(1) Upon a determination by the office that a provider is or has been violating the provisions of this chapter, the office may order the provider to cease sales and make a rescission offer to the resident in accordance with the provisions of this section.
(2) Upon such order by the office, every unlawful sale made in violation of this chapter may be rescinded at the election of the resident without penalty.
(3) No resident shall have the benefit of this section who, within 30 days of receipt, has refused or failed to accept an offer made in writing by the provider to rescind the contract in question and to refund the full amount paid by the resident with interest on the full amount paid for the contract at the legal rate, pursuant to s. 55.03, for the period from the date of payment by the resident to the date of repayment, less the amount of the cost of care provided, if applicable, and the amount of any costs specifically incurred by the provider at the request of the resident and set forth in writing in a separate addendum, signed by both parties to the contract.
History.—s. 20, ch. 97-229; s. 1688, ch. 2003-261.
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.