reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.17 - Expiration of license; renewal; conditional license.

429.17 Expiration of license; renewal; conditional license.—
(1) Limited nursing, extended congregate care, and limited mental health licenses 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 provision of satisfactory proof of ability to operate and conduct the facility in accordance with the requirements of this part and adopted rules, including proof that the facility has received a satisfactory firesafety inspection, conducted by the local authority having jurisdiction or the State Fire Marshal, within the preceding 12 months.
(3) In addition to the requirements of part II of chapter 408, each facility must report to the agency any adverse court action concerning the facility’s financial viability, within 7 days after its occurrence. The agency shall have access to books, records, and any other financial documents maintained by the facility to the extent necessary to determine the facility’s financial stability.
(4) In addition to the license categories available in s. 408.808, a conditional license may be issued to an applicant for license renewal if the applicant fails to meet all standards and requirements for licensure. A conditional license issued under this subsection shall be limited in duration to a specific period of time not to exceed 6 months, as determined by the agency, and shall be accompanied by an agency-approved plan of correction.
(5) When an extended care or limited nursing license is requested during a facility’s biennial license period, the fee shall be prorated in order to permit the additional license to expire at the end of the biennial license period. The fee shall be calculated as of the date the additional license application is received by the agency.
(6) The agency may by rule establish renewal procedures, identify forms, and specify documentation necessary to administer this section and may adopt rules to administer part II of chapter 408.
History.—s. 9, ch. 75-233; ss. 12, 19, ch. 80-198; s. 2, ch. 81-318; ss. 9, 19, ch. 82-148; ss. 47, 79, 83, ch. 83-181; s. 2, ch. 88-350; s. 14, ch. 89-294; s. 9, ch. 91-263; s. 23, ch. 93-177; ss. 10, 38, 39, ch. 93-216; s. 9, ch. 95-418; s. 9, ch. 98-80; s. 44, ch. 98-171; s. 212, ch. 99-13; s. 20, ch. 2003-57; ss. 2, 38, ch. 2006-197; s. 146, ch. 2007-230; s. 9, ch. 2019-11.
Note.—Former s. 400.417.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.174 - Background screening.

429.174 Background screening.—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; s. 74, ch. 2000-349; s. 25, ch. 2001-53; s. 2, ch. 2001-67; s. 148, ch. 2001-277; s. 418, ch. 2003-261; s. 14, ch. 2004-267; ss. 2, 39, ch. 2006-197; s. 147, ch. 2007-230; s. 29, ch. 2010-114.
Note.—Former s. 400.4174.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.176 - Notice of change of administrator.

429.176 Notice of change of administrator.—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 core educational requirements under s. 429.52. A facility may not be operated for more than 120 consecutive days without an administrator who has completed the core educational requirements.
History.—ss. 44, 83, ch. 83-181; s. 10, ch. 91-263; ss. 12, 38, 39, ch. 93-216; ss. 10, 24, ch. 95-418; s. 11, ch. 98-80; s. 46, ch. 98-171; ss. 2, 40, ch. 2006-197; s. 148, ch. 2007-230; s. 82, ch. 2018-24; s. 4, ch. 2020-68.
Note.—Former s. 400.4176.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.177 - Patients with Alzheimer’s disease or other related disorders; certain disclosures.

429.177 Patients with Alzheimer’s disease or other related disorders; certain disclosures.—A 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 applicable to, or suitable for, such persons. The facility must give a copy of all such advertisements or a copy of the document to each person who requests information about programs and services for persons with Alzheimer’s disease or other related disorders offered by the facility and must maintain a copy of all such advertisements and documents in its records. The agency shall examine all such advertisements and documents in the facility’s records as part of the license renewal procedure.
History.—s. 2, ch. 93-105; s. 2, ch. 2006-197.
Note.—Former s. 400.4177.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.178 - Special care for persons with Alzheimer’s disease or other related disorders.

