STANDARD ALF LICENSE REQUIREMENT
In the State of Florida, all assisted living facilities (ALF) must obtain and maintain a standard license from the Agency for Health Care Administration (AHCA) Long Term Care Unit.
For the purposes of licensing, an "assisted living facility" means any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management, to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator.
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.
It is unlawful to own, operate, or maintain an ALF without obtaining/maintaining a current ALF license. Any person who owns, operates, or maintains an unlicensed ALF commits a felony of the third degree. ALF licenses are required to be posted in a common area.
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 Long Term Care Unit. Written requests should be forwarded to:
AGENCY FOR HEALTH CARE ADMINISTRATION
LONG TERM CARE 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.
ALF LICENSE APPLICATION / RENEWAL FEES
As of March, 2011, the biennial license fee required of a facility is $371 per license, with an additional fee of $62 per resident based on the total licensed resident capacity of the facility, except that no additional fee will be assessed for beds designated for recipients of Optional State Supplementation payments provided for in s. 409.212. The total fee may not exceed $13,644, no part of which shall be returned to the facility. Extended Congregate Care (ECC) and Limited Nursing Services (LNS) license fee are charged in addition to the fee for the standard license. ECC license fees are $523 per ECC license, with an additional $10 per bed fee on total licensed resident capacity. LNS fees are $309 per LNS license, with an additional $10 per bed fee on total licensed resident capacity. ECC & LNS license fees are in addition to the fee for the standard license. There are no additional licensure fee for LMH license.
The AHCA Long Term Care Unit shall adjust the per bed license fee and the total licensure fee annually by not more than the change in the consumer price index based on the 12 months immediately preceding the increase.
NOTE: The agency may adjust the per bed and the total licensure fee annually based on the change in the consumer price index.
ALF LICENSE EXEMPTIONS
429.04 Facilities to be licensed; exemptions.
(1) For the administration of this part, facilities to be licensed by the agency shall include all assisted living facilities as defined in this part. (2) The following are exempt from licensure under this part:
(a) Any facility, institution, or other place operated by the Federal Government or any agency of the Federal Government.
(b) Any facility or part of a facility licensed under chapter 393 or chapter 394.
(c) Any facility licensed as an adult family-care home under part II.
(d) Any person who provides housing, meals, and one or more personal services on a 24-hour basis in the person’s own home to not more than two adults who do not receive optional state supplementation. The person who provides the housing, meals, and personal services must own or rent the home and reside therein.
(e) Any home or facility approved by the United States Department of Veterans Affairs as a residential care home wherein care is provided exclusively to three or fewer veterans.
(f) Any facility that has been incorporated in this state for 50 years or more on or before July 1, 1983, and the board of directors of which is nominated or elected by the residents, until the facility is sold or its ownership is transferred; or any facility, with improvements or additions thereto, which has existed and operated continuously in this state for 60 years or more on or before July 1, 1989, is directly or indirectly owned and operated by a nationally recognized fraternal organization, is not open to the public, and accepts only its own members and their spouses as residents.
(g) Any facility certified under chapter 651, or a retirement community, may provide services authorized under this part or part III of chapter 400 to its residents who live in single-family homes, duplexes, quadruplexes, or apartments located on the campus without obtaining a license to operate an assisted living facility if residential units within such buildings are used by residents who do not require staff supervision for that portion of the day when personal services are not being delivered and the owner obtains a home health license to provide such services. However, any building or distinct part of a building on the campus that is designated for persons who receive personal services and require supervision beyond that which is available while such services are being rendered must be licensed in accordance with this part. If a facility provides personal services to residents who do not otherwise require supervision and the owner is not licensed as a home health agency, the buildings or distinct parts of buildings where such services are rendered must be licensed under this part. A resident of a facility that obtains a home health license may contract with a home health agency of his or her choice, provided that the home health agency provides liability insurance and workers’ compensation coverage for its employees. Facilities covered by this exemption may establish policies that give residents the option of contracting for services and care beyond that which is provided by the facility to enable them to age in place. For purposes of this section, a retirement community consists of a facility licensed under this part or under part II of chapter 400, and apartments designed for independent living located on the same campus.
(h) Any residential unit for independent living which is located within a facility certified under chapter 651, or any residential unit which is colocated with a nursing home licensed under part II of chapter 400 or colocated with a facility licensed under this part in which services are provided through an outpatient clinic or a nursing home on an outpatient basis.
History.—ss. 4, 5, ch. 75-233; ss. 12, 15, ch. 80-198; s. 2, ch. 81-318; ss. 42, 79, 83, ch. 83-181; s. 4, ch. 87-371; s. 4, ch. 91-263; ss. 3, 38, 39, ch. 93-216; s. 19, ch. 93-268; s. 2, ch. 94-206; s. 1055, ch. 95-148; s. 8, ch. 95-210; s. 2, ch. 98-80; s. 1, ch. 98-148; ss. 2, 30, ch. 2006-197.
Note.—Former s. 400.404.
CHANGE OF OWNERSHIP
A license shall be valid only in the possession of the individual, firm, partnership, association, or corporation to which it is issued and shall not be subject to sale, assignment, or other transfer, voluntary or involuntary; nor shall a license be valid for any premises other than that for which originally issued.
it is the intent of the Legislature to protect the rights of the residents of an assisted living facility when the facility is sold or the ownership thereof is transferred. Therefore, whenever a facility is sold or the ownership thereof is transferred, including leasing:
The transferee (buyer) shall make application to the AHCA Assisted Living Unit for a new license at least 60 days before the date of transfer of ownership.
The transferor (seller) shall notify the AHCA Assisted Living Unit in writing at least 60 days before the date of transfer of ownership.
The new Owner shall notify the residents, in writing, of the transfer of ownership within seven days of his or her receipt of the license.