59A-37.002. License Application, Renewal and Conditional Licenses

(1) LICENSE APPLICATION.

(a) An applicant for an adult family care home license may apply for licensure pursuant to the requirements of Chapters 408, Part II, and 429, Part II, F.S., Chapter 59A-35, F.A.C., and this rule chapter. In addition to those requirements, the application must be accompanied by the following:

1. Evidence of a Level 2 background screening conducted pursuant to Chapter 435, F.S., for the applicant, each relief person, all adult household members, and all staff.

2. If located in an area zoned single-family or multi-family, a community residential home certification form signed by the Department of Children and Family Services’ district community residential home coordinator. If not located in an area zoned single-family or multi-family, Local Zoning Form, AHCA Form 3180-1021, August 2021, which is incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14001, or a letter from the local zoning authority, signed by the county zoning official, which states that the applicant is in compliance with local zoning ordinances. The form is available online at http://www.ahca.myflorida.com/HQAlicensureforms.

3. Documentation of a satisfactory sanitation inspection as required under Rule 59A-37.009, F.A.C.

4. Documentation of a satisfactory fire safety inspection as required under Rule 59A-37.010, F.A.C.

5. Income and Expense Statement, AHCA Form 3180-1017, August 2021, which is incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14000. The form is available online at http://www/ahca.myflorida.com/HQAlicensureforms.

6. Written assurance affirming that the applicant is aware of and will complete the training requirements as described in Rule 59A-37.007, F.A.C.

7. Documentation that the provider resides in the adult family-care home pursuant to Section 429.67(2), F.S., and subsection 59A-37.001(17), F.A.C.

(b) If, at the time of applying for an initial license, an applicant is already providing room, board, and one or more personal services to persons who will be considered residents, the provider must be in compliance with all admission and care standards applicable to residents under this rule chapter upon licensing.

(2) LICENSE RENEWAL. In addition to the requirements of Chapters 408, Part II, and 429, Part II, F.S., and Chapter 59A-35, F.A.C., and this rule chapter, all applicants for license renewal shall provide the following:

(a) Documentation of a satisfactory sanitation inspection as required under Rule 59A-37.009, F.A.C.

(b) Documentation of a satisfactory fire safety inspection as required under Rule 59A-37.010, F.A.C.

(c) Documentation that the provider resides in the adult family care home pursuant to Section 429.67(2), F.S., and subsection 59A-37.001(17), F.A.C.

(d) Upon application for license renewal the Agency may request documentation of adequate financial resources to operate the adult family-care home in compliance with health and safety standards if the financial stability of the AFCH is in question. Indicators of financial instability are: filing of bankruptcy; issuance of checks returned for insufficient funds; non-payment of rent, mortgage, utilities, staff wages or salaries, or taxes; confirmed complaints to the Agency or ombudsman council regarding withholding of funds or refunds due to residents; and any other information which indicates the inability of the home to meet its financial responsibilities in a full and timely manner.

(3) Lease or rental agreements submitted pursuant to Section 429.67(2), F.S., must be accompanied by documentation demonstrating that the property owner permits the operation of an adult family care home provider by the tenant on the premises described in the lease or rental agreement.

(4) CONDITIONAL LICENSE. The Agency may issue a conditional license to an AFCH if, at the time of license renewal the provider is found to have uncorrected deficiencies.

(a) The issuance of a conditional license shall be contingent upon Agency approval of a written plan of correction which includes corrective steps that will be taken to eliminate the deficiencies and a timetable for correction of the deficiencies by the expiration date of the conditional license.

(b) A conditional license shall be issued by the Agency only for that time period necessary to comply with applicable licensing standards and complete license renewal procedures, but not to exceed 6 months.

(c) A conditional license shall be revoked and license denied if subsequent follow-up surveys by the Agency indicate that necessary progress has not been made toward compliance with applicable licensing standards.

(d) The issuance of a conditional license does not change the biennial license expiration date.

(4) This rule is in effect for five years from its effective date.

Rulemaking Authority 429.67, 429.69, 429.71, 429.73 FS. Law Implemented 429.67, 429.69, 429.71, 429.73 FS. History–New 5-14-86, Amended 2-2-95, Formerly 10A-14.003, Amended 9-19-96, 3-25-98, 6-6-99, 1-1-04, 7-30-06, 4-15-10, Formerly 58A-14.003, 7-1-19, 2-27-22.