Florida Statutes
Fla. Stat. § 400.102 (2025)
Action by agency against licensee; grounds.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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400.102 Action by agency against licensee; grounds.—In addition to the grounds listed in part II of chapter 408, any of the following conditions shall be grounds for action by the agency against a licensee:
(1) An intentional or negligent act materially affecting the health or safety of residents of the facility;
(2) Misappropriation or conversion of the property of a resident of the facility;
(3) Failure to follow the criteria and procedures provided under part I of chapter 394 relating to the transportation, voluntary admission, and involuntary examination of a nursing home resident; or
(4) Fraudulent altering, defacing, or falsifying any medical or nursing home records, or causing or procuring any of these offenses to be committed.
History.—s. 8, ch. 70-361; s. 1, ch. 70-439; s. 3, ch. 76-168; s. 237, ch. 77-147; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 13, 79, 83, ch. 83-181; s. 30, ch. 93-177; ss. 12, 49, ch. 93-217; s. 35, ch. 96-169; s. 16, ch. 2001-45; s. 62, ch. 2007-230.
Notes of Decisions
Cited in 3
cases, 1986–2018 · leading case: Rehab. Ctr. at Hollywood Hills, LLC v. State of Florida, Agency for Health etc., 250 So. 3d 737 (Fla. 1st DCA 2018).
Rehab. Ctr. at Hollywood Hills, LLC v. State of Florida, Agency for Health etc., 250 So. 3d 737 (Fla. 1st DCA 2018). “141, Florida Statutes, which requires nursing homes to maintain their facilities in a safe manner, and section 400.102, which permits the agency to act where nursing home staff commits an intentional or negligent act that materially affects the health and safety of residents.”
State v. Brenner, 486 So. 2d 101 (La. 1986). “; Florida, Fla.Stat.Ann. §§ 400.102, 400.121; Illinois, Ill.”
Beverly Enter.-Florida, Inc. v. Agency for Health Care Admin., 710 So. 2d 106 (Fla. 2d DCA 1998). “The judge had ruled that the deficiency was a violation of section 400.102(1), Florida Statutes (1995), which warranted a fine not exceeding 0 pursuant to section 400.”
— 400.102(1) — 2 cases
Rehab. Ctr. at Hollywood Hills, LLC v. State of Florida, Agency for Health etc., 250 So. 3d 737 (Fla. 1st DCA 2018). “141, Florida Statutes, which requires nursing homes to maintain their facilities in a safe manner, and section 400.102, which permits the agency to act where nursing home staff commits an intentional or negligent act that materially affects the health and safety of residents.”
Beverly Enter.-Florida, Inc. v. Agency for Health Care Admin., 710 So. 2d 106 (Fla. 2d DCA 1998). “The judge had ruled that the deficiency was a violation of section 400.102(1), Florida Statutes (1995), which warranted a fine not exceeding 0 pursuant to section 400.”
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