Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-2 - LICENSURE OF RESIDENTIAL FACILITIES › Section 65G-2.006 - Licensed Capacity

Current through Reg. 50, No. 138; July 16, 2024
(1) The maximum
				number of residents that may be served by a facility shall be determined based
				upon the size of the physical facility, the number of staff and their
				qualifications, the type of facility license issued, and any limitations
				imposed by the Fire Marshal, Department of Health, and other relevant state and
				local authorities. The licensed capacity shall be noted on the
				license.
(2) The maximum number of
				residents who may be served by a facility shall be reassessed annually as part
				of the license renewal process. The Agency reserves the right to decrease the
				licensed capacity of a facility based upon an annual review of the individual
				needs of each client or resident, the level of active and appropriate
				supervision, and the background, experience, and skill of the direct service
				providers. The Agency shall also consider incident reports and violations that
				occurred or were identified during the current or preceding licensure year,
				which could be reasonably attributable to the number of residents served by the
				facility.
(3) The types of
				residents that may be served by a facility shall be determined on the basis of
				construction, design and use of the facility, the type of programs and services
				offered by the facility, the number and qualifications of the personnel
				employed by the facility, and the level of care and services needed by
				residents.
(4) If a licensee wishes
				to increase or decrease the capacity of the facility, he or she shall notify
				the Regional Office in writing at least 30 days prior to the proposed change.
				Increases in licensed capacity shall not be granted unless the licensee has
				successfully passed a fire inspection that reflects the proposed capacity.
				Requests for capacity increases will require the facility to be resurveyed by
				Agency staff and, if approved, an amended license shall be issued setting forth
				the new maximum capacity for the remainder of the previously existing
				license.
(5) If a licensee wishes
				to change the types of residents that may be served in the facility, as
				specified within their most recent application for licensure, he or she shall
				notify the Regional Office in writing 30 days prior to the proposed change. The
				facility shall be resurveyed if changes in the types of residents served
				require additional modification to the home or staffing requirements, and if
				approved, an amended license shall be issued by the Agency.
(6) The Agency's evaluation of the type or
				maximum number of residents served by a facility does not constitute a
				determination that the licensed facility is being operated in a safe or
				effective manner, a determination that the facility is acting in full
				compliance with the licensing requirements of this chapter, or a determination
				that any individual staff members employed by the facility are qualified or
				properly trained to serve the facility's residents.
(7) Exceeding a facility's maximum authorized
				capacity or housing a resident type not authorized for the facility shall
				constitute a Class III violation.
Rulemaking Authority
					 393.501(1),
					 393.067 FS. Law Implemented
					 393.067
					 FS.
New 8-13-78, Formerly 10F-6.02, 10F-6.002,
					  65B-6.002, Amended
					 7-1-14.