The Florida Senate

400.801  Homes for special services.--

(1)  As used in this section, the term:

(a)  "Agency" means the "Agency for Health Care Administration."

(b)  "Home for special services" means a site where specialized health care services are provided, including personal and custodial care, but not continuous nursing services.

(2)  A person must obtain a license from the agency to operate a home for special services. A license is valid for 1 year.

(3)  The application for a license under this section must be made on a form provided by the agency. A nonrefundable license fee of not more than $1,000 must be submitted with the license application.

(4)  Application for license renewal must be submitted 90 days before the expiration of the license.

(5)  A change of ownership or control of a home for special services must be reported to the agency in writing at least 60 days before the change is scheduled to take effect.

(6)  The agency shall adopt rules for implementing and enforcing this section.

(7)

(a)  It is unlawful for any person to establish, conduct, manage, or operate a home for special services without obtaining a license from the agency.

(b)  It is unlawful for any person to offer or advertise to the public, in any medium whatever, specialized health care services without obtaining a license from the agency.

(c)  It is unlawful for a holder of a license issued under this section to advertise or represent to the public that it holds a license for a type of facility other than the facility for which its license is issued.

(8)

(a)  A violation of any provision of this section or rules adopted by the agency for implementing this section is punishable by payment of an administrative fine not to exceed $5,000.

(b)  A violation of subsection (7) or rules adopted under that subsection is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Each day of continuing violation is a separate offense.

History.--s. 35, ch. 93-217.