Cases from cite.case.law:

F. JOHNSON, BY AND THROUGH E. JOHNSON, v. HEARTLAND OF FORT MYERS FL, LLC HCR III LLC HCR, 257 So. 3d 634 (Fla. App. Ct. 2018)

. . . agreement that substantially diminishes or circumvents [the remedies set forth in sections 400.022 and 400.023 . . .

NORTHPORT HEALTH SERVICES OF FLORIDA, LLC d b a v. LOUIS,, 240 So. 3d 120 (Fla. App. Ct. 2018)

. . . resident may recover actual and punitive damages for the violation of these rights or for negligence, § 400.023 . . .

FI- POMPANO REHAB, LLC d b a v. IRVING,, 221 So. 3d 781 (Fla. Dist. Ct. App. 2017)

. . . violating provisions were deemed to erode access to statutory remedies provided in sections 400.022 and 400.023 . . .

SCOTT, v. FRANCATI,, 214 So. 3d 742 (Fla. Dist. Ct. App. 2017)

. . . home resident, seeks a declaration regarding the constitutionality of the 2014 amendments to section 400.023 . . . Specifically, Francati challenges the constitutionality of section 400.023(3), Florida Statutes (2015 . . . Instead, Fran-cati contends that her complaint alleges a present controversy because section 400.023 . . . Francati merely raises a general challenge to the constitutionality of section 400.023; she fails to . . . that would allow her to name the Governor as a defendant in her constitutional challenge to section 400.023 . . .

FLORIDA HOLDINGS III, LLC LLC T. v. M. DUERST, L. DUERST,, 198 So. 3d 834 (Fla. Dist. Ct. App. 2016)

. . . court alleging violations of her mother’s nursing home resident’s rights under sections 400.022 and 400.023 . . .

GOODIN J. v. BANK OF AMERICA N. A., 114 F. Supp. 3d 1197 (M.D. Fla. 2015)

. . . . § 400.023, in the "Public Health” title of the Florida code, required an express exemption from coverage . . .

FI- TAMPA, LLC LLC, n k a LLC LLC, n k a LLC v. T. KELLY- HALL, M., 135 So. 3d 563 (Fla. Dist. Ct. App. 2014)

. . . On its face, this eroded access to specific statutory remedies provided by sections 400.022 and 400.023 . . . Inarguably, all of the statutory remedies provided by section 400.023, Florida Statutes (2011), are still . . .

LOPEZ, LOPEZ, v. ANDIE S, INC. a d b a, 137 So. 3d 528 (Fla. Dist. Ct. App. 2014)

. . . Like section 400.023 of the NHRA, section 429.29(2) of the ALFA provides that claims for a violation . . . The Nursing Home Resident’s Act provides in section 400.023 that (2) In any claim brought pursuant to . . . resident; and (d) The resident sustained loss, injury, death or damage as a result of the breach. § 400.023 . . .

FI- EVERGREEN WOODS, LLC, v. ESTATE OF A. VRASTIL,, 118 So. 3d 859 (Fla. Dist. Ct. App. 2013)

. . . including but not limited to ... those rights that may be available under Florida Statutes §§ 400.22, 400.023 . . . public policy because they eroded access to the specific remedies provided by sections 400.022 and 400.023 . . . which altered, to the plaintiffs detriment, the availability of punitive damages authorized by section 400.023 . . .

SARASOTA FACILITY OPERATIONS, LLC, a LLC, a v. MANNING,, 112 So. 3d 712 (Fla. Dist. Ct. App. 2013)

. . . public policy because it limited the statutory remedies available in the Nursing Home Resident’s Act, § 400.023 . . .

LAIZURE, v. AVANTE AT LEESBURG, INC., 109 So. 3d 752 (Fla. 2013)

. . . . § 400.023, Fla. Stat. (2008). . . . context would give the personal representative of an estate the strategic choice under the NHRRA, section 400.023 . . . At the same time, the Legislature amended section 400.023 to provide that "[s]ections 400.023-400.0238 . . .

LTCSP- ST. PETERSBURG, LLC St. LLC LLC LLC R. St. v. ROBINSON, J., 96 So. 3d 986 (Fla. Dist. Ct. App. 2012)

. . . diminishes or circumvents” the statutory remedies available to nursing home residents under section 400.023 . . .

ESTATE OF DERESH, SCHNEIDER, v. FS TENANT POOL III TRUST, FS FGI I a k a CCC I a k a, 95 So. 3d 296 (Fla. Dist. Ct. App. 2012)

. . . directly un-derminted] specific statutory remedies created by the Legislature,” sections 400.022 and 400.023 . . . articulated in section 400.022 was backed up by the remedies, including punitive damages, in section 400.023 . . . See § 400.023(1) (“The action may be brought in any court of competent jurisdiction to enforce such rights . . . This provision was contrary to section 400.023(2), which called for only a preponderance of the evidence . . .

