1. (1) The licensee shall employ adequate staff to maintain the facility in a manner that promotes and ensures the health, safety, and welfare of residents, and protects nonresidents from any known dangerous behaviors that the residents exhibit. At a minimum, the licensee shall maintain the staffing pattern sufficient to accommodate the number and characteristics of the residents it offers to serve in its most recent application for licensure and as approved by the Agency.

   1. (a) The Agency shall consider the following when deciding whether a facility has adequate staff to maintain the facility:

      1. the documented level of need for each resident;

      2. state and/or federal requirements;

      3. behavior plan;

      4. support plan;

      5. safety plan;

      6. medically ordered care;

      7. additional staffing needs identified by licensee for residents funded through other means;

      8. court orders, if applicable;

      9. the number of residents and their unique service requirements;

      10. the competency, training, and education of staff; and

      11. the range of services offered.

   2. (b) It is the licensee’s responsibility to provide adequate staffing levels to meet the health and safety needs of each resident, even if the staffing levels exceed the minimum identified for the facility. All staffing patterns must meet the minimum requirements set forth in this rule and other applicable rules as residents move in or out of the facility or when the identified level of need changes.

2. (2) Direct Service Provider Qualifications.

   1. (a) A direct service provider shall be at least 18 years of age.
   2. (b) A direct service provider must undergo employment screening as required by section 393.0655, F.S., and chapter 435, F.S. The licensee shall be responsible for ensuring that every direct service provider in the facility has complied with section 393.0655, F.S., and chapter 435, F.S. Any staff or volunteers, including direct service providers, managers, supervisors, and licensees that do not meet eligibility under section 393.0655, F.S. and chapter 435, F.S., must not provide direct care services or have access to any resident, resident funds, or resident living setting.
   3. (c) A direct service provider must have at least a high school diploma or the equivalent. When determining the equivalency of high school diplomas, providers may accept official transcripts, affidavits from educational institutions, and other formal or legal documents that can be reasonably used to determine educational background. A direct service provider hired using the licensee’s best judgment prior to July 1, 2014, and who has remained continuously employed by the licensee is exempt from this screening requirement.

   4. (d) Prior to beginning employment, a direct service provider must have:

      1. At least one year of experience in a medical, psychiatric, nursing or childcare setting, or other environment where he or she worked directly with persons with a developmental disability.

      2. Successfully completed college, vocational or technical training equal to 30 semester hours, 45 quarter hours, or 720 classroom hours in special education, mental health, counseling, guidance, social work or health and rehabilitative services can substitute for the required experience.

   5. (e) A direct service provider hired by the licensee prior to July 1, 2014, and who has remained continuously employed by the licensee, shall be exempt from this subsection.

   6. (f) The requirements in paragraph (2)(d) of this rule may be waived if the facility meets the following conditions with respect to its staff and provides the written notification discussed in paragraph (2)(g) of this rule:

      1. A direct service provider who does not meet the experience requirements must spend his or her first 90 days of employment working directly under the supervision or oversight of another direct service provider who meets the requirements. For purposes of this section, “direct supervision or oversight” means a direct service provider who meets the experience requirements and is physically present and immediately available to provide assistance to the new direct service provider who does not meet the experience requirement. For purposes of this section, “physically present” means under the same contiguous roof line.

      2. With respect to transporting residents, the direct service provider who does not meet the experience requirement may take residents out of the facility only if accompanied by another direct service provider who meets the one-year experience requirement. In those instances, the experienced direct service provider must remain, at all times, within 100 feet of the direct service provider who does not meet the one-year experience requirement.

   7. (g) If the licensee makes an arrangement as described in paragraph (2)(f) of this rule the licensee shall provide written notification to the Regional Office no later than five days after the direct service provider starts employment with the licensee. This notification must include the name of the direct service provider and the facility in which he or she will be working.
   8. (h) If the licensee makes an arrangement described in paragraph (2)(f) of this rule, the licensee shall also conduct a performance evaluation of any direct service provider employed under subparagraphs (2)(f)1. or 2. of this rule no later than 120 days after the direct service provider began his or her employment with the licensee. This performance evaluation shall, at a minimum, include an assessment of the direct service provider’s ability to perform the prescribed duties of his or her position. Documentation of this performance evaluation shall be maintained within the personnel file of the direct service provider and made available to the Agency upon request.

3. (3) Required Skills for All Direct Service Providers.

   1. (a) A direct service provider must be capable of effective communication with the residents of the homes as well as other individuals such as support coordinators, Agency staff, family members of residents, and others who routinely interact with residential staff.
   2. (b) A direct service provider must be mentally competent to comprehend, comply with, and implement all requirements provided by law and Agency rule for the provision of services rendered to residents of their facilities.
   3. (c) A direct service provider must be physically capable of performing duties for which he or she is responsible.

4. (4) Safety Standards.

   1. (a) A direct service provider shall not be under the influence of alcoholic beverages, medications, or other substances to the extent his or her normal faculties are impaired. For the purposes of this paragraph “normal faculties” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to perform the mental and physical acts of daily life and employment duties.

   2. (b) Licensees are responsible for ensuring that a direct service provider who transports clients has a valid driver’s license.

