THE BILL ITSELF
SB 1068
Home Health Services
Florida Senate - 2026 SB 1068 By Senator Calatayud 38-01663-26 20261068__
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A bill to be entitled
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An act relating to home health services; amending s.
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400.506, F.S.; requiring nurse registries to provide a
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written disclosure to clients at intake and annually
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thereafter; specifying requirements for the
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disclosure; requiring the Agency for Health Care
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Administration to adopt rules; prohibiting nurse
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registries from using specified terms in their
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business names, advertising, websites, and promotional
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materials; requiring nurse registries to include the
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term “nurse registry” in their business names and
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display their license numbers prominently in all
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marketing and advertising, including on digital
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platforms; requiring nurse registries to display a
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specified disclaimer on their websites and in all
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digital and print marketing materials; requiring nurse
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registries to file a current fee schedule with the
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agency and provide it to clients before initiating
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services; specifying requirements for the fee
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schedule; providing for administrative penalties;
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amending s. 400.509, F.S.; providing that registered
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homemakers and companions are subject to initial and
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periodic inspections by the agency; requiring the
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agency to adopt certain rules; specifying requirements
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for the scope of such inspections; requiring
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registered homemakers and companions to provide a
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written disclosure to clients upon initiation of
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services and annually thereafter; specifying
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requirements for the disclosure; requiring the agency
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to adopt rules; prohibiting registered homemakers and
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companions from using specified terms in their
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business names, advertising, websites, and promotional
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materials; requiring registered homemakers and
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companions to include the phrase “homemaker services”
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or “companion services,” as applicable, in their
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business names and display their registration numbers
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in all marketing and advertising, including on digital
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platforms; requiring registered homemakers and
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companions to display a specified disclaimer on their
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websites and in all digital and print marketing
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materials; specifying recordkeeping requirements for
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registered homemakers and companions; requiring
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registered homemakers and companions to document and
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report to the agency any adverse incidents or
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complaints; requiring the agency to establish by rule
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certain procedures; providing for administrative
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penalties; amending s. 408.803, F.S.; revising the
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definition of the term “low-risk provider” to exclude
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nurse registries; amending s. 817.505, F.S.; revising
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applicability of certain patient brokering
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prohibitions; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsections (15) through (20) of section
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400.506, Florida Statutes, are redesignated as subsections (20),
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(21), (22), (17), (18), and (19), respectively, new subsections
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(15) and (16) are added to that section, and present subsection
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(20) of that section is amended, to read:
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400.506 Licensure of nurse registries; requirements;
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penalties.—
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(15)(a) Each nurse registry shall provide a standardized
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written disclosure to clients at intake and annually thereafter
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which must meet all of the following requirements:
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1. Be presented in at least 14-point bold type.
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2. Include a signed acknowledgment of receipt by the client
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or the client’s representative.
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3. Contain the following information:
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a. A disclaimer as specified in paragraph (16)(c) informing
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clients that caregivers referred by the nurse registry are
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independent contractors and not employees of the nurse registry.
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b. The nurse registry’s insurance status, including the
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type and amount of liability coverage it carries.
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c. Instructions for filing complaints, including the
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contact information for state hotlines, such as the central
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abuse hotline and the agency’s consumer hotline, and the
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applicable professional licensing boards.
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d. A clear explanation of the risks associated with patient
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transport or the operation of lifting equipment, along with
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documentation of the client’s consent or refusal to engage in
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such activities.
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(b) The agency shall adopt rules to implement this
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subsection, including development of standard disclosure
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templates and acknowledgment forms.
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(16)(a) A nurse registry may not use the terms “home
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health,” “home health care,” or “agency” in its business name,
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advertising, website, or promotional materials.
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(b) Each nurse registry must include the term “nurse
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registry” in its licensed business name and display its license
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number prominently in all marketing and advertising, including
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on digital platforms.
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(c) Each nurse registry must display, in a clear and
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conspicuous manner on its website and in all digital or print
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marketing materials, the following disclaimer: “All caregivers
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referred by this nurse registry are independent contractors, not
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employees of the nurse registry. By law, the nurse registry does
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not have any authority to supervise, manage, or train caregivers
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and does not assume any responsibility for their actions or the
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services they provide.”
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(d) Each nurse registry shall file a current fee schedule
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with the agency and provide the schedule to clients before
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initiating services. The fee schedule must clearly disclose all
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costs and charges in a manner understandable to the general
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public.
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(e) The agency may impose administrative penalties for
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failure to comply with this subsection.
