CHAPTER 65G-2
LICENSURE OF RESIDENTIAL FACILITIES
65G-2.003
65G-2.0031
65G-2.005
65G-2.006
65G-2.007
65G-2.011
65G-2.012
65G-2.013
65G-2.014
65G-2.015
Types of Licenses
Other Licenses
Denial or Revocation
Licensed Capacity
General Standards
Foster Care Facility Standards
Group Home Facility Standards
Residential Habilitation Center Standards
Comprehensive Transitional Education Program
Siting
65G-2.003 Types of Licenses.
(1) There shall be four types of licenses for residential facilities:
(a) Standard license.
(b) Standard license with a waiver.
(c) Conditional license with plan of correction.
(d) Temporary license.
(2) A standard license shall be issued to facilities that are in full compliance with all applicable standards and requirements.
(3) A standard license with a waiver may be issued to facilities that fail to meet certain standards or requirements. Waivers may
be issued according to the following criteria and procedures:
(a) Requirements for licensure specified in Section 393.067, F.S., cannot be waived, nor can any requirements of the Bill of
Rights of Persons with Developmental Disabilities or applicable state or federal statutes.
(b) Waivers of standards of licensing requirements must be supported by substantial and compelling evidence. No waiver will
be granted which adversely affects an individual client’s habilitation plan. No waiver shall be granted which would conflict with the
general intent of this chapter or relevant statutes or rules. All waivers shall be time limited.
(c) Requests for waivers should be submitted to the Area Administrator on forms provided by the Agency. Final approval or
disapproval of all requests for waiver shall be made by the Agency Director.
(d) Notice of the approval or disapproval of a waiver shall be provided to the residential facility in writing. No waiver shall be
effective for a period of more than one year from the date of approval, but waivers for an additional period of time may be requested.
(4) A conditional license may be issued to facilities that fail to meet certain standards or requirements for which no waiver has
been issued. Conditional licenses shall be time limited and must be accompanied by an approved plan of correction. Failure to
complete the actions specified in the plan of correction within the time limit specified in the plan shall result in revocation of the
conditional license.
(5) Temporary licenses shall only be issued to facilities that are awaiting administrative actions by other agencies, in order to
complete requirements for Agency licensing. This shall include facilities that are pursuing administrative or judicial appeals of
Agency action on licensure.
Specific Authority 393.067 FS. Law Implemented 393.067 FS. History–New 8-13-78, Formerly 10F-6.05, 10F-6.005, 65B-6.005.
65G-2.0031 Other Licenses.
(1) In order to avoid dual licensure, any licensure or accreditation which, at the time it is granted, meets or exceeds the
requirements of this chapter, may be substituted for licensure under this chapter. The facility to be licensed under this chapter may
notify the area office of any licensure or accreditation which the facility holds, the standards which meet or exceed standards for
licensure under this chapter. Subsequent to the area office’s decision, the Agency central office shall have thirty days in which to
approve the area office’s decision. Concurrence with the area office prior to the end of the thirty day period or no response prior to
the end of the thirty day period shall immediately make the area office’s decision final.
(2) If some of the requirements of the licensure or accreditation submitted for substitution do not meet or exceed the
requirements of this chapter, requests for waivers of those requirements may be submitted. If all such waivers are granted, licensure
or accreditation may be substituted.
(3) In all cases, licensure or accreditation may be substituted only if the facility meets applicable state and federal laws.
Specific Authority 393.067 FS. Law Implemented 393.067 FS. History–New 8-13-78, Amended 4-17-80, Formerly 10F-6.07, 10F-6.007, 65B6.007.
65G-2.005 Denial or Revocation.
(1) A license to operate a residential facility is not assignable and is valid only for the person, firm, partnership, association or
corporation, and the premises and purposes, specified in the license.
(2) The licensee shall give at least 30 days notice to the Area Administrator or his/her designee in writing of any intent to close,
sell, or lease such facility to another operator, or to discontinue responsibility for the management of the facility.
(3) A change of licensee or a move to another location shall result in revocation of the license.
(4) A license shall be revoked whenever an operator does not make his/her annual written application for license renewal.
(5) A license shall be revoked at any time, pursuant to Rule Chapter 28-107, F.A.C., if the applicant fails to maintain applicable
standards or to observe any limitations specified in the license.
(6) The applicant may petition the Area Administrator for a hearing pursuant to notice of intent to deny or revoke a license.
Specific Authority 393.067 FS. Law Implemented 393.067 FS. History–New 8-13-78, Formerly 10F-6.03, 10F-6.003, 65B-6.003.
65G-2.006 Licensed Capacity.
(1) The Agency shall determine the number of clients a facility may accommodate. This number shall be the authorized
maximum licensed capacity of the facility.
(2) The licensed capacity of a facility shall be determined on the basis of the size of the physical facility in accordance with
applicable standards and applicable fire, sanitation, and other relevant local codes and regulations.
(3) The clients to be served by a facility shall be determined on the basis of construction, design and use of the facility, the type
of programs and services offered by the facility, the number and qualifications of the personnel of the facility, and the level of care
and services needed by clients.
(4) If an operator wishes to increase the capacity of his/her facility, he/she shall notify the Area Administrator or his/her
designee in writing 30 days prior to the proposed change. The facility shall be resurveyed and a new license may be issued setting
forth the new maximum capacity.
Specific Authority 393.067 FS. Law Implemented 393.067 FS. History–New 8-13-78, Formerly 10F-6.02, 10F-6.002, 65B-6.002.
65G-2.007 General Standards.
(1) No residential facility may be referred to or use names such as “nursing home” or “rest home” unless it is a nursing home
licensed under Part II of Chapter 400, F.S.
(2) No residential facility may use the work “school” in its name unless there is a state or county certified educational program
operated in the facility.
(3) No residential facility may erect any exterior sign which would label the clients or functions of the facility by indicating the
special nature of the facility.
(4) No operator or employee of a residential facility shall refuse to permit any designated agent of the Agency to enter and
inspect any facility building at any time, or to inspect records which are kept concerning the operation of the facility or concerning
the clients of the facility. Copies of inspection reports shall be maintained by the facility and shall be made available to the public to
review upon request.
(5) For the purposes of this chapter, “resident” shall mean any person residing in a facility, including, but not limited to, clients,
operators of a facility who reside in the facility, members of the operator’s family who reside in the facility, or staff members who
reside in the facility.
Specific Authority 393.501(1), 393.067 FS. Law Implemented 393.067 FS. History–New 8-13-78, Formerly 10F-6.08, 10F-6.008, 65B-6.008.
65G-2.011 Foster Care Facility Standards.
(1) Administration. One foster caretaker shall be designated administratively responsible for the on-going operation of the foster
care facility and for carrying out the directions of assigned Agency staff.
(2) Budget and Finance. The income and/or resources of a foster caretaker shall not be wholly dependent on the payment
received for the client’s care.
(3) Client Records to Be Maintained by the Facility. The facility shall establish and maintain on the premises an individual
record for each client.
(a) The record shall be kept in a lockable container and include at least:
1. The client’s name and date of birth, as supplied by the Agency.
2. Authorization for routine medical/dental care from the client or guardian.
3. The name, address and telephone number of the client’s physician and dentist, as supplied by the Agency.
4. A record of the client’s illnesses and accidents while a resident of the facility.
5. The legal status of the client, as supplied by the Agency.
6. A copy of the client’s current habilitation plan, as supplied by the Agency.
7. An accounting of the client’s funds received and/or distributed by the vendor.
(b) All information contained in a client’s record shall be considered privileged and confidential, as provided for in Section
393.13, F.S.
(4) Services to Be Provided. Foster care facility services shall include, but not be limited to, provision of adequate living
accommodations, proper and adequate dietary supervision, appropriate physical care, support, guidance, supervision and assistance
with training required to assure each individual the opportunity for personal growth and development. Specific services to be
provided shall be defined by the needs of the clients to be served. Consideration shall be given to age, sex, developmental level and
specific needs.
(5) Staff Qualifications and Requirements.
(a) The foster caretaker shall not be dependent upon the use of clients or volunteers for basic maintenance and care.
(b) A foster caretaker shall be at least 21 years of age and shall have demonstrated ability to perform the duties required.
(c) A foster caretaker shall be in good health to the extent that they are able to provide care and supervision appropriate to the
client’s needs.
(d) All members of the household shall be in such mental and physical health that will not adversely affect the client.
(e) A foster caretaker shall be of suitable physical and mental ability to care for the clients they propose to serve; have
knowledge of the needs of the clients; be capable of handling an emergency situation promptly and intelligently; and be willing to
cooperate with the supervisory staff.
(f) A foster caretaker shall profess a willingness to respect and protect the rights of clients.
(g) At least three written character references attesting to good moral character shall be required of a foster caretaker.
(h) Professional judgment of Agency staff shall be a factor in determining the number of clients for whom the qualifications of a
caretaker enable the provision of adequate care.
(6) Foster Caretaker Responsibilities.
(a) To create a congenial and homelike atmosphere within the community residence.
(b) To plan, supervise and/or prepare nutritious meals.
(c) To be supportive of each client in developing attitudes and behaviors appropriate to community living.
(d) To be supportive of and encourage each client’s participation in the day training/vocational program prescribed.
(e) To be supportive of each client in developing those skills necessary to ensure his/her independence within his/her scope of
competence in the community (i.e., budget management, planning and preparing meals, housecleaning, personal grooming and
hygiene).
(f) To provide for and ensure each client’s right to privacy, in accordance with the Bill of Rights of Persons with Developmental
Disabilities, Section 393.13, F.S.
(g) To protect each client’s rights and freedoms and maintain the confidentiality of personal information concerning the client,
in accordance with the Bill of Rights of Persons with Developmental Disabilities, Section 393.13, F.S.
(h) To make the facility accessible to members of the Local Advocacy Council.
(i) To participate in the annual reassessment of each client as requested by area office staff and cooperate with the Agency in
implementing the habilitation plan.
(j) To participate in training sessions as made available by the Agency.
(7) Facility and Site Requirements. The foster care facility shall be located, equipped and designed to assure safe care and
supervision for all clients admitted, and to enable them to utilize the surrounding community resources necessary to meet their
needs. Mobile homes, as defined by Section 320.01, F.S., shall not be utilized for foster care facilities.
(8) Federal, State, County and City Requirements.
(a) Each foster care facility is responsible for complying with all applicable laws, rules, regulations or ordinances of each
governmental unit in which the facility is located, including but not limited to those relating to building, fire, sanitation, health,
safety, zoning, civil rights and employment.
(b) A foster care facility shall conform to the following fire safety standards:
1. The use of unvented gas and oil heaters is prohibited.
2. The use of electric portable heaters shall be in accordance with the facility’s wiring capacity.
3. The facility shall be equipped with smoke detection and alarm devices.
4. All gas-fired devices shall be equipped with an automatic pilot gas shut-off control.
5. Extension cords shall not extend from one room to another. Multiple electric outlet adapters shall not be used for more than
two extensions at one time.
6. All electrical wiring shall be fully insulated.
7. Attic space shall not be used for the storage of volatile materials.
8. Volatile materials shall not be stored where water heaters are located.
9. Volatile materials shall be isolated from the client’s living area. Such items shall be stored in approved metal containers.
10. All doors with locks must be readily opened from the inside.
11. At least a two and one half (2 1/2) pound, type ABC portable fire extinguisher shall be maintained in the kitchen area of the
facility. It shall be serviced annually and so tagged.
