 6507  cases are open for child welfare services in the HomeSafeNet
 6508  system and who reside in AHCA area 10 are exempt from the
 6509  specialty prepaid plan upon the development of a service
 6510  delivery mechanism for children who reside in area 10 as
 6511  specified in s. 409.91211(3)(dd).
 6512         (36) Any entity that provides Medicaid prepaid health plan
 6513  services shall ensure the appropriate coordination of health
 6514  care services with an assisted living residence facility in
 6515  cases where a Medicaid recipient is both a member of the
 6516  entity’s prepaid health plan and a resident of the assisted
 6517  living residence facility. If the entity is at risk for Medicaid
 6518  targeted case management and behavioral health services, the
 6519  entity shall inform the assisted living residence facility of
 6520  the procedures to follow should an emergent condition arise.
 6521         Section 117. Section 410.031, Florida Statutes, is amended
 6522  to read:
 6523         410.031 Legislative intent.—It is the intent of the
 6524  Legislature to encourage the provision of care for disabled
 6525  adults in family-type living arrangements in private homes as an
 6526  alternative to institutional or nursing home care for such
 6527  persons. The provisions of ss. 410.031-410.036 are intended to
 6528  be supplemental to the provisions of chapters 400 and 429,
 6529  relating to the licensing and regulation of nursing homes and
 6530  assisted living residences facilities, and do not exempt any
 6531  person who is otherwise subject to regulation under chapter 400
 6532  or chapter 429.
 6533         Section 118. Section 410.034, Florida Statutes, is amended
 6534  to read:
 6535         410.034 Department determination of fitness to provide home
 6536  care.—In accordance with s. 429.02, a person caring for an adult
 6537  who is related to such person by blood or marriage is not
 6538  subject to the Assisted Living Residences Facilities Act. If,
 6539  however, the person who plans to provide home care under this
 6540  act is found by the department to be unable to provide this
 6541  care, the department shall notify the person wishing to provide
 6542  home care of this determination, and the person shall not be
 6543  eligible for subsidy payments under ss. 410.031-410.036.
 6544         Section 119. Paragraph (b) of subsection (3) of section
 6545  410.502, Florida Statutes, is amended to read:
 6546         410.502 Housing and living arrangements; special needs of
 6547  the elderly; services.—The Department of Elderly Affairs shall
 6548  provide services related to housing and living arrangements
 6549  which meet the special needs of the elderly. Such services shall
 6550  include, but not be limited to:
 6551         (3) Promoting, through the Department of Elderly Affairs
 6552  staff activities and area agencies on aging, the development of
 6553  a variety of living arrangements through public and private
 6554  auspices to meet the various needs and desires of the elderly,
 6555  including, but not limited to:
 6556         (b) Assisted living residence facilities.
 6557  
 6558  Demonstration projects must be used advisedly to test the extent
 6559  to which these and other innovative housing and living
 6560  arrangements do meet the basic and special needs of the elderly.
 6561         Section 120. Subsection (9) of section 415.102, Florida
 6562  Statutes, is amended to read:
 6563         415.102 Definitions of terms used in ss. 415.101-415.113.
 6564  As used in ss. 415.101-415.113, the term:
 6565         (9) “Facility” means any location providing day or
 6566  residential care or treatment for vulnerable adults. The term
 6567  “facility” may include, but is not limited to, any hospital,
 6568  state institution, nursing home, assisted living residence
 6569  facility, adult family-care home, adult day care center,
 6570  residential facility licensed under chapter 393, adult day
 6571  training center, or mental health treatment center.
