The Florida Senate

400.995  Agency administrative penalties.--

(1)  The agency may deny the application for a license renewal, revoke or suspend the license, and impose administrative fines of up to $5,000 per violation for violations of the requirements of this part or rules of the agency. In determining if a penalty is to be imposed and in fixing the amount of the fine, the agency shall consider the following factors:

(a)  The gravity of the violation, including the probability that death or serious physical or emotional harm to a patient will result or has resulted, the severity of the action or potential harm, and the extent to which the provisions of the applicable laws or rules were violated.

(b)  Actions taken by the owner, medical director, or clinic director to correct violations.

(c)  Any previous violations.

(d)  The financial benefit to the clinic of committing or continuing the violation.

(2)  Each day of continuing violation after the date fixed for termination of the violation, as ordered by the agency, constitutes an additional, separate, and distinct violation.

(3)  Any action taken to correct a violation shall be documented in writing by the owner, medical director, or clinic director of the clinic and verified through followup visits by agency personnel. The agency may impose a fine and, in the case of an owner-operated clinic, revoke or deny a clinic's license when a clinic medical director or clinic director knowingly misrepresents actions taken to correct a violation.

(4)  For fines that are upheld following administrative or judicial review, the violator shall pay the fine, plus interest at the rate as specified in s. 55.03, for each day beyond the date set by the agency for payment of the fine.

(5)  Any unlicensed clinic that continues to operate after agency notification is subject to a $1,000 fine per day.

(6)  Any licensed clinic whose owner, medical director, or clinic director concurrently operates an unlicensed clinic shall be subject to an administrative fine of $5,000 per day.

(7)  Any clinic whose owner fails to apply for a change-of-ownership license in accordance with s. 400.992 and operates the clinic under the new ownership is subject to a fine of $5,000.

(8)  The agency, as an alternative to or in conjunction with an administrative action against a clinic for violations of this part and adopted rules, shall make a reasonable attempt to discuss each violation and recommended corrective action with the owner, medical director, or clinic director of the clinic, prior to written notification. The agency, instead of fixing a period within which the clinic shall enter into compliance with standards, may request a plan of corrective action from the clinic which demonstrates a good faith effort to remedy each violation by a specific date, subject to the approval of the agency.

(9)  Administrative fines paid by any clinic under this section shall be deposited into the Health Care Trust Fund.

(10)  If the agency issues a notice of intent to deny a license application after a temporary license has been issued pursuant to s. 400.991(3), the temporary license shall expire on the date of the notice and may not be extended during any proceeding for administrative or judicial review pursuant to chapter 120.

History.--s. 4, ch. 2003-411; s. 18, ch. 2004-298; s. 30, ch. 2004-350.