Florida Statutes

Fla. Stat. § 400.023 (2025)

Civil enforcement.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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400.023 Civil enforcement.—

(1) An exclusive cause of action for negligence or a violation of residents’ rights as specified under this part which alleges direct or vicarious liability for the personal injury or death of a nursing home resident arising from such negligence or violation of rights and which seeks damages for such injury or death may be brought only against the licensee, the licensee’s management or consulting company, the licensee’s managing employees, and any direct caregivers, whether employees or contractors. A passive investor is not liable under this section. An action against any other individual or entity may be brought only pursuant to subsection (3).

(a) The action may be brought by the resident or his or her guardian, by a person or organization acting on behalf of a resident with the consent of the resident or his or her guardian, or by the personal representative of the estate of a deceased resident regardless of the cause of death.

(b) If the action alleges a claim for the resident’s rights or for negligence that caused the death of the resident, the claimant shall, after the verdict, but before the judgment is entered, elect survival damages pursuant to s. 46.021 or wrongful death damages pursuant to s. 768.21. If the action alleges a claim for the resident’s rights or for negligence that did not cause the death of the resident, the personal representative of the estate may recover damages for the negligence that caused injury to the resident.

(c) The action may be brought in any court of competent jurisdiction to enforce such rights and to recover actual and punitive damages for the violation of the rights of a resident or for negligence.

(d) A resident who prevails in seeking injunctive relief or an administrative remedy is entitled to recover the costs of the action, and reasonable attorney fees assessed against the defendant of up to $25,000. Fees shall be awarded solely for the injunctive or administrative relief and not for any claim or action for damages whether such claim or action is brought with a request for an injunction or administrative relief or as a separate action, except as provided under s. 768.79 or the Florida Rules of Civil Procedure.

(e) This section does not preclude theories of recovery not arising out of negligence or s. 400.022 which are available to a resident or to the agency. Chapter 766 does not apply to a cause of action brought under ss. 400.023-400.0238.

(2) As used in this section, the term:

(a) “Licensee” means an individual, corporation, partnership, firm, association, governmental entity, or other entity that is issued a permit, registration, certificate, or license by the agency and that is legally responsible for all aspects of the operation of the nursing home facility.

(b) “Management or consulting company” means an individual or entity who contracts with, or receives a fee from, a licensee to provide any of the following services for a nursing home facility:

1. Hiring or firing of the administrator or director of nursing;

2. Controlling or having control over the staffing levels at the facility;

3. Having control over the budget of the facility; or

4. Implementing and enforcing the policies and procedures of the facility.

(c) “Passive investor” means an individual or entity that has an interest in a facility but does not participate in the decisionmaking or operations of the facility.

(3) A cause of action may not be asserted against an individual or entity other than the licensee, the licensee’s management or consulting company, the licensee’s managing employees, and any direct caregivers, whether employees or contractors, unless, after a motion for leave to amend hearing, the court or an arbitration panel determines that there is sufficient evidence in the record or proffered by the claimant to establish a reasonable showing that:

(a) The individual or entity owed a duty of reasonable care to the resident and that the individual or entity breached that duty; and

(b) The breach of that duty is a legal cause of loss, injury, death, or damage to the resident.

For purposes of this subsection, if, in a proposed amended pleading, it is asserted that such cause of action arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the proposed amendment relates back to the original pleading.

(4) In a claim brought pursuant to this part alleging a violation of residents’ rights or negligence causing injury to or the death of a resident, the claimant has the burden of proving, by a preponderance of the evidence, that:

(a) The defendant owed a duty to the resident;

(b) The defendant breached the duty to the resident;

(d) The resident sustained loss, injury, death, or damage as a result of the breach.

This part does not create strict liability. A violation of the rights set forth in s. 400.022, in any other standard or guidelines specified in this part, or in any applicable administrative standard or guidelines of this state or a federal regulatory agency is evidence of negligence but is not considered negligence per se.

(5) In a claim brought pursuant to this section, a licensee, individual, or entity has a duty to exercise reasonable care. Reasonable care is that degree of care which a reasonably careful licensee, individual, or entity would use under like circumstances.

(6) In a claim for a residents’ rights violation or negligence by a nurse licensed under part I of chapter 464, such nurse has the duty to exercise care consistent with the prevailing professional standard of care for a nurse. The prevailing professional standard of care for a nurse is that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar nurses.

(7) A licensee is not liable for the medical negligence of a physician rendering care or treatment to the resident except for the administrative services of a medical director as required under this part. This subsection does not protect a licensee, individual, or entity from liability for failure to provide a resident with appropriate observation, assessment, nursing diagnosis, planning, intervention, and evaluation of care by nursing staff.

(8) The resident or the resident’s legal representative shall serve a copy of a complaint alleging in whole or in part a violation of any rights specified in this part to the agency at the time of filing the initial complaint with the clerk of the court for the county in which the action is pursued. The requirement of providing a copy of the complaint to the agency does not impair the resident’s legal rights or ability to seek relief for his or her claim.

