October 22, 2018
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The Florida Statutes

The 2008 Florida Statutes

Title XXIX
Chapter 408
View Entire Chapter
Section 408.815, Florida Statutes 2008

408.815  License or application denial; revocation.--

(1)  In addition to the grounds provided in authorizing statutes, grounds that may be used by the agency for denying and revoking a license or change of ownership application include any of the following actions by a controlling interest:

(a)  False representation of a material fact in the license application or omission of any material fact from the application.

(b)  An intentional or negligent act materially affecting the health or safety of a client of the provider.

(c)  A violation of this part, authorizing statutes, or applicable rules.

(d)  A demonstrated pattern of deficient performance.

(e)  The applicant, licensee, or controlling interest has been or is currently excluded, suspended, or terminated from participation in the state Medicaid program, the Medicaid program of any other state, or the Medicare program.

(2)  If a licensee lawfully continues to operate while a denial or revocation is pending in litigation, the licensee must continue to meet all other requirements of this part, authorizing statutes, and applicable rules and must file subsequent renewal applications for licensure and pay all licensure fees. The provisions of ss. 120.60(1) and 408.806(3)(c) shall not apply to renewal applications filed during the time period in which the litigation of the denial or revocation is pending until that litigation is final.

(3)  An action under s. 408.814 or denial of the license of the transferor may be grounds for denial of a change of ownership application of the transferee.

History.--s. 5, ch. 2006-192.

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