Florida Statutes
Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041)
395.1065 - Criminal and administrative penalties; moratorium.


(1) In addition to s. 408.812, any person establishing, conducting, managing, or operating any facility without a license under this part commits a misdemeanor and, upon conviction, shall be fined not more than $500 for the first offense and not more than $1,000 for each subsequent offense, and each day of continuing violation after conviction shall be considered a separate offense.

(2)(a) The agency may impose an administrative fine, not to exceed $1,000 per violation, per day, for the violation of any provision of this part, part II of chapter 408, or applicable rules. Each day of violation constitutes a separate violation and is subject to a separate fine.
(b) In determining the amount of fine to be levied for a violation, as provided in paragraph (a), the following factors shall be considered:
1. The severity of the violation, including the probability that death or serious harm to the health or safety of any person will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of this part were violated.
2. Actions taken by the licensee to correct the violations or to remedy complaints.
3. Any previous violations of the licensee.

(c) The agency may impose an administrative fine for the violation of s. 641.3154 or, if sufficient claims due to a provider from a health maintenance organization do not exist to enable the take-back of an overpayment, as provided under s. 641.3155(5), for the violation of s. 641.3155(5). The administrative fine for a violation cited in this paragraph shall be in the amounts specified in s. 641.52(5), and the provisions of paragraph (a) do not apply.

(3) In accordance with part II of chapter 408, the agency may impose an immediate moratorium on elective admissions to any licensed facility, building, or portion thereof, or service, when the agency determines that any condition in the facility presents a threat to public health or safety.
(4) In seeking to impose penalties against a facility as defined in s. 394.455 for a violation of part I of chapter 394, the agency is authorized to rely on the investigation and findings by the Department of Health in lieu of conducting its own investigation.
(5) The agency shall impose a fine of $500 for each instance of the facility’s failure to provide the information required by rules adopted pursuant to s. 395.1055(1)(f).
History.—ss. 26, 30, ch. 82-182; ss. 28, 98, ch. 92-289; s. 32, ch. 96-169; s. 105, ch. 99-8; s. 9, ch. 2000-252; s. 7, ch. 2004-297; s. 48, ch. 2007-230; s. 4, ch. 2019-136; s. 37, ch. 2022-5.
Note.—Former s. 395.018.

Structure Florida Statutes

Florida Statutes

Title XXIX - Public Health

Chapter 395 - Hospital Licensing and Regulation

Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041)

395.001 - Legislative intent.

395.002 - Definitions.

395.003 - Licensure; denial, suspension, and revocation.

395.004 - Application for license; fees.

395.0056 - Litigation notice requirement.

395.009 - Minimum standards for clinical laboratory test results and diagnostic X-ray results; prerequisite for issuance or renewal of license.

395.0091 - Alternate-site testing.

395.0161 - Licensure inspection.

395.0162 - Inspection reports.

395.0163 - Construction inspections; plan submission and approval; fees.

395.0185 - Rebates prohibited; penalties.

395.0191 - Staff membership and clinical privileges.

395.0192 - Duty to notify physicians.

395.0193 - Licensed facilities; peer review; disciplinary powers; agency or partnership with physicians.

395.0195 - Access of chiropractic physicians to diagnostic reports.

395.0197 - Internal risk management program.

395.1011 - Identification, segregation, and separation of biomedical waste.

395.1012 - Patient safety.

395.1021 - Treatment of sexual assault victims.

395.1023 - Child abuse and neglect cases; duties.

395.1024 - Patients consenting to adoptions; protocols.

395.1025 - Infectious diseases; notification.

395.1027 - Regional poison control centers.

395.1031 - Emergency medical services; communication.

395.1041 - Access to and ensurance of emergency services; transfers; patient rights; diversion programs; reports of controlled substance overdoses.

395.1051 - Duty to notify patients.

395.1052 - Patient access to primary care and specialty providers; notification.

395.1053 - Postpartum education.

395.1054 - Birthing quality improvement initiatives.

395.1055 - Rules and enforcement.

395.1056 - Plan components addressing a hospital’s response to terrorism; public records exemption; public meetings exemption.

395.106 - Risk pooling by certain hospitals and hospital systems.

395.1061 - Professional liability coverage.

395.1065 - Criminal and administrative penalties; moratorium.

395.107 - Facilities; publishing and posting schedule of charges; penalties.

395.10973 - Powers and duties of the agency.

395.2050 - Routine inquiry for organ and tissue donation; certification for procurement activities; death records review.

395.301 - Price transparency; itemized patient statement or bill; patient admission status notification.

395.3015 - Patient records; form and content.

395.302 - Patient records; penalties for alteration.

395.3025 - Patient and personnel records; copies; examination.

395.3035 - Confidentiality of hospital records and meetings.

395.3036 - Confidentiality of records and meetings of entities that lease public hospitals or other public health care facilities.

395.3037 - Definitions.

395.3038 - State-listed stroke centers; notification of hospitals.

395.30381 - Statewide stroke registry.

395.3039 - Advertising restrictions.

395.3041 - Emergency medical services providers; triage and transportation of stroke victims to a stroke center.