The proposed amendment would revise the uniform licensing rule on issuing licenses to more than one provider at the same physical address. Review of the law implemented cited for this rule has determined that there is not a specific statutory ...  


  • RULE NO.: RULE TITLE:
    59A-35.100: Minimum License Requirements.
    PURPOSE AND EFFECT: The proposed amendment would revise the uniform licensing rule on issuing licenses to more than one provider at the same physical address. Review of the law implemented cited for this rule has determined that there is not a specific statutory prohibition against issuance of more than one license at a physical address.
    SUMMARY: This proposed rule will delete the prohibition against issuance of more than one license at a physical address.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
    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:
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    RULEMAKING AUTHORITY: 408.819 FS.
    LAW IMPLEMENTED: 408.810 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
    DATE AND TIME: December 15, 2011, 10:00 a.m.
    PLACE: Agency for Health Care Administration, Building 3, Conference Room B, 2727 Mahan Drive, Tallahassee, Florida 32308
    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Kaylyn Boles, Bureau of Health Facility Regulation, 2727 Mahan Drive, Tallahassee, Florida 32308, (850)412-4339. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Saliba, Office of General Counsel, 2727 Mahan Drive, Tallahassee, Florida 32308, (850)412-3666

    THE FULL TEXT OF THE PROPOSED RULE IS:

    59A-35.100 Minimum Licensure Requirements.

    Provider location.

    (1) A licensee must maintain proper authority for operation of the provider at the address of record. If such authority is denied, revoked or otherwise terminated by the local zoning or code enforcement authority, the Agency may deny or revoke an application or license, or impose sanctions.

    (2) With the exception of federally authorized clinical laboratories, more than one license will not be issued to operate the same provider types at the identical physical or street address. Existing licensees must comply with this paragraph upon license renewal.

    Rulemaking Authority 408.819 FS. Law Implemented 408.810 FS. History–New 7-14-10, Amended_________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Saliba
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 17, 2011
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 2, 2011

Document Information

Comments Open:
11/23/2011
Summary:
This proposed rule will delete the prohibition against issuance of more than one license at a physical address.
Purpose:
The proposed amendment would revise the uniform licensing rule on issuing licenses to more than one provider at the same physical address. Review of the law implemented cited for this rule has determined that there is not a specific statutory prohibition against issuance of more than one license at a physical address.
Rulemaking Authority:
408.819 FS.
Law:
408.810 FS.
Contact:
Richard Saliba, Office of General Counsel, 2727 Mahan Drive, Tallahassee, Florida 32308, (850)412-3666
Related Rules: (1)
59A-35.100. Minimum License Requirements.