Florida Statutes
Fla. Stat. § 400.151 (2025)
Contracts.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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400.151 Contracts.—
(1) The presence of each resident in a facility shall be covered by a contract, executed by the licensee and the resident or his or her designee or legal representative at the time of admission or prior thereto and at the expiration of the term of a previous contract, and modified by the licensee and the resident or his or her designee or legal representative at the time the source of payment for the resident’s care changes. Each party to the contract is entitled to a duplicate original thereof, printed in boldfaced type, and the licensee shall keep on file all contracts which it has with residents. The licensee may not destroy or otherwise dispose of any such contract until 5 years after its expiration or such longer period as may be provided in the rules of the agency. Microfilmed records or records reproduced by a similar process of duplication may be kept in lieu of the original records.
(2) Each contract to which this section applies shall contain express provisions specifically setting forth the services and accommodations to be provided by the licensee, the rates or charges therefor, bed reservation and refund policies, and any other matters which the parties deem appropriate. The licensee shall attach to the contract a list of services and supplies available but not covered by the per diem rate of the facility or by Titles XVIII and XIX of the Social Security Act and the standard charge to the resident for each item. The licensee shall provide written notification to each party to the contract of any changes in any attachment thereto, no fewer than 14 days in advance of the effective date of those changes. The agency shall specify by rule an alternative method for notification of changes in the cost of supplies. If the resident is a party to the contract, the licensee shall provide him or her with a written and oral notification of the changes.
History.—s. 14, ch. 69-309; ss. 19, 35, ch. 69-106; s. 13, ch. 70-361; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 10, 18, ch. 80-186; ss. 2, 3, ch. 81-318; ss. 19, 79, 83, ch. 83-181; s. 46, ch. 85-81; s. 30, ch. 93-177; ss. 19, 49, ch. 93-217; s. 767, ch. 95-148.
Notes of Decisions
Cited in 6
cases, 2004–2016 · leading case: Juan Mendez, Jr., etc. v. Hampton Court Nursing Ctr., LLC., 203 So. 3d 146 (Fla. 2016).
Juan Mendez, Jr., etc. v. Hampton Court Nursing Ctr., LLC., 203 So. 3d 146 (Fla. 2016). “Instead, the Petitioner relies on the effect of section 400.151, Florida Statutes (2009), which sets forth requirements for nursing home contracts.”
Gessa v. Manor Care of Florida, Inc., 86 So. 3d 484 (Fla. 2011). “”); § 400.151(2), Fla. Stat. (2004) (stating that nursing home contract shall include “any other matters which the parties deem appropriate”); cf.”
Bland v. Health Care & Ret. Corp., 927 So. 2d 252 (Fla. 2d DCA 2006). “See § 400.151(2) (stating that nursing home contract shall include "any other matters which the parties deem appropriate").”
ALTERRA HEALTHCARE v. Est. of Linton Ex Rel. Graham, 953 So. 2d 574 (Fla. 1st DCA 2007). “See § 400.151(2) (stating that nursing home contract shall include `any other matters which the parties deem appropriate')").”
Mendez v. Hampton Court Nursing Ctr., LLC, 140 So. 3d 671 (Fla. 3d DCA 2014). “For the same reason, it is irrelevant to the third-party beneficiary analysis whether the son’s signature as “Resident’s Representative” on the agreement qualified as the signature of the father’s “designee or legal representative” under section 400.151, Florida Statutes.…”
Richmond Healthcare, Inc. v. Digati, 878 So. 2d 388 (Fla. 4th DCA 2004). “(2003), which states: "(1) The presence of each resident in a facility shall be covered by a contract, executed by the licensee and the resident or his or her designee or legal representative at the time of admission or prior thereto and at the expiration of the term of a…”
— 400.151(2) — 3 cases
Gessa v. Manor Care of Florida, Inc., 86 So. 3d 484 (Fla. 2011). “”); § 400.151(2), Fla. Stat. (2004) (stating that nursing home contract shall include “any other matters which the parties deem appropriate”); cf.”
Bland v. Health Care & Ret. Corp., 927 So. 2d 252 (Fla. 2d DCA 2006). “See § 400.151(2) (stating that nursing home contract shall include "any other matters which the parties deem appropriate").”
ALTERRA HEALTHCARE v. Est. of Linton Ex Rel. Graham, 953 So. 2d 574 (Fla. 1st DCA 2007). “See § 400.151(2) (stating that nursing home contract shall include `any other matters which the parties deem appropriate')").”
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