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- Florida Public Health Code Section 381.001; Legislative intent; public health system.
(1) It is the intent of the Legislature that the Department of Health be responsible for the state's public health system which shall be ...
- Florida Public Health Code Section 381.0011; Duties and powers of the Department of Health.
It is the duty of the Department of Health to: (1) Assess the public health status and needs of the state through statewide data collection ...
- Florida Public Health Code Section 381.0012; Enforcement authority.
(1) The department may commence and maintain all proper and necessary actions and proceedings to enforce the rules adopted pursuant to this chapter and may ...
- Florida Public Health Code Section 381.0013; Eminent domain.
Whenever the department shall find it necessary to acquire private property for the use of the department and to be occupied by the department, the ...
- Florida Public Health Code Section 381.0014; Regulations and ordinances superseded.
The rules adopted by the department under the provisions of this chapter shall, as to matters of public health, supersede all rules enacted by other ...
- Florida Public Health Code Section 381.0015; Presumptions.
The authority, action, and proceedings of the department in enforcing the rules adopted by it under the provisions of this chapter shall be regarded as ...
- Florida Public Health Code Section 381.0016; Municipal regulations and ordinances.
Any municipality may enact, in a manner prescribed by law, health regulations and ordinances not inconsistent with state public health laws and rules adopted by ...
- Florida Public Health Code Section 381.0017; Purchase, lease, and sale of real property.
(1) The department may purchase, lease, or otherwise acquire land and buildings and take a deed thereto in the name of the state, for the ...
- Florida Public Health Code Section 381.0018; Application for and acceptance of gifts or grants.
The department may apply for and accept any funds, grants, gifts, or services made available to it by any agency or department of the Federal ...
- Florida Public Health Code Section 381.0019; Disposition of equipment and material; transfers to county health departments.
When the department purchases equipment and materials in furtherance of its public health programs from state or federal or state and federal funds for primary ...
- Florida Public Health Code Section 381.002; Grant of title to prescriptive medical personal property to client.
Legal title to prescriptive medical personal property purchased by the department for the use or benefit of a particular client of the department may, pursuant ...
- Florida Public Health Code Section 381.0021; Client welfare accounts.
The Department of Health may establish one or more client welfare accounts in any bank, savings and loan association, or credit union. If one account ...
- Florida Public Health Code Section 381.0022; Sharing confidential or exempt information.
(1) Notwithstanding any other provision of law to the contrary, the Department of Health and the Department of Children and Family Services may share confidential ...
- Florida Public Health Code Section 381.0025; Penalties.
(1) Any person who violates any of the provisions of this chapter, any quarantine, or any rule adopted by the department under the provisions of ...
- Florida Public Health Code Section 381.003; Communicable disease and AIDS prevention and control.
(1) The department shall conduct a communicable disease prevention and control program as part of fulfilling its public health mission. A communicable disease is any ...
- Florida Public Health Code Section 381.0031; Report of diseases of public health significance to department.
(1) Any practitioner licensed in this state to practice medicine, osteopathic medicine, chiropractic medicine, naturopathy, or veterinary medicine; any hospital licensed under part I of ...
- Florida Public Health Code Section 381.00315; Public health advisories; public health emergencies.
The State Health Officer is responsible for declaring public health emergencies and issuing public health advisories. (1) As used in this section, the term: (a) "...
- Florida Public Health Code Section 381.0032; Epidemiological research.
(1) The department may conduct studies concerning the epidemiology of diseases of public health significance, such as acquired immune deficiency syndrome and other diseases in ...
- Florida Public Health Code Section 381.00325; Hepatitis A awareness program.
The Department of Health shall develop a Hepatitis A awareness program. This program shall include information regarding the appropriate education of the public and information ...
- Florida Public Health Code Section 381.0034; Requirement for instruction on HIV and AIDS.
(1) As of July 1, 1991, the Department of Health shall require each person licensed or certified under chapter 401, chapter 467, part IV of ...
- Florida Public Health Code Section 381.0035; Educational course on HIV and AIDS; employees and clients of certain health care facilities.
(1) The Department of Health shall require all employees and clients of facilities licensed under chapters 393, 394, and 397 and employees of facilities licensed ...
- Florida Public Health Code Section 381.0036; Planning for implementation of educational requirements concerning HIV and AIDS for specified applicants for professional licensure.
The Department of Business and Professional Regulation and the Department of Health are hereby directed to begin planning for the implementation of the sections of ...
- Florida Public Health Code Section 381.0037; Findings; intent.
The Legislature finds that acquired immune deficiency syndrome, otherwise known as AIDS, constitutes a serious and unique danger to the public health and welfare. The ...
- Florida Public Health Code Section 381.0038; Education.
The Department of Health shall establish a program to educate the public about the threat of acquired immune deficiency syndrome. (1) The acquired immune deficiency ...
- Florida Public Health Code Section 381.0039; Oversight of AIDS education programs.
The Department of Education, the Department of Health, and the Department of Business and Professional Regulation are directed to establish an interagency agreement to oversee ...
- Florida Public Health Code Section 381.004; HIV testing.
(1) LEGISLATIVE INTENT.--The Legislature finds that the use of tests designed to reveal a condition indicative of human immunodeficiency virus infection can be a ...
- Florida Public Health Code Section 381.0041; Donation and transfer of human tissue; testing requirements.
(1) Every donation of blood, plasma, organs, skin, or other human tissue for transfusion or transplantation to another shall be tested prior to transfusion or ...
- Florida Public Health Code Section 381.0042; Patient care for persons with HIV infection.
The department may establish acquired immune deficiency syndrome patient care networks in each region of the state where the numbers of cases of acquired immune ...
- Florida Public Health Code Section 381.0043; Blood Donor Protection Act; blood and blood component donors; confidentiality.
(1) This section may be cited as the "Blood Donor Protection Act." (2) A blood bank, a subsidiary or affiliate of a blood bank, an ...
- Florida Public Health Code Section 381.0045; Targeted outreach for pregnant women.
(1) This section may be cited as the "Targeted Outreach for Pregnant Women Act of 1998." (2) It is the purpose of this section to ...
- Florida Public Health Code Section 381.0046; Statewide HIV and AIDS prevention campaign.
(1) The Department of Health shall develop and implement a statewide HIV and AIDS prevention campaign that is directed towards minorities who are at risk ...
- Florida Public Health Code Section 381.005; Primary and preventive health services.
(1) The department shall conduct a primary and preventive health care program as part of fulfilling its public health mission. This program shall include, but ...
- Florida Public Health Code Section 381.0051; Family planning.
(1) SHORT TITLE.--This section shall be known as the "Comprehensive Family Planning Act." (2) LEGISLATIVE INTENT.--It is the intent of the Legislature to ...
- Florida Public Health Code Section 381.0052; Dental health.
(1) This section shall be known as the "Public Health Dental Program Act." (2) It is the intent of the Legislature to make available dental ...
- Florida Public Health Code Section 381.0053; Comprehensive nutrition program.
(1) It is the intent of the Legislature to make available nutrition information to promote health and prevent disease for the citizens of the state ...
- Florida Public Health Code Section 381.0054; Healthy lifestyles promotion.
(1) The Department of Health shall promote healthy lifestyles to reduce the prevalence of excess weight gain and obesity in Florida by implementing appropriate physical ...
- Florida Public Health Code Section 381.0055; Confidentiality and quality assurance activities.
(1) All information which is confidential by operation of law and which is obtained by the Department of Health, a county health department, healthy start ...
- Florida Public Health Code Section 381.0056; School health services program.
(1) This section may be cited as the "School Health Services Act." (2) The Legislature finds that health services conducted as a part of the ...
- Florida Public Health Code Section 381.0057; Funding for school health services.
(1) It is the intent of the Legislature that funds in addition to those provided under the School Health Services Act be provided to those ...
- Florida Public Health Code Section 381.0059; Background screening requirements for school health services personnel.
(1) Pursuant to the provisions of chapter 435, any person who provides services under a school health services plan pursuant to s. 381.0056 must ...
- Florida Public Health Code Section 381.00591; Department of Health; National Environmental Laboratory accreditation; application; rules.
The Department of Health may apply for and become a National Environmental Laboratory Accreditation Program accrediting authority. The department, as an accrediting entity, may adopt ...
- Florida Public Health Code Section 381.00593; Public school volunteer health care practitioner program.
(1) This section may be cited as the "Public School Volunteer Health Care Practitioner Act." (2) The purpose of this section is to establish a ...
- Florida Public Health Code Section 381.006; Environmental health.
The department shall conduct an environmental health program as part of fulfilling the state's public health mission. The purpose of this program is to ...
- Florida Public Health Code Section 381.0061; Administrative fines.
(1) In addition to any administrative action authorized by chapter 120 or by other law, the department may impose a fine, which shall not exceed $...
- Florida Public Health Code Section 381.0062; Supervision; private and certain public water systems.
(1) LEGISLATIVE INTENT.--It is the intent of the Legislature to protect the public's health by establishing standards for the construction, modification, and operation ...
- Florida Public Health Code Section 381.0063; Drinking water funds.
All fees and penalties received from suppliers of water pursuant to ss. 403.860(5) and 403.861(8) shall be deposited in the appropriate ...
- Florida Public Health Code Section 381.0064; Continuing education courses for persons installing or servicing septic tanks.
(1) The Department of Health shall establish a program for continuing education which meets the purposes of ss. 381.0101 and 489.554 regarding the ...
- Florida Public Health Code Section 381.0065; Onsite sewage treatment and disposal systems; regulation.
(1) LEGISLATIVE INTENT.--It is the intent of the Legislature that where a publicly owned or investor-owned sewerage system is not available, the department ...
- Florida Public Health Code Section 381.00655; Connection of existing onsite sewage treatment and disposal systems to central sewerage system; requirements.
(1)(a) The owner of a properly functioning onsite sewage treatment and disposal system, excluding an approved onsite graywater system, must connect the system or ...
- Florida Public Health Code Section 381.0066; Onsite sewage treatment and disposal systems; fees.
(1) The department may collect fees for services provided with respect to onsite sewage treatment and disposal systems. The total fees assessed under this section ...
- Florida Public Health Code Section 381.0067; Corrective orders; private and certain public water systems and onsite sewage treatment and disposal systems.
When the department or its agents, through investigation, find that any private water system, public water system not covered or included in the Florida Safe ...
- Florida Public Health Code Section 381.0068; Technical review and advisory panel.
(1) The Department of Health shall, by July 1, 1996, establish and staff a technical review and advisory panel to assist the department with rule ...
- Florida Public Health Code Section 381.0072; Food service protection.
It shall be the duty of the Department of Health to adopt and enforce sanitation rules consistent with law to ensure the protection of the ...
- Florida Public Health Code Section 381.0075; Regulation of body-piercing salons.
(1) LEGISLATIVE INTENT.--It is the intent of the Legislature to protect the health, safety, and welfare of the public from the spread of infectious ...
- Florida Public Health Code Section 381.008; Definitions of terms used in ss. 381.008-381.00897.
As used in ss. 381.008-381.00897, the following words and phrases mean: (1) "Common areas"--That portion of a migrant labor camp or ...
- Florida Public Health Code Section 381.0081; Permit required to operate a migrant labor camp or residential migrant housing; penalties for unlawful establishment or operation; allocation of proceeds.
(1) MIGRANT LABOR CAMP; PERMIT REQUIREMENT.--A person who establishes, maintains, or operates a migrant labor camp in this state without first having obtained a ...
- Florida Public Health Code Section 381.0082; Application for permit to operate migrant labor camp or residential migrant housing.
Application for a permit to establish, operate, or maintain a migrant labor camp or residential migrant housing must be made to the department in writing ...
- Florida Public Health Code Section 381.0083; Permit for migrant labor camp or residential migrant housing.
Any person who is planning to construct, enlarge, remodel, use, or occupy a migrant labor camp or residential migrant housing or convert property for use ...
- Florida Public Health Code Section 381.0084; Application fees for migrant labor camps and residential migrant housing.
(1) Each migrant labor camp operator or owner of residential migrant housing who is subject to s. 381.0081 shall pay to the department the ...
- Florida Public Health Code Section 381.0085; Revocation of permit to operate migrant labor camp or residential migrant housing.
The department may revoke a permit authorizing the operation of a migrant labor camp or residential migrant housing if it finds the holder has failed ...
- Florida Public Health Code Section 381.0086; Rules; variances; penalties.
(1) The department shall adopt rules necessary to protect the health and safety of migrant farmworkers and other migrant labor camp or residential migrant housing ...
- Florida Public Health Code Section 381.0087; Enforcement; citations.
(1) Department personnel may issue citations that contain an order of correction or an order to pay a fine, or both, for violations of ss. ...
- Florida Public Health Code Section 381.0088; Right of entry.
The department or its inspectors may enter and inspect migrant labor camps or residential migrant housing at reasonable hours and investigate such facts, conditions, and ...
- Florida Public Health Code Section 381.00893; Complaints by aggrieved parties.
Any person who believes that the housing violates any provision of ss. 381.008-381.00895 or rules adopted thereunder may file a complaint with ...
- Florida Public Health Code Section 381.00895; Prohibited acts; application.
(1) An owner or operator of housing subject to the provisions of ss. 381.008-381.00897 may not, for the purpose of retaliating against ...
- Florida Public Health Code Section 381.00896; Nondiscrimination.
(1) The Legislature declares that it is the policy of this state that each county and municipality must permit and encourage the development and use ...
- Florida Public Health Code Section 381.00897; Access to migrant labor camps and residential migrant housing.
(1) RIGHT OF ACCESS OF INVITED GUEST.--A resident of a migrant labor camp or residential migrant housing may decide who may visit him or ...
- Florida Public Health Code Section 381.009; Toilets required by department regulations; charge for use of prohibited.
No place of employment or place serving the public shall make a charge for the use of any toilet which is required to be provided ...
- Florida Public Health Code Section 381.0091; Separate restrooms and separate dressing rooms for males and females.
(1) Any business may designate separate restrooms and separate dressing rooms for males and for females and may prohibit any female from using a restroom ...
- Florida Public Health Code Section 381.0098; Biomedical waste.
(1) LEGISLATIVE INTENT.--It is the intent of the Legislature to protect the public health by establishing standards for the safe packaging, transport, storage, treatment, ...
- Florida Public Health Code Section 381.0101; Environmental health professionals.
(1) LEGISLATIVE INTENT.--Persons responsible for providing technical and scientific evaluations of environmental health and sanitary conditions in business establishments and communities throughout the state ...
- Florida Public Health Code Section 381.0201; Technical and support services.
The department shall establish certain technical and support programs to enable the county health departments and other public or private agencies to carry out the ...
- Florida Public Health Code Section 381.0202; Laboratory services.
(1) The department may establish and maintain, in suitable and convenient places in the state, laboratories for microbiological and chemical analyses and any other purposes ...
- Florida Public Health Code Section 381.0203; Pharmacy services.
(1) The department may contract on a statewide basis for the purchase of drugs, as defined in s. 499.003, to be used by state ...
- Florida Public Health Code Section 381.0204; Vital statistics.
The department shall provide for a statewide vital statistics program pursuant to chapter ...
- Florida Public Health Code Section 381.0205; Emergency medical services.
The department shall provide for a statewide emergency medical services program pursuant to chapters 395 and ...
- Florida Public Health Code Section 381.026; Florida Patient's Bill of Rights and Responsibilities.
(1) SHORT TITLE.--This section may be cited as the "Florida Patient's Bill of Rights and Responsibilities." (2) DEFINITIONS.--As used in this section ...
- Florida Public Health Code Section 381.0261; Summary of patient's bill of rights; distribution; penalty.
(1) The Agency for Health Care Administration shall have printed and made continuously available to health care facilities licensed under chapter 395, physicians licensed under ...
- Florida Public Health Code Section 381.0271; Florida Patient Safety Corporation.
(1) DEFINITIONS.--As used in this section, the term: (a) "Adverse incident" has the same meanings provided in ss. 395.0197, 458.351, and 459....
- Florida Public Health Code Section 381.0273; Public records exemption for patient safety data.
(1) Information that identifies a patient and that is contained in patient safety data, as defined in s. 766.1016, or in other records held ...
- Florida Public Health Code Section 381.028; Adverse medical incidents.
(1) SHORT TITLE.--This section may be cited as the "Patients' Right-to-Know About Adverse Medical Incidents Act." (2) PURPOSE.--It is the purpose ...
- Florida Public Health Code Section 381.0301; Education and resource development.
(1) The department shall foster the recruitment, retention, and continuing education and training of health professionals and managers needed to administer the public health mission. ...
- Florida Public Health Code Section 381.0302; Florida Health Services Corps.
(1) To encourage qualified medical professionals to practice in underserved locations where there are shortages of such personnel, the Legislature establishes the Florida Health Services ...
- Florida Public Health Code Section 381.0303; Special needs shelters.
(1) PURPOSE.--The purpose of this section is to provide for the operation and closure of special needs shelters and to designate the Department of ...
- Florida Public Health Code Section 381.04015; Women's Health Strategy; legislative intent; duties of Officer of Women's Health Strategy; other state agency duties.
(1) LEGISLATIVE INTENT.--The Legislature recognizes that the health care needs of women are gender-specific and that public policy must take into account the ...
- Florida Public Health Code Section 381.0402; Area health education center network.
The department, in cooperation with the state-approved medical schools in this state, shall organize an area health education center network based on earlier medically ...
- Florida Public Health Code Section 381.0403; The Community Hospital Education Act.
(1) SHORT TITLE.--This section shall be known and cited as "The Community Hospital Education Act." (2) LEGISLATIVE INTENT.-- (a) It is the intent of ...
- Florida Public Health Code Section 381.0404; Center for Health Technologies.
(1)(a) There is hereby established the Center for Health Technologies, to be located at and administered by a statutory teaching hospital located in Dade ...
- Florida Public Health Code Section 381.0405; Office of Rural Health.
(1) ESTABLISHMENT.--The Department of Health shall establish an Office of Rural Health. The Office of Rural Health shall coordinate its activities with the area ...
- Florida Public Health Code Section 381.0406; Rural health networks.
(1) LEGISLATIVE FINDINGS AND INTENT.-- (a) The Legislature finds that, in rural areas, access to health care is limited and the quality of health care ...
- Florida Public Health Code Section 381.04065; Rural health network cooperative agreements.
(1) INTENT.--It is the Legislature's intent that, to the extent necessary to foster the development of rural health networks as provided for in ...
- Florida Public Health Code Section 381.0407; Managed care and publicly funded primary care program coordination.
(1) SHORT TITLE.--This section may be cited as the "Managed Care and Publicly Funded Primary Care Program Coordination Act." (2) LEGISLATIVE FINDINGS AND INTENT.--...
- Florida Public Health Code Section 381.045; Hepatitis B or HIV carriers.
The Department of Health shall have the authority to establish procedures to handle, counsel, and provide other services to health care professionals licensed or certified ...
- Florida Public Health Code Section 381.0601; Self-derived and directed-donor blood programs.
(1) Any person residing in this state shall be entitled and allowed to participate in a program to donate his or her own blood, in ...
- Florida Public Health Code Section 381.06014; Blood establishments.
(1) As used in this section, the term "blood establishment" means any person, entity, or organization, operating within the state, which examines an individual for ...
- Florida Public Health Code Section 381.06015; Public Cord Blood Tissue Bank.
(1) There is established a statewide consortium to be known as the Public Cord Blood Tissue Bank. The Public Cord Blood Tissue Bank is established ...
- Florida Public Health Code Section 381.0605; Survey of state hospital facilities; Agency for Health Care Administration.
(1) The Agency for Health Care Administration is designated as the sole agency of the state to carry out the purposes of and administer the ...
- Florida Public Health Code Section 381.1001; Short title; Florida Community Health Protection Act.
Sections 381.1001-381.103 may be cited as the "Florida Community Health Protection ...
- Florida Public Health Code Section 381.1015; Community Environmental Health Program; creation; purposes.
(1) There is created the Community Environmental Health Program. The primary purpose of the program is to ensure the availability of public health services to ...
- Florida Public Health Code Section 381.102; Community Health pilot projects.
(1) The Legislature has determined that: (a) The state is committed to the economic, environmental, and public health revitalization of its communities; (b) Measures to ...
- Florida Public Health Code Section 381.103; Community Health Pilot Projects; duties of department.
To the extent feasible, the department may: (1) Assist the pilot projects in development and implementation of their community programs by acting as the granting ...
- Florida Public Health Code Section 381.60225; Background screening.
(1) Each applicant for certification must comply with the following requirements: (a) Upon receipt of a completed, signed, and dated application, the Agency for Health ...
- Florida Public Health Code Section 381.731; Strategic planning.
The Department of Health shall include population-based health-promotion strategies in the department's strategic plan developed under 1s. 186.021. The strategic plan ...
- Florida Public Health Code Section 381.732; Short title; Healthy Communities, Healthy People Act.
Sections 381.731-381.734 may be cited as the "Healthy Communities, Healthy People ...
- Florida Public Health Code Section 381.733; Definitions relating to Healthy Communities, Healthy People Act.
As used in ss. 381.731-381.734, the term: (1) "Department" means the Department of Health. (2) "Primary prevention" means interventions directed toward healthy ...
- Florida Public Health Code Section 381.734; Healthy Communities, Healthy People Program.
(1) The department shall develop and implement the Healthy Communities, Healthy People Program, a comprehensive and community-based health promotion and wellness program. The program ...
- Florida Public Health Code Section 381.7351; Short title; Closing the Gap Act.
Sections 381.7351-381.7356 may be cited as the "Reducing Racial and Ethnic Health Disparities: Closing the Gap ...
- Florida Public Health Code Section 381.7352; Legislative findings and intent.
(1) The Legislature finds that despite state investments in health care programs, certain racial and ethnic populations in Florida continue to have significantly poorer health ...
- Florida Public Health Code Section 381.7353; Reducing Racial and Ethnic Health Disparities: Closing the Gap grant program; administration; department duties.
(1) The Reducing Racial and Ethnic Health Disparities: Closing the Gap grant program shall be administered by the Department of Health. (2) The department shall: (...
- Florida Public Health Code Section 381.7354; Eligibility.
(1) Any person, entity, or organization within a county may apply for a Closing the Gap grant and may serve as the lead agency to ...
- Florida Public Health Code Section 381.7355; Project requirements; review criteria.
(1) Closing the Gap grant proposals shall be submitted to the Department of Health for review. (2) A proposal must include each of the following ...
- Florida Public Health Code Section 381.7356; Local matching funds; grant awards.
(1) One or more Closing the Gap grants may be awarded in a county, or in a group of adjoining counties from which a multicounty ...
- Florida Public Health Code Section 381.736; Florida Healthy People 2010 Program.
(1) The Department of Health shall, using existing resources, monitor and report Florida's status on the Healthy People 2010 goals and objectives currently tracked ...
- Florida Public Health Code Section 381.739; Short title; Charlie Mack Overstreet Brain or Spinal Cord Injuries Act.
Sections 381.739-381.79 may be cited as the "Charlie Mack Overstreet Brain or Spinal Cord Injuries ...
- Florida Public Health Code Section 381.7395; Legislative intent.
It is the intent of the Legislature to ensure the referral of individuals who have moderate-to-severe brain or spinal cord injuries to the ...
- Florida Public Health Code Section 381.74; Establishment and maintenance of a central registry.
The department shall establish and maintain a central registry of persons who have moderate-to-severe brain or spinal cord injuries. (1) Every public health ...
- Florida Public Health Code Section 381.745; Definitions; ss. 381.739-381.79.
As used in ss. 381.739-381.79, the term: (1) "Activity of daily living" means an activity required on a frequent basis which permits ...
- Florida Public Health Code Section 381.75; Duties and responsibilities of the department, of transitional living facilities, and of residents.
Consistent with the mandate of s. 381.7395, the department shall develop and administer a multilevel treatment program for individuals who sustain brain or spinal ...
- Florida Public Health Code Section 381.755; Benefits not assignable.
The right of an eligible individual to any services provided by the brain and spinal cord injury program is not transferable or assignable, and any ...
- Florida Public Health Code Section 381.76; Eligibility for the brain and spinal cord injury program.
(1) An individual shall be accepted as eligible for the brain and spinal cord injury program following certification by the department that the individual: (a) ...
- Florida Public Health Code Section 381.765; Retention of title to and disposal of equipment.
(1) The department may retain title to any property, tools, instruments, training supplies, equipment, or other items of value acquired for services provided under the ...
- Florida Public Health Code Section 381.77; Nursing home residents, age 55 and under; annual survey.
The department shall conduct an annual survey of nursing homes in the state to determine the number of persons 55 years of age and under ...
- Florida Public Health Code Section 381.775; Applicant and recipient records; confidential and privileged.
(1) All oral and written records, information, letters, and reports received, made, or maintained by the department relative to any applicant for or recipient of ...
- Florida Public Health Code Section 381.78; Advisory council on brain and spinal cord injuries.
(1) There is created within the department a 16-member advisory council on brain and spinal cord injuries. The council shall be composed of a ...
- Florida Public Health Code Section 381.785; Recovery of third-party payments for funded services.
(1) Third-party coverage for funded services constitutes primary coverage. (2) An applicant for or recipient of services funded under the brain and spinal cord ...
- Florida Public Health Code Section 381.79; Brain and Spinal Cord Injury Program Trust Fund.
(1) There is created in the State Treasury the Brain and Spinal Cord Injury Program Trust Fund. Moneys in the fund shall be appropriated to ...
- Florida Public Health Code Section 381.795; Long-term community-based supports.
The department shall, contingent upon specific appropriations for these purposes: (1) Study the long-term needs for community-based supports and services for individuals who ...
- Florida Public Health Code Section 381.815; Sickle-cell program.
The Department of Health shall, to the extent that resources are available: (1) Provide education to the citizens of Florida about sickle-cell disease. (2) ...
- Florida Public Health Code Section 381.83; Trade secrets; confidentiality.
Records, reports, or information obtained from any person under this chapter, unless otherwise provided by law, shall be available to the public, except upon a ...
- Florida Public Health Code Section 381.85; Biomedical and social research.
(1) SHORT TITLE; PURPOSE AND INTENT.-- (a) This section may be cited as the "Florida Biomedical and Social Research Act." (b) The purpose of this ...
- Florida Public Health Code Section 381.853; Florida Center for Brain Tumor Research.
(1) The Legislature finds that each year an estimated 190,000 citizens of the United States are diagnosed with cancerous and noncancerous brain tumors and ...
- Florida Public Health Code Section 381.8531; Florida Center for Brain Tumor Research; public records exemption.
(1) The following information held by the Florida Center for Brain Tumor Research is confidential and exempt from s. 119.07(1) and s. 24, ...
- Florida Public Health Code Section 381.855; Florida Center for Universal Research to Eradicate Disease.
(1) The Legislature finds that an estimated 128 million Americans suffer from acute, chronic, and degenerative diseases and that biomedical research is the key to ...
- Florida Public Health Code Section 381.86; Institutional Review Board.
(1) The Institutional Review Board is created within the Department of Health in order to satisfy federal requirements under 45 C.F.R. part 46 ...
- Florida Public Health Code Section 381.87; Osteoporosis prevention and education program.
(1) The Department of Health, using available federal funds, state funds appropriated for that purpose, or other available funding as provided for in this section, ...
- Florida Public Health Code Section 381.88; Insect sting emergency treatment.
(1) This section may be cited as the "Insect Sting Emergency Treatment Act." (2) The purpose of this section is to provide for the certification ...
- Florida Public Health Code Section 381.89; Regulation of tanning facilities.
(1) As used in this section: (a) "Tanning facility" means a place of business which provides access to a tanning device by customers. (b) "Department" ...
- Florida Public Health Code Section 381.895; Standards for compressed air used for recreational diving.
(1) The Department of Health shall establish maximum allowable levels for contaminants in compressed air used for recreational sport diving in this state. In developing ...
- Florida Public Health Code Section 381.90; Health Information Systems Council; legislative intent; creation, appointment, duties.
(1) The Legislature finds that it is in the state's interest to create a council consisting of executive-level managers for the state's ...
- Florida Public Health Code Section 381.91; Jessie Trice Cancer Prevention Program.
(1) It is the intent of the Legislature to: (a) Reduce the rates of illness and death from lung cancer and other cancers and improve ...
- Florida Public Health Code Section 381.911; Prostate Cancer Awareness Program.
(1) To the extent that funds are specifically made available for this purpose, the Prostate Cancer Awareness Program is established within the Department of Health. ...
- Florida Public Health Code Section 381.912; Cervical Cancer Elimination Task Force.
(1) Effective July 1, 2004, the Cervical Cancer Elimination Task Force is established for the purpose of recommending strategies and actions to reduce the costs ...
- Florida Public Health Code Section 381.92; Florida Cancer Council.
(1) Effective July 1, 2004, the Florida Cancer Council within the Department of Health is established for the purpose of making the state a center ...
- Florida Public Health Code Section 381.921; Florida Cancer Council mission and duties.
The council, which shall work in concert with the Florida Center for Universal Research to Eradicate Disease to ensure that the goals of the center ...
- Florida Public Health Code Section 381.922; William G. "Bill" Bankhead, Jr., and David Coley Cancer Research Program.
(1) The William G. "Bill" Bankhead, Jr., and David Coley Cancer Research Program, which may be otherwise cited as the "Bankhead-Coley Program," is created ...
- Florida Public Health Code Section 381.93; Breast and cervical cancer early detection program.
This section may be cited as the "Mary Brogan Breast and Cervical Cancer Early Detection Program Act." (1) It is the intent of the Legislature ...
- Florida Public Health Code Section 381.931; Annual report on Medicaid expenditures.
The Department of Health and the Agency for Health Care Administration shall monitor the total Medicaid expenditures for services made under this act. If Medicaid ...
- Florida Public Health Code Section 381.95; Medical facility information maintained for terrorism response purposes; confidentiality.
(1) Any information identifying or describing the name, location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities, or ...
- Florida Public Health Code Section 381.98; The Florida Public Health Foundation, Inc.; establishment; purpose; mission; duties; board of directors.
(1) The Florida Public Health Foundation, Inc., referred to in this section as "the corporation," is established for the purpose of disseminating breakthrough findings in ...
- Florida Public Health Code Section 381.981; Health awareness campaigns.
(1) The Florida Public Health Foundation, Inc., in consultation with the Department of Health, shall coordinate monthly health awareness campaigns with national, state, and local ...
- Florida Public Health Code Section 381.982; Short title.
This act may be cited as the "Lead Poisoning Prevention Screening and Education ...
- Florida Public Health Code Section 381.983; Definitions.
As used in this act, the term: (1) "Affected property" means a room or group of rooms within a property constructed before January 1, 1960, ...
- Florida Public Health Code Section 381.984; Educational programs.
(1) LEAD POISONING PREVENTION EDUCATIONAL PROGRAM ESTABLISHED.--In order to achieve the purposes of this act, a statewide, multifaceted, ongoing educational program designed to meet ...
- Florida Public Health Code Section 381.985; Screening program.
(1) The secretary shall establish a program for early identification of persons at risk of having elevated blood-lead levels. Such program shall systematically screen ...
- Florida Public Health Code Section 382.001; Short title.
This chapter shall be known and may be cited as the "Florida Vital Statistics ...
- Florida Public Health Code Section 382.002; Definitions.
As used in this chapter, the term: (1) "Certificate of birth resulting in stillbirth" means a certificate issued to record and memorialize the birth of ...
- Florida Public Health Code Section 382.003; Powers and duties of the department.
The department may: (1) Establish an Office of Vital Statistics under the direction of a State Registrar for the uniform and efficient registration, compilation, storage, ...
- Florida Public Health Code Section 382.004; Reproduction and destruction of records.
(1) The department is authorized to photograph, microphotograph, reproduce on film, or reproduce by electronic means vital records in such a manner that the data ...
- Florida Public Health Code Section 382.005; Duties of local registrars.
(1) Each local registrar is charged with the strict and thorough enforcement of the provisions of this chapter and rules adopted hereunder in his or ...
- Florida Public Health Code Section 382.006; Burial-transit permit.
(1) The funeral director who first assumes custody of a dead body or fetus must obtain a burial-transit permit prior to final disposition and ...
- Florida Public Health Code Section 382.007; Final dispositions prohibited without burial-transit permit; records of dead bodies disposed.
A person in charge of any premises on which final dispositions are made shall not inter or permit the interment or other disposition of any ...
- Florida Public Health Code Section 382.008; Death and fetal death registration.
(1) A certificate for each death and fetal death which occurs in this state shall be filed on a form prescribed by the department with ...
- Florida Public Health Code Section 382.0085; Stillbirth registration.
(1) For any stillborn child in this state, the department shall, within 60 days, issue a certificate of birth resulting in stillbirth upon the request ...
- Florida Public Health Code Section 382.009; Recognition of brain death under certain circumstances.
(1) For legal and medical purposes, where respiratory and circulatory functions are maintained by artificial means of support so as to preclude a determination that ...
- Florida Public Health Code Section 382.011; Medical examiner determination of cause of death.
(1) In the case of any death or fetal death due to causes or conditions listed in s. 406.11, or where the death occurred ...
- Florida Public Health Code Section 382.012; Presumptive death certificate.
(1) "Presumptive death" means a determination by a court of competent jurisdiction that: (a) A death of a resident of this state has occurred or ...
- Florida Public Health Code Section 382.013; Birth registration.
A certificate for each live birth that occurs in this state shall be filed within 5 days after such birth with the local registrar of ...
- Florida Public Health Code Section 382.0135; Social security numbers; enumeration-at-birth program.
The department shall make arrangements with the United States Social Security Administration to participate in the voluntary enumeration-at-birth program. The State Registrar is ...
- Florida Public Health Code Section 382.015; New certificates of live birth; duty of clerks of court and department.
The clerk of the court in which any proceeding for adoption, annulment of an adoption, affirmation of parental status, or determination of paternity is to ...
- Florida Public Health Code Section 382.016; Amendment of records.
The department, upon receipt of the fee prescribed in s. 382.0255; documentary evidence, as specified by rule, of any misstatement, error, or omission occurring ...
- Florida Public Health Code Section 382.017; Foreign births.
(1) Upon request, the department shall prepare and register a certificate of foreign birth for an adoptee born in a foreign country who is not ...
- Florida Public Health Code Section 382.019; Delayed registration; administrative procedures.
(1) Registration after 1 year is a delayed registration, and the department may, upon receipt of an application and the fee required under s. 382....
- Florida Public Health Code Section 382.0195; Court-issued delayed birth certificate.
(1) In addition to the provisions of s. 382.019, any state resident or person born in this state who does not have a birth ...
- Florida Public Health Code Section 382.021; Department to receive marriage licenses.
On or before the 5th day of each month, the county court judge or clerk of the circuit court shall transmit all original marriage licenses, ...
- Florida Public Health Code Section 382.022; Marriage application fees.
Upon the receipt of each application for the issuance of a marriage license, the county court judge or clerk of the circuit court shall, pursuant ...
- Florida Public Health Code Section 382.023; Department to receive dissolution-of-marriage records; fees.
Clerks of the circuit courts shall collect for their services at the time of the filing of a final judgment of dissolution of marriage a ...
- Florida Public Health Code Section 382.025; Certified copies of vital records; confidentiality; research.
(1) BIRTH RECORDS.--Except for birth records over 100 years old which are not under seal pursuant to court order, all birth records of this ...
- Florida Public Health Code Section 382.0255; Fees.
(1) The department is entitled to fees, as follows: (a) Not less than $3 or more than $5 for the first calendar year of records ...
- Florida Public Health Code Section 382.026; Penalties.
(1) Any person who willfully and knowingly makes any false statement in a certificate, record, or report required by this chapter, or in an application ...
- Florida Public Health Code Section 382.355; Birth records of missing children, registrars' duties.
The flagging of a missing child's birth certificate record and the procedures to be used when requests for the record are made shall be ...
- Florida Public Health Code Section 382.356; Protocol for sharing certain birth certificate information.
In order to facilitate the prosecution of offenses under s. 794.011, s. 794.05, s. 800.04, or s. 827.04(3), the Department ...
- Florida Public Health Code Section 382.357; Electronic filing of birth certificate information.
The Department of Health, Department of Revenue, Florida Hospital Association, Florida Association of Court Clerks, and one or more local registrars shall study the feasibility ...
- Florida Public Health Code Section 383.011; Administration of maternal and child health programs.
(1) The Department of Health is designated as the state agency for: (a) Administering or providing for maternal and child health services to provide periodic ...
