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The 2025 Florida Statutes
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F.S. 400.23400.23 Rules; evaluation and deficiencies; licensure status.—(1) It is the intent of the Legislature that rules published and enforced pursuant to this part and part II of chapter 408 shall include criteria by which a reasonable and consistent quality of resident care may be ensured and the results of such resident care can be demonstrated and by which safe and sanitary nursing homes can be provided. It is further intended that reasonable efforts be made to accommodate the needs and preferences of residents to enhance the quality of life in a nursing home. In addition, efforts shall be made to minimize the paperwork associated with the reporting and documentation requirements of these rules. (2) Pursuant to the intention of the Legislature, the agency, in consultation with the Department of Health and the Department of Elderly Affairs, shall adopt and enforce rules to implement this part and part II of chapter 408, which shall include reasonable and fair criteria in relation to:(a) The location of the facility and housing conditions that will ensure the health, safety, and comfort of residents, including an adequate call system. In making such rules, the agency shall be guided by criteria recommended by nationally recognized reputable professional groups and associations with knowledge of such subject matters. The agency shall update or revise such criteria as the need arises. The agency may require alterations to a building if it determines that an existing condition constitutes a distinct hazard to life, health, or safety. In performing any inspections of facilities authorized by this part or part II of chapter 408, the agency may enforce the special-occupancy provisions of the Florida Building Code and the Florida Fire Prevention Code which apply to nursing homes. Residents or their representatives shall be able to request a change in the placement of the bed in their room, provided that at admission they are presented with a room that meets requirements of the Florida Building Code. The location of a bed may be changed if the requested placement does not infringe on the resident’s roommate or interfere with the resident’s care or safety as determined by the care planning team in accordance with facility policies and procedures. In addition, the bed placement may not be used as a restraint. Each facility shall maintain a log of resident rooms with beds that are not in strict compliance with the Florida Building Code in order for such log to be used by surveyors and nurse monitors during inspections and visits. A resident or resident representative who requests that a bed be moved shall sign a statement indicating that he or she understands the room will not be in compliance with the Florida Building Code, but they would prefer to exercise their right to self-determination. The statement must be retained as part of the resident’s care plan. Any facility that offers this option must submit a letter signed by the nursing home administrator of record to the agency notifying it of this practice with a copy of the policies and procedures of the facility. The agency is directed to provide assistance to the Florida Building Commission in updating the construction standards of the code relative to nursing homes. (b) The number and qualifications of all personnel, including management, medical, nursing, and other professional personnel, and nursing assistants, orderlies, and support personnel, having responsibility for any part of the care given residents. (c) All sanitary conditions within the facility and its surroundings, including water supply, sewage disposal, food handling, and general hygiene which will ensure the health and comfort of residents. (d) The equipment essential to the health and welfare of the residents. (e) A uniform accounting system. (f) The care, treatment, and maintenance of residents and measurement of the quality and adequacy thereof, based on rules developed under this chapter and the Omnibus Budget Reconciliation Act of 1987 (Pub. L. No. 100-203) (December 22, 1987), Title IV (Medicare, Medicaid, and Other Health-Related Programs), Subtitle C (Nursing Home Reform), as amended. (g) The preparation and annual update of a comprehensive emergency management plan. The agency shall adopt rules establishing minimum criteria for the plan after consultation with the Division of Emergency Management. At a minimum, the rules must provide for plan components that address emergency evacuation transportation; adequate sheltering arrangements; postdisaster activities, including emergency power, food, and water; postdisaster transportation; supplies; staffing; emergency equipment; individual identification of residents and transfer of records; and responding to family inquiries. The comprehensive emergency management plan is subject to review and approval by the local emergency management agency. During its review, the local emergency management agency shall ensure that the following agencies, at a minimum, are given the opportunity to review the plan: the Department of Elderly Affairs, the Department of Health, the Agency for Health Care Administration, and the Division of Emergency Management. Also, appropriate volunteer organizations must be given the opportunity to review the plan. The local emergency management agency shall complete its review within 60 days and either approve the plan or advise the facility of necessary revisions. (h) The availability, distribution, and posting of reports and records pursuant to s. 400.191 and the Gold Seal Program pursuant to s. 400.235. (3)(a)1. As used in this subsection, the term:a. “Direct care