30340453, 65G-2.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 30340453

Notice of Proposed Rule

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Agency for Persons with Disabilities

Chapter:

LICENSURE OF RESIDENTIAL FACILITIES AND ADULT DAY TRAINING PROGRAMS

Overview

RULE:

65G-2.002	License Application and Renewal Procedures
65G-2.0021	Change of Ownership
65G-2.003	Length of Licenses
65G-2.0032	Agency Monitoring and Oversight
65G-2.004	License Violations
65G-2.0041	License Violations - Disciplinary Actions
65G-2.005	License Denial, Suspension or Revocation
65G-2.006	Licensed Capacity
65G-2.007	General Facility Standards
65G-2.0071	Foster Care Facility Standards
65G-2.0072	Group Home Facility Standards
65G-2.0073	Residential Habilitation Center Standards
65G-2.0074	Adult Day Training Program Standards
65G-2.008	Staffing Requirements
65G-2.009	Resident Care and Supervision Standards
65G-2.010	Fire and Emergency Procedures
65G-2.014	Comprehensive Transitional Education Program Standards
65G-2.015	Siting
65G-2.017	Health Safety Standards for Licensed Facilities

PURPOSE:

The purpose and effect is to update the rules by removing redundant language and reorganizing the structure of the rules to allow particular subject matters to be grouped into the same rule or subsection of rule. This will add clarity to the rules and allow the repeal of Rule 65G-2.017, F.A.C., the provisions of which will be moved into Rule 65G-2.007, F.A.C., thereby reducing the number of rules. The proposed rule amendments, the development of which included workshops with input from stakeholders, will remove or mitigate unnecessary regulations, while sharpening the licensing and standards rules to ensure the health, safety, and welfare of individuals with developmental and intellectual disabilities who reside in facilities licensed by the Agency, or who participate in adult day training (ADT) programs licensed by the Agency. The proposed amendments also remove the tiered disciplinary violation classification system, replacing it with a disciplinary chart. This proposed change will better recognize the case-by-case nature of licensure cases and allow for greater consideration of mitigating and aggravating circumstances. Rule 65G-2.014, F.A.C., will be repealed because the law implemented was repealed.

SUMMARY:

Rules 65G-2.014 and 65G-2.017, F.A.C., will be repealed. Month-to-month licensing will be removed, and conditional licenses will be issued to allow licensees to correct violations when a license is renewed. A disciplinary chart is incorporated which identifies the range of penalties possible for each rule violation after consideration of situational circumstances described in rule. Licensees will be required to document that all residents have exited a vehicle during trips. Residential facilities no longer must consult a dietician each year; they must do so only when the initial menu is developed. Residential facilities must maintain a census of the residents residing in the facility. Facilities that choose to use video monitoring must save footage relating to critical incidents or investigations for 30 days. Proposed new Rule 65G-2.0021 requires notice to the Agency whenever there will be a change of ownership of a licensed entity. The proposed rules remove the prohibition against licensed facilities existing on the same parcel or from being located on more than two adjacent parcels. Metal pressurized beverage containers, food packaged in cans, glass, or other waterproof containers no longer must be stored six inches off the floor when the floor is clean, and the food container is not exposed to moisture. For ADTs, the changes reduce the required ratio of two sinks and two toilets for every 25 persons to two sinks and two toilets for every 50 persons. The proposed amendments include grammatical and technical changes. The proposed changes also update citations to rulemaking authority and law implemented and delete sunset provisions.

RULEMAKING AUTHORITY:

393.066(8), 393.0662(15), 393.067(1), 393.067(7), 393.0673(8), 393.501(1), 393.506(6) FS.

LAW:

393.0655, 393.066, 393.0662, 393.067, 393.0673, 393.13, 393.135, 393.506 FS.

PRINT PUBLISH DATE:

12/19/2025 Vol. 51/245

COMMENTS:

From 12/19/2025 To 1/9/2026 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-09533 APD Incident Reporting form APD OP 3-0006
Ref-18971 License Application Form 65G-2.002-A (December 2025)
Ref-18972 APD Incident Reporting Form OP 3-0006 (December 2025)
Ref-18973 APD Licensing Disciplinary Chart Form 0041 (December 2025)

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