- Florida Public Health Code Section 383.0115; The Commission on Marriage and Family Support Initiatives.
(1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature finds that: (a) Families in this state deserve respect and support. Children need support and guidance from both ...
- Florida Public Health Code Section 383.013; Prenatal care.
The Department of Health shall: (1) Provide a statewide prenatal care program for low-income pregnant women, which includes early, regular prenatal care by practitioners ...
- Florida Public Health Code Section 383.015; Breastfeeding.
The breastfeeding of a baby is an important and basic act of nurture which must be encouraged in the interests of maternal and child health ...
- Florida Public Health Code Section 383.016; Breastfeeding policy for "baby-friendly" facilities providing maternity services and newborn infant care.
A facility lawfully providing maternity services or newborn infant care may use the designation "baby-friendly" on its promotional materials if the facility has complied ...
- Florida Public Health Code Section 383.04; Prophylactic required for eyes of infants.
Every physician, midwife, or other person in attendance at the birth of a child in the state is required to instill or have instilled into ...
- Florida Public Health Code Section 383.06; Report of inflammation or discharge in infant's eyes.
Any person who shall nurse or attend any infant shall report any inflammation or unnatural discharge in the eyes of said child that shall develop ...
- Florida Public Health Code Section 383.07; Penalty for violation.
Any person who fails to comply with the provisions of ss. 383.04-383.06 shall be guilty of a misdemeanor of the second degree, ...
- Florida Public Health Code Section 383.11; Reports.
The laboratory report on the serological test shall be made on a form to be provided by the Department of Health. In submitting the sample ...
- Florida Public Health Code Section 383.13; Use of information by department.
The Department of Health shall be authorized to use the information derived from pregnancy serological tests for such followup procedures as are required by law ...
- Florida Public Health Code Section 383.14; Screening for metabolic disorders, other hereditary and congenital disorders, and environmental risk factors.
(1) SCREENING REQUIREMENTS.--To help ensure access to the maternal and child health care system, the Department of Health shall promote the screening of all ...
- Florida Public Health Code Section 383.145; Newborn and infant hearing screening.
(1) LEGISLATIVE INTENT.--The intent of this section is to provide a statewide comprehensive and coordinated interdisciplinary program of early hearing impairment screening, identification, and ...
- Florida Public Health Code Section 383.15; Legislative intent; perinatal intensive care services.
The Legislature finds and declares that many perinatal diseases and disabilities have debilitating, costly, and often fatal consequences if left untreated. Many of these debilitating ...
- Florida Public Health Code Section 383.16; Definitions; ss. 383.15-383.21.
As used in ss. 383.15-383.21, the term: (1) "Department" means the Department of Health. (2) "Regional perinatal intensive care center" or "center" ...
- Florida Public Health Code Section 383.17; Regional perinatal intensive care centers program; authority.
The department may contract with health care providers in establishing and maintaining centers in accordance with ss. 383.15-383.21. The cost of administering ...
- Florida Public Health Code Section 383.18; Contracts; conditions.
Participation in the regional perinatal intensive care centers program under ss. 383.15-383.21 is contingent upon the department entering into a contract with ...
- Florida Public Health Code Section 383.19; Standards; funding; ineligibility.
(1) The department shall adopt rules that specify standards for development and operation of a center which include, but are not limited to: (a) The ...
- Florida Public Health Code Section 383.21; Program review.
At least annually during the contract period, the department shall evaluate the services rendered by each center. The department shall submit an annual programmatic and ...
- Florida Public Health Code Section 383.216; Community-based prenatal and infant health care.
(1) The Department of Health shall cooperate with localities which wish to establish prenatal and infant health care coalitions, and shall acknowledge and incorporate, if ...
- Florida Public Health Code Section 383.2161; Maternal and child health report.
The Department of Health annually shall compile and analyze the risk information collected by the Office of Vital Statistics and the district prenatal and infant ...
- Florida Public Health Code Section 383.30; Birth Center Licensure Act; short title.
Sections 383.30-383.335 shall be known and may be cited as the "Birth Center Licensure ...
- Florida Public Health Code Section 383.301; Licensure and regulation of birth centers; legislative intent.
It is the intent of the Legislature to provide for the protection of public health and safety in the establishment, maintenance, and operation of birth ...
- Florida Public Health Code Section 383.302; Definitions of terms used in ss. 383.30-383.335.
As used in ss. 383.30-383.335, the term: (1) "Agency" means the Agency for Health Care Administration. (2) "Birth center" means any facility, ...
- Florida Public Health Code Section 383.304; Licensure requirement for birth centers.
(1) A person or governmental unit may not establish, conduct, or maintain a birth center in this state without first obtaining a license under s. ...
- Florida Public Health Code Section 383.305; Licensure; issuance, renewal, denial, suspension, revocation; fees; background screening.
(1)(a) Upon receipt of an application for a license and the license fee, the agency shall issue a license if the applicant and facility ...
- Florida Public Health Code Section 383.307; Administration of birth center.
(1) Each birth center shall have a governing body which is responsible for the overall operation and maintenance of the birth center. (a) The governing ...
- Florida Public Health Code Section 383.308; Birth center facility and equipment; requirements.
(1) A birth center shall be so designed to assure adequate provision for birthing rooms, bath and toilet facilities, storage areas for supplies and equipment, ...
- Florida Public Health Code Section 383.309; Minimum standards for birth centers; rules and enforcement.
(1) The agency shall adopt and enforce rules to administer ss. 383.30-383.335, which rules shall include, but are not limited to, reasonable ...
- Florida Public Health Code Section 383.31; Selection of clients; informed consent.
(1)(a) A birth center may accept only those patients who are expected to have normal pregnancies, labors, and deliveries. (b) The criteria for the ...
- Florida Public Health Code Section 383.3105; Patients consenting to adoptions; protocols.
(1) Each licensed facility shall adopt a protocol that at a minimum provides for facility staff to be knowledgeable of the waiting periods, revocation and ...
- Florida Public Health Code Section 383.311; Education and orientation for birth center clients and their families.
(1) The clients and their families shall be fully informed of the policies and procedures of the birth center, including, but not limited to, policies ...
- Florida Public Health Code Section 383.312; Prenatal care of birth center clients.
(1) A birth center shall ensure that its clients have adequate prenatal care, as defined by the agency, and shall ensure that serological tests are ...
- Florida Public Health Code Section 383.313; Performance of laboratory and surgical services; use of anesthetic and chemical agents.
(1) LABORATORY SERVICES.--A birth center may collect specimens for those tests that are requested under protocol. A birth center may perform simple laboratory tests, ...
- Florida Public Health Code Section 383.315; Agreements with consultants for advice or services; maintenance.
(1) A birth center shall maintain in writing a consultation agreement, signed within the current license year, with each consultant who has agreed to provide ...
- Florida Public Health Code Section 383.316; Transfer and transport of clients to hospitals.
(1) If unforeseen complications arise during labor, the client shall be transferred to a hospital. (2) Each licensed facility shall make arrangements with a local ...
- Florida Public Health Code Section 383.318; Postpartum care for birth center clients and infants.
(1) A mother and her infant shall be dismissed from the birth center within 24 hours after the birth of the infant, except in unusual ...
- Florida Public Health Code Section 383.32; Clinical records.
(1) Clinical records shall contain information prescribed by rule, including, but not limited to: (a) Identifying information. (b) Risk assessments. (c) Information relating to prenatal ...
- Florida Public Health Code Section 383.324; Inspections and investigations; inspection fees.
(1) The agency shall make or cause to be made such inspections and investigations as it deems necessary. (2) Each facility licensed under s. 383....
- Florida Public Health Code Section 383.325; Inspection reports.
(1) Each licensed facility shall maintain as public information, available upon request, records of all inspection reports pertaining to that facility which have been filed ...
- Florida Public Health Code Section 383.327; Birth and death records; reports.
(1) A completed certificate of birth shall be filed with the local registrar within 5 days of each birth in accordance with chapter 382. (2) ...
- Florida Public Health Code Section 383.33; Administrative penalties; emergency orders; moratorium on admissions.
(1)(a) The agency may deny, revoke, or suspend a license, or impose an administrative fine not to exceed $500 per violation per day, for ...
- Florida Public Health Code Section 383.331; Injunctive relief.
Notwithstanding the existence or pursuit of any other remedy, the agency may maintain an action in the name of the state for injunction or other ...
- Florida Public Health Code Section 383.332; Establishing, managing, or operating a birth center without a license; penalty.
Any person who establishes, conducts, manages, or operates any birth center facility without a license under s. 383.305 is guilty of a misdemeanor and, ...
- Florida Public Health Code Section 383.335; Partial exemptions.
(1) Any facility which was providing obstetrical and gynecological surgical services and was owned and operated by a board-certified obstetrician on June 15, 1984, ...
- Florida Public Health Code Section 383.336; Provider hospitals; practice parameters; peer review board.
(1) As used in this section, the term "provider hospital" means a hospital in which there annually occur 30 or more births that are paid ...
- Florida Public Health Code Section 383.3361; Limitations on civil and administrative liability.
Nothing in this act shall serve as the basis for any civil or administrative action, nor as evidence of a standard of care or compliance ...
- Florida Public Health Code Section 383.3362; Sudden Infant Death Syndrome.
(1) FINDINGS AND INTENT.--The Legislature recognizes that Sudden Infant Death Syndrome, or SIDS, is a leading cause of death among children under the age ...
- Florida Public Health Code Section 383.33625; Stephanie Saboor Grieving Parents Act; disposition of fetus; notification; forms developed.
(1) This section shall be known by the popular name the "Stephanie Saboor Grieving Parents Act." (2) A health care practitioner licensed pursuant to chapter ...
- Florida Public Health Code Section 383.402; Child abuse death review; State Child Abuse Death Review Committee; local child abuse death review committees.
(1) It is the intent of the Legislature to establish a statewide multidisciplinary, multiagency child abuse death assessment and prevention system that consists of state ...
- Florida Public Health Code Section 383.412; Public records and public meetings exemptions.
(1)(a) Any information that reveals the identity of the surviving siblings, family members, or others living in the home of a deceased child who ...
- Florida Public Health Code Section 383.50; Treatment of abandoned newborn infant.
(1) As used in this section, the term "newborn infant" means a child that a licensed physician reasonably believes to be approximately 3 days old ...
- Florida Public Health Code Section 383.51; Confidentiality; identification of parent leaving newborn infant at hospital, emergency medical services station, or fire station.
The identity of a parent who leaves a newborn infant at a hospital, emergency medical services station, or fire station in accordance with s. 383....
- Florida Public Health Code Section 384.21; Short title.
This chapter may be cited as the "Control of Sexually Transmissible Disease ...
- Florida Public Health Code Section 384.22; Findings; intent.
The Legislature finds and declares that sexually transmissible diseases constitute a serious and sometimes fatal threat to the public and individual health and welfare of ...
- Florida Public Health Code Section 384.23; Definitions.
(1) "Department" means the Department of Health. (2) "County health department" means agencies and entities as designated in chapter 154. (3) "Sexually transmissible disease" means ...
- Florida Public Health Code Section 384.24; Unlawful acts.
(1) It is unlawful for any person who has chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (...
- Florida Public Health Code Section 384.25; Reporting required.
(1) Each person who makes a diagnosis of or treats a person with a sexually transmissible disease and each laboratory that performs a test that ...
- Florida Public Health Code Section 384.26; Contact investigation.
(1) The department and its authorized representatives may interview, or cause to be interviewed, all persons infected or suspected of being infected with a sexually ...
- Florida Public Health Code Section 384.27; Physical examination and treatment.
(1) Subject to the provisions of subsections (3) and (4), the department and its authorized representatives may examine or cause to be examined persons suspected ...
- Florida Public Health Code Section 384.28; Hospitalization, placement, and residential isolation.
(1) Subject to the provisions of subsections (2) and (3), the department may petition the circuit court to order a person to be isolated, hospitalized, ...
- Florida Public Health Code Section 384.281; Prehearing detention.
(1) The department may file a petition before a circuit court requesting that a prehearing detention order be placed on a person when the department ...
- Florida Public Health Code Section 384.282; Naming of parties.
(1) When requesting an order from a circuit court under the provisions of s. 384.27, s. 384.28, or s. 384.281, the department ...
- Florida Public Health Code Section 384.283; Service of notice and processes; sheriff to deliver person to state program.
(1) All notices required to be given, all petitions and warrants, and all processes issued and all orders entered pursuant to ss. 384.27, 384....
- Florida Public Health Code Section 384.284; Forms to be developed.
The department shall develop and furnish to the circuit court all forms necessary under ss. 384.27, 384.28, and 384.281, and the court ...
- Florida Public Health Code Section 384.285; Right of appeal; immediate release.
(1) Any person who is aggrieved by the entry of an order under s. 384.27, s. 384.28, or s. 384.281 shall have ...
- Florida Public Health Code Section 384.286; Temporary leave.
Persons who have been hospitalized, placed in another health care or residential facility, or isolated in their residences may be granted a short-term temporary ...
- Florida Public Health Code Section 384.287; Screening for sexually transmissible disease.
(1) An officer as defined in s. 943.10(14); support personnel as defined in s. 943.10(11) who are employed by the Department ...
- Florida Public Health Code Section 384.288; Fees and other compensation; payment by board of county commissioners.
(1) For the services required to be performed under the provisions of ss. 384.27, 384.28, and 384.281, compensation shall be paid as ...
- Florida Public Health Code Section 384.29; Confidentiality.
(1) All information and records held by the department or its authorized representatives relating to known or suspected cases of sexually transmissible diseases are strictly ...
- Florida Public Health Code Section 384.30; Minors' consent to treatment.
(1) The department and its authorized representatives, each physician licensed to practice medicine under the provisions of chapter 458 or chapter 459, each health care ...
- Florida Public Health Code Section 384.31; Testing of pregnant women; duty of the attendant.
Every person, including every physician licensed under chapter 458 or chapter 459 or midwife licensed under part I of chapter 464 or chapter 467, attending ...
- Florida Public Health Code Section 384.32; Prisoners.
(1) The department and its authorized representatives may, at its discretion, enter any state, county, or municipal detention facility to interview, examine, and treat any ...
- Florida Public Health Code Section 384.33; Rules.
The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. The rules may include ...
- Florida Public Health Code Section 384.34; Penalties.
(1) Any person who violates the provisions of s. 384.24(1) commits a misdemeanor of the first degree, punishable as provided in s. 775....
- Florida Public Health Code Section 385.101; Short title.
Sections 385.101-385.103 may be cited as the "Chronic Diseases ...
- Florida Public Health Code Section 385.102; Legislative intent.
It is the finding of the Legislature that: (1) Chronic diseases exist in high proportions among the people of this state. These chronic diseases include, ...
- Florida Public Health Code Section 385.103; Community intervention programs.
(1) DEFINITIONS.--As used in this section, the term: (a) "Chronic disease prevention and control program" means a program including a combination of the following ...
- Florida Public Health Code Section 385.202; Statewide cancer registry.
(1) Each facility licensed under chapter 395 and each freestanding radiation therapy center as defined in s. 408.07 shall report to the Department of ...
- Florida Public Health Code Section 385.203; Diabetes Advisory Council; creation; function; membership.
(1) To guide a statewide comprehensive approach to diabetes prevention, diagnosis, education, care, treatment, impact, and costs thereof, there is created a Diabetes Advisory Council ...
- Florida Public Health Code Section 385.204; Insulin; purchase, distribution; penalty for fraudulent application for and obtaining of insulin.
(1) The Department of Health shall purchase and distribute insulin through its agents or other appropriate agent of the state or Federal Government in any ...
- Florida Public Health Code Section 385.206; Hematology-oncology care center program.
(1) DEFINITIONS.--As used in this section: (a) "Department" means the Department of Health. (b) "Hematology" means the study, diagnosis, and treatment of blood and ...
- Florida Public Health Code Section 385.207; Care and assistance of persons with epilepsy; establishment of programs in epilepsy control.
(1) The Legislature finds and intends that epilepsy is recognized as a developmental disability and a handicapping condition. The Legislature further intends that persons with ...
- Florida Public Health Code Section 385.210; Arthritis prevention and education.
(1) SHORT TITLE.--This act may be cited as the "Arthritis Prevention and Education Act." (2) LEGISLATIVE FINDINGS.--The Legislature finds the following: (a) Arthritis ...
- Florida Public Health Code Section 386.01; Sanitary nuisance.
A sanitary nuisance is the commission of any act, by an individual, municipality, organization, or corporation, or the keeping, maintaining, propagation, existence, or permission of ...
- Florida Public Health Code Section 386.02; Duty of Department of Health.
The Department of Health, upon request of the proper authorities, or of any three responsible resident citizens, or whenever it may seem necessary to the ...
- Florida Public Health Code Section 386.03; Notice to remove nuisances; authority of Department of Health and local health authorities.
(1) The Department of Health, upon determining the existence of anything or things herein declared to be nuisances by law, shall notify the person or ...
- Florida Public Health Code Section 386.041; Nuisances injurious to health.
(1) The following conditions existing, permitted, maintained, kept, or caused by any individual, municipal organization, or corporation, governmental or private, shall constitute prima facie evidence ...
- Florida Public Health Code Section 386.051; Nuisances injurious to health, penalty.
Any person found guilty of creating, keeping, or maintaining a nuisance injurious to health shall be guilty of a misdemeanor of the second degree, punishable ...
- Florida Public Health Code Section 386.201; Popular name.
This part may be cited by the popular name the "Florida Clean Indoor Air ...
- Florida Public Health Code Section 386.202; Legislative intent.
The purpose of this part is to protect people from the health hazards of secondhand tobacco smoke and to implement the Florida health initiative in ...
- Florida Public Health Code Section 386.203; Definitions.
As used in this part: (1) "Commercial" use of a private residence means any time during which the owner, lessee, or other person occupying or ...
- Florida Public Health Code Section 386.204; Prohibition.
A person may not smoke in an enclosed indoor workplace, except as otherwise provided in s. 386....
- Florida Public Health Code Section 386.2045; Enclosed indoor workplaces; specific exceptions.
Notwithstanding s. 386.204, tobacco smoking may be permitted in each of the following places: (1) PRIVATE RESIDENCE.--A private residence whenever it is not ...
- Florida Public Health Code Section 386.205; Customs smoking rooms.
A customs smoking room may be designated by the person in charge of an airport in-transit lounge under the authority and control of the ...
- Florida Public Health Code Section 386.206; Posting of signs; requiring policies.
(1) The proprietor or other person in charge of an enclosed indoor workplace must develop and implement a policy regarding the smoking prohibitions established in ...
- Florida Public Health Code Section 386.207; Administration; enforcement; civil penalties.
(1) The department or the Division of Hotels and Restaurants or the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional ...
- Florida Public Health Code Section 386.208; Penalties.
Any person who violates s. 386.204 commits a noncriminal violation as defined in s. 775.08(3), punishable by a fine of not more ...
- Florida Public Health Code Section 386.209; Regulation of smoking preempted to state.
This part expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the ...
- Florida Public Health Code Section 386.211; Public announcements in mass transportation terminals.
Announcements about the Florida Clean Indoor Air Act shall be made regularly over public address systems in terminals of public transportation carriers located in metropolitan ...
- Florida Public Health Code Section 386.212; Smoking prohibited near school property; penalty.
(1) It is unlawful for any person under 18 years of age to smoke tobacco in, on, or within 1,000 feet of the real ...
- Florida Public Health Code Section 386.2125; Rulemaking.
The department and the Department of Business and Professional Regulation, shall, in consultation with the State Fire Marshal, have the authority to adopt rules pursuant ...
- Florida Public Health Code Section 388.0101; Declaration of legislative intent.
It is declared to be the public policy of this state to achieve and maintain such levels of arthropod control as will protect human health ...
- Florida Public Health Code Section 388.011; Definitions.
As used in this chapter: (1) "Arthropod" means those insects of public health or nuisance importance, including all mosquitoes, midges, sand flies, dog flies, yellow ...
- Florida Public Health Code Section 388.021; Creation of mosquito control districts.
(1) The abatement or suppression of arthropods, whether disease-bearing or merely pestiferous, within any or all counties of this state is advisable and necessary ...
- Florida Public Health Code Section 388.101; District boards of commissioners; term of office.
(1) Following the creation of the district, and in the general election each 4 years thereafter, the district board of commissioners shall be elected on ...
- Florida Public Health Code Section 388.111; District boards of commissioners; vacancies.
In the event of a vacancy due to any cause in any board of commissioners, the same shall be filled by appointment by the Commissioner ...
- Florida Public Health Code Section 388.121; District boards of commissioners; organization.
As soon as practicable after such commissioners have been elected and qualified, they shall meet and organize by the election from among their number of ...
- Florida Public Health Code Section 388.131; Commissioners; bond.
The department may require each commissioner, before he or she assumes office, to give the Commissioner of Agriculture a bond, the cost thereof being borne ...
- Florida Public Health Code Section 388.141; Commissioners; compensation.
(1) Members of the board of commissioners of independent special tax districts may each be paid a salary to be determined by unanimous vote of ...
- Florida Public Health Code Section 388.151; District boards of commissioners; meetings.
All boards of commissioners shall hold regular monthly meetings, and special meetings as needed, in the courthouse or in the offices of the district. The ...
- Florida Public Health Code Section 388.161; District boards of commissioners; powers and duties.
(1) The board of commissioners may do any and all things necessary for the control and elimination of all species of mosquitoes and other arthropods ...
- Florida Public Health Code Section 388.162; Direction of the program.
The program shall be administered for the board of commissioners by a qualified person. The department shall establish minimum qualifications for employment of a director ...
- Florida Public Health Code Section 388.171; Power to perform work.
The board of commissioners may have any and all work performed by contract with or without advertisement, or without contract, by machinery, equipment, and labor ...
- Florida Public Health Code Section 388.181; Power to do all things necessary.
The respective districts of the state are hereby fully authorized to do and perform all things necessary to carry out the intent and purposes of ...
- Florida Public Health Code Section 388.191; Power of eminent domain.
The board of commissioners may hold, control, and acquire by gift or purchase for the use of the district, any real or personal property, and ...
- Florida Public Health Code Section 388.201; District budgets; hearing.
(1) The fiscal year of districts operating under the provisions of this chapter shall be the 12-month period extending from October 1 of one ...
- Florida Public Health Code Section 388.211; Change in district boundaries.
(1) The board of commissioners of any district formed prior to July 1, 1980, may, for and on behalf of the district or the qualified ...
- Florida Public Health Code Section 388.221; Tax levy.
(1) The board of commissioners of such district may levy upon all of the real and personal taxable property in said district a special tax ...
- Florida Public Health Code Section 388.231; Restrictions on use, loan, or rental of equipment; charges.
(1) Equipment purchased for use in control of mosquitoes and other arthropods and paid for with funds budgeted for arthropod control shall not be used ...
- Florida Public Health Code Section 388.241; Board of county commissioners vested with powers and duties of board of commissioners in certain counties.
In those counties where there has been no formation of a separate or special board of commissioners, all the rights, powers, and duties of a ...
- Florida Public Health Code Section 388.251; Delegation of authority to county health department.
The board of county commissioners may authorize the county health department to administer and direct arthropod control in the county provided by this chapter, upon ...
- Florida Public Health Code Section 388.261; State aid to counties and districts for arthropod control; distribution priorities and limitations.
(1) A county or district may, without contributing matching funds, receive state funds, supplies, services, or equipment in an amount of no more than $50,...
- Florida Public Health Code Section 388.271; Prerequisites to participation.
(1) When state funds are involved, it is the duty of the department to guide, review, approve, and coordinate the activities of all county governments ...
- Florida Public Health Code Section 388.281; Use of state matching funds.
(1) All funds, supplies, and services released to counties and districts hereunder shall be used in accordance with the detailed work plan and certified budget ...
- Florida Public Health Code Section 388.291; Source reduction measures; supervision by department.
(1) Any county or district may perform source reduction measures in conformity with good engineering practices in any area, provided that the department cooperating with ...
- Florida Public Health Code Section 388.301; Payment of state funds; supplies and services.
State funds shall be payable quarterly, in accordance with the rules of the department, upon requisition by the department to the Chief Financial Officer. The ...
- Florida Public Health Code Section 388.311; Carry over of state funds and local funds.
State and local funds budgeted for the control of mosquitoes and other arthropods shall be carried over at the end of the county or district'...
- Florida Public Health Code Section 388.321; Equipment to become property of the county or district.
All equipment purchased under this chapter with state funds made available directly to the county or district shall become the property of the county or ...
- Florida Public Health Code Section 388.322; Record and inventory of certain property.
A record and inventory of certain property owned by the district shall be maintained in accordance with s. 274....
- Florida Public Health Code Section 388.323; Disposal of surplus property.
Surplus property shall be disposed of according to the provisions set forth in s. 274.05 with the following exceptions: (1) Serviceable equipment no longer ...
- Florida Public Health Code Section 388.341; Reports of expenditures and accomplishments.
Each county and district participating under the provisions of this chapter shall within 30 days after the end of each month submit to the department ...
- Florida Public Health Code Section 388.351; Transfer of equipment, personnel, and supplies during an emergency.
The department, upon notifying a county or district and obtaining its approval, is authorized to transfer equipment, materials, and personnel from one district to another ...
- Florida Public Health Code Section 388.361; Department authority and rules; administration.
(1) This chapter and all rules adopted and promulgated hereunder shall be administered and enforced by the department. (2) The department shall adopt rules to ...
- Florida Public Health Code Section 388.3711; Enforcement.
(1) The department is empowered to enforce this chapter or its rules by commencing and maintaining all proper and necessary actions and proceedings, including, but ...
- Florida Public Health Code Section 388.381; Cooperation by counties and district.
Any county or district carrying on an arthropod control program may cooperate with another county, district, or municipality in carrying out a program for the ...
- Florida Public Health Code Section 388.391; Control measures in municipalities and portions of counties located outside boundaries of districts.
Any district whose operation is limited to a portion of the county in which it is located may perform any control measures authorized by this ...
- Florida Public Health Code Section 388.401; Penalty for damage to property or operations.
Whoever shall willfully damage any of the property of any county or district created under this or other chapters, or any works constructed, maintained, or ...
- Florida Public Health Code Section 388.4111; Public lands; arthropod control.
(1) It is declared to be in the best interests of the state that certain environmentally sensitive and biologically highly productive public lands owned by ...
- Florida Public Health Code Section 388.42; John A. Mulrennan, Sr., Arthropod Research Laboratory.
(1) The John A. Mulrennan, Sr., Arthropod Research Laboratory located in Panama City shall be a research laboratory under the administration of Florida Agricultural and ...
- Florida Public Health Code Section 388.43; Florida Medical Entomology Laboratory.
(1) The Florida Medical Entomology Laboratory, located in Vero Beach, shall be a research and training center for the state under the supervision of the ...
- Florida Public Health Code Section 388.45; Threat to public or animal health; declarations.
(1) The State Health Officer has the authority to declare that a threat to public health exists when the Department of Health discovers in the ...
- Florida Public Health Code Section 388.46; Florida Coordinating Council on Mosquito Control; establishment; membership; organization; responsibilities.
(1) ESTABLISHMENT OF COUNCIL; LEGISLATIVE INTENT.--It is declared to be in the best interest of the state that public agencies responsible for and involved ...
- Florida Public Health Code Section 390.011; Definitions.
As used in this chapter, the term: (1) "Abortion" means the termination of human pregnancy with an intention other than to produce a live birth ...
- Florida Public Health Code Section 390.0111; Termination of pregnancies.
(1) TERMINATION IN THIRD TRIMESTER; WHEN ALLOWED.--No termination of pregnancy shall be performed on any human being in the third trimester of pregnancy unless: (...
- Florida Public Health Code Section 390.01114; Parental Notice of Abortion Act.
(1) SHORT TITLE.--This section may be cited as the "Parental Notice of Abortion Act." (2) DEFINITIONS.--As used in this section, the term: (a) "...
- Florida Public Health Code Section 390.01116; Waiver of notice petition; confidentiality.
When a minor petitions a circuit court for a waiver, as provided in s. 390.01114, of the notice requirements pertaining to a minor seeking ...
- Florida Public Health Code Section 390.0112; Termination of pregnancies; reporting.
(1) The director of any medical facility in which any pregnancy is terminated shall submit a monthly report which contains the number of procedures performed, ...
- Florida Public Health Code Section 390.012; Powers of agency; rules; disposal of fetal remains.
(1) The agency shall have the authority to develop and enforce rules for the health, care, and treatment of persons in abortion clinics and for ...
- Florida Public Health Code Section 390.013; Effective date of rules.
Any abortion clinic which is in operation at the time of adoption of any applicable rule under this act shall be given a reasonable time ...
- Florida Public Health Code Section 390.014; Licenses; fees, display, etc.
(1) No abortion clinic shall operate in this state without a currently effective license issued by the agency. (2) A separate license shall be required ...
- Florida Public Health Code Section 390.015; Application for license.
(1) An application for a license to operate an abortion clinic shall be made to the agency on a form furnished by it for that ...
- Florida Public Health Code Section 390.016; Expiration of license; renewal.
(1) A license issued for the operation of an abortion clinic, unless sooner suspended or revoked, shall expire 1 year from the date of issuance. ...
- Florida Public Health Code Section 390.017; Grounds for suspension or revocation of license.
The license of an abortion clinic may be revoked, or may be suspended for a period not to exceed 2 years, or the agency may ...
- Florida Public Health Code Section 390.018; Administrative penalty in lieu of revocation or suspension.
If the agency finds that one or more grounds exist for the revocation or suspension of a license issued to an abortion clinic, the agency ...
- Florida Public Health Code Section 390.019; Inspections; investigations.
The agency shall make or shall cause to be made an inspection of an abortion clinic prior to licensing such clinic, and it shall make ...
- Florida Public Health Code Section 390.021; Injunction.
In addition to the other powers provided by this chapter, the agency may institute injunction proceedings in a court of competent jurisdiction to restrain or ...
- Florida Public Health Code Section 390.025; Abortion referral or counseling agencies; penalties.
(1) As used in this section, an "abortion referral or counseling agency" is any person, group, or organization, whether funded publicly or privately, that provides ...
- Florida Public Health Code Section 391.011; Short title.
The provisions of this chapter may be cited as the "Children's Medical Services ...
- Florida Public Health Code Section 391.016; Legislative intent.
The Legislature intends that the Children's Medical Services program: (1) Provide to children with special health care needs a family-centered, comprehensive, and coordinated ...
- Florida Public Health Code Section 391.021; Definitions.
When used in this act, unless the context clearly indicates otherwise: (1) "Children's Medical Services network" or "network" means a statewide managed care service ...
- Florida Public Health Code Section 391.025; Applicability and scope.
(1) The Children's Medical Services program consists of the following components: (a) The newborn screening program established in s. 383.14. (b) The regional ...
- Florida Public Health Code Section 391.026; Powers and duties of the department.
The department shall have the following powers, duties, and responsibilities: (1) To provide or contract for the provision of health services to eligible individuals. (2) ...
- Florida Public Health Code Section 391.028; Administration.
The Children's Medical Services program shall have a central office and area offices. (1) The Director of Children's Medical Services must be a ...
- Florida Public Health Code Section 391.029; Program eligibility.
(1) The department shall establish the medical criteria to determine if an applicant for the Children's Medical Services program is an eligible individual. (2) ...
- Florida Public Health Code Section 391.0315; Benefits.
Benefits provided under the program for children with special health care needs shall be the same benefits provided to children as specified in ss. 409....
- Florida Public Health Code Section 391.035; Provider qualifications.
(1) The department shall establish the criteria to designate health care providers to participate in the Children's Medical Services network. The department shall follow, ...
- Florida Public Health Code Section 391.037; Physicians; private sector services.
It is not a violation of s. 112.313(7) for a physician licensed under chapter 458 or chapter 459 who is providing private sector ...
- Florida Public Health Code Section 391.045; Reimbursement.
(1) The department shall reimburse health care providers for services rendered through the Children's Medical Services network using cost-effective methods, including, but not ...
- Florida Public Health Code Section 391.047; Third-party payments.
The Children's Medical Services program shall comply with s. 402.24, concerning third-party liabilities and recovery of third-party payments for health ...
- Florida Public Health Code Section 391.055; Service delivery systems.
(1) The program shall apply managed care methods to ensure the efficient operation of the Children's Medical Services network. Such methods include, but are ...
- Florida Public Health Code Section 391.065; Health care provider agreements.
The department is authorized to establish health care provider agreements for participation in the Children's Medical Services ...
- Florida Public Health Code Section 391.071; Quality of care requirements.
The Children's Medical Services program shall develop quality of care and service integration standards and reporting requirements for health care providers that participate in ...
- Florida Public Health Code Section 391.081; Grievance reporting and resolution requirements.
The department shall adopt and implement a system to provide assistance to eligible individuals and health care providers to resolve complaints and grievances. To the ...
- Florida Public Health Code Section 391.095; Program integrity.
The department shall operate a system to oversee the activities of Children's Medical Services program participants, and health care providers and their representatives, to ...
- Florida Public Health Code Section 391.097; Research and evaluation.
(1) The department may initiate, fund, and conduct research and evaluation projects to improve the delivery of children's medical services. The department may cooperate ...
- Florida Public Health Code Section 391.221; Statewide Children's Medical Services Network Advisory Council.
(1) The secretary of the department may appoint a Statewide Children's Medical Services Network Advisory Council for the purpose of acting as an advisory ...
- Florida Public Health Code Section 391.223; Technical advisory panels.
The secretary of the department may establish technical advisory panels to assist in developing specific policies and procedures for the Children's Medical Services ...
- Florida Public Health Code Section 391.301; Developmental evaluation and intervention programs; legislative findings and intent.
(1) The Legislature finds that the high-risk and disabled newborn infants in this state need in-hospital and outpatient developmental evaluation and intervention and ...
- Florida Public Health Code Section 391.302; Definitions.
As used in ss. 391.301-391.307, the term: (1) "Developmental intervention" means individualized therapies and services needed to enhance both the infant's ...
- Florida Public Health Code Section 391.303; Program requirements.
(1) Developmental evaluation and intervention services shall be established at each hospital that provides Level II or Level III neonatal intensive care services. Program services ...
- Florida Public Health Code Section 391.304; Program coordination.
(1) The Department of Health shall: (a) Develop a plan for statewide implementation of the developmental evaluation and intervention program. (b) Develop rules, procedures, and ...
- Florida Public Health Code Section 391.305; Program standards; rules.
The Department of Health shall adopt rules for the administration of the developmental evaluation and intervention program. The rules shall specify standards for the development ...
- Florida Public Health Code Section 391.306; Program funding; contracts.
Developmental evaluation and intervention programs shall be provided under a contract between the Department of Health and the provider and are subject to funding and ...
- Florida Public Health Code Section 391.307; Program review.
(1) At least annually during the contract period, the Department of Health shall evaluate each developmental evaluation and intervention program. The department shall develop criteria ...
- Florida Public Health Code Section 391.308; Infants and Toddlers Early Intervention Program.
The Department of Health may implement and administer part C of the federal Individuals with Disabilities Education Act (IDEA), which shall be known as the "...
- Florida Public Health Code Section 392.501; Short title.
This chapter may be cited as the "Tuberculosis Control ...
- Florida Public Health Code Section 392.51; Findings and intent.
The Legislature finds and declares that active tuberculosis is a highly contagious infection that is sometimes fatal and constitutes a serious threat to the public ...
- Florida Public Health Code Section 392.52; Definitions.
As used in this chapter, the term: (1) "Active tuberculosis" means tuberculosis disease that is demonstrated to be contagious by clinical or bacteriological evidence, or ...
- Florida Public Health Code Section 392.53; Reporting required.
(1) Each person who makes a diagnosis of tuberculosis or who treats a person with tuberculosis and each laboratory that performs a test on a ...
- Florida Public Health Code Section 392.54; Contact investigation.
(1) The department and its authorized agents may counsel and interview, or cause to be counseled and interviewed, any person who has active tuberculosis, who ...
- Florida Public Health Code Section 392.545; Naming of persons subject to proceedings.
(1) When requesting an order from a circuit court under the provisions of s. 392.55, s. 392.56, or s. 392.57, the department ...
- Florida Public Health Code Section 392.55; Physical examination and treatment.
(1) Subject to the provisions of subsections (3) and (4), the department and its authorized representatives may petition the circuit court to examine or cause ...
- Florida Public Health Code Section 392.56; Hospitalization, placement, and residential isolation.
