Florida Assisted Living Facilities Practice Exam

What legal classification applies to operating an unlicensed assisted living facility?

1. Second-degree felony

2. Allowed with three residents or fewer

3. Allowed if previously surrendered an assisted living license

4. Third-degree felony

The correct answer is: Third-degree felony

Operating an unlicensed assisted living facility is classified as a third-degree felony in Florida. This classification reflects the seriousness with which the state views the unlicensed operation of such facilities, as they pose potential risks to vulnerable individuals who require assistance with daily living activities. Licensing is essential to ensure that facilities meet specific safety, health, and operational standards designed to protect residents. Engaging in these activities without the appropriate license not only places residents at risk but also undermines the regulatory framework established for assisted living facilities. In contrast, the other options suggest scenarios that either imply a lesser degree of severity or provide allowances that do not align with Florida law regarding unlicensed facilities. For example, operating an unlicensed assisted living facility is not permitted, even with a limited number of residents, and prior surrendering of a license does not grant permission to operate again without complying with licensing requirements. Thus, the classification as a third-degree felony serves to emphasize the importance of compliance with regulations that safeguard the well-being of individuals in assisted living environments.