reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.903 - Applicability.

429.903 Applicability.—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; s. 105, ch. 2007-5.
Note.—Former s. 400.552.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.905 - Exemptions; monitoring of adult day care center programs colocated with assisted living facilities or licensed nursing home facilities.

429.905 Exemptions; monitoring of adult day care center programs colocated with assisted living facilities or licensed nursing home facilities.—
(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 patients only.
(2) A licensed assisted living facility, a licensed hospital, or a licensed nursing home facility may provide services during the day which include, but are not limited to, social, health, therapeutic, recreational, nutritional, and respite services, to adults who are not residents. Such a facility need not be licensed as an adult day care center; however, the agency must monitor the facility during the regular inspection to ensure adequate space and sufficient staff. If an assisted living facility, a hospital, or a nursing home holds itself out to the public as an adult day care center, it must be licensed as such and meet all standards prescribed by statute and rule. For the purpose of this subsection, the term “day” means any portion of a 24-hour day.
History.—s. 4, ch. 78-336; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; s. 6, ch. 88-235; ss. 4, 17, ch. 93-215; s. 20, ch. 95-210; s. 4, ch. 2006-197; s. 30, ch. 2012-160; s. 49, ch. 2020-156.
Note.—Former s. 400.553.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.907 - License requirement; fee; exemption; display.

429.907 License requirement; fee; exemption; display.—
(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 part. A license issued by the agency is required in order to operate an adult day care center in this state.
(2)(a) Except as otherwise provided in this subsection, separate licenses are required for centers operated on separate premises, even though operated under the same management. Separate licenses are not required for separate buildings on the same premises.
(b) If a licensed center becomes wholly or substantially unusable due to a disaster or due to an emergency as those terms are defined in s. 252.34:
1. The licensee may continue to operate under its current license in premises separate from that authorized under the license if the licensee has:
a. Specified the location of the premises in its comprehensive emergency management plan submitted to and approved by the applicable county emergency management authority; and
b. Notified the agency and the county emergency management authority within 24 hours of operating in the separate premises.
2. The licensee shall operate the separate premises only while the licensed center’s original location is substantially unusable and for up to 180 days. The agency may extend use of the alternate premises beyond the initial 180 days. The agency may also review the operation of the disaster premises quarterly.
(3) In accordance with s. 408.805, an applicant or licensee shall pay a fee for each license application submitted under this part and part II of chapter 408. The amount of the fee shall be established by rule and may not exceed $150.
(4) County-operated or municipally operated centers applying for licensure under this part are exempt from the payment of license fees.
History.—s. 5, ch. 78-336; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 5, 17, ch. 93-215; s. 4, ch. 2006-197; s. 2, ch. 2007-219; s. 166, ch. 2007-230; s. 119, ch. 2008-4; s. 344, ch. 2011-142.
Note.—Former s. 400.554.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.909 - Application for license.

429.909 Application for license.—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 and optional services to be provided and proof of adequate liability insurance coverage.
History.—s. 6, ch. 78-336; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 6, 17, ch. 93-215; s. 50, ch. 98-171; s. 4, ch. 2006-197; s. 106, ch. 2007-5; s. 167, ch. 2007-230.
Note.—Former s. 400.555.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.911 - Denial, suspension, revocation of license; emergency action; administrative fines; investigations and inspections.

429.911 Denial, suspension, revocation of license; emergency action; administrative fines; investigations and inspections.—
(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 provision of this part, part II of chapter 408, or applicable rules.
(2) Each of the following actions by the owner of an adult day care center or by its operator or employee is a ground for action by the agency against the owner of the center or its operator or employee:
(a) An intentional or negligent act materially affecting the health or safety of center participants.
(b) A violation of this part or of any standard or rule under this part or part II of chapter 408.
(c)  Failure to comply with the background screening standards of this part, s. 408.809(1), or chapter 435.
(d) Failure to follow the criteria and procedures provided under part I of chapter 394 relating to the transportation, voluntary admission, and involuntary examination of center participants.
(e) Multiple or repeated violations of this part or of any standard or rule adopted under this part or part II of chapter 408.
(3) The agency is responsible for all investigations and inspections conducted pursuant to this part and s. 408.811.
History.—s. 7, ch. 78-336; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 7, 17, ch. 93-215; s. 40, ch. 96-169; s. 51, ch. 98-171; s. 143, ch. 98-403; s. 16, ch. 2004-267; ss. 4, 63, ch. 2006-197; s. 168, ch. 2007-230; s. 32, ch. 2010-114.
Note.—Former s. 400.556.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.913 - Administrative fines.