(1) Subject to the provisions of subsections (2) and (3), the department may petition the circuit court to order a person who has active tuberculosis ...
- Florida Public Health Code Section 392.565; Execution of certificate for involuntary hold.
When a person who has active tuberculosis or who is reasonably suspected of having active tuberculosis presents to a physician licensed under chapter 458 or ...
- Florida Public Health Code Section 392.57; Emergency hold.
(1) The department may file a petition before a circuit court requesting that an emergency hold order be issued for a person if the department ...
- Florida Public Health Code Section 392.58; Service of notice and processes; duties of sheriff.
(1) All notices required to be given, warrants, petitions, processes issued, and orders entered pursuant to s. 392.55, s. 392.56, or s. 392....
- Florida Public Health Code Section 392.59; Forms to be developed.
The department shall develop and furnish to the court all forms necessary under ss. 392.55, 392.56, 392.565, and 392.57, and the ...
- Florida Public Health Code Section 392.60; Right of appeal; immediate release.
(1) Any person who is aggrieved by the entry of an order under s. 392.55, s. 392.56, or s. 392.57 shall have ...
- Florida Public Health Code Section 392.61; Community tuberculosis control programs.
(1) The department shall operate, directly or by contract, community tuberculosis control programs in each county in the state. (2) Community tuberculosis control programs shall ...
- Florida Public Health Code Section 392.62; Hospitalization and placement programs.
(1) The department shall operate a program for the hospitalization of persons who have active tuberculosis in hospitals licensed under chapter 395 and may provide ...
- Florida Public Health Code Section 392.63; Temporary leave.
Any person who has been hospitalized, placed in another health care facility or residential facility, or isolated in the home may be granted a short-...
- Florida Public Health Code Section 392.64; Adherence to treatment; treatment plan; penalties.
(1) The department, its authorized representatives, or a physician licensed under chapter 458 or chapter 459 shall prescribe an individualized treatment plan for each person ...
- Florida Public Health Code Section 392.65; Confidentiality.
(1) All information and records held by the department or its authorized representatives relating to known or suspected cases of tuberculosis or exposure to tuberculosis ...
- Florida Public Health Code Section 392.655; Prisoners.
(1) The department and its authorized representatives may, at its discretion, enter any state, county, or municipal detention facility to interview, examine, and treat any ...
- Florida Public Health Code Section 392.66; Rules.
The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this chapter. The rules must include requirements for tuberculosis ...
- Florida Public Health Code Section 392.67; Unlawful acts; penalties for violation.
(1) It is unlawful for any person who has active tuberculosis and who knows or has been informed of that fact to willfully expose other ...
- Florida Public Health Code Section 392.68; Fees and other compensation.
(1) For the services required to be performed under ss. 392.55, 392.56, 392.57, and 392.62, compensation shall be paid as follows: (...
- Florida Public Health Code Section 392.69; Appropriation, sinking, and maintenance trust funds; additional powers of the department.
(1) The Legislature shall include in its annual appropriations act a sufficient sum for the purpose of carrying out the provisions of this chapter. (2) ...
- Florida Public Health Code Section 393.002; Transfer of Florida Developmental Disabilities Council as formerly created in this chapter to private nonprofit corporation.
(1) The Governor, by executive order, shall designate a nonprofit corporation as the agency to receive federal funds to implement, on behalf of the State ...
- Florida Public Health Code Section 393.062; Legislative findings and declaration of intent.
The Legislature finds and declares that existing state programs for the treatment of individuals with developmental disabilities, which often unnecessarily place clients in institutions, are ...
- Florida Public Health Code Section 393.063; Definitions.
For the purposes of this chapter, the term: (1) "Agency" means the Agency for Persons with Disabilities. (2) "Adult day training" means training services which ...
- Florida Public Health Code Section 393.064; Prevention.
(1) The agency shall give priority to the development, planning, and implementation of programs which have the potential to prevent, correct, cure, or reduce the ...
- Florida Public Health Code Section 393.0641; Program for the prevention and treatment of severe self-injurious behavior.
(1) Contingent upon specific appropriations, there is created a diagnostic, treatment, training, and research program for clients exhibiting severe self-injurious behavior. As used in ...
- Florida Public Health Code Section 393.065; Application and eligibility determination.
(1) Application for services shall be made in writing to the agency, in the service area in which the applicant resides. The agency shall review ...
- Florida Public Health Code Section 393.0651; Family or individual support plan.
The agency shall provide directly or contract for the development of a family support plan for children ages 3 to 18 years of age and ...
- Florida Public Health Code Section 393.0654; Direct service providers; private sector services.
It is not a violation of s. 112.313(7) for a direct service provider who is employed by the agency to own, operate, or ...
- Florida Public Health Code Section 393.0655; Screening of direct service providers.
(1) MINIMUM STANDARDS.--The agency shall require level 2 employment screening pursuant to chapter 435 for direct service providers who are unrelated to their clients, ...
- Florida Public Health Code Section 393.0657; Persons not required to be refingerprinted or rescreened.
Persons who have undergone any portion of the background screening required under s. 393.0655 within the last 12 months are not required to repeat ...
- Florida Public Health Code Section 393.066; Community services and treatment.
(1) The agency shall plan, develop, organize, and implement its programs of services and treatment for persons with developmental disabilities to allow clients to live ...
- Florida Public Health Code Section 393.0661; Home and community-based services delivery system; comprehensive redesign.
The Legislature finds that the home and community-based services delivery system for persons with developmental disabilities and the availability of appropriated funds are two ...
- Florida Public Health Code Section 393.067; Facility licensure.
(1) The agency shall provide through its licensing authority and by rule license application procedures, provider qualifications, facility and client care standards, requirements for client ...
- Florida Public Health Code Section 393.0673; Denial, suspension, revocation of license; moratorium on admissions; administrative fines; procedures.
(1) The agency may deny, revoke, or suspend a license or impose an administrative fine, not to exceed $1,000 per violation per day, if ...
- Florida Public Health Code Section 393.0674; Penalties.
(1) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, ...
- Florida Public Health Code Section 393.0675; Injunctive proceedings authorized.
(1) The agency may institute injunctive proceedings in a court of competent jurisdiction to: (a) Enforce the provisions of this chapter or any minimum standard, ...
- Florida Public Health Code Section 393.0678; Receivership proceedings.
(1) The agency may petition a court of competent jurisdiction for the appointment of a receiver for a residential habilitation center or a group home ...
- Florida Public Health Code Section 393.068; Family care program.
(1) The family care program is established for the purpose of providing services and support to families and individuals with developmental disabilities in order to ...
- Florida Public Health Code Section 393.0695; Provision of in-home subsidies.
(1) The agency may pay in-home subsidies to clients enrolled in the family care program or supported living when it is determined to be ...
- Florida Public Health Code Section 393.071; Client fees.
The agency shall charge fees for services provided to clients in accordance with s. 402....
- Florida Public Health Code Section 393.075; General liability coverage.
(1) As used in this section, the term "children" means those persons under the age of 18 years. (2) The Division of Risk Management of ...
- Florida Public Health Code Section 393.11; Involuntary admission to residential services.
(1) JURISDICTION.--When a person is mentally retarded and requires involuntary admission to residential services provided by the agency, the circuit court of the county ...
- Florida Public Health Code Section 393.115; Discharge.
(1) DISCHARGE AT THE AGE OF MAJORITY.-- (a) When any residential client reaches his or her 18th birthday, the agency shall give the resident or ...
- Florida Public Health Code Section 393.12; Capacity; appointment of guardian advocate.
(1) CAPACITY.-- (a) The issue of capacity shall be separate and distinct from a determination of the appropriateness of admission to nonresidential services or residential ...
- Florida Public Health Code Section 393.122; Applications for continued residential services.
(1) If a client is discharged from residential services under the provisions of s. 393.115, application for needed services shall be encouraged. (2) A ...
- Florida Public Health Code Section 393.125; Hearing rights.
(1) REVIEW OF AGENCY DECISIONS.-- (a) Any developmental services applicant or client, or his or her parent, guardian, guardian advocate, or authorized representative, who has ...
- Florida Public Health Code Section 393.13; Treatment of persons with developmental disabilities.
(1) SHORT TITLE.--This section shall be known as "The Bill of Rights of Persons with Developmental Disabilities." (2) LEGISLATIVE INTENT.-- (a) The Legislature finds ...
- Florida Public Health Code Section 393.135; Sexual misconduct prohibited; reporting required; penalties.
(1) As used in this section, the term: (a) "Covered person" includes any employee, paid staff member, volunteer, or intern of the agency; any person ...
- Florida Public Health Code Section 393.15; Legislative intent; Community Resources Development Loan Program.
(1) The Legislature finds and declares that the development of community-based treatment facilities for persons with developmental disabilities is desirable and recommended and should ...
- Florida Public Health Code Section 393.17; Behavioral programs; certification of behavior analysts.
(1) The agency may establish a certification process for behavior analysts in order to ensure that only qualified employees and service providers provide behavioral analysis ...
- Florida Public Health Code Section 393.18; Comprehensive transitional education program.
A comprehensive transitional education program is a group of jointly operating centers or units, the collective purpose of which is to provide a sequential series ...
- Florida Public Health Code Section 393.22; Financial commitment to community services programs.
In order to ensure that whenever a number of persons move from an institution serving persons with developmental disabilities which is sufficient to allow an ...
- Florida Public Health Code Section 393.23; Developmental disabilities institutions; trust accounts.
All receipts from the operation of canteens, vending machines, hobby shops, sheltered workshops, activity centers, farming projects, and other like activities operated in a developmental ...
- Florida Public Health Code Section 393.501; Rulemaking.
(1) The agency may adopt rules pursuant to ss. 120.536(1) and 120.54 to carry out its statutory duties. (2) Such rules shall ...
- Florida Public Health Code Section 393.502; Family care councils.
(1) CREATION.--There shall be established and located within each service area of the agency a family care council. (2) MEMBERSHIP.-- (a) Each local family ...
- Florida Public Health Code Section 393.503; Respite and family care subsidy expenditures; funding.
The agency shall determine the amount of expenditures per fiscal year for the respite and family care subsidy to families and individuals with developmental disabilities ...
- Florida Public Health Code Section 393.506; Administration of medication.
(1) A direct service provider who is not currently licensed to administer medication may supervise the self-administration of medication or may administer oral, transdermal, ...
- Florida Public Health Code Section 394.451; Short title.
This part shall be known as "The Florida Mental Health Act" or "The Baker ...
- Florida Public Health Code Section 394.453; Legislative intent.
It is the intent of the Legislature to authorize and direct the Department of Children and Family Services to evaluate, research, plan, and recommend to ...
- Florida Public Health Code Section 394.455; Definitions.
As used in this part, unless the context clearly requires otherwise, the term: (1) "Administrator" means the chief administrative officer of a receiving or treatment ...
- Florida Public Health Code Section 394.457; Operation and administration.
(1) ADMINISTRATION.--The Department of Children and Family Services is designated the "Mental Health Authority" of Florida. The department and the Agency for Health Care ...
- Florida Public Health Code Section 394.4572; Screening of mental health personnel.
(1)(a) The department and the Agency for Health Care Administration shall require employment screening for mental health personnel using the standards for level 2 ...
- Florida Public Health Code Section 394.4573; Continuity of care management system; measures of performance; reports.
(1) For the purposes of this section: (a) "Case management" means those activities aimed at assessing client needs, planning services, linking the service system to ...
- Florida Public Health Code Section 394.4574; Department responsibilities for a mental health resident who resides in an assisted living facility that holds a limited mental health license.
(1) The term "mental health resident," for purposes of this section, means an individual who receives social security disability income due to a mental disorder ...
- Florida Public Health Code Section 394.458; Introduction or removal of certain articles unlawful; penalty.
(1)(a) Except as authorized by law or as specifically authorized by the person in charge of each hospital providing mental health services under this ...
- Florida Public Health Code Section 394.459; Rights of patients.
(1) RIGHT TO INDIVIDUAL DIGNITY.--It is the policy of this state that the individual dignity of the patient shall be respected at all times ...
- Florida Public Health Code Section 394.4593; Sexual misconduct prohibited; reporting required; penalties.
(1) As used in this section, the term: (a) "Employee" includes any paid staff member, volunteer, or intern of the department; any person under contract ...
- Florida Public Health Code Section 394.4595; Florida statewide and local advocacy councils; access to patients and records.
Any facility designated by the department as a receiving or treatment facility must allow access to any patient and the clinical and legal records of ...
- Florida Public Health Code Section 394.4597; Persons to be notified; patient's representative.
(1) VOLUNTARY PATIENTS.--At the time a patient is voluntarily admitted to a receiving or treatment facility, the identity and contact information of a person ...
- Florida Public Health Code Section 394.4598; Guardian advocate.
(1) The administrator may petition the court for the appointment of a guardian advocate based upon the opinion of a psychiatrist that the patient is ...
- Florida Public Health Code Section 394.4599; Notice.
(1) VOLUNTARY PATIENTS.--Notice of a voluntary patient's admission shall only be given at the request of the patient, except that in an emergency, ...
- Florida Public Health Code Section 394.460; Rights of professionals.
No professional referred to in this part shall be required to accept patients for treatment of mental, emotional, or behavioral disorders. Such participation shall be ...
- Florida Public Health Code Section 394.461; Designation of receiving and treatment facilities.
The department is authorized to designate and monitor receiving facilities and treatment facilities and may suspend or withdraw such designation for failure to comply with ...
- Florida Public Health Code Section 394.4615; Clinical records; confidentiality.
(1) A clinical record shall be maintained for each patient. The record shall include data pertaining to admission and such other information as may be ...
- Florida Public Health Code Section 394.462; Transportation.
(1) TRANSPORTATION TO A RECEIVING FACILITY.-- (a) Each county shall designate a single law enforcement agency within the county, or portions thereof, to take a ...
- Florida Public Health Code Section 394.4625; Voluntary admissions.
(1) AUTHORITY TO RECEIVE PATIENTS.-- (a) A facility may receive for observation, diagnosis, or treatment any person 18 years of age or older making application ...
- Florida Public Health Code Section 394.463; Involuntary examination.
(1) CRITERIA.--A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a ...
- Florida Public Health Code Section 394.4655; Involuntary outpatient placement.
(1) CRITERIA FOR INVOLUNTARY OUTPATIENT PLACEMENT.--A person may be ordered to involuntary outpatient placement upon a finding of the court that by clear and ...
- Florida Public Health Code Section 394.467; Involuntary inpatient placement.
(1) CRITERIA.--A person may be placed in involuntary inpatient placement for treatment upon a finding of the court by clear and convincing evidence that: (...
- Florida Public Health Code Section 394.46715; Rulemaking authority.
The Department of Children and Family Services shall have rulemaking authority to implement the provisions of ss. 394.455, 394.4598, 394.4615, 394.463, ...
- Florida Public Health Code Section 394.4672; Procedure for placement of veteran with federal agency.
(1) Whenever it is determined by the court that a person meets the criteria for involuntary placement and it appears that such person is eligible ...
- Florida Public Health Code Section 394.4674; Plan and report.
(1) The department is directed to develop a comprehensive plan for the deinstitutionalization of patients in a treatment facility who are over age 55 and ...
- Florida Public Health Code Section 394.468; Admission and discharge procedures.
Admission and discharge procedures and treatment policies of the department are governed solely by this part. Such procedures and policies shall not be subject to ...
- Florida Public Health Code Section 394.4685; Transfer of patients among facilities.
(1) TRANSFER BETWEEN PUBLIC FACILITIES.-- (a) A patient who has been admitted to a public receiving facility, or the family member, guardian, or guardian advocate ...
- Florida Public Health Code Section 394.469; Discharge of involuntary patients.
(1) POWER TO DISCHARGE.--At any time a patient is found to no longer meet the criteria for involuntary placement, the administrator shall: (a) Discharge ...
- Florida Public Health Code Section 394.473; Attorney's fee; expert witness fee.
(1) In the case of an indigent person for whom an attorney is appointed pursuant to the provisions of this part, the attorney shall be ...
- Florida Public Health Code Section 394.475; Acceptance, examination, and involuntary placement of Florida residents from out-of-state mental health authorities.
(1) Upon the request of the state mental health authority of another state, the department is authorized to accept as a patient, for a period ...
- Florida Public Health Code Section 394.4781; Residential care for psychotic and emotionally disturbed children.
(1) DEFINITIONS.--As used in this section: (a) "Psychotic or severely emotionally disturbed child" means a child so diagnosed by a psychiatrist or clinical psychologist ...
- Florida Public Health Code Section 394.4784; Minors; access to outpatient crisis intervention services and treatment.
For the purposes of this section, the disability of nonage is removed for any minor age 13 years or older to access services under the ...
- Florida Public Health Code Section 394.4785; Children and adolescents; admission and placement in mental facilities.
(1) A child or adolescent as defined in s. 394.492 may not be admitted to a state-owned or state-operated mental health treatment ...
- Florida Public Health Code Section 394.4786; Intent.
(1) The Legislature intends that all hospitals, excluding hospitals owned and operated by the department or the Department of Corrections, be assessed on a continuing ...
- Florida Public Health Code Section 394.47865; South Florida State Hospital; privatization.
(1) The Department of Children and Family Services shall, through a request for proposals, privatize South Florida State Hospital. The department shall plan to begin ...
- Florida Public Health Code Section 394.4787; Definitions; ss. 394.4786, 394.4787, 394.4788, and 394.4789.
As used in this section and ss. 394.4786, 394.4788, and 394.4789: (1) "Acute mental health services" means mental health services provided through ...
- Florida Public Health Code Section 394.4788; Use of certain PMATF funds for the purchase of acute care mental health services.
(1) A hospital may be eligible to be reimbursed an amount no greater than the hospital's previous year contribution to the PMATF for acute ...
- Florida Public Health Code Section 394.4789; Establishment of referral process and eligibility determination.
(1) The department shall adopt by rule a referral process which shall provide each participating specialty psychiatric hospital with a system for accepting into the ...
- Florida Public Health Code Section 394.479; Interstate Compact on Mental Health.
The Interstate Compact on Mental Health is hereby enacted into law and entered into by this state with all other states legally joining therein in ...
- Florida Public Health Code Section 394.480; Compact administrator.
Pursuant to said compact, the Secretary of Children and Family Services shall be the compact administrator who, acting jointly with like officers of other party ...
- Florida Public Health Code Section 394.481; Supplemental agreements with other states.
The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI ...
- Florida Public Health Code Section 394.482; Payment of financial obligations imposed by compact.
The compact administrator, subject to the approval of the Chief Financial Officer, may make or arrange for any payments necessary to discharge any financial obligations ...
- Florida Public Health Code Section 394.483; Authorized actions by administrator.
The compact administrator is hereby directed to consult with the immediate family representatives or guardian of any proposed transferee and, in the case of a ...
- Florida Public Health Code Section 394.484; Transmission of copies of act adopting compact.
Copies of this act shall upon its approval be transmitted by the Department of State to the governor of each state, the Attorney General and ...
- Florida Public Health Code Section 394.490; Short title.
Sections 394.490-394.497 may be cited as the "Comprehensive Child and Adolescent Mental Health Services ...
- Florida Public Health Code Section 394.491; Guiding principles for the child and adolescent mental health treatment and support system.
It is the intent of the Legislature that the following principles guide the development and implementation of the publicly funded child and adolescent mental health ...
- Florida Public Health Code Section 394.492; Definitions.
As used in ss. 394.490-394.497, the term: (1) "Adolescent" means a person who is at least 13 years of age but under ...
- Florida Public Health Code Section 394.493; Target populations for child and adolescent mental health services funded through the department.
(1) The child and adolescent mental health system of care funded through the Department of Children and Family Services shall serve, to the extent that ...
- Florida Public Health Code Section 394.494; General performance outcomes for the child and adolescent mental health treatment and support system.
(1) It is the intent of the Legislature that the child and adolescent mental health treatment and support system achieve the following performance outcomes within ...
- Florida Public Health Code Section 394.495; Child and adolescent mental health system of care; programs and services.
(1) The department shall establish, within available resources, an array of services to meet the individualized service and treatment needs of children and adolescents who ...
- Florida Public Health Code Section 394.496; Service planning.
(1) It is the intent of the Legislature that the service planning process: (a) Focus on individualized treatment and the service needs of the child ...
- Florida Public Health Code Section 394.497; Case management services.
(1) As used in this section, the term "case management" means those activities aimed at: (a) Developing and implementing a services plan specified in s. ...
- Florida Public Health Code Section 394.4985; Districtwide information and referral network; implementation.
(1) Each service district of the Department of Children and Family Services shall develop a detailed implementation plan for a districtwide comprehensive child and adolescent ...
- Florida Public Health Code Section 394.499; Integrated children's crisis stabilization unit/juvenile addictions receiving facility services.
(1) Beginning July 1, 2001, the Department of Children and Family Services, in consultation with the Agency for Health Care Administration, is authorized to establish ...
- Florida Public Health Code Section 394.4995; Conversion of specified facilities to children's behavioral crisis units; not required.
Nothing in 1s. 394.499 shall be construed to require an existing crisis stabilization unit or juvenile addictions receiving facility to convert to a children'...
- Florida Public Health Code Section 394.65; Short title.
This part may be cited as "The Community Substance Abuse and Mental Health Services ...
- Florida Public Health Code Section 394.655; The Substance Abuse and Mental Health Corporation; powers and duties; composition; evaluation and reporting requirements.
(1) It is the intent of the Legislature to provide substance abuse and mental health services that are coordinated and consistent throughout the state, that ...
- Florida Public Health Code Section 394.66; Legislative intent with respect to substance abuse and mental health services.
It is the intent of the Legislature to: (1) Ensure that a recovery and resiliency-based substance abuse and mental health system is implemented by ...
- Florida Public Health Code Section 394.67; Definitions.
As used in this part, the term: (1) "Agency" means the Agency for Health Care Administration. (2) "Applicant" means an individual applicant, or any officer, ...
- Florida Public Health Code Section 394.674; Clinical eligibility for publicly funded substance abuse and mental health services; fee collection requirements.
(1) To be eligible to receive substance abuse and mental health services funded by the department, a person must be a member of one of ...
- Florida Public Health Code Section 394.675; Substance abuse and mental health service system.
(1) A community-based system of comprehensive substance abuse and mental health services shall be established and shall include: (a) Crisis services. (b) Substance abuse ...
- Florida Public Health Code Section 394.676; Indigent psychiatric medication program.
(1) Within legislative appropriations, the department may establish the indigent psychiatric medication program to purchase psychiatric medications for persons as defined in s. 394.492(...
- Florida Public Health Code Section 394.73; Joint alcohol, drug abuse, and mental health service programs in two or more counties.
(1) Subject to rules established by the department, any county within a service district shall have the same power to contract for alcohol, drug abuse, ...
- Florida Public Health Code Section 394.74; Contracts for provision of local substance abuse and mental health programs.
(1) The department, when funds are available for such purposes, is authorized to contract for the establishment and operation of local substance abuse and mental ...
- Florida Public Health Code Section 394.741; Accreditation requirements for providers of behavioral health care services.
(1) As used in this section, the term "behavioral health care services" means mental health and substance abuse treatment services. (2) Notwithstanding any provision of ...
- Florida Public Health Code Section 394.745; Annual report; compliance of providers under contract with department.
By November 1 of each year, the Department of Children and Family Services shall submit a report to the President of the Senate and the ...
- Florida Public Health Code Section 394.75; State and district substance abuse and mental health plans.
(1)(a) Every 3 years, beginning in 2001, the department, in consultation with the Medicaid program in the Agency for Health Care Administration, shall prepare ...
- Florida Public Health Code Section 394.76; Financing of district programs and services.
If the local match funding level is not provided in the General Appropriations Act or the substantive bill implementing the General Appropriations Act, such funding ...
- Florida Public Health Code Section 394.77; Uniform management information, accounting, and reporting systems for providers.
The department shall establish, for the purposes of control of costs: (1) A uniform management information system and fiscal accounting system for use by providers ...
- Florida Public Health Code Section 394.78; Operation and administration; personnel standards; procedures for audit and monitoring of service providers; resolution of disputes.
(1)(a) The Department of Children and Family Services shall administer this part and shall adopt rules necessary for its administration. In addition to other ...
- Florida Public Health Code Section 394.80; Authorization to appropriate funds.
The several cities and counties of this state are authorized to appropriate funds to support all or any portion of the cost of services and ...
- Florida Public Health Code Section 394.82; Funding of expanded services.
(1) Pursuant to the General Appropriations Acts for the 2001-2002 and 2002-2003 fiscal years, funds appropriated to the Department of Children and Family ...
- Florida Public Health Code Section 394.875; Crisis stabilization units, residential treatment facilities, and residential treatment centers for children and adolescents; authorized services; license required; penalties.
(1)(a) The purpose of a crisis stabilization unit is to stabilize and redirect a client to the most appropriate and least restrictive community setting ...
- Florida Public Health Code Section 394.876; Applications.
(1) Any person desiring to be licensed under this chapter shall apply to the agency on forms provided by the agency. The application shall contain ...
- Florida Public Health Code Section 394.877; Fees.
(1) Each application for licensure or renewal must be accompanied by a fee set by the department, in consultation with the agency, by rule. Such ...
- Florida Public Health Code Section 394.878; Issuance and renewal of licenses.
(1) Upon review of the application for licensure and receipt of appropriate fees, the agency shall issue an original or renewal license to any applicant ...
- Florida Public Health Code Section 394.879; Rules; enforcement.
(1) The department, in consultation with the agency, shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of ...
- Florida Public Health Code Section 394.90; Inspection; right of entry; records.
(1)(a) The department and the agency may enter and inspect at any time a licensed facility to determine whether the facility is in compliance ...
- Florida Public Health Code Section 394.902; Denial, suspension, and revocation; other remedies.
(1) The agency may issue an emergency order suspending or revoking a license if the agency determines that the continued operation of the licensed facility ...
- Florida Public Health Code Section 394.903; Receivership proceedings.
(1) The agency, independently or in conjunction with the department may petition a court of competent jurisdiction for the appointment of a receiver for a ...
- Florida Public Health Code Section 394.904; Health Care Trust Fund.
There is created in the State Treasury the Health Care Trust Fund. All moneys collected by the agency pursuant to this chapter shall be deposited ...
- Florida Public Health Code Section 394.907; Community mental health centers; quality assurance programs.
(1) As used in this section, the term "community mental health center" means a publicly funded, not-for-profit center that contracts with the department ...
- Florida Public Health Code Section 394.908; Substance abuse and mental health funding equity; distribution of appropriations.
In recognition of the historical inequity in the funding of substance abuse and mental health services for the department's districts and regions and to ...
- Florida Public Health Code Section 394.9081; Target groups.
The Department of Children and Family Services shall revise its target groups for substance abuse and mental health services approved pursuant to 1s. 216.0166, ...
- Florida Public Health Code Section 394.9082; Behavioral health service delivery strategies.
(1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature finds that a management structure that places the responsibility for mental health and substance abuse treatment services within ...
- Florida Public Health Code Section 394.9083; Behavioral Health Services Integration Workgroup.
The Secretary of Children and Family Services shall establish the Behavioral Health Services Integration Workgroup, which, at a minimum, shall include representatives from the following: ...
- Florida Public Health Code Section 394.9084; Florida Self-Directed Care.
(1) The Department of Children and Family Services, in cooperation with the Agency for Health Care Administration, may develop a client-directed and choice-based ...
- Florida Public Health Code Section 394.9085; Behavioral provider liability.
(1)(a) In any negligence action for damages for personal injury or wrongful death arising out of the provision of services for crisis stabilization brought ...
- Florida Public Health Code Section 394.910; Legislative findings and intent.
The Legislature finds that a small but extremely dangerous number of sexually violent predators exist who do not have a mental disease or defect that ...
- Florida Public Health Code Section 394.911; Legislative intent.
The Legislature intends that persons who are subject to the civil commitment procedure for sexually violent predators under this part be subject to the procedures ...
- Florida Public Health Code Section 394.912; Definitions.
As used in this part, the term: (1) "Agency with jurisdiction" means the agency that releases, upon lawful order or authority, a person who is ...
- Florida Public Health Code Section 394.913; Notice to state attorney and multidisciplinary team of release of sexually violent predator; establishing multidisciplinary teams; information to be provided to multidisciplinary teams.
(1) The agency with jurisdiction over a person who has been convicted of a sexually violent offense shall give written notice to the multidisciplinary team, ...
- Florida Public Health Code Section 394.9135; Immediate releases from total confinement; transfer of person to department; time limitations on assessment, notification, and filing petition to hold in custody; filing petition after release.
(1) If the anticipated release from total confinement of a person who has been convicted of a sexually violent offense becomes immediate for any reason, ...
- Florida Public Health Code Section 394.914; Petition; contents.
Following receipt of the written assessment and recommendation from the multidisciplinary team, the state attorney, in accordance with s. 394.913, may file a petition ...
- Florida Public Health Code Section 394.915; Determination of probable cause; hearing; evaluation; respondent taken into custody; bail.
(1) When the state attorney files a petition seeking to have a person declared a sexually violent predator, the judge shall determine whether probable cause ...
- Florida Public Health Code Section 394.9151; Contract authority.
The Department of Children and Family Services may contract with a private entity or state agency for use of and operation of facilities to comply ...
- Florida Public Health Code Section 394.9155; Rules of procedure and evidence.
In all civil commitment proceedings for sexually violent predators under this part, the following shall apply: (1) The Florida Rules of Civil Procedure apply unless ...
- Florida Public Health Code Section 394.916; Trial; counsel and experts; indigent persons; jury.
(1) Within 30 days after the determination of probable cause, the court shall conduct a trial to determine whether the person is a sexually violent ...
- Florida Public Health Code Section 394.917; Determination; commitment procedure; mistrials; housing; counsel and costs in indigent appellate cases.
(1) The court or jury shall determine by clear and convincing evidence whether the person is a sexually violent predator. If the determination is made ...
- Florida Public Health Code Section 394.918; Examinations; notice; court hearings for release of committed persons; burden of proof.
(1) A person committed under this part shall have an examination of his or her mental condition once every year or more frequently at the ...
- Florida Public Health Code Section 394.919; Authorized petition for release; procedure.
(1) If the secretary or the secretary's designee at any time determines that the person is not likely to commit acts of sexual violence ...
- Florida Public Health Code Section 394.920; Petition for release.
A person is not prohibited from filing a petition for discharge at any time after commitment under this part. However, if the person has previously ...
- Florida Public Health Code Section 394.921; Release of records to agencies, multidisciplinary teams, and state attorney.
(1) In order to protect the public, relevant information and records that are otherwise confidential or privileged shall be released to the agency with jurisdiction, ...
- Florida Public Health Code Section 394.9215; Right to habeas corpus.
(1)(a) At any time after exhausting all administrative remedies, a person held in a secure facility under this part may file a petition for ...
- Florida Public Health Code Section 394.922; Constitutional requirements.
The long-term control, care, and treatment of a person committed under this part must conform to constitutional ...
- Florida Public Health Code Section 394.923; Immunity from civil liability.
The agency with jurisdiction and its officers and employees; the department and its officers and employees; members of the multidisciplinary team; the state attorney and ...
- Florida Public Health Code Section 394.924; Severability.
If any section, subsection, or provision of this part is held to be unconstitutional or invalid by a court of competent jurisdiction, the remaining portions ...
- Florida Public Health Code Section 394.925; Applicability of act.
This part applies to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s. ...
- Florida Public Health Code Section 394.926; Notice to victims of release of persons committed as sexually violent predators; notice to Department of Corrections and Parole Commission.
(1) As soon as is practicable, the department shall give written notice of the release of a person committed as a sexually violent predator to ...
- Florida Public Health Code Section 394.927; Escape while in lawful custody; notice to victim; notice to the Department of Corrections and Parole Commission.
(1) A person who is held in lawful custody pursuant to a judicial finding of probable cause under s. 394.915 or pursuant to a ...
- Florida Public Health Code Section 394.928; Subsistence fees and costs of treatment.
(1) In recognition of the fact that persons committed under this part may have sources of income and assets, which may include bank accounts, inheritances, ...
- Florida Public Health Code Section 394.929; Program costs.
The Department of Children and Family Services is responsible for all costs relating to the evaluation and treatment of persons committed to the department's ...
- Florida Public Health Code Section 394.930; Authority to adopt rules.
The Department of Children and Family Services shall adopt rules for: (1) Procedures that must be followed by members of the multidisciplinary teams when assessing ...
- Florida Public Health Code Section 394.931; Quarterly reports.
Beginning July 1, 1999, the Department of Corrections shall collect information and compile quarterly reports with statistics profiling inmates released the previous quarter who fit ...
- Florida Public Health Code Section 394.932; Registry of experts.
The Justice Administrative Commission shall maintain a registry of mental health and other experts who are available and willing to provide examinations and expert testimony ...
- Florida Public Health Code Section 395.001; Legislative intent.
It is the intent of the Legislature to provide for the protection of public health and safety in the establishment, construction, maintenance, and operation of ...
- Florida Public Health Code Section 395.002; Definitions.
As used in this chapter: (1) "Accrediting organizations" means the Joint Commission on Accreditation of Healthcare Organizations, the American Osteopathic Association, the Commission on Accreditation ...
- Florida Public Health Code Section 395.003; Licensure; issuance, renewal, denial, modification, suspension, and revocation.
(1)(a) A person may not establish, conduct, or maintain a hospital, ambulatory surgical center, or mobile surgical facility in this state without first obtaining ...
- Florida Public Health Code Section 395.004; Application for license, fees; expenses.
(1) An application for a license or renewal thereof shall be made under oath to the agency, upon forms provided by it, and shall contain ...
- Florida Public Health Code Section 395.0055; Background screening.
Each applicant for licensure must comply with the following requirements: (1) Upon receipt of a completed, signed, and dated application, the agency shall require background ...
- Florida Public Health Code Section 395.0056; Litigation notice requirement.
Upon receipt of a copy of a complaint filed against a hospital as a defendant in a medical malpractice action as required by s. 766....
- Florida Public Health Code Section 395.009; Minimum standards for clinical laboratory test results and diagnostic X-ray results; prerequisite for issuance or renewal of license.
(1) As a requirement for issuance or renewal of its license, each licensed facility shall require that all clinical laboratory tests performed by or for ...
- Florida Public Health Code Section 395.0161; Licensure inspection.
(1) The agency shall make or cause to be made such inspections and investigations as it deems necessary, including: (a) Inspections directed by the Health ...
- Florida Public Health Code Section 395.0162; Inspection reports.
(1) Each licensed facility shall maintain as public information, available upon request, records of all inspection reports pertaining to that facility. Copies of such reports ...
- Florida Public Health Code Section 395.0163; Construction inspections; plan submission and approval; fees.
(1)(a) The design, construction, erection, alteration, modification, repair, and demolition of all public and private health care facilities are governed by the Florida Building ...
- Florida Public Health Code Section 395.0185; Rebates prohibited; penalties.
(1) It is unlawful for any person to pay or receive any commission, bonus, kickback, or rebate or engage in any split-fee arrangement, in ...
- Florida Public Health Code Section 395.0191; Staff membership and clinical privileges.
(1) No licensed facility, in considering and acting upon an application for staff membership or clinical privileges, shall deny the application of a qualified doctor ...
- Florida Public Health Code Section 395.0193; Licensed facilities; peer review; disciplinary powers; agency or partnership with physicians.
(1) It is the intent of the Legislature that good faith participants in the process of investigating and disciplining physicians pursuant to the state-mandated ...
- Florida Public Health Code Section 395.0195; Access of chiropractic physicians to diagnostic reports.
Each hospital shall set standards and procedures which provide for reasonable access by licensed chiropractic physicians to the reports of diagnostic X rays and laboratory ...
- Florida Public Health Code Section 395.0197; Internal risk management program.
(1) Every licensed facility shall, as a part of its administrative functions, establish an internal risk management program that includes all of the following components: (...
- Florida Public Health Code Section 395.0199; Private utilization review.
(1) The purpose of this section is to: (a) Promote the delivery of quality health care in a cost-effective manner. (b) Foster greater coordination ...
- Florida Public Health Code Section 395.1011; Identification, segregation, and separation of biomedical waste.
Each licensed facility shall comply with the requirements contained in s. 381.0098. Any transporter or potential transporter of such waste shall be notified of ...
- Florida Public Health Code Section 395.1012; Patient safety.
(1) Each licensed facility must adopt a patient safety plan. A plan adopted to implement the requirements of 42 C.F.R. part 482.21 ...
- Florida Public Health Code Section 395.1021; Treatment of sexual assault victims.
