1998 Florida Code
TITLE XXIX PUBLIC HEALTH
Chapter 393 Developmental Disabilities  
393.0675   Injunctive proceedings authorized.

393.0675  Injunctive proceedings authorized.--

(1)  The 1Department of Health and Rehabilitative Services may institute injunctive proceedings in a court of competent jurisdiction to:

(a)  Enforce the provisions of this chapter or any minimum standard, rule, regulation, or order issued or entered pursuant thereto; or

(b)  Terminate the operation of facilities licensed pursuant to this chapter when any of the following conditions exist:

1.  Failure by the facility to take preventive or corrective measures in accordance with any order of the department.

2.  Failure by the facility to abide by any final order of the department once it has become effective and binding.

3.  Any violation by the facility constituting an emergency requiring immediate action as provided in s. 393.0673.

(2)  Such injunctive relief may include temporary and permanent injunctions.

(3)  The department may institute proceedings for an injunction in a court of competent jurisdiction to terminate the operation of a provider of supports or services if such provider has willfully and knowingly refused to comply with the screening requirement for direct service providers or has refused to terminate direct service providers found not to be in compliance with the requirements for good moral character.

History.--s. 12, ch. 83-230; s. 43, ch. 85-81; s. 9, ch. 87-238; s. 13, ch. 89-308; s. 12, ch. 94-154.

1Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.