BENJAMIN, v. TANDEM HEALTHCARE, INC. a d b a a, 93 So. 3d 1076 (Fla. Dist. Ct. App. 2012)

. . . death alleging negligence and violation of a nursing home resident’s rights under sections 400.022 and 400.023 . . .

SHOTTS, v. OP WINTER HAVEN, INC., 86 So. 3d 456 (Fla. 2011)

. . . See §§ 400.022, 400.023, Fla. Stat. (2003). . . . In 1993, the Legislature amended the statute by enacting section 400.023 (“Civil Enforcement”), providing . . . Blankfeld, 902 So.2d at 298-99 (citations omitted) (quoting § 400.023(1), Fla. Stat. (2001)). . . . Manor Care, Inc., 861 So.2d 59 (Fla. 4th DCA 2003), explained succinctly: Sections 400.022 and 400.023 . . . However, the Nursing Home Resident’s Act, found in section 400.023(2), Florida Statutes, calls for a . . .

I. GESSA, v. MANOR CARE OF FLORIDA, INC., 86 So. 3d 484 (Fla. 2011)

. . . -Fla., Inc., 898 So.2d 1, 9 (Fla.2004) (ruling that section 400.023 is a legislatively created cause . . . invitation to don the legislative mantle.”); see also Knowles, 898 So.2d at 7 (noting that, although section 400.023 . . . remedies provided in chapter 400 may be waived when it ruled that the attorney’s fees provision of section 400.023 . . . See §§ 400.022, 400.023, Fla. Stat. (2003). . . . Manor Care, Inc., 861 So.2d 59 (Fla. 4th DCA 2003), explained succinctly: Sections 400.022 and 400.023 . . .

FL- CARROLLWOOD CARE, LLC, a k a FL- LLC LLC LLC L. a k a H. a k a v. GORDON, Sr., 72 So. 3d 162 (Fla. Dist. Ct. App. 2011)

. . . See §§ 400.023(1), .0237, .0238; 768.72, Fla. . . .

ESTATE OF IRONS, SPRINGER, v. ARCADIA HEALTHCARE, L. C. d b a, 66 So. 3d 396 (Fla. Dist. Ct. App. 2011)

. . . See §§ 400.023, 768.21, Fla. Stat. (2009). We have jurisdiction. See Fla. R. App. . . .

FRANKS, Sr. v. BOWERS, M. D. M. III, M. D. P. A. a, 62 So. 3d 16 (Fla. Dist. Ct. App. 2011)

. . . . § 400.023, Fla. Stat. . . .

HEBREW HOMES OF MIAMI BEACH, INC. v. LA ROSA,, 56 So. 3d 103 (Fla. Dist. Ct. App. 2011)

. . . . § 400.023(1), Fla. Stat. (2006); Stalley v. Transitional Hosps. . . .

MANORCARE HEALTH SERVICES, INC. v. STIEHL, C., 22 So. 3d 96 (Fla. Dist. Ct. App. 2009)

. . . used to eliminate substantive rights and remedies created by the Legislature in sections 400.022 and 400.023 . . . other legal theories (including, without limitation, any claim based on Florida Statutes §§ 400.022, 400.023 . . . expressly waive any statutory right to recover attorney fees or costs, including under Florida Statutes § 400.023 . . . other legal theories (including, without limitation, any claim based on Florida Statutes §§ 400.022, 400.023 . . .

In ESTATE OF K. TROLLINGER. J. v. MHC CSI MHC MHC f k a NC, LLC SBK LLC LLC LLC B. L. K. a k a a k a f k a III L. P. f k a III SBK LLC Jr. LLC II, LLC J. f k a, 9 So. 3d 667 (Fla. Dist. Ct. App. 2009)

. . . The trial court granted the Defendants’ Motions to Dismiss on the basis of section 400.023(1), Florida . . . not persuasive because they do not involve actions governed by the statutory requirement in section 400.023 . . . Section 400.023(1) is silent as to whether the election of remedies must be made at the pleading stage . . . As I read section 400.023(1), it requires the personal representative to elect to receive only one of . . . Even if one assumes that section 400.023(1) requires a plaintiff to elect one cause of action, this election . . .

VILLA MARIA NURSING AND REHABILITATION CENTER, INC. v. SOUTH BROWARD HOSPITAL DISTRICT d b a, 8 So. 3d 1167 (Fla. Dist. Ct. App. 2009)

. . . As a result of injuries arising from the sacral wound, Sanders sued the nursing home under section 400.023 . . . See § 400.023(1), Fla. Stat. (2007). . . .

