The Florida Senate

483.221  Administrative penalties.--

(1)(a)  The agency may deny, suspend, revoke, annul, limit, or deny renewal of a license or impose an administrative fine, not to exceed $1,000 per violation, for the violation of any provision of this part or rules adopted under this part. Each day of violation constitutes a separate violation and is subject to a separate fine.

(b)  In determining the penalty to be imposed for a violation, as provided in paragraph (a), the following factors must be considered:

1.  The severity of the violation, including the probability that death or serious harm to the health or safety of any person will result or has resulted; the severity of the actual or potential harm; and the extent to which the provisions of this part were violated.

2.  Actions taken by the licensee to correct the violation or to remedy complaints.

3.  Any previous violation by the licensee.

4.  The financial benefit to the licensee of committing or continuing the violation.

(c)  All amounts collected under this section must be deposited into the Health Care Trust Fund administered by the agency.

(2)  The agency may issue an emergency order immediately suspending, revoking, annulling, or limiting a license if it determines that any condition in the licensed facility presents a clear and present danger to public health or safety.

History.--ss. 21, 30, ch. 83-276; s. 19, ch. 93-40; ss. 15, 25, ch. 93-178.