1. (1) The Agency shall deny an application for licensure if:

   1. (a) the applicant fails to provide the Agency with a complete application for licensure and has failed to respond to the Agency’s request for the missing information by the deadline set by the Agency;
   2. (b) the applicant or a controlling entity has an arrest awaiting final disposition for, has been found guilty of (regardless of adjudication), entered a plea of nolo contendere or guilty to, or has been adjudicated delinquent and the record has not been sealed or expunged for, any offense identified in sections 393.0655 or 435.04, F.S.;
   3. (c) the applicant or a controlling entity has had a license to operate a residential facility revoked by the Agency, the Agency for Health Care Administration (AHCA), the Department of Children and Families (DCF), Department of Juvenile Justice (DJJ), or the Department of Health (DOH);
   4. (d) the applicant or a controlling entity has had a previous disciplinary action taken against them by Medicaid or Medicare;
   5. (e) the applicant or a controlling entity has voluntarily relinquished a license to operate a residential facility in lieu of the Agency, AHCA, DCF, DJJ, or DOH pursuing an investigation or an administrative complaint against the applicant or a controlling entity;
   6. (f) the applicant fails to provide the Agency with satisfactory proof of financial ability to operate for up to 60 days without dependence upon payment from the state or other third-party fees;
   7. (g) the Agency’s monitoring of the applicant’s facility reveals violations of chapter 393, F.S., or this rule chapter that the applicant does not correct within the timeframe set by the Agency;
   8. (h) DCF has verified or substantiated that the applicant or a controlling entity, is responsible for the abuse, neglect, or abandonment of a child or the abuse, neglect, or exploitation of a vulnerable adult;
   9. (i) the applicant or the applicant’s agent or employee falsely represented or omitted a material fact in its license application submitted under section 393.067, F.S.;
   10. (j) the applicant or a controlling entity has had a professional license revoked by a state licensing entity; or
   11. (k) the Agency, AHCA, DOH, DJJ, or DCF have taken or are in the process of taking disciplinary action against the applicant’s or a controlling entity’s other licensed facility or facilities.

2. (2) In evaluating an application for licensure or renewal, the Agency shall consider whether DCF has verified or substantiated that the applicant’s employee is responsible for the abuse, neglect, or abandonment of a child or the abuse, neglect, or exploitation of a vulnerable adult. In conducting the evaluation, the Agency shall consider the following factors:

   1. (a) the severity of the nature of the incident;
   2. (b) whether the incident involved the abuse, neglect, exploitation, abandonment, death, or serious physical or mental injury of a resident or participant;
   3. (c) any remedial actions taken by the applicant in response to the incident and the timeliness of such actions;
   4. (d) whether the applicant was aware of the incident, was willfully ignorant of the incident, or attempted to conceal the incident;
   5. (e) the number of individuals impacted by the incident;
   6. (f) whether the applicant reported the incident within the timeframes described in this rule chapter;
   7. (g) whether the applicant has cooperated with the Agency or any other investigating regulatory or law enforcement agency regarding the incident(s);
   8. (h) whether there have been repeat instances of the same or similar incident(s), with consideration of the amount of time that has passed between incidents;
   9. (i) whether an incident(s) involved more than one employee of the applicant; and
   10. (j) any other relevant mitigating or aggravating factors.
3. (3) This rule is in addition to any disciplinary action listed in Rule 65G-2.0041, F.A.C.

Rulemaking Authority 393.067(1), 393.067(7), 393.0673(8), 393.501(1) FS. Law Implemented 393.067, 393.0673 FS. History–New 8-13-78, Formerly 10F-6.03, 10F-6.003, 65B-6.003, Amended 7-1-14, 2-27-25, 3-26-26.