1. (1) Resident Care Standards.

   1. (a) To ensure the health and safety of the facility’s residents, which includes providing appropriate physical care and supervision, each facility shall:

      1. facilitate the implementation of resident support plans, behavior plans, and any other directions from medical or health care professionals as applicable;

      2. correctly and appropriately implement reactive strategy as necessary in accordance with the resident’s behavior plan, the staff’s training in reactive strategies, Florida Statutes, and the Florida Administrative Code;

      3. contact the resident’s support coordinator, as necessary, to ensure the timely provision of needed medical and dental care; and

      4. contact the resident’s legal representative, if no support coordinator is assigned, to ensure the timely provision of needed medical and dental care;

      5. provide care and treatment for each resident that is individualized and appropriate to reflect the differences in each individual resident’s personal goals, abilities, sex, age, and special needs;

      6. participate in staff training and meetings as required by the Agency, and

      7. employ sufficient staff so that it is not dependent upon the use of volunteers or residents. However, residents shall be encouraged, but not required, to perform personal housekeeping chores and independent activities of daily living that are appropriate to their age, behavioral considerations, and ability such as:

      a. maintaining his or her own quarters; and

      b. participating in ordinary household tasks such as meal preparation, grocery shopping, dishwashing, laundering, cleaning common areas of the residence or site, lawn care, gardening, and other tasks generally performed by a typical family.

   2. (b) The facility shall adhere to and protect resident rights and freedoms in accordance with the Bill of Rights of Persons with Developmental Disabilities, as provided in section 393.13, F.S. This includes, but is not limited to, honoring and protecting each resident’s right to:

      1. Dignity, privacy, and humane care, including the right to be free from abuse, including sexual abuse, neglect, and exploitation, as set forth in section 393.13(3)(a), F.S.;

      2. Be free from harm, including unnecessary physical, chemical, or mechanical restraint, isolation, excessive medication, abuse, or neglect;

      3. Religious freedom and practice;

      4. Receive services, within available sources, which protect his or her personal liberty and which are provided in the least restrictive conditions necessary to achieve the purpose of treatment;

      5. Participate in an appropriate program of quality education and training services, within available resources, regardless of chronological age or degree of disability;

      6. Social interaction and participation in community activities;

      7. Physical exercise and recreational opportunities;

      8. Consent to or refuse treatment, subject to the powers of a legal representative, natural guardian, or guardian advocate appointed under section 393.12, F.S., or a guardian appointed under chapter 744, F.S.;

      9. When otherwise qualified, not be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity which receives public funds by reason of having a developmental disability; and

      10. When otherwise qualified, not be denied the right to vote in public elections on the basis of having a developmental disability.

   3. (c) The placement of a resident within a facility shall not be construed as a termination or restriction of the rights and responsibilities of the parents or guardians. Although not required, it is recommended that parents, guardians, and other responsible persons organize as volunteers for the purpose of promoting the welfare of the residents.
   4. (d) Each facility shall establish, maintain, and make available to residents and employees written house rules and regulations in consultation with residents, for the orderly operation of the group home facility.
   5. (e) Each facility shall, when appropriate, help establish resident government within the meaning of section 393.13, F.S.

   6. (f) Within the scope of the licensee’s responsibility for care and supervision of residents, the licensee shall ensure that there is appropriate action taken for a resident’s essential, routine, or preventative care following a resident’s medical, dental, therapy or other health care-related appointments. The licensee’s responsibility includes, but is not limited to:

      1. scheduling additional appointments for residents or assisting residents in scheduling their own appointments; and

      2. providing staff with appropriate training on changes in medication or dietary regimens, positioning of residents, utilization of specialized equipment, or any other area which has changed after any such appointments that would be within the licensee’s purview and authority to supervise.

2. (2) Facilities shall provide opportunities for residents to participate in community activities.

3. (3) Transfer and Placement of Residents.

   1. (a) The licensee shall have written criteria and procedures in place for the admission or termination of residential services for clients; termination procedures must be consistent with Chapter 65G-3, F.A.C.
   2. (b) The facility shall only accept and serve persons with developmental disabilities, whether or not such persons are clients of the Agency.
   3. (c) Licensees must notify the Agency prior to accepting each new resident.
   4. (d) The facility shall not accept or serve a resident unless it can meet his or her specific programmatic and physical accessibility needs. The facility must be capable of effectively and safely meeting the needs of all facility residents accepted for placement.