 6572         Section 121. Paragraph (a) of subsection (1) of section
 6573  415.1034, Florida Statutes, is amended to read:
 6574         415.1034 Mandatory reporting of abuse, neglect, or
 6575  exploitation of vulnerable adults; mandatory reports of death.—
 6576         (1) MANDATORY REPORTING.—
 6577         (a) Any person, including, but not limited to, any:
 6578         1. Physician, osteopathic physician, medical examiner,
 6579  chiropractic physician, nurse, paramedic, emergency medical
 6580  technician, or hospital personnel engaged in the admission,
 6581  examination, care, or treatment of vulnerable adults;
 6582         2. Health professional or mental health professional other
 6583  than one listed in subparagraph 1.;
 6584         3. Practitioner who relies solely on spiritual means for
 6585  healing;
 6586         4. Nursing home staff; assisted living residence facility
 6587  staff; adult day care center staff; adult family-care home
 6588  staff; social worker; or other professional adult care,
 6589  residential, or institutional staff;
 6590         5. State, county, or municipal criminal justice employee or
 6591  law enforcement officer;
 6592         6. An employee of the Department of Business and
 6593  Professional Regulation conducting inspections of public lodging
 6594  establishments under s. 509.032;
 6595         7. Florida advocacy council member or long-term care
 6596  ombudsman council member; or
 6597         8. Bank, savings and loan, or credit union officer,
 6598  trustee, or employee,
 6599  
 6600  who knows, or has reasonable cause to suspect, that a vulnerable
 6601  adult has been or is being abused, neglected, or exploited shall
 6602  immediately report such knowledge or suspicion to the central
 6603  abuse hotline.
 6604         Section 122. Paragraph (b) of subsection (3) of section
 6605  415.1051, Florida Statutes, is amended to read:
 6606         415.1051 Protective services interventions when capacity to
 6607  consent is lacking; nonemergencies; emergencies; orders;
 6608  limitations.—
 6609         (3) PROTECTIVE SERVICES ORDER.—In ordering any protective
 6610  services under this section, the court shall adhere to the
 6611  following limitations:
 6612         (b) Protective services ordered may not include a change of
 6613  residence, unless the court specifically finds such action is
 6614  necessary to ameliorate the conditions creating the abuse,
 6615  neglect, or exploitation and the court gives specific approval
 6616  for such action in the order. Placement may be made to such
 6617  facilities as adult family-care homes, assisted living
 6618  residences facilities, or nursing homes, or to other appropriate
 6619  facilities. Placement may not be made to residences facilities
 6620  for the acutely mentally ill, except as provided in chapter 394.
 6621         Section 123. Paragraph (a) of subsection (3) of section
 6622  415.107, Florida Statutes, is amended to read:
 6623         415.107 Confidentiality of reports and records.—
 6624         (3) Access to all records, excluding the name of the
 6625  reporter which shall be released only as provided in subsection
 6626  (6), shall be granted only to the following persons, officials,
 6627  and agencies:
 6628         (a) Employees or agents of the department, the Agency for
 6629  Persons with Disabilities, the Agency for Health Care
 6630  Administration, or the Department of Elderly Affairs who are
 6631  responsible for carrying out protective investigations, ongoing
 6632  protective services, or licensure or approval of nursing homes,
 6633  assisted living residences facilities, adult day care centers,
 6634  adult family-care homes, home care for the elderly, hospices,
 6635  residential facilities licensed under chapter 393, or other
 6636  facilities used for the placement of vulnerable adults.
 6637         Section 124. Subsection (2) of section 420.626, Florida
 6638  Statutes, is amended to read:
 6639         420.626 Homelessness; discharge guidelines.—
 6640         (2) The following facilities and institutions are
 6641  encouraged to develop and implement procedures designed to
 6642  reduce the discharge of persons into homelessness when such
 6643  persons are admitted or housed for more than 24 hours at such
 6644  facilities or institutions: hospitals and inpatient medical
 6645  facilities; crisis stabilization units; residential treatment
 6646  facilities; assisted living residences facilities; and
 6647  detoxification centers.
 6648         Section 125. Paragraph (b) of subsection (4) of section
 6649  430.071, Florida Statutes, is amended to read:
 6650         430.071 Respite for elders living in everyday families.—
 6651         (4) To receive assistance from the RELIEF program, the
 6652  family unit must be assessed according to the following
 6653  guidelines developed by the department to determine the need for
 6654  respite services. This assessment must determine, at a minimum,
 6655  that:
 6656         (b) The homebound elderly individual for whom the family
 6657  unit is caring is 60 years of age or older, requires assistance
 6658  to remain in the home, and, without this assistance, would need
 6659  to move to an assisted living residence facility or a nursing
 6660  facility.
 6661         Section 126. Section 430.601, Florida Statutes, is amended
 6662  to read:
 6663         430.601 Home care for the elderly; legislative intent.—It
 6664  is the intent of the Legislature to encourage the provision of
 6665  care for the elderly in family-type living arrangements in
 6666  private homes as an alternative to institutional or nursing home
 6667  care for such persons. The provisions of ss. 430.601-430.606 are
 6668  intended to be supplemental to the provisions of chapters 400
 6669  and 429, relating to the licensing and regulation of nursing
 6670  homes and assisted living residences facilities, and do not
 6671  exempt any person who is otherwise subject to regulation under
 6672  those chapters.