Any licensed facility which provides emergency room services shall arrange for the rendering of appropriate medical attention and treatment of victims of sexual assault through: (...
- Florida Public Health Code Section 395.1023; Child abuse and neglect cases; duties.
Each licensed facility shall adopt a protocol that, at a minimum, requires the facility to: (1) Incorporate a facility policy that every staff member has ...
- Florida Public Health Code Section 395.1024; Patients consenting to adoptions; protocols.
(1) Each licensed facility shall adopt a protocol that at a minimum provides for facility staff to be knowledgeable of the waiting periods, revocation and ...
- Florida Public Health Code Section 395.1025; Infectious diseases; notification.
Notwithstanding the provisions in s. 381.004, if, while treating or transporting an ill or injured patient to a licensed facility, an emergency medical technician, ...
- Florida Public Health Code Section 395.1027; Regional poison control centers.
(1) There shall be created three certified regional poison control centers, one each in the north, central, and southern regions of the state. Each regional ...
- Florida Public Health Code Section 395.1031; Emergency medical services; communication.
Each licensed hospital with an emergency department must be capable of communicating by two-way radio with all ground-based basic life support service vehicles ...
- Florida Public Health Code Section 395.1041; Access to emergency services and care.
(1) LEGISLATIVE INTENT.--The Legislature finds and declares it to be of vital importance that emergency services and care be provided by hospitals and physicians ...
- Florida Public Health Code Section 395.1046; Complaint investigation procedures.
(1) The agency shall investigate any complaint against a hospital for any violation of s. 395.1041 that the agency reasonably believes to be legally ...
- Florida Public Health Code Section 395.1051; Duty to notify patients.
An appropriately trained person designated by each licensed facility shall inform each patient, or an individual identified pursuant to s. 765.401(1), in person ...
- Florida Public Health Code Section 395.1055; Rules and enforcement.
(1) The agency shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part, which shall include ...
- Florida Public Health Code Section 395.1056; Plan components addressing a hospital's response to terrorism; public records exemption; public meetings exemption.
(1)(a) Those portions of a comprehensive emergency management plan that address the response of a public or private hospital to an act of terrorism ...
- Florida Public Health Code Section 395.1065; Criminal and administrative penalties; injunctions; emergency orders; moratorium.
(1) Any person establishing, conducting, managing, or operating any facility without a license under this part is guilty of a misdemeanor and, upon conviction, shall ...
- Florida Public Health Code Section 395.10971; Purpose.
The Legislature finds that control and prevention of medical accidents and injuries is a significant public health and safety concern. An essential method of controlling ...
- Florida Public Health Code Section 395.10972; Health Care Risk Manager Advisory Council.
The Secretary of Health Care Administration may appoint a seven-member advisory council to advise the agency on matters pertaining to health care risk managers. ...
- Florida Public Health Code Section 395.10973; Powers and duties of the agency.
It is the function of the agency to: (1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of ...
- Florida Public Health Code Section 395.10974; Health care risk managers; qualifications, licensure, fees.
(1) Any person desiring to be licensed as a health care risk manager shall submit an application on a form provided by the agency. In ...
- Florida Public Health Code Section 395.10975; Grounds for denial, suspension, or revocation of a health care risk manager's license; administrative fine.
(1) The agency may, in its discretion, deny, suspend, revoke, or refuse to renew or continue the license of any health care risk manager or ...
- Florida Public Health Code Section 395.2050; Routine inquiry for organ and tissue donation; certification for procurement activities; death records review.
(1) Every general hospital, and every specialty hospital that offers the range of medical services offered by a general hospital but only to a portion ...
- Florida Public Health Code Section 395.301; Itemized patient bill; form and content prescribed by the agency.
(1) A licensed facility not operated by the state shall notify each patient during admission and at discharge of his or her right to receive ...
- Florida Public Health Code Section 395.3015; Patient records; form and content.
Each hospital operated by the agency or by the Department of Corrections shall require the use of a system of problem-oriented medical records for ...
- Florida Public Health Code Section 395.302; Patient records; penalties for alteration.
(1) Any person who fraudulently alters, defaces, or falsifies any medical record, or causes or procures any of these offenses to be committed, commits a ...
- Florida Public Health Code Section 395.3025; Patient and personnel records; copies; examination.
(1) Any licensed facility shall, upon written request, and only after discharge of the patient, furnish, in a timely manner, without delays for legal review, ...
- Florida Public Health Code Section 395.3035; Confidentiality of hospital records and meetings.
(1) All meetings of a governing board of a public hospital and all public hospital records shall be open and available to the public in ...
- Florida Public Health Code Section 395.3036; Confidentiality of records and meetings of corporations that lease public hospitals or other public health care facilities.
The records of a private corporation that leases a public hospital or other public health care facility are confidential and exempt from the provisions of ...
- Florida Public Health Code Section 395.3037; Definitions.
As used in this act, the term: (1) "Department" means the Department of Health. (2) "Agency" means the Agency for Health Care ...
- Florida Public Health Code Section 395.3038; State-listed primary stroke centers and comprehensive stroke centers; notification of hospitals.
(1) The agency shall make available on its website and to the department a list of the name and address of each hospital that meets ...
- Florida Public Health Code Section 395.3039; Advertising restrictions.
A person may not advertise to the public, by way of any medium whatsoever, that a hospital is a state-listed primary or comprehensive stroke ...
- Florida Public Health Code Section 395.3041; Emergency medical services providers; triage and transportation of stroke victims to a stroke center.
(1) By June 1 of each year, the department shall send the list of primary stroke centers and comprehensive stroke centers to the medical director ...
- Florida Public Health Code Section 395.40; Legislative findings and intent.
(1) The Legislature finds that there has been a lack of timely access to trauma care due to the state's fragmented trauma system. This ...
- Florida Public Health Code Section 395.4001; Definitions.
As used in this part, the term: (1) "Agency" means the Agency for Health Care Administration. (2) "Charity care" or "uncompensated trauma care" means that ...
- Florida Public Health Code Section 395.401; Trauma services system plans; approval of trauma centers and pediatric trauma centers; procedures; renewal.
(1)(a) The local and regional trauma agencies shall plan, implement, and evaluate trauma services systems, in accordance with this section and ss. 395.4015, ...
- Florida Public Health Code Section 395.4015; State regional trauma planning; trauma regions.
(1) The department shall establish a state trauma system plan. As part of the state trauma system plan, the department shall establish trauma regions that ...
- Florida Public Health Code Section 395.402; Trauma service areas; number and location of trauma centers.
(1) The Legislature recognizes the need for a statewide, cohesive, uniform, and integrated trauma system. Within the trauma service areas, Level I and Level II ...
- Florida Public Health Code Section 395.4025; Trauma centers; selection; quality assurance; records.
(1) For purposes of developing a system of trauma centers, the department shall use the 19 trauma service areas established in s. 395.402. Within ...
- Florida Public Health Code Section 395.403; Reimbursement of trauma centers.
(1) All provisional trauma centers and trauma centers shall be considered eligible to receive state funding when state funds are specifically appropriated for state-sponsored ...
- Florida Public Health Code Section 395.4036; Trauma payments.
(1) Recognizing the Legislature's stated intent to provide financial support to the current verified trauma centers and to provide incentives for the establishment of ...
- Florida Public Health Code Section 395.404; Review of trauma registry data; report to central registry; confidentiality and limited release.
(1)(a) Each trauma center shall furnish, and, upon request of the department, all acute care hospitals shall furnish for department review trauma registry data ...
- Florida Public Health Code Section 395.4045; Emergency medical service providers; trauma transport protocols; transport of trauma alert victims to trauma centers; interfacility transfer.
(1) Each emergency medical services provider licensed under chapter 401 shall transport trauma alert victims to hospitals approved as trauma centers, except as may be ...
- Florida Public Health Code Section 395.405; Rulemaking.
The department shall adopt and enforce all rules necessary to administer ss. 395.0199, 395.401, 395.4015, 395.402, 395.4025, 395.403, 395....
- Florida Public Health Code Section 395.50; Quality assurance activities of trauma agencies.
(1) As used in this section, the term "entity" means a local trauma agency or a regional trauma agency that performs quality assurance activities, or ...
- Florida Public Health Code Section 395.51; Confidentiality and quality assurance activities of trauma agencies.
(1) All information which is confidential by operation of law and which is obtained by a local or regional trauma agency or a panel or ...
- Florida Public Health Code Section 395.602; Rural hospitals.
(1) LEGISLATIVE FINDINGS AND INTENT.-- (a) The Legislature finds that rural hospitals are the nucleus or "backbone" of rural health care systems. Public health programs ...
- Florida Public Health Code Section 395.6025; Rural hospital replacement facilities.
Notwithstanding the provisions of s. 408.036, a hospital defined as a statutory rural hospital in accordance with s. 395.602, or a not-for-...
- Florida Public Health Code Section 395.603; Deactivation of general hospital beds; rural hospital impact statement.
(1) The agency shall establish, by rule, a process by which a rural hospital, as defined in s. 395.602, that seeks licensure as a ...
- Florida Public Health Code Section 395.604; Other rural hospital programs.
(1) The agency may license rural primary care hospitals subject to federal approval for participation in the Medicare and Medicaid programs. Rural primary care hospitals ...
- Florida Public Health Code Section 395.605; Emergency care hospitals.
(1) Only rural hospitals meeting the criteria in s. 395.602(2)(e) may be licensed as emergency care hospitals. (2) For the purpose of ...
- Florida Public Health Code Section 395.6061; Rural hospital capital improvement.
There is established a rural hospital capital improvement grant program. (1) A rural hospital as defined in s. 395.602 may apply to the department ...
- Florida Public Health Code Section 395.701; Annual assessments on net operating revenues for inpatient and outpatient services to fund public medical assistance; administrative fines for failure to pay assessments when due; exemption.
(1) For the purposes of this section, the term: (a) "Agency" means the Agency for Health Care Administration. (b) "Gross operating revenue" or "gross revenue" ...
- Florida Public Health Code Section 395.7015; Annual assessment on health care entities.
(1) For purposes of this section, the term: (a) "Net operating revenue" means gross revenue less deductions from revenue. (b) "Gross revenue" means the sum ...
- Florida Public Health Code Section 395.7016; Annual appropriation.
The Legislature shall appropriate each fiscal year from either the General Revenue Fund or the Agency for Health Care Administration Tobacco Settlement Trust Fund an ...
- Florida Public Health Code Section 395.805; Definitions.
As used in this act, the term: (1) "Agency" means the Agency for Health Care Administration. (2) "Family practice teaching hospital" means a freestanding, community-...
- Florida Public Health Code Section 395.806; Designation of family practice teaching hospitals.
(1)(a) A hospital that offers a family practice residency program of at least 18 positions for resident family practice physicians is eligible for designation ...
- Florida Public Health Code Section 395.807; Retention of family practice residents.
(1) A family practice teaching hospital must have a documented plan for retaining family practice residents in the state. (2)(a) The director of the ...
- Florida Public Health Code Section 397.301; Short title.
This act may be cited as the "Hal S. Marchman Alcohol and Other Drug Services Act of ...
- Florida Public Health Code Section 397.305; Legislative findings, intent, and purpose.
(1) Substance abuse is a major health problem and leads to such profoundly disturbing consequences as serious impairment, chronic addiction, criminal behavior, vehicular casualties, spiraling ...
- Florida Public Health Code Section 397.311; Definitions.
As used in this chapter, except part VIII: (1) "Ancillary services" are services which include, but are not limited to, special diagnostic, prenatal and postnatal, ...
- Florida Public Health Code Section 397.321; Duties of the department.
The department shall: (1) Develop a comprehensive state plan for the provision of substance abuse services. The plan must include: (a) Identification of incidence and ...
- Florida Public Health Code Section 397.331; Definitions; legislative intent.
(1) As used in this act, the term: (a) "Substance abuse" means the use of any substance if such use is unlawful or if such ...
- Florida Public Health Code Section 397.332; Office of Drug Control.
(1) The Office of Drug Control is created within the Executive Office of the Governor. The Governor shall appoint a director of the Office of ...
- Florida Public Health Code Section 397.333; Statewide Drug Policy Advisory Council.
(1)(a) The Statewide Drug Policy Advisory Council is created within the Executive Office of the Governor. The director of the Office of Drug Control ...
- Florida Public Health Code Section 397.334; Treatment-based drug court programs.
(1) Each county may fund a treatment-based drug court program under which persons in the justice system assessed with a substance abuse problem will ...
- Florida Public Health Code Section 397.401; License required; penalty; injunction; rules waivers.
(1) It is unlawful for any person to act as a substance abuse service provider unless it is licensed or exempt from licensure under this ...
- Florida Public Health Code Section 397.403; License application.
(1) Applicants for a license under this chapter must apply to the department on forms provided by the department and in accordance with rules adopted ...
- Florida Public Health Code Section 397.405; Exemptions from licensure.
The following are exempt from the licensing provisions of this chapter: (1) A hospital or hospital-based component licensed under chapter 395. (2) A nursing ...
- Florida Public Health Code Section 397.406; Licensure and regulation of government-operated substance abuse programs.
Substance abuse programs operated directly or under contract by the department, the Department of Corrections, any other state agency, or any local correctional agency or ...
- Florida Public Health Code Section 397.407; Licensure fees.
(1) The department shall establish licensure fees by rule. The rule must prescribe a fee range that is based, at least in part, on the ...
- Florida Public Health Code Section 397.409; Probationary, regular, and interim licenses; issuance and renewal.
(1) The department may issue probationary, regular, and interim licenses. The department shall issue one license to each facility operated by a service provider. The ...
- Florida Public Health Code Section 397.411; Inspection; right of entry; records.
(1)(a) An authorized agent of the department may enter and inspect at any time a licensed service provider to determine whether it is in ...
- Florida Public Health Code Section 397.415; Denial, suspension, and revocation; other remedies.
(1) If the department determines that an applicant or licensed service provider or licensed service component thereof is not in compliance with all statutory and ...
- Florida Public Health Code Section 397.416; Substance abuse treatment services; qualified professional.
Notwithstanding any other provision of law, a person who was certified through a certification process recognized by the former Department of Health and Rehabilitative Services ...
- Florida Public Health Code Section 397.419; Quality assurance programs.
(1) Each service provider must maintain an ongoing quality assurance program to objectively and systematically monitor and evaluate the appropriateness and quality of client care, ...
- Florida Public Health Code Section 397.427; Medication treatment service providers; rehabilitation program; needs assessment and provision of services; persons authorized to issue takeout methadone; unlawful operation; penalty.
(1) Medication treatment service providers may not be licensed unless they provide supportive rehabilitation programs. Supportive rehabilitation programs include, but are not limited to, counseling, ...
- Florida Public Health Code Section 397.431; Client responsibility for cost of substance abuse impairment services.
(1) Prior to accepting a client for admission and in accordance with confidentiality guidelines, both the full charge for services and the fee charged to ...
- Florida Public Health Code Section 397.451; Background checks of service provider personnel.
(1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND EXCEPTIONS.-- (a) Background checks shall apply as follows: 1. All owners, directors, and chief financial officers of service providers ...
- Florida Public Health Code Section 397.461; Unlawful activities relating to personnel; penalties.
It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or ...
- Florida Public Health Code Section 397.471; Service provider facility standards.
(1) Each service provider must ensure: (a) Sufficient numbers and types of qualified personnel on duty and available to provide necessary and adequate client safety ...
- Florida Public Health Code Section 397.481; Applicability of Community Alcohol, Drug Abuse, and Mental Health Services Act.
All service providers as defined in and governed by this chapter are also subject to part IV of chapter 394, the Community Alcohol, Drug Abuse, ...
- Florida Public Health Code Section 397.482; Lawyer assistance programs; civil immunity.
A person who in good faith reports information or takes action in connection with a lawyer assistance program or a person who receives information in ...
- Florida Public Health Code Section 397.483; Lawyer assistance programs; presumption of good faith.
A member of a lawyer assistance program or a person reporting information to a lawyer assistance program is presumed to have acted in good faith ...
- Florida Public Health Code Section 397.484; Lawyer assistance programs; persons entitled to immunity.
The civil immunity provided for in this act shall be liberally construed to accomplish the purposes of this act. The persons entitled to immunity under ...
- Florida Public Health Code Section 397.485; Lawyer assistance programs; information subject to privilege.
All privileged information, whether attorney-client, work product, or otherwise, in any form, furnished to the lawyer assistance program shall remain ...
- Florida Public Health Code Section 397.486; Lawyer assistance programs; confidentiality of records, proceedings, and communications.
The records, proceedings, and all communications by and between an individual seeking assistance and the lawyer assistance program shall be deemed confidential and shall not ...
- Florida Public Health Code Section 397.501; Rights of clients.
Clients receiving substance abuse services from any service provider are guaranteed protection of the rights specified in this section, unless otherwise expressly provided, and service ...
- Florida Public Health Code Section 397.581; Unlawful activities relating to client assessment and treatment; penalties.
(1) Knowingly furnishing false information for the purpose of obtaining emergency or other involuntary admission for any person is a misdemeanor of the first degree, ...
- Florida Public Health Code Section 397.601; Voluntary admissions.
(1) A person who wishes to enter treatment for substance abuse may apply to a service provider for voluntary admission. (2) Within the financial and ...
- Florida Public Health Code Section 397.675; Criteria for involuntary admissions, including protective custody, emergency admission, and other involuntary assessment, involuntary treatment, and alternative involuntary assessment for minors, for purposes of assessment and stabilization, and for involuntary treatment.
A person meets the criteria for involuntary admission if there is good faith reason to believe the person is substance abuse impaired and, because of ...
- Florida Public Health Code Section 397.6751; Service provider responsibilities regarding involuntary admissions.
(1) It is the responsibility of the service provider to: (a) Ensure that a person who is admitted to a licensed service component meets the ...
- Florida Public Health Code Section 397.6752; Referral of involuntarily admitted client for voluntary treatment.
Upon giving his or her written informed consent, an involuntarily admitted client may be referred to a service provider for voluntary admission when the service ...
- Florida Public Health Code Section 397.6758; Release of client from protective custody, emergency admission, involuntary assessment, involuntary treatment, and alternative involuntary assessment of a minor.
A client involuntarily admitted to a licensed service provider may be released without further order of the court only by a qualified professional in a ...
- Florida Public Health Code Section 397.6759; Parental participation in treatment.
A parent, legal guardian, or legal custodian who seeks involuntary admission of a minor pursuant to ss. 397.675-397.6977 is required to participate ...
- Florida Public Health Code Section 397.677; Protective custody; circumstances justifying.
A law enforcement officer may implement protective custody measures as specified in this part when a minor or an adult who appears to meet the ...
- Florida Public Health Code Section 397.6771; Protective custody with consent.
A person in circumstances which justify protective custody, as described in s. 397.677, may consent to be assisted by a law enforcement officer to ...
- Florida Public Health Code Section 397.6772; Protective custody without consent.
(1) If a person in circumstances which justify protective custody as described in s. 397.677 fails or refuses to consent to assistance and a ...
- Florida Public Health Code Section 397.6773; Dispositional alternatives after protective custody.
(1) A client who is in protective custody must be released by a qualified professional when: (a) The client no longer meets the involuntary admission ...
- Florida Public Health Code Section 397.6774; Department to maintain lists of licensed facilities.
The department shall provide each municipal and county public safety office with a list of licensed hospitals, detoxification facilities, and addictions receiving facilities, including the ...
- Florida Public Health Code Section 397.6775; Immunity from liability.
A law enforcement officer acting in good faith pursuant to this part may not be held criminally or civilly liable for false ...
- Florida Public Health Code Section 397.679; Emergency admission; circumstances justifying.
A person who meets the criteria for involuntary admission in s. 397.675 may be admitted to a hospital or to a licensed detoxification facility ...
- Florida Public Health Code Section 397.6791; Emergency admission; persons who may initiate.
The following persons may request an emergency admission: (1) In the case of an adult, the certifying physician, the person's spouse or guardian, any ...
- Florida Public Health Code Section 397.6793; Physician's certificate for emergency admission.
(1) The physician's certificate must include the name of the person to be admitted, the relationship between the person and the physician, the relationship ...
- Florida Public Health Code Section 397.6795; Transportation-assisted delivery of persons for emergency assessment.
An applicant for a person's emergency admission, or the person's spouse or guardian, a law enforcement officer, or a health officer may deliver ...
- Florida Public Health Code Section 397.6797; Dispositional alternatives after emergency admission.
Within 72 hours after an emergency admission to a hospital or a licensed detoxification or addictions receiving facility, the client must be assessed by the ...
- Florida Public Health Code Section 397.6798; Alternative involuntary assessment procedure for minors.
(1) In addition to protective custody, emergency admission, and involuntary assessment and stabilization, an addictions receiving facility may admit a minor for involuntary assessment and ...
- Florida Public Health Code Section 397.6799; Disposition of minor client upon completion of alternative involuntary assessment.
A minor who has been assessed pursuant to s. 397.6798 must, within the time specified, be released or referred for further voluntary or involuntary ...
- Florida Public Health Code Section 397.681; Involuntary petitions; general provisions; court jurisdiction and right to counsel.
(1) JURISDICTION.--The courts have jurisdiction of involuntary assessment and stabilization petitions and involuntary treatment petitions for substance abuse impaired persons, and such petitions must ...
- Florida Public Health Code Section 397.6811; Involuntary assessment and stabilization.
A person determined by the court to appear to meet the criteria for involuntary admission under s. 397.675 may be admitted for a period ...
- Florida Public Health Code Section 397.6814; Involuntary assessment and stabilization; contents of petition.
A petition for involuntary assessment and stabilization must contain the name of the respondent; the name of the applicant or applicants; the relationship between the ...
- Florida Public Health Code Section 397.6815; Involuntary assessment and stabilization; procedure.
Upon receipt and filing of the petition for the involuntary assessment and stabilization of a substance abuse impaired person by the clerk of the court, ...
- Florida Public Health Code Section 397.6818; Court determination.
At the hearing initiated in accordance with s. 397.6811(1), the court shall hear all relevant testimony. The respondent must be present unless the ...
- Florida Public Health Code Section 397.6819; Involuntary assessment and stabilization; responsibility of licensed service provider.
A licensed service provider may admit a client for involuntary assessment and stabilization for a period not to exceed 5 days. The client must be ...
- Florida Public Health Code Section 397.6821; Extension of time for completion of involuntary assessment and stabilization.
If a licensed service provider is unable to complete the involuntary assessment and, if necessary, stabilization of a client within 5 days after the court'...
- Florida Public Health Code Section 397.6822; Disposition of client after involuntary assessment.
Based upon the involuntary assessment, a qualified professional of the hospital, detoxification facility, or addictions receiving facility, or a qualified professional when a less restrictive ...
- Florida Public Health Code Section 397.693; Involuntary treatment.
A person may be the subject of a petition for court-ordered involuntary treatment pursuant to this part, if that person meets the criteria for ...
- Florida Public Health Code Section 397.695; Involuntary treatment; persons who may petition.
(1) If the respondent is an adult, a petition for involuntary treatment may be filed by the respondent's spouse or guardian, any relative, a ...
- Florida Public Health Code Section 397.6951; Contents of petition for involuntary treatment.
A petition for involuntary treatment must contain the name of the respondent to be admitted; the name of the petitioner or petitioners; the relationship between ...
- Florida Public Health Code Section 397.6955; Duties of court upon filing of petition for involuntary treatment.
Upon the filing of a petition for the involuntary treatment of a substance abuse impaired person with the clerk of the court, the court shall ...
- Florida Public Health Code Section 397.6957; Hearing on petition for involuntary treatment.
(1) At a hearing on a petition for involuntary treatment, the court shall hear and review all relevant evidence, including the review of results of ...
- Florida Public Health Code Section 397.697; Court determination; effect of court order for involuntary substance abuse treatment.
(1) When the court finds that the conditions for involuntary substance abuse treatment have been proved by clear and convincing evidence, it may order the ...
- Florida Public Health Code Section 397.6971; Early release from involuntary substance abuse treatment.
(1) At any time prior to the end of the 60-day involuntary treatment period, or prior to the end of any extension granted pursuant ...
- Florida Public Health Code Section 397.6975; Extension of involuntary substance abuse treatment period.
(1) Whenever a service provider believes that a client who is nearing the scheduled date of release from involuntary treatment continues to meet the criteria ...
- Florida Public Health Code Section 397.6977; Disposition of client upon completion of involuntary substance abuse treatment.
At the conclusion of the 60-day period of court-ordered involuntary treatment, the client is automatically discharged unless a motion for renewal of the ...
- Florida Public Health Code Section 397.701; Local ordinances affecting impairment and public impairment offenses forbidden.
A county, municipality, or other political subdivision of the state may not, except pursuant to the provisions of s. 397.702, adopt a local law, ...
- Florida Public Health Code Section 397.702; Authorization of local ordinances for treatment of habitual abusers in licensed secure facilities.
(1) Due to the severity in certain areas of the state of chronic and habitual public impairment which infringes upon the public health, safety, and ...
- Florida Public Health Code Section 397.705; Referral of substance abuse impaired offenders to service providers.
(1) AUTHORITY TO REFER.--If any offender, including but not limited to any minor, is charged with or convicted of a crime, the court or ...
- Florida Public Health Code Section 397.706; Screening, assessment, and disposition of juvenile offenders.
(1) The substance abuse treatment needs of juvenile offenders and their families must be identified and addressed through diversionary programs and adjudicatory proceedings pursuant to ...
- Florida Public Health Code Section 397.752; Scope of part.
An inmate's substance abuse service records are confidential in accordance with s. 397.501(7). No other provision of parts I-VII of this ...
- Florida Public Health Code Section 397.753; Definitions.
As used in this part: (1) "Department" means the Department of Corrections. (2) "Inmate" means any person committed by a court of competent jurisdiction to ...
- Florida Public Health Code Section 397.754; Duties and responsibilities of the Department of Corrections.
The Department of Corrections shall: (1) To the fullest extent possible provide inmates upon arrival at a Department of Corrections reception center for initial processing ...
- Florida Public Health Code Section 397.801; Substance abuse impairment coordination.
(1) The Department of Children and Family Services, the Department of Education, the Department of Corrections, the Department of Community Affairs, and the Department of ...
- Florida Public Health Code Section 397.811; Juvenile substance abuse impairment coordination; legislative findings and intent.
(1) The Legislature recognizes that a substance abuse impairment crisis is destroying our youth and is the underlying cause of many juveniles entering the juvenile ...
- Florida Public Health Code Section 397.821; Juvenile substance abuse impairment prevention and early intervention councils.
(1) Each judicial circuit as set forth in s. 26.021 may establish a juvenile substance abuse impairment prevention and early intervention council composed of ...
- Florida Public Health Code Section 397.901; Prototype juvenile addictions receiving facilities.
(1) Prototype juvenile addictions receiving facilities may be designated to provide substance abuse impairment treatment services and community-based detoxification, stabilization, and short-term treatment ...
- Florida Public Health Code Section 397.92; Children's substance abuse services system; goals.
(1) It is the intent of the Legislature that the children's substance abuse services system achieve the following performance outcomes for children who are ...
- Florida Public Health Code Section 397.93; Children's substance abuse services; target populations.
The target populations for children's substance abuse services are children at risk for substance abuse and children with substance abuse problems. (1) Children at ...
- Florida Public Health Code Section 397.94; Children's substance abuse services; information and referral network.
(1) Each service district of the department shall develop a plan for and implement a districtwide comprehensive children's substance abuse information and referral network ...
- Florida Public Health Code Section 397.95; Children's substance abuse services; services provided by licensed providers.
Each service district of the department shall ensure that all screening, intake, assessment, enrollment, service planning, and case management services provided under this part are ...
- Florida Public Health Code Section 397.951; Treatment and sanctions.
The Legislature recognizes that the integration of treatment and sanctions greatly increases the effectiveness of substance abuse treatment. It is the responsibility of the department ...
- Florida Public Health Code Section 397.96; Case management for complex substance abuse cases.
(1) Contingent upon specific appropriations, it is the intent of the Legislature to provide for a more intensive level of case management for complex cases ...
- Florida Public Health Code Section 397.97; Children's substance abuse services; demonstration models.
(1) CREATION; PURPOSE.--There is created the Children's Network of Care Demonstration Models to operate, for 4 years, for children who are at risk ...
- Florida Public Health Code Section 397.98; Children's substance abuse services; utilization management.
(1) Utilization management shall be an integral part of each Children's Network of Care Demonstration Model as described under s. 397.97. The utilization ...
- Florida Public Health Code Section 397.99; School substance abuse prevention partnership grants.
(1) GRANT PROGRAM.-- (a) In order to encourage the development of effective substance abuse prevention and early intervention strategies for school-age populations, the school ...
- Florida Public Health Code Section 397.997; Prevention resources; Internet website.
(1) The department shall develop a publicly available substance abuse prevention Internet website. The information on the Internet website shall target youth and their parents, ...
- Florida Public Health Code Section 397.998; Drug-free communities support match grants.
(1) PURPOSE.--The purposes of drug-free communities match grants are to: (a) Assist community coalitions in an effort to secure federal drug-free communities ...
- Florida Public Health Code Section 399.001; Short title and purpose.
This chapter may be cited as the "Elevator Safety Act." The purpose of this chapter is to provide for the safety of life and limb ...
- Florida Public Health Code Section 399.01; Definitions.
As used in this chapter, the term: (1) "Alteration" means any change or addition to the vertical conveyance other than maintenance, repair, or replacement. (2) "...
- Florida Public Health Code Section 399.02; General requirements.
(1) The Elevator Safety Technical Advisory Committee shall develop and submit to the Director of Hotels and Restaurants proposed revisions to the elevator safety code ...
- Florida Public Health Code Section 399.03; Design, installation, and alteration of conveyances.
(1) A conveyance covered by this chapter may not be erected, constructed, installed, or altered within buildings or structures until a permit has been obtained ...
- Florida Public Health Code Section 399.035; Elevator accessibility requirements for the physically handicapped.
(1) Each elevator, the installation of which is begun after October 1, 1990, must be made accessible to physically handicapped persons with the following requirements: (...
- Florida Public Health Code Section 399.049; Disciplinary action.
(1) The department may suspend or revoke an elevator inspector certification, an elevator company registration, an elevator certificate of competency, or an elevator certificate of ...
- Florida Public Health Code Section 399.061; Inspections; service maintenance contracts; correction of deficiencies.
(1)(a) All elevators or other conveyances subject to this chapter must be annually inspected by a certified elevator inspector or by a municipality or ...
- Florida Public Health Code Section 399.07; Certificates of operation; fees.
(1) The certificate of operation is valid for a period not to exceed 2 years and shall expire at the end of the period unless ...
- Florida Public Health Code Section 399.10; Enforcement of law.
It shall be the duty of the department to enforce the provisions of this chapter. The department shall have rulemaking authority to carry out the ...
- Florida Public Health Code Section 399.105; Administrative fines.
(1) Any person who fails to comply with the reporting requirements of this chapter or with the reasonable requests of the department to determine whether ...
- Florida Public Health Code Section 399.1061; Elevator Safety Technical Advisory Council.
(1) The Elevator Safety Technical Advisory Council is created within the division and shall consist of eight members appointed by the secretary of the department ...
- Florida Public Health Code Section 399.11; Penalties.
(1) Any person who violates any of the provisions of this chapter or the rules of the department is guilty of a misdemeanor of the ...
- Florida Public Health Code Section 399.125; Reporting of elevator accidents; penalties.
Within 5 working days after any accident occurring in or upon any elevator, the certificate of operation holder shall report the accident to the division ...
- Florida Public Health Code Section 399.13; Delegation of authority to municipalities or counties.
(1) The department may enter into contracts with municipalities or counties under which the municipalities or counties will issue construction permits and certificates of operation; ...
- Florida Public Health Code Section 399.15; Regional emergency elevator access.
(1) In order to provide emergency access to elevators: (a) For each building in this state which is six or more stories in height, including, ...
- Florida Public Health Code Section 400.0060; Definitions.
When used in this part, unless the context clearly dictates otherwise, the term: (1) "Administrative assessment" means a review of conditions in a long-term ...
- Florida Public Health Code Section 400.0061; Legislative findings and intent; long-term care facilities.
(1) The Legislature finds that conditions in long-term care facilities in this state are such that the rights, health, safety, and welfare of residents ...
- Florida Public Health Code Section 400.0063; Establishment of Office of State Long-Term Care Ombudsman; designation of ombudsman and legal advocate.
(1) There is created an Office of State Long-Term Care Ombudsman in the Department of Elderly Affairs. (2)(a) The Office of State Long-...
- Florida Public Health Code Section 400.0065; State Long-Term Care Ombudsman; duties and responsibilities.
(1) The purpose of the Office of State Long-Term Care Ombudsman shall be to: (a) Identify, investigate, and resolve complaints made by or on ...
- Florida Public Health Code Section 400.0067; State Long-Term Care Ombudsman Council; duties; membership.
(1) There is created within the Office of State Long-Term Care Ombudsman, the State Long-Term Care Ombudsman Council. (2) The State Long-Term ...
- Florida Public Health Code Section 400.0069; Local long-term care ombudsman councils; duties; membership.
(1)(a) The ombudsman shall designate local long-term care ombudsman councils to carry out the duties of the State Long-Term Care Ombudsman Program ...
- Florida Public Health Code Section 400.0070; Conflicts of interest.
(1) The ombudsman shall not: (a) Have a direct involvement in the licensing or certification of, or an ownership or investment interest in, a long-...
- Florida Public Health Code Section 400.0071; State Long-Term Care Ombudsman Program complaint procedures.
The department shall adopt rules implementing state and local complaint procedures. The rules must include procedures for: (1) Receiving complaints against a long-term care ...
- Florida Public Health Code Section 400.0073; State and local ombudsman council investigations.
(1) A local council shall investigate, within a reasonable time after a complaint is made, any complaint of a resident, a representative of a resident, ...
- Florida Public Health Code Section 400.0074; Local ombudsman council onsite administrative assessments.
(1) In addition to any specific investigation conducted pursuant to a complaint, the local council shall conduct, at least annually, an onsite administrative assessment of ...
- Florida Public Health Code Section 400.0075; Complaint notification and resolution procedures.
(1)(a) Any complaint or problem verified by an ombudsman council as a result of an investigation or onsite administrative assessment, which complaint or problem ...
- Florida Public Health Code Section 400.0077; Confidentiality.
(1) The following are confidential and exempt from the provisions of s. 119.07(1): (a) Resident records held by the ombudsman or by the ...
- Florida Public Health Code Section 400.0078; Citizen access to State Long-Term Care Ombudsman Program services.
(1) The office shall establish a statewide toll-free telephone number for receiving complaints concerning matters adversely affecting the health, safety, welfare, or rights of ...
- Florida Public Health Code Section 400.0079; Immunity.
(1) Any person making a complaint pursuant to this part who does so in good faith shall be immune from any liability, civil or criminal, ...
- Florida Public Health Code Section 400.0081; Access to facilities, residents, and records.
(1) A long-term care facility shall provide the office, the state council and its members, and the local councils and their members access to: (...
- Florida Public Health Code Section 400.0083; Interference; retaliation; penalties.
(1) It shall be unlawful for any person, long-term care facility, or other entity to willfully interfere with a representative of the office, the ...
- Florida Public Health Code Section 400.0087; Department oversight; funding.
(1) The department shall meet the costs associated with the State Long-Term Care Ombudsman Program from funds appropriated to it. (a) The department shall ...
- Florida Public Health Code Section 400.0089; Complaint data reports.
The office shall maintain a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities and ...
- Florida Public Health Code Section 400.0091; Training.
The ombudsman shall ensure that appropriate training is provided to all employees of the office and to the members of the state and local councils. (...
- Florida Public Health Code Section 400.011; Purpose.
The purpose of this part is to provide for the development, establishment, and enforcement of basic standards for: (1) The health, care, and treatment of ...
- Florida Public Health Code Section 400.021; Definitions.
When used in this part, unless the context otherwise requires, the term: (1) "Administrator" means the licensed individual who has the general administrative charge of ...
- Florida Public Health Code Section 400.022; Residents' rights.
(1) All licensees of nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents of such facilities ...
- Florida Public Health Code Section 400.023; Civil enforcement.
(1) Any resident whose rights as specified in this part are violated shall have a cause of action. The action may be brought by the ...
- Florida Public Health Code Section 400.0233; Presuit notice; investigation; notification of violation of resident's rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation.
