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The Florida Senate

1999 Florida Statutes

SECTION 0063
Establishment of Office of State Long-Term Care Ombudsman; designation of ombudsman and legal advocate.

400.0063  Establishment of Office of State Long-Term Care Ombudsman; designation of ombudsman and legal advocate.--

(1)  There is created an Office of State Long-Term Care Ombudsman, which shall be located for administrative purposes in the Department of Elderly Affairs.

(2)(a)  The Office of State Long-Term Care Ombudsman shall be headed by the State Long-Term Care Ombudsman who shall have expertise and experience in the fields of long-term care and advocacy, who shall serve on a full-time basis and shall personally, or through representatives of the office, carry out the purposes and functions of the Office of State Long-Term Care Ombudsman in accordance with state and federal law.

(b)  The State Long-Term Care Ombudsman shall be appointed by and shall serve at the pleasure of the State Long-Term Care Ombudsman Council. No person who has a conflict of interest, or has an immediate family member who has a conflict of interest, may be involved in the designation of the ombudsman.

(3)(a)  There is created in the Office of State Long-Term Care Ombudsman the position of legal advocate, who shall be selected by and serve at the pleasure of the ombudsman, and who shall be a member in good standing of The Florida Bar.

(b)  The duties of the legal advocate shall include, but not be limited to:

1.  Assisting the ombudsman in carrying out the duties of the office with respect to the abuse, neglect, or violation of rights of residents of long-term care facilities.

2.  Assisting the state and district ombudsman councils in carrying out their responsibilities under this part.

3.  Initiating and prosecuting legal and equitable actions to enforce the rights of long-term care facility residents as defined in this chapter.

4.  Serving as legal counsel to the state and district ombudsman councils, or individual members thereof, against whom any suit or other legal action is initiated in connection with the performance of the official duties of the councils or an individual member.

History.--ss. 3, 30, ch. 93-177; s. 41, ch. 95-196.