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Delta-Lawyer
Delta-Lawyer, Attorney
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Experience:  10 years practicing IP law and general litigation
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What is FL state law about amount of bonding that caregivers

Customer Question

What is FL state law about amount of bonding that caregivers must have?
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well. I am a licensed attorney with over a dozen years of practice experience. It is a pleasure to assist you today.

There is no bond requirement in statute or in the Florida Admin Code. The Florida Administrative Code states that these are the requirements of caregivers:

58H-1.006 Caregiver Requirements.

(1) Caregiver shall meet the following requirements:

(a) Be age 18 or above, capable of providing a family type living environment and willing to accept the responsibility for the social, physical and emotional needs of the home care client;

(b) Be a relative or friend who has been accepted by the client as surrogate family or is a responsible adult with whom the client has made an arrangement to provide home care services;

(c) Be willing to accept the responsibility for the social, physical and emotional needs of the recipient.

(d) Be physically present to provide supervision and to assist in arrangement of services for the client;

(e) Maintain the residential dwelling free of conditions that pose an immediate threat to the life, safety, health and well being of the home care client pursuant to Rule 58H-1.007, F.A.C.; and

(f) Be without record of conviction of abuse, neglect or exploitation of another person.

(2) The case management agency may exempt a caregiver from certain requirements as specified in its contract with the area agency on aging.

Specific Authority 430.08, 430.603 FS. Law Implemented 430.603 FS. History–New 1-1-96, Amended 9-24-08.

With that being the case, there is nothing that prevents an elderly person or their guardian (or the guardian of a child that needs a caregiver) from requiring a bond. That can certainly be an item of request in setting up care for a person in the state of Florida. It is just not legally mandated.

Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE Stars) on the ratings bar on your end.

Thank you and best wishes!

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any additional questions? Thanks

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you have any additional questions? I want you to be as comfortable as possible moving forward. Thanks

Expert:  Delta-Lawyer replied 1 year ago.

I am just checking one last time. In my experience, once you sleep on a legal answer, it normally produces more questions. Just want to be present to answer any new questions for you.