12. No exit, stairway, corridor, ramp, fire escape, or other means of exit shall be used for storage purposes or otherwise be
obstructed from use in case of emergency.
13. All equipment such as heating and cooling units, washers, dryers, refrigeration systems, stoves, hoods, etc., shall be properly
installed, vented and maintained in good repair.
14. All doors and windows designed to open shall be operable.
15. There shall be a written evacuation plan for the removal of residents from the building in the event of fire. Such plan shall
take into consideration the mental and physical handicaps of the clients.
(c) The local authorized fire inspector shall be requested to inspect the facility for compliance with local codes and ordinances
including but not limited to these standards.
1. The inspection may be made by the person designated by the Agency who has training in fire safety standards for community
residential facilities for clients, when the local authorized fire authority indicates in writing that he/she is unwilling or unable to
honor the request for inspection.
2. Any approval given when an inspection is completed by this designated person shall include the person’s name and a
verification of his/her authority.
3. Exception: Only the local fire authorities shall give approval for multi-storied frame dwellings.
(d) The foster care facility shall meet the required fire safety standards prior to issuance of a license and must be in complete
compliance for annual renewal.
(e) The foster care facility shall be inspected by the county health department prior to issuance of a license and must be in
complete compliance for annual renewal.
(9) Foster Care Facility Dwelling.
(a) Living and Dining.
1. A minimum of 35 square feet of combined living and dining area shall be provided per resident of the facility.
2. 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 residents of the facility.
3. The dining area furnishings shall be adequate in number, well constructed and of satisfactory design to meet the daily needs
of residents of the facility.
(b) Kitchen.
1. The kitchen shall be large enough to accommodate the equipment and personnel needed to prepare and properly serve the
required number of meals.
2. 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 shall not be used.
(c) Bedrooms.
1. Bedrooms shall be arranged so that privacy is assured for clients. Sole access to these rooms shall not be through a kitchen,
bathroom or other bedrooms. A maximum of four residents shall share a bedroom used by clients.
2. Single bedrooms for clients shall provide at least 80 square feet of usable floor space. Multi-occupancy bedrooms used by
clients shall provide at least 60 square feet per person of usable floor space.
3. Bedroom arrangements shall be compatible with the physical needs of the clients. Beds for clients shall be located so as to
avoid draft from windows and excessive heat from heat sources.
4. Usable floor areas shall include only those areas with vertical wall heights of five feet or more.
5. An enclosed closet space adequate for the belongings of each resident shall be provided.
6. Bedroom doors shall not have vision panels.
7. Each client shall have an individual bed. Each client’s bed shall have a clean, firm, comfortable mattress. Beds shall be of
suitable dimensions to accommodate clients who are using them. Bunk beds shall not be used unless appropriate to the age and
functioning level of the clients.
8. Bedding and linens shall be provided for each client. These include a suitable pillow, pillow case, sheets, blanket, and spread.
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.
9. Bedroom furnishings for clients shall include adequate shelf space, individual chest or dresser space, mirror, draperies or
shades.
10. The client shall be allowed to decorate his/her private quarters in an individual style which will respect the care of the
property.
(d) Bathroom.
1. Sole access to the bathroom shall not be through a kitchen or another individual’s bedroom.
2. A toilet and lavatory facility shall be provided for every six residents.
3. A minimum of one tub or shower facility shall be provided for every eight residents.
4. Bathrooms shall be well ventilated by natural or mechanical methods.
5. Toilets, tubs and showers used by clients shall provide for individual privacy.
6. Each client shall be provided a separate and appropriate place for his own toothbrush and towel.
7. Toilet and bathing area fixtures shall approximate normal patterns found in residential construction, except where special
requirements are applicable for physically handicapped clients or for special program needs.
(e) Laundry.
1. Laundry services and/or appliances for laundry shall be available within the facility or accessible to clients commercially.
2. Laundry services must be provided for those clients without ability to obtain these services for themselves.
(f) Storage. Storage space shall be available to accommodate clients’ luggage and personal belongings.
(g) Outdoor. The grounds surrounding the facility shall be sufficient to allow social, recreational and physical activities.
(h) Housekeeping. The foster care facility shall be maintained in a clean, safe and orderly condition.
(i) Heating and Cooling. Temperature and humidity shall be maintained within a normal comfort range for the climate. The
heating apparatus employed shall not constitute a burn hazard to the clients.
(j) Lighting. All areas of the foster care facility shall be lighted in accordance with the usage of the area.
(k) Maintenance.
1. The interior and exterior of the foster care facility shall be maintained in clean, safe, presentable and repaired condition.
2. The grounds and all buildings on the grounds shall be maintained in a safe, sanitary and presentable condition.
3. 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, health hazards and unsightliness, at least in accordance with all applicable and state
and local ordinances. The foster care facility shall be kept free of unnecessary and unusable accumulations of possessions that
constitute health and/or fire hazard.
(l) Insect and Rodent Control. The foster care facility shall be maintained free of infestations of insects and rodents.
(10) Food Services.
(a) Quality and Variety. 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 clients to manage. Within reason, dietary
practices in keeping with the religious requirements of the client’s faith group shall be observed at the request of the client or
guardian.
(b) Frequency of Meals. For clients not routinely absent from the facility for work or other purposes, at least three meals shall
be prepared at regular times during each 24 hour period. If a client is absent from a facility for work or approved programs during a
regular meal time, he/she must be provided with a take-out meal, if other provisions are not made by the client or the facility.
(c) Dining and Serving Arrangements.
1. Dining and serving arrangements shall provide for a variety of eating experiences and the opportunity for clients to make
food selections with guidance.
2. Except when prevented by health reasons or by physical limitations specific to the eating process, all clients, including the
multiply handicapped and non-ambulatory, shall be given the opportunity to eat with the foster caretaker and other members of the
household.
(11) Client Life in a Foster Care Facility.
(a) The treatment of clients shall be individualized, appropriate to differences in personal goals, abilities, age and circumstances.
(b) Each client shall receive adequate and appropriate attention each day from foster caretakers regardless of the client’s
chronological age, degree of retardation, or accompanying handicaps.
(c) Clients shall be allowed to express their ideas and concerns.
(d) Clients shall be allowed free use of all space within the facility, with due regard for privacy and personal possessions of
other residents and foster caretakers.
(e) Clients shall be encouraged to interact and assist each other.
(f) Clients shall have the right of communication with parent/guardians, social workers, friends and other interested persons.
(12) Training for Clients.
(a) A foster caretaker shall reinforce the implementation of the client’s habilitation plan.
(b) A foster caretaker shall be supportive of the client in exercising maximum independence in the following areas:
1. Self-care skills.
2. Daily living skills.
3. Social skills.
4. Communication skills.
5. Recreational opportunities and the use of leisure time.
6. Motor skills.
7. Basic knowledge.
8. Community resource utilization.
9. Work habits.
(13) Safety.
(a) All poisonous and toxic compounds and potentially hazardous instruments shall be used with extreme caution. Compounds
harmless for human consumption shall be used whenever possible. Poisonous and toxic compounds shall not be stored in an area
which may constitute a hazard to the client. Such items shall be safeguarded and not commingled with food items in storage areas or
elsewhere.
(b) Where appropriate, the foster care facility shall provide adequate fencing around swimming pools, against busy streets, and
surrounding other hazardous areas.
(c) A foster caretaker shall complete a basic first aid course, including instruction in the Heimlich maneuver and cardiopulmonary resuscitation, as arranged for by the area office.
(14) Transportation.
(a) The foster care facility shall provide or arrange for incidental transportation for clients within the community as would
usually be available to an individual in his/her own home.
(b) Clients should be encouraged to utilize public transportation in areas where it is available and appropriate to the clients’
ability.
(15) Medications.
(a) No client shall be given prescriptive medication or treatment except upon the written order of the physician for the
individual.
(b) All prescription medication shall be kept in its original container bearing the original dated label with legible information
stating the prescription number, direction for use, client’s name, physician’s name, and address of the issuing pharmacy.
(c) Medication shall be kept in a locked enclosure.
(d) A client, whom the physician has deemed capable of handling his/her own medications, should be encouraged to do so. Staff
shall assist the client by making the medication available and reminding the client to take medication at appropriate times.
(16) Discipline and Abuse. Each client shall receive humane discipline.
(a) Foster caretakers shall be instructed by Agency staff in Developmental Disabilities Abuse Act reporting procedures and shall
report suspicion or evidence of abuse in accordance with Section 39.201 or 415.1034, F.S.
(b) Foster caretakers shall be knowledgeable of provisions of the Bill of Rights of Persons with Developmental Disabilities,
Section 393.13, F.S.
(17) Religious Observance. The religious preferences of the client, or in the case of a minor, the guardian, shall be respected.
Included is the right not to participate in any religious activity. The foster caretaker shall make arrangements for reasonable
participation, if requested by the client.
(18) Rights of Parents and Guardians. The admission of a client to a foster care facility shall not be construed by parents, legal
guardians, or foster caretakers as a termination or restriction of the rights and responsibilities of such parents and guardians.
(19) Community Relationships. The foster caretakers shall encourage understanding and support by, and integration with, the
community, such as by working with community organizations able to contribute to the habilitation and welfare of the client.
(20) Intake and Placement Procedures.
(a) Intake: The foster caretaker must require in the referral material for each admission current medical, psychological,
educational and social data pertinent to the placement of the client. Referred clients and their families shall be given an opportunity
to visit the foster care facility prior to placement.
(b) Placement.
1. Prior to any request for transfer, except of an emergency nature, of a client from the foster care facility, the transfer and
reasons for transfer shall be discussed with the client, social worker and other interested persons by the foster caretaker.
2. A foster care facility serving clients shall not provide residential services to any private client whose physical or mental
health condition might adversely affect the welfare and development of Agency clients accepted by the facility. The foster care
facility shall have prior approval of area office staff of its intent to accept other than Agency clients.
(21) Accountability for Foster Care Facilities. The licensee is aware that the foster caretaker is an independent contractor
delivering services to the Agency under the provisions of a bilateral executory contract. The safe custody of clients under the
contractor’s control is the responsibility of the independent contractor and the Agency shall assume no liability for actions brought
against the contractor, including but not limited to the following:
(a) Tort action for damage to property or person.
(b) Payment of payroll-related costs such as workers’ compensation, withholding taxes, fair employment practices and
unemployment.
(22) Responsibility for the Client.
(a) Whenever the whereabouts of a client is unknown and the client is determined to be missing, the designee of the Area
Administrator who is assigned to be the contact person according to established procedures shall be notified immediately.
(b) If this person cannot be reached immediately, and there exists a true emergency, then this fact shall be reported to the law
enforcement agency having jurisdiction in the community.
(23) Emergencies.
(a) There shall be a written plan on file at the facility and the area office which specifies action and procedures for meeting
emergency situations such as fire and natural disasters. The plan shall be developed with the assistance of appropriate resource
persons.
(b) The foster caretaker shall be knowledgeable in procedures for handling emergencies.
(c) Serious illness, accident, injury, death, assault, and missing clients should be handled as an emergency. The foster caretaker
shall meet the immediate need of the client and then report the incident by telephone to the area office as instructed by the social
worker serving the facility. In case of suspected abuse, the incident shall also be reported to the Central Abuse Hotline.
