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Florida Statutes, Title XXX

Florida/Statutes

← All Florida coverage

Title XXX, Social Welfare

16 chapters · 723 sections in this title.

All chapters in Title XXX723 Ch 409, Social and Economic Assistance211 Ch 420, Housing98 Ch 429, Assisted Care Communities77 Ch 413, Employment and Related Services for …66 Ch 414, Family Self-sufficiency48 Ch 421, Public Housing48 Ch 430, Elder Affairs39 Ch 425, Rural Electric Cooperatives31 Ch 427, Special Transportation and Communica…27 Ch 415, Adult Protective Services25 Ch 410, Aging and Adult Services15 Ch 411, Handicap or High-risk Condition Prev…12 Ch 418, Recreation Districts12 Ch 422, Housing Cooperation Law9

77 sections·Filtered byTitle XXX✕Ch 429✕

Fla. Stat. § 429.01 Short title; purpose
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(1) This act may be cited as the “Assisted Living Facilities Act.”(2) The purpose of this act is to promote the availability of appropriate services for elderly persons and adults with disabilities in the least restrictive and most homelike environment, to encourage the developme…
Fla. Stat. § 429.02 Definitions
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When used in this part, the term:(1) “Activities of daily living” means functions and tasks for self-care, including ambulation, bathing, dressing, eating, grooming, and toileting, and other similar tasks.(2) “Administrator” means an individual at least 21 years of age who is res…
Fla. Stat. § 429.04 Facilities to be licensed; exemptions
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(1) For the administration of this part, facilities to be licensed by the agency shall include all assisted living facilities as defined in this part.(2) The following are exempt from licensure under this part:(a) Any facility, institution, or other place operated by the Federal …
Fla. Stat. § 429.07 License required; fee
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(1) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to this part and part II of chapter 408 and to entities licensed by or applying for such licensure from the agency pursuant to this part. A license issued by the agen…

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Fla. Stat. § 429.075 Limited mental health license

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An assisted living facility that serves one or more mental health residents must obtain a limited mental health license.(1) To obtain a limited mental health license, a facility must hold a standard license as an assisted living facility, must not have any current uncorrected vio…

Fla. Stat. § 429.076 Memory care services license

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An assisted living facility that serves one or more memory care residents, or that advertises or otherwise holds itself out as providing memory care services, must obtain a memory care services license pursuant to subsection (3) or subsection (4), as applicable. A facility is not…

Fla. Stat. § 429.08 Unlicensed facilities; referral of person for residency to unlicensed facility; penalties

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(1)(a) This section applies to the unlicensed operation of an assisted living facility in addition to the requirements of part II of chapter 408.(b) Any person who owns, rents, or otherwise maintains a building or property used as an unlicensed assisted living facility commits a …

Fla. Stat. § 429.11 Initial application for license

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(1) Each applicant for licensure must comply with all provisions of part II of chapter 408 and must:(a) Identify all other homes or facilities, including the addresses and the license or licenses under which they operate, if applicable, which are currently operated by the applica…

Fla. Stat. § 429.12 Sale or transfer of ownership of a facility

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It is the intent of the Legislature to protect the rights of the residents of an assisted living facility when the facility is sold or the ownership thereof is transferred. Therefore, in addition to the requirements of part II of chapter 408, whenever a facility is sold or the ow…

Fla. Stat. § 429.14 Administrative penalties

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(1) In addition to the requirements of part II of chapter 408, the agency may deny, revoke, and suspend any license issued under this part and impose an administrative fine in the manner provided in chapter 120 against a licensee for a violation of any provision of this part, par…

Fla. Stat. § 429.17 Expiration of license; renewal; conditional license

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(1) Limited nursing, extended congregate care, limited mental health licenses, and memory care services shall expire at the same time as the facility’s standard license, regardless of when issued.(2) A license shall be renewed in accordance with part II of chapter 408 and the pro…

Fla. Stat. § 429.174 Background screening

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The agency shall require level 2 background screening for personnel as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.History.—ss. 15, 25, ch. 89-294; ss. 11, 38, 39, ch. 93-216; s. 10, ch. 98-80; ss. 45, 71, ch. 98-171; s. 142, ch. 98-403; s. 213, ch. 99-13;…

Fla. Stat. § 429.176 Notice of change of administrator

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If, during the period for which a license is issued, the owner changes administrators, the owner must notify the agency of the change within 10 days and provide documentation within 90 days that the new administrator meets educational requirements and has completed the applicable…

Fla. Stat. § 429.177 Patients with Alzheimer’s disease or other related disorders; certain disclosures

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1A facility licensed under this part which claims that it provides special care for persons who have Alzheimer’s disease or other related disorders must disclose in its advertisements or in a separate document those services that distinguish the care as being especially applicabl…

Fla. Stat. § 429.178 Special care for persons with Alzheimer’s disease or other related disorders

