Res 44-00RESOLUTION NO. 44=00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DF.I.RAY BEACH, FLORIDA, OBJECTING TO LANGUAGE ADDED
TO SENATE BII.I, 1280 THAT PROVIDES FOR PUBLIC COUNSEL OF
THE PUBLIC SERVICE COMMISSION TO PROVIDE LEGAL
REPRESENTATION IN PROCEEDINGS BEFORE COUNTIES
REGARDING WATER AND WASTEWATER UTILITY RATES, AND
REQUESTING THAT THE GOVERNOR VETO SUCH LEGISLATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Senate Bill 1280 was passed as amended by the Florida Senate on May 5, 2000,
and has been sent to Governor Bush to be signed into law; and
WHEREAS, Senate Bill 1280, renting to nursing homes and health care facilities, was
amended at the eleventh hour by the addition of language that provides for notices to customers before a
local government water or sewer utility increases any rate or fee for utility senrices in addition to any notice
and public meeting requixements for ordinance adoption as provided by general law, and further requites
the Public Counsel of the Public Service Commission to provide legal representation for the people of the
state in utility rate proceedings before counties; and
WHEREAS, this portion of the amendment appears to violate Rule 7.1 which provides that
no proposition on a subject different from that under consideration shall be admitted under color of
amendment; and
WHEREAS, Senate Bill 1280 is an act renting to nursing homes and rented health care
facilities while the subject of this portion of the amendment is water utility rate proceedings; and
WHEREAS, said amendment to Senate Bill 1280 demonstrates a complete disregard for the
fundamental principles upon which Home Rule was founded and exists pursuant to Florida law; and
WHEREAS, the City Commission is deeply concerned about the impact that this legishtion
could have for county and local governments throughout the state.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AS FOLI.OWS:
Section 1. That the Delray Beach City Commission formally objects to the amendment
provisions of Senate Bill 1280 as they pertain to water and wastewater utility rate proceedings, and
respectfully requests that the Governor reject any such legislation.
Section 2. That the City Clerk is directed to forward a copy of this Resolution to the
Governor, the Florida State Legislature, the Florida League of Cities, the Palm Beach County League of
Cities, the Palm Beach County Legishfive Delegation, the Palm Beach County Board of County
Commissioners, all municipalities in Palm Beach County, and any other interested parties.
PASSED AND ADOPTED in regula~session on this the 16~s day 200~.
MAYOR
ATTEST:
- 2 - Res. No. 44-00
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT: AGENDA ITEM 9. g.. _ REGULAR MEETING OF MAY 16, 2000
RESOLUTION NO. 44-00 (OBJECTING TO SENATE BILL 1280)
DATE: MAY 16, 2000
Attached is correspondence from the Florida Section of the American Water Works Association
(AWWA) encouraging municipalities and counties to write Governor Bush in opposition to Senate
Bill 1280, as amended.
As initially proposed, the bill related to nursing homes and health care facihties. However, as the
legislauve session ckew to a dose, the bill was amended to include language pertaining to water or
sewer utihues (Section 11 and Section 12) which would require public counsel for the Pubhc Service
Comrmss~on to provide legal representation m proceedings before counties. The bill was passed as
amended and has been sent to the Governor to be signed into law.
As noted in the AWWA correspondence, this legislation represents the first step m bringing the
Public Service Commission into our business. Not only does the amendment demonstrate a complete
disregard for the fundamental principles of Home Rule, it also appears to be unconstitutional in that it
v~olates the single subject rule.
Staff recommends that Resolution No. 44-00 be adopted and distributed to all interested parties in an
effort to have the Governor reject this legislation.
