Florida Statute 400.0083 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES

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F.S. 400.0083

400.0083 Interference; retaliation; penalties.—

(1) A person, long-term care facility, or other entity may not willfully interfere with a representative of the State Long-Term Care Ombudsman Program in the performance of official duties.

(2) A person, long-term care facility, or other entity may not knowingly or willfully take action or retaliate against any resident, employee, or other person for filing a complaint with, providing information to, or otherwise cooperating with any representative of the State Long-Term Care Ombudsman Program.

(3) A person, long-term care facility, or other entity that violates this section:

(a) Is liable for damages and equitable relief as determined by law.

(b) Commits a misdemeanor of the second degree, punishable as provided in s. 775.083.

History.—ss. 12, 30, ch. 93-177; s. 132, ch. 2000-349; s. 52, ch. 2000-367; s. 16, ch. 2006-121; s. 15, ch. 2015-31.

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Amendments to 400.0083

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 400.0083

Level: Degree
Misdemeanor/Felony: First/Second/Third

S400.0083 1 - PUBLIC ORDER CRIMES - INTERFERE W LONGTERM CARE OMBUDSMAN PROGRAM - M: S

S400.0083 2 - PUBLIC ORDER CRIMES - RETAL AGNST PRSN FIL COMPL W/ST LT CARE OMBUD - M: S

Cases Citing Statute 400.0083

Total Results: 4

State of Florida, Department of Elder Affairs v. Clare Caldwell

199 So. 3d 1107, 2016 Fla. App. LEXIS 13481, 2016 WL 4697958

District Court of Appeal of Florida | Filed: Sep 8, 2016 | Docket: 4420094

Cited 6 times | Published

Caldwell’s claim against the Department pursuant to section 400.0083(3)(a), Florida Statutes (2011). We agree and

School Board of Palm Beach County, The School District of Palm Beach County v. State Farm Mutual Automobile Insurance Co.

District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68268883

Published

such interference. Id. (emphasis added) (quoting § 400.0083(1), (3)(a), Fla. Stat. (2011)). The trial court

School Board of Broward County, Florida v. State Farm Mutual Auto Insurance Company

District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68913294

Published

such interference. Id. (emphasis added) (quoting § 400.0083(1), (3)(a), Fla. Stat. (2011)). The trial court

Caldwell v. Florida Department of Elder Affairs

121 So. 3d 1062, 35 I.E.R. Cas. (BNA) 984, 2013 WL 1715441, 2013 Fla. App. LEXIS 6490

District Court of Appeal of Florida | Filed: Apr 22, 2013 | Docket: 60234304

Published

Ombudsman is, moreover, a violation of criminal law. § 400.0083, Fla. Stat. (2011). FCHR’s summary denial of