Subject


To facilitate the expeditious implementation of the Emergency Rule requirements, this Supplement to Emergency Rule 58AER17-1 regarding the variance process already available under existing law is adopted to provide guidance and direction to the assisted living facilities that, for reasons outside their control, are unable to fully implement an Emergency Power Plan within the sixty (60) days specified in the Emergency Rule. This Supplement does not repeal or modify the requirements of the Emergency Rule. This Supplement will enable the Department to accurately track the steps taken by assisted living facilities around the state to address the important goal of ensuring that all assisted living facilities have the ability to protect the safety of the residents in times of emergency. This Supplement provides at least the procedural protections given by other statutes, the Florida Constitution, or the United States Constitution, and takes only that action necessary to clarify the requirements and to protect the public interest under the emergency procedure.