SECTION 429.08. Unlicensed facilities; referral of person for residency to unlicensed facility; penalties.
Latest version.
1(1)(a) 2This section applies to the unlicensed operation of an assisted living facility in addition to the requirements of part II of chapter 408.
25(b) 26Any person who owns, rents, or otherwise maintains a building or property used as an unlicensed assisted living facility commits a felony of the third degree, punishable as provided in s. 57775.082, 58s. 59775.083, 60or s. 62775.08463. Each day of continued operation is a separate offense.
73(c) 74Any person found guilty of violating paragraph (a) a second or subsequent time commits a felony of the second degree, punishable as provided under s. 99775.082, 100s. 101775.083, 102or s. 104775.084105. Each day of continued operation is a separate offense.
115(d) 116In addition to the requirements of s. 123408.812, 124any person who owns, operates, or maintains an unlicensed assisted living facility after receiving notice from the agency commits a felony of the third degree, punishable as provided in s. 154775.082, 155s. 156775.083, 157or s. 159775.084160. Each day of continued operation is a separate offense.
170(e) 171The agency shall publish a list, by county, of licensed assisted living facilities. This information may be provided electronically or through the agency’s Internet site.
196(2) 197It is unlawful to knowingly refer a person for residency to an unlicensed assisted living facility; to an assisted living facility the license of which is under denial or has been suspended or revoked; or to an assisted living facility that has a moratorium pursuant to part II of chapter 408.
248(a) 249Any health care practitioner, as defined in s. 257456.001, 258who is aware of the operation of an unlicensed facility shall report that facility to the agency. Failure to report a facility that the practitioner knows or has reasonable cause to suspect is unlicensed shall be reported to the practitioner’s licensing board.
300(b) 301Any provider as defined in s. 307408.803308which knowingly discharges a patient or client to an unlicensed facility is subject to sanction by the agency.
326(c) 327Any employee of the agency or department, or the Department of Children and Families, who knowingly refers a person for residency to an unlicensed facility; to a facility the license of which is under denial or has been suspended or revoked; or to a facility that has a moratorium pursuant to part II of chapter 408 is subject to disciplinary action by the agency or department, or the Department of Children and Families.
400(d) 401The employer of any person who is under contract with the agency or department, or the Department of Children and Families, and who knowingly refers a person for residency to an unlicensed facility; to a facility the license of which is under denial or has been suspended or revoked; or to a facility that has a moratorium pursuant to part II of chapter 408 shall be fined and required to prepare a corrective action plan designed to prevent such referrals.