429.178 Special care for persons with Alzheimer’s disease or other related disorders.—A 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 and night; or
(b) If the facility has fewer than 17 residents, have an awake staff member on duty at all hours of the day and night or have mechanisms in place to monitor and ensure the safety of the facility’s residents.
(2) Offer activities specifically designed for persons who are cognitively impaired.
(3) Have a physical environment that provides for the safety and welfare of the facility’s residents.
(4) Employ staff who must complete the training and continuing education required under s. 430.5025.
History.—s. 15, ch. 97-82; ss. 2, 41, ch. 2006-197; s. 9, ch. 2015-126; s. 8, ch. 2023-278.
Note.—Former s. 400.4178.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.18 - Disposition of fees and administrative fines.

429.18 Disposition of fees and administrative fines.—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, if the court determines that the income and assets of the facility are insufficient to provide for adequate management and operation.
(2) An amount of $5,000 of the trust funds accrued each year under this part shall be allocated to pay for inspection-related physical and mental health examinations requested by the agency pursuant to s. 429.26 for residents who are either recipients of supplemental security income or have monthly incomes not in excess of the maximum combined federal and state cash subsidies available to supplemental security income recipients, as provided for in s. 409.212. Such funds shall only be used where the resident is ineligible for Medicaid.
(3) Any trust funds accrued each year under this part and not used for the purposes specified in subsections (1) and (2) shall be used to offset the costs of the licensure program, verifying information submitted, defraying the costs of processing the names of applicants, and conducting inspections and monitoring visits pursuant to this part and part II of chapter 408.
History.—ss. 12, 20, ch. 80-198; s. 2, ch. 81-318; ss. 8, 19, ch. 82-148; ss. 48, 75, 79, 83, ch. 83-181; s. 53, ch. 83-218; s. 16, ch. 89-294; s. 11, ch. 91-263; s. 11, ch. 91-282; ss. 13, 38, 39, ch. 93-216; s. 19, ch. 95-418; s. 12, ch. 98-80; ss. 2, 42, ch. 2006-197; s. 149, ch. 2007-230.
Note.—Former s. 400.418.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.195 - Rebates prohibited; penalties.

429.195 Rebates prohibited; penalties.—
(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 provided under s. 817.505.
(2) This section does not apply to:
(a) An individual employed by the assisted living facility, or with whom the facility contracts to provide marketing services for the facility, if the individual clearly indicates that he or she works with or for the facility.
(b) Payments by an assisted living facility to a referral service that provides information, consultation, or referrals to consumers to assist them in finding appropriate care or housing options for seniors or disabled adults if the referred consumers are not Medicaid recipients.
(c) A resident of an assisted living facility who refers a friend, family members, or other individuals with whom the resident has a personal relationship to the assisted living facility, in which case the assisted living facility may provide a monetary reward to the resident for making such referral.
(3) A violation of this section is patient brokering and is punishable as provided in s. 817.505.
History.—ss. 18, 25, ch. 89-294; s. 13, ch. 91-263; ss. 15, 38, 39, ch. 93-216; s. 773, ch. 95-148; s. 12, ch. 95-210; s. 14, ch. 98-80; s. 2, ch. 2006-197; s. 29, ch. 2012-160.
Note.—Former s. 400.4195.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.20 - Certain solicitation prohibited; third-party supplementation.

429.20 Certain solicitation prohibited; third-party supplementation.—
(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 will be used for charitable purposes, if that is not the fact.
(2) Solicitation of contributions of any kind in a threatening, coercive, or unduly forceful manner by or on behalf of an assisted living facility or facilities by any agent, employee, owner, or representative of any assisted living facility or facilities is grounds for denial, suspension, or revocation of the license of the assisted living facility or facilities by or on behalf of which such contributions were solicited.
(3) The admission or maintenance of assisted living facility residents whose care is supported, in whole or in part, by state funds may not be conditioned upon the receipt of any manner of contribution or donation from any person. The solicitation or receipt of contributions in violation of this subsection is grounds for denial, suspension, or revocation of license, as provided in s. 429.14, for any assisted living facility by or on behalf of which such contributions were solicited.
(4) An assisted living facility may accept additional supplementation from third parties on behalf of residents receiving optional state supplementation in accordance with s. 409.212.
History.—ss. 50, 83, ch. 83-181; ss. 16, 38, 39, ch. 93-216; s. 13, ch. 95-210; ss. 2, 44, ch. 2006-197.
Note.—Former s. 400.42.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.275 - Business practice; personnel records; liability insurance.

