The Florida Senate

400.805  Transitional living facilities.--

(1)  As used in this section, the term:

(a)  "Agency" means the Agency for Health Care Administration.

(b)  "Division" means the Division of Vocational Rehabilitation of the Department of Labor and Employment Security.

(c)  "Transitional living facility" means a site where specialized health care services are provided, including, but not limited to, rehabilitative services, community reentry training, aids for independent living, and counseling to spinal-cord-injured persons and head-injured persons. This term does not include a hospital licensed under chapter 395 or any federally operated hospital or facility.

(2)

(a)  A person must obtain a license from the agency to operate a transitional living facility. A license issued under this section is valid for 1 year.

(b)  The application for a license must be made on a form provided by the agency. A nonrefundable license fee of $2,000 and a fee of up to $39.25 per bed must be submitted with the license application.

(c)  The agency may not issue a license to an applicant until the agency receives notice from the division as provided in paragraph (5)(b).

(3)  An application for renewal of license must be submitted 90 days before the expiration of the license.

(4)  A change of ownership or control of a transitional living facility must be reported to the agency in writing at least 60 days before the change is scheduled to take effect.

(5)

(a)  The agency shall adopt rules in consultation with the division governing the physical plant of transitional living facilities and the fiscal management of transitional living facilities.

(b)  The division shall adopt rules in consultation with the agency governing the services provided to clients of transitional living facilities. The division shall enforce all requirements for providing services to the facility's clients. The division must notify the agency when it determines that an applicant for licensure meets the service requirements adopted by the division.

(c)  The agency and the division shall enforce requirements under this section, as such requirements relate to them respectively, and their respective adopted rules.

(6)

(a)  It is unlawful for any person to establish, conduct, manage, or operate a transitional living facility without obtaining a license from the agency.

(b)  It is unlawful for any person to offer or advertise to the public, in any medium whatever, services or care defined in paragraph (1)(c) without obtaining a license from the agency.

(c)  It is unlawful for a holder of a license issued under this section to advertise or represent to the public that it holds a license for a type of facility other than the facility for which its license is issued.

(7)

(a)  A violation of any provision of this section or rules adopted by the agency or division under this section is punishable by payment of an administrative or a civil penalty fine not to exceed $5,000.

(b)  A violation of subsection (6) or rules adopted under that subsection is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Each day of a continuing violation is a separate offense.

History.--s. 36, ch. 93-217.