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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

723 sections·Filtered byTitle XXX✕

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”…

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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.

Fla. Stat. § 429.63 Legislative intent; purpose

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(1) The Legislature encourages the provision of care for disabled adults and frail elders in family-type living arrangements in private homes.(2) Adult family-care homes provide housing and personal care for disabled adults and frail elders who choose to live with an individual o…

Fla. Stat. § 429.65 Definitions

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As used in this part, the term:(1) “Activities of daily living” means functions and tasks for self-care, including eating, bathing, grooming, dressing, ambulating, and other similar tasks.(2) “Adult family-care home” means a full-time, family-type living arrangement, in a private…

Fla. Stat. § 429.67 Licensure

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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 for Health Care Administration pursuant to this par…

Fla. Stat. § 429.69 Denial, revocation, and suspension of a license

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In addition to the requirements of part II of chapter 408, the agency may deny, suspend, and revoke a license for any of the following reasons:(1) Failure to comply with the background screening standards of this part, s. 408.809(1), or chapter 435.(2) Failure to correct cited fi…

Fla. Stat. § 429.71 Classification of deficiencies; administrative fines

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(1) In addition to the requirements of part II of chapter 408 and in addition to any other liability or penalty provided by law, the agency may impose an administrative fine on a provider according to the following classification:(a) Class I violations are those conditions or pra…

Fla. Stat. § 429.73 Rules and standards relating to adult family-care homes

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(1) The agency in consultation with the Department of Health and the Department of Children and Families shall establish by rule minimum standards to ensure the health, safety, and well-being of each resident in the adult family-care home pursuant to this part. The rules must add…

Fla. Stat. § 429.75 Training and education programs

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(1) Each adult family-care home provider shall complete training and education programs.(2) Training and education programs must include information relating to:(a) State law and rules governing adult family-care homes, with emphasis on appropriateness of placement of residents i…

Fla. Stat. § 429.81 Residency agreements

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(1) Each resident must be covered by a residency agreement, executed before or at the time of admission, between the provider and the resident or the resident’s designee or legal representative. Each party to the contract must be provided a duplicate copy or the original agreemen…

Fla. Stat. § 429.83 Residents with Alzheimer’s disease or other related disorders; training; certain disclosures

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(1) The employees of an adult family-care home must complete the training required under s. 430.5025.(2) An adult family-care home licensed under this part which claims that it provides special care for persons who have Alzheimer’s disease or other related disorders must disclose…

Fla. Stat. § 429.85 Residents’ bill of rights

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(1) A resident of an adult family-care home may not be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, the State Constitution, or the Constitution of the United States solely by reason of status as a resident of the home. Each resident has the ri…

Fla. Stat. § 429.87 Civil actions to enforce rights

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(1) Any person or resident whose rights as specified in this part are violated has a cause of action against any adult family-care home, provider, or staff responsible for the violation. The action may be brought by the resident or the resident’s guardian, or by a person or organ…

Fla. Stat. § 429.90 Purpose

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The purpose of this part is to develop, establish, and enforce basic standards for adult day care centers in order to assure that a program of therapeutic social and health activities and services is provided to adults who have functional impairments, in a protective environment …

Fla. Stat. § 429.901 Definitions

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As used in this part, the term:(1) “Adult day care center” or “center” means any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, for a part of a day, basic services to three or more persons …

Fla. Stat. § 429.903 Applicability

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Any facility that comes within the definition of an adult day care center which is not exempt under s. 429.905 must be licensed by the agency as an adult day care center.History.—s. 3, ch. 78-336; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 3, 17, ch. 93-215; s. 4, ch. 2006-197…

Fla. Stat. § 429.905 Exemptions; monitoring of adult day care center programs colocated with assisted living facilities or licensed nursing home facilities

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(1) The following are exempt from this part:(a) Any facility, institution, or other place that is operated by the Federal Government or any agency thereof.(b) Any freestanding inpatient hospice facility that is licensed by the state and which provides day care services to hospice…

