Florida Statute 400.023 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES

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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.

F.S. 400.023 on Google Scholar

F.S. 400.023 on CourtListener

Amendments to 400.023

Annotations, Discussions, Cases:

Cases Citing Statute 400.023

Total Results: 81

Knowles v. Beverly Enterprises-Florida

898 So. 2d 1, 2004 WL 2922097

Supreme Court of Florida | Filed: Dec 16, 2004 | Docket: 1732329

Cited 89 times | Published

REPRESENTATIVE BRING A STATUTORY CAUSE OF ACTION UNDER SECTION 400.023(1), FLORIDA STATUTES (1997), ON BEHALF OF A

Gainesville Health Care Center, Inc. v. Weston

857 So. 2d 278, 2003 WL 22142519

District Court of Appeal of Florida | Filed: Sep 18, 2003 | Docket: 1759178

Cited 67 times | Published

2001-45, § 9, at 229, Laws of Fla. In addition, section 400.023(1) was amended to provide that attorney's fees

Villazon v. Prudential Health Care Plan, Inc.

843 So. 2d 842, 28 Fla. L. Weekly Supp. 267, 2003 Fla. LEXIS 461, 2003 WL 1561528

Supreme Court of Florida | Filed: Mar 27, 2003 | Docket: 1244055

Cited 56 times | Published

deprivation of a resident's statutory rights. See § 400.023(1), Fla. Stat. (1997); Somberg v. Florida Convalescent

DADELAND DEPOT. v. St. Paul Fire and Marine

945 So. 2d 1216, 31 Fla. L. Weekly Supp. 882, 2006 Fla. LEXIS 2953, 2006 WL 3741019

Supreme Court of Florida | Filed: Dec 21, 2006 | Docket: 2451707

Cited 49 times | Published

of determining the proper construction of section 400.023 of the Florida Statutes (1997). In construing

Thompson v. Kindred Nursing Centers East, LLC

211 F. Supp. 2d 1345, 2002 U.S. Dist. LEXIS 10210, 2002 WL 1257767

District Court, M.D. Florida | Filed: Apr 16, 2002 | Docket: 2437549

Cited 42 times | Published

residents' rights pursuant to Fla. Stat. § 400.022 and § 400.023. [Docket No. 10]. While Defendant Kindred, failed

Blankfeld v. Richmond Health Care, Inc.

902 So. 2d 296, 2005 WL 1226070

District Court of Appeal of Florida | Filed: May 25, 2005 | Docket: 2544764

Cited 41 times | Published

Nursing Home Residents Act, which provides in section 400.023(2): In any claim brought pursuant to this part

Estate of Despain v. Avante Group, Inc.

900 So. 2d 637, 2005 WL 672090

District Court of Appeal of Florida | Filed: Mar 24, 2005 | Docket: 463202

Cited 37 times | Published

recover punitive damages in appropriate cases. § 400.023(1), Fla. Stat. (1999); see also Beverly Enters

Romano Ex Rel. Romano v. Manor Care, Inc.

861 So. 2d 59, 2003 WL 22240322

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 2448863

Cited 35 times | Published

with a cause of action for their violation. See § 400.023(1). Because the legislature recognized that some

Shotts v. OP Winter Haven, Inc.

86 So. 3d 456, 36 Fla. L. Weekly Supp. 665, 2011 Fla. LEXIS 2764, 2011 WL 5864830

Supreme Court of Florida | Filed: Nov 23, 2011 | Docket: 60307687

Cited 29 times | Published

Legislature amended the statute by enacting section 400.023 (“Civil Enforcement”), providing civil remedies

Greenfield v. Manor Care, Inc.

705 So. 2d 926, 1998 WL 25538

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 1753762

Cited 28 times | Published

charges in the bills rendered by Manor Care. Section 400.023(1), Florida Statutes (1993) gives residents

HILLTOPPER HOLDING v. Estate of Cutchin

955 So. 2d 598, 2007 WL 703554

District Court of Appeal of Florida | Filed: Mar 9, 2007 | Docket: 1186346

Cited 26 times | Published

its operation of the nursing home according to § 400.023(3), Florida Statutes. 16. Defendant, CENTENNIAL

Bland v. Health Care and Retirement Corp.

