Florida Statute 400.102 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES

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400.102 Action by agency against licensee; grounds.—In addition to the grounds listed in part II of chapter 408, any of the following conditions shall be grounds for action by the agency against a licensee:

(1) An intentional or negligent act materially affecting the health or safety of residents of the facility;

(2) Misappropriation or conversion of the property of a resident of the facility;

(3) Failure to follow the criteria and procedures provided under part I of chapter 394 relating to the transportation, voluntary admission, and involuntary examination of a nursing home resident; or

(4) Fraudulent altering, defacing, or falsifying any medical or nursing home records, or causing or procuring any of these offenses to be committed.

History.—s. 8, ch. 70-361; s. 1, ch. 70-439; s. 3, ch. 76-168; s. 237, ch. 77-147; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 13, 79, 83, ch. 83-181; s. 30, ch. 93-177; ss. 12, 49, ch. 93-217; s. 35, ch. 96-169; s. 16, ch. 2001-45; s. 62, ch. 2007-230.

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Amendments to 400.102

Annotations, Discussions, Cases:

Cases Citing Statute 400.102

Total Results: 2 | Sort by: Relevance | Newest First

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Rehab. Ctr. at Hollywood Hills, LLC v. State of Florida, Agency for Health etc., 250 So. 3d 737 (Fla. 4th DCA 2018).

Published | Florida 4th District Court of Appeal

maintain their facilities in a safe manner, and section 400.102, which permits the agency to act where nursing

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Beverly Enter.-Florida, Inc. v. Agency for Health Care Admin., 710 So. 2d 106 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 3781, 1998 WL 171505

...�� He recommended a fine of $250. The director of the Agency did not dispute the judge’s findings of fact, but corrected an error of law and concluded that a fine of $4000 was appropriate. The judge had ruled that the deficiency was a violation of section 400.102(1), Florida Statutes (1995), which warranted a fine not exceeding $500 pursuant to section 400.121(1)....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 400 in the context of nursing home negligence and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.