(1) Regardless of whether delinquency proceedings as to a continuing care facility have been or are to be initiated, a proprietor, a general partner, a member, an officer, a director, a trustee, or a manager of a continuing care facility may not actively solicit, approve the solicitation or acceptance of, or accept new continuing care contracts in this state after the proprietor, general partner, member, officer, director, trustee, or manager knew, or reasonably should have known, that the continuing care facility was impaired or insolvent except with the written permission of the office. If the facility has declared bankruptcy, the bankruptcy court or trustee appointed by the court has jurisdiction over such matters. The office must approve or disapprove the continued marketing of new contracts within 15 days after receiving a request from a provider.
(2) A proprietor, a general partner, a member, an officer, a director, a trustee, or a manager who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 27, ch. 2019-160.
Structure Florida Statutes
Chapter 651 - Continuing Care Contracts
651.012 - Exempted Facility; Written Disclosure of Exemption.
651.013 - Chapter Exclusive; Applicability of Other Laws.
651.014 - Insurance Business Not Authorized.
651.015 - Administration; Forms; Fees; Rules; Fines.
651.018 - Administrative Supervision.
651.019 - New Financing, Additional Financing, or Refinancing.
651.021 - Certificate of Authority Required.
651.022 - Provisional Certificate of Authority; Application.
651.023 - Certificate of Authority; Application.
651.0235 - Validity of Provisional Certificates of Authority and Certificates of Authority.
651.0261 - Quarterly and Monthly Statements.
651.028 - Accredited Facilities.
651.034 - Financial and Operating Requirements for Providers.
651.035 - Minimum Liquid Reserve Requirements.
651.043 - Approval of Change in Management.
651.051 - Maintenance of Assets and Records in State.
651.055 - Continuing Care Contracts; Right to Rescind.
651.057 - Continuing Care At-Home Contracts.
651.061 - Dismissal or Discharge of Resident; Refund.
651.065 - Waiver of Statutory Protection.
651.071 - Contracts as Preferred Claims on Liquidation or Receivership.
651.095 - Advertisements; Requirements; Penalties.
651.106 - Grounds for Discretionary Refusal, Suspension, or Revocation of Certificate of Authority.
651.107 - Duration of Suspension; Obligations During Suspension Period; Reinstatement.
651.108 - Administrative Fines.
651.1081 - Remedies Available in Cases of Unlawful Sale.
651.111 - Requests for Inspections.
651.114 - Delinquency Proceedings; Remedial Rights.
651.1141 - Immediate Final Orders.
651.1151 - Administrative, Vendor, and Management Contracts.
651.116 - Delinquency Proceedings; Additional Provisions.
651.119 - Assistance to Persons Affected by Closure Due to Liquidation or Pending Liquidation.
651.121 - Continuing Care Advisory Council.
651.123 - Alternative Dispute Resolution.
651.125 - Criminal Penalties; Injunctive Relief.
651.131 - Actions Under Prior Law.