January 22, 2021
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CS/HB 1401

A bill to be entitled
2An act relating to adult protection and care; amending s.
3322.142, F.S.; authorizing the Department of Children and
4Family Services to obtain copies of driver's license files
5maintained by the Department of Highway Safety and Motor
6Vehicles for the purpose of conducting protective
7investigations; amending s. 415.103, F.S.; requiring that
8reports to the central abuse hotline relating to
9vulnerable adults be transferred to the county sheriff's
10office under certain circumstances; amending s. 415.1051,
11F.S.; authorizing the Department of Children and Family
12Services to file a petition within 60 days to determine
13incapacity in adult protection proceedings; prohibiting
14the department from serving as the guardian or providing
15legal counsel to the guardian under certain circumstances;
16amending s. 415.112, F.S.; providing authority and
17requirements for department rules; amending s. 429.28,
18F.S.; revising and specifying certain conditions in an
19assisted living facility's resident bill of rights for a
20resident's relocation or termination of residency;
21creating s. 429.285, F.S.; prohibiting resident relocation
22or termination of residency in the absence of certain
23specified conditions; requiring the administrator or
24employee of a facility to sign a notice of relocation or
25termination of residency and requiring a physician's
26signature under certain circumstances; requiring a
27licensee to provide advance written notice to the resident
28and other specified persons regarding relocation or
29termination of residency; providing that the notice
30contain certain information; providing for the creation of
31a form to submit relocation or termination of residency
32information and specifying information to be included
33therein; requiring a licensee to report relocation or
34termination of residency to the Office of State Long-term
35Care Ombudsman within a certain timeframe; permitting
36residents to seek the assistance of the local long-term
37care ombudsmen council in reviewing a notice of relocation
38or termination of residency; providing for emergency
39relocation and termination of residency; permitting the
40local long-term care ombudsmen council to request private
41informal contact with a resident upon receipt of a notice
42of relocation or termination of residency; authorizing the
43agency to adopt rules; amending ss. 429.07 and 429.31,
44F.S.; conforming cross-references; providing an effective
47Be It Enacted by the Legislature of the State of Florida:
49     Section 1.  Subsection (4) of section 322.142, Florida
50Statutes, is amended to read:
51     322.142  Color photographic or digital imaged licenses.--
52     (4)  The department may maintain a film negative or print
53file. The department shall maintain a record of the digital
54image and signature of the licensees, together with other data
55required by the department for identification and retrieval.
56Reproductions from the file or digital record are exempt from
57the provisions of s. 119.07(1) and shall be made and issued only
58for departmental administrative purposes; for the issuance of
59duplicate licenses; in response to law enforcement agency
60requests; to the Department of State pursuant to an interagency
61agreement to facilitate determinations of eligibility of voter
62registration applicants and registered voters in accordance with
63ss. 98.045 and 98.075; to the Department of Revenue pursuant to
64an interagency agreement for use in establishing paternity and
65establishing, modifying, or enforcing support obligations in
66Title IV-D cases; to the Department of Children and Family
67Services pursuant to an interagency agreement to conduct
68protective investigations under chapter 415; or to the
69Department of Financial Services pursuant to an interagency
70agreement to facilitate the location of owners of unclaimed
71property, the validation of unclaimed property claims, and the
72identification of fraudulent or false claims, and are exempt
73from the provisions of s. 119.07(1).
74     Section 2.  Subsection (2) of section 415.103, Florida
75Statutes, is amended to read:
76     415.103  Central abuse hotline.--
77     (2)  Upon receiving an oral or written report of known or
78suspected abuse, neglect, or exploitation of a vulnerable adult,
79the central abuse hotline shall must determine if the report
80requires an immediate onsite protective investigation.
81     (a)  For reports requiring an immediate onsite protective
82investigation, the central abuse hotline must immediately notify
83the department's designated protective investigative district
84staff responsible for protective investigations to ensure prompt
85initiation of an onsite investigation.
