The 2023 Florida Statutes (including Special Session C)

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.

F.S. 400.0083 on Google Scholar

F.S. 400.0083 on Casetext

Amendments to 400.0083

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

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE DEPARTMENT OF ELDER AFFAIRS, v. CALDWELL,, 199 So. 3d 1107 (Fla. Dist. Ct. App. 2016)

. . . immunity; as a matter of law, on Clare Caldwell’s claim against the Department pursuant to section 400.0083 . . . complaint against the Department, alleging “Interference with an Ombudsman” in violation of section 400.0083 . . . She also alleged that the Department was civilly liable under section 400.0083(3)(a), which established . . . In addition, section 400.0083, Florida Statutes (2011), provides: (1) It shall be unlawful for any person . . . intended to permit the Department to be sued for “interference by an executive agency” under section 400.0083 . . .

CALDWELL, v. FLORIDA DEPARTMENT OF ELDER AFFAIRS,, 121 So. 3d 1062 (Fla. Dist. Ct. App. 2013)

. . . . § 400.0083, Fla. Stat. (2011). FCHR’s summary denial of Ms. . . .