429.275 Business practice; personnel records; liability insurance.—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 disbursed and shall use written accounting procedures and a recognized accounting system.
(2) The administrator or owner of a facility shall maintain personnel records for each staff member which contain, at a minimum, documentation of background screening, if applicable, documentation of compliance with all training requirements of this part or applicable rule, and a copy of all licenses or certification held by each staff who performs services for which licensure or certification is required under this part or rule.
(3) The administrator or owner of a facility shall maintain liability insurance coverage that is in force at all times.
(4) The agency may by rule clarify terms, establish requirements for financial records, accounting procedures, personnel procedures, insurance coverage, and reporting procedures, and specify documentation as necessary to implement this section.
History.—s. 4, ch. 98-148; s. 2, ch. 2006-197; s. 15, ch. 2019-11.
Note.—Former s. 400.4275.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.294 - Availability of facility records for investigation of resident’s rights violations and defenses; penalty.

429.294 Availability of facility records for investigation of resident’s rights violations and defenses; penalty.—
(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 comply with good faith discovery requirements and shall waive the good faith certificate and presuit notice requirements under this part by the requesting party.
(2) No facility shall be held liable for any civil damages as a result of complying with this section.
History.—s. 41, ch. 2001-45; s. 2, ch. 2006-197; s. 86, ch. 2018-24.
Note.—Former s. 400.4294.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.295 - Certain provisions not applicable to actions under this part.

429.295 Certain provisions not applicable to actions under this part.—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. 400.4295.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.296 - Statute of limitations.

429.296 Statute of limitations.—
(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; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued.
(2) In those actions covered by this subsection in which it can be shown that fraudulent concealment or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations is extended forward 2 years from the time that the injury is discovered with the exercise of due diligence, but in no event not more than 6 years from the date the incident giving rise to the injury occurred.
(3) This section shall apply to causes of action that have accrued prior to the effective date of this section; however, any such cause of action that would not have been barred under prior law may be brought within the time allowed by prior law or within 2 years after the effective date of this section, whichever is earlier, and will be barred thereafter. In actions where it can be shown that fraudulent concealment or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations is extended forward 2 years from the time that the injury is discovered with the exercise of due diligence, but in no event more than 4 years from the effective date of this section.
History.—s. 43, ch. 2001-45; s. 2, ch. 2006-197.
Note.—Former s. 400.4296.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.297 - Punitive damages; pleading; burden of proof.

429.297 Punitive damages; pleading; burden of proof.—
(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 may move to amend her or his complaint to assert a claim for punitive damages as allowed by the rules of civil procedure. The rules of civil procedure shall be liberally construed so as to allow the claimant discovery of evidence which appears reasonably calculated to lead to admissible evidence on the issue of punitive damages. No discovery of financial worth shall proceed until after the pleading concerning punitive damages is permitted.
(2) A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence. As used in this section, the term:
(a) “Intentional misconduct” means that the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage.
(b) “Gross negligence” means that the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.
(3) In the case of an employer, principal, corporation, or other legal entity, punitive damages may be imposed for the conduct of an employee or agent only if the conduct of the employee or agent meets the criteria specified in subsection (2) and:
(a) The employer, principal, corporation, or other legal entity actively and knowingly participated in such conduct;
(b) The officers, directors, or managers of the employer, principal, corporation, or other legal entity condoned, ratified, or consented to such conduct; or
(c) The employer, principal, corporation, or other legal entity engaged in conduct that constituted gross negligence and that contributed to the loss, damages, or injury suffered by the claimant.
(4) The plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages. The “greater weight of the evidence” burden of proof applies to a determination of the amount of damages.
(5) This section is remedial in nature and shall take effect upon becoming a law.
History.—s. 44, ch. 2001-45; s. 2, ch. 2006-197.
Note.—Former s. 400.4297.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.31 - Closing of facility; notice; penalty.

