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The Florida Senate

2012 Florida Statutes

Title XXIX PUBLIC HEALTH
Chapter 393 DEVELOPMENTAL DISABILITIES Entire Chapter
SECTION 0673
Denial, suspension, or revocation of license; moratorium on admissions; administrative fines; procedures.
F.S. 393.0673
393.0673 Denial, suspension, or revocation of license; moratorium on admissions; administrative fines; procedures.—
(1) The agency may revoke or suspend a license or impose an administrative fine, not to exceed $1,000 per violation per day, if:
(a) The licensee has:
1. Falsely represented or omitted a material fact in its license application submitted under s. 393.067;
2. Had prior action taken against it under the Medicaid or Medicare program; or
3. Failed to comply with the applicable requirements of this chapter or rules applicable to the licensee; or
(b) The Department of Children and Family Services has verified that the licensee is responsible for the abuse, neglect, or abandonment of a child or the abuse, neglect, or exploitation of a vulnerable adult.
(2) The agency may deny an application for licensure submitted under s. 393.067 if:
(a) The applicant has:
1. Falsely represented or omitted a material fact in its license application submitted under s. 393.067;
2. Had prior action taken against it under the Medicaid or Medicare program;
3. Failed to comply with the applicable requirements of this chapter or rules applicable to the applicant; or
4. Previously had a license to operate a residential facility revoked by the agency, the Department of Children and Family Services, or the Agency for Health Care Administration; or
(b) The Department of Children and Family Services has verified that the applicant is responsible for the abuse, neglect, or abandonment of a child or the abuse, neglect, or exploitation of a vulnerable adult.
(3) All hearings shall be held within the county in which the licensee or applicant operates or applies for a license to operate a facility as defined herein.
(4) The agency, as a part of any final order issued by it under this chapter, may impose such fine as it deems proper, except that such fine may not exceed $1,000 for each violation. Each day a violation of this chapter occurs constitutes a separate violation and is subject to a separate fine, but in no event may the aggregate amount of any fine exceed $10,000. Fines paid by any facility licensee under the provisions of this subsection shall be deposited in the Health Care Trust Fund and expended as provided in s. 400.063.
(5) The agency may issue an order immediately suspending or revoking a license when it determines that any condition in the facility presents a danger to the health, safety, or welfare of the residents in the facility.
(6) The agency may impose an immediate moratorium on admissions to any facility when the agency determines that any condition in the facility presents a threat to the health, safety, or welfare of the residents in the facility.
(7) The agency shall establish by rule criteria for evaluating the severity of violations and for determining the amount of fines imposed.
History.—s. 11, ch. 83-230; s. 8, ch. 85-54; s. 40, ch. 93-217; s. 85, ch. 99-8; s. 5, ch. 99-144; s. 102, ch. 2004-267; s. 20, ch. 2006-227; s. 7, ch. 2008-9; s. 7, ch. 2008-244.