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 […]
429.31 – Closing of facility; notice; penalty.
429.31 Closing of facility; notice; penalty.— (1) In addition to the requirements of part II of chapter 408, the facility shall inform, in writing, the agency and each resident or the next of kin, legal representative, or agency acting on each resident’s behalf, of the fact and the proposed time of discontinuance of operation, following the notification […]
429.23 – Internal risk management and quality assurance program; adverse incidents and reporting requirements.
429.23 Internal risk management and quality assurance program; adverse incidents and reporting requirements.— (1) Every facility licensed under this part may, as part of its administrative functions, voluntarily establish a risk management and quality assurance program, the purpose of which is to assess resident care practices, facility incident reports, deficiencies cited by the agency, adverse incident reports, […]
429.24 – Contracts.
429.24 Contracts.— (1) The presence of each resident in a facility shall be covered by a contract, executed at the time of admission or prior thereto, between the licensee and the resident or his or her designee or legal representative. Each party to the contract shall be provided with a duplicate original thereof, and the licensee shall […]
429.08 – Unlicensed facilities; referral of person for residency to unlicensed facility; penalties.
429.08 Unlicensed facilities; referral of person for residency to unlicensed facility; penalties.— (1)(a) This section applies to the unlicensed operation of an assisted living facility in addition to the requirements of part II of chapter 408. (b) Any person who owns, rents, or otherwise maintains a building or property used as an unlicensed assisted living facility commits a […]
429.255 – Use of personnel; emergency care.
429.255 Use of personnel; emergency care.— (1)(a) Persons under contract to the facility, facility staff, or volunteers, who are licensed according to part I of chapter 464, or those persons exempt under s. 464.022(1), and others as defined by rule, may administer medications to residents, take residents’ vital signs, change residents’ bandages for minor cuts and abrasions, […]
429.11 – Initial application for license.
429.11 Initial application for license.— (1) Each applicant for licensure must comply with all provisions of part II of chapter 408 and must: (a) Identify all other homes or facilities, including the addresses and the license or licenses under which they operate, if applicable, which are currently operated by the applicant or administrator and which provide housing, meals, […]
429.256 – Assistance with self-administration of medication and with other tasks.
429.256 Assistance with self-administration of medication and with other tasks.— (1) For the purposes of this section, the term: (a) “Informed consent” means advising the resident, or the resident’s surrogate, guardian, or attorney in fact, that an assisted living facility is not required to have a licensed nurse on staff, that the resident may be receiving assistance with […]
429.12 – Sale or transfer of ownership of a facility.
429.12 Sale or transfer of ownership of a facility.—It is the intent of the Legislature to protect the rights of the residents of an assisted living facility when the facility is sold or the ownership thereof is transferred. Therefore, in addition to the requirements of part II of chapter 408, whenever a facility is sold or […]