429.913 Administrative fines.—
(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 make a reasonable attempt to discuss with the owner each violation and recommended corrective action prior to providing the owner with written notification. The agency may request the submission of a corrective action plan for the center which demonstrates a good faith effort to remedy each violation by a specific date, subject to the approval of the agency.
(b) The owner of a center or its operator or employee found in violation of this part, part II of chapter 408, or applicable rules may be fined by the agency. A fine may not exceed $500 for each violation. In no event, however, may such fines in the aggregate exceed $5,000.
(c) The failure to correct a violation by the date set by the agency, or the failure to comply with an approved corrective action plan, is a separate violation for each day such failure continues, unless the agency approves an extension to a specific date.
(2) In determining whether to impose a fine and in fixing the amount of any fine, the agency shall consider the following factors:
(a) The gravity of the violation, including the probability that death or serious physical or emotional harm to a participant will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated.
(b) Actions taken by the owner or operator to correct violations.
(c) Any previous violations.
(d) The financial benefit to the center of committing or continuing the violation.
History.—ss. 64, 83, ch. 83-181; ss. 8, 17, ch. 93-215; s. 4, ch. 2006-197; s. 169, ch. 2007-230.
Note.—Former s. 400.5565.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.915 - Conditional license.

429.915 Conditional license.—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 issued under this subsection must be limited to a specific period not exceeding 6 months, as determined by the agency, and must be accompanied by an approved plan of correction.
History.—s. 8, ch. 78-336; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 9, 17, ch. 93-215; s. 52, ch. 98-171; s. 27, ch. 2003-57; s. 4, ch. 2006-197; s. 107, ch. 2007-5; s. 170, ch. 2007-230.
Note.—Former s. 400.557.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.917 - Patients with Alzheimer’s disease or other related disorders; staff training requirements; certain disclosures.

429.917 Patients with Alzheimer’s disease or other related disorders; staff training requirements; certain disclosures.—
(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 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 center must give a copy of all such advertisements or a copy of the document to each person who requests information about the center 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 center’s records as part of the license renewal procedure. An adult day care center may not claim to be licensed or designated to provide specialized Alzheimer’s services unless the adult day care center’s license has been designated as such pursuant to s. 429.918.
History.—s. 4, ch. 93-105; s. 3, ch. 2003-271; s. 4, ch. 2006-197; s. 1, ch. 2012-43; s. 11, ch. 2023-278.
Note.—Former s. 400.5571.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.919 - Background screening.

429.919 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. 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, 64, ch. 2006-197; s. 108, ch. 2007-5; s. 171, ch. 2007-230; s. 33, ch. 2010-114.
Note.—Former s. 400.5572.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.925 - Discontinuance of operation of adult day care centers.

429.925 Discontinuance of operation of adult day care centers.—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 discontinuance of operation.
History.—s. 10, ch. 78-336; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 12, 17, ch. 93-215; s. 4, ch. 2006-197; s. 174, ch. 2007-230.
Note.—Former s. 400.559.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.927 - Right of entry and inspection.

429.927 Right of entry and inspection.—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 rules.
History.—s. 11, ch. 78-336; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 13, 17, ch. 93-215; s. 4, ch. 2006-197; s. 175, ch. 2007-230.
Note.—Former s. 400.56.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.929 - Rules establishing standards.

