June 16, 2019
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The Florida Statutes

The 2010 Florida Statutes(including Special Session A)

Title XXXVII
INSURANCE
Chapter 651
CONTINUING CARE CONTRACTS
View Entire Chapter
F.S. 651.011
651.011 Definitions.For the purposes of this chapter, the term:
(1) “Advertising” means the dissemination of written, visual, or electronic information by a provider, or any person affiliated with or controlled by a provider, to potential residents or their representatives for the purpose of inducing such persons to subscribe to or enter into a contract to reside in a continuing care community that is subject to this chapter.
(2) “Continuing care” or “care” means, pursuant to a contract, furnishing shelter and nursing care or personal services as defined in s. 429.02, whether such nursing care or personal services are provided in the facility or in another setting designated by the contract for continuing care, to an individual not related by consanguinity or affinity to the provider furnishing such care, upon payment of an entrance fee. Other personal services provided must be designated in the continuing care contract. Contracts to provide continuing care include agreements to provide care for any duration, including contracts that are terminable by either party.
(3) “Continuing Care Advisory Council” or “advisory council” means the council established in s. 651.121.
(4) “Entrance fee” means an initial or deferred payment of a sum of money or property made as full or partial payment to assure the resident a place in a facility. An accommodation fee, admission fee, or other fee of similar form and application are considered to be an entrance fee.
(5) “Facility” means a place that provides continuing care.
(6) “Generally accepted accounting principles” means those accounting principles and practices adopted by the Financial Accounting Standards Board and the American Institute of Certified Public Accountants, including Statement of Position 90-8 with respect to any full year to which the statement applies.
(7) “Insolvency” means the condition in which the provider is unable to pay its obligations as they come due in the normal course of business.
(8) “Licensed” means that the provider has obtained a certificate of authority from the department.
(9) “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 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, but does not mean an entity that has existed and continuously operated a facility located on at least 63 acres in this state providing residential lodging to members and their spouses for at least 66 years on or before July 1, 1989, and has the residential capacity of 500 persons, is directly or indirectly owned or operated by a nationally recognized fraternal organization, is not open to the public, and accepts only its members and their spouses as residents.
(10) “Records” means the permanent financial, directory, and personnel information and data maintained by a provider pursuant to this chapter.
(11) “Resident” means a purchaser of, a nominee of, or a subscriber to a continuing care agreement. Such agreement does not give the resident a part ownership of the facility in which the resident is to reside, unless expressly provided for in the agreement.
History.s. 1, ch. 77-323; s. 170, ch. 79-164; ss. 1, 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 1, 31, 33, 35, ch. 83-328; s. 1, ch. 91-98; s. 33, ch. 91-263; s. 12, ch. 93-22; s. 36, ch. 93-216; s. 2, ch. 96-363; s. 12, ch. 97-82; s. 1, ch. 97-229; s. 1662, ch. 2003-261; s. 99, ch. 2006-197; s. 1, ch. 2010-202.
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