Florida Administrative Code

(1) Each Qualified Organization must develop, maintain, and enforce a disciplinary process applicable to all Support Coordinators within the organization. Failure to develop, maintain, or enforce a disciplinary process shall constitute grounds for the Agency to deny the applicati…

(1) In addition to completing required training as provided in the iBudget Handbook and Rule 65G-10.004, F.A.C., any person or Support Coordinator who has less than 12 months' experience working as a Support Coordinator as of July 1, 2021 must complete an Agency-approved mentorin…

(1) The purpose of this rule is to notify Qualified Organizations of the ranges of penalties that will routinely be imposed in response to a Qualified Organization's violation(s) of applicable Agency rule(s) or statute(s) and, if applicable, failure to timely correct the violatio…

(1) "Agency" means the Agency for Persons with Disabilities. (2) "Claimant" means any person who submits a restitution claim alleging property damage and/or direct medical expenses for his or her injuries under Section 402.181, F.S. (3) "Health care" means services, supplies, and…

(1) A claimant filing a restitution claim under Section 402.181, F.S., has the burden to prove by a preponderance of the evidence: (a) That the action(s) of a resident(s) is the direct cause of claimant's property damages and/or direct medical expenses for injuries; and (b) The m…

(1) A business may apply to the Agency for designation as a Florida Unique Abilities Partner by submitting a completed Florida Unique Abilities Partner Program Application Form, UAP-1, http://www.flrules.org/Gateway/reference.asp?No=Ref-07593, effective date: December 2016, which…

For the purposes of this chapter, the term: (1) "Adult Day Training Program" means the same as in section 393.063, F.S. (2) "Agency" means the Agency for Persons with Disabilities. (3) "Applicant" means a person or entity that has submitted a written application to the Agency for…

(1) Providers required to be licensed under section 393.067, F.S., to provide services must maintain a valid current license issued by the Agency. (2) Application. All applications for initial licensure as well licensure renewal must be submitted using License Application Form 65…

(1) Application Required. A license to operate a facility or program is not assignable or transferable and is valid only for the individual, entity, premises, and purposes specified on the license. (2) The transferring facility or program is the licensee, and the receiving or tra…

The Agency shall determine the length of a program or facility's license based on the following: (1) A one year license shall be issued to residential facilities and a three-year license shall be issued to adult day training programs which meet all applicable licensing criteria. …

Rulemaking Authority 393.067 FS. Law Implemented 393.067 FS. History-New 8-13-78, Amended 4-17-80, Formerly 10F-6.07, 10F-6.007, 65B-6.007, Repealed 1-19-16.

(1) The Agency shall conduct ongoing monitoring of each facility or program, either unannounced or announced, in order to ensure the facility or program is in full compliance with the applicable requirements of chapter 393, F.S., and Agency rules. Each monitoring checklist shall …

(1) Notice of Noncompliance. (a) The Agency shall issue a Notice of Noncompliance as provided under section 120.695, F.S., in response to the first occurrence of a minor violation unless corrected before the completion of the on-site monitoring which identified the minor violatio…

(1) Under a final order of the Agency, the Agency shall impose disciplinary action against a licensee for the violation of any facility or program standard as provided in chapter 393, F.S., or the Agency's rules. First offenses of minor violations will be issued a Notice of Nonco…

(1) The Agency shall deny an application for licensure if: (a) the applicant fails to provide the Agency with a complete application for licensure and has failed to respond to the Agency's request for the missing information by the deadline set by the Agency; (b) the applicant or…

(1) Maximum number of residents in each facility. (a) A facility shall not serve more clients than the maximum capacity, as stated on the license. (b) The licensed capacity shall be determined by the Agency after consideration of the following, as described in Rule 65G-2.007, F.A…

(1) Facility name and identification. (a) No facility may be referred to or use names such as "nursing facility" or "rest facility" unless it is a nursing facility licensed under chapter 400, F.S. (b) No facility may use the word "school" in its name unless there is a state or co…

(1) Each foster care facility shall be located in an area which complies with local zoning restrictions. (2) Each foster care facility shall designate a person as responsible for the ongoing operation of the foster care facility and for ensuring compliance with Chapter 65G-2, F.A…

(1) Each group home facility shall be located in an area which complies with local zoning restrictions. (2) Each group home facility shall have a designated facility operator on-site or on call at all times. The facility operator is responsible for the ongoing operation of the gr…

(1) Organization and administration. (a) A residential habilitation center need not be a fully self-contained program unit. Residential habilitation center activities may be coordinated with habilitative educational and recreational activities in which the residents engage outsid…

(1) Right to use and occupy. (a) The licensee must have the legal right to use and occupy the property. (b) If the licensee is not the owner of the property, they must have a fully executed lease. 1. The lease must be current at the time of initial licensure and renewal. 2. The l…

(1) The licensee shall employ adequate staff to maintain the facility in a manner that promotes and ensures the health, safety, and welfare of residents, and protects nonresidents from any known dangerous behaviors that the residents exhibit. At a minimum, the licensee shall main…

(1) Resident Care Standards. (a) To ensure the health and safety of the facility's residents, which includes providing appropriate physical care and supervision, each facility shall: 1. facilitate the implementation of resident support plans, behavior plans, and any other directi…

(1) Emergency Standards. (a) Direct service providers shall be knowledgeable in facility procedures for handling emergencies. (b) There shall be at least one telephone which is accessible to direct service providers and residents for emergency use at all times. The facility must …

Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.067 FS. History-New 8-13-78, Formerly 10F-6.09, 10F-6.009, 65B-6.009, Amended 7-1-14, Transferred to 65G-2.0071.

Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.067 FS. History-New 8-13-78, Formerly 10F-6.10, 10F-6.010, 65B-6.010, Amended 7-1-14, Transferred to 65G-2.0072.

Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.067 FS. History-New 8-13-78, Formerly 10F-6.11, 10F-6.011, 65B-6.011, Amended 7-1-14, Transferred to 65G-2.0073.

Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.067, 393.18 FS. History-New 7-31-91, Formerly 10F-6.013, 65B-6.013, Amended 7-1-14, Repealed 3-26-26.

(1) This rule applies to facilities licensed by the Agency under section 393.067, F.S., and this rule chapter. It does not apply to those facilities licensed as foster care facilities that also use live-in caregivers. (2) Definitions. (a) "Dwelling unit" means a structure or part…

Rulemaking Authority 393.501(1) FS. Law Implemented 393.067 FS. History-New 2-26-15, Repealed 3-26-26.

(1) A residential facility, that serves as the representative payee for a client, must set aside a personal needs allowance from the benefit payments or third-party benefits, or both, of the client, The facility is responsible for maintaining and administering the personal needs …

(1) "Contract" means a formal written agreement between the provider and Agency and includes Medicaid Waiver Services Agreement. (2) "Discrimination" means the unjust or prejudicial treatment of different categories of people. (3) "Fading" is the planned reduction in a client's l…

Rulemaking Authority 393.125(2) FS. Law Implemented 393.125(2) FS. History-New 12-10-91, Formerly 10F-8.028, 65B-8.028, Repealed 5-13-19.

Rulemaking Authority 393.125(2) FS. Law Implemented 393.125(2) FS. History-New 12-10-91, Formerly 10F-8.029, 65B-8.029, Repealed 5-13-19.

Rulemaking Authority 393.125(2) FS. Law Implemented 393.125(2), 120 FS. History-New 12-10-91, Amended 5-19-93, Formerly 10F-8.030, 65B-8.030, Repealed 5-13-19.

(1) TERMINATIONS AND REDUCTIONS (a) If a provider determines that he or she must terminate or reduce services the provider gives to a client, the provider shall send written notice of intent to terminate or reduce services to the client and their individual representative by cert…

(1) Service providers are prohibited from: (a) Taking any action that qualifies as illegal discrimination against any client receiving services in the receipt of those services. (b) Prejudicing the future provision of appropriate services when the client or the client's individua…

(1) Area Behavior Analyst means a behavior analyst employed by, or under contract with an area office of the Agency who holds a doctorate from an accredited university program with behavior analysis as a primary focus, is a board certified behavior analyst, has completed a disser…

All providers of behavior analysis services must either be licensed to practice in accordance with Chapter 490 or 491, F.S., or certified under a nonprofit corporation meeting the qualifications under Section 393.17(2), F.S. All providers of behavior analysis services must submit…

(1) The Agency shall provide all clients with appropriate supports and services in accordance with their support plan. Implementation of this policy, however, is subject to availability of funds. (2) Clients of the Agency shall be integrated within local communities to the greate…

Rulemaking Authority 393.0661(3) FS. Law Implemented 393.0661(3) FS. History-New 10-20-08, Repealed 11-21-10.

Rulemaking Authority 393.0661(3) FS. Law Implemented 393.0661(3) FS. History-New 10-20-08, Repealed 11-21-10.

Rulemaking Authority 393.0661(3) FS. Law Implemented 393.0661(3) FS. History-New 10-20-08, Amended 7-15-09, Repealed 11-21-10.

Rulemaking Authority 393.0661(3) FS. Law Implemented 393.0661(3) FS. History-New 10-20-08, Repealed 11-21-10.

Rulemaking Authority 393.0661(3) FS. Law Implemented 393.0661(3) FS. History-New 10-20-08, Repealed 11-21-10.

Rulemaking Authority 393.0661(3) FS. Law Implemented 393.0661(3) FS. History-New 3-7-10, Amended 9-28-11, Repealed 1-19-16.

Rulemaking Authority 393.0661(3) FS. Law Implemented 393.0661(3) FS. History-New 3-7-10, Repealed 1-19-16.

Rulemaking Authority 393.0661(3) FS. Law Implemented 393.0661(3) FS. History-New 3-7-10, Repealed 1-19-16.

Rulemaking Authority 393.0661(3) FS. Law Implemented 393.0661(3) FS. History-New 3-7-10, Repealed 1-19-16.

Rulemaking Authority 393.0661(3) FS. Law Implemented 393.0661(3) FS. History-New 3-7-10, Repealed 1-19-16.