429.929 Rules establishing standards.—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. Such standards must relate to:
(1) The maintenance of adult day care centers with respect to plumbing, heating, lighting, ventilation, and other building conditions, including adequate meeting space, to ensure the health, safety, and comfort of participants and protection from fire hazard. Such standards may not conflict with chapter 553 and must be based upon the size of the structure and the number of participants.
(2) The number and qualifications of all personnel employed by adult day care centers who have responsibilities for the care of participants.
(3) All sanitary conditions within adult day care centers and their surroundings, including water supply, sewage disposal, food handling, and general hygiene, and maintenance of sanitary conditions, to ensure the health and comfort of participants.
(4) Basic services provided by adult day care centers.
(5) Supportive and optional services provided by adult day care centers.
(6) Data and information relative to participants and programs of adult day care centers, including, but not limited to, the physical and mental capabilities and needs of the participants, the availability, frequency, and intensity of basic services and of supportive and optional services provided, the frequency of participation, the distances traveled by participants, the hours of operation, the number of referrals to other centers or elsewhere, and the incidence of illness.
(7) Components of a comprehensive emergency management plan, developed in consultation with the Department of Health and the Division of Emergency Management.
History.—ss. 13, 18, ch. 78-336; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 14, 17, ch. 93-215; s. 56, ch. 95-418; s. 61, ch. 2001-45; s. 4, ch. 2006-197; s. 176, ch. 2007-230; s. 345, ch. 2011-142; s. 28, ch. 2019-11; s. 50, ch. 2020-156.
Note.—Former s. 400.562.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 429 - Assisted Care Communities › Part III - Adult Day Care Centers (Ss. 429.90-429.931) › 429.931 - Construction and renovation; requirements.

429.931 Construction and renovation; requirements.—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 persons, and the state minimum building codes.
History.—s. 14, ch. 78-336; s. 4, ch. 79-152; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 15, 17, ch. 93-215; s. 4, ch. 2006-197.
Note.—Former s. 400.563.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.01 - Short Title.

430.01 Short title.—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.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.02 - Legislative Intent.

430.02 Legislative intent.—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 of maximum independence and quality of life and minimum levels of social dependence.
(3) Support and promote the efforts of families and other caregivers in assisting elderly persons.
(4) Promote intergenerational activities that will provide citizens of all ages opportunities to enjoy the enriching benefits of interaction and that will promote unity and support for one another.
(5) Ensure that state government functions effectively and efficiently in serving the elderly through coordination of policy development, planning, and service delivery by all state agencies relating to the elderly population of the state.
(6) Ensure that elderly citizens are able to secure prompt, adequate, and accurate information and assistance regarding, but not limited to, health, social welfare, long-term care, protective services, consumer protection, education and training, housing, employment, recreation, transportation, insurance, and retirement.
(7) Organize the Department of Elderly Affairs as the state agency that has lead responsibility for administering human service programs for the elderly and for developing policy recommendations for long-term care.
History.—s. 5, ch. 91-115; s. 78, ch. 95-418.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.03 - Purposes.

430.03 Purposes.—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 understanding of the potentials and needs of elderly persons.
(3) Study and plan for programs and services to meet identified and projected needs and to provide opportunities for personal development and achievement of persons aged 60 years and older.
(4) Advocate quality programs and services for the state’s elderly population and on behalf of the individual citizen’s needs.
(5) Coordinate interdepartmental policy development and program planning for all state agencies that provide services for the elderly population in order to prevent duplicative efforts, to maximize utilization of resources, and to ensure cooperation, communication, and departmental linkages.
(6) Recommend state and local level organizational models for the planning, coordination, implementation, and evaluation of programs serving the elderly population.
(7) Oversee implementation of federally funded and state-funded programs and services for the state’s elderly population.
(8) Recommend legislative budget requests for programs and services for the state’s elderly population.
(9) Serve as a state-level information clearinghouse and encourage the development of local-level identifiable points of information and referral regarding all federal, state, and local resources of assistance to elderly citizens.
(10) Assist elderly persons to secure needed services in accordance with personal choice and in a manner that achieves or maintains autonomy and prevents, reduces, or eliminates dependency.
(11) Promote the maintenance and improvement of the physical well-being and mental health of elderly persons.
(12) Promote opportunities for volunteerism among the elderly population.
(13) Promote the prevention of neglect, abuse, or exploitation of elderly persons unable to protect their own interests.
(14) Eliminate and prevent inappropriate institutionalization of elderly persons by promoting community-based care, home-based care, or other forms of less intensive care.
(15) Aid in the support of families and other caregivers of elderly persons.
(16) Promote intergenerational relationships.
(17) Oversee aging research conducted or funded by any state agency to ensure that such activities are coordinated and directed to fulfill the intent and purposes of this act.
History.—s. 5, ch. 91-115; s. 79, ch. 95-418.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.0401 - Annual Report Summarizing Monitoring Activities.

