429.85 – Residents’ bill of rights.
429.85 Residents’ bill of rights.— (1) A resident of an adult family-care home may not be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, the State Constitution, or the Constitution of the United States solely by reason of status as a resident of the home. Each resident has the right to: (a) Live […]
429.29 – Civil actions to enforce rights.
429.29 Civil actions to enforce rights.— (1) Any person or resident whose rights as specified in this part are violated shall have a cause of action. The action may be brought by the resident or his or her guardian, or by a person or organization acting on behalf of a resident with the consent of the resident […]
429.49 – Resident records; penalties for alteration.
429.49 Resident records; penalties for alteration.— (1) Any person who fraudulently alters, defaces, or falsifies any medical or other record of an assisted living facility, or causes or procures any such offense to be committed, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) A conviction under subsection (1) is […]
429.293 – Presuit notice; investigation; notification of violation of residents’ rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation.
429.293 Presuit notice; investigation; notification of violation of residents’ rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation.— (1) As used in this section, the term: (a) “Claim for residents’ rights violation or negligence” means a negligence claim alleging injury to or the death of a resident arising out of an asserted violation of […]
429.52 – Staff training and educational requirements.
429.52 Staff training and educational requirements.— (1) Each new assisted living facility employee who has not previously completed core training must attend a preservice orientation provided by the facility before interacting with residents. The preservice orientation must be at least 2 hours in duration and cover topics that help the employee provide responsible care and respond to […]
429.294 – Availability of facility records for investigation of resident’s rights violations and defenses; penalty.
429.294 Availability of facility records for investigation of resident’s rights violations and defenses; penalty.— (1) Failure to provide complete copies of a resident’s records, including, but not limited to, all medical records and the resident’s chart, within the control or possession of the facility in accordance with s. 400.145, shall constitute evidence of failure of that party […]
429.295 – Certain provisions not applicable to actions under this part.
429.295 Certain provisions not applicable to actions under this part.—An action under this part for a violation of rights or negligence recognized herein is not a claim for medical malpractice, and the provisions of s. 768.21(8) do not apply to a claim alleging death of the resident. History.—s. 42, ch. 2001-45; s. 2, ch. 2006-197. Note.—Former […]
429.296 – Statute of limitations.
429.296 Statute of limitations.— (1) Any action for damages brought under this part shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall […]
429.297 – Punitive damages; pleading; burden of proof.
429.297 Punitive damages; pleading; burden of proof.— (1) In any action for damages brought under this part, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages. The claimant may move to […]
429.298 – Punitive damages; limitation.
429.298 Punitive damages; limitation.— (1)(a) Except as provided in paragraphs (b) and (c), an award of punitive damages may not exceed the greater of: 1. Three times the amount of compensatory damages awarded to each claimant entitled thereto, consistent with the remaining provisions of this section; or 2. The sum of $1 million. (b) Where the fact finder determines that […]