400.102  Action by agency against licensee; grounds.--

(1)  Any of the following conditions shall be grounds for action by the agency against a licensee:

(a)  An intentional or negligent act materially affecting the health or safety of residents of the facility;

(b)  Misappropriation or conversion of the property of a resident of the facility;

(c)  Failure to follow the criteria and procedures provided under part I of chapter 394 relating to the transportation, voluntary admission, and involuntary examination of a nursing home resident;

(d)  Violation of provisions of this part or rules adopted under this part;

(e)  Fraudulent altering, defacing, or falsifying any medical or nursing home records, or causing or procuring any of these offenses to be committed; or

(f)  Any act constituting a ground upon which application for a license may be denied.

(2)  If the agency has reasonable belief that any of such conditions exist, it shall take the following action:

(a)  In the case of an applicant for original licensure, denial action as provided in s. 400.121.

(b)  In the case of an applicant for relicensure or a current licensee, administrative action as provided in s. 400.121 or injunctive action as authorized by s. 400.125.

(c)  In the case of a facility operating without a license, injunctive action as authorized in s. 400.125.