86     (b)  For reports not requiring an immediate onsite
87protective investigation, the central abuse hotline must notify
88the department's designated protective investigative district
89staff responsible for protective investigations in sufficient
90time to allow for an investigation to be commenced within 24
91hours. At the time of notification of district staff with
92respect to the report, the central abuse hotline must also
93provide any known information on any previous reports report
94concerning the a subject of the present report or any pertinent
95information relative to the present report or any noted earlier
97     (c)  If the report is of known or suspected abuse of a
98vulnerable adult by someone other than a relative, caregiver, or
99household member, the report shall be immediately transferred to
100the appropriate county sheriff's office.
101     Section 3.  Paragraph (e) of subsection (1) and paragraph
102(g) of subsection (2) of section 415.1051, Florida Statutes, are
103amended to read:
104     415.1051  Protective services interventions when capacity
105to consent is lacking; nonemergencies; emergencies; orders;
108the department has reasonable cause to believe that a vulnerable
109adult or a vulnerable adult in need of services is being abused,
110neglected, or exploited and is in need of protective services
111but lacks the capacity to consent to protective services, the
112department shall petition the court for an order authorizing the
113provision of protective services.
114     (e)  Continued protective services.--
115     1.  Within No more than 60 days after the date of the order
116authorizing the provision of protective services, the department
117shall petition the court to determine whether:
118     a.  Protective services are to will be continued with the
119consent of the vulnerable adult pursuant to this subsection;
120     b.  Protective services are to will be continued for the
121vulnerable adult who lacks capacity;
122     c.  Protective services are to will be discontinued; or
123     d.  A petition for guardianship shall should be filed
124pursuant to chapter 744.
125     2.  If the court determines that a petition for
126guardianship shall should be filed pursuant to chapter 744, the
127court, for good cause shown, may order continued protective
128services until it makes a determination regarding capacity.
129     3.  If the department has a good faith belief that the
130vulnerable adult lacks capacity, the petition to determine
131incapacity under s. 744.3201 may be filed by the department.
132Once the petition is filed, the department may not be appointed
133guardian and may not provide legal counsel for the guardian.
135department has reasonable cause to believe that a vulnerable
136adult is suffering from abuse or neglect that presents a risk of
137death or serious physical injury to the vulnerable adult and
138that the vulnerable adult lacks the capacity to consent to
139emergency protective services, the department may take action
140under this subsection. If the vulnerable adult has the capacity
141to consent and refuses consent to emergency protective services,
142emergency protective services may not be provided.
143     (g)  Continued emergency protective services.--
144     1.  Within Not more than 60 days after the date of the
145order authorizing the provision of emergency protective
146services, the department shall petition the court to determine
148     a.  Emergency protective services are to will be continued
149with the consent of the vulnerable adult;
150     b.  Emergency protective services are to will be continued
151for the vulnerable adult who lacks capacity;
152     c.  Emergency protective services are to will be
153discontinued; or
154     d.  A petition shall should be filed under chapter 744.
155     2.  If it is decided to file a petition under chapter 744,
156for good cause shown, the court may order continued emergency
157protective services until a determination is made by the court.
158     3.  If the department has a good faith belief that the
159vulnerable adult lacks capacity, the petition to determine
160incapacity under s. 744.3201 may be filed by the department.
161Once the petition is filed, the department may not be appointed
162guardian and may not provide legal counsel for the guardian.
163     Section 4.  Section 415.112, Florida Statutes, is amended
164to read:
165     415.112  Specific rulemaking authority Rules for
166implementation of ss. 415.101-415.113.--The department shall
167adopt promulgate rules to administer this chapter, including,
168but not limited to: for the implementation of ss. 415.101-
170     (1)  Background screening of department employees and
171applicants for employment, which shall include a criminal
172records check and drug testing of adult protective investigators
173and adult protective investigator supervisors.
174     (2)  Reporting of adult abuse, neglect, and exploitation;
175reporting of a vulnerable adult in need of services; false
176reporting; and adult protective investigations.
177     (3)  Confidentiality and retention of department records,
178access to records, and record requests.
179     (4)  Injunctions and other protective orders.
180     (5)  The provision of emergency and nonemergency protective
181services intervention.
