reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart G - Court Involved Admissions;Involuntary Treatment › 397.6977 - Disposition of individual upon completion of involuntary services.

397.6977 Disposition of individual upon completion of involuntary services.—At the conclusion of the 90-day period of court-ordered involuntary services, the respondent is automatically discharged unless a motion for renewal of the involuntary services order has been filed with the court pursuant to s. 397.6975.
History.—s. 6, ch. 93-39; s. 40, ch. 2009-132; s. 42, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part VI - Local Ordinance Prohibition and Authorization; Admissions Procedures (Ss. 397.701, 397.702) › 397.701 - Local ordinances affecting impairment and public impairment offenses forbidden.

397.701 Local ordinances affecting impairment and public impairment offenses forbidden.—A county, municipality, or other political subdivision of the state may not, except pursuant to the provisions of s. 397.702, adopt a local law, ordinance, resolution, or regulation having the force of law which provides that impairment in public in and of itself, or being found in enumerated places in an impaired condition, is an offense, a violation, or the subject of civil or criminal sanctions or penalties of any kind. This section does not affect offenses involving the operation of motor vehicles, machinery, or other hazardous equipment.
History.—s. 7, ch. 93-39.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part VII - Offender Referrals (Ss. 397.705, 397.706) › 397.705 - Referral of substance abuse impaired offenders to service providers.

397.705 Referral of substance abuse impaired offenders to service providers.—
(1) AUTHORITY TO REFER.—If any offender, including but not limited to any minor, is charged with or convicted of a crime, the court or criminal justice authority with jurisdiction over that offender may require the offender to receive services from a service provider licensed under this chapter. If referred by the court, the referral shall be in addition to final adjudication, imposition of penalty or sentence, or other action. The court may consult with or seek the assistance of a service provider concerning such a referral. Assignment to a service provider is contingent upon availability of space, budgetary considerations, and manageability of the offender.
(2) REFERRAL AND TREATMENT.—
(a) An order referring an offender under subsection (1) must be in writing and must be signed by the referral source. The order must specify the name of the offender, the name and address of the service provider to which the offender is referred, the date of the referral, the duration of the offender’s sentence, and all conditions stipulated by the referral source. The total amount of time the offender is required to receive treatment may not exceed the maximum length of sentence possible for the offense with which the offender is charged or convicted. A copy of the order must be delivered to the service provider.
(b) The director may refuse to admit any offender referred to the service provider under subsection (1). The director’s refusal to admit the offender must be communicated immediately and in writing within 72 hours to the referral source, stating the basis for such refusal.
(c) The director may, after consulting with the referral source, discharge any offender referred to the service provider under subsection (1) when, in the judgment of the director, the offender is beyond the safe management capabilities of the service provider. The director must orally communicate a decision to discharge an offender to the offender and to the referral source, immediately, and must communicate the decision in writing within 72 hours thereafter, stating the basis for the determination that the offender is beyond the safe management capabilities of the facility.
(d) When an offender successfully completes treatment or when the time period during which the offender is required to receive treatment expires, the director shall communicate such fact to the referral source.
History.—s. 8, ch. 93-39; s. 38, ch. 97-194.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part VII - Offender Referrals (Ss. 397.705, 397.706) › 397.706 - Screening, assessment, and disposition of juvenile offenders.

397.706 Screening, assessment, and disposition of juvenile offenders.—
(1) The substance abuse treatment needs of juvenile offenders and their families must be identified and addressed through diversionary programs and adjudicatory proceedings pursuant to chapter 984 or chapter 985.
(2) The juvenile and circuit courts, in conjunction with department substate entity administration, shall establish policies and procedures to ensure that juvenile offenders are appropriately screened for substance abuse problems and that diversionary and adjudicatory proceedings include appropriate conditions and sanctions to address substance abuse problems. Policies and procedures must address:
(a) The designation of local service providers responsible for screening and assessment services and dispositional recommendations to the department and the court.
(b) The means by which juvenile offenders are processed to ensure participation in screening and assessment services.
(c) The role of the court in securing assessments when juvenile offenders or their families are noncompliant.
(d) Safeguards to ensure that information derived through screening and assessment is used solely to assist in dispositional decisions and not for purposes of determining innocence or guilt.
(3) Because resources available to support screening and assessment services are limited, the judicial circuits and department substate entity administration must develop those capabilities to the extent possible within available resources according to the following priorities:
(a) Juvenile substance abuse offenders.
(b) Juvenile offenders who are substance abuse impaired at the time of the offense.
(c) Second or subsequent juvenile offenders.
(d) Minors taken into custody.
(4) The court may require juvenile offenders and their families to participate in substance abuse assessment and treatment services in accordance with the provisions of chapter 984 or chapter 985 and may use its contempt powers to enforce its orders.
History.—s. 8, ch. 93-39; s. 36, ch. 98-280; s. 42, ch. 2009-132.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part VIII - Inmate Substance Abuse Programs (Ss. 397.752-397.754) › 397.752 - Scope of part.

