The Florida Senate

397.409  Probationary, regular, and interim licenses; issuance and renewal.--

(1)  The department may issue probationary, regular, and interim licenses. The department shall issue one license to each facility operated by a service provider. The license must state the specific service components to be provided. A license issued to a residential facility must stipulate the maximum bed capacity of the facility at the time of licensure, and must be amended if there is a change in bed capacity, as specified by rule. The licensed service provider shall apply for a new license at least 30 days prior to the relocation of any of its facilities or licensable service components; failure to apply for a new license may result in denial of a license. Probationary and regular licenses may be issued only after all required information has been submitted. A license may not be transferred and is valid only for the premises for which it is originally issued. As used in this subsection, "transfer" includes, but is not limited to, transfer of a majority of the ownership interest in the license or transfer of responsibilities under the license to another entity by contractual arrangement.

(2)  A probationary license may be issued to a service provider applicant in the initial stages of developing services which are not yet fully operational upon completion of all application requirements itemized in s. 397.403(1)(a)-(g) and upon demonstration of the applicant's ability to comply with all applicable statutory and regulatory requirements. A probationary license expires 90 days after issuance and may be reissued once for an additional 90-day period if the applicant has substantially complied with all requirements for regular licensure or has initiated action to satisfy all requirements. During the probationary period the department must monitor the delivery of services. The holder of a probationary license may be ordered to cease and desist operations at any time it is found to be substantially out of compliance with licensure standards.

(3)  A regular license may be issued:

(a)  To a new applicant at the end of the probationary period.

(b)  To a regularly licensed applicant seeking renewal.

(c)  To a facility operating under an interim license that successfully satisfies the requirements for a regular license.

In order to be issued a regular license, the applicant must be in compliance with statutory and regulatory requirements. Standards and timeframes for issuance of regular licenses must be established by rule. An application for renewal of a regular license must be submitted to the department 60 days before the license expires.

(4)  The department may issue an interim license to a service provider for a period established by the department which does not exceed 90 days, if the department finds that:

(a)  A facility or service component of the service provider is in substantial noncompliance with licensure standards;

(b)  The service provider has failed to provide satisfactory proof of conformance to fire, safety, or health requirements; or

(c)  The service provider is involved in license suspension or revocation proceedings.

An interim license applies only to the licensable service component of the provider's services which is in substantial noncompliance with statutory or regulatory requirements. An interim license expires 90 days after it is issued; it may be reissued once for an additional 90-day period in a case of extreme hardship in which the noncompliance is not caused by the licensed service provider. If the service provider is appealing the final disposition of license suspension or revocation proceedings, the court before which the appeal is taken may order the extension of the interim license for a period of time specified in the order.

(5)  A separate license is required for each facility maintained on separate premises, even though the facility is operated under the same management. However, a separate license is not required for separate buildings on the same grounds.

(6)  The license must be displayed in a conspicuous place inside the facility.

History.--s. 3, ch. 93-39.