The Florida Senate

400.619  Licensure requirements.--

(1)  Each person who intends to be a provider of an adult family-care home must obtain a license from the agency before caring for a disabled adult or an aged person in the adult family-care home. Such application must be made at least 90 days before the applicant intends to operate the adult family-care home.

(2)  A person who intends to be a provider of an adult family-care home must own or rent and live in the adult family-care home that is to be licensed.

(3)  Application for a license or annual license renewal to operate an adult family-care home must be made on a form provided by the agency and must be accompanied by a licensing fee of $100 per year to offset the cost of training and education programs by the Department of Elderly Affairs for providers.

(4)  Upon receipt of a license application and the fee, the agency must check with the abuse registry and the Department of Law Enforcement concerning the adult family-care home applicant, all adult household members, and all staff members. The agency shall also conduct an onsite visit to the home that is to be licensed.

(5)  Access to a licensed adult family-care home must be provided at reasonable times for the appropriate officials of the department, the ¹Department of Health and Rehabilitative Services, the agency, and the State Fire Marshal, who are responsible for the development and maintenance of fire, health, sanitary, and safety standards, to inspect the facility to assure compliance with these standards. In addition, access to a licensed adult family-care home must be provided at reasonable times for the long-term care ombudsman council.

(6)  A license is effective for 1 year after the date of issuance unless revoked sooner. Each license must state the name of the provider, the address of the home to which the license applies, and the maximum number of residents of the home. A license may be issued with or without restrictions governing the residents or care offered in the adult family-care home.

(7)  A license is not transferable or applicable to any location or person other than the location or person indicated on the application for licensure.

(8)  The licensed maximum capacity of each adult family-care home is based on the service needs of the residents and the capability of the provider to meet the needs of the residents. Any relative who lives in the adult family-care home and who is an aged person or a disabled adult must be included in that limitation.

(9)  Each adult family-care home must designate at least one licensed space for a resident receiving optional state supplementation as defined in s. 409.212. The ¹Department of Health and Rehabilitative Services shall specify by rule the procedures to be followed for referring residents who receive optional state supplementation to adult family-care homes. Those homes licensed as adult foster homes or assisted living facilities prior to January 1, 1994, that convert to adult family-care homes, are exempt from the requirement of designating one space for a resident receiving optional state supplementation.

(10)  The agency may issue a conditional license to a provider for the purpose of bringing the adult family-care home into compliance with licensure requirements. A conditional license must be limited to a specific period, not exceeding 6 months, as determined by the department, in consultation with the agency. The department shall, by rule, establish criteria for conditional licenses.

(11)  The agency may deny, suspend, or revoke a license for any of the following reasons:

(a)  A confirmed report, obtained under s. 415.1075, of abuse, neglect, or exploitation, or conviction of a crime related to abuse, neglect, or exploitation.

(b)  A proposed confirmed report that remains unserved and is maintained in the central abuse registry and tracking system pursuant to s. 415.1065(2)(c).

(c)  An intentional or negligent act materially affecting the health, safety, or welfare of the adult family-care home residents.

(d)  A violation of ss. 400.616-400.629 or rules adopted under ss. 400.616-400.629, including the failure to comply with any restrictions specified in the license.

(e)  Submission of fraudulent or inaccurate information to the agency.

(f)  Conviction of a felony involving violence to a person.

(g)  Failure to pay a civil penalty assessed under this part.

(12)  All moneys collected under this section must be deposited into the Department of Elderly Affairs Administrative Trust Fund and must be used to offset the expenses of departmental training and education for adult family-care home providers.

(13)  The department shall adopt rules to implement this section.

History.--ss. 1, 2, ch. 85-195; s. 38, ch. 87-225; s. 4, ch. 91-429; s. 5, ch. 93-209; s. 23, ch. 95-210; ss. 62, 130, ch. 95-418.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.