(1) No resident of any facility shall be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, by the State Constitution, or by the United States Constitution solely by reason of status as a resident of a facility. Each resident of a facility has the right to:
(a) Live in a safe and decent living environment, free from abuse and neglect.
(b) Be treated with consideration and respect and with due recognition of personal dignity, individuality, and the need for privacy.
(c) Unrestricted private communication, including receiving and sending unopened correspondence. This includes the right to receive memos or announcements from or approved for distribution by the residents’ council.
(d) Freedom to participate in and benefit from community services and activities and to achieve the highest possible level of independence, autonomy, and interaction within the community.
(e) Exercise civil and religious liberties. No religious beliefs or practices, and no requirement of attendance at religious services, may be imposed upon any resident.
(f) Present grievances and recommend changes in policies, procedures, and services to the staff of the facility, governing officials, or any other person without restraint, interference, coercion, discrimination, or reprisal. This right includes access to ombudsman volunteers and advocates and the right to be a member of, and active in, and to associate with, advocacy or special interest groups or associations.
(g) Freedom from governmental intrusion into the private life of the resident, as provided in s. 23, Art. I of the State Constitution.
(2) The provider shall provide a copy of the bill of rights provided by subsection (1) to each resident at or before the resident’s admission to the facility.
(3) Any violation of the residents’ rights set forth in subsection (1) constitutes grounds for disciplinary action by the office under ss. 651.106 and 651.108.
(4) Any person who submits or reports a complaint concerning a suspected violation of a resident’s rights or concerning services or conditions in a facility or who testifies in any administrative or judicial proceeding arising from such complaint is immune from any civil or criminal liability therefor, unless such person has acted in bad faith or with malicious purpose or if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party.
(5) The provider may not restrict a resident’s access to the residents’ council.
(6) This section does not supersede any bill of rights provided by law for residents of nursing homes or assisted living facilities.
History.—ss. 9, 16, ch. 91-98; s. 12, ch. 93-22; s. 45, ch. 95-210; s. 1680, ch. 2003-261; s. 10, ch. 2010-202.
Structure Florida Statutes
Chapter 651 - Continuing Care Contracts
651.012 - Exempted Facility; Written Disclosure of Exemption.
651.013 - Chapter Exclusive; Applicability of Other Laws.
651.014 - Insurance Business Not Authorized.
651.015 - Administration; Forms; Fees; Rules; Fines.
651.018 - Administrative Supervision.
651.019 - New Financing, Additional Financing, or Refinancing.
651.021 - Certificate of Authority Required.
651.022 - Provisional Certificate of Authority; Application.
651.023 - Certificate of Authority; Application.
651.0235 - Validity of Provisional Certificates of Authority and Certificates of Authority.
651.0261 - Quarterly and Monthly Statements.
651.028 - Accredited Facilities.
651.034 - Financial and Operating Requirements for Providers.
651.035 - Minimum Liquid Reserve Requirements.
651.043 - Approval of Change in Management.
651.051 - Maintenance of Assets and Records in State.
651.055 - Continuing Care Contracts; Right to Rescind.
651.057 - Continuing Care At-Home Contracts.
651.061 - Dismissal or Discharge of Resident; Refund.
651.065 - Waiver of Statutory Protection.
651.071 - Contracts as Preferred Claims on Liquidation or Receivership.
651.095 - Advertisements; Requirements; Penalties.
651.106 - Grounds for Discretionary Refusal, Suspension, or Revocation of Certificate of Authority.
651.107 - Duration of Suspension; Obligations During Suspension Period; Reinstatement.
651.108 - Administrative Fines.
651.1081 - Remedies Available in Cases of Unlawful Sale.
651.111 - Requests for Inspections.
651.114 - Delinquency Proceedings; Remedial Rights.
651.1141 - Immediate Final Orders.
651.1151 - Administrative, Vendor, and Management Contracts.
651.116 - Delinquency Proceedings; Additional Provisions.
651.119 - Assistance to Persons Affected by Closure Due to Liquidation or Pending Liquidation.
651.121 - Continuing Care Advisory Council.
651.123 - Alternative Dispute Resolution.
651.125 - Criminal Penalties; Injunctive Relief.
651.131 - Actions Under Prior Law.