staff” means persons who, through interpersonal contact with residents or resident care management, provide care and services to allow residents to attain or maintain the highest practicable physical, mental, and psychosocial well-being, including, but not limited to, disciplines and professions that must be reported in accordance with 42 C.F.R. s. 483.70(q) in the categories of direct care services of nursing, dietary, therapeutic, and mental health. The term does not include a person whose primary duty is maintaining the physical environment of the facility, including, but not limited to, food preparation, laundry, and housekeeping. b. “Facility assessment” means a process to determine the staff competencies necessary to provide the level and types of care needed for the facility’s resident population, considering the types of diseases, conditions, physical and cognitive disabilities, overall acuity, and other facts pertinent to that resident population, and performed in accordance with 42 C.F.R. s. 483.70(e). 2. For purposes of this subsection, direct care staffing hours do not include time spent on nursing administration, activities program administration, staff development, staffing coordination, and the administrative portion of the minimum data set and care plan coordination for Medicaid. (b)1. Each facility must determine its direct care staffing needs based on the facility assessment and the individual needs of a resident based on the resident’s care plan. At a minimum, staffing must include, for each facility, the following requirements:a. A minimum weekly average of 3.6 hours of care by direct care staff per resident per day. As used in this sub-subparagraph, a week is defined as Sunday through Saturday. b. A minimum of 2.0 hours of direct care by a certified nursing assistant per resident per day. A facility may not staff below one certified nursing assistant per 20 residents. c. A minimum of 1.0 hour of direct care by a licensed nurse per resident per day. A facility may not staff below one licensed nurse per 40 residents. 2. Nursing assistants employed under s. 400.211(2) may be included in computing the hours of direct care provided by certified nursing assistants and may be included in computing the staffing ratio for certified nursing assistants if their job responsibilities include only nursing-assistant-related duties. 3. Certified nursing assistants performing the duties of a qualified medication aide under s. 400.211(5) may not be included in computing the hours of direct care provided by, or the staffing ratios for, certified nursing assistants or licensed nurses under sub-subparagraph 1.b. or sub-subparagraph 1.c., respectively. 4. Each nursing home facility must document compliance with staffing standards as required under this paragraph and post daily the names of licensed nurses and certified nursing assistants on duty for the benefit of facility residents and the public. Facilities must maintain the records documenting compliance with minimum staffing standards for a period of 5 years and must report staffing in accordance with 42 C.F.R. s. 483.70(q). 5. The agency must recognize the use of licensed nurses for compliance with minimum staffing requirements for certified nursing assistants if the nursing home facility otherwise meets the minimum staffing requirements for licensed nurses and the licensed nurses are performing the duties of a certified nursing assistant. Unless otherwise approved by the agency, licensed nurses counted toward the minimum staffing requirements for certified nursing assistants must exclusively perform the duties of a certified nursing assistant for the entire shift and not also be counted toward the minimum staffing requirements for licensed nurses. If the agency approved a facility’s request to use a licensed nurse to perform both licensed nursing and certified nursing assistant duties, the facility must allocate the amount of staff time specifically spent on certified nursing assistant duties for the purpose of documenting compliance with minimum staffing requirements for certified and licensed nursing staff. The hours of a licensed nurse with dual job responsibilities may not be counted twice. 6. Evidence that a facility complied with the minimum direct care staffing requirements under subparagraph 1. is not admissible as evidence of compliance with the nursing services requirements under 42 C.F.R. s. 483.35 or s. 483.70. (c) Paid feeding assistants and direct care staff, other than certified nursing assistants and licensed nurses, who have successfully completed the feeding assistant training program under s. 400.141(1)(v) and who provide eating assistance to residents shall count toward compliance with overall direct care minimum staffing hours but not the hours of direct care required for certified nursing assistants or licensed nurses. Time spent by certified nursing assistants or licensed nurses on providing eating assistance to residents shall count toward the hours of direct care required for certified nursing assistants or licensed nurses. (d) Licensed practical nurses licensed under chapter 464 who provide nursing services in nursing home facilities under this part may supervise the activities of other licensed practical nurses, certified nursing assistants, and other unlicensed personnel providing services in such facilities in accordance with rules adopted by the Board of Nursing. (e) The agency may adopt rules to implement this subsection. (4) Rules developed pursuant to this section shall not restrict the use of shared staffing and shared programming in facilities which are part of retirement communities that provide multiple levels of care and otherwise meet the requirement of law or rule. (5) The agency, in collaboration with