The Florida Senate

408.803  Definitions.--As used in this part, the term:

(1)  "Agency" means the Agency for Health Care Administration, which is the licensing agency under this part.

(2)  "Applicant" means an individual, corporation, partnership, firm, association, or governmental entity that submits an application for a license to the agency.

(3)  "Authorizing statute" means the statute authorizing the licensed operation of a provider listed in s. 408.802 and includes chapters 112, 383, 390, 394, 395, ¹400, 440, 483, and 765.

(4)  "Certification" means certification as a Medicare or Medicaid provider of the services that require licensure, or certification pursuant to the federal Clinical Laboratory Improvement Amendment (CLIA).

(5)  "Change of ownership" means an event in which the licensee changes to a different legal entity or in which 45 percent or more of the ownership, voting shares, or controlling interest in a corporation whose shares are not publicly traded on a recognized stock exchange is transferred or assigned, including the final transfer or assignment of multiple transfers or assignments over a 2-year period that cumulatively total 45 percent or greater. A change solely in the management company or board of directors is not a change of ownership.

(6)  "Client" means any person receiving services from a provider listed in s. 408.802

(7)  "Controlling interest" means:

(a)  The applicant or licensee;

(b)  A person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the applicant or licensee; or

(c)  A person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the management company or other entity, related or unrelated, with which the applicant or licensee contracts to manage the provider.

The term does not include a voluntary board member.

(8)  "License" means any permit, registration, certificate, or license issued by the agency.

(9)  "Licensee" means an individual, corporation, partnership, firm, association, or governmental entity that is issued a permit, registration, certificate, or license by the agency. The licensee is legally responsible for all aspects of the provider operation.

(10)  "Moratorium" means a prohibition on the acceptance of new clients.

(11)  "Provider" means any activity, service, agency, or facility regulated by the agency and listed in s. 408.802

(12)  "Services that require licensure" means those services, including residential services, that require a valid license before those services may be provided in accordance with authorizing statutes and agency rules.

(13)  "Voluntary board member" means a board member of a not-for-profit corporation or organization who serves solely in a voluntary capacity, does not receive any remuneration for his or her services on the board of directors, and has no financial interest in the corporation or organization. The agency shall recognize a person as a voluntary board member following submission of a statement to the agency by the board member and the not-for-profit corporation or organization that affirms that the board member conforms to this definition. The statement affirming the status of the board member must be submitted to the agency on a form provided by the agency.

History.--s. 5, ch. 2006-192.

¹Note.--Chapter 400 was divided and parts III, V, and VII became chapter 429 pursuant to ch. 2006-197.