1. (1) Maximum number of residents in each facility.

   1. (a) A facility shall not serve more clients than the maximum capacity, as stated on the license.

   2. (b) The licensed capacity shall be determined by the Agency after consideration of the following, as described in Rule 65G-2.007, F.A.C., General Residential Facility Standards:

      1. the individual needs of each resident;

      2. the number of staff members and direct service providers, and each staff member’s or direct service provider’s qualifications;

      3. the experience, education, and qualifications of the facility operator or owner;

      4. the type of services provided; and

      5. any limitations imposed by the Fire Marshal and other relevant federal, state, and local authorities.

   3. (c) The Agency shall reassess the maximum number of residents that may be served by a facility at any time the licensee requests a change of the facility’s capacity determination. This shall be reviewed using the criteria listed under paragraph (1)(b) of this rule and:

      1. the level of active and appropriate supervision as evidenced by the staffing pattern and the number of staffing hours provided;

      2. the frequency and severity of incident reports and violations that occurred or were identified during the current or preceding licensure year, which could be reasonably attributable to the number of residents served by the facility; and

      3. the licensee’s response and cooperation with the Agency and whether the licensee has completed all Corrective Action Plans.

   4. (d) If a licensee requests to increase the capacity of the facility, the licensee must submit a request to the Regional Office in writing at least 30 days prior to the proposed change. The request must:

      1. include documentation showing that the licensee has successfully passed a fire inspection; and

      2. demonstrate that the facility is in compliance with any local governmental or municipal zoning requirements as defined in section 419.001, F.S., and Rule 65G-2.015, F.A.C.

   5. (e) The Agency shall monitor the facility and reassess the staffing pattern and the number of staff whenever it receives a request for capacity increase.
   6. (f) If the request is approved, the Agency shall issue an amended license setting forth the new maximum capacity for the remainder of the previously existing license.
   7. (g) The Agency may waive the 30-day prior notice requirement in paragraph (1)(d) of this rule due to an emergency or natural disaster wherein the licensee, after consultation and approval by the Agency, may increase the capacity of the facility.
2. (2) Census – the Licensee shall maintain one census, for each license issued, of residents living at the facility, regardless of whether they are clients of the Agency. The census information shall include the names, dates of birth, and if the resident is a client, the level of waiver services reimbursement, and client eligibility diagnosis. For changes to the census the licensee shall inform the Agency in writing prior to any change in the census to include an updated census. The updated census shall be sent to the Agency within five calendar days.

3. (3) Needs and characteristics of residents in each facility.

   1. (a) Each facility licensed under this rule chapter shall serve only those residents whose characteristics, level of care, age, and sex are included on its license application.

   2. (b) The Agency shall determine the needs and characteristics of residents who may be served by a facility based on a review of the following:

      1. the layout, accessibility, and use of the facility;

      2. the number of staff and direct care providers employed by the facility;

      3. qualifications of staff; and

      4. the level of care and services needed by the residents.

   3. (c) The Agency shall reassess the characteristics of residents that may be served by a facility at any time the licensee requests a change of the facility’s capacity. This shall be reviewed using the criteria listed under paragraph (3)(b) of this rule and:

      1. the level of active and appropriate supervision as evidenced by the staffing pattern and the number of staffing hours provided;

      2. the frequency and severity of incident reports and violations that occurred or were identified during the current or preceding licensure year, which could be reasonably attributable to the characteristics of residents served by the facility; and

      3. the licensee’s response and cooperation with the Agency and whether the licensee has completed all Corrective Action Plans.

   4. (d) If a licensee wishes to change the level of care, age, or sex of residents that may be served in the facility from what was specified within the licensee’s most recent application for licensure, the licensee shall notify the Regional Office in writing 30 days prior to the proposed change. The Agency shall reinspect the facility if changes in the needs and characteristics of services provided or the level of care, age, or sex of residents served require additional modification to the home or staffing requirements. Upon approval the Agency shall inform the licensee and update the appropriate electronic systems to reflect the new needs and characteristics of residents served.
4. (4) The Agency’s evaluation of the characteristics, level of care and demographics of the facility’s residents or maximum number of residents served by a facility does not constitute a determination that the licensed facility is being operated in a safe or effective manner, a determination that the facility is acting in full compliance with the licensing requirements of this chapter, or a determination that any individual staff member employed by the facility is qualified or properly trained to serve the facility’s residents.

Rulemaking Authority 393.067(1), 393.067(7), 393.501(1) FS. Law Implemented 393.067 FS. History–New 8-13-78, Formerly 10F-6.02, 10F-6.002, 65B-6.002, Amended 7-1-14, 3-26-26.