That on October 17, 2019, the Agency for Persons with Disabilities (“Agency”) received a petition for a variance from subsection 65G-2.002(7), Florida Administrative Code, from Damaris Place Group Home (“Petitioner”). The Agency published notice in ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Agency for Persons with Disabilities

RULE NO.:RULE TITLE:

65G-2.002License Application and Renewal Procedures

The Agency for Persons with Disabilities hereby gives notice:

That on October 17, 2019, the Agency for Persons with Disabilities (“Agency”) received a petition for a variance from subsection 65G-2.002(7), Florida Administrative Code, from Damaris Place Group Home (“Petitioner”). The Agency published notice in the Florida Administrative Register on October 29, 2019 in volume 45/211. Subsection 65G-2.002(7), F.A.C. provides, “A license to operate a facility is not assignable and is valid only for the applicant identified on the application, and for the premises and purposes specified on the license.” Petitioner indicated that the variance is sought in order to allow an Agency client who is blind and incontinent to receive personal care and respite services from Petitioner, which is licensed to provide residential habilitation services. This client spends days but not nights at Petitioner’s group home and is therefore not a “resident.” This client tried attending adult day training (“ADT”) facilities in the area but they were unable to meet his needs. The client, who is blind, has been receiving services from Petitioner for five years and has become familiar with the landscape of the group home and is comfortable with its staff and residents. Additionally, the residents and their guardians are satisfied with the services provided by Petitioner and have no issues with the client remaining in the group home during the day. The Agency agrees that strict application of the rule would cause a significant hardship to the extent that it would disrupt the relationship Petitioner has developed with this client and require him to either reside overnight at the group home (rather than return to his family’s home) or find an ADT facility capable of meeting his needs. The purpose of the underlying statute is also achieved by this arrangement, which is to require uniform minimum standards for facilities and programs licensed under subsection 393.067(1), Florida Statutes, to ensure appropriate care is provided to all residents and Agency clients. The variance shall be effective January 1, 2020 and will expire on December 31, 2020, subject to annual renewal every calendar year starting January 1st pending receipt of a new petition.

A copy of the Order or additional information may be obtained by contacting: Danielle Thompson, Esq., Agency Cler, Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 335, Tallahassee, FL 32399-0950, Phone: [phone], Email: [e-mail].