Florida Statutes
Fla. Stat. § 400.021 (2025)
Definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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400.021 Definitions.—When used in this part, unless the context otherwise requires, the term:
(1) “Administrator” means the licensed individual who has the general administrative charge of a facility.
(2) “Agency” means the Agency for Health Care Administration, which is the licensing agency under this part.
(3) “Bed reservation policy” means the number of consecutive days and the number of days per year that a resident may leave the nursing home facility for overnight therapeutic visits with family or friends or for hospitalization for an acute condition before the licensee may discharge the resident due to his or her absence from the facility.
(4) “Board” means the Board of Nursing Home Administrators.
(5) “Custodial service” means care for a person which entails observation of diet and sleeping habits and maintenance of a watchfulness over the general health, safety, and well-being of the aged or infirm.
(6) “Department” means the Department of Children and Families.
(7) “Facility” means any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide for a period exceeding 24-hour nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but does not include any place providing care and treatment primarily for the acutely ill. A facility offering services for fewer than three persons is within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services.
(8) “Geriatric outpatient clinic” means a site for providing outpatient health care to persons 60 years of age or older, which is staffed by a registered nurse, a physician assistant, or a licensed practical nurse under the direct supervision of a registered nurse, advanced practice registered nurse, physician assistant, or physician.
(9) “Geriatric patient” means any patient who is 60 years of age or older.
(10) “Local ombudsman council” means a local long-term care ombudsman council established pursuant to s. 400.0069, located within the Older Americans Act planning and service areas.
(11) “Nursing home bed” means an accommodation which is ready for immediate occupancy, or is capable of being made ready for occupancy within 48 hours, excluding provision of staffing; and which conforms to minimum space requirements, including the availability of appropriate equipment and furnishings within the 48 hours, as specified by rule of the agency, for the provision of services specified in this part to a single resident.
(12) “Nursing home facility” means any facility which provides nursing services as defined in part I of chapter 464 and which is licensed according to this part.
(13) “Nursing service” means such services or acts as may be rendered, directly or indirectly, to and in behalf of a person by individuals as defined in s. 464.003.
(14) “Office” has the same meaning as in s. 400.0060.
(15) “Planning and service area” means the geographic area in which the Older Americans Act programs are administered and services are delivered by the Department of Elderly Affairs.
(16) “Representative of the State Long-Term Care Ombudsman Program” has the same meaning as in s. 400.0060.
(17) “Respite care” means admission to a nursing home for the purpose of providing a short period of rest or relief or emergency alternative care for the primary caregiver of an individual receiving care at home who, without home-based care, would otherwise require institutional care.
(18) “Resident care plan” means a written comprehensive person-centered care plan developed in accordance with 42 C.F.R. s. 483.21(b) by an interdisciplinary team within 7 days after completion of a comprehensive assessment and with participation by the resident or the resident’s designee. The resident care plan must be reviewed and revised after each comprehensive assessment which may be a new admission assessment, an annual assessment, or an assessment after a significant change in status and after a quarterly review assessment. A resident care plan includes measurable objectives and timeframes to meet the resident’s medical, nursing, mental, and psychosocial needs and preferences and must describe the services to be furnished to attain or maintain the resident’s highest practicable physical, mental, and psychosocial well-being.
(19) “Resident designee” means a person, other than the owner, administrator, or employee of the facility, designated in writing by a resident or a resident’s guardian, if the resident is adjudicated incompetent, to be the resident’s representative for a specific, limited purpose.
(20) “State Long-Term Care Ombudsman Program” has the same meaning as in s. 400.0060.
(21) “Therapeutic spa services” means bathing, nail, and hair care services and other similar services related to personal hygiene.
History.—s. 2, ch. 69-309; ss. 19, 35, ch. 69-106; s. 2, ch. 70-361; s. 1, ch. 70-439; ss. 21, 25, ch. 75-233; s. 3, ch. 76-168; s. 234, ch. 77-147; s. 1, ch. 77-457; ss. 1, 18, ch. 80-186; ss. 1, 12, ch. 80-198; s. 249, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 4, 79, 83, ch. 83-181; s. 1, ch. 90-330; ss. 20, 30, ch. 93-177; ss. 2, 49, ch. 93-217; s. 763, ch. 95-148; s. 117, ch. 99-8; s. 94, ch. 2000-318; s. 136, ch. 2000-349; s. 1, ch. 2000-350; s. 56, ch. 2000-367; s. 2, ch. 2001-45; s. 3, ch. 2004-298; s. 55, ch. 2007-230; s. 4, ch. 2012-160; s. 122, ch. 2014-19; s. 20, ch. 2015-31; s. 29, ch. 2018-106; s. 1, ch. 2022-61.
Notes of Decisions
Cited in 8
cases, 1980–2018 · leading case: Pediatric Pavilion v. AGEN. FOR HEALTH CARE, 883 So. 2d 927 (Fla. 5th DCA 2004).
Pediatric Pavilion v. AGEN. FOR HEALTH CARE, 883 So. 2d 927 (Fla. 5th DCA 2004). “See also § 400.021(13), Fla. Stat. (2002) ("Nursing home facility" means "any facility which provides nursing services as defined in part I of chapter 464 and which is licensed according to this part.”
Kendall v. Genworth Life Ins. Co., 193 F. Supp. 3d 1290 (M.D. Fla. 2016). “Fla. Stat. § 400.021 (13). . " ‘Personal services’ means direct physical assistance with or supervision of the activities of daily living and the self-administration of medication and other similar services which the department may define by rule.”
