Florida Statutes Part I - Assisted Living Facilities (Ss. 429.01-429.55)
- 429.01 - Short Title; Purpose.
(1) This act may be cited as the “Assisted Living Facilities Act.”(2) The purpose of this act is to promote the availability of appropriate services for elderly...
- 429.02 - Definitions.
When used in this part, the term:(1) “Activities of daily living” means functions and tasks for self-care, including ambulation, bathing, dressing, eating, grooming, and toileting, and...
- 429.04 - Facilities To Be Licensed; Exemptions.
(1) For the administration of this part, facilities to be licensed by the agency shall include all assisted living facilities as defined in this part.(2) The following...
- 429.07 - License Required; Fee.
(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...
- 429.075 - Limited Mental Health License.
An assisted living facility that serves one or more mental health residents must obtain a limited mental health license.(1) To obtain a limited mental health license,...
- 429.08 - Unlicensed Facilities; Referral Of Person For Residency To Unlicensed Facility; Penalties.
(1)(a) This section applies to the unlicensed operation of an assisted living facility in addition to the requirements of part II of chapter 408.(b) Except as provided...
- 429.11 - Initial Application For License; Provisional License.
(1) Each applicant for licensure must comply with all provisions of part II of chapter 408 and must:(a) Identify all other homes or facilities, including the addresses...
- 429.12 - Sale Or Transfer Of Ownership Of A Facility.
It is the intent of the Legislature to protect the rights of the residents of an assisted living facility when the facility is sold or...
- 429.14 - Administrative Penalties.
(1) In addition to the requirements of part II of chapter 408, the agency may deny, revoke, and suspend any license issued under this part and...
- 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...
- 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....
- 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...
- 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...
- 429.178 - Special Care For Persons With Alzheimer’s Disease Or Other Related Disorders.
(1) 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:(a)1. If...
- 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...
- 429.19 - Violations; Imposition Of Administrative Fines; Grounds.
(1) In addition to the requirements of part II of chapter 408, the agency shall impose an administrative fine in the manner provided in chapter 120...
- 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...
- 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...
- 429.22 - Receivership Proceedings.
(1) As an alternative to or in conjunction with an injunctive proceeding, the agency may petition a court of competent jurisdiction for the appointment of a...
- 429.23 - Internal Risk Management And Quality Assurance Program; Adverse Incidents And Reporting Requirements.
(1) Every facility licensed under this part may, as part of its administrative functions, voluntarily establish a risk management and quality assurance program, the purpose of...
- 429.24 - Contracts.
(1) The presence of each resident in a facility shall be covered by a contract, executed at the time of admission or prior thereto, between the...
- 429.255 - Use Of Personnel; Emergency Care.
(1)(a) Persons under contract to the facility, facility staff, or volunteers, who are licensed according to part I of chapter 464, or those persons exempt under...
- 429.256 - Assistance With Self-administration Of Medication.
(1) For the purposes of this section, the term:(a) “Informed consent” means advising the resident, or the resident’s surrogate, guardian, or attorney in fact, that an assisted...
- 429.26 - Appropriateness Of Placements; Examinations Of Residents.
(1) The owner or administrator of a facility is responsible for determining the appropriateness of admission of an individual to the facility and for determining the...
- 429.27 - Property And Personal Affairs Of Residents.
(1)(a) A resident shall be given the option of using his or her own belongings, as space permits; choosing his or her roommate; and, whenever possible,...
- 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...
- 429.28 - Resident Bill Of Rights.
(1) No resident of a facility shall be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, the Constitution of the State...
- 429.29 - Civil Actions To Enforce Rights.
(1) Any person or resident whose rights as specified in this part are violated shall have a cause of action. The action may be brought by...
- 429.293 - Presuit Notice; Investigation; Notification Of Violation Of Residents’ Rights Or Alleged Negligence; Claims Evaluation Procedure; Informal Discovery; Review; Settlement Offer; Mediation.
(1) As used in this section, the term:(a) “Claim for residents’ rights violation or negligence” means a negligence claim alleging injury to or the death of a...
- 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...
- 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...
- 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...
- 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...
- 429.298 - Punitive Damages; Limitation.
(1)(a) Except as provided in paragraphs (b) and (c), an award of punitive damages may not exceed the greater of:1. Three times the amount of compensatory damages...
- 429.31 - Closing Of Facility; Notice; Penalty.
(1) In addition to the requirements of part II of chapter 408, the facility shall inform each resident or the next of kin, legal representative, or...
- 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 department, the Department of Children and Families, the Medicaid...
- 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...
- 429.41 - Rules Establishing Standards.
(1) It is the intent of the Legislature that rules published and enforced pursuant to this section shall include criteria by which a reasonable and consistent...
- 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...
- 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,...
- 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...
- 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...
- 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...
- 429.52 - Staff Training And Educational Programs; Core Educational Requirement.
(1) Effective October 1, 2015, each new assisted living facility employee who has not previously completed core training must attend a preservice orientation provided by the...
- 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...
- 429.54 - Collection Of Information; Local Subsidy.
(1) To enable the department to collect the information requested by the Legislature regarding the actual cost of providing room, board, and personal care in facilities,...
- 429.55 - Consumer Information Website.
The Legislature finds that consumers need additional information on the quality of care and service in assisted living facilities in order to select the best...
Last modified: September 23, 2016