Florida Statutes
Chapter 651 - Continuing Care Contracts
651.1151 - Administrative, Vendor, and Management Contracts.


(1) The office may require a provider to submit any contract for administrative, vendor, or management services if the office has information and belief that a provider has entered into a contract with an affiliate, an entity controlled by the provider, or an entity controlled by an affiliate of the provider, which has not been disclosed to the office or which contract requires the provider to pay a fee that is unreasonably high in relation to the service provided.
(2) After review of the contract, the office may order the provider to cancel the contract in accordance with the terms of the contract and applicable law if it determines that the fees to be paid are so unreasonably high as compared with similar contracts entered into by other providers in similar circumstances that the contract is detrimental to the facility or its residents.
(3) Any contract with an affiliate, an entity controlled by the provider, or an entity controlled by an affiliate of the provider for administrative, vendor, or management services entered into or renewed after October 1, 1991, must include a provision that the contract will be canceled upon issuance of an order by the office pursuant to this section. A copy of the current management services contract, pursuant to this section, if any, must be on file in the marketing office or other area accessible to residents and the appropriate residents’ council.
(4) Any action of the office under this section is subject to review pursuant to the procedures provided in chapter 120.
History.—ss. 13, 16, ch. 91-98; s. 12, ch. 93-22; s. 23, ch. 97-229; s. 1691, ch. 2003-261; s. 15, ch. 2010-202.

Structure Florida Statutes

Florida Statutes

Title XXXVII - Insurance

Chapter 651 - Continuing Care Contracts

651.011 - Definitions.

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.

651.0215 - Consolidated Application for a Provisional Certificate of Authority and a Certificate of Authority; Required Restrictions on Use of Entrance Fees.

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.

651.024 - Acquisition.

651.0245 - Application for the Simultaneous Acquisition of a Facility and Issuance of a Certificate of Authority.

651.0246 - Expansions.

651.026 - Annual Reports.

651.0261 - Quarterly and Monthly Statements.

651.028 - Accredited Facilities.

651.033 - Escrow Accounts.

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.

651.081 - Residents’ Council.

651.083 - Residents’ Rights.

651.085 - Quarterly Meetings Between Residents and the Governing Body of the Provider; Resident Representation Before the Governing Body of the Provider.

651.091 - Availability, Distribution, and Posting of Reports and Records; Requirement of Full Disclosure.

651.095 - Advertisements; Requirements; Penalties.

651.105 - Examination.

651.106 - Grounds for Discretionary Refusal, Suspension, or Revocation of Certificate of Authority.

651.1065 - Soliciting or Accepting New Continuing Care Contracts by Impaired or Insolvent Facilities or Providers.

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.

651.117 - Order of Liquidation; Duties of the Department of Children and Families and the Agency for Health Care Administration.

651.118 - Agency for Health Care Administration; Certificates of Need; Sheltered Beds; Community Beds.

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.

651.13 - Civil Action.

651.131 - Actions Under Prior Law.

651.132 - Amendment or Renewal of Existing Contracts.

651.134 - Investigatory Records.