927 So. 2d 252, 2006 WL 1235910

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 2041918

Cited 26 times | Published

The statute does not cap noneconomic damages. § 400.023-.0238. In the trial court, Mrs. Bland argued that

Unicare Health Facilities, Inc. v. Mort

553 So. 2d 159, 14 Fla. L. Weekly 558, 1989 Fla. LEXIS 1064, 1989 WL 132637

Supreme Court of Florida | Filed: Nov 2, 1989 | Docket: 1258966

Cited 23 times | Published

assessment and award of attorney's fees pursuant to section 400.023, along with an affidavit of Hoak's attorney

Fassy v. Crowley

884 So. 2d 359, 2004 WL 2008478

District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 1281861

Cited 22 times | Published

of a nursing home resident's statutory rights, § 400.023(1). More important, chapter 400 established a

ALTERRA HEALTHCARE v. Estate of Linton Ex Rel. Graham

953 So. 2d 574, 2007 WL 597008

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 179727

Cited 19 times | Published

Inc., 898 So.2d 1, 9 (Fla.2004) (ruling that section 400.023 is a legislatively created cause of action

Florida Convalescent Centers v. Somberg

840 So. 2d 998, 28 Fla. L. Weekly Supp. 122, 2003 Fla. LEXIS 166, 2003 WL 252155

Supreme Court of Florida | Filed: Feb 6, 2003 | Docket: 1748290

Cited 17 times | Published

representative bringing a cause of action under section 400.023(1), Florida Statutes (1997), are not limited

Lacey v. HEALTHCARE AND RETIREMENT CORP.

918 So. 2d 333, 2005 WL 3180033

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 1715279

Cited 16 times | Published

and punitive damages for violations of the Act. § 400.023, Fla. Stat. (2004). To the extent that a contractual

Beverly Enterprises-Florida v. Spilman

661 So. 2d 867, 1995 WL 570434

District Court of Appeal of Florida | Filed: Sep 29, 1995 | Docket: 1526481

Cited 16 times | Published

the trial court violated the provisions of section 400.023, Florida Statutes (1991), by denying its motion

Integrated Health Care Serv., Inc. v. Lang-Redway

840 So. 2d 974, 27 Fla. L. Weekly Supp. 1030, 2002 Fla. LEXIS 2591, 2002 WL 31769252

Supreme Court of Florida | Filed: Dec 12, 2002 | Docket: 1748206

Cited 13 times | Published

had fulfilled the presuit requirements under section 400.023(4), she had failed to fulfill the presuit requirements

Laizure v. Avante at Leesburg, Inc.

109 So. 3d 752, 38 Fla. L. Weekly Supp. 102, 2013 WL 535417, 2013 Fla. LEXIS 249

Supreme Court of Florida | Filed: Feb 14, 2013 | Docket: 60229788

Cited 12 times | Published

violation of the rights set forth in section 400.022. § 400.023, Fla. Stat. (2008). The action may be brought

Arthur v. Unicare Health Facilities, Inc.

602 So. 2d 596, 1992 WL 135047

District Court of Appeal of Florida | Filed: Jun 19, 1992 | Docket: 161001

Cited 12 times | Published

plaintiff, if he prevails, to damages under section 400.023, Florida Statutes (1989). However, I cannot

RESOURCE HEALTHCARE OF AMERICA v. McKinney

940 So. 2d 1139, 2006 WL 2347783

District Court of Appeal of Florida | Filed: Aug 11, 2006 | Docket: 1523923

Cited 11 times | Published

the operation of the nursing home according to § 400.023(3), Florida Statutes (2001). Additionally, Mr