 6673         Section 127. Paragraph (o) of subsection (3) of section
 6674  456.053, Florida Statutes, is amended to read:
 6675         456.053 Financial arrangements between referring health
 6676  care providers and providers of health care services.—
 6677         (3) DEFINITIONS.—For the purpose of this section, the word,
 6678  phrase, or term:
 6679         (o) “Referral” means any referral of a patient by a health
 6680  care provider for health care services, including, without
 6681  limitation:
 6682         1. The forwarding of a patient by a health care provider to
 6683  another health care provider or to an entity which provides or
 6684  supplies designated health services or any other health care
 6685  item or service.; or
 6686         2. The request or establishment of a plan of care by a
 6687  health care provider, which includes the provision of designated
 6688  health services or other health care item or service.
 6689         3. The following orders, recommendations, or plans of care
 6690  shall not constitute a referral by a health care provider:
 6691         a. By a radiologist for diagnostic-imaging services.
 6692         b. By a physician specializing in the provision of
 6693  radiation therapy services for such services.
 6694         c. By a medical oncologist for drugs and solutions to be
 6695  prepared and administered intravenously to such oncologist’s
 6696  patient, as well as for the supplies and equipment used in
 6697  connection therewith to treat such patient for cancer and the
 6698  complications thereof.
 6699         d. By a cardiologist for cardiac catheterization services.
 6700         e. By a pathologist for diagnostic clinical laboratory
 6701  tests and pathological examination services, if furnished by or
 6702  under the supervision of such pathologist pursuant to a
 6703  consultation requested by another physician.
 6704         f. By a health care provider who is the sole provider or
 6705  member of a group practice for designated health services or
 6706  other health care items or services that are prescribed or
 6707  provided solely for such referring health care provider’s or
 6708  group practice’s own patients, and that are provided or
 6709  performed by or under the direct supervision of such referring
 6710  health care provider or group practice; provided, however, that
 6711  effective July 1, 1999, a physician licensed pursuant to chapter
 6712  458, chapter 459, chapter 460, or chapter 461 may refer a
 6713  patient to a sole provider or group practice for diagnostic
 6714  imaging services, excluding radiation therapy services, for
 6715  which the sole provider or group practice billed both the
 6716  technical and the professional fee for or on behalf of the
 6717  patient, if the referring physician has no investment interest
 6718  in the practice. The diagnostic imaging service referred to a
 6719  group practice or sole provider must be a diagnostic imaging
 6720  service normally provided within the scope of practice to the
 6721  patients of the group practice or sole provider. The group
 6722  practice or sole provider may accept no more than 15 percent of
 6723  their patients receiving diagnostic imaging services from
 6724  outside referrals, excluding radiation therapy services.
 6725         g. By a health care provider for services provided by an
 6726  ambulatory surgical center licensed under chapter 395.
 6727         h. By a urologist for lithotripsy services.
 6728         i. By a dentist for dental services performed by an
 6729  employee of or health care provider who is an independent
 6730  contractor with the dentist or group practice of which the
 6731  dentist is a member.
 6732         j. By a physician for infusion therapy services to a
 6733  patient of that physician or a member of that physician’s group
 6734  practice.
 6735         k. By a nephrologist for renal dialysis services and
 6736  supplies, except laboratory services.
 6737         l. By a health care provider whose principal professional
 6738  practice consists of treating patients in their private
 6739  residences for services to be rendered in such private
 6740  residences, except for services rendered by a home health agency
 6741  licensed under chapter 400. For purposes of this sub
 6742  subparagraph, the term “private residences” includes patients’
 6743  private homes, independent living centers, and assisted living
 6744  residences facilities, but does not include skilled nursing
 6745  facilities.
 6746         m. By a health care provider for sleep-related testing.
