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September 19, 2019
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The Florida Statutes

The 2019 Florida Statutes

Title XXXVII
INSURANCE
Chapter 651
CONTINUING CARE CONTRACTS
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F.S. 651.106
651.106 Grounds for discretionary refusal, suspension, or revocation of certificate of authority.The office may deny an application or suspend or revoke the provisional certificate of authority or the certificate of authority of any applicant or provider if it finds that any one or more of the following grounds applicable to the applicant or provider exist:
(1) Failure by the provider to continue to meet the requirements for the authority originally granted.
(2) Failure by the provider to meet one or more of the qualifications for the authority specified by this chapter.
(3) Material misstatement, misrepresentation, or fraud in obtaining the authority, or in attempting to obtain the same.
(4) Demonstrated lack of fitness or trustworthiness.
(5) Fraudulent or dishonest practices of management in the conduct of business.
(6) Misappropriation, conversion, or withholding of moneys.
(7) Failure to comply with, or violation of, any proper order or rule of the office or commission or violation of any provision of this chapter.
(8) The insolvent or impaired condition of the provider or the provider’s being in such condition or using such methods and practices in the conduct of its business as to render its further transactions in this state hazardous or injurious to the public.
(9) Refusal by the provider to be examined or to produce its accounts, records, and files for examination, or refusal by any of its officers to give information with respect to its affairs or to perform any other legal obligation under this chapter when required by the office.
(10) Failure by the provider to comply with the requirements of s. 651.026 or s. 651.033.
(11) Failure by the provider to maintain escrow accounts or funds as required by this chapter.
(12) Failure by the provider to meet the requirements of this chapter for disclosure of information to residents concerning the facility, its ownership, its management, its development, or its financial condition or failure to honor its continuing care or continuing care at-home contracts.
(13) Any cause for which issuance of the license could have been refused had it then existed and been known to the office.
(14) Having been found guilty of, or having pleaded guilty or nolo contendere to, a felony in this state or any other state, without regard to whether a judgment or conviction has been entered by the court having jurisdiction of such cases.
(15) In the conduct of business under the license, engaging in unfair methods of competition or in unfair or deceptive acts or practices prohibited under part IX of chapter 626.
(16) A pattern of bankrupt enterprises.
(17) The ownership, control, or management of the organization includes any person:
(a) Who is not reputable and of responsible character;
(b) Who is so lacking in management expertise as to make the operation of the provider hazardous to potential and existing residents;
(c) Who is so lacking in management experience, ability, and standing as to jeopardize the reasonable promise of successful operation;
(d) Who is affiliated, directly or indirectly, through ownership or control, with any person or persons whose business operations are or have been marked by business practices or conduct that is detrimental to the public, contract holders, investors, or creditors, or by manipulation of assets, finances, or accounts or by bad faith; or
(e) Whose business operations are or have been marked by business practices or conduct that is detrimental to the public, contract holders, investors, or creditors, or by manipulation of assets, finances, or accounts or by bad faith.
(18) The provider has not filed a notice of change in management, fails to remove a disapproved manager, or persists in appointing disapproved managers.

Revocation of a certificate of authority under this section does not relieve a provider from the provider’s obligation to residents under the terms and conditions of any continuing care or continuing care at-home contract between the provider and residents or the provisions of this chapter. The provider shall continue to file its annual statement and pay license fees to the office as required under this chapter as if the certificate of authority had continued in full force, but the provider shall not issue any new contracts. The office may seek an action in the Circuit Court of Leon County to enforce the office’s order and the provisions of this section.

History.ss. 15, 25, ch. 81-292; s. 3, ch. 83-265; ss. 18, 33, 35, ch. 83-328; s. 37, ch. 85-62; s. 7, ch. 86-209; s. 11, ch. 91-98; s. 12, ch. 93-22; s. 18, ch. 97-229; s. 12, ch. 2001-64; s. 1685, ch. 2003-261; s. 13, ch. 2011-193; s. 26, ch. 2019-160.