An order has been issued disposing of the petition for variance from Rules 65E-12.109(1)(b)2., 65E-12.109(1)(b)7., 65E-12.109(2)(g), 65E-12.109(5)(a), 65E-12.109(16)(b), 65E-12.109(17), and 65E-12.109(1)(b)4.a., Florida ....
DEPARTMENT OF CHILDREN AND FAMILIES
RULE NO.:RULE TITLE:
65E-12.109Minimum Construction Standards for New CSU and SRT Facilities Initially Licensed After July 14, 1993
The Department of Children and Families hereby gives notice: An order has been issued disposing of the petition for variance from subparagraphs 65E-12.109(1)(b)2., 65E-12.109(1)(b)7., paragraphs 65E-12.109(2)(g), 65E-12.109(5)(a), 65E-12.109(16)(b), subsection 65E-12.109(17), and sub subparagraph 65E-12.109(1)(b)4.a., Florida Administrative Code, from David Lawrence Centers for Behavioral Health. The petition was received on July 15, 2024 and the Notice of Variances and Waivers was published in Vol. 50, No. 138 of the Florida Administrative Register on July 16, 2024.
Subparagraph 65E-12.109(1)(b)2., Fla. Admin. Code, states that the walls throughout all client areas of the Crisis Stabilization Unit (“CSU”) or Short-term Residential Treatment Program (“SRT”) shall either be concrete block or a double layer of gypsum wallboard or three-quarter inch think plaster or metal lath to minimize maintenance of the facility. The general architecture of the unit shall provide for optimal line-of-sight observation from the nurses’ station throughout the unit, minimizing hidden spots and blind corners.
Subparagraph 65E-12.109(1)(b)7., Fla. Admin. Code, states that corridors in client areas must be at least a six foot clear width; non-client areas must be at least 44 inches minimum clear width.
Rule 65E-12.109(2)(g), Fla. Admin. Code, states that ceiling height in bedrooms, activity areas, and bathrooms shall be at least nine feet.
Paragraph 65E-12.109(5)(a)., Fla. Admin. Code, states that each CSU shall have a minimum of two seclusion rooms that shall share a common vestibule with a bathroom off the vestibule area. Each SRT shall have at least one seclusion room. Seclusion rooms shall be free of sharp edges or corners and be strongly constructed to withstand repeated physical assaults. Walls shall be either concrete block or double layered to provide resistance and be smooth. The ceilings shall be nine feet in clear height, hard-coated, and lighting fixtures recessed and tamper-proof. Lighting fixtures shall be nonbreakable, preferably Lexan, and shall be installed with tamper-proof screws, as shall any other items in the seclusion rooms. The seclusion room door shall be heavy wood or metal at least 36 inches in width and shall open outward. The door frame shall be heavy steel and shall be thoroughly bolted into the wall and cemented in.
Paragraph 65E-12.109(16)(b), Fla. Admin. Code, states, with regards to the fenced recreational area, that the fenced area shall provide some shaded area where persons receiving services may be out of doors without being in direct sunlight or may receive sunlight as they desire. . . The area of this fenced enclosure shall be at least 1,100 square feet including an activity area having dimensions of not less than 20 feet by 40 feet.
Subsection 65E-12.109(17), Fla. Admin. Code, states that, in addition to open, on-unit floor space, each CSU and SRT shall have an accessible multipurpose room for group activities of at least 180 square feet. This area may be the dining area.
Sub subparagraph 65E-12.109(1)(b)4.a., Fla. Admin. Code, states that the close observation area shall include persons brought onto the CSU or SRT needing initial observation or restraints, individualized observation, and lowered stimulation levels, all of which require the frequent physical proximity of nurses. This area shall be directly adjacent to the primary unit doorway and nurses’ station. The immediately adjacent rooms shall be used for single occupancy and restraint or seclusion. These rooms shall be remote from routine high activity areas and corridors.
The petition for variance from subsection 65E-12.105(5) was granted on October 10, 2024, subject to conditions, because Petitioner demonstrated a substantial hardship and that the underlying purpose of the statute will likely be achieved. The variance will terminate if the conditions are not met.
A copy of the Order or additional information may be obtained by contacting: Agency Clerk, Department of Children and Families, 2415 North Monroe Street, Suite 400, Tallahassee, FL 32303 or Agency.Clerk@myflfamilies.com.
