The Florida Senate

400.411  Initial application for license; provisional license.--

(1)  Application for license shall be made to the agency on forms furnished by it and shall be accompanied by the appropriate license fee. The application shall contain sufficient information, as required by rules of the department, to establish that the applicant can provide adequate care.

(2)  The application shall be under oath and shall contain the following:

(a)  The name, address, date of birth, and social security number of the applicant and the name by which the facility is to be known. Pursuant thereto:

1.  If the applicant is a firm, partnership, or association, the application shall contain the name, address, date of birth, and social security number of every member thereof.

2.  If the applicant is a corporation, the application shall contain its name and address, the name, address, date of birth, and social security number of each of its directors and officers, and the name and address of each person having at least a 10-percent interest in the corporation.

(b)  The name and address of any professional service, firm, association, partnership, or corporation that is to provide goods, leases, or services to the facility for which the application is made, if a 10-percent or greater interest in the service, firm, association, partnership, or corporation is owned by a person whose name must be listed on the application under paragraph (a).

(c)  Information that provides a source to establish the suitable character, financial stability, and competency of the applicant and of each person specified in the application under subparagraph (a)1. or subparagraph (a)2. who has at least a 10-percent interest in the firm, partnership, association, or corporation and, if applicable, of the administrator, including the name and address of any long-term care facility with which the applicant or administrator has been affiliated through ownership or employment within 5 years of the date of the application for a license; and a signed affidavit disclosing any financial or ownership interest that the applicant, or any principal, partner, or shareholder thereof, holds or has held within the last 5 years in any other facility licensed under this part, or in any other entity licensed by the state or another state to provide health or residential care, which facility or entity closed or ceased to operate as a result of financial problems.

(d)  The names and addresses of other persons of whom the agency may inquire as to the character and reputation of the applicant and, if applicable, of the administrator.

(e)  The names and addresses of other persons of whom the agency may inquire as to the financial responsibility of the applicant.

(f)  Identification of all other homes or facilities, including the addresses and the license or licenses under which they operate, if applicable, which are operated by the applicant and which provide housing, meals, and personal services to adults.

(g)  Such other reasonable information as may be required by the agency to evaluate the ability of the applicant to meet the responsibilities entailed under this part.

(h)  The location of the facility for which a license is sought and documentation, signed by the appropriate local government official, which states that the applicant has met local zoning requirements.

(i)  The name, address, date of birth, social security number, education, and experience of the administrator.

(3)  The applicant shall furnish satisfactory proof of financial ability to operate and conduct the facility in accordance with the requirements of this part. An applicant applying for an initial license shall submit a balance sheet setting forth the assets and liabilities of the owner and a statement projecting revenues, expenses, taxes, extraordinary items, and other credits or charges for the first 12 months of operation of the facility.

(4)  If the applicant offers continuing care agreements, as defined in chapter 651, proof shall be furnished that the applicant has obtained a certificate of authority as required for operation under that chapter.

(5)  The applicant shall provide proof of liability insurance.

(6)  The requirements specified in chapter 419 shall apply to community residential homes zoned single-family or multifamily.

(7)  The applicant must provide the agency with proof of legal right to occupy the property. This proof may include, but is not limited to, copies of recorded warranty deeds, or copies of lease or rental agreements, contracts for deeds, quitclaim deeds, or other such documentation.

(8)  The applicant must furnish proof that the facility has received a satisfactory firesafety inspection. The local fire marshal or other authority having jurisdiction must conduct the inspection within 30 days after the written request by the applicant. If an authority having jurisdiction does not have a certified firesafety inspector, the State Fire Marshal shall conduct the inspection.

(9)  A provisional license may be issued to an applicant making initial application for licensure or making application for a change of ownership. A provisional license shall be limited in duration to a specific period of time not to exceed 6 months, as determined by the agency.

(10)  No county or municipality shall issue an occupational license which is being obtained for the purpose of operating a facility regulated under this part without first ascertaining that the applicant has been licensed to operate such facility at the specified location or locations by the agency. The agency shall furnish to local agencies responsible for issuing occupational licenses sufficient instruction for making the above-required determinations.

History.--s. 7, ch. 75-233; s. 3, ch. 77-323; ss. 12, 17, ch. 80-198; s. 2, ch. 81-318; ss. 7, 19, ch. 82-148; ss. 44, 47, 79, 83, ch. 83-181; s. 5, ch. 85-145; s. 1, ch. 85-251; s. 6, ch. 87-371; s. 12, ch. 89-294; s. 7, ch. 91-263; ss. 6, 38, 39, ch. 93-216; s. 5, ch. 95-418.