(1) Facility name and identification.
    (a) No residential facility may be referred to or use names such as “”nursing facility”” or “”rest facility”” unless it is a nursing facility licensed under Florida Statutes Chapter 400
    (b) No residential facility may use the word “”school”” in its name unless there is a state or county certified educational program operated within the facility.
    (c) No residential facility may erect any exterior sign which would label the residents or functions of the facility by indicating that the facility serves persons with developmental disabilities.
    (d) A violation of this subsection shall constitute a Class III violation.
    (2) Facility and site requirements.
    (a) Ramps, doors, corridors, toileting and bathing facilities, furnishings, and equipment shall be designed to accommodate resident needs and disabilities.
    (b) Those facilities serving residents with physical impairments may not have architectural barriers that prevent the resident’s participation in everyday facility activities.
    (c) Each public utility customer who requires medically essential service is solely responsible for any backup equipment or power supply and a planned course of action in the event of a power outage or interruption of service in accordance with Florida Statutes § 366.15
    (d) Mobile homes or manufactured homes, as described in Florida Statutes § 320.01(2), may not be used for foster care facilities, group home facilities, or residential habilitation centers.
    (e) The facility shall provide safe and sanitary housing. Floors, walls, ceilings, windows, doors, and all parts of the structures shall be of sound construction, properly maintained or in working order, and kept clean as necessary to ensure the health and safety of the facility’s residents.
    (f) All interior doors with locks shall be readily opened from the inside of the room.
    (g) Exterior doors may utilize delayed egress systems provided such systems meet all of the following conditions:
    1. Egress is prevented for a maximum of 30 seconds,
    2. Approval of the system by the local authority having jurisdiction over fire safety or the State Fire Marshall,
    3. Locks are automatically disengaged in the event of a fire, power outage, or activation of the fire alarm.
    (h) A violation of this subsection shall constitute a Class II violation.
    (3) Living and dining areas.
    (a) A minimum of 35 square feet of combined living and dining area shall be provided per household member.
    (b) The living area shall be provided with an adequate number of appropriate furnishings for the usual functions of daily living. These furnishings shall be sturdily constructed and of satisfactory design to meet the daily needs of household members.
    (c) The dining area furnishings shall be adequate in number, well-constructed and of satisfactory design to meet the daily needs of household members.
    (d) Facilities shall not charge residents an additional fee for television or internet services provided in a common area.
    (e) A violation of this subsection shall constitute a Class III violation.
    (4) Kitchen.
    (a) The kitchen shall be large enough to accommodate the equipment and personnel needed to prepare and properly serve the required number of meals.
    (b) The kitchen shall have equipment, utensils, and supplies to properly store, prepare and serve the required number of meals. Chipped, cracked and otherwise unsafe utensils or dishware shall not be used. The kitchen shall have sufficient supplies of dish soap, paper towels, napkins, etc. supplied and paid for by the facility.
    (c) A violation of this subsection shall constitute a Class III violation.
    (5) Bedrooms.
    (a) Bedrooms shall be arranged so that resident privacy is assured. Bedroom doors shall not have vision panels except as may be necessary for residents who require visual supervision due to documented behavioral or medical issues. Direct access to a resident’s bedroom from a common area is required. Sole access to a resident’s bedroom shall not be through a bathroom or other bedroom.
    (b) For facilities licensed prior to the date of this rule revision, a maximum of four residents are allowed to share a bedroom. Facilities receiving an initial license after the date of this rule revision are allowed to have a maximum of two residents sharing a bedroom.
    (c) Single bedrooms for residents shall provide at least 80 square feet of usable floor space. Multi-occupancy bedrooms used by residents shall provide at least 60 square feet per person of usable floor space. Usable floor space shall include only those areas with vertical wall heights of five feet or more and does not include closet areas.
    (d) Bedroom arrangements shall be compatible with the physical needs of the residents. Beds for residents shall be located so as to avoid drafts from windows and excessive heat from heat sources.
    (e) Dresser drawers, a wardrobe, or an enclosed closet space adequate to store the belongings of each resident shall be provided commensurate with any physical or behavioral limitations of the resident. Additional storage space shall be available elsewhere in the facility to accommodate residents’ luggage and large or seldom used personal belongings. Captain-style beds with drawers installed as part of the bed frame may be substituted or used as dresser drawers.
