Florida Administrative Code
59 - AGENCY FOR HEALTH CARE ADMINISTRATION
59A - Health Facility and Agency Licensing
Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED
Section 59A-26.003 - Classification of Deficiencies
Universal Citation: FL Admin Code R 59A-26.003
Current through Reg. 50, No. 187; September 24, 2024
(1) Violations of Chapter 400, Part VIII, and Chapter 408, Part II, F.S., shall be classified according to the nature of the violation and the gravity of its probable effect on clients as required in Section 408.813(2), F.S. Violations shall be classified on the written notice as follows:
(a) A class I deficiency is subject to a
civil penalty of $5, 000 for an isolated deficiency, $7500 for a patterned
deficiency and $10, 000 for a widespread deficiency. A fine may be levied
notwithstanding the correction of the deficiency.
(b) A class II deficiency is subject to a
civil penalty of $1, 000 for an isolated deficiency, $3000 for a patterned
deficiency and $5, 000 for a widespread deficiency. A citation for a class II
deficiency shall specify the time within which the deficiency must be
corrected.
(c) A class III
deficiency is subject to a civil penalty of $500 for an isolated deficiency,
$750 for a patterned deficiency and $1, 000 for a widespread deficiency. A
citation for a class III deficiency shall specify the time within which the
deficiency must be corrected. If a class III deficiency is corrected within the
time specified, no civil penalty shall be imposed, unless it is a repeated
offense.
(d) A class IV deficiency
is subject to a civil penalty of $100 for an isolated deficiency, $300 for a
patterned deficiency and $500 for a widespread deficiency. If a class IV
violation is corrected within the time specified, a fine may not be
imposed.
Rulemaking Authority 400.967, 408.813, 408.819 FS. Law Implemented 400.967(3), 408.813, 408.815 FS.
New 12-21-15.
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