      1. A direct service provider responsible for transporting clients shall not possess driving violations, committed within the past three years, which relate to driving under the influence of alcohol or drugs or any other moving violation(s) which resulted in the suspension or revocation of that direct service provider’s license.

      2. Licensees must update their staff’s driving history on an annual basis.

      3. A direct service provider must obey all traffic laws while transporting residents.

   3. (c) On at least an annual basis, all licensees must access the Florida Department of Law Enforcement’s Sex Offender/Predator Database for the purposes of identifying database registrants who reside within a one-mile radius of the facility. The licensee shall notify facility staff of the location of sexual offenders or predators who live within one mile of the facility and document such notification.

5. (5) Investigations.

   1. (a) If a licensee, direct services provider, volunteer, or any other person working in the facility receives a verified finding of abuse, neglect, abandonment, or exploitation under chapter 415, F.S. and chapter 39, F.S., in the course of their position with the facility, the licensee is subject to disciplinary action outlined in this rule chapter pursuant to section 393.0673, F.S.
   2. (b) If a licensee, direct service provider, volunteer, or any other person working in the facility has been identified as an alleged perpetrator in an active protective investigation of abuse, neglect, or exploitation of a vulnerable adult under chapter 415, F.S., or abuse, abandonment, or neglect of a child under Part II of chapter 39, F.S., the alleged perpetrator shall be prohibited from being alone with facility residents or having access to resident funds, unless he or she is under the constant visual supervision of another person working in the facility who has not been named as the alleged perpetrator in an ongoing protective investigation.

   3. (c) If the protective investigation concludes with a verified finding of abuse, neglect, exploitation, or abandonment against the alleged perpetrator, the perpetrator shall be prohibited from being alone with facility residents unless he or she is under the constant visual supervision of another person working in the facility who has not, to the knowledge of the licensee, been named as the alleged perpetrator in an ongoing protective investigation, or has a verified finding, until a Corrective Action Plan is accepted and completed. If the perpetrator remains employed by the licensee, the licensee must submit a Corrective Action Plan that contains the following documentation to the Regional Office within 15 days of notification of the verified finding:

      1. explanation of why the licensee is not terminating the employment of the perpetrator;

      2. what disciplinary action was taken against the perpetrator;

      3. any training, including dates, that the direct service provider received; and

      4. how the licensee will protect facility residents from abuse, neglect, or exploitation by the perpetrator.

   4. (d) If the protective investigation concludes with no verified finding of abuse, neglect, exploitation, or abandonment against the alleged perpetrator, the licensee, direct service provider, volunteer, or other person working in the facility may be permitted to resume unsupervised contact with residents of the facility.
   5. (e) The licensee shall cooperate with DCF during an abuse, neglect, or exploitation investigation and request and obtain documentation of the conclusion of the investigation.

6. (6) Requirements for Personnel Policies, Procedures, and Records.

   1. (a) All licensees with employees shall develop and maintain the following:

      1. Job descriptions for paid staff;

      2. Documentation of all facility staff training, including a record of training dates, training content and trainers, and staff in attendance;

      3. Separate personnel records for each full and part-time employee that contain written documentation of the employees’ education, qualifications experience, references, background screening, staff training participation, and any disciplinary action taken against the employee; and,

      4. A weekly written schedule indicating staff coverage for at least one week in advance. Weekly schedules of actual staff coverage shall be maintained for a six-month period.

   2. (b) The licensee shall provide a copy of any or all items discussed in paragraph (6)(a) of this rule to the Agency or Regional Office upon request, within three calendar days.

7. (7) Staff Training Requirements.

   1. (a) All direct service providers must complete the Agency’s Direct Care Core Competency training within 90 days of first providing services or supports to residents.
   2. (b) Written documentation of all required staff training must be maintained by the licensee for at least three years following the receipt of such training and be made available to the Agency upon request.
   3. (c) All direct service providers hired to work in a licensed residential facility must complete the Agency’s Zero Tolerance training curriculum on the detection, prevention, and reporting of abuse, neglect, and exploitation prior to providing direct services. In addition, all direct service providers must complete a refresher Zero Tolerance training course every three years. Staff must be able to successfully demonstrate their knowledge of required abuse reporting procedures both in theory and in practice.
   4. (d) A direct service provider must complete a basic first aid course, including instruction in the abdominal thrust maneuver and cardio-pulmonary resuscitation (CPR), and shall maintain a current certification in CPR within 90 days of providing direct services. Online or computer-based courses are not acceptable to meet this requirement; such training must be provided in a classroom setting by a certified trainer. Facilities shall ensure there is always at least one direct service provider with current CPR certification onsite when residents are present.
   5. (e) All staff must complete an educational course on HIV/AIDS, within 90 days of providing direct services.
   6. (f) For those residents with behavior plans, staff must be trained on the residents’ current behavioral plans by a certified behavioral analyst. Documentation of the training must be maintained in the staffs’ personnel record.
   7. (g) Facilities shall comply with the requirements of Chapter 65G-8, F.A.C.

Rulemaking Authority 383.067(1), 393.067(7), 393.501(1) FS. Law Implemented 393.0655, 393.067 FS. History–New 7-1-14, Amended 8-6-17, 3-26-26.