397.752 Scope of part.—An inmate’s substance abuse service records are confidential in accordance with s. 397.501(7). No other provision of parts I-VII of this chapter applies to inmates except as indicated by the context or specified.
History.—s. 9, ch. 93-39.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part VIII - Inmate Substance Abuse Programs (Ss. 397.752-397.754) › 397.753 - Definitions.

397.753 Definitions.—As used in this part:
(1) “Department” means the Department of Corrections.
(2) “Inmate” means any person committed by a court of competent jurisdiction to the custody of the Department of Corrections, including transfers from federal and state agencies under the Interstate Corrections Compact.
(3) “Inmate substance abuse services” means any service component as defined in s. 397.311 provided directly by the Department of Corrections and licensed and regulated by the Department of Children and Families pursuant to s. 397.4014, or provided through contractual arrangements with a service provider licensed pursuant to part II; or any self-help program or volunteer support group operating for inmates.
History.—s. 9, ch. 93-39; s. 108, ch. 99-8; s. 116, ch. 2014-19; s. 31, ch. 2017-173.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part VIII - Inmate Substance Abuse Programs (Ss. 397.752-397.754) › 397.754 - Duties and responsibilities of the Department of Corrections.

397.754 Duties and responsibilities of the Department of Corrections.—The Department of Corrections shall:
(1) To the fullest extent possible provide inmates upon arrival at a Department of Corrections reception center for initial processing with an assessment of substance abuse service needs.
(2) Provide inmates who are admitted to inmate substance abuse services with an individualized treatment plan which is developed on the basis of assessed need for services and which includes measurable goals and specifies the types of services needed to meet those goals.
(3) To the fullest extent possible provide inmates with individualized services.
(4) Develop and maintain systematic methods of research, evaluation, and monitoring of the appropriateness and quality of substance abuse programs.
(5) Provide inmates who have participated in substance abuse programs within 1 month of the date of their final release from the correctional facility in which they are incarcerated with information regarding options for continuing substance abuse services in the community and with referrals for such services as appropriate or upon the inmate’s request.
(6) In cooperation with other agencies, actively seek to enhance resources for the provision of treatment services for inmates and to develop partnerships with other state agencies, including but not limited to the Departments of Children and Families, Education, Economic Opportunity, and Law Enforcement.
(7) To the extent of available funding, provide training to employees whose duties involve the provision of inmate substance abuse services.
(8) The department shall by rule set forth procedures with respect to individual dignity, nondiscriminatory services, quality services, communication for inmates who receive treatment for substance abuse, and confidentiality requirements in accordance with federal law.
History.—s. 9, ch. 93-39; s. 109, ch. 99-8; s. 117, ch. 2014-19; s. 41, ch. 2015-2.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part IX - Children’s Substance Abuse Services (Ss. 397.92-397.998) › 397.92 - Children’s substance abuse services system; goals.

397.92 Children’s substance abuse services system; goals.—
(1) It is the intent of the Legislature that the children’s substance abuse services system achieve the following performance outcomes for children who are eligible for services:
(a) Identification of the presenting problems and conditions of substance abuse through the use of valid assessment.
(b) Improvement in the child’s ability to function in the family with minimum supports.
(c) Improvement in the child’s ability to function in school with minimum supports.
(d) Improvement in the child’s ability to function in the community with minimum supports.
(e) Improvement in the child’s ability to live drug-free.
(f) Reduction of behaviors and conditions that may be linked to substance abuse, such as unintended pregnancy, delinquency, sexually transmitted diseases, and smoking, and other negative behaviors.
(g) Increased return of children in state custody, drug-free, to their homes, or the placement of such children, drug-free, in an appropriate setting.
(2) Pursuant to former s. 216.0166, the department shall annually develop performance outcomes and performance measures to assess the performance of the children’s substance abuse services system in achieving the intent of this section.
History.—s. 7, ch. 99-396; s. 42, ch. 2015-2.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part IX - Children’s Substance Abuse Services (Ss. 397.92-397.998) › 397.95 - Children’s substance abuse services; services provided by licensed providers.

397.95 Children’s substance abuse services; services provided by licensed providers.—Each substate entity of the department shall ensure that all screening, intake, assessment, enrollment, service planning, and case management services provided under this part are provided by children’s substance abuse services providers licensed under part II of this chapter and in accordance with standards set forth in department rules.
History.—s. 10, ch. 99-396; s. 46, ch. 2009-132.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part IX - Children’s Substance Abuse Services (Ss. 397.92-397.998) › 397.96 - Case management for complex substance abuse cases.

