Chapter 651 — Chapter 651
54 sections in this chapter.
Fla. Stat. § 651.011 Definitions
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As used in this chapter, the term:(1) “Actuarial opinion” means an opinion issued by an actuary in accordance with Actuarial Standard of Practice No. 3 for Continuing Care Retirement Communities, Revised Edition, effective May 1, 2011.(2) “Actuarial study” means an analysis prepa…
Fla. Stat. § 651.012 Exempted facility; written disclosure of exemption
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Any facility exempted under s. 632.637(1)(e) or excluded from the definition of the term “provider” in s. 651.011 must provide written disclosure of such exemption to each person admitted to the facility. This disclosure must be written using language likely to be understood by t…
Fla. Stat. § 651.013 Chapter exclusive; applicability of other laws
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(1) Except as herein provided, providers of continuing care and continuing care at-home are governed by the provisions of this chapter and are exempt from all other provisions of the Florida Insurance Code.(2) In addition to other applicable provisions cited in this chapter, the …
Fla. Stat. § 651.014 Insurance business not authorized
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Nothing in the Florida Insurance Code or this chapter shall be deemed to authorize any provider of a continuing care facility to transact any insurance business other than that of continuing care insurance or otherwise to engage in any other type of insurance unless it is authori…
Fla. Stat. § 651.015 Administration; forms; fees; rules; fines
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The administration of this chapter is vested in the commission, office, and department, which shall:(1) Prepare and furnish all forms necessary under the provisions of this chapter in relation to applications for provisional certificates of authority, certificates of authority or…
Fla. Stat. § 651.018 Administrative supervision
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The office may place a facility in administrative supervision pursuant to part VI of chapter 624.
Fla. Stat. § 651.019 New financing, additional financing, or refinancing
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(1)(a) A provider shall provide a written general outline of the amount and the anticipated terms of any new financing or refinancing, and the intended use of proceeds, to the residents’ council at least 30 days before the closing date of the financing or refinancing transaction.…
Fla. Stat. § 651.021 Certificate of authority required
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A person may not engage in the business of providing continuing care, issuing contracts for continuing care or continuing care at-home, or constructing a facility for the purpose of providing continuing care in this state without a certificate of authority obtained from the offic…
Fla. Stat. § 651.0215 Consolidated application for a provisional certificate of authority and a certificate of authority; required restrictions on use of entrance fees
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(1) For an applicant to qualify for a certificate of authority without first obtaining a provisional certificate of authority, all of the following conditions must be met:(a) All reservation deposits and entrance fees must be placed in escrow in accordance with s. 651.033. The ap…
Fla. Stat. § 651.022 Provisional certificate of authority; application
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(1) Each applicant for a certificate of authority shall first apply for and obtain a provisional certificate of authority pursuant to this section.(2) The application for a provisional certificate of authority must be on a form prescribed by the commission and must contain the fo…
Fla. Stat. § 651.023 Certificate of authority; application
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(1) After issuance of a provisional certificate of authority, the office shall issue to the holder of such provisional certificate a certificate of authority if the holder of the provisional certificate provides the office with the following information:(a) Any material change in…
Fla. Stat. § 651.0235 Validity of provisional certificates of authority and certificates of authority
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(1) The provisional certificate of authority and certificate of authority shall be valid for as long as the office determines that the provider continues to meet the requirements of this chapter.(2) If the provider fails to meet the requirements of this chapter for a provisional …
Fla. Stat. § 651.024 Acquisition
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(1) A person who seeks to assume the role of general partner of a provider or to otherwise assume ownership or possession of, or control over, 10 percent or more of a provider, a controlling company of the provider, or a provider’s assets, based on the balance sheet from the most…
Fla. Stat. § 651.0245 Application for the simultaneous acquisition of a facility and issuance of a certificate of authority
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(1) Except with the prior written approval of the office, a person may not, individually or in conjunction with any affiliated person of such person, directly or indirectly acquire a facility operating under a subsisting certificate of authority and engage in the business of prov…
Fla. Stat. § 651.0246 Expansions
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(1)(a) A provider must obtain written approval from the office before commencing construction or marketing for an expansion of a certificated facility equivalent to the addition of at least 20 percent of existing units or 20 percent or more of the number of continuing care at-hom…
Fla. Stat. § 651.026 Annual reports
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(1) Annually, on or before May 1, the provider shall file an annual report and such other information and data showing its condition as of the last day of the preceding calendar year, except as provided in subsection (5). If the office does not receive the required information on…
Fla. Stat. § 651.0261 Quarterly and monthly statements
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(1) Within 45 days after the end of each fiscal quarter, each provider shall file a quarterly unaudited financial statement of the provider or of the facility in the form prescribed by commission rule and days cash on hand, occupancy, debt service coverage ratio, and a detailed l…
