Fla. Stat. 429.34
Right of entry and inspection


(1)

In addition to the requirements of s. 408.811, a duly designated officer or employee of the agency, of the Department of Children and Families, of the Medicaid Fraud Control Unit of the Office of the Attorney General, or of the state or local fire marshal, or a representative of the State Long-Term Care Ombudsman Program or a member of the state or local long-term care ombudsman council has the right to enter unannounced upon and into the premises of any facility licensed under this part in order to determine the state of compliance with this part, part II of chapter 408, and applicable rules. Data collected by the State Long-Term Care Ombudsman Program, local long-term care ombudsman councils, or the state or local advocacy councils may be used by the agency in investigations involving violations of regulatory standards. A person specified in this section who knows or has reasonable cause to suspect that a vulnerable adult has been or is being abused, neglected, or exploited shall immediately report such knowledge or suspicion to the central abuse hotline pursuant to chapter 415.

(2)(a)

In addition to the requirements of s. 408.811, the agency may inspect and investigate facilities as necessary to determine compliance with this part, part II of chapter 408, and rules adopted thereunder. If an assisted living facility is cited for a class I violation or three or more class II violations arising from separate surveys within a 60-day period or due to unrelated circumstances during the same survey, the agency must conduct an additional licensure inspection within 6 months.During any calendar year in which a survey is not conducted, the agency may conduct monitoring visits of each facility cited in the previous year for a class I or class II violation or for more than three uncorrected class III violations.

(2)(a)

In addition to the requirements of s. 408.811, the agency may inspect and investigate facilities as necessary to determine compliance with this part, part II of chapter 408, and rules adopted thereunder. If an assisted living facility is cited for a class I violation or three or more class II violations arising from separate surveys within a 60-day period or due to unrelated circumstances during the same survey, the agency must conduct an additional licensure inspection within 6 months.

(b)

During any calendar year in which a survey is not conducted, the agency may conduct monitoring visits of each facility cited in the previous year for a class I or class II violation or for more than three uncorrected class III violations.

Source: Section 429.34 — Right of entry and inspection, https://www.­flsenate.­gov/Laws/Statutes/2024/0429.­34 (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

§ 429.34. Right of entry & inspection's source at flsenate​.gov