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DOEA Rulemaking

The rules included in this section are rules in development or are proposed rules. These rules have not been adopted in final form. For current adopted rules, please refer to DOEA Rules and Statutes.

Update on Emergency Generator Power Rule for Assisted Living Facilities

On March 9, 2018, the Florida Legislature ratified Department of Elder Affairs rule 58A-5.036, Florida Administrative Code. A copy of the rule can be found here: http://elderaffairs.state.fl.us/doea/rulemaking/Rule_58A-5.036.pdf

Assisted Living Facilities now have until June 1, 2018, to come into compliance with the requirements of the rule. Emergency management plans should be submitted to the facility’s local emergency management office. Please consult the rule for more details.

The rule states that only the Agency for Health Care Administration can grant waivers, variances, or extensions of time for compliance with the rule beyond June 1, 2018.

Therefore, the Department cannot accept any waivers concerning Rule 58A-5.036. However, the Department wants to ensure that you file your waiver in the correct place and have all the available information and resources regarding filing a waiver.

Waivers, Petitions for hearing, and other pleadings filed pursuant to the administrative process of Chapter 120, Florida Statutes may be filed with the Agency for Health Care Administration by any of the following methods:

Electronic filing through the Agency’s website at http://apps.ahca.myflorida.com/Efile

Facsimile transmission to (850) 921-0158;

U.S. mail or courier sent to the Agency Clerk at:
Agency Clerk
2727 Mahan Drive
Mail Stop #3
Tallahassee, Florida 32308.

Or hand delivery at:
2727 Mahan Drive
Ft. Knox Building #3,
Tallahassee, Florida 32308.

Additional information regarding variances and waivers can be found here: “Variances and waivers” section 120.542, Florida Statutes: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0120/Sections/0120.542.html
Rule Chapter 28-104, Florida Administrative Code: https://www.flrules.org/gateway/ChapterHome.asp?Chapter=28-104

Federal Aging Programs


Purpose And Effect: The Department of Elder Affairs announces the commencement of rulemaking proceedings to implement statutory changes to Parts I and II of ch. 744, F.S., and to the Department’s oversight of public and professional guardians.

Subject Area To Be Addressed: The rulemaking will establish standards of practice, complaint investigations, disciplinary guidelines, and enforcement procedures for public and professional guardians as well as implement revision of rules as needed based on legislative changes.