 6747         Section 128. Paragraph (e) of subsection (4) of section
 6748  458.348, Florida Statutes, is amended to read:
 6749         458.348 Formal supervisory relationships, standing orders,
 6750  and established protocols; notice; standards.—
 6751         (4) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE SETTINGS.—A
 6752  physician who supervises an advanced registered nurse
 6753  practitioner or physician assistant at a medical office other
 6754  than the physician’s primary practice location, where the
 6755  advanced registered nurse practitioner or physician assistant is
 6756  not under the onsite supervision of a supervising physician,
 6757  must comply with the standards set forth in this subsection. For
 6758  the purpose of this subsection, a physician’s “primary practice
 6759  location” means the address reflected on the physician’s profile
 6760  published pursuant to s. 456.041.
 6761         (e) This subsection does not apply to health care services
 6762  provided in residences facilities licensed under chapter 395 or
 6763  in conjunction with a college of medicine, a college of nursing,
 6764  an accredited graduate medical program, or a nursing education
 6765  program; not-for-profit, family-planning clinics that are not
 6766  licensed pursuant to chapter 390; rural and federally qualified
 6767  health centers; health care services provided in a nursing home
 6768  licensed under part II of chapter 400, an assisted living
 6769  residence facility licensed under part I of chapter 429, a
 6770  continuing care residence facility licensed under chapter 651,
 6771  or a retirement community consisting of independent living units
 6772  and a licensed nursing home or assisted living residence
 6773  facility; anesthesia services provided in accordance with law;
 6774  health care services provided in a designated rural health
 6775  clinic; health care services provided to persons enrolled in a
 6776  program designed to maintain elderly persons and persons with
 6777  disabilities in a home or community-based setting; university
 6778  primary care student health centers; school health clinics; or
 6779  health care services provided in federal, state, or local
 6780  government facilities. Subsection (3) and this subsection do not
 6781  apply to offices at which the exclusive service being performed
 6782  is laser hair removal by an advanced registered nurse
 6783  practitioner or physician assistant.
 6784         Section 129. Paragraph (e) of subsection (3) of section
 6785  459.025, Florida Statutes, is amended to read:
 6786         459.025 Formal supervisory relationships, standing orders,
 6787  and established protocols; notice; standards.—
 6788         (3) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE SETTINGS.
 6789  An osteopathic physician who supervises an advanced registered
 6790  nurse practitioner or physician assistant at a medical office
 6791  other than the osteopathic physician’s primary practice
 6792  location, where the advanced registered nurse practitioner or
 6793  physician assistant is not under the onsite supervision of a
 6794  supervising osteopathic physician, must comply with the
 6795  standards set forth in this subsection. For the purpose of this
 6796  subsection, an osteopathic physician’s “primary practice
 6797  location” means the address reflected on the physician’s profile
 6798  published pursuant to s. 456.041.
 6799         (e) This subsection does not apply to health care services
 6800  provided in residences facilities licensed under chapter 395 or
 6801  in conjunction with a college of medicine or college of nursing
 6802  or an accredited graduate medical or nursing education program;
 6803  offices where the only service being performed is hair removal
 6804  by an advanced registered nurse practitioner or physician
 6805  assistant; not-for-profit, family-planning clinics that are not
 6806  licensed pursuant to chapter 390; rural and federally qualified
 6807  health centers; health care services provided in a nursing home
 6808  licensed under part II of chapter 400, an assisted living
 6809  residence facility licensed under part I of chapter 429, a
 6810  continuing care facility licensed under chapter 651, or a
 6811  retirement community consisting of independent living units and
 6812  either a licensed nursing home or assisted living residence
 6813  facility; anesthesia services provided in accordance with law;
 6814  health care services provided in a designated rural health
 6815  clinic; health care services provided to persons enrolled in a
 6816  program designed to maintain elderly persons and persons with
 6817  disabilities in a home or community-based setting; university
 6818  primary care student health centers; school health clinics; or
 6819  health care services provided in federal, state, or local
 6820  government facilities.
 6821         Section 130. Paragraph (b) of subsection (2) of section
 6822  468.1695, Florida Statutes, is amended to read:
 6823         468.1695 Licensure by examination.—
 6824         (2) The department shall examine each applicant who the
 6825  board certifies has completed the application form and remitted
 6826  an examination fee set by the board not to exceed $250 and who:
 6827         (b)1. Holds a baccalaureate degree from an accredited
 6828  college or university; and
 6829         2.a. Has fulfilled the requirements of a 2,000-hour nursing
 6830  home administrator-in-training program prescribed by the board;
 6831  or
 6832         b. Has 1 year of management experience allowing for the
 6833  application of executive duties and skills, including the
 6834  staffing, budgeting, and directing of resident care, dietary,
 6835  and bookkeeping departments within a skilled nursing facility,
 6836  hospital, hospice, assisted living residence facility with a
 6837  minimum of 60 licensed beds, or geriatric residential treatment
 6838  program and, if such experience is not in a skilled nursing
 6839  facility, has fulfilled the requirements of a 1,000-hour nursing
 6840  home administrator-in-training program prescribed by the board.