430.0401 Annual report summarizing monitoring activities.—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 must include information about each area agency’s compliance with state and federal rules pertaining to all programs administered by the area agency, information about each area agency’s financial management of state and federally funded programs, information about each agency’s compliance with the terms of its contracts with the department, and a summary of corrective action required by the department.
History.—s. 1, ch. 2004-386.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.07 - Office of Volunteer Community Service.

430.07 Office of Volunteer Community Service.—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) Determine which services needed by elderly persons are not being provided.
(4) Determine which services currently not being provided can be provided by older persons acting as volunteers.
(5) Identify those state rules and policies which restrict volunteer service by or for older persons and propose corrective actions.
(6) Identify methods of promoting volunteer service by and for older persons.
(7) Develop a comprehensive volunteer program that includes an intergenerational component and draws on the strengths and skills of the state’s older population and, to the extent possible, implements the volunteer service credit program.
(8) Encourage contributions and grants through private, state, and federal sources for the purpose of promoting, implementing, or evaluating volunteer programs by or for older persons.
(9) Encourage volunteerism by elders regardless of socioeconomic status. In order to accomplish this, notwithstanding any other provision of law, the office is authorized to provide to those volunteers whose presence is determined to be necessary to the department direct payment of lodging and transportation expenses to a vendor on behalf of such volunteer, or prepayment, or reimbursement of lodging and transportation expenses directly to such volunteer. The office shall not expend or authorize an expenditure in excess of the amount appropriated in any fiscal year.
History.—s. 5, ch. 91-115; s. 2, ch. 2003-67.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.08 - Rulemaking.

430.08 Rulemaking.—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.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.101 - Administration of Federal Aging Programs.

430.101 Administration of federal aging programs.—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 Government relating to the aging, by virtue of funds appropriated through the Older Americans Act of 1965 and subsequent amendments, requiring actions within the state which are not the specific responsibility of another state agency under the provisions of federal or state law. Authority is hereby conferred on the department to accept and use any funds in accordance with established state budgetary procedures which might become available pursuant to the purposes set out herein.
History.—s. 1, ch. 70-255; s. 115, ch. 71-355; s. 286, ch. 77-147; s. 18, ch. 78-433; s. 70, ch. 95-418.
Note.—Former s. 409.360; s. 410.011.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.105 - Confidentiality of Information.

430.105 Confidentiality of information.—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 Constitution. Such information may be disclosed:
(1) To another governmental entity for the purpose of administering the department’s programs for the elderly; or
(2) If the affected individual or his or her legal representative provides written consent.
History.—s. 1, ch. 2001-194; s. 1, ch. 2006-112.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.201 - Short Title.

430.201 Short title.—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.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.202 - Community Care for the Elderly; Legislative Intent.

430.202 Community care for the elderly; legislative intent.—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 community-based services. The Legislature intends that a continuum of care be established so that functionally impaired elderly persons age 60 and older may be assured the least restrictive environment suitable to their needs. The development of innovative approaches to program management, staff training, and service delivery which have an impact on cost-avoidance, cost-effectiveness, and program efficiency is encouraged.
History.—s. 2, ch. 73-343; s. 1, ch. 76-51; s. 146, ch. 77-104; s. 18, ch. 78-433; s. 2, ch. 80-181; s. 30, ch. 95-418.
Note.—Former s. 409.3622; s. 410.022.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.207 - Confidentiality of Information.

