For the purposes of this chapter, the term:

1. (1) “Adult Day Training Program” means the same as in section 393.063, F.S.
2. (2) “Agency” means the Agency for Persons with Disabilities.
3. (3) “Applicant” means a person or entity that has submitted a written application to the Agency for the purposes of obtaining an initial license or renewing an existing license in accordance with section 393.067, F.S.
4. (4) “Behavior Analyst” means a person certified under Chapter 65G-4, F.A.C.
5. (5) “Benefit payments” has the same meaning as set forth in section 402.33, F.S.
6. (6) “Change of ownership” means the process set forth in Rule 65G-2.0021, F.A.C., further defined as an event in which the controlling interest changes to a different person or entity through sale, lease, contract, gift, etc., or in which 45 percent or more of the ownership, controlling interest, or voting shares, or controlling interest in a corporation whose shares are not publicly traded on a recognized stock exchange are transferred or assigned, including the final transfer or assignment of multiple transfers or assignments taking place over a 2-year period that cumulatively total 45 percent or greater. A change solely in the management company or board of directors is not a change of ownership.
7. (7) “Client” has the same meaning as in Section 393.063, F.S.

8. (8) “Controlling interest” means:

   1. (a) The applicant or licensee;
   2. (b) A person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the applicant or licensee; or
   3. (c) A person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the management company or other entity, related or unrelated, with which the applicant or licensee contracts to manage the facility.
   4. (d) This term does not include a voluntary board member or the ownership or legal authority of the property on which the facility is located.
9. (9) “Corrective Action Plan” is a mutually agreed upon plan prepared by the licensee and approved by the Agency by which the corrective action will be accomplished. Corrective Action Plans may be issued as a part of a Notice of Noncompliance.
10. (10) “Covered person” is as defined in section 393.135, F.S.
11. (11) “Direct Care Core Competency Training” means the training described and mandated by the Florida Medicaid Developmental Disabilities Individual Budget Waiver Services Coverage and Limitations Handbook (“iBudget Handbook”), which is incorporated by reference in Rule 59G-13.070, F.A.C.
12. (12) “Direct service provider” is as defined in Section 393.063, F.S.
13. (13) “Entity” means a partnership, association, joint venture, company, sole proprietorship, corporation, limited liability corporation, professional limited liability corporation, or any other form of business.
14. (14) “Essential care” means care and follow-up measures that are medically necessary and directed by the resident’s treating physician, health care practitioner, behavior analyst, or mental health professional for the purpose of continuing an ongoing course of treatment or therapy for an illness, injury, medical condition, or diagnosis until such time as such care and follow-up measures are no longer directed or recommended by the treating practitioner.
15. (15) “Federal benefit rate” means the amount of money the Federal government provides to recipients of the Supplemental Security Income (“SSI”) program for a particular calendar year.
16. (16) “Governing Authority” shall mean the organization, person, or persons designated to assume full legal responsibility for the determination of policy, management, operation, and financial viability of the ADT program. This includes the licensee.
17. (17) “Household members” means residents, live-in staff, family members of live-in staff, and any other person residing in the facility.

18. (18) “Legal representative” means:

    1. (a) for a resident or participant under the age of 18 years, to include the parents of a minor child whose rights have not been terminated, health care surrogate appointed by a Florida court to represent the child or anyone designated by the parent(s) of the child to act on the parent(s)’ behalf (e.g., due to military absence), or anyone appointed by a Florida court as a guardian or guardian advocate under Chapter 393 or 744, F.S.
    2. (b) for resident or participant age 18 years or older, anyone designated by the resident or participant through a Power of Attorney or Durable Power of Attorney, a medical proxy under Chapter 765, F.S., health care surrogate, or anyone appointed by a Florida court as a guardian or guardian advocate under Chapter 393 or 744, F.S.
19. (19) “Licensee” means a person or entity which has been issued and currently holds a valid license from the Agency.
20. (20) “Live-in staff” means direct service provider(s) whose primary residence is the same as that of the residents for whom they are providing supports and services.
21. (21) “Local Review Committee (LRC)” means the committee established pursuant to Rule 65G-4.008, F.A.C., to provide oversight of behavioral services to Agency clients in a service region.
22. (22) “Monitor” or “monitoring” means an on-site inspection conducted by Agency staff for the purpose of determining compliance with chapter 393 and rules adopted thereunder.
23. (23) “Notice of Noncompliance” means a notification issued by the Agency to a licensee in response to a minor violation of a rule and prior to imposing an administrative disciplinary action, as described in section 120.695, F.S.
24. (24) “Operator” means the person and/or entity responsible for the management and administration of a facility.
25. (25) “Other Location” means for purposes of the incident reporting requirements under Section 393.067, F.S., any location within the community where the resident or client may be located while not under the supervision of a covered person.
26. (26) “Parcel” means the same as a “lot” as that term is defined in Section 177.031, F.S.
27. (27) “Participant” means any person, regardless of whether such person is a client of the Agency, who participates in services provided by the Adult Day Training Program.
28. (28) “Personal needs allowance” means funds set aside from benefit payments and third-party payments to provide for the client's current maintenance and incidental personal expenses.
29. (29) “Physical harm” means a bodily injury or illness requiring first aid or any other medical procedures.
30. (30) “Plan of Remediation” means the plan established by the Agency to be followed by the licensee in order to correct a violation of rule as part of an administrative complaint. Failure to timely complete a Plan of Remediation will constitute an additional rule violation.
31. (31) “Provider” means any program or facility for the care, treatment, training, residence or habilitation of persons with developmental disabilities that is licensed by the Agency or receives funds from the Agency through a contract. A provider does not include a spouse, family member or guardian with whom a person with developmental disabilities resides or a provider covered under the provisions of Part VIII of Chapter 400, F.S.
32. (32) “Regional Office” means the primary office for a service region of the Agency for Persons with Disabilities.
33. (33) “Resident” means any person with a developmental disability whose primary place of residence is a facility, , as defined in subsection 65G-2.001(14), F.A.C., and section 393.063, F.S., whether or not such person is a client of the Agency.
34. (34) “Residential facility” or “Facility” is as defined in section 393.063, F.S. A facility includes all buildings and grounds included in the physical address of the license. The following are facilities: foster care facility, group home facility, or residential habilitation center as defined in section 393.063, F.S.
35. (35) “Representative payee” has the same meaning as set forth in section 402.33, F.S.
36. (36) “Residential habilitation” has the same meaning as set forth in section 393.063, F.S.
37. (37) “Room and board payment” means a limited reimbursement by the Agency to a residential facility providing residential habilitation and room and board to a client, to cover the cost of providing food and shelter to a client in accordance with chapter 393, F.S., and chapter 65G-2, F.A.C.
38. (38) “Routine or preventive” means physical or mental health care other than essential care, such as routine examinations, annual check-ups, or preventive screenings and dental care and cleanings.
39. (39) “School” is as defined in Section 1003.01, F.S., for purposes of the incident reporting requirements under Section 393.067, F.S.
40. (40) “Self-determination” is as defined in Section 393.063, F.S.
41. (41) “Sexual activity” is as defined in Section 393.135, F.S.
42. (42) “Sexually aggressive resident” means a minor who is an alleged juvenile sexual offender, as defined in Section 985.475, F.S., or an adult who is documented to have committed an act of sexual abuse as that term is defined in Section 415.102, F.S.
43. (43) “Third-party benefits” has the same meaning as set forth in section 402.33, F.S.
44. (44) “Voluntary board member” means a board member of a not-for-profit corporation or organization who serves solely in a voluntary capacity, does not receive any remuneration for their service to the corporation or organization, and has no financial interest in the corporation or organization.
45. (45) “Welfare” means care which promotes those rights enumerated in Sections 393.13(3) and (4), F.S.
46. (46) “Zero Tolerance” means Agency initiated activities, such as education and training, which are intended to prevent occurrences of abuse, neglect, exploitation, and abandonment involving persons with developmental disabilities and to facilitate quicker identification and reporting of potentially harmful situations and environments in which abuse, neglect, exploitation, or abandonment may arise.
47. (47) This Rule shall be reviewed, and if necessary, renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 393.066, 393.0662, 393.067, 393.501, 402.33 FS. Law Implemented 393.066, 393.0662, 393.067, 393.13, 402.33 FS. History‒New 7-1-14, Amended 7-1-18, 8-17-23, 2-27-25.