Fla. Stat. § 429.907 License requirement; fee; exemption; display

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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 for Health Care Administration pursuant to this par…

Fla. Stat. § 429.909 Application for license

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In addition to all provisions of part II of chapter 408, the applicant for licensure must furnish a description of the physical and mental capabilities and needs of the participants to be served and the availability, frequency, and intensity of basic services and of supportive an…

Fla. Stat. § 429.911 Denial, suspension, revocation of license; emergency action; administrative fines; investigations and inspections

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(1) The agency may deny, revoke, and suspend a license under this part, impose an action under s. 408.814, and impose an administrative fine against the owner of an adult day care center or its operator or employee in the manner provided in chapter 120 for the violation of any pr…

Fla. Stat. § 429.913 Administrative fines

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(1)(a) In addition to the requirements of part II of chapter 408, if the agency determines that an adult day care center is not operated in compliance with this part or with rules adopted under this part, the agency, notwithstanding any other administrative action it takes, shall…

Fla. Stat. § 429.915 Conditional license

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In addition to the license categories available in part II of chapter 408, the agency may issue a conditional license to an applicant for license renewal or change of ownership if the applicant fails to meet all standards and requirements for licensure. A conditional license issu…

Fla. Stat. § 429.917 Patients with Alzheimer’s disease or other related disorders; staff training requirements; certain disclosures

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(1) The employees of an adult day care center licensed under this part must complete the training required under s. 430.5025.(2) A center licensed under this part which claims that it provides special care for persons who have Alzheimer’s disease or other related disorders must d…

Fla. Stat. § 429.918 Licensure designation as a specialized Alzheimer’s services adult day care center; training

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(1) This act may be cited as the “Specialized Alzheimer’s Services Adult Day Care Act.”(2) As used in this section, the term:(a) “ADRD participant” means a participant who has a documented diagnosis of Alzheimer’s disease or a dementia-related disorder (ADRD) from a licensed phys…

Fla. Stat. § 429.919 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. 53, 71, ch. 98-171; s. 83, ch. 2000-349; s. 25, ch. 2001-53; s. 2, ch. 2001-67; s. 148, ch. 2001-277; s. 49, ch. 2004-267; ss. 4…

Fla. Stat. § 429.925 Discontinuance of operation of adult day care centers

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In addition to the requirements of part II of chapter 408, before operation of an adult day care center may be voluntarily discontinued, the operator must, at least 60 days before the discontinuance of operation, inform each participant of the fact and the proposed date of discon…

Fla. Stat. § 429.927 Right of entry and inspection

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In accordance with s. 408.811, the agency or department has the right to enter the premises of any adult day care center licensed pursuant to this part, at any reasonable time, in order to determine the state of compliance with this part, part II of chapter 408, and applicable ru…

Fla. Stat. § 429.929 Rules establishing standards

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The agency shall adopt rules to implement this part. The rules must include reasonable and fair standards. Any conflict between these standards and those that may be set forth in local, county, or municipal ordinances shall be resolved in favor of those having statewide effect. S…

Fla. Stat. § 429.931 Construction and renovation; requirements

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The requirements for the construction and the renovation of a center must comply with the provisions of chapter 553 which pertain to building construction standards, including plumbing, electrical code, glass, manufactured buildings, accessibility by physically handicapped person…

Fla. Stat. § 430.01 Short title

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This chapter may be cited as the “Department of Elderly Affairs Act,” or the “Pepper Act” as a memorial to Congressman Claude Denson Pepper. The department is also known as the Department of Elder Affairs.History.—s. 5, ch. 91-115; s. 77, ch. 95-418.