   5. (e) When determining whether to accept a person as a resident of the facility, the facility shall:

      1. Ensure that the placement of new residents within the facility does not adversely affect the health, safety, or welfare of current facility residents;

      2. Obtain the Agency’s approval prior to any proposed placement that would deviate from the criteria specified on the facility’s application for licensure; and

      3. Provide descriptive information to the Agency on the prospective resident if the proposed placement involves an individual who is not a client of the Agency. This information must include:

      a. documentation showing that the individual has an intellectual or developmental disability as defined in Chapter 65G-4, F.A.C.;

      b. documentation showing whether the individual has any medical needs or limitations;

      c. documentation showing whether the individual has any behavioral issues; and

      d. a statement regarding any known criminal history of the individual and, if the individual does have a criminal history, an explanation and documentation of his or her involvement with the legal system.

   6. (f) Prior to a proposed transfer of a client from one licensed facility to another, the licensee shall discuss the transfer and reasons for transfer with the client, the client’s authorized representative (if one has been appointed), support coordinator (if available), the Agency, and other involved service providers, as appropriate.
   7. (g) The licensee shall notify the Agency, in writing, of changes in the census of the home within five calendar days.
   8. (h) A licensee who operates, administers, or manages more than one foster care facility, group home facility or residential habilitation center facility must receive approval from the Agency prior to transferring a client from one of its licensed facilities to another of its licensed facilities. Prior approval shall not be required in the event of an emergency in which there is a substantial probability that the health or safety of the client would be jeopardized in the absence of immediate relocation.
   9. (i) When a resident is moving from a licensee’s facility to a new residential setting, the licensee releasing the resident shall provide any personal belongings of the resident to the resident or the resident’s legal representative. The property inventory list completed in accordance with subparagraph (j)4. below, shall be referenced in order to account for all items.

   10. (j) To ensure the smooth, safe and most effective transition of a new resident to the licensee’s facility, the licensee receiving the resident shall:

       1. prior to placement, provide an opportunity for the referred resident and his or her legal representative to visit the facility;

       2. prior to placement, cooperate with and assist the Agency, the resident’s support coordinator, and the resident’s legal representative with the new resident’s discharge from the former residential setting;

       3. make needed preparations for the new resident, including ensuring that all staff are made aware of the resident’s needs, and are properly trained and equipped to meet those needs;

       4. upon receiving the resident for care, complete an itemized property inventory list accounting for the resident’s records, personal funds, serviceable clothing, and any other personal belongings. This inventory shall be signed by the licensee and the resident or the resident’s legal representative; and

       5. update the inventory list within 30 days to reflect the acquisition of new items and reflect items that have been discarded, except that new and discarded articles of clothing are not required to be continually inventoried.

4. (4) Resident Funds.

   1. (a) Neither the licensee nor staff employed by the licensee may receive any financial benefit by charging a fee against, borrowing, or otherwise using the personal funds of a resident for their personal benefit.
   2. (b) The licensee must develop policies and procedures which detail the methods for management and accounting of any personal funds or benefits of facility residents. The policies and procedures must comply with generally accepted accounting principles. Each staff member having access to resident funds and account information must be trained in the proper implementation of these policies and procedures.
   3. (c) The licensee must obtain written authorization, signed by the resident or the resident’s legal representative annually, if the licensee will be responsible for the management of any personal funds of the resident.

   4. (d) With respect to the clients of the Agency, the licensee shall maintain:

      1. Written receipts for purchases made with client funds, valued at $25.00 or more for at least one year following the date of purchase; and

      2. An accounting of income and expenditures from each client’s personal funds, which includes any benefits received by a client. Each client’s individual accounting must include, but is not limited to:

      a. The group home facility’s name and address;

      b. The client’s name;

      c. The client’s ending balance for the previous month;

      d. The month and year for the accounting form;

      e. The date and amount of all deposits and withdrawals;

      f. An accounting of the client’s personal needs allowance, as defined in Rule 65G-2.018, F.A.C., and any increase in the personal needs allowance based on the annual posting of the maximum federal benefit rate;

      g. The account balance following each deposit or withdrawal;

      h. A brief statement of the purpose or reason for each deposit and withdrawal;

      i. The name and signature of the staff member that completed each deposit or withdrawal;

      j. The client’s signature, in any instance where money has been withdrawn for the client to use at his or her own discretion; and

      k. The ending balance for the month.

   5. (e) The available amount of each client’s personal funds must reconcile with the most recent ending balance which is recorded within the licensee’s record of client income and expenditures.
   6. (f) Accounting information for financial accounts and for cash must be made on separate forms.

   7. (g) Licensees who received benefits on behalf of clients shall maintain a checking or savings account for the personal funds of clients.

