Convalescent Servs. of West Palm Beach, Inc. v. Dep't of Health & Rehabilitative Servs., 424 So. 2d 104 (Fla. 1st DCA 1982). · Go Syfert
Convalescent Servs. of West Palm Beach, Inc. v. Dep't of Health & Rehabilitative Servs., 424 So. 2d 104 (Fla. 1st DCA 1982). Cases Citing This Book View Copy Cite
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CONVALESCENT SERVICES OF WEST PALM BEACH, INC., d/b/a Lakeside Health Center
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
No. AL-338.
District Court of Appeal of Florida, First District.
Dec 16, 1982.
424 So. 2d 104
Karen L. Goldsmith of Dempsey & Slaughter, Orlando, for appellant., Robert P. Daniti, Dept, of Health and Rehabilitative Services, Tallahassee, for ap-pellee.
Joanos, Shaw, Smith.
Published
JOANOS, Judge.

Appellant attacks the constitutionality of section 400.111(1), Florida Statutes (1980), which was the basis of a Department of Health and Rehabilitative Services final order imposing a late penalty of $6,499.00.

To be constitutionally permissible, a classification must apply uniformly to all persons within the class and bear a reasonable relationship to a legitimate state interest. Haber v. State, 396 So.2d 707 (Fla.1981). We have reviewed section 400.-111(1), Florida Statutes (1980), and find no constitutional infirmities. Singling out long-term care facilities, as a class, is rationally related to the state’s interest in insuring the safe and adequate care, treatment and health of persons in such facilities. All long-term care facilities within the class are subject to the penalty provision and the penalty provision is a reasonable means to make sure that these long-term care facilities comply with the standards of Chapter 400, Florida Statutes (1980). However, the penalty was incorrectly computed on sixty-seven rather than sixty-six days, resulting in an overcharge of $97.00.

Accordingly, section 400.111(1), Florida Statutes (1980), is held to be constitutional, but the final order is remanded for correction consistent with this opinion.

LARRY G. SMITH and SHAW, JJ., concur.