The Florida Senate

397.403  License application.--

(1)  Applicants for a license under this chapter must apply to the department on forms provided by the department and in accordance with rules adopted by the department. Applications must include at a minimum:

(a)  Information establishing the name and address of the applicant service provider and its director, and also of each member, owner, officer, and shareholder, if any.

(b)  Information establishing the competency and ability of the applicant service provider and its director to carry out the requirements of this chapter.

(c)  Proof satisfactory to the department of the applicant service provider's financial ability and organizational capability to operate in accordance with this chapter.

(d)  Proof of liability insurance coverage in amounts set by the department by rule.

(e)  Sufficient information to conduct background screening as provided in s. 397.451

1.  If the results of the background screening indicate that any owner, director, or chief financial officer has been found guilty of, regardless of adjudication, or has entered a plea of nolo contendere or guilty to any offense prohibited under the screening standard, a license may not be issued to the applicant service provider unless an exemption from disqualification has been granted by the department as set forth in chapter 435. The owner, director, or manager has 90 days within which to obtain the required exemption, during which time the applicant's license remains in effect.

2.  If any owner, director, or chief financial officer is arrested or found guilty of, regardless of adjudication, or has entered a plea of nolo contendere or guilty to any offense prohibited under the screening standard while acting in that capacity, the provider shall immediately remove the person from that position and shall notify the department within 2 days after such removal, excluding weekends and holidays. Failure to remove the owner, director, or manager will result in revocation of the provider's license.

(f)  Proof of satisfactory fire, safety, and health inspections, and compliance with local zoning ordinances. Service providers operating under a regular annual license shall have 18 months from the expiration date of their regular license within which to meet local zoning requirements. Applicants for a new license must demonstrate proof of compliance with zoning requirements prior to the department issuing a probationary license.

(g)  A comprehensive outline of the proposed services for:

1.  Any new applicant; or

2.  Any licensed service provider adding a new licensable service component.

(2)  The burden of proof with respect to any requirement for application for licensure as a service provider under this chapter is on the applicant.

(3)  The department shall accept proof of accreditation by CARF--the Rehabilitation Accreditation Commission or the Joint Commission on Accreditation of Health Care Organizations (JCAHCO), or through any other nationally recognized certification process that is acceptable to the department and meets the minimum licensure requirements under this chapter, in lieu of requiring the applicant to submit the information required by paragraphs (1)(a)-(c).

History.--s. 3, ch. 93-39; s. 5, ch. 2001-171; s. 6, ch. 2001-191; s. 2, ch. 2002-196.