65G-2.002. License Application and Renewal Procedures

(1) All facilities in which clients reside must operate under a current license issued by the Agency.

(2) APPLICATION. All applications for initial licensure as well licensure renewal must be submitted using Facility Application form APD 2014-01 http://www.flrules.org/Gateway/reference.asp?No=Ref-04405 (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, F.S.

(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, F.S. 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, F.S., 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) If the applicant has not provided sufficient supporting information with the application, the Agency shall require the applicant to provide additional information regarding the applicant’s qualifications for the types of residents or the level of services the applicant wishes to serve.

(6) A license shall be valid for the dates specified on the license but shall not exceed 1 year. A license which has not been renewed prior to the expiration date is invalid and the facility shall be considered unlicensed except as otherwise provided under Section 120.60(4), F.S.

(7) A license to operate a facility is not assignable and is valid only for the applicant identified on the application, and for the premises and purposes specified on the license.

(8) The licensee must give at least 30 days’ notice to the Regional Office in writing prior to the license’s intent to close a licensed facility, intent to discontinue responsibility for the management of a licensed facility, or intent to sell or lease the facility to another owner or operator. The applicant’s failure to provide adequate and timely notice of a facility’s intent to close or the applicant’s intent to sell or lease a facility shall be considered during the review of future license applications by the applicant.

(a) Notice of facility’s intent to close that is delivered to the Agency between 20 and 30 days prior to the closure of the facility shall be considered a Class III violation for each facility resident.

(b) Notice of facility’s intent to close that is delivered to the Agency between 10 and 19 days prior to the closure of the facility shall be considered a Class II violation for each facility resident.

(c) Notice of a facility’s intent to close that is provided less than 10 days prior to the closure of the facility shall be considered a Class I violation for each facility resident.

(9) Each facility owned and managed under a single corporation, firm, partnership or association must operate under a separate and distinct license.

(10) Agency staff shall review applications for licensure using the following forms: Foster Care Facility Checklist APD 2014-03 http://www.flrules.org/Gateway/reference.asp?No=Ref-04406 (effective April 1, 2014), Group Home Facility Checklist APD 2014-04 http://www.flrules.org/Gateway/reference.asp?No=Ref-04407 (effective April 1, 2014), Residential Habilitation Center Checklist APD 2014-05 http://www.flrules.org/Gateway/reference.asp?No=Ref-04408 (effective April 1, 2014), Comprehensive Transitional Education Program Checklist APD 2014-06 http://www.flrules.org/Gateway/reference.asp?No=Ref-04409 (effective April 1, 2014), and General Facility Checklist APD 2014-07 http://www.flrules.org/Gateway/reference.asp?No=Ref-04410 (effective April 1, 2014), which are hereby incorporated by reference. These forms may be obtained from the Regional Office.

(11) If 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 7-23-14.