(1) As used in this section, the term: (a) "Claim for resident's rights violation or negligence" means a negligence claim alleging injury to or ...
- Florida Public Health Code Section 400.0234; Availability of facility records for investigation of resident's rights violations and defenses; penalty.
(1) Failure to provide complete copies of a resident's records, including, but not limited to, all medical records and the resident's chart, within ...
- Florida Public Health Code Section 400.0235; Certain provisions not applicable to actions under this part.
An action under this part for a violation of rights or negligence recognized under this part is not a claim for medical malpractice, and the ...
- Florida Public Health Code Section 400.0236; Statute of limitations.
(1) Any action for damages brought under this part shall be commenced within 2 years from the time the incident giving rise to the action ...
- Florida Public Health Code Section 400.0237; Punitive damages; pleading; burden of proof.
(1) In any action for damages brought under this part, no claim for punitive damages shall be permitted unless there is a reasonable showing by ...
- Florida Public Health Code Section 400.0238; Punitive damages; limitation.
(1)(a) Except as provided in paragraphs (b) and (c), an award of punitive damages may not exceed the greater of: 1. Three times the ...
- Florida Public Health Code Section 400.0239; Quality of Long-Term Care Facility Improvement Trust Fund.
(1) There is created within the Agency for Health Care Administration a Quality of Long-Term Care Facility Improvement Trust Fund to support activities and ...
- Florida Public Health Code Section 400.0255; Resident transfer or discharge; requirements and procedures; hearings.
(1) As used in this section, the term: (a) "Discharge" means to move a resident to a noninstitutional setting when the releasing facility ceases to ...
- Florida Public Health Code Section 400.051; Homes or institutions exempt from the provisions of this part.
(1) The following shall be exempt from the provisions of this part: (a) Any facility, institution, or other place operated by the Federal Government or ...
- Florida Public Health Code Section 400.062; License required; fee; disposition; display; transfer.
(1) It is unlawful to operate or maintain a facility without first obtaining from the agency a license authorizing such operation. (2) Separate licenses shall ...
- Florida Public Health Code Section 400.0625; Minimum standards for clinical laboratory test results and diagnostic X-ray results.
(1) Each nursing home, as a requirement for issuance or renewal of its license, shall require that all clinical laboratory tests performed for the nursing ...
- Florida Public Health Code Section 400.063; Resident Protection Trust Fund.
(1) A Resident Protection Trust Fund shall be established for the purpose of collecting and disbursing funds generated from the license fees and administrative fines ...
- Florida Public Health Code Section 400.071; Application for license.
(1) An application for a license as required by s. 400.062 shall be made to the agency on forms furnished by it and shall ...
- Florida Public Health Code Section 400.0712; Application for inactive license.
(1) As specified in this section, the agency may issue an inactive license to a nursing home facility for all or a portion of its ...
- Florida Public Health Code Section 400.102; Action by agency against licensee; grounds.
(1) Any of the following conditions shall be grounds for action by the agency against a licensee: (a) An intentional or negligent act materially affecting ...
- Florida Public Health Code Section 400.111; Expiration of license; renewal.
(1) A license issued for the operation of a facility, unless sooner suspended or revoked, shall expire on the date set forth by the agency ...
- Florida Public Health Code Section 400.118; Quality assurance; early warning system; monitoring; rapid response teams.
(1) The agency shall establish an early warning system to detect conditions in nursing facilities that could be detrimental to the health, safety, and welfare ...
- Florida Public Health Code Section 400.1183; Resident grievance procedures.
(1) Every nursing home must have a grievance procedure available to its residents and their families. The grievance procedure must include: (a) An explanation of ...
- Florida Public Health Code Section 400.119; Confidentiality of records and meetings of risk management and quality assurance committees.
(1) Incident reports filed with the risk manager and administrator of a long-term care facility licensed under this part or part I of chapter ...
- Florida Public Health Code Section 400.121; Denial, suspension, revocation of license; moratorium on admissions; administrative fines; procedure; order to increase staffing.
(1) The agency may deny an application, revoke or suspend a license, or impose an administrative fine, not to exceed $500 per violation per day, ...
- Florida Public Health Code Section 400.125; Injunction proceedings authorized.
(1) The agency may institute injunction proceedings in a court of competent jurisdiction to: (a) Enforce the provisions of this part or any minimum standard, ...
- Florida Public Health Code Section 400.126; Receivership proceedings.
(1) As an alternative to or in conjunction with an injunctive proceeding, the agency may petition a court of competent jurisdiction for the appointment of ...
- Florida Public Health Code Section 400.141; Administration and management of nursing home facilities.
Every licensed facility shall comply with all applicable standards and rules of the agency and shall: (1) Be under the administrative direction and charge of ...
- Florida Public Health Code Section 400.1413; Volunteers in nursing homes.
(1) It is the intent of the Legislature to encourage the involvement of volunteers in nursing homes in this state. The Legislature also acknowledges that ...
- Florida Public Health Code Section 400.1415; Patient records; penalties for alteration.
(1) Any person who fraudulently alters, defaces, or falsifies any medical record or releases medical records for the purposes of solicitation or marketing the sale ...
- Florida Public Health Code Section 400.142; Emergency medication kits; orders not to resuscitate.
(1) Other provisions of this chapter or of chapter 465, chapter 499, or chapter 893 to the contrary notwithstanding, each nursing home operating pursuant to ...
- Florida Public Health Code Section 400.145; Records of care and treatment of resident; copies to be furnished.
(1) Unless expressly prohibited by a legally competent resident, any nursing home licensed pursuant to this part shall furnish to the spouse, guardian, surrogate, proxy, ...
- Florida Public Health Code Section 400.147; Internal risk management and quality assurance program.
(1) Every facility shall, as part of its administrative functions, establish an internal risk management and quality assurance program, the purpose of which is to ...
- Florida Public Health Code Section 400.148; Medicaid "Up-or-Out" Quality of Care Contract Management Program.
(1) The Legislature finds that the federal Medicare program has implemented successful models of managing the medical and supportive-care needs of long-term nursing ...
- Florida Public Health Code Section 400.151; Contracts.
(1) The presence of each resident in a facility shall be covered by a contract, executed by the licensee and the resident or his or ...
- Florida Public Health Code Section 400.162; Property and personal affairs of residents.
(1) The admission of a resident to a facility and his or her presence in the facility shall not confer on the facility or its ...
- Florida Public Health Code Section 400.165; Itemized resident billing, form and content prescribed by the agency.
(1) Within 7 days following discharge or release from a nursing home, or within 7 days after the earliest date at which the cost of ...
- Florida Public Health Code Section 400.17; Bribes, kickbacks, certain solicitations prohibited.
(1) As used in this section, the term: (a) "Bribe" means any consideration corruptly given, received, promised, solicited, or offered to any individual with intent ...
- Florida Public Health Code Section 400.175; Patients with Alzheimer's disease or other related disorders; certain disclosures.
A facility licensed under this part which claims that it provides special care for persons who have Alzheimer's disease or other related disorders must ...
- Florida Public Health Code Section 400.1755; Care for persons with Alzheimer's disease or related disorders.
(1) As a condition of licensure, facilities licensed under this part must provide to each of their employees, upon beginning employment, basic written information about ...
- Florida Public Health Code Section 400.176; Rebates prohibited; penalties.
(1) It is unlawful for any person to pay or receive any commission, bonus, kickback, or rebate or engage in any split-fee arrangement in ...
- Florida Public Health Code Section 400.179; Sale or transfer of ownership of a nursing facility; liability for Medicaid underpayments and overpayments.
(1) It is the intent of the Legislature to protect the rights of nursing home residents and the security of public funds when a nursing ...
- Florida Public Health Code Section 400.18; Closing of nursing facility.
(1) Whenever a licensee voluntarily discontinues operation, and during the period when it is preparing for such discontinuance, it shall inform the agency not less ...
- Florida Public Health Code Section 400.19; Right of entry and inspection.
(1) The agency and any duly designated officer or employee thereof or a member of the State Long-Term Care Ombudsman Council or the local ...
- Florida Public Health Code Section 400.191; Availability, distribution, and posting of reports and records.
(1) The agency shall provide information to the public about all of the licensed nursing home facilities operating in the state. The agency shall, within ...
- Florida Public Health Code Section 400.195; Agency reporting requirements.
(1) For the period beginning June 30, 2001, and ending June 30, 2005, the Agency for Health Care Administration shall provide a report to the ...
- Florida Public Health Code Section 400.20; Licensed nursing home administrator required.
No nursing home shall operate except under the supervision of a licensed nursing home administrator, and no person shall be a nursing home administrator unless ...
- Florida Public Health Code Section 400.211; Persons employed as nursing assistants; certification requirement.
(1) To serve as a nursing assistant in any nursing home, a person must be certified as a nursing assistant under part II of chapter ...
- Florida Public Health Code Section 400.215; Personnel screening requirement.
(1) The agency shall require background screening as provided in chapter 435 for all employees or prospective employees of facilities licensed under this part who ...
- Florida Public Health Code Section 400.23; Rules; evaluation and deficiencies; licensure status.
(1) It is the intent of the Legislature that rules published and enforced pursuant to this part shall include criteria by which a reasonable and ...
- Florida Public Health Code Section 400.232; Review and approval of plans; fees and costs.
The design, construction, erection, alteration, modification, repair, and demolition of all public and private health care facilities are governed by the Florida Building Code and ...
- Florida Public Health Code Section 400.235; Nursing home quality and licensure status; Gold Seal Program.
(1) To protect the health and welfare of persons receiving care in nursing facilities, it is the intent of the Legislature to develop a regulatory ...
- Florida Public Health Code Section 400.241; Prohibited acts; penalties for violations.
(1) It is unlawful for any person or public body to establish, conduct, manage, or operate a home as defined in this part without obtaining ...
- Florida Public Health Code Section 400.25; Educational program authorized.
The agency may conduct a clinic or seminar at such times and places as shall be convenient for the greatest number at which information may ...
- Florida Public Health Code Section 400.275; Agency duties.
(1) The agency shall ensure that each newly hired nursing home surveyor, as a part of basic training, is assigned full-time to a licensed ...
- Florida Public Health Code Section 400.33; Legislative intent; community-based care for the elderly.
It is the intent of the Legislature to encourage the development of programs for community-based care for the elderly as an alternative to institutionalization. ...
- Florida Public Health Code Section 400.332; Funds received not revenues for purpose of Medicaid program.
Any funds received by a nursing home in connection with its participation in the geriatric outpatient nurse clinic program shall not be considered as revenues ...
- Florida Public Health Code Section 400.334; Activity relating to unions by nursing home employees.
(1) Participation by an employee of a nursing home in any activity that assists, promotes, deters, or discourages union organizing shall not be allowed during ...
- Florida Public Health Code Section 400.461; Short title; purpose.
(1) This part, consisting of ss. 400.461-400.518, may be cited as the "Home Health Services Act." (2) The purpose of this part ...
- Florida Public Health Code Section 400.462; Definitions.
As used in this part, the term: (1) "Administrator" means a direct employee, as defined in subsection (9). The administrator must be a licensed physician, ...
- Florida Public Health Code Section 400.464; Home health agencies to be licensed; expiration of license; exemptions; unlawful acts; penalties.
(1) Any home health agency must be licensed by the agency to operate in this state. A license issued to a home health agency, unless ...
- Florida Public Health Code Section 400.471; Application for license; fee; provisional license; temporary permit.
(1) Application for an initial license or for renewal of an existing license must be made under oath to the agency on forms furnished by ...
- Florida Public Health Code Section 400.474; Denial, suspension, revocation of license; injunction; grounds; penalties.
(1) The agency may deny, revoke, or suspend a license, or impose an administrative fine in the manner provided in chapter 120, or initiate injunctive ...
- Florida Public Health Code Section 400.4785; Patients with Alzheimer's disease or other related disorders; staff training requirements; certain disclosures.
(1) A home health agency must provide the following staff training: (a) Upon beginning employment with the agency, each employee must receive basic written information ...
- Florida Public Health Code Section 400.484; Right of inspection; deficiencies; fines.
(1) Any duly authorized officer or employee of the agency may make such inspections and investigations as are necessary in order to determine the state ...
- Florida Public Health Code Section 400.487; Home health service agreements; physician's, physician assistant's, and advanced registered nurse practitioner's treatment orders; patient assessment; establishment and review of plan of care; provision of services; orders not to resuscitate.
(1) Services provided by a home health agency must be covered by an agreement between the home health agency and the patient or the patient'...
- Florida Public Health Code Section 400.488; Assistance with self-administration of medication.
(1) For purposes of this section, the term: (a) "Informed consent" means advising the patient, or the patient's surrogate, guardian, or attorney in fact, ...
- Florida Public Health Code Section 400.491; Clinical records.
(1) The home health agency must maintain for each patient who receives skilled care a clinical record that includes pertinent past and current medical, nursing, ...
- Florida Public Health Code Section 400.492; Provision of services during an emergency.
Each home health agency shall prepare and maintain a comprehensive emergency management plan that is consistent with the standards adopted by national or state accreditation ...
- Florida Public Health Code Section 400.494; Information about patients confidential.
(1) Information about patients received by persons employed by, or providing services to, a home health agency or received by the licensing agency through reports ...
- Florida Public Health Code Section 400.495; Notice of toll-free telephone number for central abuse hotline.
On or before the first day home health services are provided to a patient, any home health agency or nurse registry licensed under this part ...
- Florida Public Health Code Section 400.497; Rules establishing minimum standards.
The agency shall adopt, publish, and enforce rules to implement this part, including, as applicable, ss. 400.506 and 400.509, which must provide reasonable ...
- Florida Public Health Code Section 400.506; Licensure of nurse registries; requirements; penalties.
(1) A nurse registry is exempt from the licensing requirements of a home health agency but must be licensed as a nurse registry. Each operational ...
- Florida Public Health Code Section 400.509; Registration of particular service providers exempt from licensure; certificate of registration; regulation of registrants.
(1) Any organization that provides companion services or homemaker services and does not provide a home health service to a person is exempt from licensure ...
- Florida Public Health Code Section 400.512; Screening of home health agency personnel; nurse registry personnel; and companions and homemakers.
The agency shall require employment or contractor screening as provided in chapter 435, using the level 1 standards for screening set forth in that chapter, ...
- Florida Public Health Code Section 400.515; Injunction proceedings.
In addition to the other powers provided under this chapter, the agency may institute injunction proceedings in a court of competent jurisdiction to restrain or ...
- Florida Public Health Code Section 400.518; Prohibited referrals to home health agencies.
(1) A physician licensed under chapter 458 or chapter 459 must comply with s. 456.053. (2) A hospital or an ambulatory surgical center that ...
- Florida Public Health Code Section 400.6005; Legislative findings and intent.
The Legislature finds that terminally ill individuals and their families, who are no longer pursuing curative medical treatment, should have the opportunity to select a ...
- Florida Public Health Code Section 400.601; Definitions.
As used in this part, the term: (1) "Agency" means the Agency for Health Care Administration. (2) "Department" means the Department of Elderly Affairs. (3) "...
- Florida Public Health Code Section 400.602; Licensure required; prohibited acts; exemptions; display, transferability of license.
(1)(a) It is unlawful to operate or maintain a hospice without first obtaining a license from the agency. (b) It is unlawful for any ...
- Florida Public Health Code Section 400.6045; Patients with Alzheimer's disease or other related disorders; staff training requirements; certain disclosures.
(1) A hospice licensed under this part must provide the following staff training: (a) Upon beginning employment with the agency, each employee must receive basic ...
- Florida Public Health Code Section 400.605; Administration; forms; fees; rules; inspections; fines.
(1) The department, in consultation with the agency, shall by rule establish minimum standards and procedures for a hospice. The rules must include: (a) License ...
- Florida Public Health Code Section 400.60501; Outcome measures; adoption of national initiatives; annual report.
(1) No later than December 31, 2007, the Department of Elderly Affairs, in conjunction with the Agency for Health Care Administration, shall develop outcome measures ...
- Florida Public Health Code Section 400.6051; Construction and renovation; requirements.
The requirements for the construction and the renovation of a hospice residential or inpatient facility or unit must comply with the provisions of chapter 553 ...
- Florida Public Health Code Section 400.606; License; application; renewal; conditional license or permit; certificate of need.
(1) A license application must be filed on a form provided by the agency and must be accompanied by the appropriate license fee as well ...
- Florida Public Health Code Section 400.6065; Background screening.
(1) Upon receipt of a completed application under s. 400.606, the agency shall require level 2 background screening on each of the following persons, ...
- Florida Public Health Code Section 400.607; Denial, suspension, or revocation of license; imposition of administrative fine; grounds; injunctions.
(1) The agency may deny, revoke, or suspend a license or impose an administrative fine, which may not exceed $5,000 per violation, in the ...
- Florida Public Health Code Section 400.6085; Contractual services.
A hospice may contract out for some elements of its services. However, the core services, as set forth in s. 400.609(1), with the ...
- Florida Public Health Code Section 400.609; Hospice services.
Each hospice shall provide a continuum of hospice services which afford the patient and the family of the patient a range of service delivery which ...
- Florida Public Health Code Section 400.6095; Patient admission; assessment; plan of care; discharge; death.
(1) Each hospice shall make its services available to all terminally ill persons and their families without regard to age, gender, national origin, sexual orientation, ...
- Florida Public Health Code Section 400.610; Administration and management of a hospice.
(1) A hospice shall have a clearly defined organized governing body, consisting of a minimum of seven persons who are representative of the general population ...
- Florida Public Health Code Section 400.6105; Staffing and personnel.
(1) Each hospice shall have a medical director licensed pursuant to chapter 458 or chapter 459 who shall have responsibility for directing the medical care ...
- Florida Public Health Code Section 400.611; Interdisciplinary records of care; confidentiality.
(1) An up-to-date, interdisciplinary record of care being given and patient and family status shall be kept. Records shall contain pertinent past and ...
- Florida Public Health Code Section 400.701; Intermediate care facilities; intent.
The Legislature recognizes the need to develop a continuum of long-term care in this state to meet the needs of the elderly and disabled ...
- Florida Public Health Code Section 400.801; Homes for special services.
(1) As used in this section, the term: (a) "Agency" means the "Agency for Health Care Administration." (b) "Home for special services" means a site ...
- Florida Public Health Code Section 400.805; Transitional living facilities.
(1) As used in this section, the term: (a) "Agency" means the Agency for Health Care Administration. (b) "Department" means the Department of Health. (c) "...
- Florida Public Health Code Section 400.901; Legislative intent.
It is the intent of the Legislature to develop, establish, and enforce licensure and basic standards for prescribed pediatric extended care centers in order to ...
- Florida Public Health Code Section 400.902; Definitions.
As used in this part, the term: (1) "Prescribed pediatric extended care center," hereinafter referred to as a "PPEC center," means any building or buildings, ...
- Florida Public Health Code Section 400.903; PPEC centers to be licensed; exemptions.
(1) For the administration of this part, facilities to be licensed by the agency shall include all PPEC centers as defined in this part which ...
- Florida Public Health Code Section 400.905; License required; fee; exemption; display.
(1)(a) It is unlawful to operate or maintain a PPEC center without first obtaining from the agency a license authorizing such operation. The agency ...
- Florida Public Health Code Section 400.906; Initial application for license.
(1) Application for a license shall be made to the agency on forms furnished by it and shall be accompanied by the appropriate license fee ...
- Florida Public Health Code Section 400.907; Denial, suspension, revocation of licensure; administrative fines; grounds.
(1) The agency may deny, revoke, or suspend a license or impose an administrative fine in the manner provided in chapter 120. (2) Any of ...
- Florida Public Health Code Section 400.908; Administrative fines; disposition of fees and fines.
(1)(a) If the agency determines that a PPEC center is being operated without a license or is otherwise not in compliance with rules adopted ...
- Florida Public Health Code Section 400.910; Expiration of license; renewal; conditional license as permit.
(1) A license issued for the operation of a PPEC center, unless sooner suspended or revoked, shall expire 1 year after the date of issuance. ...
- Florida Public Health Code Section 400.911; Injunction proceedings authorized.
(1) The agency may institute injunction proceedings in a court of competent jurisdiction to: (a) Enforce the provisions of this part or any standard, rule, ...
- Florida Public Health Code Section 400.912; Closing of a PPEC center.
(1) Whenever a PPEC center voluntarily discontinues operation, it shall inform the agency in writing at least 30 days before the discontinuance of operation. The ...
- Florida Public Health Code Section 400.913; Right of entry and inspection.
Any duly designated officer or employee of the agency shall have the right to enter upon and into the premises of any PPEC center licensed ...
- Florida Public Health Code Section 400.914; Rules establishing standards.
(1) Pursuant to the intention of the Legislature to provide safe and sanitary facilities and healthful programs, the agency in conjunction with the Division of ...
- Florida Public Health Code Section 400.915; Construction and renovation; requirements.
The requirements for the construction or renovation of a PPEC center shall comply with: (1) The provisions of chapter 553, which pertain to building construction ...
- Florida Public Health Code Section 400.916; Prohibited acts; penalty for violation.
(1) It is unlawful for any person or public body to offer or advertise to the public, in any way or by any medium, basic ...
- Florida Public Health Code Section 400.917; Disposition of moneys from fines and fees.
All moneys received from administrative fines pursuant to s. 400.908 and all moneys received from fees collected pursuant to s. 400.905 shall be ...
- Florida Public Health Code Section 400.92; Legislative intent.
It is the intent of the Legislature to provide for the licensure of home medical equipment providers and to provide for the development, establishment, and ...
- Florida Public Health Code Section 400.925; Definitions.
As used in this part, the term: (1) "Accrediting organizations" means the Joint Commission on Accreditation of Healthcare Organizations or other national accreditation agencies whose ...
- Florida Public Health Code Section 400.93; Licensure required; exemptions; unlawful acts; penalties.
(1) Any person or entity that holds itself out to the public as providing home medical equipment and services or accepts physician orders for home ...
- Florida Public Health Code Section 400.931; Application for license; fee; provisional license; temporary permit.
(1) Application for an initial license or for renewal of an existing license must be made under oath to the agency on forms furnished by ...
- Florida Public Health Code Section 400.932; Administrative penalties; injunctions; emergency orders; moratoriums.
(1) The agency may deny, revoke, or suspend a license, or impose an administrative fine not to exceed $5,000 per violation, per day, or ...
- Florida Public Health Code Section 400.933; Licensure inspections and investigations.
(1) The agency shall make or cause to be made such inspections and investigations as it considers necessary, including: (a) Licensure inspections. (b) Inspections directed ...
- Florida Public Health Code Section 400.934; Minimum standards.
As a requirement of licensure, home medical equipment providers shall: (1) Offer and provide home medical equipment and services, as necessary, to consumers who purchase ...
- Florida Public Health Code Section 400.935; Rules establishing minimum standards.
The agency shall adopt, publish, and enforce rules to implement this part, which must provide reasonable and fair minimum standards relating to: (1) The qualifications ...
- Florida Public Health Code Section 400.94; Patient records.
(1) The home medical equipment provider must maintain, for each patient, a patient record that includes the home medical equipment and services the home medical ...
- Florida Public Health Code Section 400.945; Public records exemption.
Medical and personal identifying information about patients of a home medical equipment provider which is received by the licensing agency through reports or inspection is ...
- Florida Public Health Code Section 400.95; Notice of toll-free telephone number for central abuse hotline.
On or before the first day home medical equipment is delivered to the patient's home, any home medical equipment provider licensed under this part ...
- Florida Public Health Code Section 400.953; Background screening of home medical equipment provider personnel.
The agency shall require employment screening as provided in chapter 435, using the level 1 standards for screening set forth in that chapter, for home ...
- Florida Public Health Code Section 400.955; Procedures for screening of home medical equipment provider personnel.
(1) A person employed by a home medical equipment provider shall, within 5 working days after starting to work, submit to the home medical equipment ...
- Florida Public Health Code Section 400.956; Injunction proceedings.
The agency may institute injunction proceedings in a court of competent jurisdiction when violation of this part or of applicable rules constitutes an emergency affecting ...
- Florida Public Health Code Section 400.957; Prohibited acts.
Compliance with state and federal laws regarding prohibited patient referrals and rebates shall be a condition of ...
- Florida Public Health Code Section 400.960; Definitions.
As used in this part, the term: (1) "Active treatment" means the provision of services by an interdisciplinary team which are necessary to maximize a ...
- Florida Public Health Code Section 400.962; License required; license application.
(1) It is unlawful to operate an intermediate care facility for the developmentally disabled without a license. (2) Separate licenses are required for facilities maintained ...
- Florida Public Health Code Section 400.963; Injunctive proceedings.
The Agency for Health Care Administration may seek a temporary or permanent injunction to: (1) Enforce the provisions of this part or any standard, rule, ...
- Florida Public Health Code Section 400.964; Personnel screening requirement.
(1) The agency shall require level 2 background screening as provided in chapter 435 for all employees or prospective employees of facilities licensed under this ...
- Florida Public Health Code Section 400.965; Action by agency against licensee; grounds.
(1) Any of the following conditions constitute grounds for action by the agency against a licensee: (a) A misrepresentation of a material fact in the ...
- Florida Public Health Code Section 400.966; Receivership proceeding.
(1) The agency may petition a court of competent jurisdiction for the appointment of a receiver for an intermediate care facility for the developmentally disabled ...
- Florida Public Health Code Section 400.967; Rules and classification of deficiencies.
(1) It is the intent of the Legislature that rules adopted and enforced under this part include criteria by which a reasonable and consistent quality ...
- Florida Public Health Code Section 400.968; Right of entry; protection of health, safety, and welfare.
(1) Any designated officer or employee of the agency, of the state, or of the local fire marshal may enter unannounced the premises of any ...
- Florida Public Health Code Section 400.9685; Administration of medication.
(1) Notwithstanding the provisions of the Nurse Practice Act, part I of chapter 464, unlicensed direct care services staff who are providing services to clients ...
- Florida Public Health Code Section 400.969; Violation of part; penalties.
(1) Except as provided in s. 400.967(3), a violation of any provision of this part or rules adopted by the agency under this ...
- Florida Public Health Code Section 400.980; Health care services pools.
(1) As used in this section, the term: (a) "Agency" means the Agency for Health Care Administration. (b) "Health care services pool" means any person, ...
- Florida Public Health Code Section 400.990; Short title; legislative findings.
(1) This part, consisting of ss. 400.990-400.995, may be cited as the "Health Care Clinic Act." (2) The Legislature finds that the ...
- Florida Public Health Code Section 400.9905; Definitions.
(1) "Agency" means the Agency for Health Care Administration. (2) "Applicant" means an individual owner, corporation, partnership, firm, business, association, or other entity that owns ...
- Florida Public Health Code Section 400.991; License requirements; background screenings; prohibitions.
(1)(a) Each clinic, as defined in s. 400.9905, must be licensed and shall at all times maintain a valid license with the agency. ...
- Florida Public Health Code Section 400.9915; Clinic inspections; emergency suspension; costs.
(1) Any authorized officer or employee of the agency shall make inspections of the clinic as part of the initial license application or renewal application. ...
- Florida Public Health Code Section 400.992; License renewal; transfer of ownership; provisional license.
(1) An application for license renewal must contain information as required by the agency. (2) Ninety days before the expiration date, an application for renewal ...
- Florida Public Health Code Section 400.9925; Rulemaking authority; license fees.
(1) The agency shall adopt rules necessary to administer the clinic administration, regulation, and licensure program, including rules establishing the specific licensure requirements, procedures, forms, ...
- Florida Public Health Code Section 400.993; Unlicensed clinics; penalties; fines; verification of licensure status.
(1) It is unlawful to own, operate, or maintain a clinic without obtaining a license under this part. (2) Any person who owns, operates, or ...
- Florida Public Health Code Section 400.9935; Clinic responsibilities.
(1) Each clinic shall appoint a medical director or clinic director who shall agree in writing to accept legal responsibility for the following activities on ...
- Florida Public Health Code Section 400.994; Injunctions.
(1) The agency may institute injunctive proceedings in a court of competent jurisdiction in order to: (a) Enforce the provisions of this part or any ...
- Florida Public Health Code Section 400.9945; Agency actions.
Administrative proceedings challenging agency licensure enforcement action shall be reviewed on the basis of the facts and conditions that resulted in the agency ...
- Florida Public Health Code Section 400.995; Agency administrative penalties.
(1) The agency may deny the application for a license renewal, revoke or suspend the license, and impose administrative fines of up to $5,000 ...
- Florida Public Health Code Section 401.013; Legislative intent.
It is the intention and purpose of the Legislature that a statewide system of regional emergency medical telecommunications be developed whereby maximum use of existing ...
- Florida Public Health Code Section 401.015; Statewide regional emergency medical telecommunication system.
The Department of Management Services is authorized and directed to develop a statewide system of regional emergency medical telecommunications. For the purpose of this part, ...
- Florida Public Health Code Section 401.018; System coordination.
(1) The statewide system of regional emergency medical telecommunications shall be developed by the Department of Management Services, which department shall be responsible for the ...
- Florida Public Health Code Section 401.021; System director.
The Secretary of Management Services or his or her designee is designated as the director of the statewide telecommunications system of the regional emergency medical ...
- Florida Public Health Code Section 401.024; System approval.
From July 1, 1973, no emergency medical telecommunications system shall be established or present systems expanded without prior approval of the Department of Management ...
- Florida Public Health Code Section 401.027; Federal assistance.
The Secretary of Management Services or his or her designee is authorized to apply for and accept federal funding assistance in the development and implementation ...
- Florida Public Health Code Section 401.101; Short title.
This part shall be known and may be cited as the "Florida Emergency Medical Services Grant ...
- Florida Public Health Code Section 401.104; Legislative intent.
It is the legislative intent that emergency medical services are essential to the health and well-being of all citizens and that private and public ...
- Florida Public Health Code Section 401.107; Definitions.
As used in this part, the term: (1) "Department" means the Department of Health. (2) "Local agency" means the board of county commissioners. (3) "Emergency ...
- Florida Public Health Code Section 401.111; Emergency medical services grant program; authority.
The department is hereby authorized to make grants to local agencies, emergency medical services organizations, and youth athletic organizations in accordance with any agreement entered ...
- Florida Public Health Code Section 401.113; Department; powers and duties.
(1) Funds deposited into the Emergency Medical Services Trust Fund as provided by ss. 316.061, 316.192, 318.21, and 938.07 must be ...
- Florida Public Health Code Section 401.117; Grant agreements; conditions.
The department shall use the following guidelines in developing the procedures for grant disbursement: (1) The need for emergency medical services and the requirements of ...
- Florida Public Health Code Section 401.121; Rules and regulations.
The department is authorized to make rules and regulations necessary to carry out the purposes of this part, including funds and assistance to nonprofit volunteer ...
- Florida Public Health Code Section 401.2101; Short title.
This part may be cited as the "Raymond H. Alexander, M.D., Emergency Medical Transportation Services ...
- Florida Public Health Code Section 401.211; Legislative intent.
The Legislature recognizes that the systematic provision of emergency medical services saves lives and reduces disability associated with illness and injury. In addition, that system ...
- Florida Public Health Code Section 401.23; Definitions.
As used in this part, the term: (1) "Advanced life support" means treatment of life-threatening medical emergencies through the use of techniques such as ...
- Florida Public Health Code Section 401.24; Emergency medical services state plan.
The department is responsible, at a minimum, for the improvement and regulation of basic and advanced life support programs. The department shall develop and biennially ...
- Florida Public Health Code Section 401.243; Injury prevention.
The department shall establish an injury-prevention program with responsibility for the statewide coordination and expansion of injury-prevention activities. The duties of the department ...
- Florida Public Health Code Section 401.245; Emergency Medical Services Advisory Council.
(1) There is hereby created an advisory council for the purpose of acting as the advisory body to the emergency medical services program. The duties ...
- Florida Public Health Code Section 401.25; Licensure as a basic life support or an advanced life support service.
(1) Every person, firm, corporation, association, or governmental entity owning or acting as agent for the owner of any business or service which furnishes, operates, ...
- Florida Public Health Code Section 401.251; Air ambulance service; licensure.
(1) Each person, firm, corporation, association, or governmental entity that owns or acts as an agent for the owner of any business or service that ...
- Florida Public Health Code Section 401.252; Interfacility transfer.
(1) A licensed basic or advanced life support ambulance service may conduct interfacility transfers in a permitted ambulance, using a registered nurse in place of ...
- Florida Public Health Code Section 401.26; Vehicle permits for basic life support and advanced life support services.
(1) Every licensee shall possess a valid permit for each transport vehicle, advanced life support nontransport vehicle, and aircraft in use. Applications for such permits ...
- Florida Public Health Code Section 401.265; Medical directors.
(1) Each basic life support transportation service or advanced life support service must employ or contract with a medical director. The medical director must be ...
- Florida Public Health Code Section 401.268; Protocols with regional poison control centers.
By October 1, 1999, each licensee shall implement a prehospital emergency dispatch protocol with the regional poison control center established pursuant to s. 395.1027. ...
- Florida Public Health Code Section 401.27; Personnel; standards and certification.
(1) Each permitted ambulance not specifically exempted from this part, when transporting a person who is sick, injured, wounded, incapacitated, or helpless, must be occupied ...
- Florida Public Health Code Section 401.2701; Emergency medical services training programs.
(1) Any private or public institution in Florida desiring to conduct an approved program for the education of emergency medical technicians and paramedics shall: (a) ...
- Florida Public Health Code Section 401.271; Certification of emergency medical technicians and paramedics who are on active duty with the Armed Forces of the United States; spouses of members of the Armed Forces.
(1) Any member of the Armed Forces of the United States on active duty who, at the time he or she became a member, was ...
- Florida Public Health Code Section 401.2715; Recertification training of emergency medical technicians and paramedics.
(1) The department shall establish by rule criteria for all emergency medical technician and paramedic recertification training. The rules shall provide that all recertification training ...
- Florida Public Health Code Section 401.272; Emergency medical services community health care.
(1) The purpose of this section is to encourage more effective utilization of the skills of emergency medical technicians and paramedics by enabling them to ...
- Florida Public Health Code Section 401.273; Emergency medical technician and paramedic registry for disasters and emergencies.
(1) The department shall include on its forms for the certification or recertification of emergency medical technicians and paramedics who could assist the department in ...
- Florida Public Health Code Section 401.281; Drivers.
(1) Each licensee is responsible for assuring that its vehicles are driven only by trained, experienced, and otherwise qualified personnel. The licensee must, at a ...
- Florida Public Health Code Section 401.2915; Automated external defibrillators.
It is the intent of the Legislature that an automated external defibrillator may be used by any person for the purpose of saving the life ...
- Florida Public Health Code Section 401.2916; Educational campaign.
The Department of Health shall implement an educational campaign to inform any person who acquires an automated external defibrillator device of the scope and limitations ...
- Florida Public Health Code Section 401.30; Records.
(1) Each licensee must maintain accurate records of emergency calls on forms that contain such information as is required by the department. These records must ...
- Florida Public Health Code Section 401.31; Inspection and examination.
(1) In order to carry out the requirements of this part, the department shall periodically and randomly inspect licensees for compliance with the requirements of ...
- Florida Public Health Code Section 401.321; Transferability of license; effect of sale, transfer, assignment, or lease of service.
(1) Each license is valid only for the licensee to whom it is issued and is not subject to sale, assignment, or other transfer, voluntary ...
- Florida Public Health Code Section 401.33; Exemptions.
The following are exempt from this part: (1) A privately owned vehicle not ordinarily used in the business of transporting persons who are sick, injured, ...
- Florida Public Health Code Section 401.34; Fees.
(1) Each organization or person subject to this part must pay to the department the following nonrefundable fees: (a) Basic life support service license application: $...
- Florida Public Health Code Section 401.345; Emergency Medical Services Trust Fund.
(1) There is created the Emergency Medical Services Trust Fund in the State Treasury, which shall be used exclusively for those purposes provided by law. (...
- Florida Public Health Code Section 401.35; Rules.
The department shall adopt rules, including definitions of terms, necessary to carry out the purposes of this part. (1) The rules must provide at least ...
- Florida Public Health Code Section 401.38; Participation in federal programs.
The department shall develop federal funding proposals and apply for all federal funds available to carry out the purposes of this part. The department is ...
- Florida Public Health Code Section 401.41; Penalties.
(1) Any person who: (a) Uses or attempts to use a certificate, license, or permit that has been suspended, revoked, or terminated; (b) Practices or ...
- Florida Public Health Code Section 401.411; Disciplinary action; penalties.
