DEPARTMENT OF FINANCIAL SERVICES
RULE NO.:RULE TITLE:
69O-193.003Applications and Management Change
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 49 No. 195, October 6, 2023 issue of the Florida Administrative Register.
The summary of statement of estimated regulatory costs and legislative ratification should have included the following language:
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Agency personnel familiar with the subject matter of the rule amendment have performed an economic analysis of the rule amendment that shows that the rule amendment is unlikely to have an adverse impact on the State economy in excess of the criteria established in Section 120.541(2)(a), Florida Statutes.
The following proposed rule will be changed to read:
69O-193.003 Applications and Management Change.
(1) No Change
(2) Application for Provisional Certificate of Authority.
(a) An application for a person applying for a provisional certificate of authority for a continuing care provider consists of the following:
1. No Change.
2. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100; paragraph (1)(a);
3. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100; paragraph (1)(a);
4. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100; paragraph (1)(a);
5. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100; paragraph (1)(a); and
6. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100. paragraph (1)(a).
(b) A person applying for a provisional certificate of authority as a continuing care provider shall submit forms in paragraph (2)(a) as directed by the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.
(3) Consolidated Application for Provisional Certificate of Authority and Certificate of Authority.
(a) A consolidated application for a provisional certificate of authority and certificate of authority for a continuing care provider consists of the following:
1. No Change.
2. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100; paragraph (1)(a);
3. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100; paragraph (1)(a);
4. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100; paragraph (1)(a);
5. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100; paragraph (1)(a); and
6. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100. paragraph (1)(a).
(b) No Change.
(4) Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider.
(a) An application for the simultaneous acquisition of a continuing care facility and issuance of a certificate of authority consists of the following:
1. No Change.
2. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100; paragraph (1)(a);
3. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100; paragraph (1)(a);
4. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100; paragraph (1)(a);
5. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100; paragraph (1)(a); and
6. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100. paragraph (1)(a).
(b) No Ch
(c) Disclaimer of Control
1. A person may attempt to rebut a presumption of control pursuant to Section 651.0245, F.S., by electronically filing at https://www.floir.com/iportal one of the following forms, which may be obtained from https://www.floir.com/iportal, with the Office:
a. Form OIR-C1-1467, incorporated by reference in Rule 69O-136.100; “Disclaimer of Control Affidavit – Individual”, effective 7/21, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14455;
b. Form OIR-C1-1468, incorporated by reference in Rule 69O-136.100; “Disclaimer of Control Affidavit – Entity”, effective 7/21, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14456;
c. Form OIR-C1-2211, incorporated by reference in Rule 69O-136.100; “Disclaimer of Control Affidavit – Investment Companies,” effective 7/21, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14457.
2. – 3. No Change.
(5) Application for Expansion.
(a) An application for a person applying for expansion of a certificated continuing care facility consists of the following:
1. No Change.
2. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100; paragraph (1)(a);
3. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100; paragraph (1)(a);
4. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100; paragraph (1)(a); and
5. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100. paragraph (1)(a).
(b) No Change.
(6) Manager or Management Company.
(a) To comply with the filing requirements of Section 651.043(2), F.S., for each new management company or manager not employed by a management company within 10 business days of a change in management, the provider shall submit the following:
1. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100; paragraph (1)(a);
2. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100; paragraph (1)(a); and
3. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100. paragraph (1)(a).
4. A copy of the written management contract, if applicable.
(b) No Change.
Rulemaking Authority 651.015(3), 651.021(2), 651.022(2), 651.0245(3), (5), (6), 651.0246(1), 651.043 FS. Law Implemented 651.0215, 651.022, 651.023, 651.024, 651.0245, 651.0246 FS. History–New 7-16-92, Formerly 4-193.003, Amended 3-12-20, 7-21-22, ________.
