The Florida Senate

400.993  Unlicensed clinics; penalties; fines; verification of licensure status.--

(1)  It is unlawful to own, operate, or maintain a clinic without obtaining a license under this part.

(2)  Any person who owns, operates, or maintains an unlicensed clinic commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 Each day of continued operation is a separate offense.

(3)  Any person found guilty of violating subsection (2) a second or subsequent time commits a felony of the second degree, punishable as provided under s. 775.082, s. 775.083, or s. 775.084 Each day of continued operation is a separate offense.

(4)  Any person who owns, operates, or maintains an unlicensed clinic due to a change in this part or a modification in agency rules within 6 months after the effective date of such change or modification and who, within 10 working days after receiving notification from the agency, fails to cease operation or apply for a license under this part commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 Each day of continued operation is a separate offense.

(5)  Any clinic that fails to cease operation after agency notification may be fined for each day of noncompliance pursuant to this part.

(6)  When a person has an interest in more than one clinic, and fails to obtain a license for any one of these clinics, the agency may revoke the license, impose a moratorium, or impose a fine pursuant to this part on any or all of the licensed clinics until such time as the unlicensed clinic is licensed or ceases operation.

(7)  Any person aware of the operation of an unlicensed clinic must report that facility to the agency.

(8)  Any health care provider who is aware of the operation of an unlicensed clinic shall report that facility to the agency. Failure to report a clinic that the provider knows or has reasonable cause to suspect is unlicensed shall be reported to the provider's licensing board.

(9)  The agency may not issue a license to a clinic that has any unpaid fines assessed under this part.

History.--s. 4, ch. 2003-411.