(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.
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.