Fla. Admin. Code Ann. R. 65D-30.0034 - Change in Status of License

(1) Changing the Status of Licenses. Changes to a provider's license shall be permitted under the following circumstances:

(a) If adding a new component to an existing licensed site, the Department will issue an amended license which shall indicate a probationary status for the specific location and component. Once the provider has satisfied the requirements for a regular status, the Department shall reissue a license to reflect the newly added component.

(b) Once the provider has satisfied the requirements of a regular status for that specific site, the Department will reissue a license to reflect a regular status for that location.

(c) A provider's current license shall be amended when a component at a specific site is discontinued. In such cases, the provider shall destroy its current license only after receipt of an amended license.

(d) Whenever there is a change in a provider's licensed bed capacity, the provider shall notify the Department within 24 hours of the change. The Department shall issue an amended license.

(e) When there is a change in a provider's status regarding accreditation, the provider shall notify the Department in writing within two business days of such change.

(f) Any change in the name of a facility that remains under the same ownership and management shall be submitted in writing to the Department within 30 days prior to the effective date of the change. Upon receipt of the notification, the Department will issue a replacement license listing the correct facility name.

(2) License Non-transferable. In addition to Section 397.407(6), F.S., an acquisition of a majority of ownership shall require the submission of a new application for each site affected. A change in ownership of less than a majority of the ownership interest in a licensed entity only requires submittal of a Level 2 background check. All owners shall be screened according to the level 2 screening requirements of Chapter 435, F.S.

(a) Licenses are not transferable:

1. Where an individual, a legal entity or an organizational entity, acquires an already licensed provider or site as described herein; or

2. Where a provider relocates or the address where services are rendered changes.

(b) Submitting Applications. A completed "Application for Licensing to Provide Substance Abuse Treatment Services," CF-MH Form 4024, incorporated by reference in Rule 65D-30.0036, F.A.C., shall be submitted to the Department at least 30 days prior to acquisition or relocation. In lieu of the paper "Application for Licensure to Provide Substance Use Services," the applicant may complete an on-line process through the Department's statewide electronic system specific to licensure, which can be accessed at http://www.myflfamilies.com/service-programs/substance-abuse/licensure-regulation.

1. Acquisition. An entity shall submit an Application for Licensing to Provide Substance Abuse Treatment Services to the Department 30 days prior to a change in controlling ownership as defined in this rule of the licensed provider or of the contractual management entity. Failure to register the provider and submit an application 30 days prior to a change will result in the invalidation of the provider's license or site, provided that the change in ownership occurs, effective the date of the action changing the control of ownership or management. In addition to the application, online application or CF-MH Form 4024, the applicant shall be required to submit all items as required in Rule 65D-30.0036, F.A.C. When the application is considered complete, the Department shall issue a probationary license.

2. Relocation. In addition to an Application for Licensing to Provide Substance Abuse Treatment Services, if there is no change in the provider's services, the provider shall only be required to provide proof of general liability insurance coverage and compliance with local fire and safety standards established by the State Fire Marshal, health codes, appropriate zoning, and occupational license. If there is a change in the provider's services, the provider shall be required to submit all items as required in Rule 65D-30.0036, F.A.C. In this latter case, when the Department determines the application to be complete, the Department shall issue a probationary license. A regular license will not be issued if relocating during a probationary period, and the applicant must re-apply.

3. Temporary Relocation. A provider may temporarily relocate services when an evacuation is necessary in order to protect the health, safety, and welfare of individual's being served.

a. Information on the emergency circumstances requiring temporary relocation of services and options to transfer individuals to another provider shall be made available to individuals in treatment, prior to any emergency action taken by the provider, and acknowledgement of the information shall be documented in the clinical record. The provider shall discharge individuals who can be safely discharged.

b. The provider must notify the Department by phone or electronic mail within two business days of relocation.

c. If the temporary relocation exceeds 30 business days, prior approval is required by Department. The provider shall submit a written request to the Department, including justification for the temporary relocation, the beginning and ending dates of the temporary relocation, and a plan for the transfer of any individuals to other providers. The regional office shall approve written requests containing the required information. The regional office shall send a written approval or denial to the provider.

d. During temporary relocation, a provider must deliver or arrange for appropriate care and services to all individuals.

Notes

Fla. Admin. Code Ann. R. 65D-30.0034

Rulemaking Authority 397.321(5) FS. Law Implemented 397.321(6), 397.403, 397.407, 397.410 FS.

Adopted by Florida Register Volume 45, Number 157, August 13, 2019 effective 8/29/2019, Amended by Florida Register Volume 50, Number 197, October 8, 2024 effective 10/20/2024.

New 8-29-19.