(9) An action under this part for a violation of rights or negligence recognized herein is not a claim for medical malpractice, and s. 768.21(8) does not apply to a claim alleging death of the resident.

History.—ss. 3, 18, ch. 80-186; s. 2, ch. 81-318; ss. 6, 79, 83, ch. 83-181; s. 51, ch. 83-218; s. 1, ch. 86-79; s. 30, ch. 93-177; ss. 4, 49, ch. 93-217; s. 765, ch. 95-148; s. 30, ch. 99-225; s. 4, ch. 2001-45; s. 34, ch. 2001-62; s. 1, ch. 2014-83.

Notes of Decisions

Cited in 78 cases (4 in the last 5 years), 1989–2025 · leading case: Knowles v. Beverly Enter.-Florida, 898 So. 2d 1 (Fla. 2004).

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Knowles v. Beverly Enter.-Florida, 898 So. 2d 1 (Fla. 2004). · cites it 88× “§ 400.023, Fla. Stat. (1981). At the time section 400.”

Thompson v. Kindred Nursing Centers East, LLC, 211 F. Supp. 2d 1345 (M.D. Fla. 2002). · cites it 45× “Motion to Dismiss, or, in the Alternative, Motion to Strike Counts I & II — Negligence and Violation of Nursing Home Residents’ Rights on the Ground that Various Allegations Therein Did Not Cause the Death of the Decedent Prior to the most recent amendments to Fla. Stat. §…”

Florida Convalescent Centers v. Somberg, 840 So. 2d 998 (Fla. 2003). · cites it 45× “NOTES [1] §§ 768.16-768.27, Fla. Stat. (1997).”

Est. of Youngblood v. Halifax Convalescent Ctr., Ltd., 874 So. 2d 596 (Fla. 5th DCA 2004). · cites it 19× “§ 400.023, Fla. Stat. (1997). She concluded the statute was in fact ambiguous, despite the fourth district's 2000 opinion in Beverly Enterprises v.”

Est. of Despain v. Avante Grp., Inc., 900 So. 2d 637 (Fla. 5th DCA 2005). · cites it 10× “[2] Section 400.023, Florida Statutes, was substantially amended in 2001 and subsection (5) was deleted.”

Blankfeld v. Richmond Health Care, Inc., 902 So. 2d 296 (Fla. 4th DCA 2005). · cites it 8× “In 1993, the Legislature amended the statute by enacting section 400.023 ("Civil Enforcement"), providing civil remedies for nursing home residents for violation of the statute.”

Beverly Enter.-Florida v. Spilman, 661 So. 2d 867 (Fla. 5th DCA 1995). · cites it 17× “Eastbrooke contends first that the trial court violated the provisions of section 400.023, Florida Statutes (1991), by denying its motion to dismiss claims for pain and suffering and by instructing the jury that such damages could be awarded.”

Greenfield v. Manor Care, Inc., 705 So. 2d 926 (Fla. 4th DCA 1997). · cites it 12× “As such, we hold that section 400.023, Florida Statutes (1993), must be read in pari materia with section 46.”

Integrated Health Care Serv., Inc. v. Lang-Redway, 840 So. 2d 974 (Fla. 2002). · cites it 10× “§ 400.023, Fla. Stat. (1997) (emphasis added).”

Shotts v. OP Winter Haven, Inc., 86 So. 3d 456 (Fla. 2011). · cites it 5× “In 1993, the Legislature amended the statute by enacting section 400.023 (“Civil Enforcement”), providing civil remedies for nursing home residents for violation of the statute.”

First Healthcare Corp. v. Hamilton, 740 So. 2d 1189 (Fla. 4th DCA 1999). · cites it 16× “Does section 400.023, Florida Statutes (1995), grant to the personal representative of a deceased nursing home resident entitlement to an element of damages to which the personal representative of a deceased not a resident of a nursing home would not be entitled, i.”

Rick Scott, in his Off. capacity etc. v. Gail Francati, 214 So. 3d 742 (Fla. 1st DCA 2017). · cites it 9× “Background Gail Francati, a former nursing home resident, seeks a declaration regarding the constitutionality of the 2014 amendments to section 400.023, Florida Statutes. Fran-cati argues that the amendments violate the separation of powers doctrine by creating new procedural…”

Show all 78 citing cases →

— 400.023(1) — 37 cases

Knowles v. Beverly Enter.-Florida, 898 So. 2d 1 (Fla. 2004). “§ 400.023, Fla. Stat. (1981). At the time section 400.”

Florida Convalescent Centers v. Somberg, 840 So. 2d 998 (Fla. 2003). “NOTES [1] §§ 768.16-768.27, Fla. Stat. (1997).”

Thompson v. Kindred Nursing Centers East, LLC, 211 F. Supp. 2d 1345 (M.D. Fla. 2002). “Motion to Dismiss, or, in the Alternative, Motion to Strike Counts I & II — Negligence and Violation of Nursing Home Residents’ Rights on the Ground that Various Allegations Therein Did Not Cause the Death of the Decedent Prior to the most recent amendments to Fla. Stat. §…”

Blankfeld v. Richmond Health Care, Inc., 902 So. 2d 296 (Fla. 4th DCA 2005). “In 1993, the Legislature amended the statute by enacting section 400.023 ("Civil Enforcement"), providing civil remedies for nursing home residents for violation of the statute.”

