
    CONVALESCENT SERVICES OF WEST PALM BEACH, INC., d/b/a Lakeside Health Center, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
    No. AL-338.
    District Court of Appeal of Florida, First District.
    Dec. 16, 1982.
    Karen L. Goldsmith of Dempsey & Slaughter, Orlando, for appellant.
    Robert P. Daniti, Dept, of Health and Rehabilitative Services, Tallahassee, for ap-pellee.
   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.  