430.207 Confidentiality of information.—Information about functionally impaired elderly persons who receive services under ss. 430.201-430.2053 and 430.902 which is received through files, reports, inspections, or otherwise, by the department or by authorized departmental employees, by persons who volunteer services, or by persons who provide services to functionally impaired elderly persons under ss. 430.201-430.2053 and 430.902 through contracts with the department is confidential and exempt from the provisions of s. 119.07(1). Such information may not be disclosed publicly in such a manner as to identify a functionally impaired elderly person, unless that person or his or her legal guardian provides written consent.
History.—s. 9, ch. 91-71; s. 35, ch. 95-418; s. 279, ch. 96-406; s. 1047, ch. 97-103; s. 109, ch. 2014-17.
Note.—Former s. 410.0295.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.5015 - Dementia Director.

430.5015 Dementia Director.—
(1) The position of Dementia Director is created within the Department of Elderly Affairs. The Secretary of Elderly Affairs shall appoint the director who shall serve at the pleasure of the secretary.
(2) The director may call upon appropriate agencies of state government for assistance as is needed pursuant to s. 430.04(13).
(3) The director shall:
(a) Facilitate coordination and support of policies and programs in the Legislature and the executive branch, including agencies of the executive branch, which relate to Alzheimer’s disease and related forms of dementia.
(b) Facilitate coordination and support for the Alzheimer’s Disease Advisory Committee and the implementation of and updates to the Alzheimer’s disease state plan pursuant to s. 430.501(3)(b)8.
(c) Provide support to memory disorder clinics to help the clinics meet or exceed the minimum performance standards under s. 430.502(3).
(d) Facilitate and support coordination of outreach programs and services between agencies, memory disorder clinics, area agencies on aging, and other interested groups for the purpose of fostering public awareness and education regarding Alzheimer’s disease and related forms of dementia.
(e) Facilitate coordination of services and activities between groups interested in dementia research, programs, and services, including, but not limited to, area agencies on aging, service providers, advocacy groups, legal services, emergency personnel, law enforcement, and state colleges and universities.
(f) Collect and monitor data related to the impact of Alzheimer’s disease in the state.
History.—s. 2, ch. 2020-45.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.503 - Alzheimer’s Disease Initiative; Fees and Administrative Expense.

430.503 Alzheimer’s Disease Initiative; fees and administrative expense.—
(1) Sections 430.501-430.504 may be cited as the “Alzheimer’s Disease Initiative.”
(2) Provider agencies are responsible for the collection of fees for services in accordance with rules adopted by the department. Provider agencies shall assess fees for services rendered in accordance with those rules. To help pay for services received pursuant to the Alzheimer’s Disease Initiative, a functionally impaired elderly person shall be assessed a fee based on an overall ability to pay. The fee to be assessed shall be fixed according to a schedule to be established by the department. Services of specified value may be accepted in lieu of a fee. The fee schedule shall be developed in cooperation with the Alzheimer’s Disease Advisory Committee, area agencies on aging, and service providers.
History.—s. 38, ch. 95-418.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.504 - Confidentiality of Information.

430.504 Confidentiality of information.—Information about clients of programs created or funded under s. 430.501 or s. 430.503 which is received through files, reports, inspections, or otherwise, by the department or by authorized departmental employees, by persons who volunteer services, or by persons who provide services to clients of programs created or funded under s. 430.501 or s. 430.503 through contracts with the department is confidential and exempt from the provisions of s. 119.07(1). Such information may not be disclosed publicly in such a manner as to identify a person who receives services under s. 430.501 or s. 430.503, unless that person or that person’s legal guardian provides written consent.
History.—s. 12, ch. 91-71; s. 39, ch. 95-418; s. 280, ch. 96-406.
Note.—Former s. 410.403.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.6001 - Comprehensive Day Treatment Services; Demonstration Projects.

