The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 429
ASSISTED CARE COMMUNITIES

View Entire Chapter

F.S. 429.34

429.34 Right of entry and inspection.—

(1) In addition to the requirements of s. 408.811, a duly designated officer or employee of the agency, of the Department of Children and Families, of the Medicaid Fraud Control Unit of the Office of the Attorney General, or of the state or local fire marshal, or a representative of the State Long-Term Care Ombudsman Program or a member of the state or local long-term care ombudsman council has the right to enter unannounced upon and into the premises of any facility licensed under this part in order to determine the state of compliance with this part, part II of chapter 408, and applicable rules. Data collected by the State Long-Term Care Ombudsman Program, local long-term care ombudsman councils, or the state or local advocacy councils may be used by the agency in investigations involving violations of regulatory standards. A person specified in this section who knows or has reasonable cause to suspect that a vulnerable adult has been or is being abused, neglected, or exploited shall immediately report such knowledge or suspicion to the central abuse hotline pursuant to chapter 415.

(2)(a) In addition to the requirements of s. 408.811, the agency may inspect and investigate facilities as necessary to determine compliance with this part, part II of chapter 408, and rules adopted thereunder. If an assisted living facility is cited for a class I violation or three or more class II violations arising from separate surveys within a 60-day period or due to unrelated circumstances during the same survey, the agency must conduct an additional licensure inspection within 6 months.

(b) During any calendar year in which a survey is not conducted, the agency may conduct monitoring visits of each facility cited in the previous year for a class I or class II violation or for more than three uncorrected class III violations.

History.—s. 14, ch. 75-233; s. 1, ch. 77-174; ss. 12, 26, ch. 80-198; s. 2, ch. 81-318; ss. 10, 18, 19, ch. 82-148; ss. 58, 79, 83, ch. 83-181; s. 1, ch. 88-350; s. 24, ch. 93-177; ss. 26, 38, 39, ch. 93-216; s. 51, ch. 95-418; s. 124, ch. 99-8; s. 144, ch. 2000-349; s. 64, ch. 2000-367; s. 46, ch. 2001-45; s. 3, ch. 2004-344; s. 2, ch. 2006-197; s. 155, ch. 2007-230; s. 250, ch. 2014-19; s. 38, ch. 2015-31; s. 14, ch. 2015-126; s. 87, ch. 2018-24; s. 17, ch. 2019-11.

Note.—Former s. 400.434.

F.S. 429.34 on Google Scholar

F.S. 429.34 on Casetext

Amendments to 429.34

Arrestable Offenses / Crimes under Fla. Stat. 429.34

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 429.34.

Annotations, Discussions, Cases:

Cases from cite.case.law:

LINN CAMERA SHOP INC. a v. MEIJER, INC. a, 559 F. Supp. 175 (W.D. Mich. 1982)

. . . . § 429.34. I disagree. . . .

DUBUQUE FIRE AND MARINE INSURANCE COMPANY v. UNION COMPRESS AND WAREHOUSE COMPANY UTAH HOME FIRE INSURANCE COMPANY v. UNION COMPRESS AND WAREHOUSE COMPANY GULF INSURANCE COMPANY v. UNION COMPRESS AND WAREHOUSE COMPANY HOUSTON FIRE AND CASUALTY INSURANCE COMPANY v. UNION COMPRESS AND WAREHOUSE COMPANY TRINITY UNIVERSAL INSURANCE COMPANY v. UNION COMPRESS AND WAREHOUSE COMPANY GENERAL INSURANCE COMPANY OF AMERICA v. UNION COMPRESS AND WAREHOUSE COMPANY PACIFIC NATIONAL FIRE INSURANCE COMPANY v. UNION COMPRESS AND WAREHOUSE COMPANY, 143 F. Supp. 128 (W.D. La. 1956)

. . . U., according to their respective proportions of fire insurance coverage, the total sum of $39,-429.34 . . .

ROBERT H. FUREY v. THE UNITED STATES, 70 Ct. Cl. 299 (Ct. Cl. 1930)

. . . Judgment for plaintiff for $429.34. It is so ordered. . . .