 6841         Section 131. Paragraph (k) of subsection (1) of section
 6842  468.505, Florida Statutes, is amended to read:
 6843         468.505 Exemptions; exceptions.—
 6844         (1) Nothing in this part may be construed as prohibiting or
 6845  restricting the practice, services, or activities of:
 6846         (k) A person employed by a hospital licensed under chapter
 6847  395, by a nursing home licensed under part II of chapter 400, by
 6848  an assisted living residence facility licensed under chapter
 6849  429, or by a continuing care facility certified under chapter
 6850  651, if the person is employed in compliance with the laws and
 6851  rules adopted thereunder regarding the operation of its dietetic
 6852  department.
 6853         Section 132. Subsection (2) of section 553.73, Florida
 6854  Statutes, is amended to read:
 6855         553.73 Florida Building Code.—
 6856         (2) The Florida Building Code shall contain provisions or
 6857  requirements for public and private buildings, structures, and
 6858  facilities relative to structural, mechanical, electrical,
 6859  plumbing, energy, and gas systems, existing buildings,
 6860  historical buildings, manufactured buildings, elevators, coastal
 6861  construction, lodging facilities, food sales and food service
 6862  facilities, health care facilities, including assisted living
 6863  residences facilities, adult day care facilities, hospice
 6864  residential and inpatient facilities and units, and facilities
 6865  for the control of radiation hazards, public or private
 6866  educational facilities, swimming pools, and correctional
 6867  facilities and enforcement of and compliance with such
 6868  provisions or requirements. Further, the Florida Building Code
 6869  must provide for uniform implementation of ss. 515.25, 515.27,
 6870  and 515.29 by including standards and criteria for residential
 6871  swimming pool barriers, pool covers, latching devices, door and
 6872  window exit alarms, and other equipment required therein, which
 6873  are consistent with the intent of s. 515.23. Technical
 6874  provisions to be contained within the Florida Building Code are
 6875  restricted to requirements related to the types of materials
 6876  used and construction methods and standards employed in order to
 6877  meet criteria specified in the Florida Building Code. Provisions
 6878  relating to the personnel, supervision or training of personnel,
 6879  or any other professional qualification requirements relating to
 6880  contractors or their workforce may not be included within the
 6881  Florida Building Code, and subsections (4), (6), (7), (8), and
 6882  (9) are not to be construed to allow the inclusion of such
 6883  provisions within the Florida Building Code by amendment. This
 6884  restriction applies to both initial development and amendment of
 6885  the Florida Building Code.
 6886         Section 133. Subsection (3) of section 627.94073, Florida
 6887  Statutes, is amended to read:
 6888         627.94073 Notice of cancellation; grace period.—
 6889         (3) If a policy is canceled due to nonpayment of premium,
 6890  the policyholder is entitled to have the policy reinstated if,
 6891  within a period of not less than 5 months after the date of
 6892  cancellation, the policyholder or any secondary addressee
 6893  designated pursuant to subsection (2) demonstrates that the
 6894  failure to pay the premium when due was unintentional and due to
 6895  the policyholder’s cognitive impairment, loss of functional
 6896  capacity, or continuous confinement in a hospital, skilled
 6897  nursing facility, or assisted living residence facility for a
 6898  period in excess of 60 days. Policy reinstatement shall be
 6899  subject to payment of overdue premiums. The standard of proof of
 6900  cognitive impairment or loss of functional capacity shall not be
 6901  more stringent than the benefit eligibility criteria for
 6902  cognitive impairment or the loss of functional capacity, if any,
 6903  contained in the policy and certificate. The insurer may require
 6904  payment of an interest charge not in excess of 8 percent per
 6905  year for the number of days elapsing before the payment of the
 6906  premium, during which period the policy shall continue in force
 6907  if the demonstration of cognitive impairment is made. If the
 6908  policy becomes a claim during the 180-day period before the
 6909  overdue premium is paid, the amount of the premium or premiums
 6910  with interest not in excess of 8 percent per year may be
 6911  deducted in any settlement under the policy.
