January 27, 2021
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The Florida Statutes

The 2004 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES
View Entire Chapter
Section 400.908, Florida Statutes 2004

400.908  Administrative fines; disposition of fees and fines.--

(1)(a)  If the agency determines that a PPEC center is being operated without a license or is otherwise not in compliance with rules adopted under this part, the agency, notwithstanding any other administrative action it takes, shall make a reasonable attempt to discuss each violation and recommended corrective action with the owner of the PPEC center prior to written notification thereof. The agency may request that the PPEC center submit a corrective action plan which demonstrates a good faith effort to remedy each violation by a specific date, subject to the approval of the agency.

(b)  The agency may fine a PPEC center or employee found in violation of rules adopted pursuant to this part in an amount not to exceed $500 for each violation. Such fine may not exceed $5,000 in the aggregate.

(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 a PPEC center desires to appeal any 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 beyond the date set by the agency for payment of the fine.

(2)  In determining if a fine is to be imposed 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 child 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 PPEC center of committing or continuing the violation.

(3)  Fees and fines received by the agency under this part shall be deposited in the Health Care Trust Fund created in s. 408.16.

History.--ss. 8, 17, ch. 87-290; s. 58, ch. 91-221; ss. 6, 14, ch. 93-66; s. 171, ch. 98-166; s. 19, ch. 98-288.

Note.--Former s. 391.208.

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