First Healthcare Corp. v. Hamilton

740 So. 2d 1189, 1999 WL 436802

District Court of Appeal of Florida | Filed: Aug 18, 1999 | Docket: 1456563

Cited 11 times | Published

here can be framed quite succinctly. Does section 400.023, Florida Statutes (1995), grant to the personal

Key West Convalescent Center v. Doherty

619 So. 2d 367, 1993 Fla. App. LEXIS 5848, 1993 WL 174255

District Court of Appeal of Florida | Filed: May 25, 1993 | Docket: 1721690

Cited 10 times | Published

to add a claim for punitive damages under section 400.023, Florida Statutes (1991). We grant the petition

Merkle v. Health Options, Inc.

940 So. 2d 1190

District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 1523962

Cited 9 times | Published

852 (citing § 400.022(1)(l), Fla. Stat. (1997); § 400.023(1), Fla. Stat. (1997)). The supreme court refused

Estate of Youngblood v. Halifax Convalescent Center, Ltd.

874 So. 2d 596, 2004 WL 119298

District Court of Appeal of Florida | Filed: Jan 23, 2004 | Docket: 1473839

Cited 9 times | Published

case held that pursuant to the version of section 400.023 which was in effect at the time Youngblood

Beverly Enterprises-Florida, Inc. v. Knowles

766 So. 2d 335, 2000 WL 668482

District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 1329621

Cited 9 times | Published

the Patient's Bill of Rights. Interpreting section 400.023(1) to preclude actions by a personal representative

High Ridge Management Corp. v. State

354 So. 2d 377, 1977 Fla. LEXIS 4107

Supreme Court of Florida | Filed: Dec 22, 1977 | Docket: 1279858

Cited 9 times | Published

provided for in Section 7 of Chapter 76-201, Section 400.23(3) and (4), Florida Statutes (Supp. 1976).

Prieto v. Healthcare and Retirement Corp.

919 So. 2d 531, 2005 WL 3479850

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1269238

Cited 7 times | Published

with a cause of action for their violation. See § 400.023(1). Because the legislature recognized that some

Beverly Health & Rehab. v. Freeman Ex Rel. Freeman

709 So. 2d 549, 1998 WL 66958

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 1682053

Cited 7 times | Published

Ralph T. Freeman, in an action pursuant to section 400.023, Florida Statutes (1993), for damages allegedly

Gessa v. Manor Care of Florida, Inc.

86 So. 3d 484, 36 Fla. L. Weekly Supp. 676, 2011 Fla. LEXIS 2765, 2011 WL 5864823

Supreme Court of Florida | Filed: Nov 23, 2011 | Docket: 60307688

Cited 6 times | Published

Inc., 898 So.2d 1, 9 (Fla.2004) (ruling that section 400.023 is a legislatively created cause of action

Place at Vero Beach, Inc. v. Hanson

953 So. 2d 773, 2007 WL 1202242

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 1320024

Cited 6 times | Published

the Nursing Home Resident's Act, found in section 400.023(2), Florida Statutes, calls for a preponderance

NATIONAL HEALTHCORP LTD. v. Cascio

725 So. 2d 1190, 1998 WL 904101

District Court of Appeal of Florida | Filed: Dec 30, 1998 | Docket: 1293968

Cited 6 times | Published

potentially recoverable in this case pursuant to section 400.023, Florida Statutes (1991), are extensive under

Goodin v. Bank of America N.A.

114 F. Supp. 3d 1197, 2015 U.S. Dist. LEXIS 81318, 2015 WL 3866872

District Court, M.D. Florida | Filed: Jun 23, 2015 | Docket: 64302853

Cited 5 times | Published

of the "Torts” title be*1215cause Fla. Stat. § 400.023, in the "Public Health” title of the Florida code

Williams v. Tandem Health Care of Florida

899 So. 2d 369, 2005 WL 700953

District Court of Appeal of Florida | Filed: Mar 29, 2005 | Docket: 1705716

Cited 5 times | Published

infringement of a nursing-home resident's rights under section 400.23, Florida Statutes (2000), of the RRA, authorizing

Fi-Tampa, LLC v. Kelly-Hall

135 So. 3d 563, 2014 WL 1396593, 2014 Fla. App. LEXIS 5355

District Court of Appeal of Florida | Filed: Apr 11, 2014 | Docket: 60239698

Cited 4 times | Published

all of the statutory remedies provided by section 400.023, Florida Statutes (2011), are still available

Shotts v. OP Winter Haven, Inc.

