F.S. 296.34 on Google Scholar

F.S. 296.34 on Casetext

Amendments to 296.34

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XX
Chapter 296
View Entire Chapter
F.S. 296.34 Florida Statutes and Case Law
296.34 Administrator; qualifications, duties, and responsibilities.
(1) The director shall appoint an administrator of each home who shall be responsible for the overall operation of the home and the care of the residents.
(2) The position shall be assigned to the Selected Exempt Service under part V of chapter 110. The director shall give veterans preference in selecting an administrator, as provided in ss. 295.07 and 295.085. The administrator, at the time of entering employment and at all times while employed as the administrator must hold a current valid license as a nursing home administrator under part II of chapter 468.
(3) The administrator shall determine the eligibility of applicants for admission to the home in accordance with provisions of this part and, together with the director, shall adopt all rules necessary for the proper administration of the home, including rules for the preservation of order and enforcement of discipline in the home. All rules governing the home shall conform as nearly as possible to the rules and regulations for comparable facilities of the United States Department of Veterans Affairs.
(4) All employees who fill authorized and established positions appropriated for the home shall be state employees. The department shall classify such employees in the manner prescribed in chapter 110.
(5) The administrator shall administer and enforce all rules of the home, including rules of discipline, and shall have the power to dismiss any resident of the home for any infraction of rules, subject to the approval of the director.
History.s. 14, ch. 92-80; s. 259, ch. 95-148; s. 15, ch. 98-16; s. 6, ch. 2002-298.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 296.34 on Google Scholar

F.S. 296.34 on Casetext

Amendments to 296.34

Arrestable Offenses / Crimes under Fla. Stat. 296.34
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 296.34.

Civil Citations / Citable Offenses under S296.34
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 296.34.

Annotations, Discussions, Cases:

  1. Cordeiro v. Saul

    Civil Action No. 18-10203-PBS (D. Mass. Dec. 20, 2019)
    The Commissioner also argues that the Court erred by finding the ALJ did not properly weigh the opinions of Dr. Wold and Dr. Boshes. To be clear, the Court only found that the ALJ's decision not to give Dr. Wold's opinion controlling weight was not supported by substantial evidence. First, the Commissioner argues that Dr. Wold's opinion is not a "medical opinion" within the meaning of 20 C.F.R. § 404.1527. The Court disagrees. According to the regulations, "[m]edical opinions are statements . . . that reflect judgments about the nature and severity of your impairment(s), including your symptoms, diagnosis and prognosis, what you can still do despite impairment(s), and your physical or mental restrictions." Id. § 404.1527(a)(1) (emphasis added). Dr. Wold's notes describe Cordeiro's symptoms and diagnose her with "Major Depressive Disorder, Recurrent, Severe With Psychotic Features." See Am. Psychiatric Ass'n, Diagnostic and Statistical Manual of Mental Disorders (4th ed., text rev. 2000) code 296.34 (DSM-IVTR). Second, the Commissioner argues that the ALJ was entitled to give Dr. Wold's opinion little weight because Cordeiro reported to him and John McMullen, a social…
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  2. United States v. Carter

    Case Number: 3:05-00089-01 (M.D. Tenn. Jun. 22, 2012)
    Mr. Carter was referred to Centerstone for a substance abuse evaluation. The evaluation was conducted on December 21, 2011. The defendant was diagnosed as suffering from: 296.34 MAJOR DEPRESSIVE DISORDER, RECURRENT, SEVERE WITH PSYCHOTIC FEATURES; 303.90 ALCOHOL DEPENDENCE; and 304.29 COCAINE DEPENDENCE. It was recommended the defendant receive weekly therapy, a psychiatric evaluation, and follow-up medication management appointments.
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  3. Scolley v. Colvin

    Case No. 12-510 8-CV-SW-REL-SSA (W.D. Mo. Jan. 9, 2014)
    Axis I R/O [rule out] psychotic depression 296.34 polysubstance abuse
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  4. Gonzalez v. Comm'r of Soc. Sec.

    16-CV-4612 (BMC) (E.D.N.Y. Mar. 19, 2017)   Cited 3 times
    13. For this reason, although the ALJ discounted the Olivier MSS for the wrong reason, he was clearly right to discount it. Many if not most of the findings in it are not only unsupported by the record, but are flatly contradicted by it. For example, Dr. Olivier noted that plaintiff had suicidal ideation, but every treatment note, including Dr. Rodriguez's treatment notes, states "no" next to that field. Dr. Olivier's primary diagnoses on the MSS from the DSM- IV was 296.34, which is a "severe" major depressive disorder "with psychotic features," and 309.81, which is "Posttraumatic Stress Disorder," but every primary diagnosis in her and Dr. Rodriguez's treatment notes was 296.32, which is "moderate" major depressive disorder without any psychotic features. In addition, although every treatment note has multiple diagnoses, none mentions PTSD. In fact, despite the "psychotic features" diagnosis on the Olivier MSS, there is absolutely nothing in the treatment notes that suggests anything near psychosis or a psychotic episode.
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  5. Moore v. Saul

