The Florida ALF Resident Bill of Rights is a posted, signed, documented obligation, and it is one of the most-cited areas at any AHCA survey. The resident rights assisted living Florida requirements live in two places: the statute (FS 429.28) sets the substantive rights, and the rule (FAC 59A-36.007(5)) sets the posting and grievance specifics. This post walks both, with the exact numbers that have to be on the wall and the documentation that has to be in the chart.
Key takeaways
- Every Florida ALF posts a copy of the Resident Bill of Rights (or the Ombudsman summary) in a freely accessible resident area (FAC 59A-36.007(5)(a); FS 429.28(2)).
- Four phone numbers must be posted in at least 14-point font, close to a telephone accessible by residents (FAC 59A-36.007(5)(c)).
- Long-Term Care Ombudsman 1-888-831-0404, AHCA Consumer Hotline 1-888-419-3456, Florida Abuse Hotline 1-800-962-2873 (1-800-96-ABUSE), Disability Rights Florida 1-800-342-0823.
- The facility has a written grievance procedure and a process for residents to recommend changes to policies, with no retaliation (FAC 59A-36.007(5)(b); FS 429.28(1)(l)).
- Each resident's signed acknowledgment of the rights notice and a current grievance log live in the records.
What FS 429.28 actually requires
The statute sets the substantive rights. Read it once a year. It covers dignity, privacy, freedom from abuse, control of personal funds, choice of provider, freedom from physical and chemical restraints used for staff convenience, and the right to file a grievance without retaliation. Most cited issues at a survey are not about whether the home respects the rights; they are about whether the posting and documentation prove it.
FS 429.28(2) (Resident Bill of Rights: posting)
The facility posts a written notice of the rights, obligations, and prohibitions set forth in the part in a prominent location, including contact information for the State Long-Term Care Ombudsman Program, the Elder Abuse Hotline, and Disability Rights Florida. Plain-language summary, not legal advice.
FS 429.28(1)(l) (grievance)
Residents have the right to present grievances and recommend changes in policies, procedures, and services without interference, coercion, discrimination, or retaliation. The facility establishes a grievance procedure to facilitate the exercise of this right, with access to ombudsman advocates and advocacy groups. Plain-language summary, not legal advice.
The posting and documentation checklist
| What | Where | Citation |
|---|---|---|
| Resident Bill of Rights (or Ombudsman summary) | Full view in a freely accessible resident area; also in admission materials | FAC 59A-36.007(5)(a); FS 429.28 |
| Written grievance procedure | In facility records; available to residents on request | FAC 59A-36.007(5)(b); FS 429.28(1)(l) |
| Four required phone numbers (14-point font or larger) | Common area, close to a telephone accessible by residents | FAC 59A-36.007(5)(c) |
| Signed acknowledgment of rights notice for each resident | Resident record | FAC 59A-36.007(5); FS 429.28 |
| Grievance log | Facility records | FAC 59A-36.007(5)(b) |
The exact numbers, on the exact poster
FAC 59A-36.007(5)(c) is specific. The four numbers below must be on the posted notice, in at least 14-point font, in close proximity to a telephone residents can use without staff permission. Copy them into your posting today if you are not sure yours match.
FAC 59A-36.007(5)(c) (telephone numbers posting)
The telephone numbers are posted in close proximity to a telephone accessible by residents, and the text is a minimum of 14-point font. The required numbers are the Long-Term Care Ombudsman Program 1-888-831-0404, Disability Rights Florida 1-800-342-0823, the Agency for Health Care Administration Consumer Hotline 1-888-419-3456, and the Florida Abuse Hotline 1-800-962-2873 (1-800-96-ABUSE). Plain-language summary, not legal advice.
Two practical notes. First, "in close proximity" means on the wall next to the phone, not at the other end of the building. Second, "accessible by residents" means a phone residents can actually use, not the staff line behind the desk. If the only phone in the common area is a cordless that lives at the nurse station, the posting fails the spirit of the rule and the letter both.
The grievance procedure
Every facility has a written grievance procedure. The rule does not prescribe a format; it requires that residents can file a grievance, that there is a process to respond, and that no resident is retaliated against for filing one.
FAC 59A-36.007(5)(b) (grievance procedure)
The facility has a written grievance procedure for receiving and responding to resident complaints, and a written procedure that allows residents to recommend changes to facility policies and procedures. Plain-language summary, not legal advice.
A workable procedure has four pieces: how the resident files (verbally to any staff, on a written form, anonymously in a drop box), who reviews it, the response timeline (5 business days is a common in-house standard), and the documentation log. The log is the part surveyors actually pull.
Three operator scenarios
Imelda runs an 18-bed standard ALF in Gainesville. Her 2025 survey opened with the resident-rights posting. The four numbers were on the wall, but in 12-point type and in a low-traffic hallway. The surveyor cited the posting under FAC 59A-36.007(5)(c). Her fix: a new 14-point poster, laminated, taped next to the resident-accessible phone in the common area. The follow-up visit closed the deficiency the same day.
Carlos runs a 14-bed standard ALF in Miami. A resident's family filed a complaint with the Ombudsman about a billing question. The ombudsman investigator visited, asked for the grievance log, and asked to see the resident's signed rights acknowledgment. Both were in the chart and the log showed the original verbal complaint and the home's written response within 4 days. The investigation closed without an enforcement action because the documentation matched the procedure.
Marisol runs a 12-bed standard ALF in Pensacola. She runs a 30-minute resident-rights review every November: re-print the posting, re-walk the common areas to verify each posting's font and proximity to a phone, refresh signed acknowledgments per facility policy, and audit the grievance log for the year. The annual ritual costs about three hours a year and removes the most common posting-and-documentation tag from her survey list.
How the posting connects to other survey items
Resident rights is one of the three areas that drive most AHCA tags at a Florida ALF. The other two (medication records and personnel records) live in the chart and the staff files. For the broader pre-survey walkthrough, see our Florida ALF inspection checklist. For the resident assessment that anchors the chart, see our AHCA Form 1823 guide.
The annual rights audit
| Step | What to confirm |
|---|---|
| 1 | Resident Bill of Rights or Ombudsman summary is posted in full view in a freely accessible resident area. |
| 2 | Four phone numbers are in 14-point font or larger, next to a resident-accessible phone. |
| 3 | Every resident has a signed acknowledgment of the rights notice on file. Refresh per facility policy and at significant change. |
| 4 | Written grievance procedure exists and is available on request. |
| 5 | Grievance log shows every grievance for the year, the response, and the resolution date. |
One trap to avoid: FAC 59A-36.009 is about Do Not Resuscitate Orders, not resident rights. If a poster or vendor template cites 59A-36.009 for rights, it is wrong. The rights posting and grievance rules sit in 59A-36.007(5).
How Marpass fits
Marpass stores signed rights acknowledgments on each resident record with the date and a one-tap re-sign workflow at the annual review. The grievance log lives in the same chart, with a date-stamped trail of the complaint, the response, the resolution, and the staff sign-off. A facility-wide posting checklist on the admin dashboard flags any room or area that has not been audited in the last 12 months. Pricing is flat per home and posted on the site.
Want a rights binder that closes a survey in two minutes? Join the waitlist.
