1. (1) Under a final order of the Agency, the Agency shall impose disciplinary action against a licensee for the violation of any facility or program standard as provided in chapter 393, F.S., or the Agency’s rules. First offenses of minor violations will be issued a Notice of Noncompliance, as set forth within this rule chapter, prior to disciplinary action.

   1. (a) Each day a violation occurs, or continues to occur, constitutes a separate violation and is subject to a separate and additional disciplinary action.
   2. (b) Failure to comply with the terms of a Corrective Action Plan or settlement agreement shall constitute a separate violation subject to a separate and additional administrative proceeding and additional disciplinary action from the underlying violation.
   3. (c) A Plan of Remediation shall be in response to a violation of these rules and shall be included as part of a disciplinary action imposed as a result of the violations. Failure to timely complete a Plan of Remediation shall constitute an additional and separate violation beyond the violation for which it was implemented.

2. (2) The Agency shall consider any aggravating and mitigating factors when determining appropriate disciplinary action, which include the following:

   1. (a) the severity of the violation;
   2. (b) whether the incident involved the abuse, neglect, exploitation, abandonment, death, or serious physical or mental injury of a resident or participant;
   3. (c) the connection between the death or serious physical or mental injury and the violation;
   4. (d) any remedial actions taken to correct the violation and the timeliness of such actions;
   5. (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;
   6. (f) the number of individuals impacted;
   7. (g) whether the licensee reported the violation within the timeframes described in this chapter;
   8. (h) whether the licensee has cooperated with the Agency, or any other investigating regulatory or law enforcement agency regarding the violation;
   9. (i) whether there have been repeat instances of the same or similar violation or any other violation by the licensee, with consideration of the amount of time that has passed between violations;
   10. (j) whether a violation involved more than one employee of the licensee; and
   11. (k) any other relevant mitigating or aggravating factors.

3. (3) The Agency may take disciplinary action against licensees in accordance with sections 393.067 and 393.0673, F.S., as follows:

   1. (a) a moratorium on admissions;
   2. (b) the suspension, denial, or revocation of the license, including nonrenewal of the license; and

   3. (c) administrative fines, as follows:

      1. each fine shall not exceed $1,000 per violation;

      2. each day a violation occurs constitutions a new violation; and

      3. no fine issued under this rule chapter may exceed the limitation in section 393.0673, F.S.

4. (4) The agency may impose more than one type of disciplinary action for a single violation.
5. (5) Failure to pay any fine or adhere to a moratorium, suspension, or any other disciplinary measure implemented in accordance with this chapter shall constitue a separate violation.
6. (6) The expiration or relinquishment of a license that is pending administrative disciplinary action does not render the administrative proceeding moot and the licensee may still be subject to administrative disciplinary action. The Agency may continue to seek administrative disciplinary action against a licensee for violations that occurred during a licensee’s management or oversight of a facility or program even if the licensee ceases to own, lease, operate, or provide services in the facility or program after the violations have occurred.

7. (7) For purposes of disciplinary action under these rules and chapter 393, F.S., for verified findings of abuse, neglect, abandonment, or exploitation of a child or vulnerable adult, the licensee is responsible not only for administration of the facilities in compliance with the standards provided by statute and administrative rule, but is ultimately responsible for the care and supervision of the clients in the facility or the participants of the program.

   1. (a) A licensee may not delegate to others the ultimate responsibility for the safety of the clients in its care.
   2. (b) A licensee is subject to disciplinary action for an employee’s lapse in care or supervision of the clients at the facility or the participants of the program in which a verified finding of abuse, neglect, abandonment, or exploitation occurred at the licensee’s facility or program.
8. (8) Disciplinary guidelines applicable to disciplinary actions taken under these rules and chapter 393, F.S., are set forth within the APD Licensing Disciplinary Chart Form 0041 (December 2025), which is incorporated herein by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18973"
   http://flrules.org/Gateway/reference.asp?No=Ref-18973. A copy may also be obtained by request to the Agency.

Rulemaking Authority 393.067(1), 393.067(7), 393.0673(8), 393.501(1) FS. Law Implemented 393.067, 393.0673 FS. History–New 7-1-14, Amended 1-23-25, 3-26-26.