The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

View Entire Chapter

F.S. 394.90

394.90 Inspection; right of entry; records.—

(1)(a) The agency, in accordance with s. 408.811, and the department may enter and inspect at any time a licensed facility to determine whether the facility is in compliance with this chapter, part II of chapter 408, and applicable rules.

(b) The department and the agency may enter and inspect any premises that it has probable cause to suspect may be operating as an unlicensed crisis stabilization unit or residential treatment facility; however, such entry and inspection shall be made only with the permission of the person in charge of such premises or pursuant to warrant.

(c) Any application for licensure under this chapter constitutes full permission for the department and the agency to enter and inspect the premises of the applicant or licensee at any time.

(2) For purposes of monitoring and investigation, the department and the Agency for Health Care Administration shall have access to the clinical records of any client of a licensee or designated facility, the provisions of s. 394.4615 to the contrary notwithstanding.

(3) The agency shall schedule periodic inspections of licensees so as to minimize the cost to the licensees and the disruption of the licensees’ programs. This subsection shall not be construed to limit the authority of the department and the agency to inspect the facilities of a licensee at any time.

(4) Each licensee shall maintain as public information, available to any person upon request, copies of all reports of inspections of the licensee filed with or issued by any governmental agency during the preceding 5-year period. The licensee shall furnish a copy of the most recent inspection report of the agency to any person upon payment of a reasonable charge for copying.

(5) The agency shall accept, in lieu of its own inspections for licensure, the survey or inspection of an accrediting organization, if the provider is accredited according to the provisions of s. 394.741 and the agency receives the report of the accrediting organization.

History.—ss. 7, 11, ch. 85-167; s. 4, ch. 91-429; s. 47, ch. 93-39; s. 28, ch. 96-169; s. 65, ch. 97-100; s. 32, ch. 98-171; s. 3, ch. 2001-171; s. 5, ch. 2001-191; s. 34, ch. 2007-230.

F.S. 394.90 on Google Scholar

F.S. 394.90 on Casetext

Amendments to 394.90

Arrestable Offenses / Crimes under Fla. Stat. 394.90

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.90.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In AMF BOWLING SECURITIES LITIGATION, 334 F. Supp. 2d 462 (S.D.N.Y. 2004)

. . . Lewis reports 394.90 hours at a rate of $475 and a lodestar of $187,577 but the application fails, except . . .

In CONCRETE PRODUCTS, INC., 208 B.R. 1000 (Bankr. S.D. Ga. 1996)

. . . $2,350.00, copy charges $16,636.80, computer usage $1,175.00, postage $191.00, supplies $120.00, travel $394.90 . . . $191.00 (47 months at $3.00 per month plus $50.00 for “various” mailings); Supplies $120.00 and Travel $394.90 . . .

WEEKS DREDGING CONTRACTING, INC. v. UNITED STATES,, 13 Cl. Ct. 193 (Cl. Ct. 1987)

. . . this fact of, say, 20%, leaves plaintiff with an actual production rate (adjusted for 100% clay) of 394.90 . . . This 394.90 cubic yards per hour figure is yet some 61% less than the expected production rate for 100% . . .

A. McGEE, A. v. UNITED STATES, 291 F. Supp. 797 (D. Wyo 1968)

. . . . § 1346, to recover the sum of $394.90 for income taxes and interest paid by the plaintiff for the calendar . . .