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1A facility which advertises that it provides special care for persons with Alzheimer’s disease or other related disorders must meet the following standards of operation:(1)(a) If the facility has 17 or more residents, have an awake staff member on duty at all hours of the day an…

Fla. Stat. § 429.18 Disposition of fees and administrative fines

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Income from fees and fines collected under this part shall be directed to and used by the agency for the following purposes:(1) Up to 50 percent of the trust funds accrued each fiscal year under this part may be used to offset the expenses of receivership, pursuant to s. 429.22, …

Fla. Stat. § 429.19 Violations; imposition of administrative fines; grounds

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(1) In addition to the requirements of part II of chapter 408, the agency shall impose an administrative fine in the manner provided in chapter 120 for the violation of any provision of this part, part II of chapter 408, and applicable rules by an assisted living facility, for th…

Fla. Stat. § 429.195 Rebates prohibited; penalties

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(1) An assisted living facility licensed under this part may not contract or promise to pay or receive any commission, bonus, kickback, or rebate or engage in any split-fee arrangement in any form whatsoever with any person, health care provider, or health care facility as provid…

Fla. Stat. § 429.20 Certain solicitation prohibited; third-party supplementation

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(1) A person may not, in connection with the solicitation of contributions by or on behalf of an assisted living facility or facilities, misrepresent or mislead any person, by any manner, means, practice, or device whatsoever, to believe that the receipts of such solicitation wil…

Fla. Stat. § 429.22 Receivership proceedings

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(1) As an alternative to or in conjunction with an injunctive proceeding, the agency may petition a court of competent jurisdiction for the appointment of a receiver, if suitable alternate placements are not available, when any of the following conditions exist:(a) The facility i…

Fla. Stat. § 429.23 Internal risk management and quality assurance program; adverse incidents and reporting requirements

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(1) Every facility licensed under this part may, as part of its administrative functions, voluntarily establish a risk management and quality assurance program, the purpose of which is to assess resident care practices, facility incident reports, deficiencies cited by the agency,…

Fla. Stat. § 429.24 Contracts

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(1) The presence of each resident in a facility shall be covered by a contract, executed at the time of admission or prior thereto, between the licensee and the resident or his or her designee or legal representative. Each party to the contract shall be provided with a duplicate …

Fla. Stat. § 429.255 Use of personnel; emergency care

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(1)(a) Persons under contract to the facility, facility staff, or volunteers, who are licensed according to part I of chapter 464, or those persons exempt under s. 464.022(1), and others as defined by rule, may administer medications to residents, take residents’ vital signs, cha…

Fla. Stat. § 429.256 Assistance with self-administration of medication and with other tasks

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(1) For the purposes of this section, the term:(a) “Informed consent” means advising the resident, or the resident’s surrogate, guardian, or attorney in fact, that an assisted living facility is not required to have a licensed nurse on staff, that the resident may be receiving as…

Fla. Stat. § 429.26 Appropriateness of placements; examinations of residents

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(1) The owner or administrator of a facility is responsible for determining the appropriateness of admission of an individual to the facility and for determining the continued appropriateness of residence of an individual in the facility. A determination must be based upon an eva…

Fla. Stat. § 429.27 Property and personal affairs of residents

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(1)(a) A resident shall be given the option of using his or her own belongings, as space permits; choosing his or her roommate; and, whenever possible, unless the resident is adjudicated incompetent or incapacitated under state law, managing his or her own affairs.(b) The admissi…

Fla. Stat. § 429.275 Business practice; personnel records; liability insurance

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The assisted living facility shall be administered on a sound financial basis that is consistent with good business practices.(1) The administrator or owner of a facility shall maintain accurate business records that identify, summarize, and classify funds received and expenses d…

Fla. Stat. § 429.28 Resident bill of rights

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(1) No resident of a facility shall be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, the Constitution of the State of Florida, or the Constitution of the United States as a resident of a facility. Every resident of a facility shall have the rig…

Fla. Stat. § 429.29 Civil actions to enforce rights

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(1) Any person or resident whose rights as specified in this part are violated shall have a cause of action. The action may be brought by the resident or his or her guardian, or by a person or organization acting on behalf of a resident with the consent of the resident or his or …

Fla. Stat. § 429.293 Presuit notice; investigation; notification of violation of residents’ rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation

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(1) As used in this section, the term:(a) “Claim for residents’ rights violation or negligence” means a negligence claim alleging injury to or the death of a resident arising out of an asserted violation of the rights of a resident under s. 429.28 or an asserted deviation from th…

Fla. Stat. § 429.294 Availability of facility records for investigation of resident’s rights violations and defenses; penalty

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(1) Failure to provide complete copies of a resident’s records, including, but not limited to, all medical records and the resident’s chart, within the control or possession of the facility in accordance with s. 400.145, shall constitute evidence of failure of that party to compl…

Fla. Stat. § 429.295 Certain provisions not applicable to actions under this part

