29720720, 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: 29720720

Notice of Development of Rulemaking

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Agency for Persons with Disabilities

Chapter:

LICENSURE OF RESIDENTIAL FACILITIES

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 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 Agency for Persons with Disabilities (APD) proposes to update Rule Chapter 65G-2, Florida Administrative Code (F.A.C.), which governs licensure of APD-licensed Residential Facilities and Adult Day Training (ADT) Facilities. These proposed changes are a result of direct feedback and data analysis related to incidents that have occurred in these facilities. This effort strives to accomplish several guiding principles including greater clarification and alignment for the provider community as well as enhanced agility and streamlining to ensure appropriate levels of accountability. The modifications will ensure rule language empowers optimal health and safety outcomes for the individuals served through APD licensed facilities. The proposed rule amendments streamline the length and type of licenses available to be issued. First, the Standard License lengths are 1 year for Residential Licenses and 3 years for ADT Licenses. Second, the rules combine pending administrative action one month and deficiency three-month licenses into one license type. The proposed rule amendments create Provisional Licenses to replace the one-month and three-month license for a license that is pending renewal, but which has an issue affecting the approval timeframe, such as a pending administrative action/investigation, or correction of deficiencies, if applicable. The proposed rule amendments also create Conditional Licenses, which is a license with additional conditions, placed due to conditions of the facility or its operation, that must be maintained throughout the length of the license to ensure resident health and safety. The proposed rule amendments also impose clear consequences and timelines for deficiencies noted during the relicensing renewal process. A specific type of provisional license is dedicated for this purpose and cannot be issued for more than 6 months. The proposed rules establish a disciplinary chart aligning with leading practices identified through research and development, clearly identifying penalties for certain types of violations. These proposed changes will include additional types of required reportable incidents to adjust to current environmental threats and trend analysis. Examples include: reporting of suspected or known cases of human trafficking, clients left in vehicles unattended, voluntary commitment to mental health services, and injuries sustained by caregivers in the course of service delivery. The proposed rule amendments clarify timeframes responsible parties for initial incident reporting and expectations for incident follow-up. The proposed rules also establish minimum standards for protocols related to providers accused of verified findings of abuse, neglect, and exploitation. The proposed rule amendments include additional changes specifically for licensed residential provides: Requires licensees to receive prior approval prior to accepting new residents; Clarifies requirements in reporting timeframes for changes on a current resident census depending on circumstance; Increases requirements for safeguards for residents who have sexually aggressive behaviors; Changes to video monitoring preserving individual rights and privacy, specifying video retention requirements, with considerations for fiscal impacts to businesses.

SUBJECT:

License Application and Renewal Procedures, Creation of Provisional and Conditional License types, Change of Ownership, Length of Licenses, Agency Monitoring and Oversight, License Violations – Non-Disciplinary Actions, License Violations – Disciplinary Actions, creation of a Disciplinary Chart in lieu of violation classes, Updated incident management form, License Denial, Suspension or Revocation, Licensed Residential Facility Capacity, General Residential Facility Standards, Foster Care Facility Standards, Group Home Facility Standards, Residential Habilitation Center Standards, Adult Day Training Program Standards, Staffing Requirements for Residential Facilities, Resident Care and Supervision Standards, Fire and Emergency Procedures, repeal of the obsolete Comprehensive Transitional Education Program Standards, Siting, and repealing the Health Safety Standards for Licensed Facilities rule and transferring its provisions to other rules.

RULEMAKING AUTHORITY:

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

LAW:

393.0655, 393.066, 393.0662, 393.067, 393.0673, 393.13, 393.135, 393.18, 393.501, 393.506, F.S.

PRINT PUBLISH DATE:

6/27/2025 Vol. 51/125

RELATED STATUTES
AND LAWS:

393.066(8), 393.0662(15), 393.067(1), 393.067(7), 393.0673(8), 393.501(1), 393.506(6), F.S., 393.0655, 393.066, 393.0662, 393.067, 393.0673, 393.13, 393.135, 393.18, 393.501, 393.506, F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=65G-2.002&PDate=6/27/2025&Section=1

REFERENCE MATERIALS:

No reference(s).

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