Section 400.5565, Florida Statutes 2004
400.5565 Administrative fines; interest.--
(1)(a) If the agency determines that an adult day care center is not operated in compliance with this part or with rules adopted under this part, the agency, notwithstanding any other administrative action it takes, shall make a reasonable attempt to discuss with the owner each violation and recommended corrective action prior to providing the owner with written notification. The agency may request the submission of a corrective action plan for the center which demonstrates a good faith effort to remedy each violation by a specific date, subject to the approval of the agency.
(b) The owner of a center or its operator or employee found in violation of this part or of rules adopted under this part may be fined by the agency. A fine may not exceed $500 for each violation. In no event, however, may such fines in the aggregate exceed $5,000.
(c) The failure to correct a violation by the date set by the agency, or the failure to comply with an approved corrective action plan, is a separate violation for each day such failure continues, unless the agency approves an extension to a specific date.
(d) If the owner of a center or its operator or employee appeals an agency action under this section and the fine is upheld, the violator shall pay the fine, plus interest at the legal rate specified in s. 687.01 for each day that the fine remains unpaid after the date set by the agency for payment of the fine.
(2) In determining whether to impose a fine and in fixing the amount of any fine, the agency shall consider the following factors:
(a) The gravity of the violation, including the probability that death or serious physical or emotional harm to a participant will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated.
(b) Actions taken by the owner or operator to correct violations.
(c) Any previous violations.
(d) The financial benefit to the center of committing or continuing the violation.
History.--ss. 64, 83, ch. 83-181; ss. 8, 17, ch. 93-215.