988 So. 2d 639, 2008 WL 2435576

District Court of Appeal of Florida | Filed: Jun 18, 2008 | Docket: 1722231

Cited 4 times | Published

contrary to the Nursing Home Residents *643 Act, section 400.023(2), Florida Statutes (2001).[3]Blankfeld, 902

Menorah Manor v. Agency for Health Care

908 So. 2d 1100, 2005 Fla. App. LEXIS 11048, 2005 WL 1680111

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 1397775

Cited 4 times | Published

residents are being admitted to the facility." § 400.23(7)(d), Fla. Stat. (2003). AHCA was required to

NATIONAL HEALTHCORP v. Close

787 So. 2d 22, 2001 WL 37858

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 1496339

Cited 4 times | Published

defendant's entitlement to attorney's fees under section 400.023, Florida Statutes." This appeal by National

Northport Health v. Louis

240 So. 3d 120

District Court of Appeal of Florida | Filed: Feb 26, 2018 | Docket: 6329012

Cited 3 times | Published

violation of these rights or for negligence, § 400.023(1)(c), Fla. Stat. (2016), and there are no caps

Villa Maria Nursing & Rehabilitation Center, Inc. v. South Broward Hospital District

8 So. 3d 1167, 2009 Fla. App. LEXIS 2893, 2009 WL 928461

District Court of Appeal of Florida | Filed: Apr 8, 2009 | Docket: 1156921

Cited 3 times | Published

wound, Sanders sued the nursing home under section 400.023, Florida Statutes (2001). That section allows

Doyle v. Mariner Healthcare of Nashville

889 So. 2d 829, 2004 WL 2308989

District Court of Appeal of Florida | Filed: Oct 15, 2004 | Docket: 1488188

Cited 3 times | Published

Fourth District Court of Appeal concluded that section 400.023(1) unambiguously provides that a personal representative

Richmond Healthcare, Inc. v. Digati

878 So. 2d 388, 2004 WL 1196637

District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 1353796

Cited 3 times | Published

of chapter 400, part II, Florida Statutes. See § 400.23, Fla. Stat. (2003).[1] The trial court held two

Jackson v. York Hannover Nursing Centers

876 So. 2d 8, 2004 Fla. App. LEXIS 6427, 2004 WL 1057650

District Court of Appeal of Florida | Filed: May 7, 2004 | Docket: 1245572

Cited 3 times | Published

Chapter 400, Florida Statutes (1999), and since section 400.023(1) allows only the licensee of a nursing home

Somberg v. FLA. CONVALESCENT CENTERS, INC.

779 So. 2d 667, 2001 WL 273817

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 1521042

Cited 3 times | Published

nursing home resident's statutory rights. Id. § 400.023(1). The personal representative determined that

Integrated Health Care Services, Inc. v. Lang-Redway

783 So. 2d 1108, 2001 WL 228024

District Court of Appeal of Florida | Filed: Mar 9, 2001 | Docket: 1259332

Cited 3 times | Published

complied with the presuit conditions contained in section 400.023(4), Florida Statutes (1997). The defendants

Beverly Enterprises-Florida, Inc. v. ESTATE OF MAGGIACOMO EX REL. STALLEY

651 So. 2d 816, 1995 WL 96894

District Court of Appeal of Florida | Filed: Mar 10, 1995 | Docket: 1518165

Cited 3 times | Published

Maggiacomo's nursing home rights, pursuant to section 400.023, Florida Statutes (1993). The specific misconduct

FI-Evergreen Woods, LLC v. Estate of Vrastil

118 So. 3d 859, 2013 Fla. App. LEXIS 10753, 2013 WL 3357519

District Court of Appeal of Florida | Filed: Jul 5, 2013 | Docket: 60233454

Cited 2 times | Published

availability of punitive damages authorized by section 400.023. Id. at 476-77. Because the agreement in Shotts

Scheible v. Joseph L. Morse Geriatric Ctr., Inc.

