Opinion
No. AL-338.
December 16, 1982.
Appeal from the Department of Health and Rehabilitation Services.
Karen L. Goldsmith of Dempsey Slaughter, Orlando, for appellant.
Robert P. Daniti, Dept. of Health and Rehabilitative Services, Tallahassee, for appellee.
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.