429.31 Closing of facility; notice; penalty.—
(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 operation, following the notification requirements provided in s. 429.28(1)(k). In the event a resident has no person to represent him or her, the facility shall be responsible for referral to an appropriate social service agency for placement.
(2) Immediately upon the notice by the agency of the voluntary or involuntary termination of such operation, the agency shall inform the State Long-Term Care Ombudsman Program and monitor the transfer of residents to other facilities and ensure that residents’ rights are being protected. The agency, in consultation with the Department of Children and Families, shall specify procedures for ensuring that all residents who receive services are appropriately relocated.
(3) All charges shall be prorated as of the date on which the facility discontinues operation, and if any payments have been made in advance, the payments for services not received shall be refunded to the resident or the resident’s guardian within 10 working days of voluntary or involuntary closure of the facility, whether or not such refund is requested by the resident or guardian.
(4) The agency may levy a fine in an amount no greater than $5,000 upon each person or business entity that owns any interest in a facility that terminates operation without providing notice to the agency and the residents of the facility at least 30 days before operation ceases. This fine shall not be levied against any facility involuntarily closed at the initiation of the agency. The agency shall use the proceeds of the fines to operate the facility until all residents of the facility are relocated.
History.—s. 13, ch. 75-233; ss. 12, 25, ch. 80-198; s. 2, ch. 81-318; ss. 57, 79, 83, ch. 83-181; s. 20, ch. 91-263; ss. 25, 38, 39, ch. 93-216; s. 780, ch. 95-148; s. 50, ch. 95-418; s. 123, ch. 99-8; ss. 2, 54, ch. 2006-197; s. 154, ch. 2007-230; s. 249, ch. 2014-19; s. 16, ch. 2019-11; s. 10, ch. 2020-68.
Note.—Former s. 400.431.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.34 - Right of entry and inspection.

429.34 Right of entry and inspection.—
(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 of the State Long-Term Care Ombudsman Program or a member of the state or local long-term care ombudsman council has the right to enter unannounced upon and into the premises of any facility licensed under this part in order to determine the state of compliance with this part, part II of chapter 408, and applicable rules. Data collected by the State Long-Term Care Ombudsman Program, local long-term care ombudsman councils, or the state or local advocacy councils may be used by the agency in investigations involving violations of regulatory standards. A person specified in this section who knows or has reasonable cause to suspect that a vulnerable adult has been or is being abused, neglected, or exploited shall immediately report such knowledge or suspicion to the central abuse hotline pursuant to chapter 415.
(2)(a) In addition to the requirements of s. 408.811, the agency may inspect and investigate facilities as necessary to determine compliance with this part, part II of chapter 408, and rules adopted thereunder. If an assisted living facility is cited for a class I violation or three or more class II violations arising from separate surveys within a 60-day period or due to unrelated circumstances during the same survey, the agency must conduct an additional licensure inspection within 6 months.
(b) During any calendar year in which a survey is not conducted, the agency may conduct monitoring visits of each facility cited in the previous year for a class I or class II violation or for more than three uncorrected class III violations.
History.—s. 14, ch. 75-233; s. 1, ch. 77-174; ss. 12, 26, ch. 80-198; s. 2, ch. 81-318; ss. 10, 18, 19, ch. 82-148; ss. 58, 79, 83, ch. 83-181; s. 1, ch. 88-350; s. 24, ch. 93-177; ss. 26, 38, 39, ch. 93-216; s. 51, ch. 95-418; s. 124, ch. 99-8; s. 144, ch. 2000-349; s. 64, ch. 2000-367; s. 46, ch. 2001-45; s. 3, ch. 2004-344; s. 2, ch. 2006-197; s. 155, ch. 2007-230; s. 250, ch. 2014-19; s. 38, ch. 2015-31; s. 14, ch. 2015-126; s. 87, ch. 2018-24; s. 17, ch. 2019-11.
Note.—Former s. 400.434.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.35 - Maintenance of records; reports.

