Florida Regulations 59A-37.011: Administrative Enforcement
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(1) GENERAL REQUIREMENTS.
(a) The provider shall cooperate with agency personnel during surveys or inspections, complaint investigations, implementation of correction plans, license application and renewal procedures, and other activities necessary to ensure compliance with chapter 429, part II, F.S., and this rule chapter.
(b) In addition to agency personnel, reasonable access to enter and inspect a licensed AFCH must be provided to any designated agent of the department, the Department of Health, the local authority with jurisdiction over fire safety, the Department of Children and Family Services, and the Human Rights Advocacy Committee. Representatives of the district long-term care ombudsman council shall be provided reasonable access pursuant to the provisions of Florida Statutes § 400.0073
(2) INSPECTIONS.
(a) The agency shall conduct a survey or inspection of an adult family-care home:
1. Prior to issuance of a license,
2. Prior to annual renewal of a license,
3. Upon receipt of an oral or written complaint of practices that threaten the health, safety, or welfare of residents,
4. At any time if the agency has reason to believe an AFCH has violated a provision of chapter 429, part II, F.S., or this rule chapter,
5. To determine if cited deficiencies or noticed violations have been corrected; and
6. To determine if an adult family care home is operating without a license.
(b) The inspection shall consist of full access to and examination of the home’s physical premises, including the buildings, grounds, and equipment, and facility and resident records.
(c) Agency personnel may interview the provider, relief person, staff and residents. Interviews shall be conducted privately.
(d) Agency personnel shall respect the private possessions of residents, providers, household members, and staff while conducting the inspection.
(e) At the time of the inspection, the provider will be orally advised of any deficiencies found by agency personnel and a time frame established for correction of the violations. The time frame for the correction of violations starts from the date of the inspection. Cited deficiencies must be observed or otherwise substantiated by agency personnel. A written statement listing the deficiencies found, the rules or statutes violated, any corrections required, and time frames for correction shall be mailed to the AFCH by the agency within 10 working days after the date of inspection.
(f) For Class I violations that present an imminent danger to the health, safety or welfare of residents, the provider must correct the violation and abate the conditions no later than 24 hours and after agency inspection, unless a different time frame has been fixed by the agency as required by Florida Statutes § 429.71 The agency shall inspect the AFCH after the 24 hour period to determine if the violations have been corrected.
(g) For deficiencies found following an initial license or license renewal survey, a follow-up survey will be conducted to determine if the deficiencies have been corrected within the required time frame.
(3) COMPLAINT INVESTIGATIONS.
(a) The agency shall investigate any complaints regarding alleged practices in an AFCH that threaten the health, safety, or welfare of residents and shall notify the provider of the nature of the complaint, the results of the investigation, and any proposed action or sanction.
(b) If a complaint pertaining to the health, safety or welfare of residents is substantiated, the license of the provider shall be subject to agency actions or sanctions as provided in chapter 429, part II, F.S., and this rule.
(c) Pursuant to Florida Statutes § 429.85:
1. The provider may not retaliate against any resident by increasing charges; decreasing services, rights or privileges; threatening to increase charges or decrease services, rights or privileges; by taking or threatening to take any action to coerce or compel the resident to leave the home or by harassing, abusing or threatening to harass or abuse a resident in any manner after the resident has filed a complaint with the agency or with the long-term care ombudsman council.
2. Any complainant, witness or staff shall not be subject to any retaliation, including restriction of access to the home or a resident, staff dismissal or harassment by a provider for filing a complaint or being interviewed about a complaint or being a witness.
(4) PLAN OF CORRECTION. For deficiencies found following a complaint investigation or other monitoring visit, the provider must provide a written plan of correction for each deficiency cited and a time frame for the correction of the deficiencies within the time frame discussed at the time of the complaint investigation or monitoring visit. The plan of correction must be returned no later than 10 working days after receipt of written notice.
