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Florida Administrative Code (Last Updated: April 18, 2024) |
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65. Department of Children and Families |
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65G. Agency for Persons with Disabilities |
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65G-2. Licensure Of Residential Facilities |
1The Agency shall determine the length of a facility’s license based on the following:
15(1) A one year license shall be issued to facilities which meet all applicable licensing criteria.
31(2) Facilities with no current residents but which meet all applicable licensing standards shall be granted a one year license. However, such facilities shall have an on-site licensure review by the Regional Office within 30 days following the admission of their first resident to ensure that they are in compliance with the requirements of Chapter 393, F.S., and with the requirements of this rule chapter which could not be previously monitored.
102(3) A one month license shall be issued to facilities that are awaiting administrative actions by the Agency or another state agency in order to complete requirements for Agency licensing. This shall include facilities that are pursuing administrative or judicial appeals of Agency action and facilities which are pending a fire inspection. Subsequent and consecutive one month licenses shall be issued if the matter has not been resolved within the initial one month licensure period.
177(4) A three month license shall be issued to an existing facility which does not have any ongoing Class I violations, but fails to meet all requirements necessary for license renewal, for which no waiver has been approved by the Agency. A three month license shall be accompanied by an approved plan of correction. Failure to complete the actions specified in the plan of correction within the time limit specified in the plan shall result in the denial of the facility’s application for license renewal.
262(a) If the deficiencies have been corrected at the expiration of the three month license, and there are no other outstanding deficiencies, a one year license shall be issued.
291(b) If the previously-identified deficiencies have been corrected but new deficiencies are identified, a second three month license may be issued.
312(c) A third consecutive three month license shall only be granted at the approval Agency’s Director or the Director’s designee and shall only be granted if the licensee has made substantial progress to correct the facility’s remaining deficiencies. If the facility is not in full compliance with all licensing standards prior to the expiration of their third consecutive three month license, the facility’s application for license renewal shall be denied.
382(5) A license shall not be issued to any facility whose license has been suspended on an emergency basis.
401(6) The issuance of a license does not constitute a waiver of any statutory or rule violations by the licensee and does not prevent the Agency from seeking administrative sanctions against the licensee for violations that occurred during the term of previous licenses, up to a period of two years, for the same facility.
455Rulemaking Authority 457393.501(1), 458393.067 FS. 460Law Implemented 462393.067 FS. 464History–New 8-13-78, Formerly 10F-6.05, 10F-6.005, 46965B-6.005, 470Amended 7-1-14.