 6912         Section 134. Paragraph (d) of subsection (5) of section
 6913  633.021, Florida Statutes, is amended to read:
 6914         633.021 Definitions.—As used in this chapter:
 6915         (5)
 6916         (d) “Contractor IV” means a contractor whose business is
 6917  limited to the execution of contracts requiring the ability to
 6918  lay out, fabricate, install, inspect, alter, repair, and service
 6919  automatic fire sprinkler systems for detached one-family
 6920  dwellings, detached two-family dwellings, and mobile homes,
 6921  excluding preengineered systems and excluding single-family
 6922  homes in cluster units, such as apartments, condominiums, and
 6923  assisted living residences facilities or any building that is
 6924  connected to other dwellings.
 6925  
 6926  The definitions in this subsection must not be construed to
 6927  include fire protection engineers or architects and do not limit
 6928  or prohibit a licensed fire protection engineer or architect
 6929  from designing any type of fire protection system. A distinction
 6930  is made between system design concepts prepared by the design
 6931  professional and system layout as defined in this section and
 6932  typically prepared by the contractor. However, persons certified
 6933  as a Contractor I, Contractor II, or Contractor IV under this
 6934  chapter may design fire protection systems of 49 or fewer
 6935  sprinklers, and may design the alteration of an existing fire
 6936  sprinkler system if the alteration consists of the relocation,
 6937  addition, or deletion of not more than 49 sprinklers,
 6938  notwithstanding the size of the existing fire sprinkler system.
 6939  A Contractor I, Contractor II, or Contractor IV may design a
 6940  fire protection system the scope of which complies with NFPA
 6941  13D, Standard for the Installation of Sprinkler Systems in One-
 6942  and Two-Family Dwellings and Manufactured Homes, as adopted by
 6943  the State Fire Marshal, notwithstanding the number of fire
 6944  sprinklers. Contractor-developed plans may not be required by
 6945  any local permitting authority to be sealed by a registered
 6946  professional engineer.
 6947         Section 135. Paragraph (b) of subsection (1) of section
 6948  633.022, Florida Statutes, is amended to read:
 6949         633.022 Uniform firesafety standards.—The Legislature
 6950  hereby determines that to protect the public health, safety, and
 6951  welfare it is necessary to provide for firesafety standards
 6952  governing the construction and utilization of certain buildings
 6953  and structures. The Legislature further determines that certain
 6954  buildings or structures, due to their specialized use or to the
 6955  special characteristics of the person utilizing or occupying
 6956  these buildings or structures, should be subject to firesafety
 6957  standards reflecting these special needs as may be appropriate.
 6958         (1) The department shall establish uniform firesafety
 6959  standards that apply to:
 6960         (b) All new, existing, and proposed hospitals, nursing
 6961  homes, assisted living residences facilities, adult family-care
 6962  homes, correctional facilities, public schools, transient public
 6963  lodging establishments, public food service establishments,
 6964  elevators, migrant labor camps, mobile home parks, lodging
 6965  parks, recreational vehicle parks, recreational camps,
 6966  residential and nonresidential child care facilities, facilities
 6967  for the developmentally disabled, motion picture and television
 6968  special effects productions, tunnels, and self-service gasoline
 6969  stations, of which standards the State Fire Marshal is the final
 6970  administrative interpreting authority.
 6971  
 6972  In the event there is a dispute between the owners of the
 6973  buildings specified in paragraph (b) and a local authority
 6974  requiring a more stringent uniform firesafety standard for
 6975  sprinkler systems, the State Fire Marshal shall be the final
 6976  administrative interpreting authority and the State Fire
 6977  Marshal’s interpretation regarding the uniform firesafety
 6978  standards shall be considered final agency action.
