Fla. Stat. 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.Any person who owns, rents, or otherwise maintains a building or property used as an unlicensed assisted living facility commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each day of continued operation is a separate offense.Any person found guilty of violating paragraph (a) a second or subsequent time commits a felony of the second degree, punishable as provided under s. 775.082, s. 775.083, or s. 775.084. Each day of continued operation is a separate offense.In addition to the requirements of s. 408.812, any person who owns, operates, or maintains an unlicensed assisted living facility after receiving notice from the agency commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each day of continued operation is a separate offense.The agency shall publish a list, by county, of licensed assisted living facilities. This information may be provided electronically or through the agency’s Internet site.

(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 felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each day of continued operation is a separate offense.

(c)

Any person found guilty of violating paragraph (a) a second or subsequent time commits a felony of the second degree, punishable as provided under s. 775.082, s. 775.083, or s. 775.084. Each day of continued operation is a separate offense.

(d)

In addition to the requirements of s. 408.812, any person who owns, operates, or maintains an unlicensed assisted living facility after receiving notice from the agency commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each day of continued operation is a separate offense.

(e)

The agency shall publish a list, by county, of licensed assisted living facilities. This information may be provided electronically or through the agency’s Internet site.

(2)

It is unlawful to knowingly refer a person for residency to an unlicensed assisted living facility; to an assisted living facility the license of which is under denial or has been suspended or revoked; or to an assisted living facility that has a moratorium pursuant to part II of chapter 408.Any health care practitioner, as defined in s. 456.001, who is aware of the operation of an unlicensed facility shall report that facility to the agency. Failure to report a facility that the practitioner knows or has reasonable cause to suspect is unlicensed shall be reported to the practitioner’s licensing board.Any provider as defined in s. 408.803 which knowingly discharges a patient or client to an unlicensed facility is subject to sanction by the agency.Any employee of the agency or department, or the Department of Children and Families, who knowingly refers a person for residency to an unlicensed facility; to a facility the license of which is under denial or has been suspended or revoked; or to a facility that has a moratorium pursuant to part II of chapter 408 is subject to disciplinary action by the agency or department, or the Department of Children and Families.The employer of any person who is under contract with the agency or department, or the Department of Children and Families, and who knowingly refers a person for residency to an unlicensed facility; to a facility the license of which is under denial or has been suspended or revoked; or to a facility that has a moratorium pursuant to part II of chapter 408 shall be fined and required to prepare a corrective action plan designed to prevent such referrals.

(a)

Any health care practitioner, as defined in s. 456.001, who is aware of the operation of an unlicensed facility shall report that facility to the agency. Failure to report a facility that the practitioner knows or has reasonable cause to suspect is unlicensed shall be reported to the practitioner’s licensing board.

(b)

Any provider as defined in s. 408.803 which knowingly discharges a patient or client to an unlicensed facility is subject to sanction by the agency.

(c)

Any employee of the agency or department, or the Department of Children and Families, who knowingly refers a person for residency to an unlicensed facility; to a facility the license of which is under denial or has been suspended or revoked; or to a facility that has a moratorium pursuant to part II of chapter 408 is subject to disciplinary action by the agency or department, or the Department of Children and Families.

(d)

The employer of any person who is under contract with the agency or department, or the Department of Children and Families, and who knowingly refers a person for residency to an unlicensed facility; to a facility the license of which is under denial or has been suspended or revoked; or to a facility that has a moratorium pursuant to part II of chapter 408 shall be fined and required to prepare a corrective action plan designed to prevent such referrals.

Source: Section 429.08 — Unlicensed facilities; referral of person for residency to unlicensed facility; penalties, https://www.­flsenate.­gov/Laws/Statutes/2024/0429.­08 (accessed Aug. 7, 2025).

429.01
Short title 429.02
Definitions 429.04
Facilities to be licensed 429.07
License required 429.08
Unlicensed facilities 429.11
Initial application for license 429.12
Sale or transfer of ownership of a facility 429.14
Administrative penalties 429.17
Expiration of license 429.18
Disposition of fees and administrative fines 429.19
Violations 429.20
Certain solicitation prohibited 429.22
Receivership proceedings 429.23
Internal risk management and quality assurance program 429.24
Contracts 429.26
Appropriateness of placements 429.27
Property and personal affairs of residents 429.28
Resident bill of rights 429.29
Civil actions to enforce rights 429.31
Closing of facility 429.34
Right of entry and inspection 429.35
Maintenance of records 429.41
Rules establishing standards 429.42
Pharmacy and dietary services 429.44
Construction and renovation 429.47
Prohibited acts 429.49
Resident records 429.52
Staff training and educational requirements 429.53
Consultation by the agency 429.54
Collection of information 429.55
Consumer information website 429.075
Limited mental health license 429.174
Background screening 429.176
Notice of change of administrator 429.177
Patients with Alzheimer’s disease or other related disorders 429.178
Special care for persons with Alzheimer’s disease or other related disorders 429.195
Rebates prohibited 429.255
Use of personnel 429.256
Assistance with self-administration of medication and with other tasks 429.275
Business practice 429.293
Presuit notice 429.294
Availability of facility records for investigation of resident’s rights violations and defenses 429.295
Certain provisions not applicable to actions under this part 429.296
Statute of limitations 429.297
Punitive damages 429.298
Punitive damages 429.435
Uniform firesafety standards 429.445
Compliance with local zoning requirements

Current through Fall 2025

§ 429.08. Unlicensed facilities; referral of person for residency to unlicensed facility; penalties's source at flsenate​.gov