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, […]
651.043 – Approval of Change in Management.
651.043 Approval of change in management.— (1) A contract with a management company entered into after July 1, 2019, must be in writing and include a provision that the contract will be canceled upon issuance of an order by the office pursuant to this section and without the application of a cancellation fee or penalty. If a […]
651.108 – Administrative Fines.
651.108 Administrative fines.— (1) If the office finds that one or more grounds exist for the discretionary revocation or suspension of a certificate of authority issued under this chapter, the office, in lieu of such revocation or suspension, may impose a fine upon the provider in an amount not to exceed $1,000 per violation. (2) If it is […]
651.051 – Maintenance of Assets and Records in State.
651.051 Maintenance of assets and records in state.—All records and assets of a provider must be maintained or readily accessible in this state or, if the provider’s corporate office is located in another state, such records must be electronically stored in a manner that will ensure that the records are readily accessible to the office. No […]
651.1081 – Remedies Available in Cases of Unlawful Sale.
651.1081 Remedies available in cases of unlawful sale.— (1) Upon a determination by the office that a provider is or has been violating the provisions of this chapter, the office may order the provider to cease sales and make a rescission offer to the resident in accordance with the provisions of this section. (2) Upon such order by […]
651.055 – Continuing Care Contracts; Right to Rescind.
651.055 Continuing care contracts; right to rescind.— (1) Each continuing care contract and each addendum to such contract shall be submitted to and approved by the office before its use in this state. Thereafter, no other form of contract shall be used by the provider until it has been submitted to and approved by the office. Each […]