Florida Statute 402.164 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 402
HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS

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F.S. 402.164

402.164 Legislative intent; definitions.—

(1)(a) It is the intent of the Legislature to use citizen volunteers as members of the Florida Statewide Advocacy Council and the Florida local advocacy councils, and to have volunteers operate a network of councils that shall, without interference by an executive agency, undertake to discover, monitor, investigate, and determine the presence of conditions or individuals that constitute a threat to the rights, health, safety, or welfare of persons who receive services from state agencies.

(b) It is the further intent of the Legislature that the monitoring and investigation shall safeguard the health, safety, and welfare of consumers of services provided by these state agencies.

(c) It is the further intent of the Legislature that state agencies cooperate with the councils in forming interagency agreements to provide the councils with authorized client records so that the councils may monitor services and investigate claims.

(2) As used in this section through s. 402.167, the term:

(a) “Access” means a visual inspection or the copying of the records maintained by the state agency, facility, provider, or contractor.

(b) “Client” means a client of the Agency for Persons with Disabilities, the Agency for Health Care Administration, the Department of Children and Families, or the Department of Elderly Affairs, as defined in s. 393.063, s. 394.67, s. 397.311, or s. 400.960, a forensic client or client as defined in s. 916.106, a child or youth as defined in s. 39.01, a child as defined in s. 827.01, a family as defined in s. 414.0252, a participant as defined in s. 429.901, a resident as defined in s. 429.02, a Medicaid recipient or recipient as defined in s. 409.901, a child receiving child care as defined in s. 402.302, a disabled adult as defined in s. 410.032 or s. 410.603, or a victim as defined in s. 39.01 or s. 415.102 as each definition applies within its respective chapter.

(c) “Client services” means health and human services that are provided to a client by a state agency or a service provider operated, funded, or contracted by the state.

(d) “Council” or “statewide council” means the Florida Statewide Advocacy Council.

(e) “Local council” or “local advocacy council” means one of the local advocacy councils located in this state, under the supervision of the Florida Statewide Advocacy Council.

History.—s. 1, ch. 2000-263; s. 1, ch. 2004-376; s. 9, ch. 2006-194; s. 73, ch. 2006-197; s. 80, ch. 2007-5; s. 134, ch. 2014-19.

F.S. 402.164 on Google Scholar

F.S. 402.164 on Casetext

Amendments to 402.164

Arrestable Offenses / Crimes under Fla. Stat. 402.164

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 402.164.

Annotations, Discussions, Cases:

Cases Citing Statute 402.164

Total Results: 5

Ago

Court: Fla. Att'y Gen. | Date Filed: 2006-07-20T00:53:00-07:00

Snippet: carrying out its duties, I find nothing in sections 402.164—402.167, Florida Statutes, which grant…Charlie Crist Attorney General CC/tjw 1 See s. 402.164(1), Fla. Stat., as amended by s. 9, Ch. 06-194,…402.165(8)(c) and402.166(8)(c), Fla. Stat. 5 See s. 402.164(2)(b) and (c), Fla. Stat., respectively defining

Department of Children & Family Services v. Florida Statewide Advocacy Council

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-29T00:00:00-07:00

Citation: 884 So. 2d 1162, 2004 Fla. App. LEXIS 16091, 2004 WL 2413962

Snippet: persons who receive services from state agencies.” § 402.164(a). These responsibilities are to be performed …without interference by an executive agency.” § 402.164(l)(a). Furthermore, although the statutory scheme

Ago

Court: Fla. Att'y Gen. | Date Filed: 2001-08-02T00:53:00-07:00

Snippet: Attorney General RAB/tgh 1 Section 402.164(1)(a), Fla. Stat. 2 Section 402.164(1)(b), Fla. Stat. 3 See, ss. …of a client as that term is defined in section 402.164(2)(a), Florida Statutes? In sum: Neither the Florida…of a client as that term is defined in section 402.164(2)(a), Florida Statutes. The intent of the Legislature…client services" as they are used in sections 402.164-402.167, Florida Statutes. As the staff analysis…sections402.164-412.167, Florida Statutes. Section 402.164(2)(a), Florida Statutes, provides: "`Client

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-08-16T00:53:00-07:00

Snippet: of Boykin v. Town of River Junction, 121 Fla. 402, 164 So. 558 (1935), the court without exception has

Paramount Enterprises, Inc. v. Mitchell

Court: Fla. | Date Filed: 1932-03-10T00:00:00-08:00

Citation: 140 So. 328, 104 Fla. 407

Snippet: 107; Justin Seubert, Inc. vs. Reiff, 98 Misc. 402,164 N Y S. 522. Still other jurisdictions hold that