182     (6)  Agreements with law enforcement and other state
184     (7)  Legal and casework procedures, including, but not
185limited to, diligent search, petitions, emergency removals,
186capacity to consent, and adult protection teams.
187     (8)  Legal and casework management of cases involving
188protective supervision, protective orders, judicial reviews,
189administrative reviews, case plans, and documentation
191     Section 5.  Paragraphs (k) and (l) of subsection (1),
192subsection (2), and paragraph (b) of subsection (3) of section
193429.28, Florida Statutes, are amended to read:
194     429.28  Resident bill of rights.--
195     (1)  No resident of a facility shall be deprived of any
196civil or legal rights, benefits, or privileges guaranteed by
197law, the Constitution of the State of Florida, or the
198Constitution of the United States as a resident of a facility.
199Every resident of a facility shall have the right to:
200     (k)  Receive at least 45 days' written notice of relocation
201or termination of residency from the licensee as provided in s.
202429.285, unless the relocation or termination of residency is
203initiated by the resident or the resident designee; facility
204unless, for medical reasons, the resident is certified by a
205physician to require an emergency relocation to a facility
206providing a more skilled level of care; or the resident engages
207in a pattern of conduct that is harmful or offensive to other
208residents. In the case of a resident who has been adjudicated
209mentally incapacitated, the guardian shall be given at least 45
210days' notice of a nonemergency relocation or residency
211termination. Reasons for relocation shall be set forth in
212writing. In order for a licensee facility to terminate the
213residency of an individual without notice as provided in this
214paragraph herein, the licensee facility shall show good cause in
215a court of competent jurisdiction. Admission to a facility
216licensed under this part may not be conditioned upon a waiver of
217such right, and any document or provision in a document that
218purports to waive or preclude such right is void and
220     (l)  Present grievances and recommend changes in policies,
221procedures, and services to the staff of the facility, governing
222officials, or any other person without restraint, interference,
223coercion, discrimination, or reprisal. Each licensee facility
224shall establish a written grievance procedure to facilitate the
225residents' exercise of this right. This right includes access to
226ombudsman volunteers and advocates and the right to be a member
227of, to be active in, and to associate with advocacy or special
228interest groups. Each licensee shall maintain a written log of
229grievances that shall be available for inspection and shall be
230maintained for at least 2 years. Residents may provide verbal or
231written grievances.
232     (2)  The administrator of a facility shall ensure that a
233written notice of the rights, obligations, and prohibitions set
234forth in this part is posted in a prominent place in each
235facility and read or explained to residents who cannot read.
236This notice shall include the name, address, and telephone
237numbers of the local ombudsman council and central abuse hotline
238and, when applicable, the Advocacy Center for Persons with
239Disabilities, Inc., and the Florida local advocacy council,
240where complaints may be lodged. The licensee facility must
241ensure a resident's access to a telephone to call the local
242ombudsman council, central abuse hotline, Advocacy Center for
243Persons with Disabilities, Inc., and the Florida local advocacy
245     (3)
246     (b)  In order to determine whether the licensee facility is
247adequately protecting residents' rights, the biennial survey
248shall include private informal conversations with a sample of
249residents and consultation with the ombudsman council in the
250planning and service area in which the facility is located to
251discuss residents' experiences within the facility.
252     Section 6.  Section 429.285, Florida Statutes, is created
253to read:
254     429.285  Resident relocation or termination of residency;
255requirements and procedures.--
256     (1)  A facility licensed under this part must permit a
257resident to remain in the facility. Relocation or termination of
258residency of a resident may not occur unless:
259     (a)  The relocation or termination of residency is
260necessary for the resident's welfare and the resident's needs
261cannot be met in the facility;
262     (b)  The relocation or termination of residency is
263appropriate because the resident's health has improved
264sufficiently so that the resident no longer needs the services
265provided by the facility;
266     (c)  The health and safety of other residents or facility
267employees would be endangered;
268     (d)  The resident has failed, after at least 30 days'
269notice, to provide payment for his or her stay in the facility;
270     (e)  The facility ceases to operate;
271     (f)  There is a documented pattern of harmful and offensive
272behavior by the resident; or
273     (g)  The contract provided for under s. 429.24(1) between
274the licensee and the resident expires on its own terms.