397.96 Case management for complex substance abuse cases.—
(1) Contingent upon specific appropriations, it is the intent of the Legislature to provide for a more intensive level of case management for complex cases involving children who need substance abuse services. Such services shall be directed toward children receiving services from several agencies or programs to address the complex problems created by substance abuse, dependency, or addiction.
(2) The department shall determine when a child receiving children’s substance abuse services under this part shall have a case manager.
(3) For the purposes of this section, “case management” means those activities aimed at:
(a) Implementing a treatment plan;
(b) Advocacy;
(c) Linking services providers to a child and family;
(d) Monitoring services delivery; and
(e) Collecting information to determine the effect of services and treatment.
(4) The case manager shall periodically review services utilization to ascertain compliance with plans approved by the planning team.
(5) In the attempt to minimize duplication, it is the intent of the Legislature that a child have no more than one case manager.
History.—s. 12, ch. 99-396; s. 13, ch. 2015-4.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part IX - Children’s Substance Abuse Services (Ss. 397.92-397.998) › 397.997 - Prevention resources; Internet website.

397.997 Prevention resources; Internet website.—
(1) The department shall develop a publicly available substance abuse prevention Internet website. The information on the Internet website shall target youth and their parents, teachers, and other stakeholders.
(2) The Internet website shall incorporate, at a minimum, the following components;
(a) The nature of Florida’s current youth alcohol, tobacco, and other drug use concerns;
(b) The health, social, and legal effects of alcohol, tobacco, and other drug use on individuals, families, schools, and the economy;
(c) National, state, and local substance abuse prevention and treatment resources; and
(d) Classroom, home, and individual instructional activities and games geared to teach targeted youth about the harmful effects of alcohol, tobacco, or other drug use, refusal and other prevention skills, and how to get help for someone using drugs.
History.—s. 16, ch. 99-396.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part IX - Children’s Substance Abuse Services (Ss. 397.92-397.998) › 397.998 - Drug-free communities support match grants.

397.998 Drug-free communities support match grants.—
(1) PURPOSE.—The purposes of drug-free communities match grants are to:
(a) Assist community coalitions in an effort to secure federal drug-free communities support program grants under Pub. L. No. 105-20.
(b) Reduce substance abuse among youth and, over time, to reduce substance abuse among adults.
(c) Enable community coalitions to strengthen collaboration efforts among public and private agencies to reduce substance abuse among youth.
(2) APPLICATION PROCESS.—
(a) Contingent upon specific appropriations, the department shall establish a program to provide drug-free communities match grants.
(b) The grants shall be used for all or part of the match required for community coalitions to secure a federal drug-free communities support program grant.
(3) ELIGIBLE APPLICANTS.—
(a) Community coalitions whose members have worked together on substance abuse reduction initiatives for a period of not less than 6 months are eligible to apply for match grant funds.
(b) The coalition must represent the targeted community and include at least one representative of each of the following groups: local Department of Children and Families official; youth; parents; business community; media; schools; organizations serving youth; law enforcement agencies; religious or fraternal organizations; civic and volunteer groups; health care professionals; other local or tribal governmental agencies with an expertise in the field of substance abuse, including, if applicable, the state authority with primary authority for substance abuse; and other organizations involved in reducing substance abuse.
(c) To demonstrate that the coalition meets the stated criteria, the applicant must submit examples or formal agreements, such as memorandums of understanding, previous newsletters or publications, or other examples of print media coverage that are dated within 6 months prior to submittal of the application.
(4) RELEASE OF FUNDS.—Match grant funds shall be released as required by federal regulations to community coalitions upon documentation that a community coalition has been awarded a drug-free communities support program grant.
(5) IN-KIND MATCH.—The department may provide other in-kind services or goods allowed by federal regulations in lieu of money, to achieve the purpose of this section.
History.—s. 17, ch. 99-396; s. 45, ch. 2013-18; s. 119, ch. 2014-19.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 399 - Elevator Safety › 399.001 - Short Title and Purpose.

399.001 Short title and purpose.—This chapter may be cited as the “Elevator Safety Act.” The purpose of this chapter is to provide for the safety of life and limb and to promote public safety awareness. The use of unsafe and defective lifting devices imposes a substantial probability of serious and preventable injury and exposes employees and the public to unsafe conditions. The prevention of these injuries and the protection of employees and the public from unsafe conditions is in the best interest of the public. Elevator personnel performing work covered by the Florida Building Code must possess documented training or experience or both and be familiar with the operation and safety functions of the components and equipment. Training and experience includes, but is not limited to, recognizing the safety hazards and performing the procedures to which they are assigned in conformance with the requirements of the Florida Building Code. This chapter establishes the minimum standards for elevator personnel.
History.—s. 5, ch. 2001-186.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 399 - Elevator Safety › 399.049 - Disciplinary Action.

