Florida Statutes 397.415 – Denial, suspension, and revocation; other remedies
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(1) If the department determines that an applicant or licensed service provider or licensed service component thereof is not in compliance with all statutory and regulatory requirements, the department may deny, suspend, revoke, or impose reasonable restrictions or penalties on the license or any portion of the license. In such case:
(a) The department may:
1. Impose an administrative fine for a violation that is designated as a class I, class II, class III, or class IV violation pursuant to s. 397.411.
2. Impose an administrative fine for a violation that is not designated as a class I, class II, class III, or class IV violation pursuant to s. 397.411. Unless otherwise specified by law, the amount of the fine may not exceed $500 for each violation. Unclassified violations may include:
a. Violating any term or condition of a license.
b. Violating any provision of this chapter or applicable rules.
c. Providing services beyond the scope of the license.
d. Violating a moratorium imposed pursuant to this section.
3. Establish criteria by rule for the amount or aggregate limitation of administrative fines applicable to this chapter and applicable rules, unless the amount or aggregate limitation of the fine is prescribed by statute. Each day of violation constitutes a separate violation and is subject to a separate fine. For fines imposed by final order of the department and not subject to further appeal, the violator shall pay the fine plus interest at the rate specified in s. 55.03 for each day beyond the date set by the department for payment of the fine. If a violator does not pay the fine plus any applicable interest within 60 days after the date set by the department, the department shall immediately suspend the violator’s license.
Terms Used In Florida Statutes 397.415
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- component: means a discrete operational entity within a service provider which is subject to licensing as defined by rule. See Florida Statutes 397.311
- Court: means the court of legal jurisdiction in the context in which the term is used in this chapter. See Florida Statutes 397.311
- Department: means the Department of Children and Families. See Florida Statutes 397.311
- Individual: means a person who receives alcohol or other drug abuse treatment services delivered by a service provider. See Florida Statutes 397.311
- Licensed service provider: means a public agency under this chapter, a private for-profit or not-for-profit agency under this chapter, a physician or any other private practitioner licensed under this chapter, or a hospital that offers substance abuse services through one or more licensed service components. See Florida Statutes 397.311
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- personnel: includes all owners, directors, chief financial officers, staff, and volunteers, including foster parents, of a service provider. See Florida Statutes 397.311
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- provider: means a public agency, a private for-profit or not-for-profit agency, a person who is a private practitioner, or a hospital licensed under this chapter or exempt from licensure under this chapter. See Florida Statutes 397.311
- Screening: means the gathering of initial information to be used in determining a person's need for assessment, services, or referral. See Florida Statutes 397.311
- Statute: A law passed by a legislature.
(b) The department may require a corrective action plan approved by the department for any violation of this part or applicable rules.
(c) The department may impose an immediate moratorium or emergency suspension as defined in s. 120.60 on admissions to any service component of a licensed service provider if the department determines that conditions present a threat to the health, safety, or welfare of an individual or the public. Notice of the moratorium or emergency suspension shall be posted and visible to the public at the location of the provider until the action is lifted.
(d) The department may deny, suspend, or revoke the license of a service provider or may suspend or revoke the license as to the operation of any service component or location identified on the license for:
1. False representation of a material fact in the license application or omission of any material fact from the application.
2. An intentional or negligent act materially affecting the health or safety of an individual receiving services from the provider.
3. A violation of this chapter or applicable rules.
4. A demonstrated pattern of deficient performance.
5. Failure to immediately remove service provider personnel subject to background screening pursuant to s. 397.4073 who are arrested or found guilty of, regardless of adjudication, or have entered a plea of nolo contendere or guilty to any offense prohibited under the screening standard and notify the department within 2 days after such removal, excluding weekends and holidays.
(2) If a provider’s license is revoked, the service provider is barred from submitting any application for licensure of the affected facility or service component to the department for a period of 1 year after the revocation. If the provider’s license is revoked as to any service component or location identified on the license, the provider is barred from applying for licensure of the affected service component or location for 1 year after the revocation.
(3) Proceedings for the denial, suspension, or revocation of a service provider’s license must be conducted in accordance with chapter 120.
(4) The department may maintain an action in court to enjoin the operation of any licensed or unlicensed provider, service component, or location in violation of this chapter or the rules adopted under this chapter.