Florida Regulations 65D-30.0038: Violations; Imposition of Administrative Fines; Grounds
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(1) The Department shall classify violations of chapter 397, F.S. and chapter 65D-30, F.A.C. in accordance with sections 397.410(2) and 397.411(7), F.S. Violations shall be classified on the written notice as follows:
(a) A class I violation is subject to an administrative fine of $400 for an isolated deficiency, $600 for a patterned deficiency, and $800 for a widespread deficiency.
(b) A class II violation is subject to an administrative fine of $300 for an isolated deficiency, $500 for a patterned deficiency, and $700 for a widespread deficiency.
(c) A class III violation is subject to an administrative fine of $200 for an isolated deficiency, $400 for a patterned deficiency, and $600 for a widespread deficiency.
(d) A class IV violation is subject to an administrative fine of $100 for an isolated, patterned, or widespread deficiency.
(2) The Department shall impose an administrative fine for the following unclassified violations. The amount of the administrative fine shall be $100 for each violation per day, beginning on the day the violation was identified by the Department.
(a) Failure to submit required incident reports;
(b) Failing to inform the Department of a change in ownership within the specified timeframe in accordance with Fl. Admin. Code R. 65D-30.0034; and
(c) Unclassified violations outlined in section 397.415(1)(a)2, F.S
(3) Administrative fines for Class III and IV violations will not be assessed if the violations are corrected within the time specified in the corrective action plan (CAP). When the violation is not corrected by the date specified in the CAP, the fine shall be assessed.
(4) The facility must submit a written CAP to the Department within seven calendar days from the date of receipt of the inspection. The CAP must be signed by the executive director or designee of the provider.
(a) The CAP shall include the following:
1. Identify the violation;
2. The actions the facility will take to correct each of the violations identified;
3. The date by which the violation shall be corrected; and
4. The actions the facility will take to ensure the violation identified does not occur again.
(b) Unless a date is directed or extended by the Department, the date to resolve the violation shall not exceed 30 days from the inspection completion date.
(5) The Department will reject any proposed corrective action plan that fails to identify all the information described in subsection (4) of this rule or reflects a plan of action that does not address the violation(s). If the Department rejects a proposed corrective action plan, the Department shall notify the provider in writing of the reasons for rejection and require the provider to submit an amended corrective action plan addressing the deficiency or deficiencies within five calendar days of receipt of the Department’s notice rejecting the corrective action plan. Failure to submit a CAP that is sufficient for Department approval within 30 days of the inspection completion date shall be considered an unclassified violation and be subject to administrative fines as described in subsection (2) of this rule.
(6) The Department may deny, suspend, or revoke a license pursuant to s. 397.415, F.S. A license will not be renewed if a licensee has not paid all previously owed fines to the Department.
Rulemaking Authority Florida Statutes § 397.321(5), 397.410(2) FS. Law Implemented 397.410, 397.411 397.415, 397.4104, 397.4873 FS. History-New 8-29-19, Amended 9-4-23.
(b) A class II violation is subject to an administrative fine of $300 for an isolated deficiency, $500 for a patterned deficiency, and $700 for a widespread deficiency.
(c) A class III violation is subject to an administrative fine of $200 for an isolated deficiency, $400 for a patterned deficiency, and $600 for a widespread deficiency.
(d) A class IV violation is subject to an administrative fine of $100 for an isolated, patterned, or widespread deficiency.
(2) The Department shall impose an administrative fine for the following unclassified violations. The amount of the administrative fine shall be $100 for each violation per day, beginning on the day the violation was identified by the Department.
(a) Failure to submit required incident reports;
(b) Failing to inform the Department of a change in ownership within the specified timeframe in accordance with Fl. Admin. Code R. 65D-30.0034; and
(c) Unclassified violations outlined in section 397.415(1)(a)2, F.S
(3) Administrative fines for Class III and IV violations will not be assessed if the violations are corrected within the time specified in the corrective action plan (CAP). When the violation is not corrected by the date specified in the CAP, the fine shall be assessed.
(4) The facility must submit a written CAP to the Department within seven calendar days from the date of receipt of the inspection. The CAP must be signed by the executive director or designee of the provider.
(a) The CAP shall include the following:
1. Identify the violation;
2. The actions the facility will take to correct each of the violations identified;
3. The date by which the violation shall be corrected; and
4. The actions the facility will take to ensure the violation identified does not occur again.
(b) Unless a date is directed or extended by the Department, the date to resolve the violation shall not exceed 30 days from the inspection completion date.
(5) The Department will reject any proposed corrective action plan that fails to identify all the information described in subsection (4) of this rule or reflects a plan of action that does not address the violation(s). If the Department rejects a proposed corrective action plan, the Department shall notify the provider in writing of the reasons for rejection and require the provider to submit an amended corrective action plan addressing the deficiency or deficiencies within five calendar days of receipt of the Department’s notice rejecting the corrective action plan. Failure to submit a CAP that is sufficient for Department approval within 30 days of the inspection completion date shall be considered an unclassified violation and be subject to administrative fines as described in subsection (2) of this rule.
(6) The Department may deny, suspend, or revoke a license pursuant to s. 397.415, F.S. A license will not be renewed if a licensee has not paid all previously owed fines to the Department.
Rulemaking Authority Florida Statutes § 397.321(5), 397.410(2) FS. Law Implemented 397.410, 397.411 397.415, 397.4104, 397.4873 FS. History-New 8-29-19, Amended 9-4-23.