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The Florida Senate

2018 Florida Statutes

Title XXIX PUBLIC HEALTH
Chapter 400 NURSING HOMES AND RELATED HEALTH CARE FACILITIES Entire Chapter
SECTION 484
Right of inspection; violations; fines.
F.S. 400.484
400.484 Right of inspection; violations; fines.—
(1) In addition to the requirements of s. 408.811, the agency may make such inspections and investigations as are necessary in order to determine the state of compliance with this part, part II of chapter 408, and applicable rules.
(2) The agency shall impose fines for various classes of violations in accordance with the following schedule:
(a) Class I violations are as provided in s. 408.813. Upon finding a class I violation, the agency shall impose an administrative fine in the amount of $15,000 for each occurrence and each day that the violation exists.
(b) Class II violations are as provided in s. 408.813. Upon finding a class II violation, the agency shall impose an administrative fine in the amount of $5,000 for each occurrence and each day that the violation exists.
(c) Class III violations are as provided in s. 408.813. Upon finding an uncorrected or repeated class III violation, the agency shall impose an administrative fine not to exceed $1,000 for each occurrence and each day that the uncorrected or repeated violation exists.
(d) Class IV violations are as provided in s. 408.813. These violations are of a type that the agency determines do not threaten the health, safety, or security of patients. Upon finding an uncorrected or repeated class IV violation, the agency shall impose an administrative fine not to exceed $500 for each occurrence and each day that the uncorrected or repeated violation exists.
(3) In addition to any other penalties imposed pursuant to this section or part, the agency may assess costs related to an investigation that results in a successful prosecution, excluding costs associated with an attorney’s time.
History.—s. 45, ch. 75-233; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 8, 23, ch. 93-214; s. 5, ch. 99-332; s. 158, ch. 2000-318; s. 77, ch. 2007-230; s. 6, ch. 2008-246; s. 50, ch. 2018-24.