Fla. Stat. § 651.028 Accredited facilities
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A provider or facility is deemed accredited for purposes of ss. 400.235(5)(b)1. and 651.105(1) if it is accredited without stipulations or conditions by a process found by the commission to be acceptable, substantially equivalent to the provisions of this chapter, and consistent …
Fla. Stat. § 651.033 Escrow accounts
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(1) When funds are required to be deposited in an escrow account pursuant to s. 651.0215, s. 651.022, s. 651.023, s. 651.0246, s. 651.035, or s. 651.055:(a) The escrow account must be established in a Florida state-chartered bank, savings bank, or trust company, or a federal savi…
Fla. Stat. § 651.034 Financial and operating requirements for providers
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(1)(a) If a regulatory action level event occurs, the office must:1. Require the provider to prepare and submit a corrective action plan or, if applicable, a revised corrective action plan;2. Perform an examination pursuant to s. 651.105 or an analysis, as the office considers ne…
Fla. Stat. § 651.035 Minimum liquid reserve requirements
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(1) A provider shall maintain in escrow a minimum liquid reserve consisting of the following reserves, as applicable:(a) Each provider shall maintain in escrow as a debt service reserve the aggregate amount of all principal and interest payments due during the fiscal year on any …
Fla. Stat. § 651.043 Approval of change in management
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(1) A contract with a management company entered into after July 1, 2019, must be in writing and include a provision that the contract will be canceled upon issuance of an order by the office pursuant to this section and without the application of a cancellation fee or penalty. I…
Fla. Stat. § 651.051 Maintenance of assets and records in state
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All records and assets of a provider must be maintained or readily accessible in this state or, if the provider’s corporate office is located in another state, such records must be electronically stored in a manner that will ensure that the records are readily accessible to the o…
Fla. Stat. § 651.055 Continuing care contracts; right to rescind
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(1) Each continuing care contract and each addendum to such contract shall be submitted to and approved by the office before its use in this state. Thereafter, no other form of contract shall be used by the provider until it has been submitted to and approved by the office. Each …
Fla. Stat. § 651.057 Continuing care at-home contracts
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(1) In addition to the requirements of s. 651.055, a provider offering contracts for continuing care at-home must:(a) Disclose the following in the continuing care at-home contract:1. Whether transportation will be provided to residents when traveling to and from the facility for…
Fla. Stat. § 651.061 Dismissal or discharge of resident; refund
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(1) No contract for care shall permit dismissal or discharge of the resident from the facility providing care before the expiration of the contract, without just cause for such a removal. For any contract entered into on or after October 1, 1997, and terminated by a provider for …
Fla. Stat. § 651.065 Waiver of statutory protection
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No act, agreement, or statement of any resident, or of an individual purchasing care for a resident, under any contract to furnish care to the resident shall constitute a valid waiver of any provision of this chapter intended for the benefit or protection of the resident or the i…
Fla. Stat. § 651.071 Contracts as preferred claims on liquidation or receivership
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(1) In the event of receivership or liquidation proceedings against a provider, all continuing care and continuing care at-home contracts executed by a provider are deemed preferred claims against all assets owned by the provider; however, such claims are subordinate to any secur…
Fla. Stat. § 651.081 Residents’ council
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(1) Residents living in a facility holding a valid certificate of authority under this chapter have the right of self-organization, the right to be represented by an individual of their own choosing, and the right to engage in concerted activities for the purpose of keeping infor…
Fla. Stat. § 651.083 Residents’ rights
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(1) No resident of any facility shall be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, by the State Constitution, or by the United States Constitution solely by reason of status as a resident of a facility. Each resident of a facility has the r…
Fla. Stat. § 651.085 Quarterly meetings between residents and the governing body of the provider; resident representation before the governing body of the provider
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(1) The governing body of a provider, or the designated representative of the provider, shall hold quarterly meetings with the residents of the continuing care facility for the purpose of free discussion of subjects including, but not limited to, income, expenditures, and financi…
Fla. Stat. § 651.091 Availability, distribution, and posting of reports and records; requirement of full disclosure
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(1) Each continuing care facility shall maintain as public information, available upon request, records of all cost and inspection reports pertaining to that facility which have been filed with or issued by any governmental agency. A copy of each report shall be retained for at l…
Fla. Stat. § 651.095 Advertisements; requirements; penalties
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(1) Upon application for a provisional certificate of authority, the office shall require the applicant to submit for approval all advertising. Approval of the application constitutes approval of the advertising, unless the office has otherwise notified the applicant. The office …
Fla. Stat. § 651.105 Examination
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(1) The office may at any time, and shall at least once every 3 years, examine the business of any applicant for a certificate of authority and any provider engaged in the execution of care contracts or engaged in the performance of obligations under such contracts, in the same m…