399.049 Disciplinary action.—
(1) The department may suspend or revoke an elevator inspector certification, an elevator company registration, an elevator certificate of competency, or an elevator certificate of operation issued under this chapter or impose an administrative penalty of up to $1,000 per violation upon any registered elevator company or certificateholder who commits any one or more of the following violations:
(a) Any false statement as to a material matter in an application for registration, certification, or any permit or certificate issued under this chapter.
(b) Fraud, misrepresentation, or bribery in the practice of the profession.
(c) Failure by a certified elevator inspector to provide the department and the certificate of operation holder with a copy of the inspection report within 5 days after the date of any inspection performed after the initial certificate of operation is issued.
(d) Violation of any provision of this chapter.
(e) Failure by a certified elevator inspector to maintain his or her qualified elevator inspector credential in good standing.
(f) Having a license to install, inspect, maintain, or repair any vertical conveyance revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or county.
(g) Engaging in fraud or deceit, negligence, incompetency, or misconduct in the practice of the profession.
(2) Any disciplinary action taken under this chapter must comply with chapter 120 and any rules adopted thereunder.
History.—s. 9, ch. 2001-186; s. 6, ch. 2002-293; s. 9, ch. 2002-299; s. 4, ch. 2010-110.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 399 - Elevator Safety › 399.061 - Inspections; Service Maintenance Contracts; Correction of Deficiencies.

399.061 Inspections; service maintenance contracts; correction of deficiencies.—
(1)(a) All elevators or other conveyances subject to this chapter must be annually inspected by a certified elevator inspector or by a municipality or county under contract with the division pursuant to s. 399.13. If the elevator is not an escalator or a dumbwaiter, serves only two adjacent floors, and is covered by a service maintenance contract, an inspection is not required so long as the service contract remains in effect.
(b) A statement verifying the existence and performance of each service maintenance contract must be filed at least annually with the division and as prescribed by rule. Cancellation of a service maintenance contract must be reported to the division as prescribed by rule.
(2) The division may employ state elevator inspectors to inspect an elevator whenever necessary to ensure its safe operation. The division may also employ state elevator inspectors to conduct any inspections required by this chapter and may charge a fee for each inspection in an amount sufficient to cover the costs of that inspection, as provided by rule, when a private certified elevator inspector is not available. Each state elevator inspector shall be properly qualified as a certified elevator inspector.
(3) Whenever the division determines from the results of any inspection that, in the interest of the public safety, an elevator is in an unsafe condition, the division may seal the elevator or order the discontinuance of the use of the elevator until the division determines by inspection that such elevator has been satisfactorily repaired or replaced so that the elevator may be operated in a safe manner.
(4) When the division determines that an elevator is in violation of this chapter or the Florida Building Code, the division may issue an order to the elevator owner requiring correction of the violation and reinspection of the elevator evidencing the correction.
(5) A certified elevator inspector or registered elevator company shall, upon the written request of the department, provide a written response that explains the inspection procedures and applications used to prepare an inspection report that was found by the department to contain errors or omissions of code violations or tests.
History.—s. 10, ch. 81-120; ss. 7, 17, ch. 83-145; s. 1, ch. 85-236; s. 36, ch. 87-225; s. 5, ch. 90-73; s. 8, ch. 93-16; s. 26, ch. 2000-141; s. 4, ch. 2000-356; s. 10, ch. 2001-186; s. 7, ch. 2002-293; s. 10, ch. 2002-299; s. 5, ch. 2010-110.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 399 - Elevator Safety › 399.07 - Certificates of Operation; Fees.