      1. If a single account is maintained for multiple clients, a separate accounting must be maintained for each individual client that reconciles monthly with the account’s total, as noted on the bank statement, and shall be retained by the provider for review by the Agency. This accounting shall include, but is not limited to, an accounting of the client’s personal needs allowance, as defined in Rule 65G-2.018, F.A.C., and any increase in the personal needs allowance based on the annual posting of the maximum federal benefit rate.

      2. With the exception of the facility’s other residents or clients, the personal funds of residents or clients must not be co-mingled with the funds of any other person or entity, including those of the licensee or staff.

   8. (h) Client accounting records shall be kept on the premises or maintained electronically and in a central location. Relevant current financial information, such as the account balance and a supply of funds, shall be maintained and secured in each facility to allow for purchases and other client or guardian-authorized uses of resident funds. Any cash shall be kept in a secure location within the facility.
   9. (i) All client records shall be made available upon request by Agency staff for inspection and monitoring purposes.

   10. (j) The licensee, the licensee’s employees, and any family members thereof are prohibited from:

       1. Being the named beneficiary of a client or resident’s life insurance policy unless related to the client or resident by blood or marriage;

       2. Receiving any indirect financial benefit from a client or resident’s life insurance policy unless related to the client or resident by blood or marriage; or

       3. Borrowing or otherwise using a client or resident’s personal funds for any purpose other than the client or resident’s benefit.

   11. (k) Any records required under this subsection shall be produced, maintained, and contain information required under generally accepted accounting principles.

5. (5) Resident Records.

   1. (a) The facility shall establish and maintain an individual record for each resident on the premises. The record shall contain information pertinent to the resident’s health, supervision, and care. The records may be maintained electronically.
   2. (b) All documentation must be in legible English.

   3. (c) At a minimum, each resident record shall include:

      1. the resident’s name and date of birth;

      2. the name, addresses and telephone number of the resident’s physician and dentist;

      3. contact information for the resident’s legal representative and support coordinator;

      4. written authorization signed by the resident or resident’s legal representative for routine medical or dental care;

      5. medical and dental reports, including any examination results and laboratory findings, if received by the facility, and the resident’s medication history and any special instructions for carrying, lifting, positioning, bathing, assisting with meals or other aspects of personal care;

      6. the resident’s legal competency, guardianship status, and the identification of any authorized representatives;

      7. a property inventory list;

      8. incident reports directly involving the resident;

      9. a color photograph of the resident taken within the past five years; and

      10. if applicable, a copy of the resident’s current support plan, as supplied by the resident’s support coordinator, and any other applicable plans such as an implementation plan or behavior plan.

   4. (d) The records shall be current to the greatest extent possible and updated at least 30 days following receipt of new information.

      1. The property inventory list must be updated:

      a. every twelve months; and

      b. 30 days prior to a resident being discharged.

      2. If any of the required information is not available, the licensee shall include written documentation in the record that a diligent effort was made to obtain the missing information.

   5. (e) Resident and client records shall be kept confidential in accordance with section 393.13, F.S.
   6. (f) Resident records shall be accessible for inspection and duplication by any Agency staff or designated agent of the State of Florida who presents proper State of Florida-issued identification. If Agency staff or a designated agent requests a copy of the records, the facility shall provide a complete copy to the Agency, as soon as possible given the volume of records requested, but in any instance no later than two calendar days.
   7. (g) Client records in the possession of the facility shall be the property of the client and shall remain with the client in the event that he or she moves to a different facility or the facility has a change in providers. However, in accordance with HIPAA, the licensee shall retain a copy of the records for six years, which shall be made available to the Agency for surveying, monitoring, and inspection purposes. For the purposes of this subsection, the licensee is solely responsible for the costs of reproducing client records.

6. (6) Resident Supervision.

   1. (a) Each facility must provide the level of supervision necessary to ensure that residents are protected from harm and that a safe and healthy living environment is created and maintained. Direct service providers must be given specific information and strategies to provide such an environment for all of residents of the facility. To the maximum extent possible, however, the facility shall respect the rights of residents to privacy and self-determination.
   2. (b) At least one staff person must be present at all times while residents are in the facility. The only exception would be if the licensee prepares a written plan proposing that a specified client be left alone for limited periods of time during the day or night. Such plans must be approved by the Regional Office prior to implementation. In granting plan approval, the Agency shall consider the needs, characteristics, and abilities of the resident and the proposed circumstances under which the resident will be left alone. Non-compliance with the approved plans may result in the imposition of administrative fines, the suspension or revocation of such plans, or other administrative actions as appropriate.

7. (7) Video Monitoring.