Fla. Stat. § 651.106 Grounds for discretionary refusal, suspension, or revocation of certificate of authority
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The office may deny an application or suspend or revoke the provisional certificate of authority or the certificate of authority of any applicant or provider if it finds that any one or more of the following grounds applicable to the applicant or provider exist:(1) Failure by the…
Fla. Stat. § 651.1065 Soliciting or accepting new continuing care contracts by impaired or insolvent facilities or providers
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(1) Regardless of whether delinquency proceedings as to a continuing care facility have been or are to be initiated, a proprietor, a general partner, a member, an officer, a director, a trustee, or a manager of a continuing care facility may not actively solicit, approve the soli…
Fla. Stat. § 651.107 Duration of suspension; obligations during suspension period; reinstatement
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(1) Suspension of a certificate of authority shall be for such period, not to exceed 1 year, as is fixed by the office in the order of suspension, unless the office shortens or rescinds such suspension or the order of suspension is modified, rescinded, or reversed.(2) During the …
Fla. Stat. § 651.108 Administrative fines
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(1) If the office finds that one or more grounds exist for the discretionary revocation or suspension of a certificate of authority issued under this chapter, the office, in lieu of such revocation or suspension, may impose a fine upon the provider in an amount not to exceed $1,0…
Fla. Stat. § 651.1081 Remedies available in cases of unlawful sale
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(1) Upon a determination by the office that a provider is or has been violating the provisions of this chapter, the office may order the provider to cease sales and make a rescission offer to the resident in accordance with the provisions of this section.(2) Upon such order by th…
Fla. Stat. § 651.111 Requests for inspections
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(1) Any interested party may request an inspection of the records and related financial affairs of a provider providing care in accordance with this chapter by transmitting to the office notice of an alleged violation of applicable requirements prescribed by statute or by rule, s…
Fla. Stat. § 651.114 Delinquency proceedings; remedial rights
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(1) Upon determination by the office that a provider is not in compliance with this chapter, the office may notify the chair of the Continuing Care Advisory Council, who may assist the office in formulating a corrective action plan.(2) Within 30 days after a request by either the…
Fla. Stat. § 651.1141 Immediate final orders
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(1) The Legislature finds that the following actions constitute an imminent and immediate threat to the public health, safety, and welfare of the residents of this state:(a) The installation of a general partner of a provider or assumption of ownership or possession or control of…
Fla. Stat. § 651.1151 Administrative, vendor, and management contracts
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(1) The office may require a provider to submit any contract for administrative, vendor, or management services if the office has information and belief that a provider has entered into a contract with an affiliate, an entity controlled by the provider, or an entity controlled by…
Fla. Stat. § 651.116 Delinquency proceedings; additional provisions
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Whenever the department has been appointed pursuant to the provisions of part I of chapter 631 as receiver of a provider, the circuit court in which the receivership proceeding is pending is authorized, upon a petition of the receiver and a showing of good cause by the receiver, …
Fla. Stat. § 651.117 Order of liquidation; duties of the Department of Children and Families and the Agency for Health Care Administration
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Whenever an order of liquidation has been entered against a provider, the receiver shall notify the Department of Children and Families and the Agency for Health Care Administration by sending to the Department of Children and Families and the Agency for Health Care Administratio…
Fla. Stat. § 651.118 Agency for Health Care Administration; certificates of need; sheltered beds; community beds
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(1) The provisions of this section shall control in the case of conflict with the provisions of the Health Facility and Services Development Act, ss. 408.031-408.045; the provisions of chapter 395; the provisions of part II of chapter 400; or the provisions of part I of chapter 4…
Fla. Stat. § 651.119 Assistance to persons affected by closure due to liquidation or pending liquidation
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(1) If a facility closes and ceases to operate as a result of liquidation or pending liquidation and residents are forced to relocate, the department shall become a creditor of the facility for the purpose of providing moving expenses for displaced residents and such other care o…
Fla. Stat. § 651.121 Continuing Care Advisory Council
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(1) The Continuing Care Advisory Council to the office is created consisting of 10 members appointed by the Governor and geographically representative of this state. Three members shall be representatives of facilities that hold valid certificates of authority under this chapter …
Fla. Stat. § 651.123 Alternative dispute resolution
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The commission shall, by rule, adopt alternative procedures for resolution of disputes between residents and providers. The rules shall provide for an informal, nonbinding mediation process, and for binding arbitration when mediation fails to resolve a dispute, and shall provide …
Fla. Stat. § 651.125 Criminal penalties; injunctive relief
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(1) Any person who maintains, enters into, or, as manager or officer or in any other administrative capacity, assists in entering into, maintaining, or performing any continuing care or continuing care at-home contract subject to this chapter without a valid provisional certifica…