399.07 Certificates of operation; fees.—
(1) The certificate of operation is valid for a period not to exceed 2 years and shall expire at the end of the period unless revoked. The department may adopt rules establishing a procedure for certificate renewal. Certificates of operation may be renewed only for vertical conveyances having a current satisfactory inspection. The owner of an elevator operating with an expired certificate of operation is in violation of this chapter. Certificate of operation renewal applications received by the department after the date of expiration of the last current certificate must be accompanied by a late fee of $50 in addition to the renewal fee and any other fees required by law. The department shall adopt by rule a fee schedule for the renewal of certificates of operation. The fees must be deposited into the Hotel and Restaurant Trust Fund.
(2) The certificate of operation must be posted in a conspicuous location on the elevator and must be framed with a transparent cover.
(3) The certificate of operation shall contain the text of s. 823.12, relating to the prohibition against smoking in elevators.
(4) In addition to subsection (3), the designation “NO SMOKING” along with the international symbol for no smoking shall be conspicuously displayed within the interior of the elevator in the plain view of the public.
(5) Except for temporary use authorized by this chapter, the operation or use of any newly installed, relocated, or altered elevator is prohibited until the elevator has passed the tests and inspections required by this chapter and a certificate of operation has been issued.
(6) The department may suspend any certificate of operation if it finds that the elevator is not in compliance with this chapter or of rules adopted under this chapter. The suspension remains in effect until the department receives satisfactory results of an inspection performed by a certified elevator inspector indicating that the elevator has been brought into compliance.
History.—s. 7, ch. 24096, 1947; s. 11, ch. 25035, 1949; ss. 16, 35, ch. 69-106; s. 11, ch. 71-228; s. 2, ch. 74-115; s. 11, ch. 81-120; s. 2, ch. 81-318; ss. 8, 16, 17, ch. 83-145; s. 6, ch. 90-73; ss. 6, 8, ch. 93-16; s. 11, ch. 2001-186; s. 8, ch. 2002-293; s. 11, ch. 2002-299.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 399 - Elevator Safety › 399.10 - Enforcement of Law.

399.10 Enforcement of law.—It shall be the duty of the department to enforce the provisions of this chapter. The department shall have rulemaking authority to carry out the provisions of this chapter.
History.—s. 10, ch. 24096, 1947; ss. 16, 35, ch. 69-106; s. 12, ch. 81-120; s. 2, ch. 81-318; ss. 9, 16, 17, ch. 83-145; s. 8, ch. 93-16; s. 12, ch. 2001-186.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 399 - Elevator Safety › 399.105 - Administrative Fines.

399.105 Administrative fines.—
(1) Any person who fails to comply with the reporting requirements of this chapter or with the reasonable requests of the department to determine whether the provisions of a service maintenance contract and its implementation ensure safe elevator operation is subject to an administrative fine not greater than $1,000 in addition to any other penalty provided by law.
(2) Any person who commences the operation, installation, relocation, or alteration of any elevator for which a permit or certificate is required by this chapter without having obtained from the department the permit or certificate is subject to an administrative fine not greater than $1,000 in addition to any other penalty provided by law.
(3) An elevator owner who continues to operate an elevator after notice to discontinue its use or after it has been sealed by the department is subject to an administrative fine not greater than $1,000 for each day the elevator has been operated after the service of the notice or sealing by the department, in addition to any other penalty provided by law.
(4) An elevator owner who fails to comply with an order to correct issued under s. 399.061(4) within 90 days after its issuance is subject, in addition to any other penalty provided by law, to an administrative fine in an amount not to exceed $1,000.
(5) All administrative fines collected shall be deposited into the Hotel and Restaurant Trust Fund.
History.—ss. 2, 7, 10, 16, 17, ch. 83-145; ss. 7, 8, ch. 93-16; s. 13, ch. 2001-186; s. 9, ch. 2002-293; s. 12, ch. 2002-299; s. 6, ch. 2010-110.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 399 - Elevator Safety › 399.1061 - Elevator Safety Technical Advisory Council.

399.1061 Elevator Safety Technical Advisory Council.—
(1) The Elevator Safety Technical Advisory Council is created within the division and shall consist of eight members appointed by the secretary of the department who meet the following criteria: one representative from a major elevator manufacturing company or its authorized representative; one representative from an elevator servicing company; one representative from a building design profession; one representative of the general public; one representative of a local government in this state; one representative of a building owner or manager; one representative of labor involved in the installation, maintenance, and repair of elevators; and one representative who is a certified elevator inspector from a private inspection service. The council shall provide technical assistance to the division in support of protecting the health, safety, and welfare of the public and shall give the division the benefit of the council members’ knowledge and experience concerning the industries and individual businesses affected by the laws and rules administered by the division.
(2)(a) The council members shall serve 4-year terms, except that, to provide for staggered terms, four of the initial appointees, as specified by rule, shall serve 2-year terms. All subsequent appointments shall be for 4-year terms. The council shall appoint one of the members to serve as chair.
(b) The council members shall serve without compensation, except that the members may be reimbursed for per diem and travel expenses as provided in s. 112.061.
(3) The council may consult with engineering authorities and organizations concerned with standard safety codes for recommendations to the department regarding rules for the operation, maintenance, servicing, construction, alteration, installation, or inspection of vertical conveyances subject to this chapter.
History.—s. 3, ch. 2004-12.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 399 - Elevator Safety › 399.11 - Penalties.

