Fla. Admin. Code Ann. R. 65G-2.002 - License Application and Renewal Procedures
(1) Providers
required to be licensed under section 393.067 to provide services must maintain
a valid current license issued by the Agency.
(2) Application. All applications for initial
licensure as well licensure renewal must be submitted using License Application
form 65G-2.002 -A
http://www.flrules.org/Gateway/reference.asp?No=Ref-17467
(February 2025),, which is incorporated herein by reference. A copy of this
form may be obtained by contacting the regional office. The Agency shall review
license applications in compliance with the requirements of section 120.60,
F.S.
(3) License renewals. The
licensee shall submit an application for license renewal to the Regional Office
at least 45 days prior to the expiration of the prior license. Failure to
submit a complete application at least 45 days prior to the expiration of the
prior license shall be considered a Class III violation. No fine shall be
imposed if the renewal application is received between 30 and 45 days prior to
expiration.
(4) The Agency shall
consider prior licensing sanctions against a facility licensee, applicant,
owner, or manager when reviewing whether to grant a facility a license. This
may also include consideration of whether a licensee, applicant, owner, or
manager has previously been determined guilty of operating an unlicensed
assisted living facility pursuant to Section 429.08, F.S. In making a
determination under this subsection with respect to an applicant, licensee,
owner or manager with prior sanctions, the Agency will consider the nature and
seriousness of any violation for which a sanction was imposed, the type of
sanction imposed including the amount of any applicable fine imposed, the
number of prior sanctions, compliance with any conditions or requirements of
any sanction and the length of time the facility has operated without any
violation since the most recent violation for which a sanction was imposed. In
making a determination under this subsection with respect to a licensee,
applicant, owner or manager who has been determined guilty of operating an
unlicensed assisted living facility, the Agency will consider whether the
person at any time operated the assisted living facility with a proper license
under Section 429.07, F.S., the length of time for which the facility operated
with a license, and the length of time the facility was operated with an
expired license.
(5) If the
applicant has not provided sufficient supporting information with the
application, the Agency shall require the applicant to provide additional
information regarding the applicant's qualifications for the types of residents
or participants or the level of services the applicant wishes to
serve.
(6) A license shall be valid
for the dates specified on the license but shall not exceed 1 year. A license
which has not been renewed prior to the expiration date is invalid and the
facility shall be considered unlicensed except as otherwise provided under
Section 120.60(4), F.S.
(7) A
license to operate a facility or program is not assignable and is valid only
for the applicant identified on the application, and for the premises and
purposes specified on the license.
(8) The licensee must give at least 30 days'
notice to the Regional Office in writing prior to the license's intent to close
a licensed facility or program, intent to discontinue responsibility for the
management of a licensed facility or program, or intent to sell or lease the
facility or program to another owner or operator. The applicant's failure to
provide adequate and timely notice of a facility's or program's intent to close
or the applicant's intent to sell or lease a facility or program shall be
considered during the review of future license applications by the applicant.
(a) Notice of a licensee's intent to close
that is delivered to the Agency between 20 and 30 days prior to the closure of
the facility or program shall be considered a Class III violation for each
facility resident.
(b) Notice of a
licensee's intent to close that is delivered to the Agency between 10 and 19
days prior to the closure of the facility or program shall be considered a
Class II violation for each facility resident.
(c) Notice of a facility's or program's
intent to close that is provided less than 10 days prior to the closure of the
facility or program shall be considered a Class I violation for each facility
resident.
(9) Each
facility or program owned and managed under a single corporation, firm,
partnership or association must operate under a separate and distinct
license.
(10) If applicant fails to
submit a complete application prior to the expiration of the facility's or
program's existing license, the application shall be considered an initial
application rather than a renewal application.
(11) This rule shall be reviewed, and if
necessary, renewed through the rulemaking process five years from the effective
date.
Notes
Rulemaking Authority 393.066, 393.0662, 393.067, 393.501 FS. Law Implemented 393.0655, 393.067, 393.0673, 393.13 FS.
New 7-23-14.
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