Florida Statute 651.071 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 651
CONTINUING CARE CONTRACTS

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F.S. 651.071

651.071 Contracts as preferred claims on liquidation or receivership.—

(1) In the event of receivership or liquidation proceedings against a provider, all continuing care and continuing care at-home contracts executed by a provider are deemed preferred claims against all assets owned by the provider; however, such claims are subordinate to any secured claim. For purposes of s. 631.271, such contracts are deemed Class 2 claims.

(2) Any other claims not set forth in subsection (1) shall be considered as general creditors’ claims.

(3) Nothing in this section shall be construed to impair the priority, with respect to the lien property, of mortgages, security agreements, or lease agreements or installment sales agreements on property not otherwise encumbered entered into by a provider with an issuer of bonds or notes, which has financed a facility, and which bonds are secured by a resolution, ordinance, or indenture of trust, if such mortgages or agreements were duly recorded at least 4 months prior to the institution of receivership or liquidation proceedings.

History.—s. 1, ch. 77-323; s. 1, ch. 80-355; s. 25, ch. 81-292; s. 2, ch. 81-318; s. 37, ch. 83-38; s. 3, ch. 83-265; ss. 31, 33, 35, ch. 83-328; s. 8, ch. 87-350; s. 184, ch. 91-108; s. 12, ch. 93-22; s. 14, ch. 97-229; s. 11, ch. 2011-193; s. 3, ch. 2015-122; s. 22, ch. 2019-160.

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Amendments to 651.071

Arrestable Offenses / Crimes under Fla. Stat. 651.071

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 651.071.

Annotations, Discussions, Cases:

Cases Citing Statute 651.071

Total Results: 6

Hartley v. State

Court: District Court of Appeal of Florida | Date Filed: 1979-07-18

Citation: 372 So. 2d 1180

Snippet: 183 F.2d 308 (9th Cir.1950), aff'd, 341 U.S. 651, 71 S.Ct. 937, 95 L.Ed. 1253 (1951). "Disguise" is

Schaffer v. Government Employees Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 1973-05-23

Citation: 280 So. 2d 504

Snippet: Appellant, v. John Schaffer et al., Appellees. Nos. 71-651, 71-663. District Court of Appeal of Florida, Second

Tolin v. Pearce-Simpson, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1966-05-03

Citation: 186 So. 2d 65, 1966 Fla. App. LEXIS 5326

Snippet: equipment. Young v. Gables [Cobbs] [Fla.], 110 So.2d 651 [71 A.L.R. 2d 1100].” The point presented by appellant

Winter v. American Automobile Association

Court: District Court of Appeal of Florida | Date Filed: 1963-01-29

Citation: 149 So. 2d 386

Snippet: So.2d 707; Young v. Cobbs, Fla. 1959, 110 So.2d 651, 71 A.L.R.2d 1100; 9 Fla.Jur., Damages, § 20. In reviewing

Brewer v. Northgate of Orlando, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1962-07-06

Citation: 143 So. 2d 358, 1962 Fla. App. LEXIS 3045

Snippet: 727; and Young v. Cobbs, Fla. 1959, 110 So.2d 651, 71 A.L.R.2d 1100. The evidence in this case supports

Pennekamp v. State

Court: Supreme Court of Florida | Date Filed: 1945-07-24

Citation: 22 So. 2d 875, 156 Fla. 227, 1945 Fla. LEXIS 799

Snippet: Whitney v. California, 274 U.S. 357,47 Sup. Ct. 651, 71 L.Ed. 1095. The Court was then concerned with free