Convalescent Services of West Palm Beach, Inc. v. Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Convalescent Services of West Palm Beach, Inc. v. Department of Health & Rehabilitative Services

424 So. 2d 104, 1982 Fla. App. LEXIS 21924

CourtDistrict Court of Appeal of Florida

DecidedDecember 16, 1982

DocketNo. AL-338

StatusPublished

This text of 424 So. 2d 104 (Convalescent Services of West Palm Beach, Inc. v. Department of Health & Rehabilitative Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Convalescent Services of West Palm Beach, Inc. v. Department of Health & Rehabilitative Services, 424 So. 2d 104, 1982 Fla. App. LEXIS 21924 (Fla. Ct. App. 1982).

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Opinion

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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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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424 So. 2d 104, 1982 Fla. App. LEXIS 21924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/convalescent-services-of-west-palm-beach-inc-v-department-of-health-fladistctapp-1982.

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