I. GESSA, G. FALATEK, v. MANOR CARE OF FLORIDA, INC. a k a A. D. a k a, 4 So. 3d 679 (Fla. Dist. Ct. App. 2009)

. . . Gessa argued that these limitations were contrary to the rights specifically granted by the Act, see §§ 400.023 . . .

SCHEIBLE, v. JOSEPH L. MORSE GERIATRIC CENTER, INC. H. M. D. H. M. D. P. A., 988 So. 2d 1130 (Fla. Dist. Ct. App. 2008)

. . . Knowles, 766 So.2d 335 (Fla. 4th DCA 2000), holding that section 400.023, Florida Statutes, provided . . . Court of Florida later upheld this court’s decision in Knowles, specifically agreeing that section 400.023 . . . argues that the trial court’s ruling was in error because: (1) it concludes that the language of section 400.023 . . . (2) it ignores the illogical effect such an interpretation of the phrase has upon the provisions of 400.023 . . .

SHOTTS, v. OP WINTER HAVEN, INC. Re a k a C. a k a, 988 So. 2d 639 (Fla. Dist. Ct. App. 2008)

. . . effectively eliminates recovery for negligence and was contrary to the Nursing Home Residents Act, section 400.023 . . . Section 400.023(2) states: In any claim brought pursuant to this part alleging a violation of resident . . .

M. SLUSSER, SLUSSER, v. LIFE CARE CENTERS OF AMERICA, INC. a k a L. L. St., 977 So. 2d 662 (Fla. Dist. Ct. App. 2008)

. . . agreement that provides for arbitration of claims brought under the Nursing Home Residents Act, chapter 400.023 . . .

L. WOEBSE, v. HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA,, 977 So. 2d 630 (Fla. Dist. Ct. App. 2008)

. . . other legal theories (including, without limitation, any claim based on Florida Statutes §§ 400.022, 400.023 . . .

TANDEM HEALTHCARE, INC. a d b a a v. BENJAMIN, 969 So. 2d 519 (Fla. Dist. Ct. App. 2007)

. . . . § 400.023(7), Fla. Stat. . . .

PLACE AT VERO BEACH, INC. a v. HANSON,, 953 So. 2d 773 (Fla. Dist. Ct. App. 2007)

. . . or abuse of the elderly, such punitive damages shall comply with the provisions of Florida Statutes 400.023 . . .

ESTATE OF B. JONES, v. MARINER HEALTH CARE OF DELAND, INC., 955 So. 2d 43 (Fla. Dist. Ct. App. 2007)

. . . which held that a personal representative could not bring a claim under the 1997 version of section 400.023 . . . This date became a component of the trial court’s ruling because the Legislature amended section 400.023 . . . We are not persuaded to the contrary by the cases that have dealt with section 400.023 and a personal . . . In 1993, the Legislature amended the statute by enacting section 400.023 ("Civil Enforcement”), providing . . . civil remedies for nursing home residents for violation of the statute. § 400.023(1), Fla. . . .

HILLTOPPER HOLDING CORPORATION v. ESTATE OF CUTCHIN, ENGLE,, 955 So. 2d 598 (Fla. Dist. Ct. App. 2007)

. . . duty to CHERYL CUTCHIN to exercise reasonable care in its operation of the nursing home according to § 400.023 . . . duty to CHERYL CUTCHIN to exercise reasonable care in its operation of the nursing home according to § 400.023 . . .

ALTERRA HEALTHCARE CORPORATION M. v. ESTATE OF LINTON GRAHAM f k a, 953 So. 2d 574 (Fla. Dist. Ct. App. 2007)

. . . -Fla., Inc., 898 So.2d 1, 9 (Fla.2004) (ruling that section 400.023 is a legislatively created cause . . . See also Knowles, 898 So.2d at 7 (noting that although section 400.023(1) provides remedial remedies . . . remedies provided in Chapter 400 may be waived when it ruled that the attorney’s fees provision of section 400.023 . . .

DADELAND DEPOT, INC. v. ST. PAUL FIRE AND MARINE INSURANCE CO., 945 So. 2d 1216 (Fla. 2006)

. . . than two years ago, we were faced with the issue of determining the proper construction of section 400.023 . . .

F. MERKLE, M. D. P. A. v. HEALTH OPTIONS, INC., 940 So. 2d 1190 (Fla. Dist. Ct. App. 2006)

. . . Stat. (1997); § 400.023(1), Fla. Stat. (1997)). . . .

ALTERRA HEALTHCARE CORPORATION v. L. BRYANT, R. Sr., 937 So. 2d 263 (Fla. Dist. Ct. App. 2006)

. . . In Romano, this court found that the Nursing Home Resident’s Rights Act (NHRA), sections 400.022 and 400.023 . . .

