1. (1) In addition to any other liability or penalty provided by law, the agency may impose a civil penalty on a person for:

   1. (a) Violating any term or condition of a license; or
   2. (b) Violating any rule adopted under ss. 400.616-400.629.
   3. (c) Failure to follow the criteria and procedures provided under part I of chapter 394 relating to the transportation, voluntary admission, and involuntary examination of adult family-care home residents.
2. (2) Each day during which a violation occurs constitutes a separate violation.

3. (3) In determining whether a penalty is to be imposed, and in fixing the amount of any penalty to be imposed, the agency must consider:

   1. (a) The gravity of the violation.
   2. (b) Actions taken by the provider to correct a violation.
   3. (c) Any previous violation by the provider.
   4. (d) The financial benefit to the provider of committing or continuing the violation.
4. (4) As an alternative to or in conjunction with an administrative action against a provider, the agency may request a plan of corrective action that demonstrates a good faith effort to remedy each violation by a specific date, subject to the approval of the department.
5. (5) The department shall set forth, by rule, classifications of violations and civil penalties to be levied.
6. (6) Civil penalties paid by a provider must be deposited into the Department of Elderly Affairs Administrative Trust Fund and used to offset the expenses of departmental training and education for adult family-care home providers.
7. (7) The agency may impose an immediate moratorium on admissions to any adult family-care home if the agency finds that a condition in the home presents a threat to the health, safety, or welfare of its residents.

History.--s. 6, ch. 93-209; s. 64, ch. 95-418; s. 41, ch. 96-169.