RefiAgmemol Res44-00.Senate Bd11280
b~/12lllfl ~:~fi fl~lgltI~qll lift,Il 0[IRl{5-)[;it~ ol' 1)elrey tlench/ltaslm,Richard
AMERICAN WATER WORKS ASSOCIATION
MEMORANDUM
TO:
F ROM:
DATE:
SUBJECT:
AWWA Utility, Council Members
Doug Mann, Govemmenlal Relations Consultant
May 12, 200O
PSC Language In Senate Bffi 1280
00-,- ' 0
In my legislative summary of May I0, I mentioned how PSC language was placed on Senate Bill
1280. This provision provides for the public counsel of the PSC ~o pro,aide legal representation in
proceedings before counties regarding water and wastewater utility rates The amendment also
requires that all proccedm~ concktcted by a county or tts agency ffdl under sections 120.569 and
120.57, F.S. (see attached)~
Both counties and cities should be very concerned with this legislation; it is the first step in bringing
the PSC into your business. It also is a step towards having all local governments come m~der the
Administrative Procedures Act, Chapter 120, F.S. While this amendment applies only to counties, ff
thc Governor s~gns this lcgislafio~x a will not be long before efforts will be made to also bring c~t~cs
under the provision. I would encourage all managers of a municipal or count3, utility to brief their
superiors on this legislation. I reconunend they send a letter to the Governor opposing Senate Bill
1280. Also, chics and counties should contact their state association to make sure the3; get strongly
revolved. In addition, any city or county which employs a Tallahassee lobbyist should have them
working to get this vetoed. A resolution opposing this ame~&nent would be helpfifl if it was
attached to any letter to th~ Governor.
We have about three weeks to let the Governor know ho,a, we feel. I have already started to work at
this end, but really need all of you ira, oh,ed to make sure this legislation does not become laxx. The
Governor needs to hear from you.
if you have any questions or cone, ems please call me at [850) 222-'~535.
/kjv
310 WES¥ COLLEGE A%~ENUE · TALL.,kHA$$EE, FLORIDA32301
(8.'30) 222-7535 .(850) 681-8'196
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SB 1280, 1st Engrossed
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An act relating to nursin9 homes and related
health care facilities; amending s. 400.021,
F.S.; defining "nursing home bed"; amending s.
400.0225, F.S.; modifying provisions relating
to consumer satisfaction surveys; authorizing
7 the Agency for Health Care Administration to
8 adopt rules; amending s. 400.0255, F.S.;
9 providing for medication repackaging; amending
10 s. 400.141, F.S.; requiring a signed order by a
11 physician when the nursing home initiates
12 transfer or discharge of a resident; providing
13 time requirement for notice of discharge or
14 transfer to certain persons; amending s.
15 400.191, F.S.; modifying requirements for
16 consumer information reporting; authorizing the
17 agency to adopt rules; amending s. 400.23,
18 FoS.; providing an exemption for nursing home
19 residents age 18 to 21 years from certain
20 standards of care based on age, under certain
21 circumstances; amending s. 400.235, F.S.;
22 modifying requirements relating to designation
23 under the nursing home Gold Seal Program;
24 authorizing the agency to adopt rules; amending
25 s. 400.962, F.S.; exempting comprehensive
26 transitional education programs from licensure
27 requirements under pt. XI of ch. 400, F.S.;
28 amending s. 397.405, F.S0; correcting a cross
29 reference; requiring a study relating to use of
30 automated medication dispensing machines in
31 nursing facilities; providing for demonstration
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CODING:Words ~ are deletions; words underlined are additions.
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projects; requiring a report; creating s.
180.136, F.S.; requiring notice of proposed
increases in certain water or sewer utility
service rates, charges, or fees; specifying
such notice is in addition to other notice and
meeting requirements; amending s. 350.0611,
F.S.; requiring the Public Counsel to provide
legal representation in proceedings before
counties under certain circumstances; amending
s. 367.171, F.S.; requiring county rate
proceedings to follow certain provisions of the
Administrative Procedure Act; providing an
effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsections (11) through (17) of section
400.021, Florida Statutes, are renumbered as subsections (12)
through (18), respectively, and a new subsection (11) is added
to said section to read:
400.021 Definitions.--When used in this part, unless
the context otherwise requires, the term:
(11) "Nursing home bed" means an accommodation which
is ready for immediate occupancy, or is capable of being made
ready for occupancy within 48 hours, excludinq provision of
staffing; and which conforms to minimum space requirements,
including the availability of appropriate equipment and
furnishings within the 48 hours, as specified by rule of the
agency, for the provision of services specified in this part
to a single resident.