RESOURCE HEALTHCARE OF AMERICA, INC. f k a RHA v. McKINNEY, RHA HP L. P. HP, 940 So. 2d 1139 (Fla. Dist. Ct. App. 2006)

. . . to LORENE McKIN-NEY to exercise reasonable care in the operation of the nursing home according to § 400.023 . . .

SA- PG- OCALA, LLC, v. STOKES,, 935 So. 2d 1242 (Fla. Dist. Ct. App. 2006)

. . . . §§ 400.022-400.023, Fla. Stat. (2001). . . .

L. BLAND, COKER, v. HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, d b a, 927 So. 2d 252 (Fla. Dist. Ct. App. 2006)

. . . other legal theories (including, without limitation, any claim based on Florida Statutes §§ 400.022, 400.023 . . . Attorneys’ fees are available in limited circumstances. §§ 400.023(1), .0238(2). . . . . § 400.023-.0238. In the trial court, Mrs. . . .

PRIETO, v. HEALTHCARE AND RETIREMENT CORPORATION OF AMERICA,, 919 So. 2d 531 (Fla. Dist. Ct. App. 2005)

. . . As the Romano court stated: “Sections 400.022 and 400.023 are remedial statutes, designed to protect . . . See § 400.023(1). . . . See § 400.023(5). . . .

E. LACEY, E. v. HEALTHCARE AND RETIREMENT CORPORATION OF AMERICA, d b a, 918 So. 2d 333 (Fla. Dist. Ct. App. 2005)

. . . . § 400.023, Fla. Stat. (2004). . . .

TAMPA MEDICAL ASSOCIATES, INC. v. ESTATE OF CRAIG, E., 915 So. 2d 660 (Fla. Dist. Ct. App. 2005)

. . . . § 400.023, Fla. Stat. (2000). . . . .” § 400.023(1). . . .

BLANKFELD, v. RICHMOND HEALTH CARE, INC. d b a, 902 So. 2d 296 (Fla. Dist. Ct. App. 2005)

. . . recovery for negligence, and is contrary to the Nursing Home Residents Act, which provides in section 400.023 . . . (d) The resident sustained loss, injury, death, or damage as a result of the breach. § 400.023(2)(a)- . . . In 1993, the Legislature amended the statute by enacting section 400.023 (“Civil Enforcement”), providing . . . civil remedies for nursing home residents for violation of the statute. § 400.023(1), Fla. . . . individuals can bring actions to enforce violations of the Act “in any court of competent jurisdiction.” § 400.023 . . . it is apparent that such an interpretation would alter the clear and unambiguous language of section 400.023 . . . decision could be in conflict with Knowles, 898 So.2d at 7 (“while petitioner is correct that section 400.023 . . .

FORRY, v. SCOTTSDALE INSURANCE COMPANY, d b a Su a, 899 So. 2d 1260 (Fla. Dist. Ct. App. 2005)

. . . Stat. (2001), and a separate claim for violation of a nursing home resident’s rights, see § 400.023, . . .

ESTATE OF WILLIAMS, WILLIAMS, v. TANDEM HEALTH CARE OF FLORIDA, INC., 899 So. 2d 369 (Fla. Dist. Ct. App. 2005)

. . . Hamilton, 740 So.2d 1189 (Fla. 4th DCA 1999), argued that no language in section 400.023 explicitly affords . . . Among other things, the estate points to Somberg II’s reference to section 400.023(1), wherein it is . . . The clearly expressed provisions of section 400.023 permit the resident, personal representative, or . . . As the Fifth District noted in Spilman, “When section 400.023 was first enacted in 1980, it addressed . . . In following Dupont, we are not unaware that section 400.023(5) of the RRA provides its own statutory . . .

ESTATE OF DESPAIN, v. AVANTE GROUP, INC., 900 So. 2d 637 (Fla. Dist. Ct. App. 2005)

. . . . § 400.023(1), Fla. Stat. (1999); see also Beverly Enters.-Fla., Inc. v. . . . Section 400.023(5), Florida Statutes (1999), which codifies this standard, provides that “[flor the purpose . . . others have applied the standard adopted by the court in White Construction, and codified in section 400.023 . . . Section 400.023, Florida Statutes, was substantially amended in 2001 and subsection (5) was deleted. . . . We will, therefore, apply the provisions of subsection (5) of the 1999 version of section 400.023. . . . .

H. GERMANN, A. v. AGE INSTITUTE OF FLORIDA, INC. LLC, LLC, LLC, G., 912 So. 2d 590 (Fla. Dist. Ct. App. 2005)

. . . and deprivations of the statutory rights of a nursing home resident provided by sections 400.022 and 400.023 . . .