399.11 Penalties.—
(1) Any person who violates any of the provisions of this chapter or the rules of the department is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who falsely represents himself or herself as credentialed under this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 11, ch. 24096, 1947; s. 10, ch. 26484, 1951; s. 4, ch. 65-421; ss. 16, 35, ch. 69-106; s. 346, ch. 71-136; s. 13, ch. 81-120; s. 2, ch. 81-318; ss. 5, 10, 16, 17, ch. 83-145; s. 71, ch. 91-224; s. 8, ch. 93-16; s. 757, ch. 95-148; s. 15, ch. 2001-186.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 399 - Elevator Safety › 399.125 - Reporting of Elevator Accidents; Penalties.

399.125 Reporting of elevator accidents; penalties.—Within 5 working days after any accident occurring in or upon any elevator, the certificate of operation holder shall report the accident to the division on a form prescribed by the division. Failure to timely file this report is a violation of this chapter and will subject the certificate of operation holder to an administrative fine, to be imposed by the division, in an amount not to exceed $1,000.
History.—s. 2, ch. 85-236; s. 1, ch. 86-286; s. 8, ch. 93-16; s. 295, ch. 94-119; s. 16, ch. 2001-186; s. 58, ch. 2002-1; s. 11, ch. 2002-293; s. 14, ch. 2002-299.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 399 - Elevator Safety › 399.13 - Delegation of Authority to Municipalities or Counties.

399.13 Delegation of authority to municipalities or counties.—
(1) The department may enter into contracts with municipalities or counties under which the municipalities or counties will issue construction permits and certificates of operation; will provide for inspection of elevators, including temporary operation inspections; and will enforce the applicable provisions of the Florida Building Code, as required by this chapter. The municipality or county may choose to require inspections be performed by its own inspectors or by private certified elevator inspectors. The municipality or county may assess a reasonable fee for inspections performed by its inspectors. Each agreement shall include a provision that the municipality or county shall maintain for inspection by the department copies of all applications for permits issued, a copy of each inspection report issued, and proper records showing the number of certificates of operation issued; shall include a provision that each required inspection be conducted by a certified elevator inspector; and may include other provisions as the department deems necessary. The county shall enforce the Florida Building Code as it applies to this chapter and may impose fees and assess and collect fines as part of its enforcement activities. A county or municipality may not issue or take disciplinary action against a certificate of competency, an elevator inspector certification, an elevator technician certification, or an elevator company registration. However, the department may initiate disciplinary action against a registration or certification at the request of a county or municipality.
(2) The department may make inspections of elevators in the municipality or county for the purpose of determining that the provisions of this chapter are being met and may cancel the contract with any municipality or county that the department finds has failed to comply with the contract or this chapter. The amendments to chapter 399 by this act shall apply only to the installation, relocation, or alteration of an elevator for which a permit has been issued after October 1, 1990.
History.—s. 13, ch. 24096, 1947; s. 5, ch. 65-421; ss. 16, 35, ch. 69-106; s. 12, ch. 71-157; s. 2, ch. 81-318; ss. 11, 16, 17, ch. 83-145; s. 7, ch. 90-73; s. 8, ch. 93-16; s. 27, ch. 2000-141; ss. 17, 34, ch. 2001-186; s. 3, ch. 2001-372; s. 12, ch. 2002-293; s. 15, ch. 2002-299; s. 4, ch. 2004-12.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 399 - Elevator Safety › 399.16 - Unlicensed Activity; Citations; Prohibitions; Penalties.

399.16 Unlicensed activity; citations; prohibitions; penalties.—
(1) The division may issue a citation for unlicensed activity upon a finding of probable cause that activity requiring a permit, certificate, or license is being performed without a valid permit, certificate, or license. The citation constitutes a stop work order that may be enforced by the division.
(a) The citation shall be in a form prescribed by rule. The division may adopt rules to administer this section, including a schedule of penalties.
(b) The division shall issue a citation to the owner of an unlicensed elevator, to unlicensed elevator personnel, or to the owner of an unregistered elevator company.
(c) The activity for which a citation is issued shall cease upon receipt of the citation, and the person who receives the citation must correct the violation and respond to the civil penalty, which may not exceed $1,000 per violation, or request an administrative hearing pursuant to chapter 120.
(2) Each day that a violation continues constitutes a separate violation.
(3) The remedies in this section are not exclusive and may be imposed in addition to other remedies in this chapter.
History.—s. 7, ch. 2010-110.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 399 - Elevator Safety › 399.17 - Certified Elevator Inspectors; Registration.

399.17 Certified elevator inspectors; registration.—Each certified elevator inspector must annually register with the division and provide proof of completion of 8 hours of continuing education, proof of good standing, and proof of general liability insurance coverage in the minimum amounts established by the division. The registration must remain in good standing throughout the license year.
History.—s. 8, ch. 2010-110.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091) › 400.0060 - Definitions.

