License Application and Renewal Procedures

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Agency for Persons with Disabilities

RULE NO.:RULE TITLE:

65G-2.002License Application and Renewal Procedures

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. 40, No. 2, January 3, 2014 issue of the Florida Administrative Register as amended by the Notice of Change published in Vol. 40, No. 63, April 1, 2014 issue of the Florida Administrative Register.

65G-2.002 License Application and Renewal Procedures.

(1) No change.

(2) APPLICATION.  All applications for initial licensure as well licensure renewal must be submitted using Facility Application form APD 2014-01 (April 1, 2014) which is incorporated herein by reference. A copy of this form may be obtained by contacting the Regional office. The Agency shall review license applications in compliance with the requirements of Section 120.60, Florida Statutes. A copy of the application may be obtained from the Regional office.

(3) LICENSE RENEWALS. The licensee shall submit an application for license renewal to the Regional Office at least 45 days prior to the expiration of the prior license. The failure to submit a complete application at least 45 days prior to the expiration of the prior license shall be considered a Class III violation. No fine shall be imposed if the renewal application is received between 30 and 45 days prior to expiration.

(4) The Agency shall consider prior licensing sanctions against a facility licensee, applicant, owner, or manager when reviewing whether to grant a facility a license. This may also include consideration of whether a licensee, applicant, owner, or manager has previously been determined guilty of operating an unlicensed assisted living facility pursuant to Section 429.08, Florida Statutes. In making a determination under this subsection with respect to an applicant, licensee, owner or manager with prior sanctions, the Agency will consider the nature and seriousness of any violation for which a sanction was imposed, the type of sanction imposed including the amount of any applicable fine imposed, the number of prior sanctions, compliance with any conditions or requirements of any sanction and the length of time the facility has operated without any violation since the most recent violation for which a sanction was imposed. In making a determination under this subsection with respect to a licensee, applicant, owner or manager who has been determined guilty of operating an unlicensed assisted living facility, the Agency will consider whether the person at any time operated the assisted living facility with a proper license under Section 429.07, Florida Statutes, the length of time for which the facility operated with a license, and the length of time the facility was operated with an expired license.

(5) through (9) No change.

(10) Agency staff shall review applications for licensure using the following forms: Foster Care Facility Checklist APD 2014-03 (effective April 1, 2014), Group Home Facility Checklist APD 2014-04 (effective April 1, 2014), Residential Habilitation Center Checklist APD 2014-05 (effective April 1, 2014), Comprehensive Transitional  Education Program Checklist APD 2014-06 for (effective April 1, 2014), and General Facility Checklist APD 2014-07 (effective April 1, 2014), which are hereby incorporated by reference. These forms may be obtained from the Regional Office.

(11) If the applicant fails to submit a complete application prior to the expiration of the facility’s existing license, the application shall be considered an initial application rather than a renewal application.

Rulemaking Authority 393.501 FS. Law Implemented 393.0655, 393.067, 393.0673 FS. History–New______.