KNOWLES, v. BEVERLY ENTERPRISES- FLORIDA, INC., 898 So. 2d 1 (Fla. 2004)

. . . great public importance: MAY A PERSONAL REPRESENTATIVE BRING A STATUTORY CAUSE OF ACTION UNDER SECTION 400.023 . . . On one level, section 400.023 lends itself to the interpretation espoused by the trial court, that is . . . of section 400.023(1), which should be construed liberally; (2) the effect of section 400.023(1) when . . . Thus, section 400.023(1) does not necessarily conflict with section 46.021. . . . (amending 400.023(1), Fla. Stat.); 400.023(1), Fla. Stat. (2001). . . . To correctly ascertain the intent of the Legislature in enacting and amending section 400.023(1) of the . . . At the time of the enactment of this important enforcement concept in 1980, section 400.023 provided: . . . At the time section 400.023 became operative, section 46.021 had been in effect as Florida’s survival . . . East, LLC, 211 F.Supp.2d 1345, 1349 (M.D.Fla.2002) (quoting § 400.023, Fla. . . . other legal and administrative remedies available to a resident.” § 400.023(1), Fla. . . . court, sitting en banc, reading this same language, unanimously concluded that “the language of section 400.023 . . . The “when” clauses in the WDA and section 400.023(1) are similarly worded. . . .

ESTATE OF J. DOYLE, By DOYLE, v. MARINER HEALTHCARE OF NASHVILLE, INC., 889 So. 2d 829 (Fla. Dist. Ct. App. 2004)

. . . In Knowles, the Fourth District Court of Appeal concluded that section 400.023(1) unambiguously provides . . . In Youngblood, the Fifth District Court of Appeal disagreed with Knowles and determined that section 400.023 . . . Fourth District’s analysis in Knowles and its conclusion that the pre-amendment language of section 400.023 . . . Section 400.023(1), Florida Statutes (1999), provides: The action may be brought by the resident or his . . .

ARAMARK UNIFORM AND CAREER APPAREL, INC. v. EASTON, Jr., 894 So. 2d 20 (Fla. 2004)

. . . Stat. (2002) (authorizing the supervising agency to impose administrative fines); with 400.023(1), Fla . . .

R. FASSY, M. D. P. A. v. P. CROWLEY,, 884 So. 2d 359 (Fla. Dist. Ct. App. 2004)

. . . 1997), and a private right of action for deprivation of a nursing home resident’s statutory rights, § 400.023 . . . 400.022(1)0), and it had its own separate presuit investigation requirements for cases governed by it, § 400.023 . . .

RICHMOND HEALTHCARE, INC. a d b a v. A. DIGATI, N., 878 So. 2d 388 (Fla. Dist. Ct. App. 2004)

. . . order denying arbitration, the trial court held that the contract was “not illusory” and that section 400.023 . . .

ESTATE OF VAZQUEZ, v. AVANTE GROUPS, INC., 880 So. 2d 723 (Fla. Dist. Ct. App. 2004)

. . . . § 400.023(1), Fla. Stat. . . . this lawsuit, the Legislature clarified its intent in enacting section 400.022 when it amended section 400.023 . . .

JACKSON As v. YORK HANNOVER NURSING CENTERS,, 876 So. 2d 8 (Fla. Dist. Ct. App. 2004)

. . . Since this was an action pursuant to Chapter 400, Florida Statutes (1999), and since section 400.023( . . . We are also unconvinced by the Personal Representative’s argument that because section 400.023(1), Florida . . .

CORA HEALTH SERVICES, INC. v. H. STEINBRONN,, 867 So. 2d 587 (Fla. Dist. Ct. App. 2004)

. . . The pre-suit notice to Daytona expressed the intent to file suit pursuant to section 400.023, Florida . . .

FIVE POINTS HEALTH CARE, LTD. d b a a v. ALBERTS,, 867 So. 2d 520 (Fla. Dist. Ct. App. 2004)

. . . Alberts’ rights as a nursing home resident under sections 400.022 and 400.023, Florida Statutes. . . .

ESTATE OF YOUNGBLOOD, v. HALIFAX CONVALESCENT CENTER, LTD., 874 So. 2d 596 (Fla. Dist. Ct. App. 2004)

. . . In 2000, section 400.023(2), Florida Statutes (1997) provided: Any resident whose rights as specified . . . The language in section 400.023 makes the answer to this question unclear. . . . In May of 2001, section 400.023(1) was changed as follows: (1) Any resident whose rights as specified . . . Knowles, but pointed to the 2001 version of section 400.023 as controlling in that case. . . . Section 400.023, Fla. . . .

B. ALGAYER, W. v. HEALTH CENTER OF PANAMA CITY, INC. d b a St., 866 So. 2d 75 (Fla. Dist. Ct. App. 2003)

. . . or abuse of the elderly, such punitive damages shall comply with the provisions of Florida Statutes 400.023 . . . a violation of Florida Statutes Chapter 400 the award shall be in accordance with Florida Statutes 400.023 . . .

