The Florida Senate

400.414  Denial, revocation, or suspension of license; imposition of administrative fine; grounds.--

(1)  The agency may deny, revoke, or suspend a license issued under this part or impose an administrative fine in the manner provided in chapter 120. At the chapter 120 hearing, the agency shall prove by a preponderance of the evidence that its actions are warranted.

(2)  Any of the following actions by a facility or its employee shall be grounds for action by the agency against a licensee:

(a)  An intentional or negligent act seriously affecting the health, safety, or welfare of a resident of the facility.

(b)  The determination by the agency that the facility owner or administrator is not of suitable character or competency, or that the owner lacks the financial ability, to provide continuing adequate care to residents, pursuant to the information obtained through s. 400.411, s. 400.417, or s. 400.434.

(c)  Misappropriation or conversion of the property of a resident of the facility.

(d)  Failure to follow the criteria and procedures provided under part I of chapter 394 relating to the transportation, voluntary admission, and involuntary examination of a facility resident.

(e)  Five or more repeated or recurring identical or similar class III violations of this part which were identified by the agency during the last biennial inspection, monitoring visit, or complaint investigation and which, in the aggregate, affect the health, safety, or welfare of the facility residents.

(f)  A confirmed report of adult abuse, neglect, or exploitation, as defined in s. 415.102, which has been upheld following a chapter 120 hearing or a waiver of such proceedings where the perpetrator is an employee, volunteer, administrator, or owner, or otherwise has access to the residents of a facility, and the administrator has not taken action to remove the perpetrator. Exemptions from disqualification may be granted as set forth in s. 435.07. No administrative action may be taken against the facility if the perpetrator is granted an exemption.

(g)  Violation of a moratorium.

(h)  Failure of the licensee during relicensure, or failure of a licensee that holds an initial or change of ownership license, to meet minimum license standards or the requirements of rules adopted under this part.

(i)  A fraudulent statement on an application for a license or any other document required by the agency that is signed and notarized.

(j)  An intentional or negligent life-threatening act in violation of the uniform firesafety standards for assisted living facilities or other firesafety standards established by the State Fire Marshal, that threatens the health, safety, or welfare of a resident of a facility, as communicated to the agency by the State Fire Marshal, a local fire marshal, or other authority having jurisdiction.

(3)  Proceedings brought under paragraphs (2)(a), (c), (e), and (j) shall not be subject to de novo review.

(4)  Upon notification by the State Fire Marshal, local fire marshal, or other authority having jurisdiction, the agency may deny or revoke the license of a facility that fails to correct cited fire code violations issued by the State Fire Marshal, a local fire marshal, or other authority having jurisdiction, that affect or threaten the health, safety, or welfare of a resident of a facility.

(5)  The agency may deny a license to an applicant who owns 25 percent or more of, or operates, a facility which, during the 5 years prior to the application for a license, has had a license denied, suspended, or revoked pursuant to subsection (2), or, during the 2 years prior to the application for a license, has had a moratorium imposed on admissions, has had an injunctive proceeding initiated against it, has had a receiver appointed, was closed due to financial inability to operate, or has an outstanding fine assessed under this part.

(6)  An action taken by the agency to suspend, deny, or revoke a facility's license under this part, in which the agency claims that the facility owner or an employee of the facility has threatened the health, safety, or welfare of a resident of the facility, shall, upon receipt of the facility's request for a hearing, be heard by the Division of Administrative Hearings of the Department of Management Services within 120 days after the request for a hearing, unless that time period is waived by both parties. The administrative law judge must render a decision within 30 days after the hearing.

(7)  The agency shall provide to the Division of Hotels and Restaurants of the Department of Business and Professional Regulation, on a monthly basis, a list of those facilities which have had their licenses denied, suspended, or revoked or which are involved in an appellate proceeding pursuant to s. 120.60 related to the denial, suspension, or revocation of a license.

History.--s. 8, ch. 75-233; ss. 12, 18, ch. 80-198; s. 2, ch. 81-318; ss. 46, 79, 83, ch. 83-181; s. 8, ch. 87-371; s. 13, ch. 89-294; s. 30, ch. 91-71; s. 46, ch. 92-58; ss. 8, 38, 39, ch. 93-216; s. 50, ch. 94-218; s. 39, ch. 95-228; s. 7, ch. 95-418; s. 38, ch. 96-169; s. 126, ch. 96-410.