(1) The department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificateholder, or other person operating ...
- Florida Public Health Code Section 401.414; Complaint investigation procedures.
(1) The department shall cause to be investigated any complaint that is filed before it if the complaint is in writing, signed by the complainant, ...
- Florida Public Health Code Section 401.421; Injunctive relief; cease and desist notice; civil penalty; enforcement.
(1) The secretary may cause to be instituted a civil action in circuit court for preliminary or permanent injunctive relief to remedy or prevent a ...
- Florida Public Health Code Section 401.425; Emergency medical services quality assurance; immunity from liability.
(1) As used in this section, the term "emergency medical review committee" or "committee" means a committee of: (a) An emergency medical service provider, a ...
- Florida Public Health Code Section 401.435; First responder agencies and training.
(1) The department must adopt by rule the United States Department of Transportation Emergency Medical Services: First Responder Training Course as the minimum standard for ...
- Florida Public Health Code Section 401.445; Emergency examination and treatment of incapacitated persons.
(1) No recovery shall be allowed in any court in this state against any emergency medical technician, paramedic, or physician as defined in this chapter, ...
- Florida Public Health Code Section 401.45; Denial of emergency treatment; civil liability.
(1)(a) Except as provided in subsection (3), a person may not be denied needed prehospital treatment or transport from any licensee for an emergency ...
- Florida Public Health Code Section 402.04; Award of scholarships and stipends; disbursement of funds; administration.
The award of scholarships or stipends provided for herein shall be made by the Department of Children and Family Services, hereinafter referred to as the ...
- Florida Public Health Code Section 402.05; Requisites for holding scholarship and stipend.
Scholarships or stipends are to be awarded only to such residents of the state as intend to make psychiatric social work, psychiatry, psychiatric nursing, and ...
- Florida Public Health Code Section 402.06; Notes required of scholarship holders.
Each person who receives a scholarship or stipend as provided for in this chapter shall execute a promissory note under seal, on forms to be ...
- Florida Public Health Code Section 402.07; Payment of notes.
Prior to the award of a scholarship or stipend provided herein for trainees in psychiatric social work, psychiatry, clinical psychology, or psychiatric nursing, the recipient ...
- Florida Public Health Code Section 402.115; Sharing confidential or exempt information.
Notwithstanding any other provision of law to the contrary, the Department of Health, the Department of Children and Family Services, and the Agency for Persons ...
- Florida Public Health Code Section 402.12; National Community Mental Health Centers Act.
Any federal funds accruing to the state for the purposes of carrying out the national Community Mental Health Centers Act of 1963 shall be paid ...
- Florida Public Health Code Section 402.16; Proceedings by department.
(1) Whenever it becomes necessary for the welfare and convenience of any of the institutions now under the supervision and control of the Department of ...
- Florida Public Health Code Section 402.161; Authorization for sale of property.
(1) The Department of Children and Family Services is authorized to sell any real or personal property that it acquired by way of donation, gift, ...
- Florida Public Health Code Section 402.164; Legislative intent; definitions.
(1)(a) It is the intent of the Legislature to use citizen volunteers as members of the Florida Statewide Advocacy Council and the Florida local ...
- Florida Public Health Code Section 402.165; Florida Statewide Advocacy Council; confidential records and meetings.
(1) The Florida Statewide Advocacy Council shall be located in the Executive Office of the Governor but may be assigned by the Governor for administrative ...
- Florida Public Health Code Section 402.166; Florida local advocacy councils; confidential records and meetings.
(1) The local councils are subject to direction from and the supervision of the statewide council. The statewide council shall assign staff to provide support ...
- Florida Public Health Code Section 402.167; Duties of state agencies that provide client services relating to the Florida Statewide Advocacy Council and the Florida local advocacy councils.
The secretaries or directors of the state agencies shall ensure the full cooperation and assistance of employees of their respective state agencies with members and ...
- Florida Public Health Code Section 402.17; Claims for care and maintenance; trust property.
The Department of Children and Family Services and the Agency for Persons with Disabilities shall protect the financial interest of the state with respect to ...
- Florida Public Health Code Section 402.18; Welfare trust funds created; use of.
(1) All moneys now held in any auxiliary, canteen, welfare, donated, or similar fund in any state institution under the jurisdiction of the Department of ...
- Florida Public Health Code Section 402.181; State Institutions Claims Program.
(1) There is created a State Institutions Claims Program, for the purpose of making restitution for property damages and direct medical expenses for injuries caused ...
- Florida Public Health Code Section 402.185; Productivity enhancing technology.
In accordance with the provisions of chapter 216, 20 percent of any unobligated General Revenue Fund or any trust fund appropriation for salaries and benefits, ...
- Florida Public Health Code Section 402.19; Photographing records; destruction of records; effect as evidence.
The Department of Children and Family Services may authorize each of the agencies under its supervision and control to photograph, microphotograph, or reproduce on film ...
- Florida Public Health Code Section 402.20; County contracts authorized for services and facilities for mental health and developmental disabilities.
The boards of county commissioners are authorized to provide monetary grants and facilities, and to enter into renewable contracts, for services and facilities, for a ...
- Florida Public Health Code Section 402.22; Education program for students who reside in residential care facilities operated by the Department of Children and Family Services or the Agency for Persons with Disabilities.
(1)(a) The Legislature recognizes that the Department of Children and Family Services and the Agency for Persons with Disabilities have under their residential care ...
- Florida Public Health Code Section 402.24; Recovery of third-party payments for medical services.
(1) As used in this section, "medical services" means medical or medically related institutional or noninstitutional services which are provided or paid for by the ...
- Florida Public Health Code Section 402.25; Infants and toddlers in state-funded education and care programs; brain development activities.
Each state-funded education and care program for children from birth to 5 years of age must provide activities to foster brain development in infants ...
- Florida Public Health Code Section 402.26; Child care; legislative intent.
(1) The Legislature recognizes the critical importance to the citizens of the state of both safety and quality in child care. Child care in Florida ...
- Florida Public Health Code Section 402.27; Child care and early childhood resource and referral.
The Department of Children and Family Services shall establish a statewide child care resource and referral network. Preference shall be given to using the already ...
- Florida Public Health Code Section 402.281; Gold Seal Quality Care program.
(1) Child care facilities, large family child care homes, or family day care homes that are accredited by a nationally recognized accrediting association whose standards ...
- Florida Public Health Code Section 402.301; Child care facilities; legislative intent and declaration of purpose and policy.
It is the legislative intent to protect the health, safety, and well-being of the children of the state and to promote their emotional and ...
- Florida Public Health Code Section 402.3016; Early Head Start collaboration grants.
(1) Contingent upon specific appropriations, the Agency for Workforce Innovation shall establish a program to award collaboration grants to assist local agencies in securing Early ...
- Florida Public Health Code Section 402.3018; Consultation to child care centers and family day care homes regarding health, developmental, disability, and special needs issues.
(1) Contingent upon specific appropriations, the department is directed to contract with the statewide resource information and referral agency for a statewide toll-free Warm-...
- Florida Public Health Code Section 402.302; Definitions.
(1) "Child care" means the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular ...
- Florida Public Health Code Section 402.3025; Public and nonpublic schools.
For the purposes of ss. 402.301-402.319, the following shall apply: (1) PUBLIC SCHOOLS.-- (a) The following programs for children shall not be ...
- Florida Public Health Code Section 402.3026; Full-service schools.
(1) The State Board of Education and the Department of Health shall jointly establish full-service schools to serve students from schools that have a ...
- Florida Public Health Code Section 402.3045; Requirement for distinguishable definitions of child care.
The Department of Children and Family Services shall adopt by rule a definition for child care which distinguishes between child care programs that require child ...
- Florida Public Health Code Section 402.305; Licensing standards; child care facilities.
(1) LICENSING STANDARDS.--The department shall establish licensing standards that each licensed child care facility must meet regardless of the origin or source of the ...
- Florida Public Health Code Section 402.30501; Modification of introductory child care course for community college credit authorized.
The Department of Children and Family Services may modify the 40-clock-hour introductory course in child care under s. 402.305 or s. 402....
- Florida Public Health Code Section 402.3051; Child care market rate reimbursement; child care grants.
(1) As used in this section, the term: (a) "Child care program assessment tool" means an assessment instrument designated or developed by the department to ...
- Florida Public Health Code Section 402.3054; Child enrichment service providers.
(1) For the purposes of this section, "child enrichment service provider" means an individual who provides enrichment activities, such as language training, music instruction, educational ...
- Florida Public Health Code Section 402.3055; Child care personnel requirements.
(1) REQUIREMENTS FOR CHILD CARE PERSONNEL.-- (a) The department or local licensing agency shall require that the application for a child care license contain a ...
- Florida Public Health Code Section 402.3057; Persons not required to be refingerprinted or rescreened.
Any provision of law to the contrary notwithstanding, human resource personnel who have been fingerprinted or screened pursuant to chapters 393, 394, 397, 402, and ...
- Florida Public Health Code Section 402.306; Designation of licensing agency; dissemination by the department and local licensing agency of information on child care.
(1) Any county whose licensing standards meet or exceed state minimum standards may: (a) Designate a local licensing agency to license child care facilities in ...
- Florida Public Health Code Section 402.307; Approval of licensing agency.
(1) Within 30 days after the promulgation of state minimum standards, each county shall provide the department with a copy of its standards if they ...
- Florida Public Health Code Section 402.308; Issuance of license.
(1) ANNUAL LICENSING.--Every child care facility in the state shall have a license which shall be renewed annually. (2) CHANGE OF OWNERSHIP.--Every child ...
- Florida Public Health Code Section 402.309; Provisional license or registration.
(1) The local licensing agency or the department, whichever is authorized to license child care facilities in a county, may issue a provisional license for ...
- Florida Public Health Code Section 402.310; Disciplinary actions; hearings upon denial, suspension, or revocation of license or registration; administrative fines.
(1)(a) The department or local licensing agency may administer any of the following disciplinary sanctions for a violation of any provision of ss. 402....
- Florida Public Health Code Section 402.311; Inspection.
A licensed child care facility shall accord to the department or the local licensing agency, whichever is applicable, the privilege of inspection, including access to ...
- Florida Public Health Code Section 402.3115; Elimination of duplicative and unnecessary inspections; abbreviated inspections.
The Department of Children and Family Services and local governmental agencies that license child care facilities shall develop and implement a plan to eliminate duplicative ...
- Florida Public Health Code Section 402.312; License required; injunctive relief.
(1) The operation of a child care facility without a license, a family day care home without a license or registration, or a large family ...
- Florida Public Health Code Section 402.3125; Display and appearance of license; posting of violations; information to be provided to parents.
(1)(a) Upon receipt of a license issued under s. 402.308 or s. 402.309, the child care facility shall display such license in ...
- Florida Public Health Code Section 402.313; Family day care homes.
(1) Family day care homes shall be licensed under this act if they are presently being licensed under an existing county licensing ordinance, if they ...
- Florida Public Health Code Section 402.3131; Large family child care homes.
(1) Large family child care homes shall be licensed under this section. (a) A licensed family day care home must first have operated for a ...
- Florida Public Health Code Section 402.3135; Subsidized child care case management program.
(1) The department shall establish or contract for a child care case management program for children at risk of abuse or neglect participating in the ...
- Florida Public Health Code Section 402.314; Supportive services.
The department shall provide consultation services, technical assistance, and inservice training, when requested and as available, to operators, licensees, registrants, and applicants to help improve ...
- Florida Public Health Code Section 402.3145; Subsidized child care transportation program.
(1) The department, pursuant to chapter 427, shall establish a subsidized child care transportation system for children at risk of abuse or neglect participating in ...
- Florida Public Health Code Section 402.315; Funding; license fees.
(1) If the county designates a local agency to be responsible for the licensing of child care facilities, the county shall bear at least 75 ...
- Florida Public Health Code Section 402.316; Exemptions.
(1) The provisions of ss. 402.301-402.319, except for the requirements regarding screening of child care personnel, shall not apply to a child ...
- Florida Public Health Code Section 402.317; Prolonged child care.
Notwithstanding the time restriction specified in s. 402.302(1), child care may be provided for 24 hours or longer for a child whose parent ...
- Florida Public Health Code Section 402.318; Advertisement.
No person shall advertise a child care facility without including within such advertisement the state or local agency license number of such facility. Violation of ...
- Florida Public Health Code Section 402.319; Penalties.
(1) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person knowingly to: (...
- Florida Public Health Code Section 402.33; Department authority to charge fees for services provided.
(1) As used in this section, the term: (a) "Benefit payments" means cash payments from retirement, survivors, or disability insurance or from supplemental security income ...
- Florida Public Health Code Section 402.34; Body corporate.
The department is a body corporate and shall adopt and have a corporate seal. It shall have the power to contract and be contracted with, ...
- Florida Public Health Code Section 402.35; Employees.
All personnel of the Department of Children and Family Services shall be governed by rules and regulations adopted and promulgated by the Department of Management ...
- Florida Public Health Code Section 402.40; Child welfare training.
(1) LEGISLATIVE INTENT.--In order to enable the state to provide a systematic approach to staff development and training for persons providing child welfare services ...
- Florida Public Health Code Section 402.401; Florida Child Welfare Student Loan Forgiveness Program.
(1) There is created the Florida Child Welfare Student Loan Forgiveness Program to be administered by the Department of Education. The program shall provide loan ...
- Florida Public Health Code Section 402.41; Educational materials and training concerning HIV infections and AIDS.
The Department of Health shall develop educational materials and training about the transmission, control, and prevention of human immunodeficiency virus infections and acquired immune deficiency ...
- Florida Public Health Code Section 402.45; Community resource mother or father program.
(1) The Department of Health shall establish a community resource mother or father program pursuant to this section within the resources allocated. The purpose of ...
- Florida Public Health Code Section 402.47; Foster grandparent and retired senior volunteer services to high-risk and handicapped children.
(1) As used in this section, the term: (a) "Foster grandparent" means an individual who volunteers to provide support services to high-risk and handicapped ...
- Florida Public Health Code Section 402.49; Mediation process established.
(1) The Department of Children and Family Services shall establish a mediation process for the purpose of resolving disputes that arise between the department and ...
- Florida Public Health Code Section 402.50; Administrative infrastructure; legislative intent; establishment of standards.
(1) LEGISLATIVE INTENT.--The Legislature finds evidence of deficiencies in the administrative infrastructure of the Department of Children and Family Services, hereafter referred to as ...
- Florida Public Health Code Section 402.55; Management fellows program.
(1) It is the intent of the Legislature to provide a program whereby the Department of Children and Family Services and the Department of Health ...
- Florida Public Health Code Section 402.70; Interagency agreement between Department of Health and Department of Children and Family Services.
The Department of Health and the Department of Children and Family Services shall enter into an interagency agreement to ensure coordination and cooperation in identifying ...
- Florida Public Health Code Section 402.71; Transfer of funds, positions, and budget authority within department.
(1) The secretary may transfer funds, positions, and budget authority within the department, pursuant to chapter 216, provided the department comports generally with legislative intent. (...
- Florida Public Health Code Section 402.73; Contracting and performance standards.
(1) The Department of Children and Family Services shall adopt, by rule, provisions for including in its contracts incremental penalties to be imposed by its ...
- Florida Public Health Code Section 402.7305; Department of Children and Family Services; procurement of contractual services; contract management.
(1) DEFINITIONS.--As used in this section, the term: (a) "Contract manager" means the department employee who is responsible for enforcing the compliance with administrative ...
- Florida Public Health Code Section 402.731; Department of Children and Family Services certification programs for employees and service providers; employment provisions for transition to community-based care.
(1) The Department of Children and Family Services is authorized to create certification programs for its employees and service providers to ensure that only qualified ...
- Florida Public Health Code Section 402.80; Office of Community Partners.
There is established the Office of Community Partners within the Department of Health for the purpose of receiving, coordinating, and dispensing federal funds set aside ...
- Florida Public Health Code Section 403.011; Short title.
This act shall be known and cited as the "Florida Air and Water Pollution Control ...
- Florida Public Health Code Section 403.021; Legislative declaration; public policy.
(1) The pollution of the air and waters of this state constitutes a menace to public health and welfare; creates public nuisances; is harmful to ...
- Florida Public Health Code Section 403.031; Definitions.
In construing this chapter, or rules and regulations adopted pursuant hereto, the following words, phrases, or terms, unless the context otherwise indicates, have the following ...
- Florida Public Health Code Section 403.051; Meetings; hearings and procedure.
(1) The department shall cause a transcript of the proceedings at all meetings to be made. (2)(a) Any department planning, permitting, design, construction, modification, ...
- Florida Public Health Code Section 403.061; Department; powers and duties.
The department shall have the power and the duty to control and prohibit pollution of air and water in accordance with the law and rules ...
- Florida Public Health Code Section 403.0611; Alternative methods of regulatory permitting; department duties.
The Department of Environmental Protection is directed to explore alternatives to traditional methods of regulatory permitting, provided that such alternative methods will not allow a ...
- Florida Public Health Code Section 403.0615; Water resources restoration and preservation.
(1) This section may be cited as the "Water Resources Restoration and Preservation Act." (2) The department shall establish a program to assist in the ...
- Florida Public Health Code Section 403.062; Pollution control; underground, surface, and coastal waters.
The department and its agents shall have general control and supervision over underground water, lakes, rivers, streams, canals, ditches, and coastal waters under the jurisdiction ...
- Florida Public Health Code Section 403.0623; Environmental data; quality assurance.
The department must establish, by rule, appropriate quality assurance requirements for environmental data submitted to the department and the criteria by which environmental data may ...
- Florida Public Health Code Section 403.0625; Environmental laboratory certification; water quality tests conducted by a certified laboratory.
(1) To assure the acceptable quality, reliability, and validity of testing results, the department and the Department of Health shall jointly establish criteria for certification ...
- Florida Public Health Code Section 403.063; Groundwater quality monitoring.
(1) The department, in cooperation with other state and federal agencies, water management districts, and local governments, shall establish a groundwater quality monitoring network designed ...
- Florida Public Health Code Section 403.064; Reuse of reclaimed water.
(1) The encouragement and promotion of water conservation, and reuse of reclaimed water, as defined by the department, are state objectives and are considered to ...
- Florida Public Health Code Section 403.0645; Reclaimed water use at state facilities.
(1) The encouragement and promotion of reuse of reclaimed water has been established as a state objective in ss. 373.250 and 403.064. Reuse ...
- Florida Public Health Code Section 403.067; Establishment and implementation of total maximum daily loads.
(1) LEGISLATIVE FINDINGS AND INTENT.--In furtherance of public policy established in s. 403.021, the Legislature declares that the waters of the state are ...
- Florida Public Health Code Section 403.072; Pollution Prevention Act.
Sections 403.072-403.074 may be cited as the "Pollution Prevention ...
- Florida Public Health Code Section 403.073; Pollution prevention; state goal; agency programs; public education.
(1) It is a goal of the state that all its agencies, the State University System, the 1State Board of Community Colleges, and all municipalities, ...
- Florida Public Health Code Section 403.074; Technical assistance by the department.
(1) To help develop effective programs to eliminate or reduce the use of materials that are toxic to humans, plants, or animals and to prevent ...
- Florida Public Health Code Section 403.075; Legislative findings.
In addition to the declarations contained in s. 403.021, the Legislature finds that: (1) Ecosystem management is a concept that includes coordinating the planning ...
- Florida Public Health Code Section 403.0752; Ecosystem management agreements.
(1) Upon the request of an applicant, the secretary of the department is authorized to enter into an ecosystem management agreement regarding any environmental impacts ...
- Florida Public Health Code Section 403.081; Performance by other state agencies.
All state agencies, including the Department of Health, shall be available to the department to perform, at its direction, the duties required of the department ...
- Florida Public Health Code Section 403.085; Sanitary sewage disposal units; advanced and secondary waste treatment; industrial waste, ocean outfall, inland outfall, or disposal well waste treatment.
(1) Neither the Department of Health nor any other state agency, county, special district, or municipality shall approve construction of any ocean outfall or disposal ...
- Florida Public Health Code Section 403.086; Sewage disposal facilities; advanced and secondary waste treatment.
(1)(a) Neither the Department of Health nor any other state agency, county, special district, or municipality shall approve construction of any facilities for sanitary ...
- Florida Public Health Code Section 403.0861; Scallop processing; discharge standards.
(1) In furtherance of public policy established in s. 403.021, the department shall, not later than July 1, 1987, adopt rules establishing technology-based ...
- Florida Public Health Code Section 403.0862; Discharge of waste from state groundwater cleanup operations to publicly owned treatment works.
(1) Upon agreement between a local governmental agency and the department, treated waste resulting from the department's cleanup or restoration of contaminated groundwater may ...
- Florida Public Health Code Section 403.087; Permits; general issuance; denial; revocation; prohibition; penalty.
(1) A stationary installation that is reasonably expected to be a source of air or water pollution must not be operated, maintained, constructed, expanded, or ...
- Florida Public Health Code Section 403.0871; Florida Permit Fee Trust Fund.
There is established within the department a nonlapsing trust fund to be known as the "Florida Permit Fee Trust Fund." All funds received from applicants ...
- Florida Public Health Code Section 403.0872; Operation permits for major sources of air pollution; annual operation license fee.
Provided that program approval pursuant to 42 U.S.C. s. 7661a has been received from the United States Environmental Protection Agency, beginning January 2, ...
- Florida Public Health Code Section 403.08725; Citrus juice processing facilities.
(1) COMPLIANCE REQUIREMENTS; DEFINITIONS.--Effective July 1, 2002, all existing citrus juice processing facilities shall comply with the provisions of this section in lieu of ...
- Florida Public Health Code Section 403.0873; Florida Air-Operation License Fee Account.
The "Florida Air-Operation License Fee Account" is established as a nonlapsing account within the Department of Environmental Protection's Air Pollution Control Trust Fund. ...
- Florida Public Health Code Section 403.08735; Air emissions trading.
(1) GENERIC AIR EMISSIONS BUBBLE RULE.--The department shall promulgate by July 1, 1996, a generic air emissions bubble rule to the fullest extent consistent ...
- Florida Public Health Code Section 403.0875; Citation of rule.
In addition to any other provisions within this part or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application ...
- Florida Public Health Code Section 403.0876; Permits; processing.
(1) Within 30 days after receipt of an application for a permit under this chapter, the department shall review the application and shall request submittal ...
- Florida Public Health Code Section 403.0877; Certification by professionals regulated by the Department of Business and Professional Regulation.
(1) Nothing in this section shall be construed as specific authority for a water management district or the department to require certification by a professional ...
- Florida Public Health Code Section 403.088; Water pollution operation permits; conditions.
(1) No person, without written authorization of the department, shall discharge into waters within the state any waste which, by itself or in combination with ...
- Florida Public Health Code Section 403.0881; Wastewater or reuse or disposal systems or water treatment works; construction permits.
The department may issue construction permits under s. 403.087 for wastewater systems, treatment works, or reuse or disposal systems based upon review of a ...
- Florida Public Health Code Section 403.0882; Discharge of demineralization concentrate.
(1) The Legislature finds and declares that it is in the public interest to conserve and protect water resources, provide adequate water supplies and provide ...
- Florida Public Health Code Section 403.0885; Establishment of federally approved state National Pollutant Discharge Elimination System (NPDES) Program.
(1) The Legislature finds and declares that it is in the public interest to promote effective and efficient regulation of the discharge of pollutants into ...
- Florida Public Health Code Section 403.08852; Clarification of requirements under rule 62-302.520(2), F.A.C.
For purposes of rule 62-302.520(2), Florida Administrative Code, new sources of heated water discharges shall include an expansion, modification, alteration, replacement, or ...
- Florida Public Health Code Section 403.0891; State, regional, and local stormwater management plans and programs.
The department, the water management districts, and local governments shall have the responsibility for the development of mutually compatible stormwater management programs. (1) The department ...
- Florida Public Health Code Section 403.0893; Stormwater funding; dedicated funds for stormwater management.
In addition to any other funding mechanism legally available to local government to construct, operate, or maintain stormwater systems, a county or municipality may: (1) ...
- Florida Public Health Code Section 403.0896; Training and assistance for stormwater management system personnel.
The Stormwater Management Assistance Consortium of the State University System, working in cooperation with the community colleges in the state, interested accredited private colleges and ...
- Florida Public Health Code Section 403.091; Inspections.
(1)(a) Any duly authorized representative of the department may at any reasonable time enter and inspect, for the purpose of ascertaining the state of ...
- Florida Public Health Code Section 403.092; Package sewage treatment facilities; inspection.
The department shall implement a program to conduct regular and continuing inspection of package sewage treatment facilities. To the greatest extent possible consistent with the ...
- Florida Public Health Code Section 403.111; Confidential records.
(1) Any information, other than effluent data and those records described in 42 U.S.C. s. 7661a(b)(8), relating to secret processes or ...
- Florida Public Health Code Section 403.121; Enforcement; procedure; remedies.
The department shall have the following judicial and administrative remedies available to it for violations of this chapter, as specified in s. 403.161(1). (...
- Florida Public Health Code Section 403.131; Injunctive relief, remedies.
(1) The department may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this chapter or ...
- Florida Public Health Code Section 403.135; Persons who accept wastewater for spray irrigation; civil liability.
(1) Any person who in good faith accepts from any owner or operator of a permitted wastewater treatment or disposal plant any wastewater permitted and ...
- Florida Public Health Code Section 403.141; Civil liability; joint and several liability.
(1) Whoever commits a violation specified in s. 403.161(1) is liable to the state for any damage caused to the air, waters, or ...
- Florida Public Health Code Section 403.151; Compliance with rules or orders of department.
All rules or orders of the department which require action to comply with standards adopted by it, or orders to comply with any provisions of ...
- Florida Public Health Code Section 403.161; Prohibitions, violation, penalty, intent.
(1) It shall be a violation of this chapter, and it shall be prohibited for any person: (a) To cause pollution, except as otherwise provided ...
- Florida Public Health Code Section 403.1651; Ecosystem Management and Restoration Trust Fund.
(1) There is created the Ecosystem Management and Restoration Trust Fund to be administered by the Department of Environmental Protection for the purposes of: (a) ...
- Florida Public Health Code Section 403.1655; Environmental short-term emergency response program.
(1) It is the purpose of this section to provide a mechanism through which the state can immediately respond to short-term emergencies involving a ...
- Florida Public Health Code Section 403.1815; Construction of water distribution mains and sewage collection and transmission systems; local regulation.
Notwithstanding any other provision of this chapter to the contrary, the department may, upon request, allow any county or municipality to independently regulate the construction ...
- Florida Public Health Code Section 403.182; Local pollution control programs.
(1) Each county and municipality or any combination thereof may establish and administer a local pollution control program if it complies with this act. Local ...
- Florida Public Health Code Section 403.1832; Department to accept federal aid; Grants and Donations Trust Fund.
(1) The department is designated as the administrative agency of the state to apply for and accept any funds or other aid and to cooperate ...
- Florida Public Health Code Section 403.1834; State bonds to finance or refinance facilities; exemption from taxation.
(1) The issuance of state bonds to finance or refinance the construction of water supply and distribution facilities, stormwater control and treatment facilities, and air ...
- Florida Public Health Code Section 403.1835; Water pollution control financial assistance.
(1) The purpose of this section is to assist in implementing the legislative declaration of public policy as contained in s. 403.021 by establishing ...
- Florida Public Health Code Section 403.1837; Florida Water Pollution Control Financing Corporation.
(1) The Florida Water Pollution Control Financing Corporation is created as a nonprofit public-benefit corporation for the purpose of financing or refinancing the costs ...
- Florida Public Health Code Section 403.1838; Small Community Sewer Construction Assistance Act.
(1) This section may be cited as the "Small Community Sewer Construction Assistance Act." (2) The department shall use funds specifically appropriated to award grants ...
- Florida Public Health Code Section 403.191; Construction in relation to other law.
(1) It is the purpose of this act to provide additional and cumulative remedies to prevent, abate, and control the pollution of the air and ...
- Florida Public Health Code Section 403.201; Variances.
(1) Upon application, the department in its discretion may grant a variance from the provisions of this act or the rules and regulations adopted pursuant ...
- Florida Public Health Code Section 403.231; Department of Legal Affairs to represent the state.
The Department of Legal Affairs shall represent the state and its agencies as legal adviser in carrying out the provisions of this ...
- Florida Public Health Code Section 403.251; Safety clause.
The Legislature hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health and ...
- Florida Public Health Code Section 403.265; Peat mining; permitting.
(1) Definitions.--As used in this section, the term: (a) "Agricultural use of peat" means the use of peat as a soil medium, additive, enhancer, ...
- Florida Public Health Code Section 403.281; Definitions; weather modification law.
As used in this chapter relating to weather modification: (1) "Department" means the Department of Environmental Protection. (2) "Person" includes any public or private ...
- Florida Public Health Code Section 403.291; Purpose of weather modification law.
The purpose of this law is to promote the public safety and welfare by providing for the licensing, regulation and control of interference by artificial ...
- Florida Public Health Code Section 403.301; Artificial weather modification operation; license required.
No person without securing a license from the department, shall cause or attempt to cause by artificial means condensation or precipitation of rain, snow, hail, ...
- Florida Public Health Code Section 403.311; Application for weather modification licensing; fee.
(1) Any person desiring to do or perform any of the acts specified in s. 403.301 may file with the department an application for ...
- Florida Public Health Code Section 403.321; Proof of financial responsibility.
(1) No license shall be issued to any person until he or she has filed with the department proof of ability to respond in damages ...
- Florida Public Health Code Section 403.331; Issuance of license; suspension or revocation; renewal.
(1) The department shall issue a license to each applicant who: (a) By education, skill and experience appears to be qualified to undertake the weather ...
- Florida Public Health Code Section 403.341; Filing and publication of notice of intention to operate; limitation on area and time.
Prior to undertaking any operation authorized by the license, the licensee shall file with the department and cause to be published a notice of intention. ...
- Florida Public Health Code Section 403.351; Contents of notice of intention.
The notice of intention shall set forth all of the following: (1) The name and post office address of the licensee. (2) The name and ...
- Florida Public Health Code Section 403.361; Publication of notice of intention.
The licensee shall cause the notice of intention to be published at least once a week for 2 consecutive weeks in a newspaper having general ...
- Florida Public Health Code Section 403.371; Proof of publication.
Proof of publication shall be filed by the licensee with the department 15 days from the date of the last publication of notice. Proof of ...
- Florida Public Health Code Section 403.381; Record and reports of operations.
(1) Each licensee shall keep and maintain a record of all operations conducted by him or her pursuant to his or her license showing the ...
- Florida Public Health Code Section 403.391; Emergency licenses.
Notwithstanding any provisions of this act to the contrary, the department may grant a license permitting a weather modification operation without compliance by the licensee ...
- Florida Public Health Code Section 403.401; Suspension or revocation of license.
Any license may be revoked or suspended if the department finds that the licensee has failed or refused to comply with any of the provisions ...
- Florida Public Health Code Section 403.411; Penalty.
Any person conducting a weather modification operation without first having procured a license, or who shall make a false statement in his or her application ...
- Florida Public Health Code Section 403.412; Environmental Protection Act.
(1) This section shall be known and may be cited as the "Environmental Protection Act of 1971." (2)(a) The Department of Legal Affairs, any ...
- Florida Public Health Code Section 403.413; Florida Litter Law.
(1) SHORT TITLE.--This section may be cited as the "Florida Litter Law." (2) DEFINITIONS.--As used in this section: (a) "Litter" means any garbage; ...
- Florida Public Health Code Section 403.4131; "Keep Florida Beautiful, Incorporated"; placement of signs.
(1) It is the intent of the Legislature that a coordinated effort of interested businesses, environmental and civic organizations, and state and local agencies of ...
- Florida Public Health Code Section 403.41315; Comprehensive illegal dumping, litter, and marine debris control and prevention.
(1) The Legislature finds that a comprehensive illegal dumping, litter, and marine debris control and prevention program is necessary to protect the beauty and the ...
- Florida Public Health Code Section 403.4132; Litter pickup and removal.
Local governments are encouraged to initiate programs to supplement the existing litter-removal program for public places and highway systems operated by the Department of ...
- Florida Public Health Code Section 403.4133; Adopt-a-Shore Program.
(1) The Legislature finds that litter and illegal dumping present a threat to the state's wildlife, environment, and shorelines. The Legislature further finds that ...
- Florida Public Health Code Section 403.4135; Litter receptacles.
(1) DEFINITIONS.--As used in this section "litter" and "vessel" have the same meanings as provided in s. 403.413. (2) RECEPTACLES REQUIRED.--All ports, ...
- Florida Public Health Code Section 403.414; Environmental award program.
(1) The department shall administer an environmental award program to recognize outstanding efforts in the protection, conservation, or restoration of the air, water, or other ...
- Florida Public Health Code Section 403.415; Motor vehicle noise.
(1) SHORT TITLE.--This act shall be known and may be cited as the "Florida Motor Vehicle Noise Prevention and Control Act of 1974." (2)(...
- Florida Public Health Code Section 403.4151; Exempt motor vehicles.
The provisions of this act shall not apply to any motor vehicle which is not required to be licensed under the provisions of chapter ...
- Florida Public Health Code Section 403.4153; Federal preemption.
On and after the date of promulgation of noise emission standards by the administrator of the United States Environmental Protection Agency for a class of ...
- Florida Public Health Code Section 403.4154; Phosphogypsum management program.
(1) DEFINITIONS.--As used in this section, the term: (a) "Department" means the Department of Environmental Protection. (b) "Existing stack" means a phosphogypsum stack, as ...
- Florida Public Health Code Section 403.4155; Phosphogypsum management; rulemaking authority.
(1) The Department of Environmental Protection shall adopt rules to amend existing chapter 62-672, Florida Administrative Code, to ensure that impoundment structures and water ...
- Florida Public Health Code Section 403.42; Florida Clean Fuel Act.
(1) SHORT TITLE AND PURPOSE.-- (a) This section may be cited as the "Florida Clean Fuel Act." (b) The purposes of this act are to ...
- Florida Public Health Code Section 403.501; Short title.
Sections 403.501-403.518 shall be known and may be cited as the "Florida Electrical Power Plant Siting ...
- Florida Public Health Code Section 403.502; Legislative intent.
The Legislature finds that the present and predicted growth in electric power demands in this state requires the development of a procedure for the selection ...
- Florida Public Health Code Section 403.503; Definitions relating to Florida Electrical Power Plant Siting Act.
As used in this act: (1) "Act" means the Florida Electrical Power Plant Siting Act. (2) "Agency," as the context requires, means an official, officer, ...
- Florida Public Health Code Section 403.504; Department of Environmental Protection; powers and duties enumerated.
The department shall have the following powers and duties in relation to this act: (1) To adopt rules pursuant to ss. 120.536(1) and ...
- Florida Public Health Code Section 403.5055; Application for permits pursuant to s. 403.0885.
In processing applications for permits pursuant to s. 403.0885 that are associated with applications for electrical power plant certification: (1) The procedural requirements set ...
- Florida Public Health Code Section 403.506; Applicability, thresholds, and certification.
(1) The provisions of this act shall apply to any electrical power plant as defined herein, except that the provisions of this act shall not ...
- Florida Public Health Code Section 403.5063; Notice of intent to file application.
(1) To expedite the processing of the application which may be filed subsequently, the applicant for a proposed power plant may file a notice of ...
- Florida Public Health Code Section 403.5064; Application; schedules.
(1) The formal date of filing of a certification application and commencement of the certification review process shall be when the applicant submits: (a) Copies ...
- Florida Public Health Code Section 403.5065; Appointment of administrative law judge; powers and duties.
(1) Within 7 days after receipt of an application, the department shall request the Division of Administrative Hearings to designate an administrative law judge to ...
- Florida Public Health Code Section 403.5066; Determination of completeness.
(1)(a) Within 30 days after the filing of an application, affected agencies shall file a statement with the department containing each agency's recommendations ...
- Florida Public Health Code Section 403.50663; Informational public meetings.
(1) A local government within whose jurisdiction the power plant is proposed to be sited may hold one informational public meeting in addition to the ...
- Florida Public Health Code Section 403.50665; Land use consistency.
(1) The applicant shall include in the application a statement on the consistency of the site or any directly associated facilities with existing land use ...
- Florida Public Health Code Section 403.507; Preliminary statements of issues, reports, project analyses, and studies.
(1) Each affected agency identified in paragraph (2)(a) shall submit a preliminary statement of issues to the department, the applicant, and all parties no ...