275     (2)  When a relocation or termination of residency is
276initiated by the licensee, the administrator that is relocating
277the resident or terminating residency, or an individual employed
278by the facility who is designated by the administrator to act on
279behalf of the administration, must sign the notice of relocation
280or termination of residency. Any notice indicating a medical
281reason for relocation or termination of residency must be signed
282by the resident's physician or include an attached physician's
283written order for the relocation or termination of residency.
284     (3)  At least 45 days prior to a proposed relocation or
285termination of residency, a licensee must provide by certified
286mail advance written notice of the proposed relocation or
287termination of residency to the resident and, if known, to a
288family member or the resident's legal guardian or
290     (4)  The notice must be in writing and contain all
291information required by state and federal laws, rules, and
292regulations. A copy of the notice must be placed in the
293resident's file. The agency shall develop a standard form to be
294used by all facilities licensed under this part for purposes of
295notifying residents of a relocation or termination of residency.
296In addition to any other pertinent information included, the
297form shall:
298     (a)  Specify the reason allowed under state law justifying
299the relocation or termination of the residency, with an
300explanation to support this action.
301     (b)  State the effective date of the relocation or
302termination of residency and the location to which the resident
303is being relocated.
304     (c)  Include the right and means to request the local long-
305term care ombudsman council to review the notice of relocation
306or termination of residency.
307     (5)  A relocation or termination of residency notice
308initiated by a licensee must be reported to the Office of State
309Long-Term Care Ombudsman by mail, electronic mail, or facsimile
310within 5 business days after a resident's receipt of a notice to
311relocate or terminate residency. The Office of State Long-Term
312Care Ombudsman shall compile and publish the information
313collected from such notices in the annual report required by s.
314400.0065(2)(i). A resident may request that the local long-term
315care ombudsman council review any notice of relocation or
316termination of residency given to the resident. When requested
317by a resident to review such notice, the local long-term care
318ombudsman council shall do so within 5 business days after
319receipt of the request.
320     (6)  In the event of an emergency relocation or termination
321of residency, as provided under s. 429.28(1)(k), notice shall be
322provided to the resident, the resident's legal guardian or
323representative, and the local long-term care ombudsman council
324by telephone or in person. The written notice shall be given
325before the relocation or termination of residency, if possible,
326and no later than 5 business days after the relocation or
327termination of residency. A local long-term care ombudsman
328council conducting a review under this section shall do so
329within 2 business days after receipt of the request. The
330resident's file must include documentation indicating who was
331contacted, whether the contact was by telephone or in person,
332and the date and time of the contact.
333     (7)  After receipt of a notice required under this section,
334the local long-term care ombudsman council may request a private
335informal conversation with a resident to whom the notice is
336directed, and, if known, a family member or the resident's legal
337guardian or representative, to ensure that the licensee is
338proceeding with the relocation or termination of residency in
339accordance with the requirements of this section.
340     (8)  The agency may adopt rules pursuant to ss. 120.536(1)
341and 120.54 to administer this section.
342     Section 7.  Paragraphs (b) and (c) of subsection (3) of
343section 429.07, Florida Statutes, are amended to read:
344     429.07  License required; fee.--
345     (3)  In addition to the requirements of s. 408.806, each
346license granted by the agency must state the type of care for
347which the license is granted. Licenses shall be issued for one
348or more of the following categories of care: standard, extended
349congregate care, limited nursing services, or limited mental
351     (b)  An extended congregate care license shall be issued to
352facilities providing, directly or through contract, services
353beyond those authorized in paragraph (a), including acts
354performed pursuant to part I of chapter 464 by persons licensed
355thereunder, and supportive services defined by rule to persons
356who otherwise would be disqualified from continued residence in
357a facility licensed under this part.