429.35 Maintenance of records; reports.—
(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 of inspection reports shall be retained in the records for 5 years from the date the reports are filed or issued.
(2) Within 60 days after the date of an inspection conducted under s. 408.811 or within 30 days after the date of an interim visit, the agency shall forward the results of the inspection to the local ombudsman council in the district where the facility is located; to at least one public library or, in the absence of a public library, the county seat in the county in which the inspected assisted living facility is located; and, when appropriate, to the district Adult Services and Mental Health Program Offices.
(3) Every facility shall post a copy of the last inspection report of the agency for that facility in a prominent location within the facility so as to be accessible to all residents and to the public. Upon request, the facility shall also provide a copy of the report to any resident of the facility or to an applicant for admission to the facility.
History.—ss. 12, 27, ch. 80-198; s. 2, ch. 81-318; ss. 75, 79, 83, ch. 83-181; s. 53, ch. 83-218; s. 1, ch. 88-145; s. 19, ch. 90-347; s. 21, ch. 91-263; ss. 27, 38, 39, ch. 93-216; s. 16, ch. 95-210; s. 57, ch. 2000-139; s. 145, ch. 2000-349; s. 65, ch. 2000-367; s. 2, ch. 2006-197; s. 102, ch. 2007-5; s. 156, ch. 2007-230; s. 118, ch. 2008-4; s. 39, ch. 2015-31; s. 48, ch. 2020-156.
Note.—Former s. 400.435.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.42 - Pharmacy and dietary services.

429.42 Pharmacy and dietary services.—
(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, or both, during a biennial survey or a monitoring visit or an investigation in response to a complaint, shall, in addition to or as an alternative to any penalties imposed under s. 429.19, be required to employ the consultant services of a licensed pharmacist, a licensed registered nurse, or a registered or licensed dietitian, as applicable. The consultant shall, at a minimum, provide onsite quarterly consultation until the inspection team from the agency determines that such consultation services are no longer required.
(2) A corrective action plan for deficiencies related to assistance with the self-administration of medication or the administration of medication must be developed and implemented by the facility within 48 hours after notification of such deficiency, or sooner if the deficiency is determined by the agency to be life-threatening.
(3) The agency shall employ at least two pharmacists licensed pursuant to chapter 465 among its personnel who biennially inspect assisted living facilities licensed under this part, to participate in biennial inspections or consult with the agency regarding deficiencies relating to medicinal drugs or over-the-counter preparations.
(4) The agency may by rule establish procedures and specify documentation as necessary to implement this section.
History.—s. 1, ch. 89-218; s. 1, ch. 90-192; s. 23, ch. 91-263; ss. 29, 38, 39, ch. 93-216; s. 17, ch. 95-210; s. 18, ch. 98-80; s. 6, ch. 98-148; ss. 2, 56, ch. 2006-197; s. 19, ch. 2019-11.
Note.—Former s. 400.442.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.435 - Uniform firesafety standards.