- Florida Public Health Code Section 403.508; Land use and certification hearings, parties, participants.
(1)(a) If a petition for a hearing on land use has been filed pursuant to s. 403.50665, the designated administrative law judge shall ...
- Florida Public Health Code Section 403.509; Final disposition of application.
(1)(a) If the administrative law judge has granted a request to cancel the certification hearing and has relinquished jurisdiction to the department under the ...
- Florida Public Health Code Section 403.5095; Alteration of time limits.
Any time limitation in this act may be altered by the designated administrative law judge upon stipulation between the department and the applicant, unless objected ...
- Florida Public Health Code Section 403.510; Superseded laws, regulations, and certification power.
(1) If any provision of this act is in conflict with any other provision, limitation, or restriction under any law, rule, regulation, or ordinance of ...
- Florida Public Health Code Section 403.511; Effect of certification.
(1) Subject to the conditions set forth therein, any certification shall constitute the sole license of the state and any agency as to the approval ...
- Florida Public Health Code Section 403.5112; Filing of notice of certified corridor route.
(1) Within 60 days after certification of a directly associated linear facility pursuant to this act, the applicant shall file, in accordance with s. 28....
- Florida Public Health Code Section 403.5113; Postcertification amendments.
(1) If, subsequent to certification by the board, a licensee proposes any material change to the application and revisions or amendments thereto, as certified, the ...
- Florida Public Health Code Section 403.5115; Public notice.
(1) The following notices are to be published by the applicant: (a) Notice of the filing of a notice of intent under s. 403.5063, ...
- Florida Public Health Code Section 403.5116; County and municipal authority unaffected by ch. 75-22.
Except as provided in ss. 403.510 and 403.511, nothing in chapter 75-22, Laws of Florida, shall be construed to have altered the ...
- Florida Public Health Code Section 403.512; Revocation or suspension of certification.
Any certification may be revoked or suspended: (1) For any material false statement in the application or in the supplemental or additional statements of fact ...
- Florida Public Health Code Section 403.513; Review.
Proceedings under this act shall be subject to judicial review as provided in chapter 120. When possible, separate appeals of the certification order issued by ...
- Florida Public Health Code Section 403.514; Enforcement of compliance.
Failure to obtain a certification, or to comply with the conditions thereof, or to comply with this act shall constitute a violation of chapter ...
- Florida Public Health Code Section 403.515; Availability of information.
The department shall make available for public inspection and copying during regular office hours, at the expense of any person requesting copies, any information filed ...
- Florida Public Health Code Section 403.516; Modification of certification.
(1) A certification may be modified after issuance in any one of the following ways: (a) The board may delegate to the department the authority ...
- Florida Public Health Code Section 403.517; Supplemental applications for sites certified for ultimate site capacity.
(1)(a) Supplemental applications may be submitted for certification of the construction and operation of electrical power plants to be located at sites which have ...
- Florida Public Health Code Section 403.5175; Existing electrical power plant site certification.
(1) An electric utility that owns or operates an existing electrical power plant as defined in s. 403.503(12) may apply for certification of ...
- Florida Public Health Code Section 403.518; Fees; disposition.
The department shall charge the applicant the following fees, as appropriate, which, unless otherwise specified, shall be paid into the Florida Permit Fee Trust Fund: (...
- Florida Public Health Code Section 403.5185; Law applicable to applications processed under ss. 403.501-403.518.
Any application for electrical power plant certification filed pursuant to ss. 403.501-403.518 shall be processed under the provisions of the law applicable ...
- Florida Public Health Code Section 403.519; Exclusive forum for determination of need.
(1) On request by an applicant or on its own motion, the commission shall begin a proceeding to determine the need for an electrical power ...
- Florida Public Health Code Section 403.52; Short title.
Sections 403.52-403.5365 may be cited as the "Florida Electric Transmission Line Siting ...
- Florida Public Health Code Section 403.521; Legislative intent.
The legislative intent of this act is to establish a centralized and coordinated licensing process for the location of electric transmission line corridors and the ...
- Florida Public Health Code Section 403.522; Definitions relating to the Florida Electric Transmission Line Siting Act.
As used in this act: (1) "Act" means the Florida Electric Transmission Line Siting Act. (2) "Agency," as the context requires, means an official, officer, ...
- Florida Public Health Code Section 403.523; Department of Environmental Protection; powers and duties.
The department has the following powers and duties: (1) To adopt procedural rules pursuant to ss. 120.536(1) and 120.54 to administer this ...
- Florida Public Health Code Section 403.524; Applicability; certification; exemptions.
(1) This act applies to each transmission line, except a transmission line certified under the Florida Electrical Power Plant Siting Act. (2) Except as provided ...
- Florida Public Health Code Section 403.525; Administrative law judge; appointment; powers and duties.
(1)(a) Within 7 days after receipt of an application, whether complete or not, the department shall request the Division of Administrative Hearings to designate ...
- Florida Public Health Code Section 403.5251; Application; schedules.
(1)(a) The formal date of the filing of the application for certification and commencement of the review process for certification is the date on ...
- Florida Public Health Code Section 403.5252; Determination of completeness.
(1)(a) Within 30 days after distribution of an application, the affected agencies shall file a statement with the department containing the recommendations of each ...
- Florida Public Health Code Section 403.526; Preliminary statements of issues, reports, and project analyses; studies.
(1) Each affected agency that is required to file a report in accordance with this section shall submit a preliminary statement of issues to the ...
- Florida Public Health Code Section 403.527; Certification hearing, parties, participants.
(1)(a) No later than 145 days after the application is filed, the administrative law judge shall conduct a certification hearing pursuant to ss. 120....
- Florida Public Health Code Section 403.5271; Alternate corridors.
(1) No later than 45 days before the originally scheduled certification hearing, any party may propose alternate transmission line corridor routes for consideration under the ...
- Florida Public Health Code Section 403.5272; Informational public meetings.
(1) A local government whose jurisdiction is to be crossed by a proposed corridor may hold one informational public meeting in addition to the hearings ...
- Florida Public Health Code Section 403.5275; Amendment to the application.
(1) Any amendment made to the application before certification shall be sent by the applicant to the administrative law judge and to all parties to ...
- Florida Public Health Code Section 403.528; Alteration of time limits.
(1) Any time limitation in this act may be altered by the administrative law judge upon stipulation between the department and the applicant unless objected ...
- Florida Public Health Code Section 403.529; Final disposition of application.
(1)(a) If the administrative law judge has granted a request to cancel the certification hearing and has relinquished jurisdiction to the department under s. ...
- Florida Public Health Code Section 403.531; Effect of certification.
(1) Subject to the conditions set forth therein, certification shall constitute the sole license of the state and any agency as to the approval of ...
- Florida Public Health Code Section 403.5312; Filing of notice of certified corridor route.
(1) Within 60 days after certification of a directly associated transmission line under ss. 403.501-403.518 or a transmission line corridor under ss. ...
- Florida Public Health Code Section 403.5315; Modification of certification.
A certification may be modified after issuance in any one of the following ways: (1) The board may delegate to the department the authority to ...
- Florida Public Health Code Section 403.5317; Postcertification activities.
(1)(a) If, subsequent to certification, a licensee proposes any material change to the application or prior amendments, the licensee shall submit to the department ...
- Florida Public Health Code Section 403.532; Revocation or suspension of certification.
Any certification may be revoked or suspended: (1) For any material false statement in the application or in the supplemental or additional statements of fact ...
- Florida Public Health Code Section 403.533; Enforcement of compliance.
Failure to obtain a certification, or to comply with the conditions thereof, or to comply with this act shall constitute a violation of chapter ...
- Florida Public Health Code Section 403.536; Superseded laws, regulations, and certification power.
(1) If any provision of this act is in conflict with any other provision, limitation, or restriction under any law, rule, regulation, or ordinance of ...
- Florida Public Health Code Section 403.5363; Public notices; requirements.
(1)(a) The applicant shall arrange for the publication of the notices specified in paragraph (b). 1. The notices shall be published in newspapers of ...
- Florida Public Health Code Section 403.5365; Fees; disposition.
The department shall charge the applicant the following fees, as appropriate, which, unless otherwise specified, shall be paid into the Florida Permit Fee Trust Fund: (...
- Florida Public Health Code Section 403.537; Determination of need for transmission line; powers and duties.
(1)(a) Upon request by an applicant or upon its own motion, the Florida Public Service Commission shall schedule a public hearing, after notice, to ...
- Florida Public Health Code Section 403.539; Certification admissible in eminent domain proceedings; attorney's fees and costs.
(1) Certification pursuant to ss. 403.52-403.5365 shall be admissible as evidence of public need and necessity in proceedings under chapter 73 or ...
- Florida Public Health Code Section 403.60; Environmental Control Compact; execution authorized.
The Governor on behalf of this state is hereby authorized to execute a compact, in substantially the following form, with any one or more of ...
- Florida Public Health Code Section 403.702; Legislative findings; public purpose.
(1) In order to enhance the beauty and quality of our environment; conserve and recycle our natural resources; prevent the spread of disease and the ...
- Florida Public Health Code Section 403.703; Definitions.
As used in this act, unless the context clearly indicates otherwise, the term: (1) "Department" means the Department of Environmental Protection or any successor agency ...
- Florida Public Health Code Section 403.7031; Limitations on definitions adopted by local ordinance.
A county or a municipality shall not adopt by ordinance any definition that is inconsistent with the definitions in s. 403....
- Florida Public Health Code Section 403.704; Powers and duties of the department.
The department shall have responsibility for the implementation and enforcement of the provisions of this act. In addition to other powers and duties, the department ...
- Florida Public Health Code Section 403.7043; Compost standards and applications.
(1) In order to protect the state's land and water resources, compost produced, utilized, or disposed of by the composting process at solid waste ...
- Florida Public Health Code Section 403.7045; Application of act and integration with other acts.
(1) The following wastes or activities shall not be regulated pursuant to this act: (a) Byproduct material, source material, and special nuclear material, the generation, ...
- Florida Public Health Code Section 403.7046; Regulation of recovered materials.
(1) Any person who handles, purchases, receives, recovers, sells, or is an end user of recovered materials shall annually certify to the department on forms ...
- Florida Public Health Code Section 403.7049; Determination of full cost for solid waste management; local solid waste management fees.
(1) Each county and each municipality shall determine each year the full cost for solid waste management within the service area of the county or ...
- Florida Public Health Code Section 403.705; State solid waste management program.
(1) The state solid waste management program shall: (a) Provide guidelines for the orderly storage, separation, processing, recovery, recycling, and disposal of solid waste throughout ...
- Florida Public Health Code Section 403.706; Local government solid waste responsibilities.
(1) The governing body of a county has the responsibility and power to provide for the operation of solid waste disposal facilities to meet the ...
- Florida Public Health Code Section 403.70605; Solid waste collection services in competition with private companies.
(1) SOLID WASTE COLLECTION SERVICES IN COMPETITION WITH PRIVATE COMPANIES.-- (a) A local government that provides specific solid waste collection services in direct competition with ...
- Florida Public Health Code Section 403.7061; Requirements for review of new waste-to-energy facility capacity by the Department of Environmental Protection.
(1) The Legislature recognizes the need to use an integrated approach to municipal solid waste management. Accordingly, the solid waste management legislation adopted in 1988 ...
- Florida Public Health Code Section 403.70611; Requirements relating to solid waste disposal facility permitting.
Local government applicants for a permit to construct or expand a Class I landfill are encouraged to consider construction of a waste-to-energy facility ...
- Florida Public Health Code Section 403.7063; Use of private services in solid waste management.
In providing services or programs for solid waste management, local governments and state agencies should use the most cost-effective means for the provision of ...
- Florida Public Health Code Section 403.7065; Procurement of products or materials with recycled content.
(1) Except as provided in s. 287.045, any state agency or agency of a political subdivision of the state which is using state funds, ...
- Florida Public Health Code Section 403.707; Permits.
(1) No solid waste management facility may be operated, maintained, constructed, expanded, modified, or closed without an appropriate and currently valid permit issued by the ...
- Florida Public Health Code Section 403.7072; Citation of rule.
In addition to any other provisions within this part or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application ...
- Florida Public Health Code Section 403.7075; Submission of plans for certain solid waste management facilities; conditions.
All plans and applications for a permit to construct and operate a solid waste management facility as provided in s. 403.707 may be prepared ...
- Florida Public Health Code Section 403.708; Prohibition; penalty.
(1) No person shall: (a) Place or deposit any solid waste in or on the land or waters located within the state except in a ...
- Florida Public Health Code Section 403.709; Solid Waste Management Trust Fund; use of waste tire fees.
There is created the Solid Waste Management Trust Fund, to be administered by the department. From the annual revenues deposited in the trust fund, unless ...
- Florida Public Health Code Section 403.7095; Solid waste management grant program.
(1) The department shall develop a competitive and innovative grant program for counties, municipalities, special districts, and nonprofit organizations that have legal responsibility for the ...
- Florida Public Health Code Section 403.712; Revenue bonds.
(1) Revenue bonds payable from funds which result from the revenues derived from the operation of solid waste management facilities and from any revenues which ...
- Florida Public Health Code Section 403.7125; Landfill management escrow account.
(1) As used in this section: (a) "Landfill" means any solid waste land disposal area for which a permit, other than a general permit, is ...
- Florida Public Health Code Section 403.713; Ownership and control of solid waste and recovered materials.
(1) Nothing in this act or in any local act or ordinance shall be construed to limit the free flow of solid waste across municipal ...
- Florida Public Health Code Section 403.714; Duties of state agencies.
(1) Each state agency, the judicial branch of state government, and the State University System shall: (a) Establish a program, in cooperation with the department ...
- Florida Public Health Code Section 403.7145; Recycling.
(1) The Capitol and the House and Senate office buildings constitute the Capitol recycling area. The Florida House of Representatives, the Florida Senate, and the ...
- Florida Public Health Code Section 403.715; Certification of resource recovery or recycling equipment.
For purposes of implementing the tax exemption provided by s. 212.08(7)(q), the department shall establish a system for the examination and certification ...
- Florida Public Health Code Section 403.716; Training of operators of solid waste management and other facilities.
(1) The department shall establish qualifications for, and encourage the development of training programs for, operators of landfills, coordinators of local recycling programs, operators of ...
- Florida Public Health Code Section 403.717; Waste tire and lead-acid battery requirements.
(1) For purposes of this section and ss. 403.718 and 403.7185: (a) "Department" means the Department of Environmental Protection. (b) "Motor vehicle" means ...
- Florida Public Health Code Section 403.718; Waste tire fees.
(1) For the privilege of engaging in business, a fee for each new motor vehicle tire sold at retail, including those sold to any governmental ...
- Florida Public Health Code Section 403.7185; Lead-acid battery fees.
(1) For the privilege of engaging in business, a fee for each new or remanufactured lead-acid battery sold at retail, including those sold to ...
- Florida Public Health Code Section 403.71851; Electronic recycling grants.
The Department of Environmental Protection is authorized to use funds from the Solid Waste Management Trust Fund as grants to Florida-based businesses with 5 ...
- Florida Public Health Code Section 403.71852; Collection of lead-containing products.
The Department of Environmental Protection is directed to work with the Department of Management Services to implement a pilot program to collect lead-containing products, ...
- Florida Public Health Code Section 403.7186; Environmentally sound management of mercury-containing devices and lamps.
(1) DEFINITIONS.--For the purposes of this section, unless the context otherwise requires, the term: (a) "Department" means the Department of Environmental Protection. (b) "Mercury-...
- Florida Public Health Code Section 403.7191; Toxics in packaging.
(1) FINDINGS AND INTENT.--The Legislature finds that: (a) Managing solid waste poses a wide range of hazards to public health and safety and to ...
- Florida Public Health Code Section 403.7192; Batteries; requirements for consumer, manufacturers, and sellers; penalties.
(1) As used in this section, the term: (a) "Cell" means a galvanic or voltaic device weighing 25 pounds or less consisting of an enclosed ...
- Florida Public Health Code Section 403.7193; Environmental representations.
(1) Any person who represents in advertising or on the label or container of a consumer product that the consumer product that the person manufactures ...
- Florida Public Health Code Section 403.72; Identification, listing, and notification.
(1) The department shall adopt rules which list hazardous wastes and identify their characteristics and shall establish procedures by which hazardous waste may be identified. ...
- Florida Public Health Code Section 403.721; Standards, requirements, and procedures for generators and transporters of hazardous waste and owners and operators of hazardous waste facilities.
(1) Persons who generate or transport hazardous waste, or who own or operate a hazardous waste facility, shall comply with the applicable standards, requirements, and ...
- Florida Public Health Code Section 403.7211; Hazardous waste facilities managing hazardous wastes generated offsite; federal facilities managing hazardous waste.
(1) This section applies to facilities managing hazardous waste generated offsite. This section does not apply to manufacturers, power generators, or other industrial operations that ...
- Florida Public Health Code Section 403.7215; Tax on gross receipts of commercial hazardous waste facilities.
(1) The owner or operator of each privately owned, permitted, commercial hazardous waste transfer, storage, treatment, or disposal facility shall, on or before January 25 ...
- Florida Public Health Code Section 403.722; Permits; hazardous waste disposal, storage, and treatment facilities.
(1) Each person who intends to construct, modify, operate, or close a hazardous waste disposal, storage, or treatment facility shall obtain a construction permit, operation ...
- Florida Public Health Code Section 403.7221; Research, development, and demonstration permits.
(1) The department may issue a research, development, and demonstration permit to the owner or operator of any solid waste management facility who proposes to ...
- Florida Public Health Code Section 403.7222; Prohibition of hazardous waste landfills.
(1) As used in this section, the term "hazardous waste landfill" means a disposal facility or part of a facility at which hazardous waste that ...
- Florida Public Health Code Section 403.7223; Waste elimination and reduction assistance program.
(1) The Legislature finds that the reduction of the volume and toxicity of hazardous waste generated in the state is the most environmentally, economically, and ...
- Florida Public Health Code Section 403.7225; Local hazardous waste management assessments.
(1) The Legislature recognizes that there is a need for identifying the amount, type, sources, and management of hazardous waste generated by small quantity generators ...
- Florida Public Health Code Section 403.7226; Technical assistance by the department.
The department shall: (1) Provide technical assistance to county governments and regional planning councils to ensure consistency in implementing local hazardous waste management assessments as ...
- Florida Public Health Code Section 403.723; Siting of hazardous waste facilities.
It is the intent of the Legislature to facilitate siting of proper hazardous waste storage facilities in each region and any additional storage, treatment, or ...
- Florida Public Health Code Section 403.7234; Small quantity generator notification and verification program.
(1) Each county shall notify, according to guidelines established under s. 403.7226, each small quantity generator identified on its assessment roll, during the first ...
- Florida Public Health Code Section 403.7236; Local government information to be sent to the department.
Each county shall transmit the following information to the department, according to guidelines established under s. 403.7226: (1) A summary of the information gathered ...
- Florida Public Health Code Section 403.7238; Expanded local hazardous waste management programs.
(1) The Legislature recognizes the need for increased participation by local governments in ensuring that small quantity generators are properly managing their hazardous waste and ...
- Florida Public Health Code Section 403.724; Financial responsibility.
(1) An owner or operator of a hazardous waste facility, as a prerequisite to the operation, closure, postclosure, or corrective action at a facility in ...
- Florida Public Health Code Section 403.7255; Department to adopt rules.
(1) The department shall adopt rules which establish requirements and procedures for the placement of signs at sites which may have been contaminated by hazardous ...
- Florida Public Health Code Section 403.726; Abatement of imminent hazard caused by hazardous substance.
(1) The Legislature finds that hazardous waste which has been improperly generated, transported, disposed of, stored, or treated may pose an imminent hazard to the ...
- Florida Public Health Code Section 403.7264; Amnesty days for purging small quantities of hazardous wastes.
Amnesty days are authorized by the state for the purpose of purging small quantities of hazardous waste, free of charge, from the possession of homeowners, ...
- Florida Public Health Code Section 403.7265; Local hazardous waste collection program.
(1) The Legislature recognizes the need for local governments to establish local hazardous waste management programs and local collection centers throughout the state. Local hazardous ...
- Florida Public Health Code Section 403.727; Violations; defenses, penalties, and remedies.
(1) It is unlawful for any hazardous waste generator, transporter, or facility owner or operator to: (a) Fail to comply with the provisions of this ...
- Florida Public Health Code Section 403.728; Qualifications of operation personnel of hazardous waste facilities.
The owner and operator of a hazardous waste facility shall employ persons who are adequately trained, or who are registered in a training program, to ...
- Florida Public Health Code Section 403.73; Trade secrets; confidentiality.
Records, reports, or information obtained from any person under this part, unless otherwise provided by law, shall be available to the public, except upon a ...
- Florida Public Health Code Section 403.74; Management of hazardous materials by governmental agencies.
(1) For the purposes of this section, "hazardous materials" are those substances which are: (a) Listed as constituents of waste streams F001, F002, F003, F004, ...
- Florida Public Health Code Section 403.75; Definitions relating to used oil.
As used in ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, the term: (1) "Public ...
- Florida Public Health Code Section 403.751; Prohibited actions; used oil.
(1)(a) No person may collect, transport, store, recycle, use, or dispose of used oil in any manner which endangers the public health or welfare. (...
- Florida Public Health Code Section 403.753; Public educational program about collection and recycling of used oil.
The department shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil and ...
- Florida Public Health Code Section 403.7531; Notice by retail dealer.
A retail dealer who annually sells directly to the public more than 500 gallons of oil in containers for use off-premises shall post in ...
- Florida Public Health Code Section 403.754; Registration of persons transporting, processing, burning, or marketing used oil; fees; reports and records.
(1) The following persons shall register annually with the department pursuant to rules of the department on forms prescribed by it: (a) Used oil transporters ...
- Florida Public Health Code Section 403.7545; Regulation of used oil as hazardous waste.
Nothing in ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, shall prohibit the department from ...
- Florida Public Health Code Section 403.756; Report to Legislature concerning oil recycling.
The department shall submit an annual report to the Legislature which summarizes information on used oil collection and recycling, analyzes the effectiveness of this act, ...
- Florida Public Health Code Section 403.757; Coordination with other state agencies.
(1) The department shall coordinate its activities and functions under ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, ...
- Florida Public Health Code Section 403.758; Enforcement and penalty.
(1) Except as provided in subsection (2), the department may enforce ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-...
- Florida Public Health Code Section 403.759; Disposition of fees, fines, and penalties.
The proceeds from the registration fees, fines, and penalties imposed by ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-...
- Florida Public Health Code Section 403.760; Public used oil collection centers.
(1) The department shall encourage the voluntary establishment of public used oil collection centers and recycling programs and provide technical assistance to persons who organize ...
- Florida Public Health Code Section 403.761; Incentives program.
(1) The department is authorized to establish an incentives program for individuals who change their own oil to encourage them to return their used oil ...
- Florida Public Health Code Section 403.763; Grants to local governments.
(1) The department shall develop a grants program for local governments to encourage the collection, reuse, and proper disposal of used oil. No grant may ...
- Florida Public Health Code Section 403.767; Certification of used oil transporters.
(1) Any person who transports over public highways more than 500 gallons annually of used oil must be a certified transporter. This subsection does not ...
- Florida Public Health Code Section 403.769; Permits for used oil processing and rerefining facilities.
(1) Each person who intends to operate, modify, or close a used oil processing facility shall obtain an operation or closure permit from the department ...
- Florida Public Health Code Section 403.7721; Rule of construction; chs. 85-269 and 85-277.
The provisions of chapters 85-269 and 85-277, Laws of Florida, shall be construed to supplement rather than to diminish or supersede the powers ...
- Florida Public Health Code Section 403.78; Short title.
Sections 403.78-403.7893 may be cited as the "Statewide Multipurpose Hazardous Waste Facility Siting ...
- Florida Public Health Code Section 403.781; Legislative intent.
The legislative intent of ss. 403.78-403.7893 is to establish a centralized and coordinated permitting process for the location, construction, operation, and maintenance ...
- Florida Public Health Code Section 403.782; Definitions relating to Statewide Multipurpose Hazardous Waste Facility Siting Act.
As used in ss. 403.78-403.7893: (1) "Agency," as the context requires, means an official, officer, commission, authority, council, committee, department, division, bureau, ...
- Florida Public Health Code Section 403.783; Department of Environmental Protection; powers and duties.
The department shall have the following powers and duties: (1) To make findings or make or contract for studies of certification applications on matters within ...
- Florida Public Health Code Section 403.784; Applicability and certification.
The provisions of chapter 120 shall apply to this act, except as alternative proceedings are expressly provided herein. The provisions of ss. 403.78-403....
- Florida Public Health Code Section 403.7841; Application for certification.
(1) To initiate the certification process, the applicant shall file five copies of an application for the proposed project in accordance with this section. The ...
- Florida Public Health Code Section 403.7842; Fees.
(1) The applicant shall submit to the department with a certification application a filing fee of $75,000. The department may reject any application for ...
- Florida Public Health Code Section 403.785; Appointment of administrative law judge.
Within 7 days after receipt of an application, whether complete or not, the department shall request the Division of Administrative Hearings to designate an administrative ...
- Florida Public Health Code Section 403.786; Report and studies.
(1) The Department of Community Affairs, the water management district which has jurisdiction over the area wherein the proposed project is to be located, the ...
- Florida Public Health Code Section 403.787; Notice, proceedings, parties, participants.
(1)(a) No later than 15 days after the receipt of an application, the department shall arrange for publication of a notice of the application ...
- Florida Public Health Code Section 403.7871; Public meetings.
(1) At the request of any affected local government, the department shall conduct one public meeting regarding the certification application to assure that there is ...
- Florida Public Health Code Section 403.7872; Amendment to the application.
(1) Any amendment made to the application shall be sent by the applicant to the administrative law judge and to all parties to the proceeding. (...
- Florida Public Health Code Section 403.7873; Alteration of time limits.
Any time limitation in ss. 403.78-403.7893 may be altered by the administrative law judge upon stipulation between the department and the applicant ...
- Florida Public Health Code Section 403.788; Final disposition of application.
(1) For the purposes of issuing a final order, the board shall serve as the agency head. Within 45 days after receipt of the administrative ...
- Florida Public Health Code Section 403.7881; Terms and conditions of certification.
The board is authorized to incorporate such terms and conditions in the certification as it deems appropriate to comply with applicable standards of the department ...
- Florida Public Health Code Section 403.789; Effect of certification.
(1) Subject to the conditions set forth therein, certification shall constitute the sole license of the state and any agency as to the approval of ...
- Florida Public Health Code Section 403.7891; Revocation, suspension, or modification of certification.
(1) Any certification may be revoked or suspended, or additional conditions may be imposed: (a) For any material false statement in the application or in ...
- Florida Public Health Code Section 403.7892; Enforcement of compliance.
Failure to obtain a certification, or to comply with the conditions thereof, or to comply with this part constitutes a violation of, and shall be ...
- Florida Public Health Code Section 403.7893; Superseded laws, regulations, and certification power.
(1) If any provision of ss. 403.78-403.7893 is in conflict with any other provision, limitation, or restriction which is now in effect ...
- Florida Public Health Code Section 403.7895; Requirements for the permitting and certification of commercial hazardous waste incinerators.
(1) LEGISLATIVE INTENT.--The Legislature finds that Florida should develop an integrated hazardous waste management program, with sufficient capacity to treat the hazardous waste generated ...
- Florida Public Health Code Section 403.801; Short title.
Chapter 75-22, Laws of Florida, shall be known and may be cited as the "Florida Environmental Reorganization Act of ...
- Florida Public Health Code Section 403.802; Declaration of policy.
Reasserting the policies of the Governmental Reorganization Act of 1969 and the Florida Environmental Reorganization Act of 1975 which recognize that structural reorganization should be ...
- Florida Public Health Code Section 403.803; Definitions.
When used in this act, the term, phrase, or word: (1) "Branch office" means a geographical area, the boundaries of which may be established as ...
- Florida Public Health Code Section 403.804; Environmental Regulation Commission; powers and duties.
(1) Except as provided in subsection (2) and s. 120.54(4), the commission, pursuant to s. 403.805(1), shall exercise the standard-setting ...
- Florida Public Health Code Section 403.805; Secretary; powers and duties.
(1) The secretary shall have the powers and duties of heads of departments set forth in chapter 20, including the authority to adopt rules pursuant ...
- Florida Public Health Code Section 403.8051; Small Business Air Pollution Compliance Advisory Council; members; duties.
(1) The Small Business Air Pollution Compliance Advisory Council is created within the department. The council shall have seven members, appointed as follows: (a) Two ...
- Florida Public Health Code Section 403.8052; Small Business Stationary Air Pollution Source Technical and Environmental Compliance Assistance Program.
(1) The department shall establish a technical and environmental compliance assistance program for small business stationary air pollution sources. The program shall assist such stationary ...
- Florida Public Health Code Section 403.8055; Department adoption of federal standards.
Notwithstanding ss. 120.54 and 403.804, the secretary is empowered to adopt rules substantively identical to regulations adopted in the Federal Register by the ...
- Florida Public Health Code Section 403.809; Environmental districts; establishment; managers; functions.
(1) The secretary shall establish environmental districts. The boundaries of the environmental districts shall coincide with the boundaries of the water management districts, and a ...
- Florida Public Health Code Section 403.811; Dredge and fill permits issued pursuant to this chapter and s. 373.414.
Permits or other orders addressing dredging and filling in, on, or over waters of the state issued pursuant to this chapter or s. 373.414(...
- Florida Public Health Code Section 403.812; Dredge and fill permitting in stormwater management systems.
The department shall not require dredge and fill permits for stormwater management systems where such systems are located landward of the point of connection to ...
- Florida Public Health Code Section 403.813; Permits issued at district centers; exceptions.
(1) The secretary shall adopt procedural rules providing for a short-form application for, and issuance at the district centers of, permits for: (a) Projects ...
- Florida Public Health Code Section 403.8135; Citation of rule.
In addition to any other provisions within this part or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application ...
- Florida Public Health Code Section 403.814; General permits; delegation.
(1) The secretary is authorized to adopt rules establishing and providing for a program of general permits under chapter 253 and this chapter for projects, ...
- Florida Public Health Code Section 403.815; Public notice; waiver of hearings.
The department may publish or by rule require the applicant to publish, or the applicant may elect to publish, in a newspaper of general circulation ...
- Florida Public Health Code Section 403.816; Permits for maintenance dredging of deepwater ports and beach restoration projects.
(1) The department shall establish a permit system under this chapter and chapter 253 which provides for the performance, for up to 25 years from ...
- Florida Public Health Code Section 403.8163; Sites for disposal of spoil from maintenance dredge operations; selection.
Lands created by spoil or used as dredge spoil sites must be given priority consideration as sites for disposal of spoil in maintenance dredge operations, ...
- Florida Public Health Code Section 403.850; Short title.
This act may be cited as the "Florida Safe Drinking Water ...
- Florida Public Health Code Section 403.851; Declaration of policy; intent.
It is the policy of the state that the citizens of Florida shall be assured of the availability of safe drinking water. Recognizing that this ...
- Florida Public Health Code Section 403.852; Definitions; ss. 403.850-403.864.
As used in ss. 403.850-403.864: (1) "Department" means the Department of Environmental Protection, which is charged with the primary responsibility for the ...
- Florida Public Health Code Section 403.853; Drinking water standards.
(1) The department shall adopt and enforce: (a)1. State primary drinking water regulations that shall be no less stringent at any given time than ...
- Florida Public Health Code Section 403.8532; Drinking water state revolving loan fund; use; rules.
(1) The purpose of this section is to assist in implementing the legislative declarations of public policy contained in ss. 403.021 and 403.851 ...
- Florida Public Health Code Section 403.8533; Drinking Water Revolving Loan Trust Fund.
(1) There is created the Drinking Water Revolving Loan Trust Fund to be administered by the Department of Environmental Protection for the purposes of: (a) ...
- Florida Public Health Code Section 403.8535; Citation of rule.
In addition to any other provisions within this part or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application ...
- Florida Public Health Code Section 403.854; Variances, exemptions, and waivers.
(1) The department may authorize variances or exemptions from the regulations issued pursuant to s. 403.853 under conditions and in such manner as it ...
- Florida Public Health Code Section 403.855; Imminent hazards.
In coordination with the Department of Health, the department, upon receipt of information that a contaminant which is present in, or is likely to enter, ...
- Florida Public Health Code Section 403.856; Plan for emergency provision of water.
The department shall adopt an adequate plan, after consultation with the Department of Health, for the provision of safe drinking water under emergency circumstances. When, ...
- Florida Public Health Code Section 403.857; Notification of users and regulatory agencies.
Whenever a public water supply system: (1) Is not in compliance with the state primary and secondary drinking water regulations; (2) Fails to perform monitoring ...
- Florida Public Health Code Section 403.858; Inspections.
Any duly authorized representative of the department or of the Department of Health may enter, take water samples from, and inspect any property, premises, or ...
- Florida Public Health Code Section 403.859; Prohibited acts.
The following acts and the causing thereof are prohibited and are violations of this act: (1) Failure by a supplier of water to comply with ...
- Florida Public Health Code Section 403.860; Penalties and remedies.
(1) A fine, not to exceed $5,000 for each day in which a violation occurs, may be imposed by a court of competent jurisdiction ...
- Florida Public Health Code Section 403.861; Department; powers and duties.
The department shall have the power and the duty to carry out the provisions and purposes of this act and, for this purpose, to: (1) ...
- Florida Public Health Code Section 403.8615; Determination of capability and capacity development.
(1) The department shall require all new community water systems and new nontransient, noncommunity water systems seeking to commence operations after October 1, 1999, to ...
- Florida Public Health Code Section 403.862; Department of Health; public water supply duties and responsibilities; coordinated budget requests with department.
(1) Recognizing that supervision and control of county health departments of the Department of Health is retained by the secretary of that agency, and that ...
- Florida Public Health Code Section 403.863; State public water supply laboratory certification program.
(1) The department and the Department of Health shall jointly develop a state program, and the Department of Health shall adopt rules for the evaluation ...
- Florida Public Health Code Section 403.8635; State drinking water sample laboratory certification program.
(1) In addition to certifying laboratories pursuant to s. 403.863, the Department of Health is authorized to establish a periodic certification and approval program ...
- Florida Public Health Code Section 403.864; Public water supply accounting program.
(1) It is the intent of the Legislature to require a yearly accounting of funds, overhead, personnel, and property used by the department and the ...
- Florida Public Health Code Section 403.8645; Intended Use Plan.
(1) The Florida Legislature recognizes that over 80 percent of the state's population lives in coastal areas and is dependent on groundwater sources for ...
- Florida Public Health Code Section 403.865; Water and wastewater facility personnel; legislative purpose.
The Legislature finds that the threat to the public health and the environment from the operation of water and wastewater treatment plants and water distribution ...
- Florida Public Health Code Section 403.866; Definitions; ss. 403.865-403.876.
As used in ss. 403.865-403.876, the term: (1) "Domestic wastewater collection system" means pipelines or conduits, pumping stations, and force mains and ...
- Florida Public Health Code Section 403.867; License required.
A person may not perform the duties of an operator of a water treatment plant, water distribution system, or a domestic wastewater treatment plant unless ...
- Florida Public Health Code Section 403.868; Requirements by a utility.
A utility may have more stringent requirements than set by law, including certification requirements for water distribution systems and domestic wastewater collection systems operations, except ...
- Florida Public Health Code Section 403.869; Authority to adopt rules.
The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of ss. 403.865-403....
- Florida Public Health Code Section 403.87; Technical advisory council for water and domestic wastewater operator certification.
Within 90 days of the effective date of this act, the secretary of the department shall appoint a technical advisory council as necessary for the ...
- Florida Public Health Code Section 403.871; Fees.
The department shall, by rule, establish fees to be paid by persons seeking licensure or license renewal to cover the entire cost to the department ...
- Florida Public Health Code Section 403.872; Requirements for licensure.
(1) Any person desiring to be licensed as a water treatment plant operator, a water distribution system operator, or a domestic wastewater treatment plant operator ...
- Florida Public Health Code Section 403.873; Renewal of license.
(1) The department shall renew a license upon receipt of the renewal application and fee and in accordance with the other provisions of ss. 403....
- Florida Public Health Code Section 403.874; Inactive status.
(1) The department shall reactivate an inactive license upon receipt of the reactivation application and fee. (2) The department shall adopt rules relating to licenses ...
- Florida Public Health Code Section 403.875; Prohibitions; penalties.
