2002 Florida Code
TITLE XXIX PUBLIC HEALTH
Chapter 400 NURSING HOMES AND RELATED HEALTH CARE FACILITIES  
PART III ASSISTED LIVING FACILITIES (ss. 400.401-400.454)
400.421   Injunctive proceedings.

400.421  Injunctive proceedings.--

(1)  The agency may institute injunctive proceedings in a court of competent jurisdiction to:

(a)  Enforce the provisions of this part or any minimum standard, rule, or order issued or entered into pursuant thereto when the attempt by the agency to correct a violation through administrative fines has failed or when the violation materially affects the health, safety, or welfare of residents; or

(b)  Terminate the operation of a facility when violations of any provisions of this part or of any standard or rule promulgated pursuant thereto exist which materially affect the health, safety, or welfare of residents.

(2)  Such injunctive relief may be temporary or permanent.

(3)  The Legislature recognizes that in some instances, action is necessary to protect residents of assisted living facilities from immediate, life-threatening situations. In such cases, the court may allow a temporary injunction without bond on proper proof being made. If it appears by competent evidence or a sworn, substantiated affidavit that a temporary injunction should issue, the court, pending the determination on final hearing, shall enjoin operation of the facility.

History.--s. 10, ch. 75-233; ss. 12, 22, ch. 80-198; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; s. 9, ch. 87-371; ss. 17, 38, 39, ch. 93-216; s. 14, ch. 95-210.