The Florida Senate

383.33  Administrative penalties; emergency orders; moratorium on admissions.--

(1)(a)  The agency may deny, revoke, or suspend a license, or impose an administrative fine not to exceed $500 per violation per day, for the violation of any provision of ss. 383.30-383.335 or any rule adopted under ss. 383.30-383.335. Each day of violation constitutes a separate violation and is subject to a separate fine.

(b)  In determining the amount of the fine to be levied for a violation, as provided in paragraph (a), the following factors shall 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 ss. 383.30-383.335 were violated.

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

3.  Any previous violations by the licensee.

(c)  All amounts collected pursuant to this section shall be deposited into a trust fund administered by the agency to be used for the sole purpose of carrying out the provisions of ss. 383.30-383.335.

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

(3)  The agency may impose an immediate moratorium on elective admissions to any licensed facility, building or portion thereof, or service when the agency determines that any condition in the facility presents a threat to the public health or safety.

History.--ss. 26, 27, ch. 84-283; s. 4, ch. 91-429; s. 19, ch. 98-171.