Greenfield v. Manor Care, Inc., 705 So. 2d 926 (Fla. 4th DCA 1997). “As such, we hold that section 400.023, Florida Statutes (1993), must be read in pari materia with section 46.”

— 400.023(1)(c) — 1 case

Northport Health v. Louis, 240 So. 3d 120 (Fla. 5th DCA 2018).

— 400.023(2) — 8 cases

Shotts v. OP Winter Haven, Inc., 86 So. 3d 456 (Fla. 2011). “In 1993, the Legislature amended the statute by enacting section 400.023 (“Civil Enforcement”), providing civil remedies for nursing home residents for violation of the statute.”

Shotts v. OP Winter Haven, Inc., 988 So. 2d 639 (Fla. 2d DCA 2008).

Est. of Youngblood v. Halifax Convalescent Ctr., Ltd., 874 So. 2d 596 (Fla. 5th DCA 2004). “§ 400.023, Fla. Stat. (1997). She concluded the statute was in fact ambiguous, despite the fourth district's 2000 opinion in Beverly Enterprises v.”

Place at Vero Beach, Inc. v. Hanson, 953 So. 2d 773 (Fla. 4th DCA 2007).

— 400.023(2)(a) — 2 cases

Lopez ex rel. Lopez v. Andie's, Inc., 137 So. 3d 528 (Fla. 4th DCA 2014).

— 400.023(2)(b) — 2 cases

Sun Coast Nursing Centers, Inc., Airamid Florida, LLC & Howard Jaffe v. Linda Littman, as Pers. Rep. of the Est. of Arthur Littman (Fla. 4th DCA 2020).

Rhonda Lynn Blanton, as Pers. Rep. of the Est. of Linda Eulee Daughtry v. Arbor Facility, Inc., Apex Global Solutions, LLC, Vintage Healthcare, LLC, Michael Bleich, Dwayne Graham, Millennial Healthcare Servs., LLC, Old Wire Road Care, Inc., Florida Care FL, Inc., & Premier Clinical Solutions, Inc., N/K/A Kings Health Mgmt., Inc. (Fla. 5th DCA 2025).

— 400.023(3) — 6 cases

HILLTOPPER HOLDING v. Est. of Cutchin, 955 So. 2d 598 (Fla. 2d DCA 2007).

Integrated Health Care Serv., Inc. v. Lang-Redway, 840 So. 2d 974 (Fla. 2002). “§ 400.023, Fla. Stat. (1997) (emphasis added).”

Rick Scott, in his Off. capacity etc. v. Gail Francati, 214 So. 3d 742 (Fla. 1st DCA 2017). “Background Gail Francati, a former nursing home resident, seeks a declaration regarding the constitutionality of the 2014 amendments to section 400.023, Florida Statutes. Fran-cati argues that the amendments violate the separation of powers doctrine by creating new procedural…”

Resource Healthcare of Am. v. Mckinney, 940 So. 2d 1139 (Fla. 2d DCA 2006).

Integrated Health Care Servs., Inc. v. Lang-Redway, 783 So. 2d 1108 (Fla. 2d DCA 2001).

— 400.023(4) — 4 cases

Integrated Health Care Servs., Inc. v. Lang-Redway, 783 So. 2d 1108 (Fla. 2d DCA 2001).

Integrated Health Care Serv., Inc. v. Lang-Redway, 840 So. 2d 974 (Fla. 2002). “§ 400.023, Fla. Stat. (1997) (emphasis added).”

Preston v. Health Care Corp. of Am., 785 So. 2d 570 (Fla. 4th DCA 2001).

— 400.023(5) — 6 cases

Est. of Despain v. Avante Grp., Inc., 900 So. 2d 637 (Fla. 5th DCA 2005). “[2] Section 400.023, Florida Statutes, was substantially amended in 2001 and subsection (5) was deleted.”

First Healthcare Corp. v. Hamilton, 740 So. 2d 1189 (Fla. 4th DCA 1999). “Does section 400.023, Florida Statutes (1995), grant to the personal representative of a deceased nursing home resident entitlement to an element of damages to which the personal representative of a deceased not a resident of a nursing home would not be entitled, i.”

Romano Ex Rel. Romano v. Manor Care, Inc., 861 So. 2d 59 (Fla. 4th DCA 2003).

Prieto v. Healthcare & Ret. Corp., 919 So. 2d 531 (Fla. 3d DCA 2005).

— 400.023(7) — 2 cases

Est. of Despain v. Avante Grp., Inc., 900 So. 2d 637 (Fla. 5th DCA 2005). “[2] Section 400.023, Florida Statutes, was substantially amended in 2001 and subsection (5) was deleted.”

Tandem Healthcare, Inc. v. Benjamin, 969 So. 2d 519 (Fla. 4th DCA 2007).

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