1. (1) Application Required. A license to operate a facility or program is not assignable or transferable and is valid only for the individual, entity, premises, and purposes specified on the license.
2. (2) The transferring facility or program is the licensee, and the receiving or transferee facility or program is the applicant.
3. (3) A change of ownership of a facility or program is not a transfer of the license itself consistent with Rule 65G-2.002, F.A.C.

4. (4) The licensee and applicant are jointly responsible for providing written notice to the Agency 90 days prior to the intended change of ownership. Failure to notify the Agency will result in disciplinary action. The notice shall be in writing and shall include:

   1. (a) intended effective date of closure, transfer, or purchase;
   2. (b) name of the licensee;
   3. (c) name of the new entity, if applicable;
   4. (d) signature of the licensee; and
   5. (e) copy of any business agreement(s), purchasing agreement(s), or other changes of ownership agreement(s) between the licensee and the applicant.
5. (5) Copies of the notice must be provided to the licensee, the applicant, and the Agency.
6. (6) (a) The applicant’s failure to provide adequate and timely notice of a facility’s or program’s intent to take over operation of the facility or program shall be considered during the review of the applicant’s initial application by the receiving facility or program or controlling interest, including whether there are any residents or participants remaining in the facility or program.
7. (b) The licensee’s failure to provide adequate and timely notice of a facility’s or program’s intent to complete a change of ownership under this rule shall be considered during the review of any future applications of the transferring facility or program or controlling interest, including whether there are any residents or participants remaining in the facility or program.
8. (7) A person or entity that has received the business ownership of a facility or program by way of a transfer must still submit an application for licensure and receive a license before it may operate as a facility or program under section 393.067, F.S.

9. (8) The applicant, or receiving facility or program, must submit a license application using License Application Form 65G-2.002-A (December 2025), which is incorporated by reference in Rule 65G-2.002, F.A.C., to the Agency 60 days prior to the intended effective date of the change of ownership.

   1. (a) A license application must include the intended effective date of the change of ownership.
   2. (b) The change of ownership intended effective date cannot be prior to the date the application is received and approved by the Agency.
   3. (c) Failure to submit an application for licensure prior to the intended effective date of a change of ownership to a different legal entity constitutes unlicensed activity.
   4. (d) Both the licensee and applicant facility or program are jointly and severally liable under this rule chapter for any lapse in the continuity of care due to an improper change in ownership as outlined in this rule.
   5. (e) All required application documents and information must be received with the application or within 21 days of the request by the Agency with the exception of the transferee’s proof of a written right to occupy, which includes and is not limited to, a lease, contract for sale of the property, or other written record of the right to occupy.
10. (9) When the licensee’s license application is submitted for renewal, the pending renewal will be administratively withdrawn from review if the applicant’s initial application is approved with an effective date prior to the expiration of the licensee’s license.
11. (10) Expiration of the licensee’s license prior to the approval of the applicant’s initial license application, when no renewal application has been submitted, may result in the denial of an applicant’s initial license application.
12. (11) If the applicant has not been issued the license on the effective date of the change of ownership, documentation must be submitted by the licensee that provides for continuation of operation of the licensee for those days between the date of the change of ownership and the date the applicant is licensed by the Agency.

Rulemaking Authority 393.067(1), 393.067(7), 393.0673(8), 393.501(1) FS. Law Implemented 393.067, 393.0673 FS. History–New 3-26-26.