DEPARTMENT OF CHILDREN AND FAMILIES
RULE NO.:RULE TITLE:
65E-9.003Licensure
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. 41 No. 81, April 27, 2015 issue of the Florida Administrative Register.
65E-9.003 Licensure.
(1) An entity operating as a residential treatment center, including therapeutic group homes, shall first obtain a license from the Agency, unless specifically excluded from being licensed under the provisions of Section 394.875(5), F.S. All applicants for licensure must comply with the application requirements of Chapter 394, Part IV, 408, Part II, and the requirements of the Agency in rule chapter 59A-35. Compliance with Chapter 394, Part I, 408, Part II, and Subsection 409.1678(3), F.S. shall be a condition of licensure. Application for licensure shall be made to the Agency on AHCA Form 3180-5004, February 2015, Health Care Licensing Application Residential Treatment Center for Children and Adolescents, which is incorporated by reference and available online at http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Hospital_Outpatient/rtc.shtml.
(2) No change.
(3) License fee. An application fee of $240 per bed shall accompany an initial license application, change of ownership application, and license renewal application. For capacity changes effective during the license period, a $25 license reprint fee applies. In addition, the application fee for capacity increases shall be the per bed fee for each additional bed to be added to the license. All fees are non-refundable. The fee shall be reasonably calculated annually and adjusted by the agency to cover the cost of regulation.
(3)(4) No change.
(5) Initial license – New construction, new operation, or reapplication of an expired license. The applicant shall provide all the information required by Chapter 408, Part II, Sections 394.875, 394.876, F.S., and Chapter 59A-35, F.A.C. The application must be accompanied by the appropriate license fee in order to be accepted and considered timely. The following additional documentation shall be submitted with the application:
(a) Proof of compliance with Sections 394.4572 and 408.809, F.S.
(b) Proof of liability insurance coverage from an authorized insurer in an amount no less than $300,000 per occurance with a minimal annual aggregate of no less than $1,000,000.
(c) HIV/AIDS affidavit assuring required facility staff will be trained (see Section 381.0035, F.S.).
(d) Copy of a satisfactory fire safety inspection report completed within the last 365 days by the local fire authority having jurisdiction or the local fire marshal.
(e) Copy of a satisfactory sanitation inspection report completed within the last 365 days by the local county public health unit.
(f) Proof that the business registration is active with the Florida Department of State, Division of Corporations.
(g) Proof of the right to occupy the premises. Proof may be a warranty deed, lease agreement, quit claim deed, or similar document that confirms the applicant’s right to operate at the street address on the application form.
(h) Facilities that would be considered a community residential home under Chapter 419, F.S., who are being licensed for the first time or existing facilities that have changed location or ownership shall provide a completed, “Community Residential Home Affidavit of Compliance with Chapter 419 Form,” dated February 2010 which is incorporated by reference and may be obtained from the agency’s website http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Hospital_Outpatient/forms/CommResHome_AffidavitofComplianceWithCh419.pdf. All other residential treatment centers, being licensed for the first time or who have changed location shall provide a report or letter from the zoning authority dated within the last six months indicating the street location is zoned appropriately for its use.
(4) Liability insurance coverage.
(a) Applicants shall provide proof of professional liability insurance coverage from an authorized insurer in an amount no less than $300,000 per occurrence with a minimal annual aggregate of no less than $1,000,000.
(b) Applicants shall provide proof of general liability insurance coverage from an authorized insurer in an amount no less than $300,000 per occurrence with a minimal annual aggregate of no less than $1,000,000.
(6) through (13) renumbered (5) through (12) No change.
NAME OF PERSON ORIGINATING PROPOSED RULE: Krystle Cacci, Policy Analyst
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll, Secretary, Florida Department of Children and Families
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 4, 2015
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 10, 2015