400.0060 Definitions.—When used in this part, unless the context clearly dictates otherwise, the term:
(1) “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.
(2) “Agency” means the Agency for Health Care Administration.
(3) “Department” means the Department of Elderly Affairs.
(4) “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. A district may have one or more local councils.
(5) “Local council” means a local long-term care ombudsman council designated by the ombudsman pursuant to s. 400.0069. Local councils are also known as district long-term care ombudsman councils or district councils.
(6) “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.
(7) “Office” means the Office of the State Long-Term Care Ombudsman Program created by s. 400.0063.
(8) “Ombudsman” means an individual who has been certified by the state ombudsman as meeting the requirements of ss. 400.0069, 400.0070, and 400.0091.
(9) “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.
(10) “Resident” means an individual 18 years of age or older who resides in a long-term care facility.
(11) “Secretary” means the Secretary of Elderly Affairs.
(12) “State council” means the State Long-Term Care Ombudsman Council created by s. 400.0067.
(13) “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.
(14) “State ombudsman program” means the State Long-Term Care Ombudsman Program operating under the direction of the State Long-Term Care Ombudsman.
History.—ss. 1, 30, ch. 93-177; s. 4, ch. 95-210; s. 1, ch. 2006-121; s. 1, ch. 2015-31.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091) › 400.0061 - Legislative findings and intent; long-term care facilities.

400.0061 Legislative findings and intent; long-term care facilities.—
(1) The Legislature finds that conditions in long-term care facilities in this state are such that the rights, health, safety, and welfare of residents are not fully ensured by rules of the Department of Elderly Affairs or the Agency for Health Care Administration or by the good faith of owners or operators of long-term care facilities. Furthermore, there is a need for a formal mechanism whereby a long-term care facility resident, a representative of a long-term care facility resident, or any other concerned citizen may make a complaint against the facility or its employees or against other persons who are in a position to restrict, interfere with, or threaten the rights, health, safety, or welfare of a long-term care facility resident. The Legislature finds that concerned citizens are often more effective advocates for the rights of others than governmental agencies. The Legislature further finds that in order to be eligible to receive an allotment of funds authorized and appropriated under the federal Older Americans Act, the state must establish and operate an Office of State Long-Term Care Ombudsman, to be headed by the State Long-Term Care Ombudsman, and carry out a long-term care ombudsman program.
(2) It is the intent of the Legislature, therefore, to use voluntary citizen ombudsman councils under the leadership of the State Long-Term Care Ombudsman and, through them, to operate a state ombudsman program, which shall, without interference by any executive agency, undertake to discover, investigate, and determine the presence of conditions or individuals that constitute a threat to the rights, health, safety, or welfare of the residents of long-term care facilities. To ensure that the effectiveness and efficiency of such investigations are not impeded by advance notice or delay, the Legislature intends that the representatives of the State Long-Term Care Ombudsman Program not be required to obtain warrants in order to enter into or conduct investigations or onsite administrative assessments of long-term care facilities. It is the further intent of the Legislature that the environment in long-term care facilities be conducive to the dignity and independence of residents and that investigations by representatives of the State Long-Term Care Ombudsman Program shall further the enforcement of laws, rules, and regulations that safeguard the health, safety, and welfare of residents.
History.—ss. 2, 30, ch. 93-177; s. 758, ch. 95-148; s. 111, ch. 99-8; s. 2, ch. 2006-121; s. 2, ch. 2015-31.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091) › 400.0063 - Establishment of the State Long-Term Care Ombudsman Program; designation of ombudsman and legal advocate.

400.0063 Establishment of the State Long-Term Care Ombudsman Program; designation of ombudsman and legal advocate.—
(1) There is created the State Long-Term Care Ombudsman Program in the Department of Elderly Affairs.
(2)(a) The State Long-Term Care Ombudsman Program shall be headed by the State Long-Term Care Ombudsman, who shall serve on a full-time basis and shall personally, or through representatives of the program, carry out its purposes and functions in accordance with state and federal law.
(b) The state ombudsman shall be appointed by and shall serve at the pleasure of the Secretary of Elderly Affairs. The secretary shall appoint a person who has expertise and experience in the fields of long-term care and advocacy to serve as state ombudsman.
(3)(a) There is created in the office the position of legal advocate, who shall be selected by and serve at the pleasure of the state ombudsman and 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 state ombudsman in carrying out the duties of the office with respect to the abuse, neglect, exploitation, or violation of rights of residents of long-term care facilities.
2. Assisting the representatives of the State Long-Term Care Ombudsman Program in carrying out their responsibilities under this part.
3. Pursuing administrative, legal, and other appropriate remedies on behalf of residents.
4. Serving as legal counsel to the representatives of the State Long-Term Care Ombudsman Program in any suit or other legal action that is initiated in connection with the performance of the official duties of the representatives of the State Long-Term Care Ombudsman Program.
History.—ss. 3, 30, ch. 93-177; s. 41, ch. 95-196; s. 121, ch. 2000-349; s. 41, ch. 2000-367; s. 20, ch. 2002-223; s. 3, ch. 2006-121; s. 20, ch. 2006-197; s. 3, ch. 2015-31.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091) › 400.0070 - Conflicts of interest.

