(1) The agency may institute injunctive proceedings in a court of competent jurisdiction to:
- (a) Enforce the provisions of this part or any minimum standard, rule, or order issued or entered into pursuant thereto when the attempt by the agency to correct a violation through administrative fines has failed or when the violation materially affects the health, safety, or welfare of residents; or
- (b) Terminate the operation of a facility when violations of any provisions of this part or of any standard or rule promulgated pursuant thereto exist which materially affect the health, safety, or welfare of residents.
- (2) Such injunctive relief may be temporary or permanent.
- (3) The Legislature recognizes that in some instances, action is necessary to protect residents of assisted living facilities from immediate, life-threatening situations. In such cases, the court may allow a temporary injunction without bond on proper proof being made. If it appears by competent evidence or a sworn, substantiated affidavit that a temporary injunction should issue, the court, pending the determination on final hearing, shall enjoin operation of the facility.
History.--s. 10, ch. 75-233; ss. 12, 22, ch. 80-198; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; s. 9, ch. 87-371; ss. 17, 38, 39, ch. 93-216; s. 14, ch. 95-210.