Florida Administrative Code
59 - AGENCY FOR HEALTH CARE ADMINISTRATION
59A - Health Facility and Agency Licensing
Chapter 59A-1 - CERTIFICATION OF ORGAN PROCUREMENT ORGANIZATIONS, TISSUE BANKS, AND EYE BANKS (IN MEMORY OF CHARLES ARLEIGH LINCOLN, PH.D.)
Section 59A-1.012 - Denial, Revocation, or Suspension of Certificate; Imposition of Administrative Fine; Grounds; Moratorium on Agency Activities

(1) Depending upon the seriousness of the violation, the AHCA shall deny, revoke, or suspend a certificate or impose an administrative fine not to exceed $500 per day per violation for any of the following actions:

(2) In addition to the reasons in subsection (1), above, the AHCA shall deny certification to an applicant who owns or operates an agency which, during the 24 months prior to the application for certification, has had certification revoked pursuant to subsection (1) above, had a moratorium imposed on agency activities, had injunction proceedings initiated against it, or had a receiver appointed.

(3) In determining if an administrative penalty, including a fine and the amount of the fine, is to be imposed, and in determining the terms of the administrative action, the AHCA shall consider the following factors:

(4) When administrative action is taken against an agency, the AHCA shall immediately serve the agency with written notice of the administrative action by personal service or registered or certified mail, return receipt requested. All administrative actions shall be in accordance with Chapter 120, F.S., and shall state the following:

(5) Each agency receiving a written notice of administrative action has the right to appeal. Procedures for appeal and administrative hearing shall be in accordance with Chapter 120, F.S.

(6) If, as the result of a hearing, an administrative action taken by the AHCA is upheld, the administrative action shall be immediately imposed and, in the case of a fine, the violator shall pay the fine for each day beyond the date set by the AHCA for payment of the fine.

(7) Following denial or revocation of certification, an agency shall be permitted to reapply for certification in accordance with the provisions of Rule 59A-1.004, F.A.C.

(8) The AHCA shall impose a moratorium on all or selected agency activities which the AHCA determines to be a potential threat to the health, safety, or welfare of the public.