AFCH License Information
AFCH LICENSE REQUIREMENTS
In the State of Florida, all adult family care homes (AFCHs) must obtain and maintain an AFCH license from the Agency for Health Care Administration(AHCA) Assisted Living Unit.
For the purposes of licensing, an "adult family care home" means a full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care, on a 24-hour basis, for no more than five (5) disabled adults or frail elders who are not relatives.
It is unlawful to own, operate, or maintain an AFCH without obtaining/maintaining a current AFCH license. Any person who owns, operates, or maintains an unlicensed AFCH commits a felony of the third degree. AFCH licenses are required to be posted in a common area.
AFCH LICENSE APPLICATION/RENEWAL/FEES
Each person who intends to be an adult family care home provider must apply for a license from the agency at least 90 days before the applicant intends to operate the adult family care home.
A complete license application packet, including forms and instructions, may be obtained by submitting a written request to AHCA, or the application packet may be downloaded electronically from the (AHCA) Assisted Living Unit. Written requests should be forwarded to:
AGENCY FOR HEALTH CARE ADMINISTRATION
ASSISTED LIVING UNIT
2727 MAHAN DRIVE, MS #30
TALLAHASSEE, Fl 32308-5403
NOTE: There is a $10 fee for mailed copies of the license application. Written requests should include a check made payable to the Agency for Health Care Administration.
A person who intends to be an adult family care home provider must own or rent the adult family care home that is to be licensed and reside therein. Application for a license or annual license renewal must be signed under oath, and shall be accompanied by a licensing fee of
$217 every two years.
Unless the adult family care home is a community residential home subject to chapter 419, the applicant must provide documentation, signed by the appropriate governmental official, that the home has met local zoning requirements for the location for which the license is sought.
Access to a licensed adult family care home must be provided at reasonable times for the appropriate officials of the department, the Department of Health, the Department of Children and Family Services, the agency, and the State Fire Marshal, who are responsible for the development and maintenance of fire, health, sanitary, and safety standards, to inspect the facility to assure compliance with these standards. In addition, access to a licensed adult family care home must be provided at reasonable times for the district long-term care ombudsman council.
A license is not transferable or applicable to any location or person other than the location and person indicated on the license. Any license granted by the agency must state the maximum resident capacity of the facility, the type of care for which the license is granted, the date the license is issued, the expiration date of the license, and any other information deemed necessary by the agency.
Although the maximum number of residents is limited to five (5) disabled adults or frail elders who are not relatives of the provider, the actual licensed capacity of each adult family care home shall be based on the service needs of the residents and the capability of the provider to meet the needs of the residents. Adult relatives of the provider who require personal care and supervision and reside in the home for more than 30 days shall be considered residents only for the purposes of determining capacity.
NOTE: Each adult family care home must designate at least one licensed space for a resident receiving Optional State Supplementation. The Department of Children and Family Services shall specify by rule the procedures to be followed for referring residents who receive optional state supplementation to adult family care homes. Those homes licensed as adult foster homes or assisted living facilities prior to January 1, 1994, that convert to adult family care homes, are exempt from this requirement.
AFCH LICENSE EXEMPTIONS
Pursuant to Chapter
429.65, F.S., certain entities may be exempt from AFCH licensure:
- An arrangement whereby the person who owns or rents the home provides room, board, and personal services for not more than two adults who do not receive optional state supplementation under s. 409.212. The person who provides the housing, meals, and personal care must own or rent the home and reside therein.
- An arrangement whereby the person who owns or rents the home provides room, board, and personal services only to his or her relatives.
- An establishment that is licensed as an assisted living facility under Chapter
429, Part I,