(1) Any person who maintains, enters into, or, as manager or officer or in any other administrative capacity, assists in entering into, maintaining, or performing any continuing care or continuing care at-home contract subject to this chapter without a valid provisional certificate of authority or certificate of authority, as contemplated by or provided in this chapter, or who otherwise violates any provision of this chapter or rule adopted in pursuance of this chapter, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. Each violation of this chapter constitutes a separate offense.
(2) The state attorney for a circuit shall, upon application of the office or its authorized representative, institute and conduct the prosecution of an action for violation, within such circuit, of any provision of this chapter.
(3) The office may bring an action to enjoin a violation, threatened violation, or continued violation of this chapter in the circuit court in and for the county in which the violation occurred, is occurring, or is about to occur.
(4) Any action brought by the office against a provider shall not abate by reason of a sale or other transfer of ownership of the facility used to provide care, which provider is a party to the action, except with the express written consent of the office.
(5) The provisions of s. 624.310 apply to any person whose identity is required to be disclosed pursuant to s. 651.022(2) or s. 651.023(1)(a).
History.—s. 1, ch. 77-323; s. 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 22, 31, 33, 35, ch. 83-328; s. 8, ch. 92-56; s. 12, ch. 93-22; s. 1697, ch. 2003-261; s. 17, ch. 2011-193; s. 32, 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.