Florida Statutes
Fla. Stat. § 400.0061 (2025)
Legislative findings and intent; long-term care facilities.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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400.0061 Legislative findings and intent; long-term care facilities.—
(1) The Legislature finds that conditions in long-term care facilities in this state are such that the rights, health, safety, and welfare of residents are not fully ensured by rules of the Department of Elderly Affairs or the Agency for Health Care Administration or by the good faith of owners or operators of long-term care facilities. Furthermore, there is a need for a formal mechanism whereby a long-term care facility resident, a representative of a long-term care facility resident, or any other concerned citizen may make a complaint against the facility or its employees or against other persons who are in a position to restrict, interfere with, or threaten the rights, health, safety, or welfare of a long-term care facility resident. The Legislature finds that concerned citizens are often more effective advocates for the rights of others than governmental agencies. The Legislature further finds that in order to be eligible to receive an allotment of funds authorized and appropriated under the federal Older Americans Act, the state must establish and operate an Office of State Long-Term Care Ombudsman, to be headed by the State Long-Term Care Ombudsman, and carry out a long-term care ombudsman program.
(2) It is the intent of the Legislature, therefore, to use voluntary citizen ombudsman councils under the leadership of the State Long-Term Care Ombudsman and, through them, to operate a state ombudsman program, which shall, without interference by any executive agency, undertake to discover, investigate, and determine the presence of conditions or individuals that constitute a threat to the rights, health, safety, or welfare of the residents of long-term care facilities. To ensure that the effectiveness and efficiency of such investigations are not impeded by advance notice or delay, the Legislature intends that the representatives of the State Long-Term Care Ombudsman Program not be required to obtain warrants in order to enter into or conduct investigations or onsite administrative assessments of long-term care facilities. It is the further intent of the Legislature that the environment in long-term care facilities be conducive to the dignity and independence of residents and that investigations by representatives of the State Long-Term Care Ombudsman Program shall further the enforcement of laws, rules, and regulations that safeguard the health, safety, and welfare of residents.
History.—ss. 2, 30, ch. 93-177; s. 758, ch. 95-148; s. 111, ch. 99-8; s. 2, ch. 2006-121; s. 2, ch. 2015-31.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2016–2024 · leading case: State of Florida, Dep't of Elder Affairs v. Clare Caldwell, 199 So. 3d 1107 (Fla. 1st DCA 2016).
State of Florida, Dep't of Elder Affairs v. Clare Caldwell, 199 So. 3d 1107 (Fla. 1st DCA 2016). “0061, Florida Statutes (2011), provides in pertinent part: (1)The Legislature finds that conditions in long-term care facilities in this state are such that the rights, health, safety, and welfare of residents are not fully ensured by the rules of the Department of Elderly…”
Sch. Bd. of Palm Beach Cnty., The Sch. Dist. of Palm Beach Cnty. v. State Farm Mut. Auto. Ins. Co. (Fla. 4th DCA 2024). “A separate section made it 2 We note that—except for the Second District’s decision in Lee County—appellee has not identified, either in its briefing to the court or at oral argument, another published opinion finding a clear and express statutory waiver of sovereign immunity…”
Sch. Bd. of Broward Cnty., Florida v. State Farm Mut. Auto Ins. Co. (Fla. 4th DCA 2024). “A separate section made it 2 We note that—except for the Second District’s decision in Lee County—appellee has not identified, either in its briefing to the court or at oral argument, another published opinion finding a clear and express statutory waiver of sovereign immunity…”
— 400.0061(2) — 1 case
State of Florida, Dep't of Elder Affairs v. Clare Caldwell, 199 So. 3d 1107 (Fla. 1st DCA 2016). “0061, Florida Statutes (2011), provides in pertinent part: (1)The Legislature finds that conditions in long-term care facilities in this state are such that the rights, health, safety, and welfare of residents are not fully ensured by the rules of the Department of Elderly…”
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