Florida Statute 400.071 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES

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F.S. 400.071

400.071 Application for license.—

(1) In addition to the requirements of part II of chapter 408, the application for a license shall be under oath and must contain the following:

(a) The location of the facility for which a license is sought and an indication, as in the original application, that such location conforms to the local zoning ordinances.

(b) A signed affidavit disclosing any financial or ownership interest that a controlling interest as defined in part II of chapter 408 has held in the last 5 years in any entity licensed by this state or any other state to provide health or residential care which has closed voluntarily or involuntarily; has filed for bankruptcy; has had a receiver appointed; has had a license denied, suspended, or revoked; or has had an injunction issued against it which was initiated by a regulatory agency. The affidavit must disclose the reason any such entity was closed, whether voluntarily or involuntarily.

(d) Information relating to the applicant and employees which the agency requires by rule. The applicant must demonstrate that sufficient numbers of qualified staff, by training or experience, will be employed to properly care for the type and number of residents who will reside in the facility.

(e) Copies of any civil verdict or judgment involving the applicant rendered within the 10 years preceding the application, relating to medical negligence, violation of residents’ rights, or wrongful death. As a condition of licensure, the licensee agrees to provide to the agency copies of any new verdict or judgment involving the applicant, relating to such matters, within 30 days after filing with the clerk of the court. The information required in this paragraph shall be maintained in the facility’s licensure file and in an agency database which is available as a public record.

(2) As a condition of licensure, each licensee, except one offering continuing care agreements as defined in chapter 651, must agree to accept recipients of Title XIX of the Social Security Act on a temporary, emergency basis. The persons whom the agency may require such licensees to accept are those recipients of Title XIX of the Social Security Act who are residing in a facility in which existing conditions constitute an immediate danger to the health, safety, or security of the residents of the facility.

(3) It is the intent of the Legislature that, in reviewing a certificate-of-need application to add beds to an existing nursing home facility, preference be given to the application of a licensee who has been awarded a Gold Seal as provided for in s. 400.235, if the applicant otherwise meets the review criteria specified in s. 408.035.

(4) The agency may develop an abbreviated survey for licensure renewal applicable to a licensee that has continuously operated as a nursing facility since 1991 or earlier, has operated under the same management for at least the preceding 30 months, and has had during the preceding 30 months no class I or class II deficiencies.

(5) As a condition of licensure, each facility must establish and submit with its application a plan for quality assurance and for conducting risk management.

History.—s. 6, ch. 69-309; ss. 19, 35, ch. 69-106; ss. 5, 6, ch. 70-361; s. 1, ch. 70-439; s. 3, ch. 76-168; s. 2, ch. 76-201; s. 236, ch. 77-147; s. 2, ch. 77-323; s. 1, ch. 77-457; ss. 4, 9, ch. 79-268; ss. 5, 18, ch. 80-186; ss. 2, 3, ch. 81-318; ss. 12, 79, 83, ch. 83-181; s. 44, ch. 87-92; s. 30, ch. 93-177; ss. 11, 49, ch. 93-217; s. 11, ch. 97-87; s. 1, ch. 98-85; ss. 41, 71, ch. 98-171; s. 9, ch. 99-394; s. 71, ch. 2000-349; s. 15, ch. 2001-45; s. 25, ch. 2001-53; s. 2, ch. 2001-67; s. 148, ch. 2001-277; s. 18, ch. 2001-377; s. 18, ch. 2003-57; s. 417, ch. 2003-261; s. 46, ch. 2004-267; s. 2, ch. 2004-298; s. 60, ch. 2007-230.

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Amendments to 400.071

Arrestable Offenses / Crimes under Fla. Stat. 400.071

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 400.071.

Annotations, Discussions, Cases:

Cases Citing Statute 400.071

Total Results: 9

STAR CASUALTY INSURANCE COMPANY v. GABLES INSURANCE RECOVERY, INC., A/A/O ANA MARIA CORREA

Court: District Court of Appeal of Florida | Date Filed: 2022-07-20

Snippet: section 627.736(1)(a). After the insurer paid only $400.71 and denied the remainder of the claim, Gables

Yeoman v. CILB

Court: District Court of Appeal of Florida | Date Filed: 2005-12-22

Citation: 919 So. 2d 542, 2005 WL 3487856

Snippet: misdemeanors, or lack of civil rights. See, e.g., § 400.071(3), Fla. Stat. (2004) (nursing home license); §

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-07-25

Snippet: (1991), which regulated nursing homes.1 Section 400.071(3), Florida Statutes (1991), required applicants

Brookwood-Jackson County Convalescent Center v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1992-01-02

Citation: 591 So. 2d 1085, 1992 Fla. App. LEXIS 97

Snippet: for the licensed facility or service. Section 400.071(7), Florida Statutes (1987), provides in part:

Freeman v. State, Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1983-07-26

Citation: 436 So. 2d 964, 1983 Fla. App. LEXIS 19947

Snippet: such regulation by the HRS. See Secs. 400.23(2); 400.071(6), Florida Statutes (1981); 42 U.S.C. §§ 1396

State Ex Rel. Guardian Credit Indemnity Corp. v. Harrison

Court: Supreme Court of Florida | Date Filed: 1954-07-23

Citation: 74 So. 2d 371, 1954 Fla. LEXIS 1126

Snippet: Photo Materials Co., 1927, 273 U.S. 359, 47 S.Ct. 400, 71 L.Ed. 684 the Supreme Court held that the words

Owens v. Fosdick

Court: Supreme Court of Florida | Date Filed: 1943-05-18

Citation: 13 So. 2d 700, 153 Fla. 17, 1943 Fla. LEXIS 539

Snippet: v. Ward, 282 U.S. 379, 51 S.Ct. 170, 75 L.Ed. 400, 71 A.L.R. 1226. The tax assessor leans heavily on

State Ex Rel. Lane Drug Stores, Inc. v. Simpson

Court: Supreme Court of Florida | Date Filed: 1935-11-26

Citation: 166 So. 227, 122 Fla. 582

Snippet: Ward, 282 U.S. 379, 51 S. Ct. 170, 75 L. Ed. 400, 71 A.L.R. 1226. Thus it is not a direct tax upon the

City of Pensacola v. Herron

Court: Supreme Court of Florida | Date Filed: 1933-11-16

Citation: 150 So. 877, 112 Fla. 742, 1933 Fla. LEXIS 2343

Snippet: Photo Materials Co., 273 U.S. 359,47 Sup. Ct. Rep. 400, 71 L.Ed. 684. Tested by the rule applicable to civil