(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) Any person who owns, rents, or otherwise maintains a building or property used as an unlicensed assisted living facility commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each day of continued operation is a separate offense.
(c) Any person found guilty of violating paragraph (a) a second or subsequent time commits a felony of the second degree, punishable as provided under s. 775.082, s. 775.083, or s. 775.084. Each day of continued operation is a separate offense.
(d) In addition to the requirements of s. 408.812, any person who owns, operates, or maintains an unlicensed assisted living facility after receiving notice from the agency commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each day of continued operation is a separate offense.
(e) The agency shall publish a list, by county, of licensed assisted living facilities. This information may be provided electronically or through the agency’s Internet site.
(2) It is unlawful to knowingly refer a person for residency to an unlicensed assisted living facility; to an assisted living facility the license of which is under denial or has been suspended or revoked; or to an assisted living facility that has a moratorium pursuant to part II of chapter 408.
(a) Any health care practitioner, as defined in s. 456.001, who is aware of the operation of an unlicensed facility shall report that facility to the agency. Failure to report a facility that the practitioner knows or has reasonable cause to suspect is unlicensed shall be reported to the practitioner’s licensing board.
(b) Any provider as defined in s. 408.803 which knowingly discharges a patient or client to an unlicensed facility is subject to sanction by the agency.
(c) Any employee of the agency or department, or the Department of Children and Families, who knowingly refers a person for residency to an unlicensed facility; to a facility the license of which is under denial or has been suspended or revoked; or to a facility that has a moratorium pursuant to part II of chapter 408 is subject to disciplinary action by the agency or department, or the Department of Children and Families.
(d) The employer of any person who is under contract with the agency or department, or the Department of Children and Families, and who knowingly refers a person for residency to an unlicensed facility; to a facility the license of which is under denial or has been suspended or revoked; or to a facility that has a moratorium pursuant to part II of chapter 408 shall be fined and required to prepare a corrective action plan designed to prevent such referrals.
History.—s. 17, ch. 88-350; s. 6, ch. 91-263; s. 29, ch. 92-33; ss. 5, 39, ch. 93-216; s. 10, ch. 95-210; ss. 4, 48, ch. 95-418; s. 5, ch. 98-80; s. 1, ch. 99-179; s. 1, ch. 2000-318; s. 36, ch. 2001-62; s. 2, ch. 2004-344; ss. 2, 33, ch. 2006-197; s. 141, ch. 2007-230; s. 60, ch. 2009-223; s. 245, ch. 2014-19; s. 81, ch. 2018-24.
Note.—Former s. 400.408.
Structure Florida Statutes
Chapter 429 - Assisted Care Communities
Part I - Assisted Living Facilities (Ss. 429.01-429.55)
429.01 - Short title; purpose.
429.04 - Facilities to be licensed; exemptions.
429.07 - License required; fee.
429.075 - Limited mental health license.
429.08 - Unlicensed facilities; referral of person for residency to unlicensed facility; penalties.
429.11 - Initial application for license.
429.12 - Sale or transfer of ownership of a facility.
429.14 - Administrative penalties.
429.17 - Expiration of license; renewal; conditional license.
429.174 - Background screening.
429.176 - Notice of change of administrator.
429.177 - Patients with Alzheimer’s disease or other related disorders; certain disclosures.
429.178 - Special care for persons with Alzheimer’s disease or other related disorders.
429.18 - Disposition of fees and administrative fines.
429.19 - Violations; imposition of administrative fines; grounds.
429.195 - Rebates prohibited; penalties.
429.20 - Certain solicitation prohibited; third-party supplementation.
429.22 - Receivership proceedings.
429.255 - Use of personnel; emergency care.
429.256 - Assistance with self-administration of medication and with other tasks.
429.26 - Appropriateness of placements; examinations of residents.
429.27 - Property and personal affairs of residents.
429.275 - Business practice; personnel records; liability insurance.
429.28 - Resident bill of rights.
429.29 - Civil actions to enforce rights.
429.295 - Certain provisions not applicable to actions under this part.
429.296 - Statute of limitations.
429.297 - Punitive damages; pleading; burden of proof.
429.298 - Punitive damages; limitation.
429.31 - Closing of facility; notice; penalty.
429.34 - Right of entry and inspection.
429.35 - Maintenance of records; reports.
429.41 - Rules establishing standards.
429.42 - Pharmacy and dietary services.
429.435 - Uniform firesafety standards.
429.44 - Construction and renovation; requirements.
429.445 - Compliance with local zoning requirements.
429.47 - Prohibited acts; penalties for violation.
429.49 - Resident records; penalties for alteration.
429.52 - Staff training and educational requirements.
429.53 - Consultation by the agency.