1. (1) Notice of Noncompliance.

   1. (a) The Agency shall issue a Notice of Noncompliance as provided under section 120.695, F.S., in response to the first occurrence of a minor violation unless corrected before the completion of the on-site monitoring which identified the minor violation.

   2. (b) The Agency shall include at a minimum the following with a Notice of Noncompliance:

      1. The specific rule that is being violated;

      2. Information on how to comply with the rule, which may include directions for the licensee to formulate a Corrective Action Plan as set forth in subsection (2); and

      3. A specific time frame within which the licensee must take corrective action to come into compliance with the rule.

2. (2) Corrective Action Plan.

   1. (a) Within 15 calendar days following the receipt of a Notice of Noncompliance, the licensee must submit a proposed written Corrective Action Plan to the designated regional office. Corrective Action Plan within the required timeframe or repeat occurrences of same or similar violations shall result in the imposition of disciplinary action as described in paragraph 65G-2.0041(4)(b) or (c), F.A.C. For the purposes of this subsection, a first occurrence of a violation refers to those violations which have not been previously observed and cited by Agency staff within the past 12 months.

   2. (b) The Corrective Action Plan shall specify in writing all the following:

      1. The specific actions the facility will take to correct each of the violations identified and to comply with the applicable licensing requirements;

      2. The name(s) of the staff person(s) responsible for completing each action; and

      3. A timeframe for accomplishing each action.

   3. (c) The Agency shall reject any proposed Corrective Action Plan that fails to identify all of the information defined in paragraph (2)(b) of this rule.
   4. (d) If the Agency rejects a Corrective Action Plan, the Agency shall notify the licensee in writing of the reasons for rejection and shall state that the licensee has 10 days from receipt of the notification to submit an amended Corrective Action Plan. If the licensee fails to timely submit an amended Corrective Action Plan that addressed the deficiencies defined in the 10-day notice sent by the Agency, the Agency shall consider this to be an additional violation(s).
   5. (e) All action taken to correct a violation shall be documented in writing by the licensee.
   6. (f) Failure to fully come into compliance with the rule specified in the Notice of Noncompliance or comply with the terms of a Corrective Action Plan shall result in the imposition of disciplinary action as defined in Rule 65G-2.0041, F.A.C. This includes imposing disciplinary action based on both the underlying violation and on the failure to timely correct the underlying violation after receipt of a Notice of Noncompliance or Corrective Action Plan that was approved or provided 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 7-1-14, Amended 1-23-25, 3-26-26.