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Which Florida Assisted Living Laws Protect Residents?

October 26, 2020 | Category: Nursing Home Neglect/Abuse | Share

The Assisted Living Research Institute reported that Florida has become one of the most elder-friendly states in the country with a senior population of more than 5.2 million people. The institute researched more than 20,000 U.S. facilities of which 1,775 were located in Florida.

Which FL Assisted Living Laws Protect Residents - Spivey LawA Fort Myers nursing home abuse attorney says the Agency for Healthcare Administration licenses and regulates Florida assisted living facilities. In order for assisted living facilities to maintain their licenses, they are required to meet certain regulatory standards and undergo periodic audits to ensure their continued legality.

There are two licenses:

Standard License: A Standard license allows facilities to provide such things as limited medication assistance, housing, promotion of social engagement, and basic assistance covering daily living such as bathing, dressing, and eating.

Extended Congregate Care (ECC) License: In addition to a Standard license, an ECC license may be obtained. This additional license allows assisted living facilities to provide greater assistance with activities of daily living and mental health care.

When someone enters a Florida assisted living facility, the facility is required to conduct a medical examination within the first month of residence and meet with the resident to establish a service plan based on the results of the medical examination. The service plan will record the resident’s needs and expectations at the facility, which includes medical needs such as medication dosage and frequency or physical needs regarding things like emergency evacuation assistance. The service plans are required to be updated every 30 days after re-evaluation by a nurse or doctor.

Along with the service plan is a residential agreement which shows that new residents have been informed of their rights, responsibilities, and expected facility costs. The ECC license provides the greatest level of assistance for people with physical or mental disabilities and dementia-related illnesses. Properly licensed facilities may also admit home healthcare agencies to assist residents with greater care needs. Obtaining an extended license allows seniors to age in place rather than being relocated if their health or mental capacity should begin to deteriorate.

There are also staff training requirements which include a 2-hour training orientation organized by the Department of Elder Affairs. Administrators have more extensive requirements.

To ensure residents are safe in assisted living facilities and do not suffer nursing home abuse, extensive background checks are required, because anyone professionally associated with an assisted living facility cannot have any past convictions or substantiated reports of violent behavior, abuse, neglect, or exploitation.

Fort Myers Nursing Home Abuse Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. says, “If you or a loved one is injured because of the negligence of an assisted living facility, please contact our experienced legal team after seeking medical attention. We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation.”


Fort Myers Nursing Home Abuse Attorney  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact  Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to  Visit for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.

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