Everything You Need To Know About Florida Nurse License Renewal
Per Florida Law a certified nurse assistant, or CNA, is required to renew their license every two years in order to maintain compliance with Florida state law. This is a relatively straightforward process for those who have provided CNA services for monetary compensation within the last 24 months, as they are able to simply renew their license online and remain active in the CNA registry. While this is by no means a challenging process, it is wise to review the steps outlined below before attempting to renew.
License Renewal Process
There are several ways to renew a CNA license remotely, either entirely online with a credit or debit card or with a check or money order through mail. To complete a CNA license renewal in Florida online, the following steps must be completed:
- Visit the Florida Healthsource site at www.flhealthsource.gov and click the button “Renew a License”.
- Enter personal information when prompted in order to login
- A prompt will appear to confirm that the MQA services account email is correct. If it is not then it can be updated, otherwise simply proceed by hitting confirm and continue.
- Once inside the dashboard, there is a button “Renew My License ONLY” if the license is set to expire within the next 90 days. If this button is not visible, come back to the site in a few days to check again.
- When the button is visible, click it and follow the prompts to pay license fees to the state and update any information as needed. If the renewal is late but still able to be processed through the online portal there will be a delinquency fee charged in addition to the regularly assessed fees.
In situations where a credit or debit card is not available, then the renewal process can be completed as per the steps above except that instead of paying online the form will be printed out and mailed in with a check or money order to the following address:
Division of Medical Quality Assurance
Office of the Secretary
4050 Esplanade Way
Tallahassee, Florida 32399-0950
Get Directions
Once received it may take up to 10 business days for the renewal to be processed, a new license printed and all documentation mailed back to the CNA license holder. It is important to be sure to complete the renewal process no later than midnight of the date of the expiration of the license in order to maintain uninterrupted licensure. If this deadline is not met then the license will be placed into delinquent status which if not remedied will ultimately result in it becoming null and void.
CNA Inactive in Last 24 months
Individuals holding a Florida CNA license who have not been actively working in the last 24 months will still have a license on file with the state but it will show as inactive. Unfortunately if two biennial renewal cycles pass without the CNA license being renewed, the licensee will need to sit through a competency exam and/or reapply for their CNA license following the current rules and regulations in order to regain their license with the state of Florida. For those who are struggling with the renewal process or feel that they have had their license unjustly revoked, it is wise to contact an experienced healthcare law attorney to ensure the best possible outcome.
The State of Florida has some of the most complex medical and healthcare laws in the country, which are challenging to navigate. It therefore shouldn’t be surprising that the state is inundated with medical malpractice and healthcare attorneys.
With a solid reputation as one of the best local law firms in South Florida, Di Pietro Partners specializes in healthcare law, earning multiple awards for their outstanding courtroom performance.
One of their best attorneys handling healthcare cases is Nicole Martell, who has a thorough background in this specific area of law. Since joining Di Pietro Partners, Nicole has represented and defended Physicians in medical malpractice actions in both federal and state court, from the commencement of pre-suit through trial. This includes handling corresponding administrative licensing matters with the Florida Board of Medicine.
Niki Martell was recently named America’s Top 50 Lawyers for her solid reputation as an experienced and talented Florida healthcare lawyer
Physicians have benefitted from Niki’s business and employment law experience, as she provides a well-rounded variety of legal services such as assisting with contractual, licensing, wage and business matters arising from medical practice ownership and management.
Nicole discusses this experience on her personal blog,
“I represent and defend Physicians in medical malpractice actions in both federal and state court, from the commencement of pre-suit through trial. This includes handling corresponding administrative licensing matters with the Florida Board of Medicine.”
Additionally, Niki has advocated in court on behalf of families in both probate and guardianship matters on numerous occasions, including obtaining temporary and permanent injunctions to preserve the assets and well being of elderly or incapacitated individuals.
Last wills and testaments include a number of unique terms which often confuse individuals who are not familiar with the probate process. One of the most common terms that confuses individuals is “per stirpes”, which literally is translated to English as “by the branch”. This term refers to how the testor’s assets will be distributed to beneficiaries if they were to predecease the testor.
As an example, let’s say a testor with two children has instructed in their Last Will and Testament that their assets be equally distributed amongst their children “or to their issue, per stirpes”, if they were not to survive the testor. This means that the assets will be divided equally between their children if they were to not survive them.
Sometimes however, a beneficiary will pass before the testor. If this is the case, then the assets originally willed to the beneficiaries would be distributed to their descendants, or closest surviving relatives if there are no direct descendants. So in this example, if one of the two beneficiaries of the testor were to pass, then the assets originally willed to them would be passed onto the direct descendants of the beneficiaries, with the other half going to the original surviving beneficiary.
Dying Without a Will in Florida
When someone dies without a valid will, their assets are declared intestate. It’s important to note that “intestate” does not mean that the property now belongs to the State. In fact, Florida has a specific process in determining who receives the decedent’s assets in the absence of a valid will. Here’s a simplified flowchart showing who receives assets when someone passes away without a will in Florida.
- When the decedent has a surviving spouse and has no living children, grandchildren, parents, etc, then the spouse shall receive the entire estate.
