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The Florida Senate

2006 Florida Statutes

Section 400.102, Florida Statutes 2006

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

History.--s. 8, ch. 70-361; s. 1, ch. 70-439; s. 3, ch. 76-168; s. 237, ch. 77-147; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 13, 79, 83, ch. 83-181; s. 30, ch. 93-177; ss. 12, 49, ch. 93-217; s. 35, ch. 96-169; s. 16, ch. 2001-45.