988 So. 2d 1130, 2008 WL 2906901

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 1385118

Cited 2 times | Published

So.2d 335 (Fla. 4th DCA 2000), holding that section 400.023, Florida Statutes, provided for the personal

NME Properties, Inc. v. Rudich

840 So. 2d 309, 2003 WL 289415

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 1463590

Cited 2 times | Published

independent contractor to perform certain tasks. Section 400.23(1), Florida Statutes (1995), provides a cause

Beverly Enterprises-Florida, Inc. v. Knowles

763 So. 2d 1285, 2000 WL 1189387

District Court of Appeal of Florida | Filed: Aug 23, 2000 | Docket: 1681756

Cited 2 times | Published

REPRESENTATIVE BRING A STATUTORY CAUSE OF ACTION UNDER SECTION 400.023(1), FLORIDA STATUTES (1997), ON BEHALF OF A

Rick Scott, in his official capacity etc. v. Gail Francati

214 So. 3d 742, 2017 Fla. App. LEXIS 3663

District Court of Appeal of Florida | Filed: Mar 20, 2017 | Docket: 4619335

Cited 1 times | Published

constitutionality of the 2014 amendments to section 400.023, Florida Statutes. Fran-cati argues that the

Estate of Deresh ex rel. Schneider v. FS Tenant Pool III Trust

95 So. 3d 296, 2012 WL 2813819, 2012 Fla. App. LEXIS 11284

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60311174

Cited 1 times | Published

remedies, including punitive damages, in section 400.023. See § 400.023(1) (“The action may be brought in any

Manorcare Health Services, Inc. v. Stiehl

22 So. 3d 96, 2009 Fla. App. LEXIS 11756, 2009 WL 2568264

District Court of Appeal of Florida | Filed: Aug 21, 2009 | Docket: 1063068

Cited 1 times | Published

fees or costs, including under Florida Statutes § 400.023 § 400.029 and § 57.105 and Proposals for Settlement

Tandem Healthcare, Inc. v. Benjamin

969 So. 2d 519, 2007 WL 4126518

District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 1403683

Cited 1 times | Published

not constitute claims of medical malpractice. § 400.023(7), Fla. Stat. ("An action under this part for

Estate of Jones v. MARINER HEALTH CARE

955 So. 2d 43, 2007 Fla. App. LEXIS 3857, 2007 WL 776524

District Court of Appeal of Florida | Filed: Mar 16, 2007 | Docket: 1659303

Cited 1 times | Published

not bring a claim under the 1997 version of section 400.023(1) when the alleged violation did not cause

TAMPA MEDICAL ASSOCIATES v. Estate of Craig

915 So. 2d 660, 2005 WL 2512991

District Court of Appeal of Florida | Filed: Oct 12, 2005 | Docket: 1690685

Cited 1 times | Published

the legislature provided for a cause of action. § 400.023, Fla. Stat. (2000). The chapter also provides

Estate of Vazquez v. Avante Groups, Inc.

880 So. 2d 723, 2004 Fla. App. LEXIS 12199, 2004 WL 1073985

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 1294843

Cited 1 times | Published

proper case, for recovery of punitive damages. § 400.023(1), Fla. Stat. The question is whether the estate

Beverly Healthcare Kissimmee v. Agency for Health Care Admin.