    (f) Each resident shall have an individual bed. Futons, hammocks, and sleeper sofas shall not be used as permanent bedding. Each resident’s bed shall have a clean, firm, comfortable mattress which is free from fabric tears, holes, odors, loose springs, and noticeable sagging. Beds shall be of suitable dimensions to accommodate residents who are using them. Bunk beds shall not be used unless appropriate to the functioning level of the residents. If residents use bunk beds, they must be safe and sturdy and not be higher than two tiers. Residents who are not able to climb safely into or out of the top tier without staff assistance shall not be permitted to sleep in the upper tier.
    (g) The facility shall offer bedding and linens for each resident. These shall include a suitable pillow, pillowcase, sheets, blanket, and a bedspread or comforter which shall all be clean and in good condition. A mattress cover or waterproof sheet shall be provided if needed by the resident due to allergies, incontinence, or other medical or physical reasons. Bedding shall be appropriate to the season. Bed linens shall be replaced with clean linens at least once each week, or more frequently as required. Residents shall not be permitted to sleep or rest on soiled beds and bed pillows. A resident may choose to purchase their own bedding and linens in order to personalize his or her bedroom. Bedding and linens purchased by the licensee must be available to accommodate the licensed capacity of the home.
    (h) Bedroom furnishings for residents shall include adequate shelf space, individual chest or dresser space, draperies or shades commensurate with any physical or behavioral limitations of the resident. Window coverings, including draperies or shades, are not required for skylight windows.
    (i) Each resident shall be allowed to decorate his or her private quarters in an individual style that will respect the care of the property and other residents who may share the bedroom.
    (j) A violation of this subsection shall constitute a Class III violation.
    (6) Bathrooms.
    (a) There shall be at least one toilet, lavatory, and tub or shower, accessible and available for resident use for every three residents in facilities licensed after the effective date of this rule revision. Facilities licensed prior to the effective date of this rule revision, and continuously thereafter shall have no less than one toilet and lavatory for every six residents, and one shower for every eight residents.
    (b) Sole access to a resident’s bathroom shall not be through another household member’s bedroom.
    (c) Toilets, tubs and showers used by household members shall provide for individual privacy. A violation of this paragraph shall constitute a Class II violation.
    (d) Each resident shall be provided a separate and appropriate place for his/her own toothbrush, towel, and other personal care items.
    (e) Bathrooms shall be well ventilated by natural or mechanical methods.
    (f) Toilet and bathing area fixtures shall be in good condition and approximate normal patterns found in residential construction, except where special requirements are applicable for residents with physical impairments or for special needs.
    (g) The bathroom shall have sufficient supplies of toiletry items such as shampoo, toothpaste, soap, and toilet paper to accommodate resident needs. A resident may choose to purchase his or her own toiletry items based on his or her personal preference. Each client shall be provided a separate and appropriate place for the resident’s own toothbrush and towel.
    (h) With the exception of paragraph (c), a violation of this subsection shall constitute a Class III violation.
    (7) Laundry.
    (a) Laundry services, including clothes washing and drying, shall be provided by or available within the facility or accessible to residents through commercial laundry services. If the laundry appliances become inoperable, outside laundry services shall be provided until such time as repairs are made or the appliances are replaced. The facility shall be responsible for the cost of such services.
    (b) Laundry soap, fabric softener, bleach, and stain remover shall be supplied for resident use and paid for by the facility.
    (c) If laundry services are provided within the facility, the facilities and appliances shall kept free of excessive lint build-up.
    (d) A violation of this subsection shall constitute a Class III violation.
    (8) Heating and cooling.
    (a) Indoor temperature shall be maintained within a range of 68 degrees to 80 degrees, as appropriate for the climate. Temperatures exceeding this range by more than 2 degrees but less than 5 degrees constitute a Class III violation. Temperatures exceeding this range by 5 degrees or more constitute a Class II violation.
    (b) The heating apparatus employed shall not constitute a burn hazard to the residents. Violation of this paragraph constitutes a Class II violation.
    (c) There shall be no discernible differences between the temperature and humidity of areas within the facility that are used by staff and those areas used by the residents, unless such differences are based on documented resident need or preference. A violation of this paragraph shall constitute a Class III violation.
    (d) Temperature variances due to a natural disaster, power outages outside of the licensee’s control, or equipment failures that are being repaired in a timely manner that will not endanger the facility’s residents shall not be considered violations of this subsection.
    (9) Lighting. All areas of the facility shall be adequately lighted in accordance with area usage. A violation of this subsection shall constitute a Class III violation.
