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 […]
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 […]
429.34 – Right of entry and inspection.
429.34 Right of entry and inspection.— (1) In addition to the requirements of s. 408.811, a duly designated officer or employee of the agency, of the Department of Children and Families, of the Medicaid Fraud Control Unit of the Office of the Attorney General, or of the state or local fire marshal, or a representative of the […]
429.35 – Maintenance of records; reports.
429.35 Maintenance of records; reports.— (1) Every facility shall maintain, as public information available for public inspection under such conditions as the agency shall prescribe, records containing copies of all inspection reports pertaining to the facility that have been issued by the agency to the facility. Copies of inspection reports shall be retained in the records for […]
429.41 – Rules establishing standards.
429.41 Rules establishing standards.— (1) It is the intent of the Legislature that rules published and enforced pursuant to this section shall include criteria by which a reasonable and consistent quality of resident care and quality of life may be ensured and the results of such resident care may be demonstrated. Such rules shall also promote a […]
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 […]