65E-9.004. Administrative Enforcement

(1) Provider staff shall cooperate with the agency and department personnel during surveys, complaint investigations, monitoring visits, implementation of correction plans, license application and renewal procedures, and other activities necessary to ensure compliance with Chapter 394, F.S., and this rule.

(2) Administrative sanctions shall be imposed as authorized in Section 394.879(4), F.S., for:

(a) Deficiencies which are not corrected within the time frame set by the agency and for repeat deficiencies;

(b) Exceeding the licensed capacity;

(c) Violating a moratorium on admissions imposed under the provisions of this rule; and

(d) Failure to timely submit a renewal application in compliance with subsection 65E-9.003(7), F.A.C., or a change of ownership application in compliance with Rule 65E-9.003, F.A.C.

(3) Moratorium on admissions.

(a) An immediate moratorium on admissions shall be placed on the facility when it has been determined that any condition in the facility presents an immediate or direct threat to the health, safety, and well being of children in the facility. The following situations are examples of threats constituting grounds for a moratorium:

1. Inappropriate or excessive use of restraint and seclusion;

2. The presence of children who need more care than can be provided by the facility;

3. Food supply inadequate to provide proper nutrition to children;

4. Lack of sufficient staff who are skilled and competent to provide for or to meet the immediate needs of the children;

5. Notification by the local fire marshal's office or county health department that conditions exist which impose an immediate threat to the children; or

6. Significant or repeated staff error resulting in failure to administer medications as prescribed.

(b) Moratoriums shall not be lifted until the deficiencies have been corrected and the agency has determined through an appraisal visit that there is no danger or threat to the children's health, safety, or well being. The removal of the moratorium shall be conveyed and confirmed by written notification.

(c) During the moratorium, no new children or previously discharged children shall be admitted to the facility. Children for whom the provider is holding a bed may return to the facility only after the child's parent or guardian has been informed that the facility is under a moratorium on admissions and with the prior approval of the local agency field office.

(d) When a moratorium is placed on a facility, the agency notice of the moratorium shall be posted and visible to the public at the facility until the moratorium is lifted.

Specific Authority 39.407, 394.875(10) FS. Law Implemented 394.875 FS. History–New 7-25-06.