(d) There shall be at least one telephone which is accessible to foster caretakers and clients at any time for emergency use.
(e) The following telephone numbers shall be readily accessible at each telephone extension in the facility:
1. Police.
2. Fire Department.
3. Clients’ doctors.
4. Rescue Squad/Ambulance.
5. Social Worker, Office.
6. Agency Area Office.
7. Emergency on-call number, as assigned by the area office.
8. Relief staff.
9. Central Abuse Hotline.
10. Local Advocacy Council and/or the Council Chairperson.
11. Area Administrator.
12. Other relevant persons.
Specific Authority 393.067 FS. Law Implemented 393.067 FS. History–New 8-13-78, Formerly 10F-6.09, 10F-6.009, 65B-6.009.
65G-2.012 Group Home Facility Standards.
(1) Administration.
(a) A group home facility for clients may be a corporation (profit or nonprofit), a partnership or an individual proprietorship.
(b) A corporation shall have on file a copy of its charter approved by the Secretary of State.
(2) Budget and Finance.
(a) An annual budget shall be prepared by the facility and submitted to the area office.
(b) Accounting practices shall conform to basic accounting procedures and financial records shall identify each group home
facility expense; individual client accounts for incidental expenses shall be identified; and a corporate group home facility shall
verify by a Board of Directors’ resolution that the total program can be maintained without dependence or reimbursement for at least
sixty days from the date of opening. Proprietorship and partnership facilities shall verify by signed statement that the program can be
maintained without dependence on reimbursement for at least sixty days from the date of opening.
(3) Client Records to be maintained by the facility. The facility shall establish and maintain on the premises an individual record
for each client.
(a) The record shall be kept in a lockable container and include at least:
1. The client’s name and date of birth, as supplied by the Agency.
2. Written authorization for routine medical/dental care from the client or guardian and a medical summary, as supplied by the
Agency.
3. The name, address and telephone number of the client’s physician and dentist, as supplied by the Agency.
4. A record of the client’s illnesses and accidents while a resident of the facility.
5. The legal status of the client, as supplied by the Agency.
6. A copy of the client’s current habilitation plan, as supplied by the Agency.
7. An accounting of the client’s funds received and/or distributed by the vendor.
(b) All information contained in a client’s record shall be considered privileged and confidential, as provided for in Section
393.13, F.S.
(4) Services to Be Provided. Group home facility services shall include, but not be limited to, provision of adequate living
accommodations, proper and adequate dietary supervision, appropriate physical care, support, guidance, supervision and assistance
with training required to assure each individual the opportunity for personal growth and development. Specific services to be
provided shall be defined by the needs of the clients to be served. Consideration shall be given to age, sex, developmental level and
specific needs.
(5) Personnel Qualifications, Requirements and Responsibilities.
(a) Sufficient staff shall be provided to ensure that facility operation is not dependent upon the use of clients or volunteers.
However, a client may be encouraged to perform (age and ability appropriate) personal housekeeping chores such as maintaining his
own quarters. A client may be expected to participate in an independent daily living skills program which may include the sharing
of, or responsibility for, ordinary household tasks such as meal preparation, grocery shopping, dishwashing, laundering, cleaning of
common areas of the residence, lawn care, gardening and other tasks generally performed by a normal family.
(b) Staff identified in the application for licensure and providing direct care services must be at least eighteen years of age.
Written evidence of the qualifications of the direct care staff shall be maintained. Minimum criteria shall be demonstrated ability to
meet the written established job description, appropriate life experience, and eighth grade education.
(c) Staff shall be of suitable physical and mental ability to care for the clients they propose to serve; have knowledge of the
needs of the clients; be capable of handling an emergency situation promptly and intelligently; and be willing to cooperate with the
supervisory staff.
(d) At least three written character references (excluding relatives) and an employment work history shall be required for direct
care staff.
(e) Each facility shall have a person designated as administratively responsible on-site. This may be the licensee or an individual
appointed by the licensee. The administrator of a group home facility shall be a person of responsible character and integrity,
qualified by education, training, and/or experience to effectively manage the facility. The administrator should have completed
college level course work applicable to the functions of the facility, such as education, special education, social work, sociology,
health, psychology or child development, or have at least a high school diploma and three years relevant experience in working with
children, adolescents or adults. The administrator shall designate a capable person who, in his/her absence but under his/her
supervision, will perform all the necessary duties of the position.
(f) The number of staff needed for a given facility is dependent upon the size and kind of program, the type of clients and the
competency of staff. The facility shall maintain at least the staffing pattern established by licensure.
(g) Direct Care Staff Responsibilities. Each group home facility shall:
1. Create a congenial and homelike atmosphere within the community residence.
2. Plan, supervise and/or prepare nutritious meals.
3. Be supportive of each client in developing attitudes and behaviors appropriate to community living.
4. Be supportive of and encourage each client’s participation in the day training/vocational program prescribed.
5. Be supportive of each client in developing those skills necessary to ensure his independence within his/her scope of
competence in the community (i.e., budget management, planning and preparing meals, housecleaning, personal grooming and
hygiene).
6. Provide for and ensure each individual’s right to privacy, in accordance with the Bill of Rights of Persons with
Developmental Disabilities, Section 393.13, F.S.
7. Establish and maintain written house rules and regulations, in consultation with clients, for the orderly operation of the group
home facility.
8. Protect each client’s rights and freedoms and maintain the confidentiality of personal information concerning the client, in
accordance with the Bill of Rights of Persons with Developmental Disabilities, Section 393.13, F.S.
9. Help establish self-government within the meaning of Section 393.13, F.S.
10. Make the facility accessible to members of the Local Advocacy Council.
11. Participate in the annual reassessment of each client as requested by area office staff and cooperate with the Agency in
implementing the habilitation plan.
12. Participate in training sessions as made available by the Agency.
(6) Facility and Site Requirements.
(a) The facility shall be located, equipped, and designed to assure safe care and supervision for all clients to enable them to
utilize the surrounding community resources necessary to meet their needs. Mobile homes, as defined by Section 320.01, F.S., shall
not be utilized for group home facilities.
(b) Those facilities serving the physically handicapped client shall not have architectural barriers that prevent that client’s
participation in normal situations. Ramps, doors, corridors, toileting and bathing facilities, furnishings, and equipment shall be
designed to meet the individual client’s needs.
(7) Federal, State, County and City Requirements.
(a) Each group home facility is responsible for complying with all applicable laws, rules, regulations, or ordinances of each
governmental unit in which the facility is located, including but not limited to those relating to buildings, fire, sanitation, health,
safety, zoning, civil rights and employment.
(b) A group home facility shall conform to the following fire safety standards:
1. The use of unvented gas and oil heaters shall be prohibited.
2. The use of electric portable heaters shall be in accordance with the facility’s wiring capacity.
3. The facility shall be equipped with smoke detection and alarm devices.
4. All gas-fired devices shall be equipped with an automatic pilot gas shut-off control.
5. Extension cords shall not extend from one room to another. Multiple electric outlet adapters shall not be used for more than
two extensions at one time.
6. All electric wiring shall be fully insulated.
7. Attic space shall not be used for the storage of volatile materials.
8. Volatile materials shall not be stored where water heaters are located.
9. Volatile materials shall be isolated from the clients’ living area. Such items shall be stored in approved metal containers.
10. All doors with locks must be readily opened from the inside.
11. At least a 2 1/2 pound, type ABC portable fire extinguisher shall be maintained in the kitchen area of the facility. It shall be
serviced annually and so tagged.
12. No exit, stairway, corridor, ramp, fire escape, or other means of exit shall be used for storage purposes or otherwise be
obstructed from use in case of emergency.
13. All equipment such as heating and cooling units, washers, dryers, refrigeration systems, stoves, hoods, etc., shall be properly
installed, vented and maintained in good repair.
14. All doors and windows designed to open shall be operable.
15. Smoking shall be permitted only in areas determined safe for this activity. Clients shall not be permitted to smoke in bed
except those confined to bed by infirmity may be permitted to do so under direct supervision of staff.
16. There shall be a written evacuation plan which includes procedures and a schematic diagram for the removal of residents
from the building in the event of fire. Such plan shall take into consideration the mental and physical handicaps of the clients.
17. All employees shall be instructed in their duties according to the written evacuation plan.
18. A fire drill shall be held at least monthly. Dates and results (time of day, evacuation time and signature of person conducting
the drill) of monthly fire drills shall be maintained in the facility record one year from the date of the drills.
(c) The group home facility shall meet fire safety standards prior to issuance of a license and must be in complete compliance
for annual renewal.
(d) The local authorized fire inspector shall be requested to inspect the facility for compliance with local codes and ordinances
including but not limited to these standards.
1. The inspection may be made by the person designated by the Agency who has training in fire safety standards for community
residential facilities for clients, when the local authorized fire authority indicates in writing that he/she is unwilling or unable to
honor the request for inspection.
2. Any approval given when an inspection is completed by this designated person shall include the person’s name and a
verification of his/her authority.
3. Exception: only the local fire authorities shall give approval for multi-storied frame dwellings.
(e) The group home facility shall be inspected by the county health department prior to issuance of a license and must be in
complete compliance for annual renewal.
(8) Group Home Facility Plant.
(a) Living and Dining.
1. A minimum of 35 square feet of combined living and dining area shall be provided per resident of the facility.
2. The living area shall be provided with an adequate number of furnishings for the usual functions of daily living and social and
diversional activities. These furnishings shall be sturdily constructed and of satisfactory design to meet the daily needs of residents
of the facility.
3. The dining area furnishings shall be adequate in number, well constructed and of satisfactory design to meet the daily needs
of the residents of the facility.
(b) Kitchen.
1. The kitchen shall be large enough to accommodate the equipment and personnel needed to prepare and properly serve
required number of meals.
2. 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 shall not be used.
(c) Bedrooms.
1. Bedrooms shall be arranged so that privacy is assured for clients. Sole access to these rooms shall not be through a kitchen,
bathroom or other bedrooms. A maximum of four residents shall share a bedroom used by clients.
2. Single bedrooms for clients shall provide at least 80 square feet of usable floor space. Multi-occupancy rooms shall provide at
least 60 square feet per resident of usable floor space.
3. Bedroom arrangements shall be compatible with the physical needs of the clients. Beds for clients shall be located so as to
avoid draft from windows and excessive heat from heat sources.
4. Usable floor areas shall include only those areas with vertical wall heights of five feet or more.
5. An enclosed closet space adequate for the belongings of each resident shall be provided.
6. Bedroom doors shall not have vision panels.
7. Each client shall have an individual bed. Each client’s bed shall have a clean, firm, comfortable mattress. Beds shall be of
suitable dimensions to accommodate the clients who are using them. Bunk beds shall not be used unless appropriate to the age and
functioning ability of the client.
8. Bedding and linens shall be provided for each client. These include a suitable pillow, pillow case, sheets, blanket and spread.
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.
9. Bedroom furnishings for clients shall include adequate shelf space, individual chest or dresser space, mirror, draperies or
shades.
10. The client shall be allowed to decorate his/her private quarters in an individual style which will respect the care of the
property.
(d) Bathroom.
1. Sole access to the bathroom shall not be through a kitchen or another individual’s bedroom.
2. A toilet and lavatory facility shall be provided for every six residents.
3. A minimum of one tub or shower facility shall be provided for every eight residents.
4. Bathrooms shall be well ventilated by natural or mechanical methods.
5. Toilets, tubs and showers used by clients shall provide for individual privacy.
6. Each client shall be provided a separate and appropriate place for keeping his own toothbrush and towel.
7. Toilet and bathing area fixtures shall approximate normal patterns found in residential construction, except where special
requirements are applicable for physically handicapped clients or for special program needs.
