65G-2.001. Definitions

For the purposes of this chapter, the term:

(1) “Agency” means the Agency for Persons with Disabilities.

(2) “Applicant” means a person or entity that has submitted a written application to the Agency for the purposes of obtaining an initial residential facility license or renewing an existing residential facility license.

(3) “Authorized representative” means any person lawfully authorized to make a decision on behalf of a resident.

(4) “Behavior Analyst” means a person certified under Chapter 65G-4, F.A.C.

(5) “Benefit payments” has the same meaning as set forth in section 402.33, Florida Statutes (F.S.).

(6) “Change of ownership” means an event in which the licensee changes to a different legal entity or in which 45 percent or more of the ownership, voting shares, or controlling interest in a corporation whose shares are not publicly traded on a recognized stock exchange is transferred or assigned, including the final transfer or assignment of multiple transfers or assignments over a 2-year period that cumulatively total 45 percent or greater. A change solely in the management company or board of directors is not a change of ownership.

(7) “Client” is as defined in Section 393.063, F.S.

(8) “Community-Based Service Location” means for purposes of the incident reporting requirements under Section 393.067, F.S., any location within the community where the resident or client may be located while the individual is under the supervision of a covered person.

(9) “Controlling entity” means:

(a) The applicant or licensee;

(b) A person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the applicant or licensee; or

(c) A person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the management company or other entity, related or unrelated, with which the applicant or licensee contracts to manage the facility.

(d) This term does not include a voluntary board member.

(10) “Covered person” means any owner, employee, paid staff member, volunteer, or intern of the licensee, any person under contract with the Agency, and any person providing care or support to a client on behalf of the Agency or its providers.

(11) “Direct Care Core Competency Training” means the training described and mandated by the Florida Medicaid Developmental Disabilities Individual Budget Waiver Services Coverage and Limitations Handbook, which is incorporated by reference in Rule 59G-13.070, F.A.C.

(12) “Direct service provider” is as defined in Section 393.063, F.S.

(13) “Emotional harm” means an inferred negative emotional state indicated by agitation, withdrawal, crying, screaming, or other behavioral indicators.

(14) “Entity” means an individual, partnership, association, joint venture, company, sole proprietorship, corporation, limited liability corporation, professional limited liability corporation, or any other form of business.

(15) “Facility” means a foster care facility, group home facility, residential habilitation center, or comprehensive transitional education program as defined in Section 393.063, F.S. The individual centers and units that comprise a comprehensive transitional education program collectively constitute a single “facility.”

(16) “Federal benefit rate” means the amount of money the Federal government provides to recipients of the Supplemental Security Income (“SSI”) program for a particular calendar year.

(17) “Foster care facility” has the same meaning as set forth in section 393.063, F.S.

(18) “Group home facility” has the same meaning as set forth in section 393.063, F.S.

(19) “Household members” means residents, live-in staff, family members of live-in staff, and any other person residing in the facility.

(20) “Licensee” means a person or entity which has been issued and currently maintains a non-expired residential facility license from the Agency.

(21) “Live-in staff” means direct service providers whose primary residence is the same as that of the residents for whom they are providing supports and services.

(22) “Local Review Committee (LRC)” means the committee established pursuant to Rule 65G-4.008, F.A.C., to provide oversight of behavioral services to Agency clients in a service region.

(23) “Operator” means the person and/or entity responsible for the management and administration of a facility.

(24) “Other Location” means for purposes of the incident reporting requirements under Section 393.067, F.S., any location within the community where the resident or client may be located while not under the supervision of a covered person.

(25) “Parcel” means the same as a “lot” as that term is defined in Section 177.031, F.S.

(26) “Personal needs allowance” means funds set aside from benefit payments and third-party payments to provide for the client's current maintenance and incidental personal expenses.

(27) “Physical harm” means a bodily injury or illness requiring first aid or other medical procedures.

(28) “Provider” means any program or facility for the care, treatment, training, residence or habilitation of persons with developmental disabilities that is licensed by the Agency or receives funds from the Agency through a contract. A provider does not include a spouse, family member or guardian with whom a person with developmental disabilities resides or a provider covered under the provisions of Part VIII of Chapter 400, F.S.

(29) “Regional Office” means the primary office for a service region of the Agency for Persons with Disabilities.

(30) “Repeat violation” means the re-occurrence of a violation of the same standard that occurs within 12 months.

(31) “Resident” means any person with a developmental disability whose primary place of residence is a facility, whether or not such person is a client of the Agency.

(32) “Residential facility” has the same meaning as in 393.063, F.S.

(33) “Representative payee” has the same meaning as set forth in section 402.33, F.S.

(34) “Residential habilitation” has the same meaning as set forth in section 393.063, F.S.

(35) “Room and board payment” means a limited reimbursement by the Agency to a residential facility providing residential habilitation and room and board to a client, to cover the cost of providing food and shelter to a client in accordance with chapter 393, F.S., and chapter 65G-2, F.A.C.

(36) “School” is as defined in Section 1003.01, F.S., for purposes of the incident reporting requirements under Section 393.067, F.S.

(37) “Self-determination” is as defined in Section 393.063, F.S.

(38) “Sexual activity” is as defined in Section 393.135, F.S.

(39) “Sexually aggressive resident” means a minor who is an alleged juvenile sexual offender, as defined in Section 39.01, F.S., or an adult who is documented to have committed an act of sexual abuse as that term is defined in Section 415.102, F.S.

(40) “Survey” means an on-site inspection conducted by Agency staff for the purpose of determining compliance with facility standards.

(41) “Third-party benefits” has the same meaning as set forth in section 402.33, F.S.

(42) “Voluntary board member” means a board member of a not-for-profit corporation or organization who serves solely in a voluntary capacity, does not receive any remuneration for services to the corporation or organization, and has no financial interest in the corporation or organization.

(43) “Welfare” means care which promotes those rights enumerated in Sections 393.13(3) and (4), F.S.

(44) “Zero Tolerance” means Agency initiated activities, such as education and training, which are intended to prevent occurrences of abuse, neglect, exploitation, and abandonment involving persons with developmental disabilities and facilitate quicker identification and reporting of potentially harmful situations and environments in which abuse, neglect, exploitation, or abandonment may arise.

(45) This Rule shall be reviewed, and if necessary, renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 393.066, 393.0662, 393.067,393.501(1), 402.33 FS. Law Implemented 393.066, 393.0662, 393.067, 393.13, 402.33 FS. History‒New 7-1-14, Amended 7-1-18, 8-17-23.