429.435 Uniform firesafety standards.—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 within 6 months after the date of initial licensure of an assisted living facility, if required.
(2) FIRESAFETY REQUIREMENTS.—
(a) The National Fire Protection Association, Life Safety Code, NFPA 101 and 101A, current editions, must be used in determining the uniform firesafety code adopted by the State Fire Marshal for assisted living facilities, pursuant to s. 633.206.
(b) A local government or a utility may charge fees that do not exceed the actual costs incurred by the local government or the utility for the installation and maintenance of an automatic fire sprinkler system in a licensed assisted living facility structure.
(c) All licensed facilities must have an annual fire inspection conducted by the local fire marshal or authority having jurisdiction.
(d) An assisted living facility that was issued a building permit or certificate of occupancy before July 1, 2016, at its option and after notifying the authority having jurisdiction, may remain under the provisions of the 1994 and 1995 editions of the National Fire Protection Association, Life Safety Code, NFPA 101 and 101A. A facility opting to remain under such provisions may make repairs, modernizations, renovations, or additions to, or rehabilitate, the facility in compliance with NFPA 101, 1994 edition, and may utilize the alternative approaches to life safety in compliance with NFPA 101A, 1995 edition. However, a facility for which a building permit or certificate of occupancy was issued before July 1, 2016, which undergoes Level III building alteration or rehabilitation, as defined in the Florida Building Code, or which seeks to utilize features not authorized under the 1994 or 1995 editions of the Life Safety Code, shall thereafter comply with all aspects of the uniform firesafety standards established under s. 633.206 and the Florida Fire Prevention Code in effect for assisted living facilities as adopted by the State Fire Marshal.
History.—s. 12, ch. 2020-68.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.44 - Construction and renovation; requirements.

429.44 Construction and renovation; requirements.—
(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 minimum building code and with s. 633.206, which pertains to uniform firesafety standards.
(2) Upon notification by the local authority having jurisdiction over life-threatening violations which seriously threaten the health, safety, or welfare of a resident of a facility, the agency shall take action as specified in s. 429.14.
History.—s. 17, ch. 75-233; s. 3, ch. 79-152; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 30, 38, 39, ch. 93-216; s. 14, ch. 95-418; s. 7, ch. 98-148; ss. 2, 57, ch. 2006-197; s. 138, ch. 2013-183; s. 34, ch. 2015-4.
Note.—Former s. 400.444.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.445 - Compliance with local zoning requirements.

429.445 Compliance with local zoning requirements.—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 licensed capacity of less than 15 persons shall comply with the provisions of chapter 419.
History.—s. 2, ch. 85-251; s. 24, ch. 91-263; ss. 31, 39, ch. 93-216; s. 2, ch. 2006-197.
Note.—Former s. 400.4445.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.47 - Prohibited acts; penalties for violation.

429.47 Prohibited acts; penalties for violation.—
(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 freestanding facility shall not advertise or imply that any part of it is a nursing home. For the purpose of this subsection, “freestanding facility” means a facility that is not operated in conjunction with a nursing home to which residents of the facility are given priority when nursing care is required. A person who violates this subsection is subject to fine as specified in s. 429.19.
(3) Any facility which is affiliated with any religious organization or which has a name implying religious affiliation shall include in its advertising whether or not it is affiliated with any religious organization and, if so, which organization.
(4) A facility licensed under this part which is not part of a facility authorized under chapter 651 shall include the facility’s license number as given by the agency in all advertising. A company or person owning more than one facility shall include at least one license number per advertisement. All advertising shall include the term “assisted living facility” before the license number.
History.—s. 18, ch. 75-233; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; s. 14, ch. 87-371; s. 25, ch. 91-263; ss. 32, 38, 39, ch. 93-216; s. 18, ch. 95-210; s. 217, ch. 99-13; ss. 2, 58, ch. 2006-197; s. 158, ch. 2007-230.
Note.—Former s. 400.447.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.49 - Resident records; penalties for alteration.

429.49 Resident records; penalties for alteration.—
(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 conviction under subsection (1) is also grounds for restriction, suspension, or termination of license privileges.
History.—s. 48, ch. 2001-45; s. 2, ch. 2006-197.
Note.—Former s. 400.449.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.53 - Consultation by the agency.

