Florida Statutes 651.1141 – Immediate final orders
Current as of: 2023 | Check for updates
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(1) The Legislature finds that the following actions constitute an imminent and immediate threat to the public health, safety, and welfare of the residents of this state:
(a) The installation of a general partner of a provider or assumption of ownership or possession or control of 10 percent or more of a provider’s assets in violation of s. 651.024 or s. 651.0245;
Terms Used In Florida Statutes 651.1141
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Facility: means a place where continuing care is furnished and may include one or more physical plants on a primary or contiguous site or an immediately accessible site. See Florida Statutes 651.011
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Provider: means the owner or operator, whether a natural person, partnership or other unincorporated association, however organized, trust, or corporation, of an institution, building, residence, or other place, whether operated for profit or not, which owner or operator provides continuing care or continuing care at-home for a fixed or variable fee, or for any other remuneration of any type, whether fixed or variable, for the period of care, payable in a lump sum or lump sum and monthly maintenance charges or in installments. See Florida Statutes 651.011
(b) The removal or commitment of 10 percent or more of the required minimum liquid reserve funds in violation of s. 651.035; or
(c) The assumption of control over a facility‘s operations in violation of s. 651.043.
(2) If it finds that a person or entity is engaging or has engaged in one or more of the above activities, the office may, pursuant to s. 120.569, issue an immediate final order:
(a) Directing that such person or entity cease and desist that activity; or
(b) Suspending the certificate of authority of the facility.