870 So. 2d 208, 2004 Fla. App. LEXIS 3521, 2004 WL 533171

District Court of Appeal of Florida | Filed: Mar 19, 2004 | Docket: 618089

Cited 1 times | Published

Beverly's nursing home conducted pursuant to section 400.23, Florida Statutes (2001). The surveyors classified

Angelo v. Healthcare

824 So. 2d 997, 2002 Fla. App. LEXIS 12395, 2002 WL 1972320

District Court of Appeal of Florida | Filed: Aug 28, 2002 | Docket: 64817156

Cited 1 times | Published

Appellant filed suit against appellee pursuant to section 400.023, Florida Statutes, alleging that appellee and

Rhonda Lynn Blanton, as Personal Representative of the Estate of Linda Eulee Daughtry v. Arbor Facility, Inc., Apex Global Solutions, LLC, Vintage Healthcare, LLC, Michael Bleich, Dwayne Graham, Millennial Healthcare Services, LLC, Old Wire Road Care, Inc., Florida Care FL, Inc., and Premier Clinical Solutions, Inc., N/K/A Kings Health Management, Inc.

District Court of Appeal of Florida | Filed: Aug 8, 2025 | Docket: 71060092

Published

that it does. The complaint arises from section 400.023, Florida Statutes (2021), “which governs civil

Jody Meyer v. U-Haul Co of Florida, and Cindy Pronto

District Court of Appeal of Florida | Filed: Sep 4, 2024 | Docket: 69127363

Published

for such injury or death” against the facility. § 400.023(1), Fla. Stat. The suit in Laizure depended on

SUN COAST NURSING CENTERS, INC., AIRAMID FLORIDA, LLC and HOWARD JAFFE v. LINDA LITTMAN, as Personal Representative of the ESTATE OF ARTHUR LITTMAN

District Court of Appeal of Florida | Filed: Apr 8, 2020 | Docket: 17052266

Published

alleged that appellants were liable under section 400.023(2)(b), Florida Statutes (2016), which governs

Lopez ex rel. Lopez v. Andie's, Inc.

137 So. 3d 528, 2014 WL 1301528, 2014 Fla. App. LEXIS 4777

District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60240349

Published

937 So.2d 268, 266 (Fla. 4th DCA 2006). Like section 400.023 of the NHRA, section 429.29(2) of the ALFA

Sarasota Facility Operations, LLC v. Manning

112 So. 3d 712, 2013 WL 1891311, 2013 Fla. App. LEXIS 7356

District Court of Appeal of Florida | Filed: May 8, 2013 | Docket: 60231235

Published

available in the Nursing Home Resident’s Act, § 400.023(2), Fla. Stat. (2001). Blankfeld, 902 So.2d at

LTCSP-ST. Petersburg, LLC v. Robinson

96 So. 3d 986, 2012 Fla. App. LEXIS 13361, 2012 WL 3238263

District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60311618

Published

available to nursing home residents under section 400.023, Florida Statutes (2007), this provision is

Franks v. Bowers

62 So. 3d 16, 2011 Fla. App. LEXIS 3493, 2011 WL 891941

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 2361161

Published

action for violations of those rights. See e.g. § 400.023, Fla. Stat. The medical negligence provisions

Hebrew Homes of Miami Beach, Inc. v. La Rosa

56 So. 3d 103, 2011 Fla. App. LEXIS 3170, 2011 WL 798876

District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 60298487

Published

SUAREZ, J. Affirmed. § 400.023(1), Fla. Stat. (2006); Stalley v. Transitional Hosps. Corp. of Tampa

In Re Estate of Trollinger

9 So. 3d 667, 2009 WL 928578

District Court of Appeal of Florida | Filed: Apr 8, 2009 | Docket: 1667660

Published

Defendants' Motions to Dismiss on the basis of section 400.023(1), Florida Statutes (2005), which provides:

Savoretti v. MHC/CSI Florida, Inc.