429.53 Consultation by the agency.—
(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” includes:
(a) An explanation of the requirements of this part and rules adopted pursuant thereto;
(b) An explanation of the license application and renewal procedures;
(c) The provision of a checklist of general local and state approvals required prior to constructing or developing a facility and a listing of the types of agencies responsible for such approvals;
(d) An explanation of benefits and financial assistance available to a recipient of supplemental security income residing in a facility;
(e) Any other information which the agency deems necessary to promote compliance with the requirements of this part; and
(f) A preconstruction review of a facility to ensure compliance with agency rules and this part.
(3) The agency may charge a fee commensurate with the cost of providing consultation under this section.
History.—ss. 15, 19, ch. 87-371; s. 22, ch. 89-294; ss. 34, 38, 39, ch. 93-216; s. 2, ch. 2006-197.
Note.—Former s. 400.453.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part I - Assisted Living Facilities (Ss. 429.01-429.55) › 429.54 - Collection of information; local subsidy.

429.54 Collection of information; local subsidy.—
(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 sampled facilities shall submit such reports, audits, and accountings of cost as the agency may require by rule; provided that such reports, audits, and accountings shall be the minimum necessary to implement this section. Any facility selected to participate in the study shall cooperate with the agency by providing cost of operation information to interviewers.
(2) Local governments or organizations may contribute to the cost of care of local facility residents by further subsidizing the rate of state-authorized payment to such facilities. Implementation of local subsidy requires agency approval and may not result in reductions in the state supplement.
History.—ss. 12, 35, ch. 80-198; s. 2, ch. 81-318; ss. 75, 79, 83, ch. 83-181; s. 53, ch. 83-218; ss. 38, 39, ch. 93-216; s. 2, ch. 2006-197; s. 21, ch. 2019-11.
Note.—Former s. 400.454.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part II - Adult Family-Care Homes (Ss. 429.60-429.87) › 429.60 - Short title.

429.60 Short title.—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.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part II - Adult Family-Care Homes (Ss. 429.60-429.87) › 429.63 - Legislative intent; purpose.

429.63 Legislative intent; purpose.—
(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 or family in a private home. The adult family-care home provider must live in the home. The purpose of this part is to provide for the health, safety, and welfare of residents of adult family-care homes in the state.
(3) The Legislature recognizes that adult family-care homes are an important part of the continuum of long-term care. The personal care available in these homes, which may be provided directly or through contract or agreement, is intended to help residents remain as independent as possible in order to delay or avoid placement in a nursing home or other institution. Regulations governing adult family-care homes must be sufficiently flexible to allow residents to age in place if resources are available to meet their needs and accommodate their preferences.
(4) The Legislature further finds and declares that licensure under this part is a public trust and a privilege, and not an entitlement. This principle must guide the finder of fact or trier of law at any administrative proceeding or circuit court action initiated by the agency to enforce this part.
(5) Rules of the agency relating to adult family-care homes shall be as minimal and flexible as possible to ensure the protection of residents while minimizing the obstacles that could inhibit the establishment of adult family-care homes.
History.—ss. 1, 2, ch. 85-195; s. 4, ch. 91-429; s. 3, ch. 93-209; s. 2, ch. 98-338; s. 3, ch. 2006-197; s. 22, ch. 2019-11.
Note.—Former s. 400.617.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part II - Adult Family-Care Homes (Ss. 429.60-429.87) › 429.69 - Denial, revocation, and suspension of a license.

429.69 Denial, revocation, and suspension of a license.—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 fire code violations that threaten the health, safety, or welfare of residents.
History.—ss. 58, 71, ch. 98-171; s. 5, ch. 98-338; s. 25, ch. 2001-53; s. 2, ch. 2001-67; s. 148, ch. 2001-277; s. 26, ch. 2004-267; s. 3, ch. 2006-197; s. 103, ch. 2007-5; s. 161, ch. 2007-230; s. 31, ch. 2010-114.
Note.—Former s. 400.6194.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part II - Adult Family-Care Homes (Ss. 429.60-429.87) › 429.75 - Training and education programs.

