CONVALESCENT SERVICES OF WEST PALM BEACH, INC., D/B/A LAKESIDE HEALTH CENTER, APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE

Fla. 1st DCA | 1982-12-16
No. AL-338
Joanos, J., Larry G. Smith, J., Shaw, J.
424 So. 2d 104 Florida District Court of Appeal, First District (1982)

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Synopsis

The court upheld the constitutionality of a late-penalty statute for long-term care facilities but remanded to correct a computational error that overcharged the appellant by $97.00.


Holding

Section 400.111(1), Florida Statutes (1980), is constitutional because singling out long-term care facilities bears a rational relationship to the state's interest in ensuring safe and adequate care.


Headnotes

[1] A statute imposing late penalties on long-term care facilities satisfies rational basis review where the classification applies uniformly to all facilities within the cla…

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Key Quotes

“To be constitutionally permissible, a classification must apply uniformly to all persons within the class and bear a reasonable relationship to a legitimate state interest.”

Court stating the constitutional standard for classifications

Facts & Procedural History

The Department of Health and Rehabilitative Services imposed a late penalty of $6,499.00 against Convalescent Services of West Palm Beach, a long-term…

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Opinion of the Court
JOANOS, Judge.

JOANOS, Judge.

Appellant attacks the constitutionality of section 400.111(1), Florida Statutes (1980), which was the basis of a Department of Health and Rehabilitative Services final order imposing a late penalty of $6,499.00.

To be constitutionally permissible, a classification must apply uniformly to all persons within the class and bear a reasonable relationship to a legitimate state interest. Haber v. State, 396 So. 2d 707 (Fla.1981). We have reviewed section 400.-111(1), Florida Statutes (1980), and find no constitutional infirmities. Singling out long-term care facilities, as a class, is rationally related to the state’s interest in insuring the safe and adequate care, treatment and health of persons in such facilities. All long-term care facilities within the class are subject to the penalty provision and the penalty provision is a reasonable means to make sure that these long-term care facilities comply with the standards of Chapter 400, Florida Statutes (1980). However, the penalty was incorrectly computed on sixty-seven rather than sixty-six days, resulting in an overcharge of $97.00.

Accordingly, section 400.111(1), Florida Statutes (1980), is held to be constitutional, but the final order is remanded for correction consistent with this opinion.

LARRY G. SMITH and SHAW, JJ., concur.


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