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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 393
DEVELOPMENTAL DISABILITIES
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F.S. 393.0673
393.0673 Denial, suspension, or revocation of license; moratorium on admissions; administrative fines; procedures.
(1) The following constitute grounds for which the agency may take disciplinary action, including revoking or suspending a license and imposing an administrative fine, not to exceed $1,000 per violation per day:
(a) The licensee has:
1. Falsely represented or omitted a material fact in its license application submitted under s. 393.067;
2. Had prior action taken against it under the Medicaid or Medicare program; or
3. Failed to comply with the applicable requirements of this chapter or rules applicable to the licensee; or
(b) The Department of Children and Families has verified that the licensee is responsible for the abuse, neglect, or abandonment of a child or the abuse, neglect, or exploitation of a vulnerable adult.
(2) For purposes of disciplinary action under this section for verified findings of abuse, neglect, abandonment, or exploitation of a child or vulnerable adult, the licensee is responsible not only for administration of the facilities in compliance with the standards provided by statute and administrative rule, but is ultimately responsible for the care and supervision of the clients in the facility or the participants of the program.
(a) A licensee may not delegate to others the ultimate responsibility for the safety of the clients in its care.
(b) A licensee is subject to disciplinary action for an employee’s lapse in care or supervision of the clients at the facility or the participants of the program in which a verified finding of abuse, neglect, abandonment, or exploitation occurred.
(c) Remedial action taken by the licensee does not affect the agency’s ability to impose disciplinary action for the underlying violation.
(3) The agency may deny an application for licensure submitted under s. 393.067 if:
(a) The applicant has:
1. Falsely represented or omitted a material fact in its license application submitted under s. 393.067;
2. Had prior action taken against it under the Medicaid or Medicare program;
3. Failed to comply with the applicable requirements of this chapter or rules applicable to the applicant; or
4. Previously had a license to operate a residential facility or adult day training program revoked by the agency, the Department of Children and Families, or the Agency for Health Care Administration;
(b) The Department of Children and Families has verified that the applicant is responsible for the abuse, neglect, or abandonment of a child or the abuse, neglect, or exploitation of a vulnerable adult; or
(c) The agency has determined that there is clear and convincing evidence that the applicant is unqualified for a license because of a lack of good moral character. For purposes of this paragraph, the term “good moral character” means a personal history of honesty, fairness, and respect for the rights of others and for the laws of this state and the Federal Government.
(4) All hearings must be held within the county in which the licensee or applicant operates or applies for a license to operate a facility or adult day training program as defined herein.
(5) The agency, as a part of any final order issued by it under this chapter, may impose such fine as it deems proper, except that such fine may not exceed $1,000 for each violation. Each day a violation of this chapter occurs constitutes a separate violation and is subject to a separate fine, but in no event may the aggregate amount of any fine exceed $10,000. Fines paid by any facility licensee under this subsection shall be deposited in the Health Care Trust Fund and expended as provided in s. 400.063.
(6) The agency may issue an order immediately suspending or revoking a license when it determines that any condition of the facility or adult day training program presents a danger to the health, safety, or welfare of the residents in the facility or the program participants.
(7) The agency may impose an immediate moratorium on admissions to any facility or service authorizations to a facility or adult day training program when the agency determines that any condition of the facility or adult day training program presents a threat to the health, safety, or welfare of the residents in the facility or the program participants.
(8) The agency shall establish by rule criteria for evaluating the severity of violations and for determining the amount of fines imposed.
History.s. 11, ch. 83-230; s. 8, ch. 85-54; s. 40, ch. 93-217; s. 85, ch. 99-8; s. 5, ch. 99-144; s. 102, ch. 2004-267; s. 20, ch. 2006-227; s. 7, ch. 2008-9; s. 7, ch. 2008-244; s. 73, ch. 2014-19; s. 7, ch. 2023-273.