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An action under this part for a violation of rights or negligence recognized herein is not a claim for medical malpractice, and the provisions of s. 768.21(8) do not apply to a claim alleging death of the resident.History.—s. 42, ch. 2001-45; s. 2, ch. 2006-197.Note.—Former s. 40…

Fla. Stat. § 429.296 Statute of limitations

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(1) Any action for damages brought under this part shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; howeve…

Fla. Stat. § 429.297 Punitive damages; pleading; burden of proof

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(1) In any action for damages brought under this part, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages. The claimant ma…

Fla. Stat. § 429.298 Punitive damages; limitation

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(1)(a) Except as provided in paragraphs (b) and (c), an award of punitive damages may not exceed the greater of:1. Three times the amount of compensatory damages awarded to each claimant entitled thereto, consistent with the remaining provisions of this section; or2. The sum of $…

Fla. Stat. § 429.31 Closing of facility; notice; penalty

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(1) In addition to the requirements of part II of chapter 408, the facility shall inform, in writing, the agency and each resident or the next of kin, legal representative, or agency acting on each resident’s behalf, of the fact and the proposed time of discontinuance of operatio…

Fla. Stat. § 429.34 Right of entry and inspection

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(1) In addition to the requirements of s. 408.811, a duly designated officer or employee of the agency, of the Department of Children and Families, of the Medicaid Fraud Control Unit of the Office of the Attorney General, or of the state or local fire marshal, or a representative…

Fla. Stat. § 429.35 Maintenance of records; reports

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(1) Every facility shall maintain, as public information available for public inspection under such conditions as the agency shall prescribe, records containing copies of all inspection reports pertaining to the facility that have been issued by the agency to the facility. Copies…

Fla. Stat. § 429.41 Rules establishing standards

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(1) It is the intent of the Legislature that rules published and enforced pursuant to this section shall include criteria by which a reasonable and consistent quality of resident care and quality of life may be ensured and the results of such resident care may be demonstrated. Su…

Fla. Stat. § 429.42 Pharmacy and dietary services

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(1) Any assisted living facility in which the agency has documented a class I or class II deficiency or uncorrected class III deficiencies regarding medicinal drugs or over-the-counter preparations, including their storage, use, delivery, or administration, or dietary services, o…

Fla. Stat. § 429.435 Uniform firesafety standards

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Uniform firesafety standards for assisted living facilities, which are residential board and care occupancies, shall be established by the State Fire Marshal pursuant to s. 633.206.(1) EVACUATION CAPABILITY.—A firesafety evacuation capability determination shall be conducted with…

Fla. Stat. § 429.44 Construction and renovation; requirements

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(1) The requirements for the construction and renovation of a facility shall comply with chapter 553 which pertains to building construction standards, including plumbing, electrical code, glass, manufactured buildings, accessibility for persons with disabilities, and the state m…

Fla. Stat. § 429.445 Compliance with local zoning requirements

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No facility licensed under this part may commence any construction which will expand the size of the existing structure unless the licensee first submits to the agency proof that such construction will be in compliance with applicable local zoning requirements. Facilities with a …

Fla. Stat. § 429.47 Prohibited acts; penalties for violation

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(1) While a facility is under construction, the owner may advertise to the public prior to obtaining a license. Facilities that are certified under chapter 651 shall comply with the advertising provisions of s. 651.095 rather than those provided for in this subsection.(2) A frees…

Fla. Stat. § 429.49 Resident records; penalties for alteration

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(1) Any person who fraudulently alters, defaces, or falsifies any medical or other record of an assisted living facility, or causes or procures any such offense to be committed, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(2) A c…

Fla. Stat. § 429.52 Staff training and educational requirements

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(1)(a) Each new assisted living facility employee who has not previously completed core training must attend a preservice orientation provided by the facility before interacting with residents. The preservice orientation must be at least 2 hours in duration and cover topics that …

Fla. Stat. § 429.53 Consultation by the agency

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(1) The area offices of licensure and certification of the agency shall provide consultation to the following upon request:(a) A licensee of a facility.(b) A person interested in obtaining a license to operate a facility under this part.(2) As used in this section, “consultation”…

Fla. Stat. § 429.54 Collection of information; local subsidy

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(1) To enable the agency to collect the information requested by the Legislature regarding the actual cost of providing room, board, and personal care in facilities, the agency is authorized to conduct field visits and audits of facilities as necessary. The owners of randomly sam…

Fla. Stat. § 429.55 Consumer information

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(1) CONSUMER INFORMATION WEBSITE.—The Legislature finds that consumers need additional information on the quality of care and service in assisted living facilities in order to select the best facility for themselves or their loved ones. Therefore, the Agency for Health Care Admin…

Fla. Stat. § 429.60 Short title

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This part may be cited as the “Adult Family-Care Home Act.”History.—ss. 1, 2, ch. 85-195; s. 4, ch. 91-429; s. 2, ch. 93-209; s. 1, ch. 98-338; s. 3, ch. 2006-197.Note.—Former s. 400.616.