§ 400.0060 Definitions
§ 400.0061 Legislative findings and intent; long-term care facilities
§ 400.0063 Establishment of the State Long-Term Care Ombudsman Program; designation of ombudsman and legal advocate
§ 400.0065 State Long-Term Care Ombudsman Program; duties and responsibilities
§ 400.0067 State Long-Term Care Ombudsman Council; duties; membership
§ 400.0069 Long-term care ombudsman districts; local long-term care ombudsman councils; duties; appointment
§ 400.0070 Conflicts of interest
§ 400.0071 State Long-Term Care Ombudsman Program complaint procedures
§ 400.0073 State and local ombudsman council investigations
§ 400.0074 Local ombudsman council onsite administrative assessments
§ 400.0075 Complaint notification and resolution procedures
§ 400.0077 Confidentiality
§ 400.0078 Citizen access to State Long-Term Care Ombudsman Program services
§ 400.0079 Immunity
§ 400.0081 Access to facilities, residents, and records
§ 400.0083 Interference; retaliation; penalties
§ 400.0087 Department oversight; funding
§ 400.0089 Complaint data reports
§ 400.0091 Training

Terms Used In Florida Statutes > Chapter 400 > Part I

  • Administrative assessment: means a review of conditions in a long-term care facility which impact the rights, health, safety, and welfare of residents with the purpose of noting needed improvement and making recommendations to enhance the quality of life for residents. See Florida Statutes 400.0060
  • Administrator: means the licensed person who has been appointed to serve as the chief executive of the home and has the general administrative charge of the facility. See Florida Statutes 296.33
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means the Agency for Health Care Administration. See Florida Statutes 400.0060
  • Allegation: something that someone says happened.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: shall include the testator, intestate, grantor, bargainor, vendor, or donor. See Florida Statutes 288.9932
  • Department: means the Florida Department of Veterans' Affairs. See Florida Statutes 296.33
  • Department: means the Department of Revenue. See Florida Statutes 288.9932
  • Department: means the Department of Elderly Affairs. See Florida Statutes 400.0060
  • Director: means the executive director of the Florida Department of Veterans' Affairs. See Florida Statutes 296.33
  • District: means a geographical area designated by the state ombudsman in which individuals certified as ombudsmen carry out the duties of the State Long-Term Care Ombudsman Program. See Florida Statutes 400.0060
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Federal generation-skipping transfer tax: means the tax imposed by chapter 13 of the Internal Revenue Code of 1986, as amended. See Florida Statutes 288.9932
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Generation-skipping transfer: means every transfer subject to the federal generation-skipping transfer tax in which transfer the original transferor is a resident of this state at the date of original transfer or the property transferred is real or personal property in this state. See Florida Statutes 288.9932
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gross estate: means the gross estate as determined under the provisions of the applicable federal revenue act. See Florida Statutes 288.9932
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Home: means a licensed health care facility operated by the department pursuant to part II of chapter 400. See Florida Statutes 296.33
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Intangible personal property: means incorporeal personal property including deposits in banks, negotiable instruments, mortgages, debts, receivables, shares of stock, bonds, notes, credits, evidences of an interest in property, evidences of debt and choses in action generally. See Florida Statutes 288.9932
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legacy: A gift of property made by will.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local council: means a local long-term care ombudsman council designated by the ombudsman pursuant to…. See Florida Statutes 400.0060
  • Long-term care facility: means a nursing home facility, assisted living facility, adult family-care home, board and care facility, or any other similar residential adult care facility. See Florida Statutes 400.0060
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 88.6011
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonresident: means a natural person domiciled without the state. See Florida Statutes 288.9932
  • oath: includes affirmations. See Florida Statutes 88.6011
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the Office of the State Long-Term Care Ombudsman Program created by…. See Florida Statutes 400.0060
  • Office of Program Policy Analysis and Government Accountability: means an entity designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 88.6011
  • Ombudsman: means an individual who has been certified by the state ombudsman as meeting the requirements of ss. See Florida Statutes 400.0060
  • Person: means persons, corporations, associations, joint stock companies, and business trusts. See Florida Statutes 288.9932
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 88.6011
  • Personal property: All property that is not real property.
  • Personal representative: means the executor, administrator, or curator of the decedent, or, if there is no executor, administrator, or curator appointed, qualified, and acting, then any person who is in the actual or constructive possession of any property included in the gross estate of the decedent or any other person who is required to file a return or pay the taxes due under any provision of this chapter. See Florida Statutes 288.9932
  • political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 88.6011
  • Probate: Proving a will
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Representative of the State Long-Term Care Ombudsman Program: means the state ombudsman, an employee of the state or district office certified as an ombudsman, or an individual certified as an ombudsman serving on the state or a local council. See Florida Statutes 400.0060
  • Resident: means any eligible veteran admitted to the home. See Florida Statutes 296.33
  • Resident: means a natural person domiciled in the state. See Florida Statutes 288.9932
  • Resident: means an individual 18 years of age or older who resides in a long-term care facility. See Florida Statutes 400.0060
  • Secretary: means the Secretary of Elderly Affairs. See Florida Statutes 400.0060
  • State council: means the State Long-Term Care Ombudsman Council created by…. See Florida Statutes 400.0060
  • State ombudsman: means the State Long-Term Care Ombudsman, who is the individual appointed by the Secretary of Elderly Affairs to head the State Long-Term Care Ombudsman Program. See Florida Statutes 400.0060
  • State ombudsman program: means the State Long-Term Care Ombudsman Program operating under the direction of the State Long-Term Care Ombudsman. See Florida Statutes 400.0060
  • Subpoena: A command to a witness to appear and give testimony.
  • Tangible personal property: means corporeal personal property, including money. See Florida Statutes 288.9932
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • United States: when used in a geographical sense includes only the 50 states and the District of Columbia. See Florida Statutes 288.9932
  • Veteran: means a person as defined in…. See Florida Statutes 296.33
  • veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 88.6011
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 88.6011