358     1.  In order for extended congregate care services to be
359provided in a facility licensed under this part, the agency must
360first determine that all requirements established in law and
361rule are met and must specifically designate, on the facility's
362license, that such services may be provided and whether the
363designation applies to all or part of a facility. Such
364designation may be made at the time of initial licensure or
365relicensure, or upon request in writing by a licensee under this
366part and part II of chapter 408. Notification of approval or
367denial of such request shall be made in accordance with part II
368of chapter 408. Existing facilities qualifying to provide
369extended congregate care services must have maintained a
370standard license and may not have been subject to administrative
371sanctions during the previous 2 years, or since initial
372licensure if the facility has been licensed for less than 2
373years, for any of the following reasons:
374     a.  A class I or class II violation;
375     b.  Three or more repeat or recurring class III violations
376of identical or similar resident care standards as specified in
377rule from which a pattern of noncompliance is found by the
379     c.  Three or more class III violations that were not
380corrected in accordance with the corrective action plan approved
381by the agency;
382     d.  Violation of resident care standards resulting in a
383requirement to employ the services of a consultant pharmacist or
384consultant dietitian;
385     e.  Denial, suspension, or revocation of a license for
386another facility under this part in which the applicant for an
387extended congregate care license has at least 25 percent
388ownership interest; or
389     f.  Imposition of a moratorium pursuant to this part or
390part II of chapter 408 or initiation of injunctive proceedings.
391     2.  Facilities that are licensed to provide extended
392congregate care services shall maintain a written progress
393report on each person who receives such services, which report
394describes the type, amount, duration, scope, and outcome of
395services that are rendered and the general status of the
396resident's health. A registered nurse, or appropriate designee,
397representing the agency shall visit such facilities at least
398quarterly to monitor residents who are receiving extended
399congregate care services and to determine if the facility is in
400compliance with this part, part II of chapter 408, and rules
401that relate to extended congregate care. One of these visits may
402be in conjunction with the regular survey. The monitoring visits
403may be provided through contractual arrangements with
404appropriate community agencies. A registered nurse shall serve
405as part of the team that inspects such facility. The agency may
406waive one of the required yearly monitoring visits for a
407facility that has been licensed for at least 24 months to
408provide extended congregate care services, if, during the
409inspection, the registered nurse determines that extended
410congregate care services are being provided appropriately, and
411if the facility has no class I or class II violations and no
412uncorrected class III violations. Before such decision is made,
413the agency shall consult with the long-term care ombudsman
414council for the area in which the facility is located to
415determine if any complaints have been made and substantiated
416about the quality of services or care. The agency may not waive
417one of the required yearly monitoring visits if complaints have
418been made and substantiated.
419     3.  Facilities that are licensed to provide extended
420congregate care services shall:
421     a.  Demonstrate the capability to meet unanticipated
422resident service needs.
423     b.  Offer a physical environment that promotes a homelike
424setting, provides for resident privacy, promotes resident
425independence, and allows sufficient congregate space as defined
426by rule.
427     c.  Have sufficient staff available, taking into account
428the physical plant and firesafety features of the building, to
429assist with the evacuation of residents in an emergency, as
431     d.  Adopt and follow policies and procedures that maximize
432resident independence, dignity, choice, and decisionmaking to
433permit residents to age in place to the extent possible, so that
434moves due to changes in functional status are minimized or
436     e.  Allow residents or, if applicable, a resident's
437representative, designee, surrogate, guardian, or attorney in
438fact to make a variety of personal choices, participate in
439developing service plans, and share responsibility in
441     f.  Implement the concept of managed risk.
442     g.  Provide, either directly or through contract, the
443services of a person licensed pursuant to part I of chapter 464.
444     h.  In addition to the training mandated in s. 429.52,
445provide specialized training as defined by rule for facility
447     4.  Facilities licensed to provide extended congregate care
448services are exempt from the criteria for continued residency as
449set forth in rules adopted under s. 429.41. Facilities so
450licensed shall adopt their own requirements within guidelines
451for continued residency set forth by rule. However, such
452facilities may not serve residents who require 24-hour nursing
453supervision. Facilities licensed to provide extended congregate
454care services shall provide each resident with a written copy of
455facility policies governing admission and retention.