   1. (a) The use of video cameras for the purposes of visually monitoring residents is permitted. Video footage must not be used in any way that may humiliate, punish, demean, or violate the privacy rights of any resident. Video monitoring may also be required by the Agency as a component of any settlement agreement with a licensee.

   2. (b) A licensee who uses video monitoring, shall:

      1. Develop written criteria for determining which residents will be monitored by video camera;

      2. Develop written protocols for implementing video monitoring, including but not limited to:

      a. who may access video footage;

      b. the purpose and use of video recordings; and

      c. how, when, and where such footage will be stored, and for how long, to include a minimum thirty-day retention period;

      3. Receive the written consent of the resident, if competent, or the resident’s guardian or legal representative prior to using video monitoring;

      4. Explain to the Agency, the facility’s residents, or, if applicable, a resident’s legal representative when and where monitoring will occur and the purpose of the monitoring system;

      5. Provide to the Agency the titles and positions of all persons authorized to access video feeds at off-site locations. Such remote access must be accompanied by safeguards, such as firewalls and other security measures, sufficient to ensure resident privacy; and

      6. Preserve video footage as follows:

      a. for a minimum of thirty days from the recording;

      b. upon the occurrence of a critical incident, as defined in paragraph 65G-2.010(6)(f), F.A.C., captured by video monitoring;

      c. upon notice of any law enforcement or Department of Children and Families’ investigation of any incident captured by video monitoring; and

      d. at the request of the Agency and in accordance with paragraph (7)(f) of this rule.

   3. (c) The use of remote interactive video monitoring, where the licensee or its designee can watch live video from another location in the facility or from an offsite location, shall be limited to vocational and educational settings, medical and special treatment spaces, administrative offices, or common areas. Remote interactive video monitoring may not be used in bedrooms or bathrooms.
   4. (d) The Agency reserves the right to preclude, restrict, or suspend a facility’s authority to conduct video monitoring under this subsection at any time if the Agency determines that any provision of this subsection or section 393.13, F.S., has been violated.
   5. (e) The videos obtained by the facility through video monitoring shall be considered records of the facility and made available for viewing and duplication by any Agency staff or designated agent of the State of Florida who presents proper State of Florida-issued identification. Such videos must be maintained in a format that permits access and duplication.

   6. (f) Storage – if a facility or licensee elects to install a video monitoring system, it must have (1) a method for saving any video of violations of Florida law and (2) a method to release the saved video to the Agency. Video shall be stored in accordance with the licensee’s written protocols and preserved as required in paragraph (7)(b) of this rule.

      1. It is the licensee’s responsibility to have an adequate storage system capable of saving and releasing the video to the Agency for review.

      2. The responsibility to save and release a video to the Agency is the licensee’s responsibility. Failure to comply with this section shall be a violation under this chapter.

      3. Defenses – Limited storage capacity, technical errors, or design limitations in the video licensee’s technology, system, or equipment shall not be defenses to a violation of this subsection.

8. (8) Behavioral Interventions and Responses to Behavioral Issues Involving Residents.

   1. (a) The facility shall have a written statement of policies and procedures governing actions that may be taken by direct service providers to help prevent or respond to problematic behaviors exhibited by residents, including emergency procedures and reporting requirements. Such policies and procedures, as well as any actions taken by direct service providers involving residents of the facility, shall be consistent with the provisions of section 393.13, F.S., as well as Chapters 65G-4 and 65G-8, F.A.C.
   2. (b) A direct service provider must be trained to appropriately respond to serious and spontaneous behavioral incidents requiring emergency intervention procedures.
   3. (c) A direct service provider must not implement emergency intervention procedures that use restraint or seclusion, or cause physical discomfort, unless he or she has been certified through an Agency-approved emergency procedure curriculum under Chapter 65G-8, F.A.C.

   4. (d) The following responses are strictly forbidden:

      1. Physical or corporal punishment that includes, but is not limited to, hitting, slapping, smacking, pinching, paddling, pulling hair, pushing or shoving residents;

      2. The use of noxious substances, which include painful or aversive stimuli used to control behavior such as pepper on tongue, squirt of lemon juice, ammonia inhalants, or electric shock;

      3. Verbal abuse such as cursing at residents, using slurs or derogatory names, or screaming;

      4. Humiliation, such as keeping a resident in wet or soiled clothing or diapers, making the resident stand in front of others to be ridiculed, or making the resident wear a sign or dunce cap, placing residents in dark or locked time-out rooms; and

      5. Any reactive strategy prohibited under Rule 65G-8.009, F.A.C.

9. (9) Sexual Activity and Physical Contact.

