The Florida Senate

400.556  Denial, suspension, revocation of license; administrative fines; investigations and inspections.--

(1)  The agency may deny, revoke, or suspend a license under this part or may impose an administrative fine against the owner of an adult day care center or its operator or employee in the manner provided in chapter 120.

(2)  Each of the following actions by the owner of an adult day care center or by its operator or employee is a ground for action by the agency against the owner of the center or its operator or employee:

(a)  An intentional or negligent act materially affecting the health or safety of center participants.

(b)  A violation of this part or of any standard or rule under this part.

(c)  A failure of persons subject to level 2 background screening under s. 400.4174(1) to meet the screening standards of s. 435.04, or the retention by the center of an employee subject to level 1 background screening standards under s. 400.4174(2) who does not meet the screening standards of s. 435.03 and for whom exemptions from disqualification have not been provided by the agency.

(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 center participants.

(e)  Multiple or repeated violations of this part or of any standard or rule adopted under this part.

(f)  Exclusion, permanent suspension, or termination of the owner, if an individual, officer, or board member of the adult day care center, if the owner is a firm, corporation, partnership, or association, or any person owning 5 percent or more of the center, from the Medicare or Medicaid program.

(3)  The agency is responsible for all investigations and inspections conducted pursuant to this part.

History.--s. 7, ch. 78-336; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 7, 17, ch. 93-215; s. 40, ch. 96-169; s. 51, ch. 98-171; s. 143, ch. 98-403; s. 16, ch. 2004-267.