Fla. Stat. § 430.02 Legislative intent

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It is the intent of the Legislature to:(1) Advise, assist, and protect the state’s elderly citizens to the fullest extent.(2) Ensure that programs and services are developed and implemented to be accessible to all elderly citizens to assist them in the achievement or maintenance …

Fla. Stat. § 430.03 Purposes

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The purposes of the Department of Elderly Affairs are to:(1) Serve as the primary state agency responsible for administering human services programs for the elderly and for developing policy recommendations for long-term care.(2) Combat ageism and create public awareness and unde…

Fla. Stat. § 430.04 Duties and responsibilities of the Department of Elderly Affairs

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The Department of Elderly Affairs shall:(1) Administer human services and long-term care programs, including programs funded under the federal Older Americans Act of 1965, as amended, and other programs that are assigned to it by law.(2) Be responsible for ensuring that each area…

Fla. Stat. § 430.0401 Annual report summarizing monitoring activities

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By January 1 of each year, the Department of Elderly Affairs shall submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives a summary of the results of the department’s monitoring of the activities of area agencies on aging. The report …

Fla. Stat. § 430.0402 Screening of direct service providers

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(1)(a) Except as provided in subsection (2), level 2 background screening pursuant to chapter 435 is required for direct service providers. Background screening includes employment history checks as provided in s. 435.03(1) and local criminal records checks through local law enfo…

Fla. Stat. § 430.07 Office of Volunteer Community Service

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There is created within the Department of Elderly Affairs the Office of Volunteer Community Service. The office shall:(1) Compile an inventory of services needed by elderly persons.(2) Compile an inventory of services being provided to elderly persons to meet those needs.(3) Dete…

Fla. Stat. § 430.071 Respite for elders living in everyday families

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(1) As used in this section, the term:(a) “Family unit” means one or more individuals whose primary residence is with a homebound elderly individual specifically for the purpose of providing care for that homebound elderly individual. The family does not necessarily need to be re…

Fla. Stat. § 430.08 Rulemaking

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The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.History.—s. 5, ch. 91-115; s. 114, ch. 98-200.

Fla. Stat. § 430.09 Area agencies on aging expenditures

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(1) As used in this section, the term:(a) “Commodity” means any of the various supplies, materials, goods, merchandise, food, equipment, information technology, and other personal property purchased, leased, or otherwise contracted for by an area agency on aging.(b) “Competitive …

Fla. Stat. § 430.101 Administration of federal aging programs

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The Department of Elderly Affairs is designated the state unit on aging under the federal Older Americans Act of 1965, as amended, and shall exercise all responsibilities under that act. The department is the state agency designated to handle all programs of the Federal Governmen…

Fla. Stat. § 430.105 Confidentiality of information

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Personal identifying information in a record held by the department that relates to an individual’s health or eligibility for or receipt of health-related, elder care, or long-term care services is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Consti…

Fla. Stat. § 430.201 Short title

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Sections 430.201-430.207 may be cited as the “Community Care for the Elderly Act.”History.—s. 1, ch. 73-343; s. 1, ch. 76-51; s. 18, ch. 78-433; s. 104, ch. 79-164; s. 1, ch. 80-181; s. 29, ch. 95-418.Note.—Former s. 409.3621; s. 410.021.

Fla. Stat. § 430.202 Community care for the elderly; legislative intent

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The purpose of ss. 430.201-430.207 is to assist functionally impaired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes of relatives or caregivers through the development, expansion, reorganization, and coordination of various…

Fla. Stat. § 430.203 Community care for the elderly; definitions

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As used in ss. 430.201-430.207, the term:(1) “Area agency on aging” means a public or nonprofit private agency or office designated by the department to coordinate and administer the department’s programs and to provide, through contracting agencies, services within a planning an…

Fla. Stat. § 430.204 Community-care-for-the-elderly core services; departmental powers and duties

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(1)(a) The department shall fund, through each area agency on aging, at least one community care service system the primary purpose of which is the prevention of unnecessary institutionalization of functionally impaired elderly persons through the provision of community-based cor…