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C0D~NG:Words ~ are deletions; words underlined are additions.
ENROLLED
2000 Legislature
SB 1280, 1st Engrossed
(2) A nursing home facility as defined in s.
400. 021 (12) (11) .
Section 10. The Board of Pharmacy, in cooperation with
the Agency for Health Care Administration, shall undertake a
5 study of the feasibility, efficiency, cost-effectiveness, and
6 safety of using automated medication dispensing machines in
7 nursing facilities. The board and the agency may authorize the
8 establishment of demonstration projects in up to five nursing
9 facilities with a class I institutional pharmacy as part of
10 the study. Demonstration projects may be allowed to continue
11 for up to 12 months. A report summarizing the results of the
12 study shall be submitted by the board and the agency to the
13 Speake~ of the House of Representatives and the President of
14 the Senate by January 1, 2001. If the study determines that
15 such dispensing machines would benefit residents of nursing
16 facilities and should be allowed, the report shall identify
17 those specific statutory changes necessary to allow nursing
18 facilities to use automated medication dispensing machines.
19 Section 11. Section 180.136, Florida Statutes, is
20 created to read:
21 180.136 Water or sewer utilities; notice.--Before a
22 local government water or sewer utility increases any rate,
23 charge, or fee for water or sewer utility service, the utility
24 shall provide notice of the proposed increase to each customer
25 of the utility through the utility's billing process. The
26 notice shall state the date, time, and place of the meeting of
27 the governing board of the local government at which such
28 increase will be considered. The notice required in this
29 section is in addition to any notice and public meeting
30 requirements for ordinance adoption as provided by general
31 law.
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C0BING:Words ~ are deletions; words underlined are additions.
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Section 12. Section 350.0611, Florida Statutes, is
amended to read:
350.0611 Public Counsel; duties and powers.--It shall
be the duty of the Public Counsel to provide legal
representation for the people of the state in proceedings
before the commission and in proceedinqs before counties
pursuant to s. 367.171(8). The Public Counsel shall have such
powers as are necessary to carry out the duties of his or her
office, including, but not limited to, the following specific
powers:
(1) To recommend to the commission, by petition, the
commencement of any proceeding or action or to appear, in the
name of the state or its citizens, in any proceeding or action
before the commission and urge therein any position which he
or she deems to be in the public interest, whether consistent
or inconsistent with positions previously adopted by the
commission, and utilize therein all forms of discovery
available to attorneys in civil actions generally, subject to
protective orders of the commission which shall be reviewable
by summary procedure in the circuit courts of this statemT
(2) To have access to and use of all files, records,
and data of the commission available to any other attorney
representing parties in a proceeding before the commissionmT
(3) In any proceeding in which he or she has
participated as a party, to seek review of any determination,
finding, or order of the commission, or of any hearing
examiner designated by the commission, in the name of the
state or its citizensmT
(4) To prepare and issue reports, recommendations,, and
proposed orders to the commission, the Governor, and the
Legislature on any matter or subject within the jurisdiction
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ENROLLED
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SB 1280, 1st Engrossed
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of the commission, and to make such recommendations as he or
she deems appropriate for legislation relative to commission
procedures, rules, jurisdiction, personnel, and functions~T
(5) To appear before other state agencies, federal
agencies, and state and federal courts in connection with
matters under the jurisdiction of the commission, in the name
of the state or its citizens.
Section 13. Subsection (8) of section 367.171, Florida
Statutes, is amended to read:
367.171 Effectiveness of this chapter.--
(8) Each county which is excluded from the provisions
of this chapter shall regulate the rates of all utilities in
that county which would otherwise be subject to regulation by
the commission pursuant to s. 367.081(1), (2), (3), and (6).
The county shall not regulate the rates or charges of any
system or facility which would otherwise be exempt from
commission regulation pursuant to s. 367.022(2). For this
purpose the county or its agency shall proceed as though the
county or agency is the commission. In all proceedings
conducted by a county or its agency under the authority of
this chapter, the provisions of ss. 120.569 and 120.57 shall
apply.
Section 14. This act shall take effect upon becoming a
law.