9 So. 3d 667, 2009 Fla. App. LEXIS 2899

District Court of Appeal of Florida | Filed: Apr 8, 2009 | Docket: 60309067

Published

Defendants’ Motions to Dismiss on the basis of section 400.023(1), Florida Statutes (2005), which provides:

W. Frank Wells Nursing Home v. State, Agency for Health Care Administration

979 So. 2d 339, 2008 Fla. App. LEXIS 5088, 33 Fla. L. Weekly Fed. D 959

District Court of Appeal of Florida | Filed: Apr 7, 2008 | Docket: 64854603

Published

report was prepared on Federal Form 2567. Under section 400.23(7)(d), Florida Statutes (2003), Menorah Manor

Forry v. Scottsdale Insurance Co.

899 So. 2d 1260, 2005 Fla. App. LEXIS 5559, 2005 WL 924346

District Court of Appeal of Florida | Filed: Apr 22, 2005 | Docket: 64837846

Published

violation of a nursing home resident’s rights, see § 400.023, Fla. Stat. (1993-2001). Scottsdale Insurance

Cora Health Services, Inc. v. Steinbronn

867 So. 2d 587, 2004 Fla. App. LEXIS 2941, 2004 WL 401531

District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 64828655

Published

expressed the intent to file suit pursuant to section 400.023, Florida Statutes, for “deprivations and/or

Graber v. Joseph L. Morse Geriatric Center, Inc.

837 So. 2d 473, 2002 Fla. App. LEXIS 19142, 2002 WL 31870203

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 64820708

Published

her husband’s rights as a resident, under section 400.023, Florida Statutes (1999), resulting in his

Pinehurst Convalescent Center v. Agency for Health Care Administration

814 So. 2d 452, 2001 Fla. App. LEXIS 16392, 2001 WL 1473700

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 64814493

Published

immediately. § 400.23(9)(a). The present ease involved a Class II deficiency, described in section 400.23(9)(b):

Preston v. HEALTH CARE CORP. OF AMERICA

785 So. 2d 570, 2001 WL 321249

District Court of Appeal of Florida | Filed: Apr 4, 2001 | Docket: 1510130

Published

decedent's nursing home, for wrongful death under section 400.023, Florida Statutes (1997), of the Florida Nursing

Rodriguez ex rel. Estate of Rodriguez-Bobes v. Nursing Center at Mercy

752 So. 2d 1231, 2000 Fla. App. LEXIS 1676, 2000 WL 201445

District Court of Appeal of Florida | Filed: Feb 23, 2000 | Docket: 64795710

Published

personal representative can bring an action under Section 400.023 in connection with an infringement of a patient’s

Beverly Enterprises-Florida v. Agency for Health Care Administration

745 So. 2d 1133, 1999 Fla. App. LEXIS 16880, 1999 WL 1188834

District Court of Appeal of Florida | Filed: Dec 16, 1999 | Docket: 64792724

Published

safety or security of nursing home residents. § 400.23(9)(b), Fla. Stat. (1995). A single class II deficiency

Beverly Enterprises-Florida, Inc. v. Agency for Health Care Administration

710 So. 2d 106, 1998 Fla. App. LEXIS 3781, 1998 WL 171505

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 64780740

Published

staffing shortage was a Class III deficiency under section 400.23(9)(c), and subject to a fine of $500 for *108each

Garcia v. Brookwood Extended Care Center of Homestead

643 So. 2d 715, 1994 Fla. App. LEXIS 10011, 1994 WL 568461

District Court of Appeal of Florida | Filed: Oct 19, 1994 | Docket: 64751441

Published

for whose benefit the action is brought.” Section 400.023, Florida Statutes, provides that: Any resident

Mort v. Unicare Health Facilities, Inc.

537 So. 2d 203, 14 Fla. L. Weekly 244, 1989 Fla. App. LEXIS 258, 1989 WL 3905

District Court of Appeal of Florida | Filed: Jan 20, 1989 | Docket: 64639956

Published

asserting that she was a prevailing party under section 400.-023. The trial court denied the motion on the

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 400 in the context of nursing home negligence and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.