Florida Administrative Code

(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 History-New 7-31-91, Formerly 10F-6.013, 65B-6.013, Amended 7-1-14, Repealed 3-26-26.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 History-New 2-26-15, Repealed 3-26-26.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.

Rulemaking Authority 393.13(4)(g)3., 393.17 FS. Law Implemented 393.13, 393.17 FS. History-New 9-23-96, Formerly 10F-4.024, 65B-4.024, Repealed 4-4-12.

Rulemaking Authority 393.13(4)(g)3., 393.17 FS. Law Implemented 393.13, 393.17 FS. History-New 9-23-96, Formerly 10F-4.025, 65B-4.025, Repealed 4-4-12.

Rulemaking Authority 393.13(4)(g)3., 393.17 FS. Law Implemented 393.13, 393.17 FS. History-New 9-23-96, Formerly 10F-4.026, 65B-4.026, Repealed 4-4-12.

Rulemaking Authority 393.13(4)(g)3., 393.17 FS. Law Implemented 393.13, 393.17 FS. History-New 9-23-96, Formerly 10F-4.027, 65B-4.028, Repealed 4-4-12.

Rulemaking Authority 393.13(4)(g)3., 393.17 FS. Law Implemented 393.17 FS. History-New 9-23-96, Formerly 10F-4.028, 65B-4.027, Repealed 4-4-12.

(1) The Agency will establish and maintain a behavioral services program including a senior clinician, the Agency Senior Behavior Analyst (ASBA), to assume direction for standards of behavioral practice as provided in this chapter, develop and manage systems of quality, utilizati…

(1) Providers of behavior analysis services shall provide services only as certified and as provided by law. (2) All aspects of behavior analysis services shall be integrated with other relevant services and supports being provided to the client by the provider within the scope o…

(1) All written plans describing behavior analysis services consistent with subsection 65G-4.009(10), F.A.C., shall be submitted to the local review committee chairperson within five working days following implementation. (2) All behavior analysis services designed to include res…

(1) When a defendant convicted of a capital felony is suspected of having or determined to have intellectual disability, intelligence tests to determine intellectual functioning as specified below shall be administered by a qualified professional who is authorized in accordance w…

(1) For the purposes of Chapters 393 and 916, F.S., the Stanford-Binet Intelligence Scale or the Wechsler Adult & Infant Intelligence Scale, administered by or under the direct supervision of a psychologist or school psychologist licensed under Chapter 490, F.S., shall be used to…

(1) Autism means a condition which meets the requirements of Section 393.063, F.S., that the condition is: (a) Pervasive, meaning always present and without interruption; (b) Neurologically based, meaning that the condition is not the result of physical impairment; (c) A developm…

In order to be determined eligible for agency services the applicant must: (1) Be at least three years of age. (2) Be a resident of and domiciled in the state of Florida in accordance with Sections 222.17(1) and (2), F.S. Domicile may not be established in Florida by a minor who …

(1) Application for Services from the Agency may be made by submitting an application by hand delivery, U.S. Postal Service, or facsimile to the Agency. The Application for Services may also be submitted through the Agency's online portal which can be found on the Agency's websit…

(1) Establishing Eligibility - Autism. A diagnosis of autism, as defined by Rule 65G-4.014, F.A.C., may only be made by one or more of the following who has specific training and experience in making such diagnosis: (a) A Florida-licensed psychiatrist; (b) A Florida-licensed psyc…

Rulemaking Authority 393.501(1), 393.0662 FS. Law Implemented 393.0662 FS. History-New 10-2-13, Repealed 1-19-16.

Rulemaking Authority 393.501(1), 393.0662 FS. Law Implemented 393.0662 FS. History-New 10-2-13, Repealed 1-19-16.

Rulemaking Authority 393.501(1), 393.0662 FS. Law Implemented 393.0662 FS. History-New 10-2-13, Repealed 1-19-16.