- If the decedent has a spouse and also has one or more living family members who are family members of the spouse (i.e children), the spouse shall receive the entire estate.
- If the spouse has additional living immediate family members that are not immediate family of the deceased individual, the spouse shall receive one-half of the estate with the other half going to the spouse’s descendants.
- In cases where the decedent was not married at the time of their passing, the immediate family members will receive the entire estate. The assets will then be divided in accordance with Florida law.
- If the deceased person was not married and also has no living immediate family members, the inheritance will pass to surviving parents of the decedent.
- In cases where someone dies without any surviving close family members, spouses, or relatives, the State of Florida will search for more remote heirs in accordance with intestate law.
The full process can be found in Chapter 732 of The Florida Statutes. This process is very in-depth and often causes confusion/disagreements among beneficiaries. As a result, it’s vital to work with a Florida probate attorney that’s experienced with issues involving intestate succession.
Differences with Per Capita
Another common term associated with Last Wills and Testaments is “per capita”, which can create further confusion when discussing the distribution of assets. While per stirpes will ensure that the shares originally willed to surviving beneficiaries will stay the same regardless of whether other beneficiaries pass on, per capita will instead divide the amount evenly among all living descendants.
This means that per the earlier example, if one of the beneficiaries passed away and had three children, the estate would actually be divided into four separate and even parts – one part for the original surviving beneficiary and the other three for each of the deceased beneficiary’s children. Essentially, in a will with per capita, you never create a share for an already deceased beneficiary as would occur in per stirpes.
What This Means for You
The meaning of per stirpes may be different depending on whether you’re having the will prepared or if you’re the beneficiary of the estate. If you are creating a will for your estate then having per stripes included will ensure that your estate is passed down to your children or the next closest descendants in line.
In the event that you are on the other side of the will as a beneficiary or heir and notice per stirpes mentioned in it, it means that the share for any deceased close relatives will go to their descendants if any. Otherwise it will be split evenly between the closest surviving relatives as the will outlines.
Sometimes it can be challenging to understand the details of a will, particularly if there are many beneficiaries listed. In that case, most find it beneficial to work with an attorney specializing in probate and estate planning to help not only formulate the will but also to understand a will, especially when per stripes is involved.
As one of the most popular areas in the state for second homes and vacationers, Marco Island is considered a gem of South Florida. With this popularity has come controversy surrounding the proposal to regulate the use of single family homes as short term rentals. If passed, this proposal will place significant restrictions and added regulations for homeowners to deal with in order to continue renting their properties.
In response to this proposal, a lawsuit has been filed on behalf of home and business owners in the area. This suit argues that this proposed regulation is in violation of state law, as well as being intentionally challenging to comply with and therefore having negative economic consequences for the community as a whole due to reduced tourism. Due to their experience in these sorts of matters, Di Pietro Partners was chosen to represent the plaintiffs in this suit.
Controversy Surrounding The Proposal
The controversy surrounding this stems from residents’ concerns about rental clients causing unnecessary noise or otherwise affecting the quality of neighborhoods. Proponents of the proposal argue that the ordinance does not violate Florida state law and follows the city charter. They also argue that it provides a reasonable avenue for homeowners to comply with the requirements.
However the plaintiffs in this suit argue that it violates individual property rights as well as depress housing values and raise taxes. They also argue that the local economy and businesses will suffer as a result of such an ordinance being passed due to dramatically reduced tourist traffic from renters. Additionally, the lawsuit argues that the ordinance regulates the duration and frequency of how an individual can rent their property, which is in violation of state law.
Likely Legal Outcome
This is a contentious issue that involves strong interests on both sides. One party feels that their property rights are being infringed upon and has serious concerns regarding the economic fallout from reduced tourist traffic. The other side believes that not only will this ordnance pass but it also is legally sound and follows Florida law.
Based on his prior experience in these matters and knowledge of the court system, David Di Pietro believes that the lawsuit is likely to win. There are multiple possible outcomes, the first being the ordinance being declared invalid and unenforceable under applicable law. If that were not to occur, then the suit seeks compensation for the plaintiffs for the loss of revenue but not being able to rent their homes. In any event, it is unlikely that the ordnance will stand as proposed if it is passed.
The tragic murder of Gabby Petito at the hands of her finance Brian Laundrie in 2021 has garnered much national attention and news coverage. With the discovery of her remains and the suicide of Brian Laundrie effectively settling the criminal case, a lawsuit has been brought on by the parents of Gabby Petito against the parents of Brian Laundrie. In this suit they are seeking damages from the Laundrie family for mental anguish due to the fact that they knew that Brian had murdered Gabby and not worked with investigators or prosecutors to seek justice.
Weighing in on the matter, personal injury attorney David Di Pietro was brought on LiveNOW Fox, where he explained how the case would be challenging to be successful under Florida Law. He explained that the statute requires that physical contact or actually witnessing the crime is required in order for a mental anguish lawsuit to hold water, and just simply being aware of it occurring does not meet the requirements to seek damages. He also stated that even if they were to seek any damages, the most that they would be able to recover is from Brian’s estate, not his parents in this case.
David Di Pietro was requested to appear on Fox News as a legal analyst due to his extensive background in lawsuits involving personal injury and emotional distress.