(e) Administrative or Office Space. An area of the facility shall be designated as office space where files, desk, telephone and
other administrative tools and equipment are installed. Provisions shall be made for locking and protecting confidential files and
other types of records, e.g., account books, inventories, audits, client records, and client funds.
(f) Laundry.
1. Laundry services and/or appliances for laundry shall be available within the facility or accessible to clients commercially.
2. Laundry services must be provided for those residents without ability to obtain these services for themselves.
(g) Storage. Storage space shall be available to accommodate residents’ luggage and personal belongings.
(h) Outdoor. The grounds surrounding the facility shall be sufficient to allow social, recreational and physical activities.
(i) Housekeeping. Each facility shall have equipment and supplies to:
1. Keep the building in a clean, safe and orderly condition.
2. Control odors by appropriate sanitation practices, effective cleaning procedures and proper use of ventilation.
3. Prohibit use of bath tubs, showers and lavatories for janitorial or storage purposes.
(j) Heating and Cooling. Temperature and humidity shall be maintained within a normal comfort range for the climate. The
heating apparatus employed shall not constitute a burn hazard to the clients.
(k) Lighting. All areas of the facility shall be lighted in accordance with the usage of the area.
(l) Maintenance.
1. The facility shall maintain the interior and exterior of the building in a clean, safe, presentable and repaired condition.
2. The grounds and all buildings on the grounds shall be maintained in a safe, sanitary and presentable condition.
3. 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, health hazards and unsightliness, at least in accordance with all applicable state and
local ordinances. The facility shall be kept free of unnecessary and unusable accumulations of possessions for the operation of the
facility, including equipment and supplies of residents, staff or the facility’s owner that constitute health and/or fire hazards.
(m) Insect and Rodent Control. The facility shall be maintained free of infestations of insects and rodents. The facility shall
have a pest control program provided by maintenance personnel or by contract with a pest control agency.
(9) Food Services.
(a) Quality and Variety. 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 clients to manage.
1. Within reason, dietary practices in keeping with the religious requirements of the client’s faith group shall be observed at the
request of the client or guardian.
(b) Frequency of Meals. For clients not routinely absent from the facility for work or other purposes, at least three meals shall
be prepared at regular time during each 24 hour period. If a client is absent from a facility for work or approved programs during a
regular meal time, he or she must be provided with a take-out meal, if other provisions are not made by the client or the facility.
(c) Meal Planning.
1. When food services are not supervised by a nutritionist, a dietician shall be consulted at least annually. Area office staff can
assist the facility in securing these services. Summaries of the consultation shall be retained in the facility’s administrative records
two years from the date of consultation.
2. Menus shall be planned and written at least two days in advance and dated. Menus, as served, shall be kept on file for a
minimum of one month.
3. Fresh food supplies sufficient for two days and staple food supplies sufficient for at least five days shall be available at the
facility at all times.
(d) Dining and Serving Arrangements.
1. Dining and serving arrangements shall provide for a variety of eating experiences and the opportunity for clients to make
food selections with guidance.
2. Clients shall be encouraged to eat with staff members.
3. Except when prevented by health reasons or by physical limitations specific to the eating process, all clients, including the
multiple handicapped and non-ambulatory, shall be given the opportunity to eat or to be fed in the dining area.
(10) Client Life in Group Home Facilities.
(a) Staff interaction with clients shall be individualized and appropriate to differences in personal goals, abilities, age and
circumstances.
(b) Each client shall receive adequate and appropriate attention each day from the staff regardless of the client’s chronological
age, degree of retardation, or accompanying handicaps.
(c) The group home facility shall be operated in such a manner that there is flexibility to meet the individual needs of the clients.
(d) Clients shall be allowed to express their ideas and concerns for incorporation into the program.
(e) Clients shall be allowed free use of all space within the facility, with due regard for privacy, personal possessions or other
residential/staff, and reasonable house rules.
(f) Clients shall be encouraged to interact and assist each other.
(g) Clients shall have the right of communication with parents/guardians, social workers, friends, and other interested persons.
(11) Training for Clients.
(a) The group home facility shall reinforce the implementation of the client’s habilitation plan.
(b) The group home facility shall be supportive of the client in exercising maximum independence in the following areas:
1. Self-care skills.
2. Daily living skills.
3. Social skills.
4. Communication skills.
5. Recreation opportunities and the use of leisure time.
6. Community resources utilization.
7. Work habits.
8. Motor skills.
9. Basic knowledge.
(12) Safety.
(a) All poisonous and toxic compounds and potentially hazardous instruments shall be used with extreme caution. Compounds
harmless for human consumption shall be used whenever possible. Poisonous and toxic compounds shall not be stored in an area
which may constitute a hazard to the clients. Such items shall be safeguarded and not commingled with food items in storage areas
or elsewhere.
(b) Where appropriate, the group home facility shall provide adequate fencing around swimming pools, against busy streets, and
surrounding other hazardous areas.
(c) The group home facility shall have on the premises first aid supplies including, at least, gauze, tape, tweezers, scissors, and a
thermometer. These supplies shall be maintained in places known to and readily available to all staff responsible for the safety and
welfare of the clients.
(d) Staff shall complete a basic first aid course, including instruction in the Heimlich maneuver and cardio-pulmonary
resuscitation, as arranged for by the area office.
(13) Transportation.
(a) The group home facility shall provide or arrange for incidental transportation for clients within the community, as would
usually be available to an individual in his/her own home.
(b) Clients should be encouraged to utilize public transportation in areas where it is available and appropriate to the clients’
ability.
(c) Any vehicle operated by the group home facility in which clients are transported shall have a current license plate and
inspection sticker, carry at least minimum insurance coverage as required by state law, and be operated by a driver holding an
appropriate valid driver’s license.
(14) Medications.
(a) No client shall be given prescriptive medication or treatment except upon the written order of the physician of the individual.
(b) All prescription medication shall be kept in its original dated label with legible information stating the prescription number,
direction for use, client’s name, physician’s name, and address of the issuing pharmacy.
(c) A client, whom the physician has deemed capable of handling his/her own medications, should be encouraged to do so. Staff
shall assist the client by making the medication available and reminding the client to take medication at appropriate times.
(d) A daily record must be kept of prescription and/or nonprescription medication administered, except when self-medication is
approved as part of the habilitation plan. The record must specify the client’s name, date, time, dosage, name of medicine and
signature of person administering.
(e) Medications shall be kept in a locked enclosure.
(15) Discipline and Abuse. Each client shall receive humane discipline.
(a) The facility shall have a written statement of policies and procedures for the control and discipline of clients.
(b) The facility shall take all reasonable precautions to assure that no client is exposed to, or instigates, such behavior as might
be physically or emotionally injurious to him/herself or to another person.
(c) Facility staff shall be instructed by Agency staff in Developmental Disabilities Act abuse reporting procedures and shall
report suspicion or evidence of abuse in accordance with Section 39.201 or 415.1034, F.S.
(d) Facility staff shall be knowledgeable of provisions of the Bill of Rights of Persons with Developmental Disabilities, Section
393.13, F.S.
(16) Religious Observance. The religious preferences of the client, or in the case of a minor, the parents or the guardian, shall be
respected. Included is the right not to participate in any religious activity. The facility shall make arrangements for reasonable
participation, if requested by the client.
(17) Rights of Parents and Guardians. The admission of a client to a facility shall not be construed by parents, legal guardians,
or facility staff as a termination or restriction of the rights and responsibilities of such parents and guardians. Parents, legal
guardians, and other responsible persons shall be encouraged to organize as volunteer groups for the purpose of promoting the
welfare of the clients of the facility.
(18) Community Relationship. The group home facility shall encourage understanding and support by, and integration with, the
community, such as by establishing cooperative agreements with clinics, park departments, volunteer organizations, and similar
community resources.
(19) Intake and Placement Procedures.
(a) Intake:
1. The group home facility shall have written criteria and procedures for admission. The group home facility must require, in the
referral material for each admission, current medical, psychological, educational and social data pertinent to the placement of the
client.
2. Referred clients and their families shall be given an opportunity to visit the group home facility prior to placement.
3. A group home facility serving clients shall not provide residential services to any private client whose physical or mental
condition might adversely affect the welfare and development of Agency clients accepted by the facility. The group home shall have
prior approval of area office staff of its intent to accept other than Agency clients.
4. Area office staff shall give prior approval for any admissions which vary from criteria included in the application for
licensure as a residential facility.
(b) Placement. Prior to any request for transfer, except of an emergency nature, of the client from the group home facility, the
transfer and reasons for transfer shall be discussed with the client, social worker and other interested persons by the group home
facility staff.
(20) Accountability for Group Home Facilities. The licensee is aware that the group home facility is an independent contractor
delivering services to the Agency under the provisions of a bilateral executory contract. The safe custody of clients under the
contractor’s control is the responsibility of the independent contractor and the Agency shall assume no liability for actions brought
against the contractor, including but not limited to the following:
(a) Tort action for damage to property or person.
(b) Payment of payroll-related costs such as workers’ compensation, withholding taxes, fair employment practices and
unemployment insurance.
(21) Responsibility for Clients.
(a) Whenever the whereabouts of a client is unknown and the client is determined to be missing, the designee of the Area
Administrator who is assigned to be the contact person according to established procedures shall be notified immediately.
(b) If this person cannot be reached immediately, and there exists a true emergency, then this fact shall be reported to the law
enforcement agency having jurisdiction in the community.
(22) Client Exploitation. The Area Administrator or his/her designee must be notified in advance of any planned solicitation
activity by the group home facility. A client, or a class of clients, may not be exploited through the use of name, picture, or person in
association with his/her disability for the purpose of securing donations.
(23) Emergencies.
(a) There shall be a written plan on file at the facility and the area office, which specifies action and procedures for meeting
emergency situations such as fire and natural disasters. This plan shall be developed with the assistance of appropriate resource
persons such as the local fire marshall, area office staff, and the civil defense office, and shall include plans for assignment of staff
and clients to specific tasks and responsibilities.
(b) The staff shall be knowledgeable in procedures for handling emergencies.
(c) Serious illness, accident, injury, death, assault, and missing clients should be handled as an emergency. The staff should
meet the immediate needs of the client and then report the incident by telephone to the area office as instructed by the social worker
serving the facility. In case of suspected abuse, the incident shall also be reported to the Central Abuse Hotline.
(d) There shall be at least one telephone which is accessible to staff and clients at any time for emergency use. Clients (age and
ability appropriate) shall be trained to dial the emergency number.
(e) The following telephone numbers shall be readily accessible to staff and clients at each telephone extension in the facility:
1. Police.
2. Fire Department.
3. Clients’ doctors.
4. Rescue Squad/Ambulance.
5. Social Worker, Office.
6. Agency Area Office.
7. Emergency on-call number, as assigned by the area office.
8. Relief staff.
9. Central Abuse Hotline.
10. Local Advocacy Council and/or the Council Chairperson.
11. Area Administrator.
12. Other relevant persons.
Specific Authority 393.067 FS. Law Implemented 393.067 FS. History–New 8-13-78, Formerly 10F-6.10, 10F-6.010, 65B-6.010.
