Fla. Stat. 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 requirements provided in s. 429.28(1)(k). In the event a resident has no person to represent him or her, the facility shall be responsible for referral to an appropriate social service agency for placement.

(2)

Immediately upon the notice by the agency of the voluntary or involuntary termination of such operation, the agency shall inform the State Long-Term Care Ombudsman Program and monitor the transfer of residents to other facilities and ensure that residents’ rights are being protected. The agency, in consultation with the Department of Children and Families, shall specify procedures for ensuring that all residents who receive services are appropriately relocated.

(3)

All charges shall be prorated as of the date on which the facility discontinues operation, and if any payments have been made in advance, the payments for services not received shall be refunded to the resident or the resident’s guardian within 10 working days of voluntary or involuntary closure of the facility, whether or not such refund is requested by the resident or guardian.

(4)

The agency may levy a fine in an amount no greater than $5,000 upon each person or business entity that owns any interest in a facility that terminates operation without providing notice to the agency and the residents of the facility at least 30 days before operation ceases. This fine shall not be levied against any facility involuntarily closed at the initiation of the agency. The agency shall use the proceeds of the fines to operate the facility until all residents of the facility are relocated.

Source: Section 429.31 — Closing of facility; notice; penalty, https://www.­flsenate.­gov/Laws/Statutes/2024/0429.­31 (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

§ 429.31. Closing of facility; notice; penalty's source at flsenate​.gov