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The Florida Senate

2004 Florida Statutes

SECTION 081
Continuing care facilities residents' organizations.
Section 651.081, Florida Statutes 2004

651.081  Continuing care facilities residents' organizations.--

(1)  Residents living in a facility holding a valid certificate of authority under this chapter have the right of self-organization, the right to be represented by an individual of their own choosing, and the right to engage in concerted activities for the purpose of keeping informed on the operation of the facility which is caring for them or for the purpose of other mutual aid or protection.

(2)  A residents' organization created for the purpose of representing residents on matters set forth in s. 651.085 may be established through an election in which the residents, as defined in this chapter, vote by ballot, either physically or by proxy. If the election is to be held during a meeting, a notice of the organizational meeting must be provided to all residents of the community at least 10 business days before the meeting. Notice may be given through internal mailboxes, communitywide newsletters, bulletin boards, in-house television stations, and other similar means of communication. An election for creating a residents' organization is valid if at least 40 percent of the total resident population participates in the election and a majority of the participants vote affirmatively for the organization. The initial residents' organization created under this section is valid for at least 12 months. If the facility has a residents' association, residents' council, or similarly organized body with bylaws and elected officials, such organization must be recognized as the residents' organization under this section and s. 651.085 There shall be only one residents' organization to represent residents before the governing body of the provider as described in s. 651.085(2).

History.--s. 1, ch. 77-323; s. 251, ch. 79-400; s. 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 13, 31, 33, 35, ch. 83-328; s. 12, ch. 93-22; s. 3, ch. 2003-120.