    (10) Maintenance.
    (a) The interior and exterior of the facility shall be maintained by the licensee so the health and safety of residents is assured. The facility shall supply and pay for necessary cleaning supplies. A violation of this paragraph shall constitute a Class II violation.
    (b) The facility shall be free of unpleasant or noxious odors.
    (c) The grounds and any additional buildings on the grounds shall be free of excess debris and maintained in a safe and sanitary condition.
    (d) All outdoor garbage and other waste materials shall be kept in covered containers until removed. Containers shall be emptied as often as necessary to prevent public nuisance and health hazards in accordance with municipal and county requirements of the jurisdiction within which the facility is located.
    (e) Except when restitution is a component of a client’s LRC-approved behavior plan, licensees are solely responsible for any costs associated with the repair or replacement of any facility equipment or property which is owned or leased by the licensee when such equipment or property is lost, damaged or destroyed by a resident. Unless the licensee agrees to cover replacement or repair costs, a resident who damages or destroys equipment or property which is owned or leased by himself/herself or other residents of the facility shall be responsible for any costs associated with the repair or replacement of such equipment or property.
    (f) With the exception of paragraph (a), a violation of this subsection shall constitute a Class III violation.
    (11) Meal services. Unless contraindicated by documented medical, behavioral, or dietary requirements for individual residents, the following meal service standards shall apply to all facilities:
    (a) Food and beverages shall be of adequate quantity and variety, served at appropriate temperatures, prepared by methods which conserve nutritional value, and served in a form easy for residents to manage and, within reason, in keeping with resident preferences. Within reason, dietary practices in keeping with the religious requirements of the resident’s faith group shall be observed at the request of the resident, or the resident’s authorized representative.
    (b) Residents who are not routinely absent from the facility for work or other purposes must be prepared at least three meals at regular times during each 24-hour period. If a resident is absent from the facility for work or for an approved program during a regular meal time, he or she must be provided a meal at no charge to the resident. Snacks shall be available and provided by the facility at appropriate times during the day or evening.
    (c) Dining and serving arrangements shall provide for a variety of eating experiences and the opportunity for residents to make food selections with guidance.
    (d) Meals shall be prepared and served in accordance with the facility’s menu.
    (e) Menus shall be planned and written, and dated at least two days in advance of consumption. Menus, as served, shall be kept on file for a minimum of one month. Client participation in meal planning is recommended but not required.
    (f) When food services are not supervised by a nutritionist, a dietician must be consulted at least annually. Documentation of such consultation and a summary of the dietician’s recommendation shall be submitted to the Regional office. A violation of this paragraph shall constitute a Class II violation.
    (g) In accordance with the menu, a minimum of two days of fresh food supplies and five days of staple food and drinking water supplies sufficient for all household members shall be available at the facility at all times.
    (h) With the exception of paragraph (f), a violation of this subsection shall constitute a Class III violation.
    (12) Safety requirements.
    (a) The facility must have an adequate supply of hot water for bathing and dish washing sufficient to meet the needs of all household members. Hot water accessible to residents must not exceed 120 degrees Fahrenheit (43 degrees Celsius) at the outlet.
    (b) Firearms, ammunition, and all other weapons shall be prohibited in licensed facilities unless the facility also serves as the primary residence of the licensee.
    (c) All firearms must be stored unloaded. Firearms and ammunition shall be stored separately from each other within locked storage areas. Weapons normally associated with hunting, fishing or recreational target sports, such as bows and arrows, spear guns or slingshot type devices, shall be stored unloaded within locked storage areas not accessible to facility residents. Other weapons normally associated with personal protection such as stun guns or chemical aversive sprays such as Mace or pepper spray shall also be kept in locked storage areas not accessible to facility residents.
    (d) All poisonous and toxic compounds and potentially hazardous instruments shall be used with extreme caution. Compounds harmless to human consumption shall be used whenever reasonably possible. Poisonous and toxic compounds shall not be stored in an area which may constitute a hazard to residents. Such items shall be safeguarded and not co-mingled with food items in storage areas or elsewhere. In all cases, such products shall be stored in their original containers or, if transferred to other containers for dispensing purposes, clearly labeled as to the contents and locked in a storage area.
