Florida Senate - 2018                                    SB 1428
       By Senator Taddeo
       40-00982A-18                                          20181428__
    1                        A bill to be entitled                      
    2         An act relating to assisted living facility resident
    3         rights; amending s. 429.28, F.S.; requiring written
    4         notice of relocation or termination of residency from
    5         an assisted living facility to be provided to a
    6         resident or the resident’s legal representative;
    7         requiring the facility to send a copy of a notice of
    8         relocation or termination to the State Long-Term Care
    9         Ombudsman Program within a specified timeframe;
   10         providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Paragraph (k) of subsection (1) of section
   15  429.28, Florida Statutes, is amended to read:
   16         429.28 Resident bill of rights.—
   17         (1) No resident of a facility shall be deprived of any
   18  civil or legal rights, benefits, or privileges guaranteed by
   19  law, the Constitution of the State of Florida, or the
   20  Constitution of the United States as a resident of a facility.
   21  Every resident of a facility shall have the right to:
   22         (k) At least 45 days’ notice of relocation or termination
   23  of residency from the facility unless, for medical reasons, the
   24  resident is certified by a physician to require an emergency
   25  relocation to a facility providing a more skilled level of care
   26  or the resident engages in a pattern of conduct that is harmful
   27  or offensive to other residents. In the case of a resident who
   28  has been adjudicated mentally incapacitated, the guardian shall
   29  be given at least 45 days’ notice of a nonemergency relocation
   30  or residency termination. The facility shall provide written
   31  notice to the resident or the resident’s legal representative
   32  which must include specific reasons for relocation or
   33  termination of residency. The facility shall send a copy of the
   34  notice to a representative of the State Long-Term Care Ombudsman
   35  Program within 7 calendar days after the notice is provided to
   36  the resident or the resident’s legal representative be set forth
   37  in writing. In order for a facility to terminate the residency
   38  of an individual without notice as provided herein, the facility
   39  shall show good cause in a court of competent jurisdiction.
   40         Section 2. This act shall take effect July 1, 2018.