Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.002 - License Application and Renewal Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) All facilities in which clients reside
				must operate under a current license issued by the Agency.
(2) Application. All applications for initial
				licensure as well licensure renewal must be submitted using Facility
				Application form APD 2014-01
http://www.flrules.org/Gateway/reference.asp?No=Ref-04405
,
				(April 1, 2014), which is incorporated herein by reference. A copy of this form
				may be obtained by contacting the Regional office. The Agency shall review
				license applications in compliance with the requirements of Section
				 120.60, F.S.
(3) License renewals. The licensee shall
				submit an application for license renewal to the Regional Office at least 45
				days prior to the expiration of the prior license. The failure to submit a
				complete application at least 45 days prior to the expiration of the prior
				license shall be considered a Class III violation. No fine shall be imposed if
				the renewal application is received between 30 and 45 days prior to
				expiration.
(4) The Agency shall
				consider prior licensing sanctions against a facility licensee, applicant,
				owner, or manager when reviewing whether to grant a facility a license. This
				may also include consideration of whether a licensee, applicant, owner, or
				manager has previously been determined guilty of operating an unlicensed
				assisted living facility pursuant to Section
				 429.08, F.S. In making a
				determination under this subsection with respect to an applicant, licensee,
				owner or manager with prior sanctions, the Agency will consider the nature and
				seriousness of any violation for which a sanction was imposed, the type of
				sanction imposed including the amount of any applicable fine imposed, the
				number of prior sanctions, compliance with any conditions or requirements of
				any sanction and the length of time the facility has operated without any
				violation since the most recent violation for which a sanction was imposed. In
				making a determination under this subsection with respect to a licensee,
				applicant, owner or manager who has been determined guilty of operating an
				unlicensed assisted living facility, the Agency will consider whether the
				person at any time operated the assisted living facility with a proper license
				under Section  429.07, F.S., the length of time
				for which the facility operated with a license, and the length of time the
				facility was operated with an expired license.
(5) If the applicant has not provided
				sufficient supporting information with the application, the Agency shall
				require the applicant to provide additional information regarding the
				applicant's qualifications for the types of residents or the level of services
				the applicant wishes to serve.
(6)
				A license shall be valid for the dates specified on the license but shall not
				exceed 1 year. A license which has not been renewed prior to the expiration
				date is invalid and the facility shall be considered unlicensed except as
				otherwise provided under Section
				 120.60(4),
				F.S.
(7) A license to operate a
				facility is not assignable and is valid only for the applicant identified on
				the application, and for the premises and purposes specified on the
				license.
(8) The licensee must give
				at least 30 days' notice to the Regional Office in writing prior to the
				license's intent to close a licensed facility, intent to discontinue
				responsibility for the management of a licensed facility, or intent to sell or
				lease the facility to another owner or operator. The applicant's failure to
				provide adequate and timely notice of a facility's intent to close or the
				applicant's intent to sell or lease a facility shall be considered during the
				review of future license applications by the applicant.
(a) Notice of facility's intent to close that
				is delivered to the Agency between 20 and 30 days prior to the closure of the
				facility shall be considered a Class III violation for each facility
				resident.
(b) Notice of facility's
				intent to close that is delivered to the Agency between 10 and 19 days prior to
				the closure of the facility shall be considered a Class II violation for each
				facility resident.
(c) Notice of a
				facility's intent to close that is provided less than 10 days prior to the
				closure of the facility shall be considered a Class I violation for each
				facility resident.