59E-2.024. Violation of Chapter 408 F.S. or Board Rules  


Effective on Monday, June 01, 1992
  • 1(1) Failure to comply with the requirements of Chapter 408, F.S., or the requirements of Agency rules is punishable by a fine not to exceed $1,000 per day. Each day that a report, document or assessment payment is late or each day of such other violation is considered a separate offense for which an administrative fine will be assessed.

    61(2) Entities subject to the Agency’s jurisdiction are responsible for knowledge of and compliance with applicable rules and statutes.

    80(3) Violations which may occur include but are not limited to:

    91(a) Failure to file a report or document on or before the due date. This violation includes submission of a report or document which does not contain all required information or does not meet format requirements;

    127(b) Failure to correct a report or document which has been filed but contains errors or deficiencies;

    144(c) Failure to file a report or document. This violation occurs when the report or document is not submitted within one year of its original due date or when a report or document is submitted but it does not contain all required information or does not meet format requirements;

    193(d) Knowingly submitting a false report or document;

    201(e) Failure to pay an assessment due pursuant to Section 408.04, F.S.

    213(4) The Agency shall impose a fine of $5,000 against the chief executive officer of a hospital or any person who is in charge of hospital administration or operations who has knowingly and willfully allowed or authorized actual operating revenues or expenditures in excess of projected operating revenues or expenditures of the hospital’s approved budget.

    269(5) Prior to seeking to impose an administrative fine against an entity for the violations described in paragraphs (3)(a) and (b) above, the Agency will send a notice of violation to the entity by certified mail, return receipt requested. If the entity corrects the violation within 10 working days of receipt of the notice, no violation will be deemed to have occurred and no administrative fine will be sought or imposed. If the entity does not correct the violation within that time, it shall be subject to imposition of an administrative fine which will be calculated from the original due date of the report or document.

    375(6) Prior to seeking to impose an administrative fine against an entity for the violation described in paragraphs (3)(c) above, the agency will send a notice of violation to the entity by certified mail, return receipt requested. If the entity corrects the violation within 10 working days of receipt of the notice, no violation will be deemed to have occurred and no administrative fine will be sought or imposed. If the entity does not correct the violation within that time, it shall be subject to imposition of an administrative fine which will be calculated from the date of the entity’s receipt of the notice of violation.

    481Rulemaking Authority 483408.15 FS. 485Law Implemented 487408.08 FS. 489History–New 6-1-92, Formerly 10N-2.024.