400.0070 Conflicts of interest.—
(1) A representative of the State Long-Term Care Ombudsman Program may not:
(a) Have a direct involvement in the licensing or certification of, or an ownership or investment interest in, a long-term care facility or a provider of a long-term care service.
(b) Be employed by, or participate in the management of, a long-term care facility.
(c) Receive, or have a right to receive, directly or indirectly, remuneration, in cash or in kind, under a compensation agreement with the owner or operator of a long-term care facility.
(2) Each representative of the State Long-Term Care Ombudsman Program shall certify that he or she does not have a conflict of interest.
(3) The department, in consultation with the state ombudsman, shall define by rule:
(a) Situations that constitute a conflict of interest which could materially affect the objectivity or capacity of an individual to serve as a representative of the State Long-Term Care Ombudsman Program while carrying out the purposes of the State Long-Term Care Ombudsman Program as specified in this part.
(b) The procedure by which an individual listed in subsection (2) must certify that he or she does not have a conflict of interest.
History.—s. 8, ch. 2006-121; s. 7, ch. 2015-31; s. 45, ch. 2016-10.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091) › 400.0071 - State Long-Term Care Ombudsman Program complaint procedures.

400.0071 State Long-Term Care Ombudsman Program complaint procedures.—The department, in consultation with the state ombudsman, shall adopt rules implementing state and local complaint procedures. The rules must include procedures for receiving, investigating, identifying, and resolving complaints concerning the health, safety, welfare, and rights of residents.
History.—s. 28, ch. 75-233; s. 3, ch. 76-168; s. 9, ch. 77-401; s. 1, ch. 77-457; ss. 7, 12, ch. 80-198; ss. 4, 6, ch. 81-184; ss. 2, 3, ch. 81-318; s. 4, ch. 82-46; ss. 36, 79, 83, ch. 83-181; ss. 16, 29, 30, ch. 93-177; s. 49, ch. 93-217; s. 126, ch. 2000-349; s. 46, ch. 2000-367; s. 24, ch. 2002-223; s. 9, ch. 2006-121; s. 8, ch. 2015-31.
Note.—Former s. 400.311.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091) › 400.0073 - State and local ombudsman council investigations.

400.0073 State and local ombudsman council investigations.—
(1) A representative of the State Long-Term Care Ombudsman Program shall identify and investigate, within a reasonable time after a complaint is made, by or on behalf of a resident relating to actions or omissions by providers or representatives of providers of long-term care services, other public agencies, guardians, or representative payees which may adversely affect the health, safety, welfare, or rights of residents.
(2) Subsequent to an appeal from a local council, the state council may investigate any complaint received by the local council involving a long-term care facility or a resident.
(3) If a representative of the State Long-Term Care Ombudsman Program is not allowed to enter a long-term care facility, the administrator of the facility shall be considered to have interfered with a representative of the State Long-Term Care Ombudsman Program in the performance of official duties as described in s. 400.0083(1) and to have violated this part. The representative of the State Long-Term Care Ombudsman Program shall report a facility’s refusal to allow entry to the state ombudsman or his or her designee, who shall report the incident to the agency, and the agency shall record the report and take it into consideration when determining actions allowable under s. 400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s. 429.71.
History.—s. 29, ch. 75-233; s. 3, ch. 76-168; s. 10, ch. 77-401; s. 1, ch. 77-457; ss. 8, 12, ch. 80-198; ss. 4, 6, ch. 81-184; ss. 2, 3, ch. 81-318; s. 4, ch. 82-46; ss. 16, 19, ch. 82-148; ss. 37, 79, 83, ch. 83-181; ss. 7, 29, 30, ch. 93-177; s. 49, ch. 93-217; s. 761, ch. 95-148; s. 127, ch. 2000-349; s. 47, ch. 2000-367; s. 1, ch. 2001-45; s. 10, ch. 2006-121; s. 22, ch. 2006-197; s. 76, ch. 2007-5; s. 53, ch. 2007-230; s. 9, ch. 2015-31.
Note.—Former s. 400.314.