the Division of Children’s Medical Services of the Department of Health, must adopt rules for:(a) Minimum standards of care for persons under 21 years of age who reside in nursing home facilities. A facility may be exempted from these standards for specific persons between 18 and 21 years of age, if the person’s physician agrees that minimum standards of care based on age are not necessary. (b) Minimum staffing requirements for persons under 21 years of age who reside in nursing home facilities, which apply in lieu of the requirements contained in subsection (3).1. For persons under 21 years of age who require skilled care:a. A minimum combined average of 3.9 hours of direct care per resident per day must be provided by licensed nurses, respiratory therapists, respiratory care practitioners, and certified nursing assistants. b. A minimum licensed nursing staffing of 1.0 hour of direct care per resident per day must be provided. c. No more than 1.5 hours of certified nursing assistant care per resident per day may be counted in determining the minimum direct care hours required. d. One registered nurse must be on duty on the site 24 hours per day on the unit where children reside. 2. For persons under 21 years of age who are medically fragile:a. A minimum combined average of 5.0 hours of direct care per resident per day must be provided by licensed nurses, respiratory therapists, respiratory care practitioners, and certified nursing assistants. b. A minimum licensed nursing staffing of 1.7 hours of direct care per resident per day must be provided. c. No more than 1.5 hours of certified nursing assistant care per resident per day may be counted in determining the minimum direct care hours required. d. One registered nurse must be on duty on the site 24 hours per day on the unit where children reside. (6) Before conducting a survey of the facility, the survey team shall obtain a copy of the local long-term care ombudsman council report on the facility. Problems noted in the report shall be incorporated into and followed up through the agency’s inspection process. This procedure does not preclude the State Long-Term Care Ombudsman Program or local long-term care ombudsman council from requesting the agency to conduct a followup visit to the facility. (7) The agency shall, at least every 15 months, evaluate all nursing home facilities and make a determination as to the degree of compliance by each licensee with the established rules adopted under this part as a basis for assigning a licensure status to that facility. The agency shall base its evaluation on the most recent inspection report, taking into consideration findings from other official reports, surveys, interviews, investigations, and inspections. In addition to license categories authorized under part II of chapter 408, the agency shall assign a licensure status of standard or conditional to each nursing home.(a) A standard licensure status means that a facility has no class I or class II deficiencies and has corrected all class III deficiencies within the time established by the agency. (b) A conditional licensure status means that a facility, due to the presence of one or more class I or class II deficiencies, or class III deficiencies not corrected within the time established by the agency, is not in substantial compliance at the time of the survey with criteria established under this part or with rules adopted by the agency. If the facility has no class I, class II, or class III deficiencies at the time of the followup survey, a standard licensure status may be assigned. (c) In evaluating the overall quality of care and services and determining whether the facility will receive a conditional or standard license, the agency shall consider the needs and limitations of residents in the facility and the results of interviews and surveys of a representative sampling of residents, families of residents, representatives of the State Long-Term Care Ombudsman Program, guardians of residents, and staff of the nursing home facility. (d) The current licensure status of each facility must be indicated in bold print on the face of the license. A list of the deficiencies of the facility shall be posted in a prominent place that is in clear and unobstructed public view at or near the place where residents are being admitted to that facility. Licensees receiving a conditional licensure status for a facility shall prepare, within 10 working days after receiving notice of deficiencies, a plan for correction of all deficiencies and shall submit the plan to the agency for approval. (e) The agency shall adopt rules that:1. Establish uniform procedures for the evaluation of facilities. 2. Provide criteria in the areas referenced in paragraph (c). 3. Address other areas necessary for carrying out the intent of this section. (8) The agency shall adopt rules pursuant to this part and part II of chapter 408 to provide that, when the criteria established under subsection (2) are not met, such deficiencies shall be classified according to the nature and the scope of the deficiency. The scope shall be cited as isolated, patterned, or widespread. An isolated deficiency is a deficiency affecting one or a very limited number of residents, or involving one or a very limited number of staff, or a situation that occurred only occasionally or in a very limited number of locations. A patterned deficiency is a deficiency where more than a very limited number of residents are affected, or more than a very limited number of staff are involved, or the situation has occurred in several locations, or the same resident or residents have been affected by repeated occurrences of the same deficient practice but the effect of the deficient practice is not found to be pervasive