651.123 – Alternative Dispute Resolution.
651.123 Alternative dispute resolution.—The commission shall, by rule, adopt alternative procedures for resolution of disputes between residents and providers. The rules shall provide for an informal, nonbinding mediation process, and for binding arbitration when mediation fails to resolve a dispute, and shall provide minimum qualifications for arbitrators substantially similar to other arbitration programs under the Florida […]
651.125 – Criminal Penalties; Injunctive Relief.
651.125 Criminal penalties; injunctive relief.— (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 […]
651.13 – Civil Action.
651.13 Civil action.—Any resident injured by a violation of this chapter may bring an action for the recovery of damages plus reasonable attorney’s fees. History.—s. 1, ch. 77-323; s. 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 23, 31, 33, 35, ch. 83-328; s. 12, ch. 93-22.
651.131 – Actions Under Prior Law.
651.131 Actions under prior law.— (1) With respect to any proceedings hereafter instituted by any person believing himself or herself to be aggrieved by a violation of any of the provisions of former s. 651.01, former s. 651.02, former s. 651.03, former s. 651.04, former s. 651.05, former s. 651.06, former s. 651.07, former s. 651.072, former […]
651.132 – Amendment or Renewal of Existing Contracts.
651.132 Amendment or renewal of existing contracts.—Any contract or agreement executed before October 1, 1983, which is amended or renewed subsequent to October 1, 1983, is subject to this act. History.—s. 6, ch. 77-323; ss. 21, 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 24, 31, 33, 35, ch. 83-328; s. 12, […]
651.134 – Investigatory Records.
651.134 Investigatory records.—Any active investigatory record of the office made or received under this chapter, and any active examination record necessary to complete an active investigation, is confidential and exempt from s. 119.07(1) until such investigation is completed or ceases to be active. For the purpose of this section, an investigation is active while it is […]
651.111 – Requests for Inspections.
651.111 Requests for inspections.— (1) Any interested party may request an inspection of the records and related financial affairs of a provider providing care in accordance with this chapter by transmitting to the office notice of an alleged violation of applicable requirements prescribed by statute or by rule, specifying to a reasonable extent the details of the […]
651.114 – Delinquency Proceedings; Remedial Rights.
651.114 Delinquency proceedings; remedial rights.— (1) Upon determination by the office that a provider is not in compliance with this chapter, the office may notify the chair of the Continuing Care Advisory Council, who may assist the office in formulating a corrective action plan. (2) Within 30 days after a request by either the advisory council or the […]
651.1141 – Immediate Final Orders.
651.1141 Immediate final orders.— (1) The Legislature finds that the following actions constitute an imminent and immediate threat to the public health, safety, and welfare of the residents of this state: (a) The installation of a general partner of a provider or assumption of ownership or possession or control of 10 percent or more of a provider’s assets […]
651.1151 – Administrative, Vendor, and Management 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, […]