430.6001 Comprehensive day treatment services; demonstration projects.—The Department of Elderly Affairs is authorized to initiate projects to demonstrate the effectiveness of comprehensive day treatment services to seniors as a diversion from nursing home care, thereby allowing seniors to remain in their homes.
History.—s. 2, ch. 99-394.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.601 - Home Care for the Elderly; Legislative Intent.

430.601 Home care for the elderly; legislative intent.—It is the intent of the Legislature to encourage the provision of care for the elderly in family-type living arrangements in private homes as an alternative to institutional or nursing home care for such persons. The provisions of ss. 430.601-430.606 are intended to be supplemental to the provisions of chapters 400 and 429, relating to the licensing and regulation of nursing homes and assisted living facilities, and do not exempt any person who is otherwise subject to regulation under those chapters.
History.—s. 81, ch. 95-418; s. 87, ch. 2006-197.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.602 - Home Care for the Elderly; Definitions.

430.602 Home care for the elderly; definitions.—As used in ss. 430.601-430.606:
(1) “Department” means the Department of Elderly Affairs.
(2) “Elderly person” means any person 60 years of age or over who is currently a resident of this state and has an intent to remain in this state.
(3) “Home care for the elderly” means a full-time family-type living arrangement, in a private home, under which a person or group of persons provides, on a nonprofit basis, basic services of maintenance and supervision, and any necessary specialized services as may be needed, for three or fewer elderly persons.
History.—s. 82, ch. 95-418.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.603 - Home Care for the Elderly; Rules.

430.603 Home care for the elderly; rules.—The department shall by rule establish minimum standards and procedures for the provision of home care for the elderly and for the approval of persons seeking to provide such care. Any person who is approved to provide care, goods, or services for an elderly person shall be eligible for the subsidy payments described in s. 430.605. However, the home care for the elderly program must be operated within the funds appropriated by the Legislature.
History.—s. 83, ch. 95-418.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.604 - Department Determination of Inability to Provide Home Care.

430.604 Department determination of inability to provide home care.—If a person who plans to provide home care under ss. 430.601-430.606 is found by the department, or its designee, to be unable to provide this care, the department must notify the person seeking to provide home care of this determination, and the person is not eligible for subsidy payments under ss. 430.601-430.606.
History.—s. 84, ch. 95-418.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.605 - Subsidy Payments.

430.605 Subsidy payments.—The department shall develop a schedule of subsidy payments to be made to persons providing home care, and to providers of goods and services, for certain eligible elderly persons. Payments must be based on the financial status of the person receiving care. Payments must include, but need not be limited to:
(1) A support and maintenance element, including costs of housing, food, clothing, and incidentals.
(2) Payments for medical, pharmaceutical, and dental services essential to maintain the health of the elderly person and not covered by Medicare, Medicaid, or any form of insurance.
(3) When necessary, special supplements to provide for any goods and services and specialized care required to maintain the health and well-being of the elderly person. Extraordinary medical, dental, or pharmaceutical expenses may be paid as a special supplement.
History.—s. 85, ch. 95-418.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.608 - Confidentiality of Information.

430.608 Confidentiality of information.—
(1) Identifying information about elderly persons who receive services under ss. 430.601-430.606, which is received through files, reports, inspection, or otherwise by the department or by authorized departmental employees, by persons who volunteer services, or by persons who provide services to elderly persons under ss. 430.601-430.606 through contracts with the department, is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such information may not be disclosed publicly in such a manner as to identify an elderly person, unless that person or the person’s legal guardian provides written consent.
(2) This section does not, however, limit the subpoena authority of the Medicaid Fraud Control Unit of the Department of Legal Affairs pursuant to s. 409.920(10)(b).
History.—s. 1, ch. 95-273; s. 281, ch. 96-406; s. 8, ch. 2000-163; s. 25, ch. 2004-344; s. 34, ch. 2009-223.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.901 - Multiservice Senior Center; Definition; Purpose.