throughout the facility. A widespread deficiency is a deficiency in which the problems causing the deficiency are pervasive in the facility or represent systemic failure that has affected or has the potential to affect a large portion of the facility’s residents. The agency shall indicate the classification on the face of the notice of deficiencies as follows:(a) A class I deficiency is a deficiency that the agency determines presents a situation in which immediate corrective action is necessary because the facility’s noncompliance has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident receiving care in a facility. The condition or practice constituting a class I violation shall be abated or eliminated immediately, unless a fixed period of time, as determined by the agency, is required for correction. A class I deficiency is subject to a civil penalty of $10,000 for an isolated deficiency, $12,500 for a patterned deficiency, and $15,000 for a widespread deficiency. The fine amount shall be doubled for each deficiency if the facility was previously cited for one or more class I or class II deficiencies during the last licensure inspection or any inspection or complaint investigation since the last licensure inspection. A fine must be levied notwithstanding the correction of the deficiency. (b) A class II deficiency is a deficiency that the agency determines has compromised the resident’s ability to maintain or reach his or her highest practicable physical, mental, and psychosocial well-being, as defined by an accurate and comprehensive resident assessment, plan of care, and provision of services. A class II deficiency is subject to a civil penalty of $2,500 for an isolated deficiency, $5,000 for a patterned deficiency, and $7,500 for a widespread deficiency. The fine amount shall be doubled for each deficiency if the facility was previously cited for one or more class I or class II deficiencies during the last licensure inspection or any inspection or complaint investigation since the last licensure inspection. A fine shall be levied notwithstanding the correction of the deficiency. (c) A class III deficiency is a deficiency that the agency determines will result in no more than minimal physical, mental, or psychosocial discomfort to the resident or has the potential to compromise the resident’s ability to maintain or reach his or her highest practical physical, mental, or psychosocial well-being, as defined by an accurate and comprehensive resident assessment, plan of care, and provision of services. A class III deficiency is subject to a civil penalty of $1,000 for an isolated deficiency, $2,000 for a patterned deficiency, and $3,000 for a widespread deficiency. The fine amount shall be doubled for each deficiency if the facility was previously cited for one or more class I or class II deficiencies during the last licensure inspection or any inspection or complaint investigation since the last licensure inspection. A citation for a class III deficiency must specify the time within which the deficiency is required to be corrected. If a class III deficiency is corrected within the time specified, a civil penalty may not be imposed. (d) A class IV deficiency is a deficiency that the agency determines has the potential for causing no more than a minor negative impact on the resident. If the class IV deficiency is isolated, no plan of correction is required. (9) Civil penalties paid by any licensee under subsection (8) shall be deposited in the Health Care Trust Fund and expended as provided in s. 400.063. (10) Agency records, reports, ranking systems, Internet information, and publications must be promptly updated to reflect the most current agency actions. History.—s. 22, ch. 69-309; ss. 19, 35, ch. 69-106; s. 19, ch. 70-361; s. 3, ch. 76-168; s. 7, ch. 76-201; s. 2, ch. 76-252; s. 2, ch. 77-188; s. 13, ch. 77-401; s. 1, ch. 77-457; s. 1, ch. 78-393; ss. 8, 9, ch. 79-268; ss. 3, 12, ch. 80-198; ss. 1, 2, ch. 80-211; s. 251, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 30, 79, 83, ch. 83-181; s. 2, ch. 86-253; s. 1, ch. 90-125; ss. 9, 77, ch. 91-282; s. 30, ch. 93-177; s. 25, ch. 93-211; ss. 29, 49, ch. 93-217; s. 42, ch. 98-89; s. 121, ch. 99-8; s. 14, ch. 99-332; s. 17, ch. 99-394; s. 29, ch. 2000-141; s. 97, ch. 2000-318; s. 141, ch. 2000-349; s. 6, ch. 2000-350; s. 61, ch. 2000-367; ss. 30, 54, ch. 2001-45; s. 34, ch. 2001-186; s. 3, ch. 2001-372; s. 39, ch. 2003-1; s. 2, ch. 2003-405; s. 1, ch. 2004-270; s. 4, ch. 2004-298; s. 2, ch. 2005-60; s. 2, ch. 2005-147; s. 1, ch. 2005-234; s. 4, ch. 2006-28; s. 72, ch. 2007-230; s. 44, ch. 2009-223; s. 3, ch. 2010-156; s. 1, ch. 2011-61; s. 275, ch. 2011-142; s. 10, ch. 2012-160; s. 26, ch. 2015-31; s. 2, ch. 2020-9; s. 2, ch. 2022-61; s. 2, ch. 2023-250.
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Annotations, Discussions, Cases:
Cases Citing Statute 400.23
Total Results: 81
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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).
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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:
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:
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
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
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
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
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):
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
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
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
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
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
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