456     5.  The primary purpose of extended congregate care
457services is to allow residents, as they become more impaired,
458the option of remaining in a familiar setting from which they
459would otherwise be disqualified for continued residency. A
460facility licensed to provide extended congregate care services
461may also admit an individual who exceeds the admission criteria
462for a facility with a standard license, if the individual is
463determined appropriate for admission to the extended congregate
464care facility.
465     6.  Before admission of an individual to a facility
466licensed to provide extended congregate care services, the
467individual must undergo a medical examination as provided in s.
468429.26(4) and the facility must develop a preliminary service
469plan for the individual.
470     7.  When a facility can no longer provide or arrange for
471services in accordance with the resident's service plan and
472needs and the facility's policy, the facility shall make
473arrangements for relocating the person in accordance with s.
474429.285 429.28(1)(k).
475     8.  Failure to provide extended congregate care services
476may result in denial of extended congregate care license
478     9.  No later than January 1 of each year, the department,
479in consultation with the agency, shall prepare and submit to the
480Governor, the President of the Senate, the Speaker of the House
481of Representatives, and the chairs of appropriate legislative
482committees, a report on the status of, and recommendations
483related to, extended congregate care services. The status report
484must include, but need not be limited to, the following
486     a.  A description of the facilities licensed to provide
487such services, including total number of beds licensed under
488this part.
489     b.  The number and characteristics of residents receiving
490such services.
491     c.  The types of services rendered that could not be
492provided through a standard license.
493     d.  An analysis of deficiencies cited during licensure
495     e.  The number of residents who required extended
496congregate care services at admission and the source of
498     f.  Recommendations for statutory or regulatory changes.
499     g.  The availability of extended congregate care to state
500clients residing in facilities licensed under this part and in
501need of additional services, and recommendations for
502appropriations to subsidize extended congregate care services
503for such persons.
504     h.  Such other information as the department considers
506     (c)  A limited nursing services license shall be issued to
507a facility that provides services beyond those authorized in
508paragraph (a) and as specified in this paragraph.
509     1.  In order for limited nursing services to be provided in
510a facility licensed under this part, the agency must first
511determine that all requirements established in law and rule are
512met and must specifically designate, on the facility's license,
513that such services may be provided. Such designation may be made
514at the time of initial licensure or relicensure, or upon request
515in writing by a licensee under this part and part II of chapter
516408. Notification of approval or denial of such request shall be
517made in accordance with part II of chapter 408. Existing
518facilities qualifying to provide limited nursing services shall
519have maintained a standard license and may not have been subject
520to administrative sanctions that affect the health, safety, and
521welfare of residents for the previous 2 years or since initial
522licensure if the facility has been licensed for less than 2
524     2.  Facilities that are licensed to provide limited nursing
525services shall maintain a written progress report on each person
526who receives such nursing services, which report describes the
527type, amount, duration, scope, and outcome of services that are
528rendered and the general status of the resident's health. A
529registered nurse representing the agency shall visit such
530facilities at least twice a year to monitor residents who are
531receiving limited nursing services and to determine if the
532facility is in compliance with applicable provisions of this
533part, part II of chapter 408, and related rules. The monitoring
534visits may be provided through contractual arrangements with
535appropriate community agencies. A registered nurse shall also
536serve as part of the team that inspects such facility.
537     3.  A person who receives limited nursing services under
538this part must meet the admission criteria established by the
539agency for assisted living facilities. When a resident no longer
540meets the admission criteria for a facility licensed under this
541part, arrangements for relocating the person shall be made in
542accordance with s. 429.285 429.28(1)(k), unless the facility is
543licensed to provide extended congregate care services.
544     Section 8.  Subsection (1) of section 429.31, Florida
545Statutes, is amended to read:
546     429.31  Closing of facility; notice; penalty.--
547     (1)  In addition to the requirements of part II of chapter
548408, the facility shall inform each resident or the next of kin,
549legal representative, or agency acting on each resident's
550behalf, of the fact and the proposed time of discontinuance of
551operation, following the notification requirements provided in
552s. 429.285 429.28(1)(k). In the event a resident has no person
553to represent him or her, the facility shall be responsible for
554referral to an appropriate social service agency for placement.
555     Section 9.  This act shall take effect October 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.
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