    Case No. CIV-18-634-G (W.D. Okla. Sep. 23, 2019)
    In his MSS, Mr. Shaleen opined that he "believe[d] that in the past [Plaintiff] has met the DSM-IV-TR criteria for 296.34 Major Depressive Disorder, Recurrent, Severe with Mood-Incongruent Psychotic Features, and currently meets the criteria for 296.33 Major Depressive Disorder, Recurrent, Severe Without Psychotic Features." R. 242 (emphasis omitted). Mr. Shaleen then opined in his 2013 Psychiatric Review Technique form that Plaintiff's condition meets the criteria of listing 12.04 for Affective Disorders and that Plaintiff has mild restrictions in activities of daily living, marked difficulties in maintaining social functioning, and marked difficulties in maintaining concentration, persistence, or pace. R. 255, 265.
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  6. Moore v. Colvin

    Case No. CIV-15-283-STE (W.D. Okla. May. 26, 2016)
    I believe that in the past Brad has met the DSM-IV-TR criteria for 296.34 Major Depressive Disorder, Recurrent, Severe, with Mood-Incongruent Psychotic Features, and currently meets the DSM-IV-TR criteria for 296.33 Major Depressive Disorder, Recurrent, Severe Without Psychotic Features (Without only because the coding criteria do not allow for occasional paranoid and delusional processes and these are not a constant feature of his experience). Brad's symptoms and functional impairment are well in excess of those required to make the diagnosis, and interfere consistently with occupational functioning and usual social activities and relationships with others.
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  7. Olmeda v. Astrue

    16 F. Supp. 3d 23 (D.P.R. 2014)   Cited 6 times
    On August 16, 2011, plaintiff was evaluated by the consulting examining psychiatrist Dr. Juan G. Batista. The doctor found plaintiff anxious and depressed. Immediate, recent and remote memory were adequate. Short-term memory was not. The doctor found adequate judgment, diminished attention, ability to conduct simple calculations and of average intelligence. The diagnosis was “AXIS I: 296.34”, which in the DSM–IV–TR is severe major depression with psychotic features. Also diagnosed was post-traumatic stress disorder (PTSD). (Tr. at 655–58). Dr. Zaida Boria, the consulting neurologist, evaluated plaintiff on September 14, 2011. She found plaintiff to be alert, and fully oriented. He was coherent and relevant. A diagnosis of chronic lumbar musculoskeletal pain was made, with restrictions of range of movement. She noted that plaintiff could sit, stand, walk and travel, as well as handle and lift common objects. (Tr. at 662–70). There were no strength limitations of the lower extremities and no hand limitations. Plaintiff was 6'5? tall and weighed 217 at the time. Gait was normal.
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  8. Cordeiro v. Saul

    391 F. Supp. 3d 170 (D. Mass. 2019)   Cited 1 times
    On August 8, 2000, at age 40, Plaintiff sought mental health treatment at Child and Family Services of Fall River ("CFS") following a severe depressive incident that she called a "nervous breakdown." Soon after, Dr. Marshall Wold, a psychiatrist who saw her four times, diagnosed her with "Major Depressive Disorder, Recurrent, Severe With Psychotic Features." See Am. Psychiatric Ass'n, Diagnostic and Statistical Manual of Mental Disorders (4th ed., text rev. 2000) code 296.34 (DSM-IV-TR). Dr. Wold prescribed her Zoloft, which improved but did not eliminate her symptoms. Plaintiff also saw John McMullen, a licensed independent clinical social worker at CFS. He noted slight improvements in her symptoms, some of which were followed by recurrences. Mr. McMullen also continuously noted that she felt unable to return to work. Plaintiff was forced to stop treatment at CFS at the end of 2000 due to a lack of insurance. On February 4, 2002, CFS formally terminated its relationship with Plaintiff. In that document, CFS noted that her GAF had improved as a result of treatment.
    PAGE 173
  9. Smith v. Astrue

    No. ED CV 08-1131-PLA (C.D. Cal. Jun. 10, 2009)   Cited 2 times
    The current official diagnostic coding system in the United States is the International Classification of Diseases, Ninth Revision, Clinical Modification ("ICD-9-CM"). See DSM-IV at 1. Diagnoses and procedures in the United States are assigned numerical codes, which are listed in the ICD-9-CM. See id. Plaintiff was assessed by Dr. Diamreyan with DSM-IV diagnosis code "296.34," which is the diagnosis code for major depressive disorder, recurrent, severe with psychotic features. [AR at 255-56.] DSM-IV at 369-71, 376, 411-13.
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