Fla. Stat. 400.062
License required; fee; disposition


(1)

The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to this part and part II of chapter 408 and to entities licensed by or applying for such licensure from the Agency for Health Care Administration pursuant to this part. A license issued by the agency is required for the operation of a nursing home in this state.

(2)

Separate licenses shall be required for facilities maintained in separate premises, even though operated under the same management. However, a separate license shall not be required for separate buildings on the same grounds.

(3)

In accordance with s. 408.805, an applicant or licensee shall pay a fee for each license application submitted under this part, part II of chapter 408, and applicable rules. The license fee shall be comprised of two parts. Part I of the license fee shall be the basic license fee. The rate per bed for the basic license fee shall be established biennially and shall be $100 per bed unless modified by rule. Part II of the license fee shall be the resident protection fee, which shall be at the rate of not less than 50 cents per bed. The rate per bed shall be the minimum rate per bed, and such rate shall remain in effect until the effective date of a rate per bed adopted by rule by the agency pursuant to this part. At such time as the amount on deposit in the Health Care Trust Fund for resident protection is less than $1 million, the agency may adopt rules to establish a rate which may not exceed $20 per bed. The rate per bed shall revert back to the minimum rate per bed when the amount on deposit in the Health Care Trust Fund for resident protection reaches $1 million, except that any rate established by rule shall remain in effect until such time as the rate has been equally required for each license issued under this part. Any amount in the fund in excess of $2 million may not be expended without prior approval of the Legislature. The agency may prorate the biennial license fee for those licenses which it issues under this part for less than 2 years. The resident protection fee collected shall be deposited in the Health Care Trust Fund for the sole purpose of paying, in accordance with the provisions of s. 400.063, for the appropriate alternate placement, care, and treatment of a resident removed from a nursing home facility on a temporary, emergency basis or for the maintenance and care of residents in a nursing home facility pending removal and alternate placement.

(4)

Counties or municipalities applying for licenses under this part are exempt from license fees authorized under this section.

Source: Section 400.062 — License required; fee; disposition, https://www.­flsenate.­gov/Laws/Statutes/2024/0400.­062 (accessed Aug. 7, 2025).

400.011
Purpose
400.17
Bribes, kickbacks, certain solicitations prohibited
400.18
Closing of nursing facility
400.19
Right of entry and inspection
400.20
Licensed nursing home administrator required
400.021
Definitions
400.022
Residents’ rights
400.23
Rules
400.023
Civil enforcement
400.024
Failure to satisfy a judgment or settlement agreement
400.25
Educational program authorized
400.33
Legislative intent
400.051
Homes or institutions exempt from the provisions of this part
400.062
License required
400.063
Resident protection
400.071
Application for license
400.102
Action by agency against licensee
400.111
Disclosure of controlling interest
400.118
Quality assurance
400.119
Confidentiality of records and meetings of risk management and quality assurance committees
400.121
Denial, suspension, revocation of license
400.126
Receivership proceedings
400.141
Administration and management of nursing home facilities
400.142
Emergency medication kits
400.143
Institutional formularies established by nursing home facilities
400.145
Copies of records of care and treatment of resident
400.147
Internal risk management and quality assurance program
400.148
Medicaid “Up-or-Out” Quality of Care Contract Management Program
400.151
Contracts
400.162
Property and personal affairs of residents
400.165
Itemized resident billing, form and content prescribed by the agency
400.172
Respite care provided in nursing home facilities
400.175
Patients with Alzheimer’s disease or other related disorders
400.176
Rebates prohibited
400.179
Liability for Medicaid underpayments and overpayments
400.191
Availability, distribution, and posting of reports and records
400.211
Persons employed as nursing assistants
400.215
Personnel screening requirement
400.232
Review and approval of plans
400.0233
Presuit notice
400.0234
Availability of facility records for investigation of resident’s rights violations and defenses
400.0235
Certain provisions not applicable to actions under this part
400.235
Nursing home quality and licensure status
400.0236
Statute of limitations
400.0237
Punitive damages
400.0238
Punitive damages
400.0239
Quality of Long-Term Care Facility Improvement Trust Fund
400.241
Prohibited acts
400.0255
Resident transfer or discharge
400.275
Agency duties
400.332
Funds received not revenues for purpose of Medicaid program
400.334
Activity relating to unions by nursing home employees
400.0625
Minimum standards for clinical laboratory test results and diagnostic X-ray results
400.0712
Application for inactive license
400.1183
Resident grievance procedures
400.1413
Volunteers in nursing homes
400.1415
Patient records
400.1755
Care for persons with Alzheimer’s disease or related disorders

Current through Fall 2025

§ 400.062. License required; fee; disposition's source at flsenate​.gov