Florida Statute 429.435 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 429
ASSISTED CARE COMMUNITIES

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F.S. 429.435

429.435 Uniform firesafety standards.—Uniform firesafety standards for assisted living facilities, which are residential board and care occupancies, shall be established by the State Fire Marshal pursuant to s. 633.206.

(1) EVACUATION CAPABILITY.—A firesafety evacuation capability determination shall be conducted within 6 months after the date of initial licensure of an assisted living facility, if required.

(2) FIRESAFETY REQUIREMENTS.—

(a) The National Fire Protection Association, Life Safety Code, NFPA 101 and 101A, current editions, must be used in determining the uniform firesafety code adopted by the State Fire Marshal for assisted living facilities, pursuant to s. 633.206.

(b) A local government or a utility may charge fees that do not exceed the actual costs incurred by the local government or the utility for the installation and maintenance of an automatic fire sprinkler system in a licensed assisted living facility structure.

(c) All licensed facilities must have an annual fire inspection conducted by the local fire marshal or authority having jurisdiction.

(d) An assisted living facility that was issued a building permit or certificate of occupancy before July 1, 2016, at its option and after notifying the authority having jurisdiction, may remain under the provisions of the 1994 and 1995 editions of the National Fire Protection Association, Life Safety Code, NFPA 101 and 101A. A facility opting to remain under such provisions may make repairs, modernizations, renovations, or additions to, or rehabilitate, the facility in compliance with NFPA 101, 1994 edition, and may utilize the alternative approaches to life safety in compliance with NFPA 101A, 1995 edition. However, a facility for which a building permit or certificate of occupancy was issued before July 1, 2016, which undergoes Level III building alteration or rehabilitation, as defined in the Florida Building Code, or which seeks to utilize features not authorized under the 1994 or 1995 editions of the Life Safety Code, shall thereafter comply with all aspects of the uniform firesafety standards established under s. 633.206 and the Florida Fire Prevention Code in effect for assisted living facilities as adopted by the State Fire Marshal.

History.—s. 12, ch. 2020-68.

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Amendments to 429.435

Arrestable Offenses / Crimes under Fla. Stat. 429.435

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 429.435.

Annotations, Discussions, Cases:

Cases Citing Statute 429.435

Total Results: 9

Florida Peninsula Insurance Co. v. Ken Mullen Plumbing, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2015-07-31

Citation: 171 So. 3d 194, 2015 Fla. App. LEXIS 11572, 2015 WL 4577201

Snippet: Gen. Ins. Co. v. Ins. Co. of N. Am., 763 So.2d 429, 435 (Fla. 5th DCA 2000) (citing Gate Lands Co. v.

Diplomat Properties Ltd. Partnership v. Tecnoglass, LLC

Court: District Court of Appeal of Florida | Date Filed: 2013-05-22

Citation: 114 So. 3d 357, 2013 WL 2218514, 2013 Fla. App. LEXIS 8130

Snippet: Gen. Ins. Co., v. Ins. Co. of N. Am., 763 So.2d 429, 435 (Fla. 5th DCA 2000) (“In order to properly plead

Turner v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-05-31

Citation: 674 So. 2d 896, 1996 WL 283697

Snippet: person or belongings. Florida v. Bostick, 501 U.S. 429, 435, 111 S.Ct. 2382, 2386, 115 L.Ed.2d 389 (1991)

Williams v. Williams

Court: District Court of Appeal of Florida | Date Filed: 1996-02-07

Citation: 667 So. 2d 915, 1996 WL 47675

Snippet: 2d at 1142 (citing Hanson v. Hanson, 738 S.W.2d 429, 435 (Mo.1987)). The wife's expert discussed sales

State v. Collins

Court: District Court of Appeal of Florida | Date Filed: 1995-10-27

Citation: 661 So. 2d 962, 1995 WL 627453

Snippet: and federal law. Florida v. Bostick, 501 U.S. 429, 435, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991); State

S.L.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-04-07

Citation: 652 So. 2d 978, 1995 Fla. App. LEXIS 3524, 1995 WL 150192

Snippet: her possession. In Florida v. Bostick, 501 U.S. 429, 435, 111 S.Ct. 2882, 2386, 115 L.Ed.2d 389 (1991)

Zeigler v. State

Court: Supreme Court of Florida | Date Filed: 1993-11-04

Citation: 632 So. 2d 48, 1993 WL 444295

Snippet: defendant was injured. Gamble v. State, 44 Fla. 429, 435, 33 So. 471, 473 (1902). The burden then is on

Ocean Bank of Miami v. Inv-Uni Inv. Corp.

Court: District Court of Appeal of Florida | Date Filed: 1992-05-12

Citation: 599 So. 2d 694, 1992 WL 98290

Snippet: Nat'l Bank v. Yates, 240 U.S. 541, 555, 36 S.Ct. 429, 435, 60 L.Ed. 788 (1916). Therefore, to constitute

Farrell v. Forest Investment Co.

Court: Supreme Court of Florida | Date Filed: 1917-01-31

Citation: 73 Fla. 191, 74 So. 216

Snippet: therefore should not be allowed. See 10 R. C. L. 429-435; Nelson v. Hill, 5 How. (U. S.) 127; Briges v.