65G-2.013 Residential Habilitation Center Standards.
(1) Organization and Administration.
(a) One of the major goals of community placement is to integrate the client to the greatest possible extent with the general
population. To this end, community services other than residential habilitation center services should be used extensively. A facility
of the size of residential habilitation centers is high in restrictiveness for clients.
(b) To assure adequate provision of services, plans for physical plant, programs and site location, as well as application for
licensure, of a proposed residential habilitation center are subject to review and approval by the Agency.
(c) The residential habilitation center need not be a fully self-contained program unit. Residential habilitation center activities
shall be coordinated with habilitative educational and recreational activities in which the clients engage outside of the facility.
(d) A residential habilitation center for clients may be a corporation (profit or nonprofit), a partnership or an individual
proprietorship.
(e) A corporation shall have on file a copy of its charter approved by the Secretary of State.
(2) Budget and Finance.
(a) An annual budget shall be prepared by the facility and submitted to the area office. A plan of financing shall give assurance
of sufficient funds to enable the facility to carry out its defined purposes.
(b) Accounting practices shall conform to basic accounting procedures and financial records shall identify each residential
habilitation center expense; individual client accounts for incidental expenses shall be identified; and a corporate residential
habilitation center shall verify by a Board of Directors’ resolution that the total program can be maintained without dependence on
fees for at least 60 days from the date of opening. Proprietorship and partnership facilities shall verify by signed statement that the
program can be maintained without dependence on fees for at least 60 days from the date of opening.
(3) Client Records to Be Maintained by the Residential Habilitation Center. The facility shall establish and maintain on the
premises an individual record for each client. Pertinent information shall be entered into the client’s record in sufficient detail to
enable those persons involved in the client’s program to provide effective continuing services.
(a) The record shall be kept in a lockable container and include at least:
1. The client’s name and date of birth, as supplied by the Agency.
2. Written authorization for routine medical/dental care from the client or guardian and a medical summary, as supplied by the
Agency.
3. The name, address and telephone number of the client’s physician and dentist, as supplied by the Agency.
4. A record of the client’s illnesses and accidents while a resident at the facility.
5. The legal status of the client, as supplied by the Agency.
6. A copy of the client’s current habilitation plan, as supplied by the Agency.
7. An accounting of all the client’s funds received and/or distributed by the vendor.
(b) All information contained in a client’s record shall be considered privileged and confidential, as provided for in Section
393.13, F.S.
(4) Services to Be Provided. Residential habilitation center services shall include, but not be limited to, provision of adequate
living accommodations, proper and adequate dietary supervision, appropriate physical care, support, guidance, supervision and
assistance with training required to assure each individual the opportunity for personal growth and development. Specific services to
be provided shall be defined by the needs of the clients to be served. Consideration shall be given to age, sex, developmental level
and specific needs.
(5) Personnel Qualifications, Requirements and Responsibilities.
(a) Sufficient staff shall be provided to ensure that the facility is not dependent upon the use of clients or volunteers. However, a
client may be encouraged to perform (age and ability appropriate) personal housekeeping chores such as maintaining his own
quarters. A client may be expected to participate in an independent daily living skills program which may include the sharing of, or
responsibility for, ordinary household tasks such as meal preparation, grocery shopping, dishwashing, laundering, cleaning of
common areas of the residence, lawn care, gardening and other tasks generally performed by a normal family.
(b) Staff identified in the application for licensure and providing direct care services must be at least 18 years of age. Written
evidence of the qualifications of the direct care staff shall be maintained. Minimum criteria shall be demonstrated ability to meet the
written established job description, appropriate life experiences and an eighth grade education.
(c) Staff shall be of suitable physical and mental ability to care for the client they propose to serve; have knowledge of the needs
of the clients; be capable of handling an emergency situation promptly and intelligently; and be willing to cooperate with the
supervisory staff.
(d) At least three written character references (excluding relatives) and an employment work history shall be required for direct
care staff.
(e) Each facility shall have a person designated as administratively responsible on site. This may be the licensee or an individual
appointed by the licensee. The administrator shall be a person of responsible character and integrity, qualified by education, training,
and/or experience to effectively manage the facility. The administrator should have completed college level course work applicable
to the functions of the facility, such as education, special education, social work, sociology, health, psychology or child
development, or have at least a high school diploma and three years relevant experience in working with children, adolescents or
adults. The administrator shall designate a capable person who, in his/her absence but under his/her supervision, will perform all the
necessary duties of the position.
(f) The number of staff needed for a given facility is dependent upon the size and kind of program, the type of clients and the
competency of staff. The facility shall maintain at least the staffing pattern established by licensure.
(g) Staff Responsibilities. Staff of a residential habilitation center shall:
1. Create a congenial and homelike atmosphere within the community residence.
2. Plan, supervise, and/or prepare nutritious meals.
3. Be supportive of each client in developing attitudes and behaviors appropriate to community living.
4. Be supportive of and encourage each client’s participation in the day training/vocational program prescribed.
5. Be supportive of each client in developing those skills necessary to ensure his/her independence within his/her scope of
competency in the community (i.e., budget management, planning and preparing meals, housecleaning, personal grooming and
hygiene).
6. Provide for and ensure each individual’s right to privacy, in accordance with the Bill of Rights of Persons with
Developmental Disabilities, Section 393.13, F.S.
7. Establish and maintain house rules and regulations, in consultation with clients, for the orderly operation of the residential
habilitation center.
8. Protect each client’s rights and freedoms and maintain the confidentiality of personal information concerning the client, in
accordance with the Bill of Rights of Persons with Developmental Disabilities, Section 393.13, F.S.
9. Help establish self-government within the meaning of Section 393.13, F.S.
10. Make the facility accessible to members of the Local Advocacy Council.
11. Participate in the annual reassessment of each client as requested by area office staff and cooperate with the Agency in
implementing the habilitation plan.
12. Participate in training sessions made available by the Agency.
(h) The residential habilitation center shall develop a weekly schedule indicating its staff coverage.
(i) The residential habilitation center shall have written personnel policies, practices and procedures. This shall include a job
description for each position.
(j) The residential habilitation center shall maintain on file the training, education and experience of each direct care staff
member.
(k) At least one staff person shall be on duty on the premises at any time a client is present. An exception to this regulation may
be granted by the Agency for a semi-independent living program.
(l) At least one staff person shall be on call when the facility is not occupied by clients.
(m) Staff Training.
1. There shall be a staff training program that is appropriate to the size and nature of the facility and includes but is not limited
to:
a. Orientation for all new employees to acquaint them with the philosophy, organization, program, practices and goals of the
facility.
b. Continuing in-service training to update and improve staff skills and competencies.
c. In-service training for volunteers.
2. There shall be a record of all staff training on file.
(6) Facility and Site Requirements.
(a) The facility shall be located, equipped, and designed to assure safe care and supervision for all clients to enable them to
utilize the surrounding community resources necessary to meet their needs. Mobile homes, as defined by Section 320.01, F.S., shall
not be utilized for residential habilitation center facilities.
(b) Those facilities serving the physically handicapped client shall not have architectural barriers that prevent that client’s
participation in normal situations. Ramps, doors, corridors, toileting and bathing facilities, furnishings and equipment shall be
designed to meet the individual client’s needs.
(7) Federal, State, County and City Requirements.
(a) The residential habilitation center is responsible for complying with all applicable laws, rules, regulations, or ordinances of
each governmental unit in which the facility is located, including but not limited to those relating to buildings, fire, sanitation,
health, safety, zoning, civil rights and employment.
(b) Any building planned for use as a residential habilitation center shall be inspected and approved in accordance with the
design for occupancy by the following agencies and others as required: local or state fire authority, county health department, local
zoning department. The following fire safety standards shall be included in or added to the requirements of the inspection performed
by the local fire inspection authority:
1. The use of unvented gas and oil heaters is prohibited.
2. The use of electric portable heaters shall be in accordance with the facility’s wiring capacity.
3. The facility shall be equipped with smoke detection and alarm devices.
4. All gas-fired devices shall be equipped with an automatic pilot gas shut-off control.
5. Extension cords shall not extend from one room to another. Multiple electric outlet adapters shall not be used for more than
two extensions at a time.
6. All electrical wiring shall be fully insulated.
7. Attic space shall not be used for storage of volatile materials.
8. Volatile materials shall not be stored where water heaters are located.
9. Volatile materials shall be isolated from the clients’ living area. Such items shall be stored in approved metal containers.
10. All doors with locks must be readily opened from the inside.
11. At least a 2 1/2 pound, type ABC portable fire extinguisher shall be maintained in the kitchen area of the facility. It shall be
serviced annually and so tagged.
12. No exit, stairway, corridor, ramp, fire escape, or other means of exit shall be used for storage purposes or otherwise be
obstructed from use in case of emergency.
13. All equipment such as heating and cooling units, washers, dryers, refrigeration systems, stoves, hoods, etc., shall be properly
installed, vented and maintained in good repair.
14. All doors and windows designed to open shall be operable.
15. Smoking shall be permitted only in areas determined safe for this activity. Clients shall not be permitted to smoke in bed
except those confined to bed by infirmity may be permitted to do so under direct supervision of staff.
16. There shall be a written evacuation plan, which includes procedures and a schematic diagram, for the removal of residents
from the building in the event of fire. Such plan shall take into consideration the mental and physical handicaps of the clients.
17. All employees shall be instructed in their duties according to the written evacuation plan.
18. A fire drill shall be held at least monthly. Dates and results (time and day, evacuation time and signature of person
conducting the drill) of monthly fire drills shall be maintained in the facility record one year from the date of the drills.
(c) A residential habilitation center shall meet fire safety standards prior to issuance of a license and must be in complete
compliance for annual renewal.
(d) The local authorized fire inspector shall be requested to inspect the facility for compliance with local codes and ordinances
including but not limited to these standards.
1. The inspection may be made by the person designated by the Agency who has training in fire safety standards for community
residential facilities for clients, when the local authorized fire authority indicates in writing that he/she is unwilling or unable to
honor the request for inspection.
2. Any approval given when an inspection is completed by this designated person shall include the person’s name and a
verification of his/her authority.
3. Exception: Only the local fire authorities shall give approval for multi-storied frame dwellings.
(e) The residential habilitation center shall be inspected by the county health department prior to issuance of a license and must
be in complete compliance for annual renewal.
(8) Residential Habilitation Center Plant.
(a) Living and Dining.
1. A minimum of 35 square feet of combined living and dining area shall be provided per resident of the facility.
2. The living area shall be provided with an adequate number of furnishings for the usual functions of daily living and social and
diversional activities. These furnishings shall be sturdily constructed and of satisfactory design to meet the daily needs of residents
of the facility.
3. The dining area furnishings shall be adequate in number, well constructed and of satisfactory design to meet the daily needs
of the residents of the facility.
(b) Kitchen.
1. The kitchen shall be large enough to accommodate the equipment and personnel needed to prepare and properly serve the
required number of meals.
2. 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 shall not be used.
(c) Bedrooms.
1. Bedrooms shall be arranged so that privacy is assured for clients. Sole access to these rooms shall not be through a kitchen,
bathroom or other bedrooms. A maximum of four residents shall share a bedroom used by clients.
2. Single bedrooms for clients shall provide at least 80 square feet of usable floor space. Multi-occupancy rooms shall provide at
least 60 square feet per person of usable floor space.