(1) A person may not: (a) Perform the duties of an operator of a water treatment plant, water distribution system, or domestic wastewater treatment plant ...
- Florida Public Health Code Section 403.876; Grounds for disciplinary action.
(1) The department shall establish, by rule, the grounds for taking disciplinary action, including suspending or revoking a valid license, placing a licensee on probation, ...
- Florida Public Health Code Section 403.88; Classification of water and wastewater treatment facilities and facility operators.
(1) The department shall classify water treatment plants, wastewater treatment plants, and water distribution systems by size, complexity, and level of treatment necessary to render ...
- Florida Public Health Code Section 403.885; Water Projects Grant Program.
(1) The Department of Environmental Protection shall administer a grant program to use funds transferred pursuant to s. 212.20 to the Ecosystem Management and ...
- Florida Public Health Code Section 403.890; Water Protection and Sustainability Program; intent; goals; purposes.
(1) Effective July 1, 2006, revenues transferred from the Department of Revenue pursuant to s. 201.15(1)(d)2. shall be deposited into the ...
- Florida Public Health Code Section 403.891; Water Protection and Sustainability Program Trust Fund of the Department of Environmental Protection.
(1) The Water Protection and Sustainability Program Trust Fund is created within the Department of Environmental Protection. The purpose of the trust fund is to ...
- Florida Public Health Code Section 403.8911; Annual appropriation from the Water Protection and Sustainability Trust Fund.
(1) Funds paid into the Water Protection and Sustainability Trust Fund pursuant to s. 201.15(1)(d) are hereby annually appropriated for expenditure for ...
- Florida Public Health Code Section 403.90; Judicial review relating to permits and licenses.
(1) As used in this section, unless the context otherwise requires: (a) "Agency" means any official, officer, commission, authority, council, committee, department, division, bureau, board, ...
- Florida Public Health Code Section 403.905; Removal of fill on sovereignty lands.
The department or the Board of Trustees of the Internal Improvement Trust Fund has the authority to direct an abutting upland owner to remove from ...
- Florida Public Health Code Section 403.927; Use of water in farming and forestry activities.
(1) The Legislature recognizes the great value of farming and forestry to this state and that continued agricultural activity is compatible with wetlands protection. In ...
- Florida Public Health Code Section 403.9321; Short title.
Sections 403.9321-403.9333 may be cited as the "Mangrove Trimming and Preservation ...
- Florida Public Health Code Section 403.9322; Legislative findings.
(1) The Legislature finds that there are over 555,000 acres of mangroves now existing in Florida. Of this total, over 80 percent are under ...
- Florida Public Health Code Section 403.9323; Legislative intent.
(1) It is the intent of the Legislature to protect and preserve mangrove resources valuable to our environment and economy from unregulated removal, defoliation, and ...
- Florida Public Health Code Section 403.9324; Mangrove protection rule; delegation of mangrove protection to local governments.
(1) Sections 403.9321-403.9333 and any lawful regulations adopted by a local government that receives a delegation of the department's authority to ...
- Florida Public Health Code Section 403.9325; Definitions.
For the purposes of ss. 403.9321-403.9333, the term: (1) "Alter" means anything other than trimming of mangroves. (2) "Local government" means a ...
- Florida Public Health Code Section 403.9326; Exemptions.
(1) The following activities are exempt from the permitting requirements of ss. 403.9321-403.9333 and any other provision of law if no herbicide ...
- Florida Public Health Code Section 403.9327; General permits.
(1) The following general permits are created for the trimming of mangroves that do not qualify for an exemption provided by s. 403.9326: (a) ...
- Florida Public Health Code Section 403.93271; Applicability to multifamily residential units.
(1) When trimming under s. 403.9327(1)(a) occurs on property developed for multifamily residential use, the 65-percent shoreline trimming limit must be ...
- Florida Public Health Code Section 403.9328; Alteration and trimming of mangroves; permit requirement.
(1) A person may not alter or trim, or cause to be altered or trimmed, any mangrove within the landward extent of wetlands and other ...
- Florida Public Health Code Section 403.9329; Professional mangrove trimmers.
(1) For purposes of ss. 403.9321-403.9333, the following persons are considered professional mangrove trimmers: (a) Certified arborists, certified by the International Society ...
- Florida Public Health Code Section 403.9331; Applicability; rules and policies.
(1) The regulation of mangrove protection under ss. 403.9321-403.9333 is intended to be complete and effective without reference to or compliance with ...
- Florida Public Health Code Section 403.9332; Mitigation and enforcement.
(1)(a) Any area in which 5 percent or more of the trimmed mangrove trees have been trimmed below 6 feet in height, except as ...
- Florida Public Health Code Section 403.9333; Variance relief.
Upon application, the department or delegated local government may grant a variance from the provisions of ss. 403.9321-403.9333 if compliance therewith would ...
- Florida Public Health Code Section 403.9334; Effect of ch. 96-206.
Nothing in chapter 96-206, Laws of Florida, shall invalidate any permit or order related to mangrove activities which has been approved by the department ...
- Florida Public Health Code Section 403.9401; Short title.
Sections 403.9401-403.9425 may be cited as the "Natural Gas Transmission Pipeline Siting ...
- Florida Public Health Code Section 403.9402; Legislative intent.
It is the Legislature's intent by adoption of ss. 403.9401-403.9425 to establish a centralized and coordinated permitting process for the location ...
- Florida Public Health Code Section 403.9403; Definitions.
As used in ss. 403.9401-403.9425, the term: (1) "Agency," as the context requires, means an official, officer, commission, authority, council, committee, department, ...
- Florida Public Health Code Section 403.9404; Department of Environmental Protection; powers and duties.
The Department of Environmental Protection shall have the following powers and duties: (1) To adopt procedural rules pursuant to ss. 120.536(1) and 120....
- Florida Public Health Code Section 403.9405; Applicability; certification; exemption; notice of intent.
(1) The provisions of ss. 403.9401-403.9425 apply to each natural gas transmission pipeline, except as provided in subsection (2). (2) No construction ...
- Florida Public Health Code Section 403.94055; Application contents; corridor requirements.
(1) A natural gas transmission pipeline company may file an application encompassing all or a part of one or more proposed pipelines. The beginning and ...
- Florida Public Health Code Section 403.9406; Appointment of an administrative law judge.
Within 7 days after receipt of an application, whether complete or not, the department shall request the Division of Administrative Hearings to designate an administrative ...
- Florida Public Health Code Section 403.9407; Distribution of application; schedules.
(1) Within 7 days after the filing of an application, the department shall provide the applicant and the Division of Administrative Hearings the names and ...
- Florida Public Health Code Section 403.9408; Determination of completeness.
Within 15 days after receipt of an application, the department shall file a statement with the Division of Administrative Hearings and with the applicant declaring ...
- Florida Public Health Code Section 403.9409; Determination of sufficiency.
Within 45 days after the distribution of the complete application or amendment, the department shall file a statement with the Division of Administrative Hearings and ...
- Florida Public Health Code Section 403.941; Preliminary statements of issues, reports, and studies.
(1) Each affected agency which received an application in accordance with s. 403.9407(3) shall submit a preliminary statement of issues to the department ...
- Florida Public Health Code Section 403.9411; Notice; proceedings; parties and participants.
(1)(a) No later than 15 days after an application has been determined complete, the applicant shall arrange for publication of a notice of the ...
- Florida Public Health Code Section 403.9412; Alternate corridors.
(1) No later than 50 days prior to the originally scheduled certification hearing, any party may propose alternate natural gas transmission pipeline corridor routes for ...
- Florida Public Health Code Section 403.9413; Amendment to the application.
(1) Any amendment made to the application shall be sent by the applicant to the administrative law judge and to all parties to the proceeding. (...
- Florida Public Health Code Section 403.9414; Alteration of time limits.
Any time limitation in ss. 403.9401-403.9425 may be altered by the administrative law judge upon stipulation between the department and the applicant ...
- Florida Public Health Code Section 403.9415; Final disposition of application.
(1) Within 60 days after receipt of the administrative law judge's recommended order, the board shall act upon the application by written order, approving ...
- Florida Public Health Code Section 403.9416; Effect of certification.
(1) Subject to the conditions set forth therein, certification shall constitute the sole license of the state and any agency as to the approval of ...
- Florida Public Health Code Section 403.9417; Recording of notice of certified corridor route.
Within 60 days after certification of a natural gas transmission pipeline corridor pursuant to ss. 403.9401-403.9425, the applicant shall file, in accordance ...
- Florida Public Health Code Section 403.9418; Modification of certification.
(1) A certification may be modified after issuance in any one of the following ways: (a) The board may delegate to the department the authority ...
- Florida Public Health Code Section 403.9419; Enforcement of compliance.
Failure to obtain a certification, to comply with the conditions of certification, or to comply with ss. 403.9401-403.9425 shall constitute a violation ...
- Florida Public Health Code Section 403.942; Superseded laws, regulations, and certification power.
(1) Except for those provisions related to or rules adopted pursuant to a federally delegated or approved permit program, including ss. 403.0872 and 403....
- Florida Public Health Code Section 403.9421; Fees; disposition.
The department shall charge the applicant the following fees, as appropriate, which shall be paid into the Florida Permit Fee Trust Fund: (1) An application ...
- Florida Public Health Code Section 403.9422; Determination of need for natural gas transmission pipeline; powers and duties.
(1)(a) Upon request by an applicant or upon its own motion, the commission shall schedule a public hearing, after notice, to determine the need ...
- Florida Public Health Code Section 403.9423; Certification admissible in eminent domain proceedings; attorney's fees and costs.
(1) Certification pursuant to ss. 403.9401-403.9425 shall be admissible as evidence of public need and necessity in proceedings under chapter 73 or ...
- Florida Public Health Code Section 403.9424; Local governments; informational public meetings.
(1) Local governments may hold informational public meetings in addition to the hearings specifically authorized by ss. 403.9401-403.9425 on any matter associated ...
- Florida Public Health Code Section 403.9425; Revocation or suspension of certification.
Any certification may be revoked or suspended: (1) For any material false statement in the application or in the supplemental or additional statements of fact ...
- Florida Public Health Code Section 403.973; Expedited permitting; comprehensive plan amendments.
(1) It is the intent of the Legislature to encourage and facilitate the location and expansion of those types of economic development projects which offer ...
- Florida Public Health Code Section 404.011; Short title.
This chapter shall be known and may be cited as the "Florida Radiation Protection ...
- Florida Public Health Code Section 404.022; Declaration of policy.
It is the responsibility of the State of Florida, for protection of the public health and safety: (1) To institute and maintain a program to ...
- Florida Public Health Code Section 404.031; Definitions.
As used in this chapter, unless the context clearly indicates otherwise, the term: (1) "Agreement materials" means those materials licensed by the state, under agreement ...
- Florida Public Health Code Section 404.042; Designation of state radiation protection agency.
The department is hereby designated the state agency to administer a statewide radiation protection program consistent with the provisions of this ...
- Florida Public Health Code Section 404.051; Powers and duties of the Department of Health.
For protection of the public health and safety, the department is authorized to: (1) Develop comprehensive policies and programs for the evaluation, determination, and amelioration ...
- Florida Public Health Code Section 404.056; Environmental radiation standards and projects; certification of persons performing measurement or mitigation services; mandatory testing; notification on real estate documents; rules.
(1) STANDARDS.--To preserve and protect the public health, the department is authorized to establish, by rule, environmental radiation standards for buildings, and to conduct ...
- Florida Public Health Code Section 404.061; Licensing of naturally occurring, accelerator-produced, byproduct, source, and special nuclear materials.
(1) The Governor is authorized to enter into agreements with the Federal Government which provide for discontinuance of certain of the responsibilities of the Federal ...
- Florida Public Health Code Section 404.0614; Licensing of commercial low-level radioactive waste management facilities.
(1) Any person desiring to construct, operate, or close a commercial low-level radioactive waste management facility in this state shall file an application with ...
- Florida Public Health Code Section 404.0617; Siting of commercial low-level radioactive waste management facilities.
(1) The department, within 30 days of receipt of a complete application for a commercial low-level radioactive waste management license, shall notify the governing ...
- Florida Public Health Code Section 404.071; Inspection, agreements, and training programs.
(1) Authorized representatives of the department have the authority to enter upon any public or private property at all reasonable times for the purpose of ...
- Florida Public Health Code Section 404.081; Records.
(1) The department is authorized to require each person who possesses or uses a source of ionizing radiation to: (a) Maintain appropriate records relating to ...
- Florida Public Health Code Section 404.091; Emergency orders.
Whenever the department finds that an emergency exists which requires immediate action to protect the public health and safety or the environment, the department may, ...
- Florida Public Health Code Section 404.101; Impounding of sources of radiation.
(1) The department shall have the authority, in the event of an emergency, to impound or order the impounding of sources of ionizing radiation and ...
- Florida Public Health Code Section 404.111; Surety requirements.
(1)(a) In addition to the fee provided in s. 404.131(2), the department may require a person possessing a specific license to post ...
- Florida Public Health Code Section 404.121; Perpetual care trust funds.
(1) The department may require a licensee to deposit funds quarterly into a trust fund known as the Perpetual Care Trust Fund when it is ...
- Florida Public Health Code Section 404.122; Radiation Protection Trust Fund.
(1) The department may use the Radiation Protection Trust Fund to pay for measures to prevent or mitigate the adverse effects from a licensee's ...
- Florida Public Health Code Section 404.131; Fees.
(1) The department is authorized to charge and collect reasonable fees for specific and general licenses and for the registration of radiation machines. The fees ...
- Florida Public Health Code Section 404.141; Prohibited uses.
It is unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess any source of radiation unless licensed, registered, or ...
- Florida Public Health Code Section 404.161; Penalties.
(1) Any person who violates any of the provisions of this chapter or any rule promulgated hereunder is guilty of a felony of the third ...
- Florida Public Health Code Section 404.162; Administrative penalties; emergency orders.
(1)(a) The department may modify, deny, suspend, or revoke a license or a registration, or impose an administrative fine not to exceed $1,000 ...
- Florida Public Health Code Section 404.163; Injunctive relief.
Notwithstanding the existence or pursuit of any other remedy, the department may maintain an action in the name of the state for injunction or other ...
- Florida Public Health Code Section 404.166; County or municipal regulation prohibited.
Notwithstanding any special law or general law of local application to the contrary, a municipality or county may not elect to regulate the possession, use, ...
- Florida Public Health Code Section 404.171; Construction.
This chapter is cumulative and is intended to supplement existing laws, and no part shall be construed to repeal any existing law, specifically enacted for ...
- Florida Public Health Code Section 404.20; Transportation of radioactive materials.
(1) The department shall adopt reasonable rules governing the transportation of radioactive materials which, in the judgment of the department, will promote the public health, ...
- Florida Public Health Code Section 404.22; Radiation machines and components; inspection.
(1) The department and its duly authorized agents may inspect in a lawful manner at all reasonable hours any hospital or other health care facility ...
- Florida Public Health Code Section 404.30; Southeast Interstate Low-Level Radioactive Waste Management Compact; party state.
The Southeast Interstate Low-Level Radioactive Waste Management Compact is enacted into law and entered into by the state as a party and is in ...
- Florida Public Health Code Section 404.31; Florida participation.
The Governor shall appoint two members to the Southeast Interstate Low-Level Radioactive Waste Management Commission from this state and two alternate members, subject to ...
- Florida Public Health Code Section 405.01; Release of medical information to certain study groups; exemption from liability.
Any person, hospital, assisted living facility, hospice, sanatorium, nursing or rest home or other organization may provide information, interviews, reports, statements, memoranda, or other data ...
- Florida Public Health Code Section 405.02; Limitation on publication of released information.
Research groups, governmental health agencies, organized medical associations and societies, and in-hospital medical staff committees shall use or publish said material only for the ...
- Florida Public Health Code Section 405.03; Confidentiality.
In all events the identity of any person whose condition or treatment has been studied shall be confidential and exempt from the provisions of s. ...
- Florida Public Health Code Section 406.01; Short title.
This chapter shall be known as the "Medical Examiners ...
- Florida Public Health Code Section 406.02; Medical Examiners Commission; membership; terms; duties; staff.
(1) There is created the Medical Examiners Commission within the Department of Law Enforcement. The commission shall consist of nine persons appointed or selected as ...
- Florida Public Health Code Section 406.03; Organization and meetings of commission.
The commission shall annually select a chair from among its own membership and shall meet at least four times each year and on the call ...
- Florida Public Health Code Section 406.04; Rules.
The commission shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. The commission shall ensure ...
- Florida Public Health Code Section 406.05; Medical examiner districts.
The Medical Examiners Commission shall establish medical examiner districts within the state, taking into consideration population, judicial circuits of the state, geographical size of the ...
- Florida Public Health Code Section 406.06; District medical examiners; associates; suspension of medical examiners.
(1)(a) A district medical examiner shall be appointed by the Governor for each medical examiner district from nominees who are practicing physicians in pathology, ...
- Florida Public Health Code Section 406.075; Grounds for discipline; disciplinary proceedings.
(1) A medical examiner may be reprimanded, placed on a period of probation, removed, or suspended by the Medical Examiners Commission for any of the ...
- Florida Public Health Code Section 406.08; Payment of fees, salaries, and expenses; transportation costs; facilities.
(1) Fees, salaries, and expenses may be paid from the general funds or any other funds under the control of the board of county commissioners. ...
- Florida Public Health Code Section 406.09; Expert witness fees.
District medical examiners or associate medical examiners shall be entitled to expert witness fees as provided by ...
- Florida Public Health Code Section 406.11; Examinations, investigations, and autopsies.
(1) In any of the following circumstances involving the death of a human being, the medical examiner of the district in which the death occurred ...
- Florida Public Health Code Section 406.12; Duty to report; prohibited acts.
It is the duty of any person in the district where a death occurs, including all municipalities and unincorporated and federal areas, who becomes aware ...
- Florida Public Health Code Section 406.13; Examiner's report; maintenance of records.
Upon receipt of such notification pursuant to s. 406.12, the district medical examiner or her or his associate shall examine or otherwise take charge ...
- Florida Public Health Code Section 406.135; Autopsies; confidentiality of photographs and video and audio recordings; exemption.
(1) For the purpose of this section, the term "medical examiner" means any district medical examiner, associate medical examiner, or substitute medical examiner acting pursuant ...
- Florida Public Health Code Section 406.14; Duty of law enforcement officers.
Any evidence material to the determination of the cause of death in possession of the law enforcement officers assigned to the investigation of the death ...
- Florida Public Health Code Section 406.145; Unidentified persons; reporting requirements.
When an unidentified body is transported to a district medical examiner pursuant to this chapter, the medical examiner shall immediately report receipt of such body ...
- Florida Public Health Code Section 406.15; Designation of substitute in absence of official examiner.
In the absence of the district medical examiner or associate medical examiner, the state attorney of the county may appoint a competent physician to act ...
- Florida Public Health Code Section 406.16; Professional liability insurance.
The district medical examiners and associate medical examiners shall obtain professional liability insurance in an amount to be determined by the board of county commissioners ...
- Florida Public Health Code Section 406.17; Application and construction.
This chapter supersedes all parts of statutes, general law, and special acts, with which it may be in conflict. Nothing in this chapter shall be ...
- Florida Public Health Code Section 406.50; Unclaimed dead bodies or human remains; disposition, procedure.
All public officers, agents, or employees of every county, city, village, town, or municipality and every person in charge of any prison, morgue, hospital, funeral ...
- Florida Public Health Code Section 406.51; Disposition of unclaimed deceased veterans; contract requirements.
Any contract by a local governmental entity for the disposal of unclaimed human remains must provide for compliance with s. 406.50(1) and require ...
- Florida Public Health Code Section 406.52; Retention of bodies before use; unfit or excess number of bodies, disposition procedure.
All bodies received by the anatomical board shall be retained in receiving vaults for a period of not less than 48 hours before allowing their ...
- Florida Public Health Code Section 406.53; Death of indigents; notice; delivery to the anatomical board when unclaimed; exceptions; assessment of fees.
(1) Notice of death to the anatomical board in cases of indigent persons is not required if: (a) Death was caused by crushing injury. (b) ...
- Florida Public Health Code Section 406.54; Bodies may be claimed after delivery to anatomical board.
Any dead human body which has been delivered to the anatomical board may be claimed by any friend or any representative of a fraternal society ...
- Florida Public Health Code Section 406.55; Contracts for delivery of body after death prohibited.
The anatomical board is specifically prohibited from entering into any contract, oral or written, whereby any sum of money shall be paid to any living ...
- Florida Public Health Code Section 406.56; Acceptance of bodies under will.
If any person being of sound mind shall execute a will leaving his or her body to the anatomical board for the advancement of medical ...
- Florida Public Health Code Section 406.57; Distribution of dead bodies.
The anatomical board or its duly authorized agent shall take and receive the bodies delivered to it under the provisions of this chapter and shall ...
- Florida Public Health Code Section 406.58; Fees; authority to accept additional funds; annual audit.
(1) The anatomical board is empowered to prescribe a schedule of fees to be collected from the institution or association to which the bodies, as ...
- Florida Public Health Code Section 406.59; Institutions receiving bodies.
No university, school, college, teaching hospital, institution, or association shall be allowed or permitted to receive any such body or bodies as described in this ...
- Florida Public Health Code Section 406.60; Disposition of bodies after use.
At any time when any body or bodies or part or parts of any body or bodies, as described in this chapter, shall have been ...
- Florida Public Health Code Section 406.61; Selling, buying, or conveying bodies outside state prohibited; exceptions, penalty.
Any person who shall sell or buy any body or parts of bodies as described in this chapter or any person except a recognized Florida ...
- Florida Public Health Code Section 408.031; Short title.
Sections 408.031-408.045 shall be known and may be cited as the "Health Facility and Services Development ...
- Florida Public Health Code Section 408.032; Definitions relating to Health Facility and Services Development Act.
As used in ss. 408.031-408.045, the term: (1) "Agency" means the Agency for Health Care Administration. (2) "Capital expenditure" means an expenditure, ...
- Florida Public Health Code Section 408.033; Local and state health planning.
(1) LOCAL HEALTH COUNCILS.-- (a) Local health councils are hereby established as public or private nonprofit agencies serving the counties of a district. The members ...
- Florida Public Health Code Section 408.034; Duties and responsibilities of agency; rules.
(1) The agency is designated as the single state agency to issue, revoke, or deny certificates of need and to issue, revoke, or deny exemptions ...
- Florida Public Health Code Section 408.035; Review criteria.
The agency shall determine the reviewability of applications and shall review applications for certificate-of-need determinations for health care facilities and health services in ...
- Florida Public Health Code Section 408.036; Projects subject to review; exemptions.
(1) APPLICABILITY.--Unless exempt under subsection (3), all health-care-related projects, as described in paragraphs (a)-(g), are subject to review and must file ...
- Florida Public Health Code Section 408.0361; Cardiology services and burn unit licensure.
(1) Each provider of diagnostic cardiac catheterization services shall comply with rules adopted by the agency that establish licensure standards governing the operation of adult ...
- Florida Public Health Code Section 408.037; Application content.
(1) An application for a certificate of need must contain: (a) A detailed description of the proposed project and statement of its purpose and need ...
- Florida Public Health Code Section 408.038; Fees.
The agency shall assess fees on certificate-of-need applications. Such fees shall be for the purpose of funding the activities of the agency and ...
- Florida Public Health Code Section 408.039; Review process.
The review process for certificates of need shall be as follows: (1) REVIEW CYCLES.--The agency by rule shall provide for applications to be submitted ...
- Florida Public Health Code Section 408.040; Conditions and monitoring.
(1)(a) The agency may issue a certificate of need, or an exemption, predicated upon statements of intent expressed by an applicant in the application ...
- Florida Public Health Code Section 408.041; Certificate of need required; penalties.
It is unlawful for any person to undertake a project subject to review under ss. 408.031-408.045 without a valid certificate of need. ...
- Florida Public Health Code Section 408.042; Limitation on transfer.
The holder of a certificate of need shall not charge a price for the transfer of the certificate of need to another person that exceeds ...
- Florida Public Health Code Section 408.043; Special provisions.
(1) OSTEOPATHIC ACUTE CARE HOSPITALS.--When an application is made for a certificate of need to construct or to expand an osteopathic acute care hospital, ...
- Florida Public Health Code Section 408.0435; Moratorium on nursing home certificates of need.
(1) Notwithstanding the establishment of need as provided for in this chapter, a certificate of need for additional community nursing home beds may not be ...
- Florida Public Health Code Section 408.044; Injunction.
Notwithstanding the existence or pursuit of any other remedy, the agency may maintain an action in the name of the state for injunction or other ...
- Florida Public Health Code Section 408.045; Certificate of need; competitive sealed proposals.
(1) The application, review, and issuance procedures for a certificate of need for an intermediate care facility for the developmentally disabled may be made by ...
- Florida Public Health Code Section 408.0455; Rules; pending proceedings.
The rules of the agency in effect on June 30, 2004, shall remain in effect and shall be enforceable by the agency with respect to ...
- Florida Public Health Code Section 408.05; Florida Center for Health Information and Policy Analysis.
(1) ESTABLISHMENT.--The agency shall establish a Florida Center for Health Information and Policy Analysis. The center shall establish a comprehensive health information system to ...
- Florida Public Health Code Section 408.061; Data collection; uniform systems of financial reporting; information relating to physician charges; confidential information; immunity.
(1) The agency shall require the submission by health care facilities, health care providers, and health insurers of data necessary to carry out the agency'...
- Florida Public Health Code Section 408.0615; Secure facility for data and data backup systems.
For the purpose of protecting and ensuring the safety and security of the data held by the Agency for Health Care Administration, as described in ...
- Florida Public Health Code Section 408.062; Research, analyses, studies, and reports.
(1) The agency shall conduct research, analyses, and studies relating to health care costs and access to and quality of health care services as access ...
- Florida Public Health Code Section 408.063; Dissemination of health care information.
(1) The agency, relying on data collected pursuant to this chapter, shall establish a reliable, timely, and consistent information system that distributes information and serves ...
- Florida Public Health Code Section 408.07; Definitions.
As used in this chapter, with the exception of ss. 408.031-408.045, the term: (1) "Accepted" means that the agency has found that ...
- Florida Public Health Code Section 408.08; Inspections and audits; violations; penalties; fines; enforcement.
(1) The agency may inspect and audit books and records of individual or corporate ownership, including books and records of related organizations with which a ...
- Florida Public Health Code Section 408.09; Assistance on cost containment strategies.
The agency shall: (1) Assist purchasers and employers who seek technical assistance from the agency for the purpose of cost-effective purchasing of health care. (...
- Florida Public Health Code Section 408.10; Consumer complaints.
The agency shall: (1) Publish and make available to the public a toll-free telephone number for the purpose of handling consumer complaints and shall ...
- Florida Public Health Code Section 408.15; Powers of the agency.
In addition to the powers granted to the agency elsewhere in this chapter, the agency is authorized to: (1) Enter into contracts and execute all ...
- Florida Public Health Code Section 408.16; Health Care Trust Fund; moneys to be deposited therein.
(1) There is created in the State Treasury a special fund to be designated as the Health Care Trust Fund, which shall be used in ...
- Florida Public Health Code Section 408.18; Health Care Community Antitrust Guidance Act; antitrust no-action letter; market-information collection and education.
(1) This section may be cited as the "Florida Health Care Community Antitrust Guidance Act." (2) This section is created to provide instruction to the ...
- Florida Public Health Code Section 408.185; Information submitted for review of antitrust issues; confidentiality.
The following information held by the Office of the Attorney General, which is submitted by a member of the health care community pursuant to a ...
- Florida Public Health Code Section 408.20; Assessments; Health Care Trust Fund.
(1) The data collection and analysis activities of the agency shall be financed, in part, by an assessment on: (a) Hospitals in an amount to ...
- Florida Public Health Code Section 408.301; Legislative findings.
The Legislature has found that access to quality, affordable, health care for all Floridians is an important goal for the state. The Legislature recognizes that ...
- Florida Public Health Code Section 408.302; Interagency agreement.
(1) The Agency for Health Care Administration shall enter into an interagency agreement with the Department of Children and Family Services, the Agency for Persons ...
- Florida Public Health Code Section 408.40; Public Counsel.
(1) Notwithstanding any other provisions of this chapter, the Public Counsel shall represent the public in any proceeding before the agency or its advisory panels ...
- Florida Public Health Code Section 408.50; Prospective payment arrangements.
(1) Hospitals as defined in s. 395.002, and health insurers regulated pursuant to parts VI and VII of chapter 627, shall establish prospective payment ...
- Florida Public Health Code Section 408.70; Health care; managed competition; legislative findings and intent.
(1) The Legislature finds that the current health care system in this state does not provide access to affordable health care for all persons in ...
- Florida Public Health Code Section 408.7056; Subscriber Assistance Program.
(1) As used in this section, the term: (a) "Agency" means the Agency for Health Care Administration. (b) "Department" means the Department of Financial Services. (...
- Florida Public Health Code Section 408.7057; Statewide provider and health plan claim dispute resolution program.
(1) As used in this section, the term: (a) "Agency" means the Agency for Health Care Administration. (b) "Health plan" means a health maintenance organization ...
- Florida Public Health Code Section 408.7071; Standardized claim form.
The Agency for Health Care Administration shall develop a standardized claim form to be used by insurers and health care providers licensed in this ...
- Florida Public Health Code Section 408.801; Short title; purpose.
(1) This part may be cited as the "Health Care Licensing Procedures Act." (2) The Legislature finds that there is unnecessary duplication and variation in ...
- Florida Public Health Code Section 408.802; Applicability.
The provisions of this part apply to the provision of services that require licensure as defined in this part and to the following entities licensed, ...
- Florida Public Health Code Section 408.803; Definitions.
As used in this part, the term: (1) "Agency" means the Agency for Health Care Administration, which is the licensing agency under this part. (2) "...
- Florida Public Health Code Section 408.804; License required; display.
(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers or provides services that require licensure, without ...
- Florida Public Health Code Section 408.805; Fees required; adjustments.
Unless otherwise limited by authorizing statutes, license fees must be reasonably calculated by the agency to cover its costs in carrying out its responsibilities under ...
- Florida Public Health Code Section 408.806; License application process.
(1) An application for licensure must be made to the agency on forms furnished by the agency, submitted under oath, and accompanied by the appropriate ...
- Florida Public Health Code Section 408.807; Change of ownership.
Whenever a change of ownership occurs: (1) The transferor shall notify the agency in writing at least 60 days before the anticipated date of the ...
- Florida Public Health Code Section 408.808; License categories.
(1) STANDARD LICENSE.--A standard license may be issued to an applicant at the time of initial licensure, license renewal, or change of ownership. A ...
- Florida Public Health Code Section 408.809; Background screening; prohibited offenses.
(1) Level 2 background screening pursuant to chapter 435 must be conducted through the agency on each of the following persons, who shall be considered ...
- Florida Public Health Code Section 408.810; Minimum licensure requirements.
In addition to the licensure requirements specified in this part, authorizing statutes, and applicable rules, each applicant and licensee must comply with the requirements of ...
- Florida Public Health Code Section 408.811; Right of inspection; copies; inspection reports.
(1) An authorized officer or employee of the agency may make or cause to be made any inspection or investigation deemed necessary by the agency ...
- Florida Public Health Code Section 408.812; Unlicensed activity.
(1) A person or entity may not offer or advertise services that require licensure as defined by this part, authorizing statutes, or applicable rules to ...
- Florida Public Health Code Section 408.813; Administrative fines.
As a penalty for any violation of this part, authorizing statutes, or applicable rules, the agency may impose an administrative fine. Unless the amount or ...
- Florida Public Health Code Section 408.814; Moratorium; emergency suspension.
(1) The agency may impose an immediate moratorium or emergency suspension as defined in s. 120.60 on any provider if the agency determines that ...
- Florida Public Health Code Section 408.815; License or application denial; revocation.
(1) In addition to the grounds provided in authorizing statutes, grounds that may be used by the agency for denying and revoking a license or ...
- Florida Public Health Code Section 408.816; Injunctions.
(1) In addition to the other powers provided by this part, authorizing statutes, and applicable rules, the agency may institute injunction proceedings in a court ...
- Florida Public Health Code Section 408.817; Administrative proceedings.
Administrative proceedings challenging agency licensure enforcement action shall be reviewed on the basis of the facts and conditions that resulted in the agency ...
- Florida Public Health Code Section 408.818; Health Care Trust Fund.
Unless otherwise prescribed by authorizing statutes, all fees and fines collected under this part, authorizing statutes, and applicable rules shall be deposited into the Health ...
- Florida Public Health Code Section 408.819; Rules.
The agency is authorized to adopt rules as necessary to administer this part. Any licensed provider that is in operation at the time of adoption ...
- Florida Public Health Code Section 408.820; Exemptions.
Except as prescribed in authorizing statutes, the following exemptions shall apply to specified requirements of this part: (1) Laboratories authorized to perform testing under the ...
- Florida Public Health Code Section 408.831; Denial, suspension, or revocation of a license, registration, certificate, or application.
(1) In addition to any other remedies provided by law, the agency may deny each application or suspend or revoke each license, registration, or certificate ...
- Florida Public Health Code Section 408.832; Conflicts.
In case of conflict between the provisions of part II of chapter 408 and the authorizing statutes governing the licensure of health care providers by ...
- Florida Public Health Code Section 408.90; Legislative findings and intent.
The Legislature finds that 2.5 million Floridians do not have access to health insurance coverage, often because the premiums are unaffordable. It is the ...
- Florida Public Health Code Section 408.901; Definitions; ss. 408.901-408.908.
As used in ss. 408.901-408.908, except as otherwise specifically provided, the term: (1) "Agency" means the Agency for Health Care Administration. (2) "...
- Florida Public Health Code Section 408.902; MedAccess program; creation; program title.
(1) Effective July 1, 1994, there is hereby created the MedAccess program to be administered by the Agency for Health Care Administration. The MedAccess program ...
- Florida Public Health Code Section 408.903; Eligibility.
(1) Every resident of this state who has a gross family income that is equal to or below 250 percent of the federal poverty level ...
- Florida Public Health Code Section 408.904; Benefits.
(1) Every eligible person who enrolls in the MedAccess program is entitled to receive benefits for any covered service furnished within this state by a ...
- Florida Public Health Code Section 408.905; Limitations and exclusions.
(1) The MedAccess program shall not cover benefits that are provided as part of workers' compensation insurance. (2) The MedAccess program shall exclude coverage for ...
- Florida Public Health Code Section 408.906; Payment of claims.
(1) The agency is designated as the single state agency authorized to make payments for health services covered under the MedAccess program. These payments shall ...
- Florida Public Health Code Section 408.907; Collection of premiums.
(1) Premiums collected from members or from employers on behalf of members shall be made in accordance with rules adopted by the agency. (2) Premiums ...
- Florida Public Health Code Section 408.908; Administration.
The agency shall be responsible for: (1) Developing a network of health care providers for providing managed health care services on a statewide basis. (2) ...
- Florida Public Health Code Section 408.909; Health flex plans.
(1) INTENT.--The Legislature finds that a significant proportion of the residents of this state are unable to obtain affordable health insurance coverage. Therefore, it ...
- Florida Public Health Code Section 408.911; Short title.
Sections 408.911-408.918 may be cited as the "Florida Health and Human Services Access ...
- Florida Public Health Code Section 408.913; Comprehensive Health and Human Services Eligibility Access System.
(1) The Agency for Health Care Administration shall develop a comprehensive, automated system for access to health care services. This system shall, to the greatest ...
- Florida Public Health Code Section 408.914; Phased implementation plan.
The Agency for Health Care Administration, in consultation with the Health Care Access Steering Committee created in s. 408.916, shall phase in the implementation ...
- Florida Public Health Code Section 408.915; Eligibility pilot project.
The Agency for Health Care Administration, in consultation with the steering committee established in s. 408.916, shall develop and implement a pilot project to ...
- Florida Public Health Code Section 408.916; Steering committee.
In order to guide the implementation of the pilot project, there is created a Health Care Access Steering Committee. (1) The steering committee shall be ...
- Florida Public Health Code Section 408.917; Evaluation of the pilot project.
The Agency for Health Care Administration, in consultation with the steering committee, shall conduct or contract for an evaluation of the pilot project under the ...
- Florida Public Health Code Section 408.918; Florida 211 Network; uniform certification requirements.
(1) The Legislature authorizes the planning, development, and, subject to appropriations, the implementation of a statewide Florida 211 Network, which shall serve as the single ...
Last modified: November 21, 2006
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