The Florida Senate

395.1065  Criminal and administrative penalties; injunctions; emergency orders; moratorium.--

(1)  Any person establishing, conducting, managing, or operating any facility without a license under this part is guilty of a misdemeanor and, upon conviction, shall be fined not more than $500 for the first offense and not more than $1,000 for each subsequent offense, and each day of continuing violation after conviction shall be considered a separate offense.

(2)(a)  The agency may deny, revoke, or suspend a license or impose an administrative fine, not to exceed $1,000 per violation, per day, for the violation of any provision of this part or rules adopted under this part. Each day of violation constitutes a separate violation and is subject to a separate fine.

(b)  In determining the amount of fine to be levied for a violation, as provided in paragraph (a), the following factors shall be considered:

1.  The severity of the violation, including the probability that death or serious harm to the health or safety of any person will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of this part were violated.

2.  Actions taken by the licensee to correct the violations or to remedy complaints.

3.  Any previous violations of the licensee.

(c)  All amounts collected pursuant to this section shall be deposited into the Planning and Regulation Trust Fund, as created by s. 395.004

(d)  The agency may impose an administrative fine for the violation of s. 641.3154 or, if sufficient claims due to a provider from a health maintenance organization do not exist to enable the take-back of an overpayment, as provided under s. 641.3155(5), for the violation of s. 641.3155(5). The administrative fine for a violation cited in this paragraph shall be in the amounts specified in s. 641.52(5), and the provisions of paragraph (a) do not apply.

(3)  Notwithstanding the existence or pursuit of any other remedy, the agency may maintain an action in the name of the state for injunction or other process to enforce the provisions of this part and rules promulgated hereunder.

(4)  The agency may issue an emergency order immediately suspending or revoking a license when it determines that any condition in the licensed facility presents a clear and present danger to public health and safety.

(5)  The agency may impose an immediate moratorium on elective admissions to any licensed facility, building, or portion thereof, or service, when the agency determines that any condition in the facility presents a threat to public health or safety.

(6)  In seeking to impose penalties against a facility as defined in s. 394.455 for a violation of part I of chapter 394, the agency is authorized to rely on the investigation and findings by the Department of Health in lieu of conducting its own investigation.

(7)  The agency shall impose a fine of $500 for each instance of the facility's failure to provide the information required by rules adopted pursuant to s. 395.1055(1)(h).

History.--ss. 26, 30, ch. 82-182; ss. 28, 98, ch. 92-289; s. 32, ch. 96-169; s. 105, ch. 99-8; s. 9, ch. 2000-252; s. 7, ch. 2004-297.

Note.--Former s. 395.018.