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(19) (20) Records required to be filed under this chapter
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with the nurse registry as a repository of records must be kept
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in accordance with rules adopted by the agency. The nurse
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registry has no obligation to review or act upon such records
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except as specified in subsection (18) (19) .
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Section 2. Present subsections (6) and (7) of section
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400.509, Florida Statutes, are redesignated as subsections (10)
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and (11), respectively, new subsections (6) and (7) and
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subsections (8) and (9) are added to that section, and present
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subsections (6) and (7) of that section are amended, to read:
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400.509 Registration of particular service providers exempt
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from licensure; certificate of registration; regulation of
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registrants.—
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(6)(a) Registered homemakers and companions are subject to
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an initial inspection and periodic inspections by the agency to
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determine compliance with applicable laws and rules.
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(b) The agency shall adopt rules establishing the frequency
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and scope of such inspections, which must occur at least once
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every 36 months.
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(c) The scope of inspections must include, but need not be
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limited to, a review of service records, client disclosures,
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background screening documentation, and compliance with
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marketing standards specified in subsection (8).
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(7)(a) Registered homemakers and companions shall provide a
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standardized written disclosure to clients upon initiation of
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services and annually thereafter which must meet all of the
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following requirements:
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1. Be presented in at least 14-point bold type.
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2. Include a signed acknowledgment of receipt by the client
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or the client’s representative.
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3. Contain the following information:
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a. A disclaimer as specified in paragraph (8)(c) informing
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clients that services provided by a homemaker or a companion are
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limited to nonmedical, non–hands-on care.
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b. The homemaker’s or companion’s insurance status,
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including the type and amount of liability coverage he or she
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carries.
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c. Instructions for filing complaints, including the
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contact information for state hotlines, such as the central
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abuse hotline and the agency’s consumer hotline, and the
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applicable professional licensing boards.
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d. An explanation of the homemaker’s or companion’s scope
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and limitations, including the prohibition against personal care
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or medical services.
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e. A disclosure of whether the homemaker or companion is an
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employee of the referring entity or an independent contractor.
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(b) The agency shall adopt rules to implement this
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subsection, including development of standard disclosure
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templates and acknowledgment forms.
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(8)(a) Registered homemakers and companions may not use the
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terms “home health,” “home health care,” “nursing,” “nurse
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registry,” or “agency” in their business names, advertising,
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website, or promotional materials.
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(b) Registered homemakers and companions must include the
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phrase “homemaker services” or “companion services,” as
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applicable, in their licensed business names and display their
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registration numbers prominently in all marketing and
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advertising, including on digital platforms.
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(c) Registered homemakers and companions must display, in a
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clear and conspicuous manner on their websites and in all
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digital or print marketing materials, the following disclaimer:
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“This business provides homemaker or companion services only.
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Offered services do not include personal care or any hands-on
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health care. By law, homemakers and companions may not assist
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with activities requiring a health care license or
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certification.”
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(9)(a) Registered homemakers and companions shall maintain
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accurate, chronological service records for each client,
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including caregiver assignments, incident reports, and
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acknowledgment of required disclosures.
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(b) Registered homemakers and companions shall document and
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report to the agency any adverse incidents or complaints, as
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required by agency rule.
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(10)(a) The agency shall establish by rule procedures for
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investigating complaints against registered homemakers and
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companions, including providing for unannounced agency
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inspections.
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(b) The agency may impose administrative fines or other
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sanctions for violations of this section or rules adopted
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pursuant to this section.
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(c) (6) In addition to any other penalties imposed pursuant
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to this section or part, the agency may assess costs related to
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an investigation that results in a successful prosecution,
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excluding costs associated with an attorney’s time.
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(11) (7) The agency for Health Care Administration shall
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adopt rules to administer this section and part II of chapter
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408.
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Section 3. Subsection (10) of section 408.803, Florida
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Statutes, is amended to read:
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408.803 Definitions.—As used in this part, the term:
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(10) “Low-risk provider” means a nonresidential provider,
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including a nurse registry, a home medical equipment provider ,
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or a health care clinic.
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Section 4. Paragraph (h) of subsection (3) of section
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817.505, Florida Statutes, is amended to read:
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817.505 Patient brokering prohibited; exceptions;
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penalties.—
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(3) This section shall not apply to the following payment
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practices:
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(h) Commissions or fees paid to a nurse registry licensed
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under s. 400.506 for referring persons providing health care
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services to clients of the nurse registry.
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Section 5. This act shall take effect July 1, 2026.