ROMANO, ROMANO, Sr. v. MANOR CARE, INC., 861 So. 2d 59 (Fla. Dist. Ct. App. 2003)

. . . Care, the nursing home, for deprivation of the resident’s rights as set forth in sections 400.022 and 400.023 . . . and protective services, constituting a deprivation of her rights pursuant to sections 400.022 and 400.023 . . . Sections 400.022 and 400.023 are remedial statutes, designed to protect nursing home residents. . . . See § 400.023(1). . . . See § 400.023(5). Moreover, there was no cap on pain and suffering damages in the statute. . . .

GAINESVILLE HEALTH CARE CENTER, INC. d b a v. WESTON,, 857 So. 2d 278 (Fla. Dist. Ct. App. 2003)

. . . In addition, section 400.023(1) was amended to provide that attorney’s fees to a prevailing party “shall . . .

VILLAZON, v. PRUDENTIAL HEALTH CARE PLAN, INC., 843 So. 2d 842 (Fla. 2003)

. . . See § 400.023(1), Fla. Stat. (1997); Somberg v. . . .

FLORIDA CONVALESCENT CENTERS, v. SOMBERG,, 840 So. 2d 998 (Fla. 2003)

. . . held that the damages available to a personal representative bringing a cause of action under section 400.023 . . . Somberg opposed this motion, asserting that section 400.023, Florida Statutes, specifically authorizes . . . Notably, section 400.023(1) specifically states that a claimant will be entitled to recover actual and . . . Writing for the court, Judge Peterson emphasized the plain meaning of the language in section 400.023 . . . In 2001, the Legislature substantially revised section 400.023(1). See § 400.023, Fla. Stat. (2001). . . . I concur in the majority’s opinion that the plain meaning of the language in section 400.023(1) demonstrates . . . that damages available to a personal representative under section 400.023(1) are not limited by the . . . Section 400.023(1), Florida Statutes (1997), which is applicable to the cause of action in this case, . . . On appeal, the nursing home argued that the damages available under section 400.023(1) were controlled . . . In addition to the plain meaning of the language in section 400.023(1) which expressly authorizes the . . .

GRABER, v. JOSEPH L. MORSE GERIATRIC CENTER, INC., 837 So. 2d 473 (Fla. Dist. Ct. App. 2002)

. . . complaint alleged that the nursing home had violated her husband’s rights as a resident, under section 400.023 . . . It argued that section 400.023, Florida Statutes (1999), limited claims to those on behalf of a resident . . . Both counts alleged claims for wrongful death, one based on a violation of rights under section 400.023 . . . At issue is whether the 1999 version of section 400.023, Florida Statutes (1999), allows the personal . . . The 1999 version of section 400.023 provided: Any resident whose rights as specified in this part are . . .

INTEGRATED HEALTH CARE SERVICES, INC. v. LANG- REDWAY,, 840 So. 2d 974 (Fla. 2002)

. . . allegation that despite the fact that the plaintiff had fulfilled the presuit requirements under section 400.023 . . . If these rights are violated, a resident may file an action pursuant to section 400.023, which provides . . . infringed upon shall have a cause of action against any licensee responsible for the violation.” § 400.023 . . . Moreover, section 400.023 clearly demonstrates that the Legislature intended a nursing home to be liable . . . assessment, nursing diagnosis, planning, intervention, and evaluation of care by nursing staff.” § 400.023 . . .

ST. ANGELO, v. HEALTHCARE AND RETIREMENT CORPORATION OF AMERICA, d b a, 824 So. 2d 997 (Fla. Dist. Ct. App. 2002)

. . . Appellant filed suit against appellee pursuant to section 400.023, Florida Statutes, alleging that appellee . . . See § 400.022(l)(O- Section 400.023, Florida Statutes (1997), provides that, (1) Any resident whose rights . . . In its order, the trial court found as persuasive authority the “legislative history” from section 400.023 . . . Because the language of section 400.023 is clear and unambiguous, however, there is no need to extrapolate . . .

THOMPSON, v. KINDRED NURSING CENTERS EAST, LLC, CARROLLWOOD CARE CENTER,, 211 F. Supp. 2d 1345 (M.D. Fla. 2002)

. . . Stat. § 400.023 (1997). . . . Stat. § 400.023(2)(d) (2001). . . . Stat. § 400.023. . . . Stat. § 400.023. . . . Stat. § 400.023 is denied. C. . . .

