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The Florida Senate

2006 Florida Statutes

SECTION 415
Denial, suspension, and revocation; other remedies.
Section 397.415, Florida Statutes 2006

397.415  Denial, suspension, and revocation; other remedies.--

(1)  If the department determines that an applicant or licensed service provider or licensed service component thereof is not in compliance with all statutory and regulatory requirements, the department may deny, suspend, revoke, or impose reasonable restrictions or penalties on the license or any portion of the license. In such case, the department:

(a)  May impose a moratorium on admissions to any component of a licensed service provider if the department determines that conditions within such component are a threat to the public health or safety.

(b)  May impose an administrative penalty of up to $500 per day against a licensed service provider operating in violation of any fire-related, safety-related, or health-related statutory or regulatory requirement. Fines collected under this paragraph must be deposited in the Substance Abuse Impairment Provider Licensing Trust Fund.

(c)  May suspend or revoke the license if, after notice, it determines that a service provider has failed to correct the substantial or chronic violation of any statutory or regulatory requirement such as impacts the quality of client care.

(2)  If a license of a facility or any service component of a facility is revoked, the service provider is barred from submitting any application for licensure of the affected facility or service component to the department for a period of 1 year after the revocation.

(3)  Proceedings for the denial, suspension, or revocation of a service provider's license must be conducted in accordance with chapter 120.

(4)  The department may maintain an action in court to enjoin the operation of any licensed or unlicensed facility in violation of this chapter or the rules adopted under this chapter.

History.--s. 3, ch. 93-39.