Subject
The procedure used to adopt this emergency rule is fair as the State of Florida is under a declaration of emergency due to the outbreak of COVID-19. This emergency rule is necessary and fair to ensure the health, safety, and welfare of the facility residents due to such an emergency. This emergency rule process provides at least the procedural protection given by other statutes, the State Constitution, or the United States Constitution because of the Legislative grant of authority to the Agency to regulate the conduct of group home operators to ensure the health safety and welfare of their residents, and the grant of authority to the Governor as the director of response to this emergency. The rule takes only that action necessary to protect the public interest under the emergency procedure by targeting the potential source of introduction to the facility only.