430.901 Multiservice senior center; definition; purpose.—A “multiservice senior center” is:
(1) A community facility that is a focal point for the organization and provision of a broad spectrum of services suited to the diverse needs and interests of independent older persons, which may include nutritional meals; health, mental health, social, wellness, respite care, and education services; and recreational activities.
(2) An entity that may partner with an aging resource center to provide for easier access to long-term care services by seniors and their families who reside within the local community.
(3) A setting that provides opportunities that enable participants to stay connected to their communities and their support networks.
(4) Designed to offer preventive screenings, activities, and services that may divert seniors from more extensive in-home services and help reduce, delay, or prevent premature institutionalization.
History.—s. 1, ch. 2005-223.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 430 - Elder Affairs › 430.902 - Multiservice Senior Center.

430.902 Multiservice senior center.—
(1) If practicable, multiservice senior center services shall be available to functionally impaired elderly persons.
(2) If feasible, a multiservice senior center should be centrally located and easily accessible to public transportation. Provision may be made for transporting persons to the center. A center shall be designed to provide ease of access and use by seniors with varying levels of physical abilities.
(3)(a) Each multiservice senior center is encouraged to have on the premises at all times a functioning automated external defibrillator.
(b) Multiservice senior centers that provide automated external defibrillators shall ensure that personnel are properly trained in accordance with s. 401.2915.
(c) The location of each automated external defibrillator shall be registered with a local emergency medical services medical director.
(d) The use of automated external defibrillators by employees and volunteers shall be covered under the provisions of ss. 768.13 and 768.1325.
(4) Multiservice senior centers are encouraged to seek national accreditation by the National Institute of Senior Centers.
History.—ss. 2, 3, ch. 76-51; s. 18, ch. 78-433; s. 7, ch. 80-181; s. 34, ch. 95-418; s. 2, ch. 2004-367; s. 2, ch. 2005-223; s. 68, ch. 2013-18.
Note.—Former s. 409.3629; s. 410.026; s. 430.206.
2023 Florida Statutes › Title XXXI - Labor › Chapter 435 - Employment Screening › 435.01 - Applicability of This Chapter; Statutory References; Rulemaking.

435.01 Applicability of this chapter; statutory references; rulemaking.—
(1)(a) Unless otherwise provided by law, whenever a background screening for employment or a background security check is required by law to be conducted pursuant to this chapter, the provisions of this chapter apply.
(b) Unless expressly provided otherwise, a reference in any section of the Florida Statutes to chapter 435 or to any section or sections or portion of a section of chapter 435 includes all subsequent amendments to chapter 435 or to the referenced section or sections or portions of a section. The purpose of this chapter is to facilitate uniform background screening and, to this end, a reference to this chapter, or to any section or subdivision within this chapter, constitutes a general reference under the doctrine of incorporation by reference.
(2) Agencies may adopt rules to administer this chapter.
History.—s. 47, ch. 95-228; s. 35, ch. 2010-114.
2023 Florida Statutes › Title XXXI - Labor › Chapter 435 - Employment Screening › 435.03 - Level 1 Screening Standards.

435.03 Level 1 screening standards.—
(1) All employees required by law to be screened pursuant to this section must undergo background screening as a condition of employment and continued employment which includes, but need not be limited to, employment history checks and statewide criminal correspondence checks through the Department of Law Enforcement, and a check of the Dru Sjodin National Sex Offender Public Website, and may include local criminal records checks through local law enforcement agencies.
(2) Any person required by law to be screened pursuant to this section must not have an arrest awaiting final disposition, must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under s. 435.04(2) or similar law of another jurisdiction.
(3) The security background investigations under this section must ensure that no person subject to this section has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes domestic violence as defined in s. 741.28, whether such act was committed in this state or in another jurisdiction.
History.—s. 47, ch. 95-228; s. 15, ch. 96-268; s. 21, ch. 96-322; s. 3, ch. 98-417; s. 87, ch. 2000-153; s. 45, ch. 2000-349; s. 62, ch. 2001-62; s. 50, ch. 2003-1; s. 4, ch. 2004-267; s. 3, ch. 2005-119; s. 89, ch. 2006-197; s. 61, ch. 2006-227; s. 109, ch. 2007-5; s. 16, ch. 2008-244; s. 37, ch. 2010-114; s. 34, ch. 2011-4.
2023 Florida Statutes › Title XXXI - Labor › Chapter 435 - Employment Screening › 435.05 - Requirements for Covered Employees and Employers.

