69O-193.002. Definitions

(1) All terms defined in Chapter 651, F.S., which are used in these rules shall have the same meaning as in Chapter 651, F.S.

(2) “Administrator or executive director” means a natural person who has the general day-to-day administrative charge of a facility.

(3) “Affiliate” means any person that exercises control over or is directly or indirectly controlled by the provider through:

(a) Equity ownership of voting interests or securities;

(b) Common managerial control; or

(c) Collusive participation by the management of the provider and affiliate in the management of the provider or the affiliate.

(4) “Affiliated person” of another person means:

(a) The spouse of the other person;

(b) The parents of the other person and their lineal descendants, or the parents of the other person’s spouse and their lineal descendants;

(c) A person who directly or indirectly owns or controls, or holds with the power to vote, 10 percent or more of the outstanding voting interest or securities of the other person;

(d) A person, 10 percent or more of whose outstanding voting interests or securities are directly or indirectly owned or controlled, or held with power to vote, by the other person;

(e) A person or group of persons who directly or indirectly control, are controlled by, or are under common control with the other person;

(f) An officer, director, partner, copartner, or employee of the other person;

(g) If the other person is an investment company, an investment adviser of such company, or a member of an advisory board of such company;

(h) If the other person is an unincorporated investment company not having a board of directors, the depositor of such company; or

(i) A person who has entered into a written or unwritten agreement to act in concert with the other person in acquiring or limiting the disposition of ownership interest or voting securities of a provider or controlling company.

(5) “Construction of a model residence unit” means and is limited to the actual construction of a structure containing not more than one unit of each floor plan to be offered to prospective residents of the proposed facility.

(6) “Control,” including the terms “controlling,” “controlled by,” and “under common control with”, means the direct or indirect possession of the power to direct or cause the direction of the management or policies of a person, whether through ownership of voting interests or securities, by contract, or otherwise. Control is presumed to exist if a person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing 10 percent or more of the voting interests or securities of another person.

(7) “Independent consultant” means:

(a) A person who is not related by blood or marriage, employed, affiliated, or controlled by a provider; and,

(b) An independent actuary or independent Certified Public Accountant who in the regular practice of his profession is engaged by a provider to perform a specific function in accordance with professional standards and conduct required by that profession.

(8) “Long-term financing or debt” means any debt with a duration of more than twelve (12) months.

(9) “Material adverse deviation or change” means any change or extraordinary occurrence which creates or causes, or could create or cause, a provider or a facility to become insolvent or no longer financially viable.

(10) “Nominee of” means:

(a) A person other than the resident who has been designated in writing by the resident to receive any notices given or required to be given to a resident, and who may participate on behalf of the resident in any meetings between the resident and the provider or its agent or employee concerning the resident, the facility, or the rights of the resident, or in any complaint proceeding or legal action on behalf of the resident; and,

(b) A person who is not a provider or any agent, employee, or affiliate of the provider.

(11) “Occupied” means a date certain on which a resident takes possession of a unit or begins paying monthly maintenance fees, whichever occurs first.

(12) “Opening date or commencement of operations” means the day a certificate of occupancy is issued.

(13) “Payment-in-full” means that 100 percent of the entrance fee charged by a provider to a resident for a residency agreement has been paid to the provider.

(14) “Phase” means a planned incremental stage of construction in the development of a facility.

(15) “Preparation of the construction site” means, and is limited to, the clearing and grading of land of a proposed facility site, except when additional work is required to comply with any city, county, state, or federal laws, rules or ordinances in connection with the clearing and grading of a proposed facility site. Site preparation does not include the pouring of foundations or the stubbing in of plumbing.

(16) “Reservation agreement” means an agreement executed by a prospective resident or a nominee of a prospective resident for the purpose of reserving a specific unit in a facility.

(17) “Residency agreement” means an agreement executed by a resident or a nominee of a resident which gives the resident the right to occupy a unit and receive continuing care.

(18) “Total operating expenses” means all expenses incurred in the operations of a facility, net of depreciation and amortization.

(19) “Unit” means the shelter in which a resident may reside.

(20) “Waiting list deposit” means any payment made by a prospective resident to a provider in return for a preferential right to subscribe to a continuing care agreement.

Rulemaking Authority 651.015(3) FS. Law Implemented 651.011, 651.021, 651.022, 651.023, 651.026, 651.033, 651.035, 651.055, 651.091, 651.106, 651.1151, 651.118, 651.125 FS. History–New 7-16-92, Formerly 4-193.002, Amended 3-12-20.