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Terms Used In Florida Statutes 296.45

  • Contractor: means an entity responsible for the day-to-day operations of an adult day health care facility or adult day care center as prescribed by Florida Statutes 296.44
  • Department: means the Department of Veterans' Affairs. See Florida Statutes 296.44
  • Director: means the executive director of the department. See Florida Statutes 296.44
  • Operator: means the person designated to have and who has the general administrative charge of an adult day health care facility or adult day care center. See Florida Statutes 296.44
  • Participant: means an eligible veteran recipient of basic services or of supportive and optional services provided by an adult day health care facility or adult day care center. See Florida Statutes 296.44
  • Program: means a licensed facility operated by the department under part III of chapter 429. See Florida Statutes 296.44

(1) The director shall appoint an operator who shall be responsible for the overall operation of the program and the care of the participant or designate a contractor to perform the same duties.
(2) The operator shall determine the eligibility of applicants for admission to the program in accordance with provisions of this part and, together with the director, shall adopt rules necessary for the proper administration of the program, including rules for the preservation of order and enforcement of discipline in the program. Rules governing the program shall conform as nearly as possible to the rules and regulations for comparable facilities of the United States Department of Veterans Affairs.
(3) The operator position shall be assigned to the Selected Exempt Service under part V of chapter 110 unless the operation of the program is assigned to a contractor. The director shall give veterans’ preference in selecting an operator, as provided in ss. 295.07 and 295.085 if the operation of the program is not assigned to a contractor.
(4) Employees who fill authorized and established positions appropriated for the program shall be state employees unless the operation of the program is assigned to a contractor. The department shall classify such employees in the manner prescribed in chapter 110.
(5) The operator shall administer and enforce all rules of the program, including rules of discipline, and may dismiss a participant in the program for an infraction of the rules, subject to the approval of the director.