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CODING:Words ~ are deletions; words underlined are additions.
.05/16/00 TUE 15-21 FAX 561 278 4755 DEL BCH CTY ATTY ~ CITY HALL ~002
HOUSE MESSAGE SUMMARY
BILL. SB 1280
SPONSOR. Senator Cowin
SUBJECT. Nursing Homes and Related Health Care Facilities
PREPARED BY' Senate Committee on Children and Families
DATE: May 4, 2000
[SI280.HMS]
I, Amendments Contained in Message
House Amendment - 675675 (body with title)
II. Summary of Amendments Contained in Message
House Amendment 1 includes provisions of HB 2431 (PCB 06) by the House Committee on
Elder Affairs and Long Term Care that was developed to assist in the implementation of liB 1971
that passed the 1999 Legislature and contains provisions of SB 178 that relates to water utility
rate proceedings.
This amendment clarifies language related to the transfer and discharge of residents from nursing
homes with which nm-sing homes have experienced implementation problems. An Agency for
Health Care Administration (AHCA) form is required when a nursing home initiates a resident
transfer or discharge from the facility. The amendment allows a written physician order to be
attached to the form zn place of a signature. Also, this amendment requires that the form be sent
to the Ombudsman within 5 days. There have been problems in the past with Ombudsman offices
receiving these forms in a timely mariner.
The amendment revises the types of data that must be published in the Consumer Information
materials prepared by AHCA. Allows the agency to provide links to other web sites that provide
consumer information. Clarifies the nursing home infolTnation that will be provzded in the guide
includes length of ownership, chain affiliation, and methods of payment accepted. Deletes a
requirement that the guide include the federal Quality Indicators. This federal form is not a useful
tool to help consumers and their families discern a facility's clinical outcomes, as expected.
The amendment replaces broad regulatory information language with specific information that will
be included in the guide. Requires the agency to provide the last 45 months of regulatory data
instead of 3 years. This more accurately reflects the last three "survey cycles" (survey cycles are a
15 month maximum). Provides authority to report results of the consumer satisfaction surveys and
deficiency information in numeric and symbolic formats For example, the agency may elect to use
a display of one to five stars to represent the customer satisfaction survey results.
Allows the agency to use federal deficiency data regardless of how the federal system is named or
identified. It is anticipated that the Health Care Financing Administration may change their
"OSCAR" computer system in the future. Allows additional information to be provided in the
Consumer Guide as the agency is able to accumulate and publish such information. Provides rule
· 05/16./00 TIlE 15.21 FAX 561 278 4755 DEL BCH CTY ATTY **~ CITY HALL ~003
BILL: SB 1280 Page 2
authority to the agency to implement the Consumer Guide. Provisions are clarified relating to the
consumer satisfaction surveys the agency is required to obtain.
Criteria are revised for nursing homes that are recommended for the Gold Seal Award by
replacing the use of the federal Quality Indicators with a quality of care measurement system that
will be determined by the Panel for Excellence in Long Term Care. The federal Quality Indicators
form does not serve as an appropriate tool to provide information about clinical outcomes, as
expected. Provides additional rule authority to the agency to hnplement the Gold Seal program
The bill revises the criteria used to nominate nursing homes for the Gold Seal award.
A definition of "nursing home bed" is created which should give nursing homes flexibility to use a
resident room for other uses as long as it can be made ready for occupancy in 48 hours.
The Board of Pharmacy and AHCA are directed to study the use of automated medication
dispensing machines in nursing facilities. A report surmnarizing the results shall be submitted by
the board and the agency to the Speaker of the House and the President of the Senate by
January 1, 2000.
The amendment includes provisions for notices to customers before local government water or
sewer utility increases any rate, charge, or fee for water or sewer utility services. This notice is in
addition to any notice and public meeting requirements for ordinance adoption as provided by
general law. The amendment allows the Public Counsel to provide legal representation for the
people of the state in water and wastewater utility rate proceedings before counties.
This portion of the amendment appears to violate Rule 7.1 which provides that no proposition on
a subject different from that under consideration shall be admitted under color of amendment.
This is an act relating to nursing homes and related health care facilities; the subject of tiffs portion
of the amendment is water utility rate proceedings.