(5) INFORMAL CONFERENCE. At any time after receipt of an oral or written notice of deficiencies, but prior to the expiration of the time frame for making corrections, the licensee or the agency may request a conference. The purpose of the conference is to discuss the deficiency and to provide information to the licensee or to the agency to assist the licensee in complying with the requirements of chapter 429, part II, F.S., and these rules. The request by a licensee or the agency for a conference does not extend any previously established time limit for correction.
(6) ADMINISTRATIVE SANCTIONS.
(a) If, after inspection the deficiencies have not been corrected within the time frame specified, or if the agency has not otherwise received sufficient evidence of compliance by the provider, the agency shall serve notice of administrative complaint upon the licensee in the manner provided under chapter 120, F.S., and impose one or more administrative sanctions as provided under sections 429.69 and 429.71, F.S.
(b) Notice of a license suspension or revocation shall be posted in the AFCH and visible to the public entering the home and residents.
(7) MORATORIUMS.
(a) Pursuant to Florida Statutes § 429.71, an immediate moratorium on admissions to an AFCH shall be placed on the home by the agency when it has determined that any condition or practice in the home presents a serious threat to the health, safety, or welfare of the residents.
(b) Following the imposition of the moratorium, the provider shall be provided with written confirmation of the placing of a moratorium by the agency, which notice shall be posted in the AFCH such that it is visible to the public entering the home, and shall:
1. Explain the reasons the moratorium was imposed,
2. Advise the provider how to arrange for an appraisal inspection by agency personnel to verify that corrections have been made,
3. Advise the provider of his/her right to request an administrative hearing pursuant to Florida Statutes § 120.57
(c) While the moratorium is in effect, residents who have been temporarily discharged from the AFCH to a nursing home or hospital at the time the moratorium is imposed may not be re-admitted without agency approval.
(d) Moratoriums shall not be lifted until the violations have been corrected and the agency has been assured by an appraisal inspection that there is no longer any threat to the residents’ health, safety, or welfare. The lifting of a moratorium will be confirmed by written notification.
Rulemaking Authority 429.67, 429.71, 429.73 FS. Law Implemented 429.67, 429.71, 429.85 FS. History-New 2-2-95, Formerly 10A-14.010, Amended 9-19-96, 6-6-99, Formerly 58A-14.010, 7-1-19.
Terms Used In Florida Regulations 59A-37.011
- Appraisal: A determination of property value.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) In addition to agency personnel, reasonable access to enter and inspect a licensed AFCH must be provided to any designated agent of the department, the Department of Health, the local authority with jurisdiction over fire safety, the Department of Children and Family Services, and the Human Rights Advocacy Committee. Representatives of the district long-term care ombudsman council shall be provided reasonable access pursuant to the provisions of Florida Statutes § 400.0073
(2) INSPECTIONS.
(a) The agency shall conduct a survey or inspection of an adult family-care home:
1. Prior to issuance of a license,
2. Prior to annual renewal of a license,
3. Upon receipt of an oral or written complaint of practices that threaten the health, safety, or welfare of residents,
4. At any time if the agency has reason to believe an AFCH has violated a provision of chapter 429, part II, F.S., or this rule chapter,
5. To determine if cited deficiencies or noticed violations have been corrected; and
6. To determine if an adult family care home is operating without a license.
(b) The inspection shall consist of full access to and examination of the home’s physical premises, including the buildings, grounds, and equipment, and facility and resident records.
(c) Agency personnel may interview the provider, relief person, staff and residents. Interviews shall be conducted privately.
(d) Agency personnel shall respect the private possessions of residents, providers, household members, and staff while conducting the inspection.
(e) At the time of the inspection, the provider will be orally advised of any deficiencies found by agency personnel and a time frame established for correction of the violations. The time frame for the correction of violations starts from the date of the inspection. Cited deficiencies must be observed or otherwise substantiated by agency personnel. A written statement listing the deficiencies found, the rules or statutes violated, any corrections required, and time frames for correction shall be mailed to the AFCH by the agency within 10 working days after the date of inspection.
