December 11, 2019
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The Florida Statutes

The 2001 Florida Statutes

Title XXXVII
Insurance
Chapter 651
Continuing Care Contracts
View Entire Chapter
Section 651.011, Florida Statutes 2001

651.011  Definitions.--For the purposes of this chapter, the term:

(1)  "Advisory council" means the Continuing Care Advisory Council established by s. 651.121.

(2)  "Continuing care" or "care" means furnishing pursuant to a contract shelter and either nursing care or personal services as defined in s. 400.402, 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 shall 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)  "Department" means the Department of Insurance of this state.

(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 shall be considered to be an entrance fee.

(5)  "Facility" means a place in which it is undertaken to provide continuing care.

(6)  "Licensed" means that the provider has obtained a certificate of authority from the department.

(7)  "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 undertakes to provide 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 any entity that has existed and continuously operated a facility located on no less than 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 such facility 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 at such a facility.

(8)  "Records" means the permanent financial, directory, and personnel information and data maintained by a provider pursuant to this chapter.

(9)  "Resident" means a purchaser of or a nominee of, or a subscriber to, a continuing care agreement. Such an agreement may not be construed to give the resident a part ownership of the facility in which the resident is to reside, unless expressly provided for in the agreement.

(10)  "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.

(11)  "Insolvency" means the condition in which the provider is unable to pay its obligations as they come due in the normal course of business.

(12)  "Advertising" means the dissemination of any 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 covered by this act.

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.

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