435.05 Requirements for covered employees and employers.—Except as otherwise provided by law, the following requirements apply to covered employees and employers:
(1)(a) Every person required by law to be screened pursuant to this chapter must submit a complete set of information necessary to conduct a screening under this chapter.
(b) For level 1 screening, the employer must submit the information necessary for screening to the Department of Law Enforcement within 5 working days after receiving it. The Department of Law Enforcement shall conduct a search of its records and respond to the employer or agency. The employer must inform the employee whether screening has revealed any disqualifying information.
(c) For level 2 screening, the employer or agency must submit the information necessary for screening to the Department of Law Enforcement within 5 working days after receiving it. The Department of Law Enforcement shall perform a criminal history record check of its records and request that the Federal Bureau of Investigation perform a national criminal history record check of its records for each employee for whom the request is made. The Department of Law Enforcement shall respond to the employer or agency, and the employer or agency must inform the employee whether screening has revealed disqualifying information.
(d) The person whose background is being checked must supply any missing criminal or other necessary information upon request to the requesting employer or agency within 30 days after receiving the request for the information.
(2) Every employee must attest, subject to penalty of perjury, to meeting the requirements for qualifying for employment pursuant to this chapter and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer.
(3) Each employer licensed or registered with an agency must conduct level 2 background screening and must submit to the agency annually or at the time of license renewal, under penalty of perjury, a signed attestation attesting to compliance with the provisions of this chapter.
History.—s. 47, ch. 95-228; s. 208, ch. 99-8; s. 46, ch. 2000-349; s. 63, ch. 2001-62; s. 21, ch. 2004-267; s. 67, ch. 2009-223; s. 39, ch. 2010-114; s. 7, ch. 2014-84.
2023 Florida Statutes › Title XXXI - Labor › Chapter 435 - Employment Screening › 435.08 - Payment for Processing of Fingerprints and State Criminal Records Checks.

435.08 Payment for processing of fingerprints and state criminal records checks.—The employer or the employee is responsible for paying the costs of screening. Payment shall be submitted to the Department of Law Enforcement with the request for screening. The appropriate agency is responsible for collecting and paying any fee related to fingerprints retained on its behalf to the Department of Law Enforcement for costs resulting from the fingerprint information retention services. The amount of the annual fee and procedures for the submission and retention of fingerprint information and for the dissemination of search results shall be established by rule of the Department of Law Enforcement.
History.—s. 47, ch. 95-228; s. 209, ch. 99-8; s. 48, ch. 2000-349; s. 42, ch. 2010-114.
2023 Florida Statutes › Title XXXI - Labor › Chapter 435 - Employment Screening › 435.09 - Confidentiality of Personnel Background Check Information.

435.09 Confidentiality of personnel background check information.—No criminal or juvenile information obtained under this section may be used for any purpose other than determining whether persons meet the minimum standards for employment or for an owner or director of a covered service provider. The criminal records and juvenile records obtained by the department or by an employer are exempt from s. 119.07(1).
History.—s. 47, ch. 95-228; s. 282, ch. 96-406; s. 49, ch. 2000-349.
2023 Florida Statutes › Title XXXI - Labor › Chapter 435 - Employment Screening › 435.10 - Sharing of Personnel Information Among Employers.

435.10 Sharing of personnel information among employers.—Every employer of employees covered by this chapter shall furnish copies of personnel records for employees or former employees to any other employer requesting this information pursuant to this section. Information contained in the records may include, but is not limited to, disciplinary matters and any reason for termination. Any employer releasing such records pursuant to this chapter shall be considered to be acting in good faith and may not be held liable for information contained in such records, absent a showing that the employer maliciously falsified such records.
History.—s. 47, ch. 95-228.