(f) For Class I violations that present an imminent danger to the health, safety or welfare of residents, the provider must correct the violation and abate the conditions no later than 24 hours and after agency inspection, unless a different time frame has been fixed by the agency as required by Florida Statutes § 429.71 The agency shall inspect the AFCH after the 24 hour period to determine if the violations have been corrected.
(g) For deficiencies found following an initial license or license renewal survey, a follow-up survey will be conducted to determine if the deficiencies have been corrected within the required time frame.
(3) COMPLAINT INVESTIGATIONS.
(a) The agency shall investigate any complaints regarding alleged practices in an AFCH that threaten the health, safety, or welfare of residents and shall notify the provider of the nature of the complaint, the results of the investigation, and any proposed action or sanction.
(b) If a complaint pertaining to the health, safety or welfare of residents is substantiated, the license of the provider shall be subject to agency actions or sanctions as provided in chapter 429, part II, F.S., and this rule.
(c) Pursuant to Florida Statutes § 429.85:
1. The provider may not retaliate against any resident by increasing charges; decreasing services, rights or privileges; threatening to increase charges or decrease services, rights or privileges; by taking or threatening to take any action to coerce or compel the resident to leave the home or by harassing, abusing or threatening to harass or abuse a resident in any manner after the resident has filed a complaint with the agency or with the long-term care ombudsman council.
2. Any complainant, witness or staff shall not be subject to any retaliation, including restriction of access to the home or a resident, staff dismissal or harassment by a provider for filing a complaint or being interviewed about a complaint or being a witness.
(4) PLAN OF CORRECTION. For deficiencies found following a complaint investigation or other monitoring visit, the provider must provide a written plan of correction for each deficiency cited and a time frame for the correction of the deficiencies within the time frame discussed at the time of the complaint investigation or monitoring visit. The plan of correction must be returned no later than 10 working days after receipt of written notice.
(5) INFORMAL CONFERENCE. At any time after receipt of an oral or written notice of deficiencies, but prior to the expiration of the time frame for making corrections, the licensee or the agency may request a conference. The purpose of the conference is to discuss the deficiency and to provide information to the licensee or to the agency to assist the licensee in complying with the requirements of chapter 429, part II, F.S., and these rules. The request by a licensee or the agency for a conference does not extend any previously established time limit for correction.
(6) ADMINISTRATIVE SANCTIONS.
(a) If, after inspection the deficiencies have not been corrected within the time frame specified, or if the agency has not otherwise received sufficient evidence of compliance by the provider, the agency shall serve notice of administrative complaint upon the licensee in the manner provided under chapter 120, F.S., and impose one or more administrative sanctions as provided under sections 429.69 and 429.71, F.S.
(b) Notice of a license suspension or revocation shall be posted in the AFCH and visible to the public entering the home and residents.
(7) MORATORIUMS.
(a) Pursuant to Florida Statutes § 429.71, an immediate moratorium on admissions to an AFCH shall be placed on the home by the agency when it has determined that any condition or practice in the home presents a serious threat to the health, safety, or welfare of the residents.
(b) Following the imposition of the moratorium, the provider shall be provided with written confirmation of the placing of a moratorium by the agency, which notice shall be posted in the AFCH such that it is visible to the public entering the home, and shall:
1. Explain the reasons the moratorium was imposed,
2. Advise the provider how to arrange for an appraisal inspection by agency personnel to verify that corrections have been made,
3. Advise the provider of his/her right to request an administrative hearing pursuant to Florida Statutes § 120.57
(c) While the moratorium is in effect, residents who have been temporarily discharged from the AFCH to a nursing home or hospital at the time the moratorium is imposed may not be re-admitted without agency approval.
(d) Moratoriums shall not be lifted until the violations have been corrected and the agency has been assured by an appraisal inspection that there is no longer any threat to the residents’ health, safety, or welfare. The lifting of a moratorium will be confirmed by written notification.
Rulemaking Authority 429.67, 429.71, 429.73 FS. Law Implemented 429.67, 429.71, 429.85 FS. History-New 2-2-95, Formerly 10A-14.010, Amended 9-19-96, 6-6-99, Formerly 58A-14.010, 7-1-19.