3. Bedroom arrangements shall be compatible with the physical needs of the clients. Beds for clients shall be located so as to
avoid drafts from windows and excessive heat from heat sources.
4. Usable floor areas shall include only those areas with vertical wall heights of five feet or more.
5. An enclosed closet space adequate for the belongings of each resident shall be provided.
6. Bedroom doors shall not have vision panels.
7. Each client shall have an individual bed. Each client’s bed shall have a clean, firm, comfortable mattress. Beds shall be of
suitable dimensions to accommodate the clients who are using them. Bunk beds shall not be used unless appropriate to the age and
functioning ability of the client.
8. Bedding and linens shall be provided for each client. These include a suitable pillow, pillow case, sheets, blanket and spread.
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.
9. Bedroom furnishings for clients shall include adequate shelf space, individual chest or dresser space, mirror, draperies or
shades and bedspread.
10. The client shall be allowed to decorate his/her private quarters in an individual style which will respect the care of the
property.
(d) Bathroom.
1. Sole access to the bathroom shall not be through a kitchen or another individual’s bedroom.
2. A toilet and lavatory facility shall be provided for every six residents.
3. A minimum of one tub or shower facility shall be provided for every eight residents.
4. Bathrooms shall be well ventilated by natural or mechanical methods.
5. Toilets, tubs and showers used by clients shall provide for individual privacy.
6. Each client shall be provided a separate and appropriate place for keeping his/her own toothbrush and a towel.
7. Toilet and bathing area fixtures shall approximate normal patterns found in residential construction, except where special
requirements are applicable for physically handicapped clients or for special program needs.
(e) Administrative or Office Space. An area of the facility shall be designated as office space where files, desk, telephone, and
other administrative tools and equipment are installed. Provisions shall be made for locking and protecting confidential files and
other types of records, e.g., account books, inventories, audits, client records, and client funds.
(f) Laundry.
1. Laundry services and/or appliances for laundry shall be available within the facility or accessible to clients commercially.
2. Laundry services must be provided for those residents without ability to obtain these services for themselves.
(g) Storage. Storage space shall be available to accommodate residents, luggage and personal belongings.
(h) Outdoor. The grounds surrounding the facility shall be sufficient to allow social, recreational and physical activities.
(i) Housekeeping. Every facility shall have equipment and supplies to:
1. Keep the building in a clean, safe and orderly condition.
2. Control odors by appropriate sanitation practices, effective cleaning procedures and proper use of ventilation.
3. Prohibit use of bath tubs, showers and lavatories for janitorial or storage purposes.
(j) Heating and Cooling. Temperature and humidity shall be maintained within a normal comfort range for the climate. The
heating apparatus employed shall not constitute a burn hazard to the clients.
(k) Lighting. All areas of the facility shall be lighted in accordance with the usage of the area.
(l) Maintenance.
1. The facility shall maintain the interior and exterior of the building in a clean, safe, presentable and repaired condition.
2. The grounds and all buildings on the grounds shall be maintained in a safe, sanitary and presentable condition.
3. 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, health hazards and unsightliness at least in accordance with all applicable state and
local ordinances. The facility shall be kept free of unnecessary and unusable accumulations of possessions for the operation of the
facility, including equipment and supplies of residents, staff, or the facility’s owner that constitute health and/or fire hazards.
(m) Insect and Rodent Control. The facility shall be maintained free of infestations of insects and rodents. The facility shall
have a pest control program provided by maintenance personnel or by contract with a pest control agency.
(9) Food Services.
(a) Quality and Variety. 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 clients to manage.
1. Within reason, dietary practices in keeping with the religious requirements of the client’s faith group shall be observed at the
request of the client or guardian.
(b) Frequency of Meals. For clients not routinely absent from the facility for work or other purposes, at least three meals shall
be prepared at regular times during each twenty-four (24) hour period. If a client is absent from a facility for work or approved
programs during a regular meal time, he or she must be provided with a take-out meal, if other provisions are not made by the client
or the facility.
(c) Meal Planning.
1. When food services are not supervised by a nutritionist, a dietitian shall be consulted at least annually. The area office staff
can assist the facility in securing these services. Summaries of the consultations shall be retained in the facility’s administrative
records one year from date of consultation. Completion of a food preparation management course shall substitute dietary
consultation.
2. Menus shall be planned and written at least two days in advance and dated. Menus, as served, shall be kept on file for a
minimum of one month.
3. Fresh food supplies sufficient for two days and staple food supplies sufficient for at least five days shall be available at the
facility at all times.
(d) Dining and Serving Arrangements.
1. Dining and serving arrangements shall provide for a variety of eating experiences and the opportunity for clients to make
food selections with guidance.
2. Clients shall be encouraged to eat with staff members.
3. Except when prevented by health reasons or by physical limitations specific to the eating process, all clients, including the
multiple handicapped and non-ambulatory, shall be given the opportunity to eat or be fed in the dining area.
(10) Client Life in Residential Habilitation Centers.
(a) Staff interaction with clients shall be individualized and appropriate to differences in personal goals, abilities, age and
circumstances.
(b) Each client shall receive adequate and appropriate attention each day from the staff regardless of the client’s chronological
age, degree of retardation, or accompanying handicaps.
(c) The residential habilitation center shall be operated in such a manner that there is flexibility to meet the individual needs of
the clients.
(d) Clients shall be allowed to express their ideas and concerns for incorporation into the program.
(e) Clients shall be allowed free use of all space within the facility, with due regard for privacy, personal possessions of other
residents/staff, and reasonable house rules.
(f) Clients shall be encouraged to interact and assist each other.
(g) Clients shall have the right of communication with parent/guardians, social workers, friends, and other interested persons.
(11) Training for Clients.
(a) The residential habilitation center shall reinforce the implementation of the client’s habilitation plan.
(b) The residential habilitation center shall insure that all clients receive habilitative programming to meet their individualized
needs which includes:
1. The residential habilitation center will assist the client in exercising maximum independence in the following areas:
a. Self-care skills:
I. Eating.
II. Dressing.
III. Toileting.
IV. Bathing.
V. Grooming.
b. Daily living skills (community living skills, homemaking skills, first-aid, use of telephone, etc.).
c. Communication skills (verbal or nonverbal language) to include:
I. Receptive language.
II. Expressive language.
III. Functional reading.
IV. Functional writing.
d. Social skills (adaptive behavior necessary for independence on the job and in the community).
e. Motor skills:
I. Fine motor skills.
II. Gross motor skills.
f. Recreation skills/interests.
g. Human growth and development (sex education).
h. Basic knowledge (cognitive development) to include:
I. Pre-academic skills.
II. Academic skills.
i. Job related skills to include:
I. Personal work interests.
II. Work capabilities.
III. Work habits.
IV. Practical work interests.
V. Community mobility.
VI. Job seeking skills.
(12) Safety.
(a) All poisonous and toxic compounds and potentially hazardous instruments shall be used with extreme caution. Compounds
harmless for human consumption shall be used whenever possible. Poisonous and toxic compounds shall not be stored in an area
which may constitute a hazard to the clients. Such items shall be safeguarded and not commingled with food items in storage or
elsewhere.
(b) Where appropriate, the residential habilitation center shall provide adequate fencing around swimming pools, against busy
streets, and surrounding other hazardous areas.
(c) The residential habilitation center shall have on the premises first aid supplies including at least gauze, tape, tweezers,
scissors, and a thermometer. The supplies shall be maintained in places known to and readily available to all staff responsible for the
safety and welfare of the clients.
(d) Staff shall have completed a basic first aid course, including instruction in the Heimlich maneuver and cardio-pulmonary
resuscitation, as arranged for by the area office.
(13) Transportation.
(a) The residential habilitation center shall provide or arrange for incidental transportation within the community as would
usually be available to an individual in his/her own home.
(b) Clients shall be encouraged to utilize public transportation in areas where it is available and appropriate to the clients’
ability.
(c) Any vehicle operated by the residential habilitation center in which clients are transported shall have a current license and
inspection sticker, carry at least minimum insurance coverage as required by state law, and be operated by a driver holding an
appropriate valid driver’s license.
(14) Medications.
(a) The residential habilitation center shall develop in conjunction with a qualified pharmacist, nurse or physician, written
policies and procedures that govern the safe supervision and storage of drugs, and provide an accountable system of distribution of
medications.
(b) No client shall be given prescriptive medication or treatment except upon the written order of the physician.
(c) All prescription medication shall be kept in its original container bearing the original dated label with legible information
stating the prescription number, directions for use, client’s name, physician’s name, and address of the issuing pharmacy.
(d) A client whom the physician has deemed capable of handling his/her own medications should be encouraged to do so. The
residential habilitation center shall assist the resident in the self-administration of medications by making the medications available
and reminding the client to take medications at appropriate times.
(e) A daily record must be kept of prescription medication administered, except when self-medication is approved as part of the
habilitation plan. The record must specify client’s name, date, time, dosage, name of medicine and signature of person
administering.
(f) Medications shall be kept in a locked enclosure.
(15) Discipline and Abuse. Each client shall receive humane discipline.
(a) The facility shall have a written statement of policies and procedures for the control and discipline of clients.
(b) The facility shall take all reasonable precautions to assure that no client is exposed to, or instigates such behavior as might
be physically or emotionally injurious to him/herself or to another person.
(c) Facility staff shall be instructed by Agency staff in the Developmental Disabilities Abuse Act abuse reporting procedures
and shall report suspicion or evidence of abuse in accordance with Section 39.201 or 415.1034, F.S.
(d) Facility staff shall be knowledgeable of provisions of the Bill of Rights of Persons with Developmental Disabilities, Section
393.13, F.S.
(16) Religious Observance. The religious preferences of the client, or in the case of a minor, the parents or the guardian, shall be
respected. Included is the right not to participate in any religious activity. The facility shall make arrangements for reasonable
participation, if requested by the clients.
(17) Rights of Parents and Guardians. The admission of a client to a facility shall not be construed by parents, legal guardians or
facility staff as a termination or restriction of the rights and responsibilities of such parents and guardians. Parents, legal guardians,
and other responsible persons shall be encouraged to organize as volunteer groups for the purpose of promoting the welfare of the
clients of the facility.
(18) Community Relationship. The residential habilitation center administration shall encourage understanding and support by,
and integration with, the community, such as by establishing cooperative agreements with clinics, park departments, volunteer
organizations, and similar community resources.
(19) Intake and Placement Procedures.
(a) Intake:
1. The residential habilitation center shall have written criteria and procedures for admission. The residential habilitation center
must require in the referral material for each admission, current medical, psychological, educational and social data pertinent to the
placement of the client.
2. The residential habilitation center shall have an orientation plan that lessens anxiety and acquaints the client with the
program.
3. Referred clients and their families shall be given an opportunity to visit the residential habilitation center prior to placement.
4. A residential habilitation center serving clients shall not provide residential services to any private client whose physical or
mental condition might adversely affect the welfare and development of Agency clients accepted by the facility. The residential
habilitation center shall have prior approval of the area office staff of its intent to accept other than Agency clients.
5. Area office staff shall be notified of any admissions which may vary from criteria included in the application for licensure as
a retardation residential facility.
(b) Placement. Prior to any request for transfer, except of an emergency nature, of the client from the residential habilitation
center, the transfer and reasons for transfer shall be discussed with the client, social worker and other interested persons by the
residential habilitation center staff.