B~ll Index Page 1 of 2
Florida Legislature Session Information
V~ew House Bills Search Bill Text Online Sunshine
Senate 1280: Relating to Nursing Homes & Health Care Facility Bill By Hupdreds
<Prey Bill Text(3) Amendments(4) Staff Analysis(2) Vote History(3) Citations Next>
S 1280 GENERAL BILL/iST ENO by Cowln (Similar ~_~__1, Compare CS/1ST
ENG/~_~329, CS/H 036~, CS/S 0178, ~ 151~, S 1978)
Nursinq Homes & Health Care Facility; defines "nursing home bed";
requires signed order by physician when nursing home initiates transfer
or discharge of resident; modifies requirements re designation under
nursing home Gold Seal Program; requires notice of proposed increases in
certain water or sewer utility service rates, charges, or fees; requires
Public Counsel to provide legal representation in proceedings before
counties, etc. Amends Ch. 400, 180.136, 350.0611, 367.171, 397.405.
EFFECTIVE DATE: Upon becoming law.
02/09/00 SENATE Prefiled
02/16/00 SENATE Referred to Children and Families
03/07/00 SENATE Introduced, referred to Children and Families -SJ 00076
03/16/00 SENATE On Committee agenda-- Children and Families, 03/21/00, 3:30
pm, 37-S
03/21/00 SENATE Comm. Action:-Favorable by Children and Families; YEAS 6
NAYS 0 -SJ 00277
03/22/00 SENATE Placed on Calendar -SJ 00277
04/11/00 SENATE Placed on Special Order Calendar -SJ 00406
04/12/00 SENATE Placed on Special Order Calendar -SJ 00420; Read second time
-SJ 00446
04/18/00 SENATE Read third time -SJ 00458; Passed; YEAS 40 NAYS 0
-SJ 00458; Immediately certified -SJ 00458
04/18/00 HOUSE In Messages
05/04/00 HOUSE Received -HJ 01609; Read second time -HJ 01609; Amendment(s)
adopted -HJ 01609; Read third time -HJ 01613; Passed as
amended; YEAS 115 NAYS 0 -HJ 01613
05/04/00 SENATE In returning messages
05/05/00 SENATE Was taken up 26 -SJ 01323; Concurred -SJ 01327; Passed as
amended; YEAS 34 NAYS 4 -SJ 01327; Ordered engrossed, then
enrolled -SJ 01327
Bill Text: (Top)
Bill Name
S 1280
S 1280E1
S 1280ER
Date Posted
02/12/2000
05/09/2000
05/09/2000
Available Formats
HTML, PDF
HTM L_, PDF
HTML, PDF
Amendments: (Top)
S 1280:
Amendment ID
160653
192931
675675
Date Posted
05/06/2000
05/06/2000
05/06/2000
Available Formats
HTML, PDF
HTML, PDF
HTML, PDF
S 1280E1:
NO AMENDMENTS AVAILABLE
S 1280ER:
NO AMENDMENTS AVAILABLE
http ://www.leg.state.fl.us/session/2000/billinfo/index. cfm?Mode=ViewBilllnfo&BillNum= 1280 5/16/00
'gill Index Page 2 of 2
Staff Analysis: (Top)
Analysis ID
S 1280
S 1280
Vote History: (Top)
Chamber Roll Call
HOUSE 0536
SENATE 0016
SENATE 0030
Citations: (Top)
Sponsor
Children and Families
House Messsage Summary
Vote Date
05/04/00
04/18/00
05/05/00
Available Formats
PDF
PDF
Available Formats
HTML
HTML
HTML
STATUTE CITATIONS:(ToD)
0180 136
0350 0611
0367 171
0397 405
0400 021
0400 0225
0400.0255
0400.14!
0400.19t
0400.23
0400.235
0400.962
CONSTITUTION CITATIONS:
NO CONSTITUTION CITATIONS FOUND FOR REQUESTED BILL.
http://www, leg. state.fl.us/session/2000/billinfo/index.cfrn?Mode=ViewBilllnfo&BillNum= 1280 5/16/00