Amendments conform with statutory and licensure policy changes regarding violations, fines, and grounds.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Substance Abuse Program

RULE NO.:RULE TITLE:

65D-30.0038Violations; Imposition of Administrative Fines; Grounds

PURPOSE AND EFFECT: Amendments conform with statutory and licensure policy changes regarding violations, fines, and grounds.

SUMMARY: There is a substantial rewording of rule. The amendments clarify the rule, remove definitions that are in statute, specify the fine amounts for each class/violation, and update the corrective action plan protocol if violations are found.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

A SERC has not been prepared.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 397.321(5), 397.410(2) FS.

LAW IMPLEMENTED: 397.410, 397.411, 397.415, 397.4104, 397.4873 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 65D-30.0038 follows. See Florida Administrative Code for present text.

 

65D-30.0038 Violations; Imposition of Administrative Fines; Grounds.

(1) The Department shall classify violations of chapter 397, F.S. and chapter 65D-30, F.A.C. in accordance with sections 397.410(2) and 397.411(7), F.S. Violations shall be classified on the written notice as follows:

(a) A class I violation is subject to an administrative fine of $400 for an isolated deficiency, $600 for a patterned deficiency, and $800 for a widespread deficiency. 

(b) A class II violation is subject to an administrative fine of $300 for an isolated deficiency, $500 for a patterned deficiency, and $700 for a widespread deficiency.

(c) A class III violation is subject to an administrative fine of $200 for an isolated deficiency, $400 for a patterned deficiency, and $600 for a widespread deficiency.

(d) A class IV violation is subject to an administrative fine of $100 for an isolated, patterned, or widespread deficiency.

(2) The Department shall impose an administrative fine for the following unclassified violations. The amount of the administrative fine shall be $100 for each violation per day, beginning on the day the violation was identified by the Department.

(a) Failure to submit required incident reports;

(b) Failing to inform the Department of a change in ownership within the specified timeframe in accordance with rule 65D-30.0034, F.A.C.; and

(c) Unclassified violations outlined in s. 397.415(1)(a)2.

(3) Administrative fines for Class III and IV violations will not be assessed if the violations are corrected within the time specified in the corrective action plan (CAP). When the violation is not corrected by the date specified in the CAP, the fine shall be assessed.

(4) The facility must submit a written CAP to the Department within seven calendar days from the date of receipt of the inspection. The CAP must be signed by the executive director or designee of the provider.

(a) The CAP shall include the following:

1. Identify the violation;

2. The actions the facility will take to correct each of the violations identified;

3. The date by which the violation shall be corrected; and

4. The actions the facility will take to ensure the violation identified does not occur again.

(b) Unless a date is directed or extended by the Department, the date to resolve the violation shall not exceed 30 days from the inspection completion date.

(5) The Department will reject any proposed corrective action plan that fails to identify all the information described in paragraph (4) of this rule or reflects a plan of action that does not address the violation(s). If the Department rejects a proposed corrective action plan, the Department shall notify the provider in writing of the reasons for rejection and require the provider to submit an amended corrective action plan addressing the deficiency or deficiencies within five calendar days of receipt of the Department’s notice rejecting the corrective action plan. Failure to submit a CAP that is sufficient for Department approval within 30 days of the inspection completion date shall be considered an unclassified violation and be subject to administrative fines as described in paragraph (2) of this rule.

(6) The Department may deny, suspend, or revoke a license pursuant to s. 397.415, F.S. A license will not be renewed if a licensee has not paid all previously owed fines to the Department. 

Rulemaking Authority 397.321(5), 397.410(2) FS. Law Implemented 397.410, 397.411, 397.415, 397.4104, 397.4873 FS. History–New 8-29-19. Amended ____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Courtney Smith and Vanessa Snoddy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun L. Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 7, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2022