429.75 Training and education programs.—
(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 in an adult family-care home.
(b) Identifying and reporting abuse, neglect, and exploitation.
(c) Identifying and meeting the special needs of disabled adults and frail elders.
(d) Monitoring the health of residents, including guidelines for prevention and care of pressure ulcers.
(3) Providers must complete the training and education program within a reasonable time determined by the agency. Failure to complete the training and education program within the time set by the agency is a violation of this part and subjects the provider to revocation of the license.
(4) If the Department of Children and Families or the agency determines that there are problems in an adult family-care home which could be reduced through specific training or education beyond that required under this section, the agency may require the provider or staff to complete such training or education.
(5) The agency may adopt rules as necessary to administer this section.
History.—s. 8, ch. 93-209; s. 66, ch. 95-418; s. 11, ch. 98-148; s. 8, ch. 98-338; s. 4, ch. 2003-405; s. 3, ch. 2006-197; s. 254, ch. 2014-19; s. 58, ch. 2018-110; s. 26, ch. 2019-11.
Note.—Former s. 400.6211.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part II - Adult Family-Care Homes (Ss. 429.60-429.87) › 429.81 - Residency agreements.

429.81 Residency agreements.—
(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 agreement, and the provider must keep the residency agreement on file for 5 years after expiration of the agreement.
(2) Each residency agreement must specify the personal care and accommodations to be provided by the adult family-care home, the rates or charges, a requirement of at least 30 days’ notice before a rate increase, and any other provisions required by rule of the agency.
History.—s. 11, ch. 93-209; s. 10, ch. 98-338; s. 3, ch. 2006-197; s. 27, ch. 2019-11.
Note.—Former s. 400.625.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part II - Adult Family-Care Homes (Ss. 429.60-429.87) › 429.83 - Residents with Alzheimer’s disease or other related disorders; training; certain disclosures.

429.83 Residents with Alzheimer’s disease or other related disorders; training; certain disclosures.—
(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 in its advertisements or in a separate document those services that distinguish the care as being especially applicable to, or suitable for, such persons. The home must give a copy of all such advertisements or a copy of the document to each person who requests information about programs and services for persons with Alzheimer’s disease or other related disorders offered by the home and must maintain a copy of all such advertisements and documents in its records. The agency shall examine all such advertisements and documents in the home’s records as part of the license renewal procedure.
History.—s. 6, ch. 93-105; s. 31, ch. 97-100; s. 11, ch. 98-338; s. 3, ch. 2006-197; s. 10, ch. 2023-278.
Note.—Former s. 400.6255.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.90 - Purpose.

429.90 Purpose.—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 that provides as noninstitutional an atmosphere as possible.
History.—s. 1, ch. 78-336; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 1, 17, ch. 93-215; s. 4, ch. 2006-197.
Note.—Former s. 400.55.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.901 - Definitions.

429.901 Definitions.—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 who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services.
(2) “Agency” means the Agency for Health Care Administration.
(3) “Basic services” include, but are not limited to, providing a protective setting that is as noninstitutional as possible; therapeutic programs of social and health activities and services; leisure activities; self-care training; rest; nutritional services; and respite care.
(4) “Department” means the Department of Elderly Affairs.
(5) “Multiple or repeated violations” means 2 or more violations that present an imminent danger to the health, safety, or welfare of participants or 10 or more violations within a 5-year period that threaten the health, safety, or welfare of the participants.
(6) “Operator” means the licensee or person having general administrative charge of an adult day care center.
(7) “Owner” means the licensee of an adult day care center.
(8) “Participant” means a recipient of basic services or of supportive and optional services provided by an adult day care center.
(9) “Supportive and optional services” include, but are not limited to, speech, occupational, and physical therapy; direct transportation; legal consultation; consumer education; and referrals for followup services.
History.—s. 2, ch. 78-336; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 2, 17, ch. 93-215; s. 55, ch. 95-418; s. 4, ch. 2006-197; s. 165, ch. 2007-230.
Note.—Former s. 400.551.