65G-2.0041. License Violations - Disciplinary Actions

(1) DETERMINATION OF DISCIPLINARY ACTION INVOLVING ABUSE, NEGLECT, OR EXPLOITATION. In determining whether to pursue disciplinary action in response to verified findings by the Department of Children and Families of abuse, neglect, or exploitation involving the licensee or direct service providers rendering services on behalf of the licensee, the Agency will consider the licensee’s corrective action plan and other actions taken to safeguard the health, safety, and welfare of residents upon discovery of the violation. Considerations shall include the following:

(a) Whether the licensee properly trained and screened, in compliance with Section 393.0655, F.S., the staff member(s) responsible for the violation;

(b) Whether, upon discovery, the licensee immediately reported any allegations or suspicions of abuse, neglect, or exploitation to both the Florida Abuse Hotline as well as the Agency;

(c) Whether the licensee fully cooperated with all investigations of the violation;

(d) Whether the licensee took immediate and appropriate actions necessary to safeguard the health, safety and welfare of residents during and after any investigations.

(e) Whether the occurrence is a repeat violation and the nature of such violation.

(f) The specific facts and circumstances before, during, and after the violation.

(2) FACTORS CONSIDERED WHEN DETERMINING SANCTIONS TO BE IMPOSED FOR A VIOLATION. The Agency shall consider the following factors when determining the sanctions for a violation:

(a) The gravity of the violation, including whether the incident involved the abuse, neglect, exploitation, abandonment, death, or serious physical or mental injury of a resident, whether death or serious physical or mental injury could have resulted from the violation, and whether the violation has resulted in permanent or irrevocable injuries, damage to property, or loss of property or client funds,

(b) The actions already taken or being taken by the licensee to correct the violations, or the lack of remedial action,

(c) The types, dates, and frequency of previous violations and whether the violation is a repeat violation,

(d) The number of residents served by the facility and the number of residents affected or put at risk by the violation,

(e) Whether the licensee willfully committed the violation, was aware of the violation, was willfully ignorant of the violation, or attempted to conceal the violation,

(f) The licensee’s cooperation with investigating authorities, including the Agency, the Department of Children and Families, or law enforcement,

(g) The length of time the violation has existed within the home without being addressed, and

(h) The extent to which the licensee was aware of the violation.

(3) ADDITIONAL CONSIDERATIONS FOR CLASS I VIOLATIONS, REPEATED VIOLATIONS OR FOR VIOLATIONS THAT HAVE NOT BEEN CORRECTED.

(a) Subject to the provisions of subsection 65G-2.0041(1), F.A.C., in response to a Class I violation, the Agency may either file an Administrative Complaint against the licensee or deny the licensee’s application for renewal of licensure.

(b) A second Class I violation, occurring within 12 months from the date in which a Final Order was entered for an Administrative Complaint pertaining to that same violation, shall result in the imposition of a fine of $1000 per day per violation, revocation, denial or suspension of the license, or the imposition of a moratorium on new resident admissions.

(c) The intentional misrepresentation, by a licensee or by the supervisory staff of a licensee, of the remedial actions taken to correct a Class I violation shall constitute a Class I violation. The intentional misrepresentation, by a licensee or by the supervisory staff of a licensee, of the remedial actions taken to correct a Class II violation shall constitute a Class II violation. The intentional misrepresentation, by a licensee or by the supervisory staff of a licensee, of the remedial actions taken to correct a Class III violation shall constitute a Class III violation.

(d) Failure to complete corrective action within the designated timeframes may result in revocation or non-renewal of the facility’s license.

(4) SANCTIONS. Fines shall be imposed, pursuant to a final order of the Agency, according to the following three-tiered classification system for the violation of facility standards as provided by law or administrative rule. Each day a violation occurs or continues to occur constitutes a separate violation and is subject to a separate and additional sanction. Violations shall be classified according to the following criteria:

(a) Class I statutory or rule violations are violations that cause or pose an immediate threat of death or serious harm to the health, safety or welfare of a resident and which require immediate correction.

1. Class I violations include all instances where the Department of Children and Families has verified that the licensee is responsible for abuse, neglect, or abandonment of a child or abuse, neglect or exploitation of a vulnerable adult. For purposes of this subparagraph, a licensee is responsible for the action or inaction of a covered person resulting in abuse, neglect, exploitation or abandonment when the facts and circumstances show that the covered person’s action, or failure to act, was at the direction of the licensee, or with the knowledge of the licensee, or under circumstances where a reasonable person in the licensees’ position should have known that the covered person’s action, or failure to act, would result in abuse, neglect, abandonment or exploitation of a resident.

2. Class I violations may be penalized by a moratorium on admissions, by the suspension, denial or revocation of the license, by the nonrenewal of licensure, or by a fine of up to $1,000 dollars per day per violation. Administrative sanctions may be levied notwithstanding remedial actions taken by the licensee after a Class I violation has occurred.

3. All Class I violations must be abated or corrected immediately after any covered person acting on behalf of the licensee becomes aware of the violation other than the covered person who caused or committed the violation.

(b) Class II violations are violations that do not pose an immediate threat to the health, safety or welfare of a resident, but could reasonably be expected to cause harm if not corrected. Class II violations include statutory or rule violations related to the operation and maintenance of a facility or to the personal care of residents which the Agency determines directly threaten the physical or emotional health, safety, or security of facility residents, other than Class I violations.

1. Class II violations may be penalized by a fine of up to $500 dollars per day per violation.

If four or more Class II violations occur within a one year time period, the Agency may seek the suspension or revocation of the facility’s license, nonrenewal of licensure, or a moratorium on admissions to the facility.

2. A fine may be levied notwithstanding the correction of the violation during the survey if the violation is a repeat Class II violation.

(c) Class III violations are statutory or rule violations related to the operation and maintenance of the facility or to the personal care of residents, other than Class I or Class II violations.

1. Class III violations may be penalized by a fine of up to $100 dollars per day for each violation.

2. A repeat Class III violation previously cited in a notice of noncompliance may incur a fine even if the violation is corrected before the Agency completes its survey of the facility.

3. If twenty or more Class III violations occur within a one year time period, the Agency may seek the suspension or revocation of the facility’s license, nonrenewal of licensure, or moratorium on admissions to the facility.

(d) The aggregate amount of any fine imposed pursuant to this section shall not exceed $10,000.

Rulemaking Authority 393.501(1), 393.067, 393.0673 FS. Law Implemented 393.067, 393.0673 FS. History‒New 7-1-14.