L. PRESTON, v. HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, a, 785 So. 2d 570 (Fla. Dist. Ct. App. 2001)

. . . Care Center/Lauderhill (“Heartland”), the decedent’s nursing home, for wrongful death under section 400.023 . . . After McCullough, however, the Florida legislature amended section 400.023 in two critical ways. . . . Pauline Lang-Redway, 783 So.2d 1108 (2001), held these changes to section 400.023 make it likely that . . . In this respect, we note that section 400.023(4) was enacted long after section 766.106 and we do not . . . Because the legislative language of section 400.023(4) is unequivocal on the specific subject to which . . .

SOMBERG, v. FLORIDA CONVALESCENT CENTERS, INC. d b a, 779 So. 2d 667 (Fla. Dist. Ct. App. 2001)

. . . . § 400.023(1). . . . Id. § 400.023(1). The trial court agreed with the nursing home and entered judgment in its favor. . . . transcripts of the committee hearings indicate that the legislature did not intend for damages under section 400.023 . . .

INTEGRATED HEALTH CARE SERVICES, INC. St. a k a a k a v. LANG- REDWAY, W., 783 So. 2d 1108 (Fla. Dist. Ct. App. 2001)

. . . There is no dispute that the plaintiff complied with the presuit conditions contained in section 400.023 . . . Amendments the legislature made to section 400.023 in 1993, however, make it likely the presuit requirements . . . See § 400.023(4). . . . Moreover, the legislature added section 400.023(3), which states: A licensee shall not be liable for . . .

NATIONAL HEALTHCORP LIMITED PARTNERSHIP, v. CLOSE, F., 787 So. 2d 22 (Fla. Dist. Ct. App. 2001)

. . . that “the legislature intended to exclude a defendant’s entitlement to attorney’s fees under section 400.023 . . . trial court denied National’s motion and limited defendant’s entitlement to attorney’s fees to section 400.023 . . . Section 400.023 provides that “[prevailing defendant may be entitled to recover reasonable attorney’s . . . that the legislature intended to exclude a defendant’s entitlement to attorney’s fees under section 400.023 . . .

BEVERLY ENTERPRISES- FLORIDA, INC. d b a d b a v. KNOWLES,, 763 So. 2d 1285 (Fla. Dist. Ct. App. 2000)

. . . Florida Supreme Court: MAY A PERSONAL REPRESENTATIVE BRING A STATUTORY CAUSE OF ACTION UNDER SECTION 400.023 . . .

BEVERLY ENTERPRISES- FLORIDA, INC. d b a d b a v. KNOWLES,, 766 So. 2d 335 (Fla. Dist. Ct. App. 2000)

. . . Interpreting section 400.023(1) to preclude actions by a personal representative when the patient’s death . . . We recede from Greenfield and hold that the language of section 400.023 unambiguously provides that a . . . Section 400.023 affords muscle to the Patient’s Bill of Rights by establishing a civil cause of action . . . In conclusion, because the legislative language of section 400.023(1) is unequivocal on the specific . . . Therefore, we conclude that, pursuant to section 400.023(1), a personal representative may bring suit . . .

RODRIGUEZ, ESTATE OF RODRIGUEZ- BOBES, v. THE NURSING CENTER AT MERCY, a a M. K. a, 752 So. 2d 1231 (Fla. Dist. Ct. App. 2000)

. . . The issue of whether a personal representative can bring an action under Section 400.023 in connection . . .

BEVERLY ENTERPRISES- FLORIDA, INC. d b a d b a v. McVEY, A., 739 So. 2d 646 (Fla. Dist. Ct. App. 1999)

. . . See §§ 440.022 and 400.023, Fla. . . .

FIRST HEALTHCARE CORPORATION d b a v. E. HAMILTON, L., 740 So. 2d 1189 (Fla. Dist. Ct. App. 1999)

. . . I dissent from that portion of the majority opinion concerning the construction of section 400.023, Florida . . . First, the 1986 amendment to section 400.023, which the Spilman court construed, simply created in the . . . Thus, in the absence of any language in the 1986 amendment to section 400.023, Florida Statutes (1995 . . . It is plaintiffs position, however, that section 400.023(5), Florida Statutes (1995), was intended to . . . Section 400.023 uses words found in various statements of the common law standard for punitive damages . . . We hold that section 400.023(5) adopts the common law punitive damage standard, and not, as plaintiff . . .

NATIONAL HEALTHCORP LIMITED PARTNERSHIP, v. F. CASCIO,, 725 So. 2d 1190 (Fla. Dist. Ct. App. 1998)

. . . It is obvious that the “actual damages” potentially recoverable in this case pursuant to section 400.023 . . .

BEVERLY HEALTH AND REHABILITATION SERVICES, INC. f k a d b a v. T. FREEMAN, By G. FREEMAN, G., 709 So. 2d 549 (Fla. Dist. Ct. App. 1998)

. . . Freeman, in an action pursuant to section 400.023, Florida Statutes (1993), for damages allegedly resulting . . . sustained “actual” damages as a result of various violations of his nursing home residents’ rights. § 400.023 . . . decide in this case whether a jury may award nominal damages in actions brought pursuant to section 400.023 . . .

