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The Florida Senate

1997 Florida Statutes

SECTION 305
Licensure; issuance, renewal, denial, suspension, revocation; fees.

383.305  Licensure; issuance, renewal, denial, suspension, revocation; fees.--

(1)

(a)  Upon receipt of an application for a license and the license fee, the department shall issue a license if the applicant and facility have received all approvals required by law and meet the requirements established under ss. 383.30-383.335 and by rules promulgated hereunder.

(b)  A provisional license may be issued to any birth center that is in substantial compliance with ss. 383.30-383.335 and with the rules of the department. A provisional license may be granted for a period of no more than 1 year from the effective date of rules adopted by the department, shall expire automatically at the end of its term, and may not be renewed.

(c)  A license, unless sooner suspended or revoked, automatically expires 1 year from its date of issuance and is renewable upon application for renewal and payment of the fee prescribed, provided the applicant and the birth center meet the requirements established under ss. 383.30-383.335 and by rules promulgated hereunder. A complete application for renewal of a license shall be made 90 days prior to expiration of the license on forms provided by the department.

(2)  An application for a license, or renewal thereof, shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with applicable laws and rules.

(3)

(a)  Each application for a birth center license, or renewal thereof, shall be accompanied by a license fee. Fees shall be established by rule of the department. Such fees are payable to the department and shall be deposited in a trust fund administered by the department, to be used for the sole purpose of carrying out the provisions of ss. 383.30-383.335.

(b)  The fees established pursuant to ss. 383.30-383.335 shall be based on actual costs incurred by the department in the administration of its duties under such sections.

(4)  Each license is valid only for the person or governmental unit to whom or which it is issued; is not subject to sale, assignment, or other transfer, voluntary or involuntary; and is not valid for any premises other than those for which it was originally issued.

(5)  Each license shall be posted in a conspicuous place on the licensed premises.

(6)  Whenever the department finds that there has been a substantial failure to comply with the requirements established under ss. 383.30-383.335 or in rules promulgated hereunder, it is authorized to deny, suspend, or revoke a license.

History.--ss. 5, 6, 27, ch. 84-283; s. 4, ch. 91-429.