Beverly Enter.-Florida, Inc. v. McVey, 739 So. 2d 646 (Fla. 2d DCA 1999). “" § 400.021(15), Fla. Stat. (1993). Finally, section 400.”
Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Soc'y, Inc., 382 So. 2d 1280 (Fla. 1st DCA 1980). “Section 400.021(4) provides that facilities authorized under that Chapter (nursing homes and related health care facilities), "shall not include any place providing care and treatment primarily for the acutely ill " (emphasis supplied).”
Tampa Med. Assocs. v. Est. of Torres, 903 So. 2d 259 (Fla. 2d DCA 2005). “§§ 400.021(2), 400.118(2)(a). Findings of the monitoring visits are reported to appropriate supervisory personnel and other responsible agencies.”
Manor Care of Dunedin, Inc. v. Keiser, 611 So. 2d 1305 (Fla. 2d DCA 1992). “This, plus the definition of "nursing home facility" in § 400.021(10) as "any facility which provides nursing services as defined in chapter 464" one of the chapters specifically mentioned in subsection (1) leads us to conclude that nursing homes are statutorily bound to…”
Magnolias Nursing & Convalescent Ctr. v. Dep't of Health & Rehabilitative Servs., Off. of Licensure & Certification, 438 So. 2d 421 (Fla. 1st DCA 1983). “The term “administrator” is also distinguished from the terms “manager” and “supervisor,” by Section 400.021(2) defining “administrator” as “the licensed individual who has the general administrative charge of a facility,” and (3) which provides that “manager” or “supervisor”…”
Brevard Achievement v. Camp, 254 So. 3d 1135 (Fla. 5th DCA 2018). “See § 400.021(7), Fla. Stat. (2018) (defining "facility" as a place that cares for those with an illness, physical infirmity, or advanced age); see also Carraway, 116 So.”
— 400.021(10) — 1 case
Manor Care of Dunedin, Inc. v. Keiser, 611 So. 2d 1305 (Fla. 2d DCA 1992). “This, plus the definition of "nursing home facility" in § 400.021(10) as "any facility which provides nursing services as defined in chapter 464" one of the chapters specifically mentioned in subsection (1) leads us to conclude that nursing homes are statutorily bound to…”
— 400.021(12) — 1 case
Kendall v. Genworth Life Ins. Co., 193 F. Supp. 3d 1290 (M.D. Fla. 2016). “Fla. Stat. § 400.021 (13). . " ‘Personal services’ means direct physical assistance with or supervision of the activities of daily living and the self-administration of medication and other similar services which the department may define by rule.”
— 400.021(13) — 1 case
Pediatric Pavilion v. AGEN. FOR HEALTH CARE, 883 So. 2d 927 (Fla. 5th DCA 2004). “See also § 400.021(13), Fla. Stat. (2002) ("Nursing home facility" means "any facility which provides nursing services as defined in part I of chapter 464 and which is licensed according to this part.”
— 400.021(14) — 1 case
Pediatric Pavilion v. AGEN. FOR HEALTH CARE, 883 So. 2d 927 (Fla. 5th DCA 2004). “See also § 400.021(13), Fla. Stat. (2002) ("Nursing home facility" means "any facility which provides nursing services as defined in part I of chapter 464 and which is licensed according to this part.”
— 400.021(15) — 1 case
Beverly Enter.-Florida, Inc. v. McVey, 739 So. 2d 646 (Fla. 2d DCA 1999). “" § 400.021(15), Fla. Stat. (1993). Finally, section 400.”
— 400.021(2) — 3 cases
Tampa Med. Assocs. v. Est. of Torres, 903 So. 2d 259 (Fla. 2d DCA 2005). “§§ 400.021(2), 400.118(2)(a). Findings of the monitoring visits are reported to appropriate supervisory personnel and other responsible agencies.”
Beverly Enter.-Florida, Inc. v. McVey, 739 So. 2d 646 (Fla. 2d DCA 1999). “" § 400.021(15), Fla. Stat. (1993). Finally, section 400.”
Magnolias Nursing & Convalescent Ctr. v. Dep't of Health & Rehabilitative Servs., Off. of Licensure & Certification, 438 So. 2d 421 (Fla. 1st DCA 1983). “The term “administrator” is also distinguished from the terms “manager” and “supervisor,” by Section 400.021(2) defining “administrator” as “the licensed individual who has the general administrative charge of a facility,” and (3) which provides that “manager” or “supervisor”…”
— 400.021(4) — 1 case
Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Soc'y, Inc., 382 So. 2d 1280 (Fla. 1st DCA 1980). “Section 400.021(4) provides that facilities authorized under that Chapter (nursing homes and related health care facilities), "shall not include any place providing care and treatment primarily for the acutely ill " (emphasis supplied).”
— 400.021(7) — 1 case
Brevard Achievement v. Camp, 254 So. 3d 1135 (Fla. 5th DCA 2018). “See § 400.021(7), Fla. Stat. (2018) (defining "facility" as a place that cares for those with an illness, physical infirmity, or advanced age); see also Carraway, 116 So.”
— 400.021(8) — 1 case
Pediatric Pavilion v. AGEN. FOR HEALTH CARE, 883 So. 2d 927 (Fla. 5th DCA 2004). “See also § 400.021(13), Fla. Stat. (2002) ("Nursing home facility" means "any facility which provides nursing services as defined in part I of chapter 464 and which is licensed according to this part.”
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