 6979         Section 136. Subsection (25) of section 641.31, Florida
 6980  Statutes, is amended to read:
 6981         641.31 Health maintenance contracts.—
 6982         (25) If a subscriber is a resident of a continuing care
 6983  facility certified under chapter 651 or a retirement facility
 6984  consisting of a nursing home or assisted living residence
 6985  facility and residential apartments, the subscriber’s primary
 6986  care physician must refer the subscriber to that facility’s
 6987  skilled nursing unit or assisted living residence facility if
 6988  requested by the subscriber and agreed to by the facility; if
 6989  the primary care physician finds that such care is medically
 6990  necessary; if the facility agrees to be reimbursed at the health
 6991  maintenance organization’s contract rate negotiated with similar
 6992  providers for the same services and supplies; and if the
 6993  facility meets all guidelines established by the health
 6994  maintenance organization related to quality of care,
 6995  utilization, referral authorization, risk assumption, use of the
 6996  health maintenance organization’s network, and other criteria
 6997  applicable to providers under contract for the same services and
 6998  supplies. If a health maintenance organization enrolls a new
 6999  subscriber who already resides in a continuing care facility or
 7000  a retirement facility as described in this subsection, the
 7001  health maintenance organization must provide in writing a
 7002  disclosure of the subscriber’s rights under this subsection. If
 7003  a subscriber’s request to be referred to the skilled nursing
 7004  unit or assisted living residence facility that is part of the
 7005  subscriber’s place of residence is not honored, the subscriber
 7006  may use the grievance process provided in s. 641.511.
 7007         Section 137. Subsection (6) of section 651.083, Florida
 7008  Statutes, is amended to read:
 7009         651.083 Residents’ rights.—
 7010         (6) This section does not supersede any bill of rights
 7011  provided by law for residents of nursing homes or assisted
 7012  living residences facilities.
 7013         Section 138. Subsection (7) of section 825.101, Florida
 7014  Statutes, is amended to read:
 7015         825.101 Definitions.—As used in this chapter:
 7016         (7) “Facility” means any location providing day or
 7017  residential care or treatment for elderly persons or disabled
 7018  adults. The term “facility” may include, but is not limited to,
 7019  any hospital, training center, state institution, nursing home,
 7020  assisted living residence facility, adult family-care home,
 7021  adult day care center, group home, mental health treatment
 7022  center, or continuing care community.
 7023         Section 139. Subsection (14) of section 893.055, Florida
 7024  Statutes, is amended to read:
 7025         893.055 Prescription drug monitoring program.—
 7026         (14) A pharmacist, pharmacy, or dispensing health care
 7027  practitioner or his or her agent, before releasing a controlled
 7028  substance to any person not known to such dispenser, shall
 7029  require the person purchasing, receiving, or otherwise acquiring
 7030  the controlled substance to present valid photographic
 7031  identification or other verification of his or her identity to
 7032  the dispenser. If the person does not have proper
 7033  identification, the dispenser may verify the validity of the
 7034  prescription and the identity of the patient with the prescriber
 7035  or his or her authorized agent. Verification of health plan
 7036  eligibility through a real-time inquiry or adjudication system
 7037  will be considered to be proper identification. This subsection
 7038  does not apply in an institutional setting or to a long-term
 7039  care facility, including, but not limited to, an assisted living
 7040  residence facility or a hospital to which patients are admitted.
 7041  As used in this subsection, the term “proper identification”
 7042  means an identification that is issued by a state or the Federal
 7043  Government containing the person’s photograph, printed name, and
 7044  signature or a document considered acceptable under 8 C.F.R. s.
 7045  274a.2(b)(1)(v)(A) and (B).
 7046         Section 140. Paragraph (h) of subsection (1) of section
 7047  893.13, Florida Statutes, is amended to read:
 7048         893.13 Prohibited acts; penalties.—
 7049         (1)
 7050         (h) Except as authorized by this chapter, it is unlawful
 7051  for any person to sell, manufacture, or deliver, or possess with
 7052  intent to sell, manufacture, or deliver, a controlled substance
 7053  in, on, or within 1,000 feet of the real property comprising an
 7054  assisted living residence facility, as that term is used in
 7055  chapter 429. Any person who violates this paragraph with respect
 7056  to:
 7057         1. A controlled substance named or described in s.
 7058  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 7059  commits a felony of the first degree, punishable as provided in
 7060  s. 775.082, s. 775.083, or s. 775.084.
 7061         2. A controlled substance named or described in s.
 7062  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 7063  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 7064  the second degree, punishable as provided in s. 775.082, s.
 7065  775.083, or s. 775.084.
 7066         Section 141. This act shall take effect July 1, 2011.