    (e) The facility shall provide fencing of at least four feet in height in areas identified by the Agency as hazardous. A hazardous area is that area designated as such by Agency staff at the time of initial licensure. In determining the hazardous area, Agency staff shall consult with the licensee and consider the needs and characteristics of the residents of the facility. A violation of this paragraph shall constitute a Class III violation.
    (f) With the exception of paragraph (e), a violation of this subsection shall constitute a Class I violation.
    (13) Water hazards.
    (a) Residents who are not proficient swimmers must be supervised by sight and sound at all times when they are within 50 feet of any body of water or water hazard such as pools, hot tubs, canals, creeks, holding ponds, rivers, lakes, swamps or areas subject to flooding. Access to bodies of water or other water hazards must be restricted when supervision is not available. Supervision must be provided by an adult employee of the facility who is responsible for the resident and who is also certified in first aid and CPR.
    (b) Residents who are not proficient swimmers shall not be allowed in pools or other bodies of water without wearing a life jacket or approved flotation device, unless engaged in swimming lessons or while under the supervision of a responsible adult capable of assisting with swimming-related emergencies.
    (c) All high-risk water-related recreational activities in which residents are participating, such as boating or water sports, must have direct adult supervision.
    (d) Pools without filters, such as wading or kiddy pools, are permitted for use by facilities and shall be set up and used in accordance with manufacturer’s instructions. Such pools must be emptied and stored away when not in use and filled with clean water before the next use.
    (e) All entry points and safety covers must be locked when the pool or spa is not in use.
    (f) Swimming pools must be equipped with one of the following life saving devices: ring buoy, rescue tube, flotation device with a rope, or a pole of sufficient length to cover the area of the pool.
    (g) A violation of this subsection shall constitute a Class II violation.
    (14) Smoking. In facilities that do not prohibit adult residents or staff from smoking indoors, either through admission criteria, house rules or self-government, smoking shall be permitted only in areas that are designated by the residents. Under no circumstances shall the designated smoking area include indoor common areas shared or accessed by non-smoking residents. Residents shall not be permitted to smoke in bed, except that those confined to bed by infirmity may be permitted to do so only under the visual supervision of staff. Smoking shall not be permitted indoors if any of the residents of the facility are children or possess a medical condition, such as asthma, which would be aggravated by indoor smoking by other household members. A violation of this subsection shall constitute a Class II violation.
    (15) Alarms. Alarms which are activated when an exterior door or window is opened are permitted for use within residential facilities.
    (16) Smoke and carbon monoxide detectors. Facilities shall be equipped with smoke and carbon monoxide detectors in good working condition. A violation of this subsection shall constitute a Class II violation.
    (17) Educational services for exceptional children. Within ten business days after an exceptional student, as described in Florida Statutes § 1003.01, is admitted by a residential facility, the facility shall provide written notification of the placement to the school district where the student is currently counted for funding purposes under Florida Statutes § 1011.62 and also to the receiving school district. The facility shall be responsible for enrolling the student in school. A violation of this subsection shall constitute a Class III violation.
    (18) Foreclosures and evictions.
    (a) Licensees must provide notification to the Regional office within two business days of receipt of a foreclosure notice involving the property at which the license is maintained.
    (b) Licensees must notify the Regional Office within 24 hours upon the receipt of a Notice of Eviction involving the property at which the license is maintained.
    (c) A violation of paragraph (a), of this subsection, shall constitute a Class II violation. A violation of paragraph (b), of this subsection, shall constitute a Class I violation.
    (19) Optional in-service training. The licensee may develop in-service training for family members, guardians or guardian advocates of residents. This training may address topics such as appropriate behavioral interventions, guardianship, social security benefit issues, or other topics of relevance. Under no circumstances may the licensee, or its contracted trainer or presenter, charge a fee for the provision of such training. A violation of this subsection shall constitute a Class III violation.
    (20) Willful or intentional misstatements. A licensee or applicant shall not make willful or intentional misstatements, orally or in writing, to intentionally mislead Agency staff, the Department of Children and Families, or law enforcement in the performance of their duties.
    (a) Willful or intentional misstatements regarding the health, safety, welfare, abuse, neglect, exploitation, abandonment or location of a resident shall be considered a Class I violation.
    (b) All other willful misstatements shall be considered Class II violations.
Rulemaking Authority 393.15(5), 393.501(1), 393.067 FS. Law Implemented Florida Statutes § 393.067. History-New 8-13-78, Formerly 10F-6.08, 10F-6.008, 65B-6.008, Amended 7-1-14, 5-5-15.