(20) Accountability for Residential Habilitation Centers. The licensee is aware that the residential habilitation center is an
independent contractor delivering services to the Agency under the provisions of a bilateral executory contract. The safe custody of
clients under the contractor’s control is the responsibility of the independent contractor and the Agency shall assume no liability for
actions brought against the contractor, including but not limited to the following:
(a) Tort action for damage to property or person.
(b) Payment of payroll-related costs such as workers’ compensation, withholding taxes, fair employment practices, and
unemployment insurance.
(21) Responsibility for Clients.
(a) Whenever the whereabouts of a client is unknown and the client is determined to be missing, the designee of the Area
Administrator who is assigned to be the contact person according to established procedures shall be notified.
(b) If this person cannot be reached immediately, and there exists a true emergency, then this fact shall be reported to the law
enforcement agency having jurisdiction in the community.
(22) Client Exploitation. The Area Administrator or his/her designee must be notified in advance of any planned solicitation
activity by the residential habilitation center. A client, or a class of clients, may not be exploited through the use of name, picture, or
person in association with his/her disability for the purpose of securing donations.
(23) Emergencies.
(a) There shall be a written plan on file, at the facility and area office, which specifies action and procedures for meeting
emergency situations such as fire and natural disasters. This plan shall be developed with the assistance of appropriate resource
persons such as the local fire marshall, area office staff, and the civil defense officer, and shall include plans for assignment of staff
and clients to specific tasks and responsibilities.
(b) The staff shall be knowledgeable in procedures for handling emergencies.
(c) Serious illness, accident, injury, death, assault, and missing clients should be handled as an emergency. The staff should
meet the immediate needs of the client and then report the incident by telephone to the area office as instructed by the social worker
serving the facility. In case of suspected abuse, the incident shall also be reported to the Central Abuse Hotline.
(d) There shall be at least one telephone which is accessible to staff and clients at any time for emergency use. Clients (age and
ability appropriate) shall be trained to dial the emergency number.
(e) The following telephone numbers shall be readily accessible to staff and clients at each telephone extension in the facility:
1. Police.
2. Fire Department.
3. Clients’ Doctors.
4. Rescue Squad/Ambulance.
5. Social Worker, Office.
6. Agency Area Office.
7. Emergency on-call number, as assigned by the area office.
8. Relief Staff.
9. Central Abuse Hotline.
10. Local Advocacy Council and/or the Council Chairperson.
11. Area Administrator.
12. Other relevant persons.
Specific Authority 393.067 FS. Law Implemented 393.067 FS. History–New 8-13-78, Formerly 10F-6.11, 10F-6.011, 65B-6.011.
65G-2.014 Comprehensive Transitional Education Program.
(1) Administration and Organization.
(a) Each Comprehensive Transitional Education Program shall establish a written policy and procedures manual which shall
include at a minimum:
1. A description of the overall organization including responsibilities of the governing body and the specific functions and
duties of staff and organizational entities within the organization.
2. Personnel qualifications.
3. Methods of safeguarding students’ rights (including the reporting and investigation of alleged abuse).
4. Criteria and procedures for admissions and discharges, both external to and from the Comprehensive Transitional Education
Program and within its components.
5. Procedures for use of medication which may be employed for the purpose of behavior change.
6. The use of behavioral programming procedures.
7. Procedures for use in emergencies.
(b) Policies and procedures shall be designed to comply with the laws and rules of Florida and those states whose public
agencies maintain authority over students. The requirements of other states or their public agencies shall be given preference
regarding permanent residents of such states provided such requirements do not conflict with the laws and rules of Florida.
(2) Financial Standards.
(a) Fiscal records pertaining to the cost of providing care to students funded by the Agency shall be maintained in accordance
with generally accepted accounting practices.
(b) The Agency may audit the records of any Comprehensive Transitional Education Program which it has reason to believe
may not be in full compliance with Section 393.067, F.S., provided that any financial audit of such program shall be limited to the
records of Agency clients.
(c) A true and accurate sworn statement shall be forwarded annually to the Agency of the costs of providing care to Agency
clients.
(3) Student Records.
(a) Individualized records shall contain the following information:
1. Student’s name.
2. Date of birth.
3. Name, address and telephone number of student’s parent/guardian.
4. Written authorization for routine medical/dental care from the student, if legally competent, or guardian.
5. Name, address and telephone number of student’s doctor and dentist.
6. Records of the student’s illnesses and accidents while a resident of the facility.
7. Summary of medical history including immunizations.
8. The legal status of the student.
9. A copy of the student’s current habilitation plan if a client of the Agency.
10. An accounting of the student’s funds received and/or distributed by the Comprehensive Transitional Education Program.
(b) All information contained in a student’s record is considered privileged and confidential and can be released or disclosed
only in accordance with Section 393.13, F.S.
(4) Data Collection, Monitoring and Management of Treatment Services.
(a) Each Comprehensive Transitional Education Program shall establish systems which enable the program to accurately track
and act upon information pertinent to each student’s well-being.
(b) Data collection on each individual shall include:
1. The use of emergency interventions and restraint.
2. The use of restricted procedures.
3. Accidents, injuries, unusual incidents or other significant events.
4. Acquisition of functional adaptive skills.
5. Changes in maladaptive behavior.
(c) Monitoring and management systems shall include:
1. Direct methods of continuously monitoring the adequacy of services, care, and treatment for individual students and the
program as a whole by administrative and professional personnel.
2. Systematic means of acting on the information in a timely and effective manner (e.g. by treatment changes, personnel action,
etc.).
(5) Services.
(a) Residential care services shall include, but not be limited to, provision of adequate living accommodations, proper dietary
management, appropriate physical care, support, guidance, supervision and assistance.
(b) Student treatment services shall include, but not be limited to:
1. Psychology.
2. Education.
3. Behavioral Programming.
4. Activities of daily living.
5. Vocational Training.
6. Recreation.
7. Socialization and
8. Independent Living.
(c) Behavioral programming for any student of a Comprehensive Transitional Education Program shall be consistent with laws
and rules of the State of Florida. Consideration of the requirements of other states may be given if such requirements do not conflict
with the laws and rules of Florida.
(d) Treatment programs involving the use of noxious or painful stimuli shall be prohibited. The behavioral program shall be
written in a consistent format and include, but not be limited to the following elements:
1. Measurable definitions of the behavior to be changed.
2. Data collection procedures.
3. Names of staff members responsible for defining, implementing, supervising and evaluating the student’s progress.
4. A functional analysis of biological and/or environmental conditions maintaining the behavior to be changed.
5. Logically related functional behaviors to be taught and reinforced.
6. A precise description of all methods used to strengthen appropriate behaviors, and a schedule for their implementation.
7. A precise description of all methods used to treat the maladaptive behaviors targeted, and a schedule for their
implementation.
8. The plan for monitoring the effectiveness of the program.
9. Provisions to ensure the correct and consistent implementation of the program.
10. Graphic display of significant behavioral data.
11. A narrative describing the selection of procedures contained in the program, particularly in reference to less restrictive
alternatives.
12. Methods for generalizing and maintaining improvement.
13. Criteria and methods for continuing or revising treatment.
(6) Personnel Qualifications, Requirements and Responsibilities.
(a) Each Comprehensive Transitional Education Program shall have written personnel policies and procedures.
(b) The facility shall employ a director with professional qualifications appropriate to the students served. A qualified designee
identified in writing shall be responsible in the absence of the director.
(7) Staff.
(a) Sufficient staff shall be provided to ensure that the facility’s operation is not dependent upon the use of students or
volunteers. However, a student may be encouraged to perform (age and ability appropriate) personal housekeeping chores such as
maintaining quarters. A student may be expected to participate in an independent daily living skills program which may include the
sharing of, or responsibility for, ordinary household tasks such as meal preparation, grocery shopping, dishwashing, laundering,
cleaning of common areas of the residence, lawn care, gardening and other tasks generally performed by an individual in the
community.
(b) Though staff to student ratios may be expected to be enhanced according to the nature of the activities scheduled and
students served, the facility shall maintain a minimum ratio of 1:6 staff present during periods when students are awake and a
minimum ratio of 1:10 awake staff present when students are asleep.
(c) There shall be employed staff whose character, skill, and number insure the well-being and development of students in the
facility. To insure this, the following shall be established:
1. Routine background screening on all prospective caregivers, in accordance with Florida statutes and rules.
2. Current licensure or professional certification, if appropriate.
3. Documented and criteria-referenced preservice training on every aspect of student care and treatment.
4. Staff responsible for student care and training shall be instructed regarding:
a. The Bill of Rights of Persons with Developmental Disabilities, Section 393.13, F.S.
b. Principles of normalization.
c. Adult Protective Services Act (Chapter 415, F.S.).
d. The role and function of the Local Advocacy Council.
e. Behavioral programming.
f. Abuse reporting.
g. Unusual incident reporting.
h. Confidentiality.
i. The handling of emergencies.
j. First aid procedures including the Heimlich maneuver and cardiopulmonary resuscitation. At least one person on duty on each
shift must be certified in CPR.
k. AIDS.
l. Data collection.
m. Recordkeeping.
5. Ongoing documented inservice training.
6. Documentation that the staff who design and supervise programs are fully competent in all relevant areas of the program.
7. Routine ongoing methods of monitoring, evaluating, and teaching staff which include performance based criteria.
8. An adequate number of staff present at all hours to insure that students are safe, treated humanely and receive all prescribed
services.
9. Staff shall include a psychologist who is licensed in Florida and certified as a behavior analyst in Florida, or an individual
who meets the professional requirements established by the Agency for behavior analysts and is certified as a behavior analyst in
Florida.
10. The full-time staff member responsible for overall supervision and approval of behavioral programs shall have a minimum
of a Master’s degree in a health-related field, have two years of experience in the design and implementation of behavioral programs
with an appropriate population, and be certified as a behavior analyst in Florida.
11. Staff who design behavioral programs shall have a Bachelor’s degree in a health-related field and have one year of
experience in the design and implementation of behavioral programs with an appropriate population.
12. Staff who implement behavioral programs shall have:
a. A minimum of two years of college and at least one year experience in the implementation of behavioral programs with an
appropriate population, or
b. A high school diploma, a minimum of 20 hours training in behavior analysis, two years experience with an appropriate
population, and be at least 18 years of age. No more than 30 percent of the staff who implement behavioral programs shall fall in
this latter category.
13. Staff who design and implement behavioral programs shall include individuals who are certified as behavior analysts in
Florida.
14. All other staff who work directly with students shall have at least an eighth grade education and be at least 18 years of age.
(d) A file shall be maintained for each staff person which contains background screening, employment history, job description
for the position held, the most recent annual evaluation and documentation of competency based inservice training.
(8) Facility and Site Requirements.
(a) The facility shall be located, equipped, and designed to assure safe care and supervision for all students and to enable them
to use the community resources necessary to meet their needs.
(b) Comprehensive Transitional Education Programs serving the physically handicapped student shall not have architectural
barriers that prevent the student’ participation in normal situations. Ramps, doors, corridors, toileting and bathing facilities,
furnishings and equipment shall be designed to meet the individual student’s needs.
(9) Federal, State, County and City Standards.
(a) The facility shall comply with all applicable laws, rules, regulations and ordinances including but not limited to those
relating to buildings, fire, sanitation, health, safety, zoning, civil rights and employment.
(b) The facility shall receive an annual environmental/health inspection by the official designated in the area and meet
applicable health standards for license renewal.