L. GREENFIELD, v. MANOR CARE, INC. d b a, 705 So. 2d 926 (Fla. Dist. Ct. App. 1997)

. . . I also disagree with the majority’s interpretation of section 400.023(1). . . . also has the right to adequate medical care and proper treatment, see § 400.022(1)(0 and under section 400.023 . . . Moreover, section 400.023(1) was enacted long after section 46.021 and I do not see how the two can be . . . Therefore, I would hold that section 400.023(1) controls. . . . Section 400.023(1), Florida Statutes (1993) gives residents of nursing homes the right to bring a legal . . . The following language from section 400.023 is relevant to our consideration of the trial court’s dismissal . . . On one level, section 400.023 lends itself to the interpretation espoused by the trial court, that is . . . To construe section 400.023 as foreclosing all causes of actions for nursing home negligence which does . . . As such, we hold that section 400.023, Florida Statutes (1993), must be read in pari mate-ria with section . . .

BEVERLY ENTERPRISES- FLORIDA, INC. d b a v. W. SPILMAN, M., 661 So. 2d 867 (Fla. Dist. Ct. App. 1995)

. . . The civil enforcement statute, section 400.023, Florida Statutes (1991), further provides as follows: . . . When section 400.023 was first enacted in 1980, it addressed only the rights of residents who survived . . . Section 400.023(1), Florida Statutes (1991), allows recovery of punitive damages when the rights of nursing . . . Section 400.023, Florida Statutes, was amended on July 1, 1993, by the addition of several subsections . . . See also note 2 following § 400.023. . . . .

BEVERLY ENTERPRISES- FLORIDA, INC. d b a d b a v. ESTATE OF MAGGIACOMO, By B. STALLEY,, 651 So. 2d 816 (Fla. Dist. Ct. App. 1995)

. . . Maggiacomo’s nursing home rights, pursuant to section 400.023, Florida Statutes (1993). . . .

GARCIA, v. BROOKWOOD EXTENDED CARE CENTER OF HOMESTEAD,, 643 So. 2d 715 (Fla. Dist. Ct. App. 1994)

. . . Section 400.023, Florida Statutes, provides that: Any resident whose rights as specified in this part . . . Construed with Fla.R.Civ.P. 1.210, section 400.023 authorizes Roberto Garcia to sue Brookwood on behalf . . .

KEY WEST CONVALESCENT CENTER, INC. v. DOHERTY,, 619 So. 2d 367 (Fla. Dist. Ct. App. 1993)

. . . quash an order granting a motion for leave to amend to add a claim for punitive damages under section 400.023 . . . We agree and hold that section 400.023 should be interpreted to allow recovery of punitive damages for . . . Section 400.023 allows the recovery of “actual and punitive damages for any deprivation or infringement . . . Section 400.023, Fla.Stat. (1991). . . . The trial court’s interpretation of section 400.023 conflicts with the requirements of section 768.72 . . .

MANOR CARE OF DUNEDIN, INC. d b a v. KEISER,, 611 So. 2d 1305 (Fla. Dist. Ct. App. 1992)

. . . . § 400.022 and 400.023, Fla.Stat. (1991). . . . .

ARTHUR, v. UNICARE HEALTH FACILITIES, INC. d b a R. M. D., 602 So. 2d 596 (Fla. Dist. Ct. App. 1992)

. . . against the nursing home is sufficient to entitle the plaintiff, if he prevails, to damages under section 400.023 . . .

UNICARE HEALTH FACILITIES, INC. v. M. MORT,, 553 So. 2d 159 (Fla. 1989)

. . . on February 10, Hoak filed a motion for assessment and award of attorney’s fees pursuant to section 400.023 . . . Section 400.023 provides in pertinent part that [a]ny plaintiff who prevails in any such action [for . . . he prevailed on count three and is eligible to recover attorney’s fees pursuant to sections 400.022-400.023 . . . The attorney’s fees provision of section 400.023 is merely a statutory right to seek fees. . . . Section 400.023, Florida Statutes (1983), provides for civil enforcement to remedy violations of those . . .

M. MORT, v. UNICARE HEALTH FACILITIES, INC. d b a, 537 So. 2d 203 (Fla. Dist. Ct. App. 1989)

. . . and costs based upon appellee’s violation of appellant’s rights guaranteed under sections 400.022 and 400.023 . . . in the instant case, the trial court found that appellant was not a prevailing party under section 400.023 . . . Section 400.023 provides that a nursing home resident may maintain a cause of action to enforce rights . . .