(c) Fire safety protection shall be governed by Rule Chapter 69A-38, F.A.C. Compliance with fire safety standards shall be
determined by a fire inspector certified by the Office of the State Fire Marshal to inspect 24-hour residential facilities. A facility
shall have an approved fire inspection report which shall comply with state standards before a standard license may be issued.
Annual inspections and approval are required for renewal of a standard license. A temporary license for renewal may be issued for
45 days if a fire inspection is not completed within a reasonable time after the request or if the facility has requested further review
by the Office of the State Fire Marshal. The facility shall also conform to the following fire safety standards:
1. The following equipment, if used, shall be properly installed, vented and maintained in good repair: heating units, washers
and dryers, refrigeration systems, stoves and hoods.
2. There shall be a written plan for evacuation of the buildings in the event of fire. Such plan shall be appropriate in regard to
the handicap of the students.
3. Fire drills shall be conducted at least monthly and documented to include: time of day, date, evacuation time, signature of
person conducting the drill. The file of the drill shall be maintained for one year from the date of the last drill.
(d) Poisonous or toxic compounds shall be stored apart from food and shall be stored in an area which does not constitute a
hazard to the students.
(e) Where appropriate to the needs of the students, adequate fencing shall be provided around swimming pools, against busy
streets and around other hazardous areas.
(f) There shall be a written plan for the facility, which specifies actions and procedures to be followed in emergency situations.
(g) There shall be at least one telephone in each unit or component which is accessible for emergency use with the following
telephone numbers readily accessible at each telephone extension: police, fire and medical assistance, Central Abuse Hotline and the
area office’s on-call number if Agency clients are enrolled.
(10) Standards for Living and Dining Areas.
(a) A minimum of 35 square feet of combined living and dining area shall be provided per student of the living unit.
1. The facility shall have furnishings that are appropriate for the usual functions of daily living.
2. The furnishings shall be maintained in a clean and safely repaired condition.
(b) Kitchen.
1. The kitchen shall have an adequate number of utensils, supplies and equipment to serve the required number of meals for the
number of students in the facility.
2. Unsafe utensils and equipment shall not be used.
(c) Bedrooms.
1. Bedrooms shall be arranged so that privacy is assured for students.
2. A maximum of four students may share a bedroom.
3. Single bedrooms shall provide at least 80 square feet of usable floor space.
4. Multi-occupancy rooms shall provide at least 60 square feet per person of usable floor space.
5. Sole access to bedrooms shall not be through other bedrooms.
6. Enclosed wardrobes and/or individual dresser space shall be adequate for each student’s belongings.
7. Each student shall have an individual bed with a pillow and a clean, firm, comfortable mattress of suitable dimensions to
accommodate the student.
8. Each student shall have available bed linens appropriate to the season.
9. Bed linens shall be replaced with clean linens at least once a week or more frequently if required to promote hygiene.
10. Students shall be afforded reasonable opportunity to decorate private quarters in an individual style.
(d) Bathrooms.
1. Sole access to bathrooms shall not be through another individual’s bedroom.
2. A minimum of one toilet shall be provided for every six students.
3. A minimum of one tub or shower facility shall be provided for every eight students.
4. Bathrooms shall be well-ventilated by natural or mechanical methods.
5. Unless specifically contraindicated by program needs, privacy shall be assured for students when using bathroom facilities.
6. Each student shall be provided with a separate and appropriate place for toothbrushes and personal toiletry items.
7. Toilet and bathing area fixtures shall approximate normal patterns found in residential construction, except where specified
requirements shall be applicable for physically handicapped students or for special program needs.
(e) Laundry.
1. Laundry services and/or appliances for laundry shall be available within the facility, or commercially available within the
community.
2. The cost of laundry services for Agency is the responsibility of the facility, unless an exception is approved by the Area
Administrator.
(f) Maintenance.
1. The interior and exterior of the building shall be maintained in a manner to keep it clean and safe.
2. The grounds surrounding the facility shall be maintained in a safe condition, with all outdoor garbage, trash and other waste
materials kept in covered containers until removed. Such containers shall be emptied as often as is necessary to prevent public
nuisance, health hazards and unsightliness. Biohazardous waste shall be disposed in accordance with state and federal requirements.
3. The facility shall be kept free of any unnecessary accumulation that constitutes health and/or fire hazards.
4. Adequate storage space shall be available to accommodate students’ luggage and personal belongings.
5. The temperature and humidity shall be maintained within a normal comfort range and the heating apparatus shall not
constitute a burn hazard to the students.
6. The facility shall be maintained free of infestation of insects and rodents.
(g) Food Services.
1. The nutritional needs of students shall be met in accordance with dietary allowances as stated in the National Academy of
Sciences or other recognized publications.
2. Food services shall be reviewed at least every year by a registered dietitian or nutritionist. The dietitian’s recommendations
must be incorporated into the facility’s food services. Summaries of the consultations by a registered dietitian or nutritionist shall be
retained in the facility’s administrative records for two years from the date of consultation.
3. Food supplies available at the facility shall at all times include staples sufficient for five days.
4. Dietary practices, to the fullest extent practicable, shall be in keeping with religious requirements of the student’s faith if
requested by the student or guardian.
5. At least three meals shall be provided students at conventional times during each 24-hour period, whether or not students are
at the facility.
6. Daily menus shall be available. Substitutions shall be documented for dietitian’s review and approval.
7. All students, including those with multiple handicaps and the non-ambulatory shall be given the opportunity to eat in the
dining area except when prevented by health reasons. Where appropriate, students shall be encouraged to eat with staff members.
(11) Transportation.
(a) The facility shall provide or arrange for incidental transportation to events within the community.
(b) Vehicles operated by the facility for transportation of the student shall be maintained in a safe condition, have a current
license plate, have minimum insurance coverage as required by state law and shall be operated by a driver holding a valid Florida
driver’s license.
(c) As appropriate, adaptations to accommodate the physically handicapped shall be made to vehicles.
(d) The number of persons transported in a vehicle shall not exceed the number of available seats.
(e) Appropriate restraining devices shall be used in accordance with Florida law.
(12) Medications.
(a) The facility shall have written policies and procedures, developed in conjunction with a registered pharmacist, nurse or
physician governing the supervision and storage of drugs which provide an accountable system of medication distribution and
disposal of unused medications.
(b) Prescription medication shall be given to a student only on the written order of a licensed physician.
(c) Prescription medications shall be kept in a locked enclosure. Non-prescription medication shall be stored in an area which
does not constitute a hazard to the student. A competent student who is capable of self-administering medication may keep his/her
own medication but it cannot be accessible to other students.
(d) Prescription medication shall be kept in its original container with the original dated label to include prescription number,
directions for use, physician’s name, student’s name and address of issuing pharmacy.
(e) Students shall be encouraged to self-administer medication if determined appropriate.
(f) A daily record shall be kept of prescription and non-prescription medications administered students (excludes selfadministered medications) which shall include the student's name, date, time, dosage, name of medication and signature of person
administering the medication.
(13) Students’ Rights.
(a) The facility shall comply with all aspects of the Bill of Rights of Persons with Developmental Disabilities, Section 393.13,
F.S. Further, the facility shall establish and maintain:
1. An inter-disciplinary team to plan and implement the individual habilitation plan for students who are Agency clients.
2. Appropriately constituted committee, such as the program’s approved internal behavioral programming review committee, to
review the technical features of the behavioral program and adherence to rights in cases where the program includes restricted
procedures or abridgement of rights.
3. A process whereby informed consent of guardians of students can be obtained, in cases where restricted procedures are
employed, or rights abridged.
(14) Intake and Placement Procedures.
(a) The facility shall have written admission criteria and procedures which shall be available for public or Agency inspection.
(b) Referred students and their families shall be given an opportunity to visit the facility prior to placement.
(c) The facility shall receive referral material prior to each admission which includes current medical, behavioral, educational
and social data.
(d) All students shall be provided an orientation to the facility which is designed to lessen anxiety and acquaint the students with
the program.
(e) The Agency’s Area office staff shall be notified of any intended admission which varies from criteria established in the
facility’s application for license as a Comprehensive Transitional Education Program.
Specific Authority 393.067 FS. Law Implemented 393.063, 393.067 FS. History–New 7-31-91, Formerly 10F-6.013, 65B-6.013.
65G-2.015 Siting.
(1) This rule applies to facilities licensed by the Agency pursuant to Section 393.067, F.S., and this Rule Chapter. It does not
apply to those facilities licensed as foster care facilities which also utilize live-in caregivers.
(2) Definitions.
(a) “Dwelling unit” means a structure or part of a structure that is rented for use as a home, residence, or sleeping place by one
person or by two or more persons who maintain a common household.
(b) “Facility” means a home licensed by the Agency as described within Section 393.067, F.S., and this Chapter.
(c) “Foster care facility” means a residential facility licensed by the Agency as described within Chapter 393, F.S., which
provides a family living environment including supervision and care necessary to meet the physical, emotional and social needs of
its residents. The capacity of such a facility shall not be more than three residents.
(d) “Live-in caregivers” means those individuals who are responsible for rendering paid services and supports within a
residential facility to an individual with a developmental disability and whose primary residence is the same as that of the individual
to whom they are rendering the aforementioned services and supports.
(e) “Lot” means a parcel or tract of land described by reference to recorded plats or by metes and bounds, or the least fractional
part of subdivided lands having limited fixed boundaries or an assigned number, letter, or any other legal description by which it can
be identified.
(f) “Parcel” means a platted or unplatted lot, tract, unit, or other subdivision of real property within a community.
(3) All facilities seeking initial licensure or licensure in a different licensing category after the effective date of this rule must
fully comply with the requirements of Section 419.001, F.S., to the extent applicable.
(4) After the effective date of this rule, only one facility may be sited on a single parcel of land. An applicant may seek an
exception to this requirement in the following circumstances: If the facilities are located on a single parcel but are each located on a
part of the parcel that is separated from the other parts of the parcel by a body of water or a limited access highway (not intended for
an individual to cross on foot, or bicycle, by motor vehicle or other means of transport conveyance) that divides the parcel and
separates the facilities. Approval by the Agency Director or his/her designee must be obtained prior to licensure under this
exception.
(5) After the effective date of this rule, facilities may be sited on no more than two adjacent parcels of land. An applicant may
seek an exception to this requirement in the following circumstances: If the parcels are separated by a body of water or a limited
access highway (not intended for an individual to cross on foot, or bicycle, by motor vehicle or other means of transport
conveyance) that divides the parcels and separates the facilities. Approval by the Agency Director or his/her designee must be
obtained prior to licensure under this exception.
(6) Even with the aforementioned exceptions described within subsections (4) and (5) of this rule, there shall be not more than
three facilities within a radius of 1,000 feet. In addition, licensure of any facility located within 1,000 feet of another facility can
only occur if a variance is first granted by the appropriate local government unit in accordance with the provisions of Section
419.001, F.S.
(7) For purposes of this rule, distance shall be measured along a radius from the center of the actual parcel (where the new
proposed facility is to be located) in all directions. The facility seeking initial licensure or a change in an existing license shall be
included in the computation of numbers of facilities within a 1,000 foot radius.
Specific Authority 393.067, 393.501(2) FS. Law Implemented 393.063, 393.066, 393.067, 393.501 FS. History–New 8-1-05, Formerly 65B-6.014.