   1. (a) The licensee shall develop and enforce a written policy regarding sexual activity involving residents of the facility. Such policy shall:

      1. explicitly prohibit sexual activity between a resident and a covered person;

      2. explicitly prohibit sexual activity that involves residents who are under the age of eighteen;

      3. not in any way abridge nor restrict the civil and legal rights of persons with developmental disabilities, including those specified within section 393.13, F.S.; and

      4. address appropriate physical boundaries and standards among direct service providers and residents and must include the following elements:

      a. a dress code for direct service providers that outlines the type of clothing that is acceptable as well as where and under what circumstances it is acceptable;

      b. a provision for mutual respect by direct service providers and residents for personal space, such as knocking before entering a bedroom, except as may be necessary for residents who require visual supervision due to documented behavioral or medical issues;

      c. parameters establishing who is allowed to visit whose bedroom and under what conditions;

      d. a provision that all residents and direct service providers shall sleep in separate beds;

      e. a provision that permits direct service providers to assist or supervise residents while the resident bathes, showers, or toilets, if the resident requires assistance or supervision, and that prohibits staff from bathing, showering, or toileting simultaneously with the resident under any circumstances;

      f. guidelines concerning the level and type of supervision required for residents and all direct service providers shall be familiar with such guidelines; and

      g. open communication among residents and direct service providers about events occurring in the facility in order to encourage reporting of incidents of inappropriate sexual behavior.

   2. (b) The licensee shall provide direct service providers with training regarding the licensee’s policy regarding sexual activity involving residents of the facility.

   3. (c) The following safeguards shall be implemented in any facility which serves one or more sexually aggressive residents or residents who require a Safety Plan under this rule chapter, under the iBudget Handbook incorporated by reference in Rule 59G-13.070, F.A.C., or under any other similar requirement:

      1. All direct service providers shall review all available written, detailed and complete history related to sexually aggressive residents in order to prevent the occurrence of sexual abuse incidents. When available to the licensee, such information provided to staff must include, but is not limited to, the date of the sexual abuse incident, type of abuse, brief narrative outlining the event, type of treatment the resident received and the outcome of the treatment. If the resident is currently in treatment, the licensee shall maintain contact information for the treatment provider;

      2. Prior to admission, the facility must review the Safety Plan of any resident. The facility is responsible for complying with any requirements of the Safety Plan and implementing its provisions, as applicable to the facility. All staff must be trained on the Safety Plan prior to working with the resident;

      3. The prospective resident, if legally competent, or his or her legal representative must sign and agree to the Safety Plan. The Safety Plan shall be reviewed and updated as needed, at least once a year;

      4. Newly placed sexually aggressive residents shall be provided visual supervision at all times the resident is awake during the resident’s first twenty-four (24) hours in the facility;

      5. A sexually aggressive resident is not allowed to share a bedroom with another resident without Agency approval. Such approval shall take into consideration the licensee’s plan to ensure supervision sufficient to ensure the safety of residents;

      6. Known sexually aggressive residents shall never be left alone with other residents in a bedroom, bathroom, or behind closed doors without prior Agency approval. Only one resident may use the bathroom at any time that the bathroom door is closed; and

      7. Residents who are minors are not permitted to possess obscene materials as defined in section 847.001, F.S., on the premises.

10. (10) Solicitation Activities. The licensee must have the written permission of the resident, if competent, or the resident’s legal representative prior to using the resident’s image, voice, name, picture, personal information, or disability for the purpose of securing donations.

11. (11) First Aid.

    1. (a) The facility shall have on the premises an American Red Cross-approved or equivalent first aid kit that meets essential safety standards with unexpired contents. The first aid kit shall be maintained in places known to and readily available to all direct service providers.
    2. (b) Potentially toxic materials contained within first aid kits should be stored in a manner which does not pose a risk to residents.

12. (12) Medication.

    1. (a) Medication shall be administered to a resident in accordance with the written order or prescription issued by the resident’s health care practitioner. Ongoing staff re-training and competency-based verification of skills shall be provided when there is evidence of medication errors to correct staff practices and prevent future occurrences.
    2. (b) All prescription medication shall be kept in its original container bearing the original dated label with legible information stating the prescription number, direction for use, resident’s name, physician’s name, and address of the issuing pharmacy.
    3. (c) Medication shall be kept in a locked enclosure and shall only be accessible by the facility’s staff.
    4. (d) A resident whose physician has deemed the resident capable of handling his or her own medications should be encouraged to do so. Staff shall assist the resident by making the medication available and reminding the resident to take medication at appropriate times.
    5. (e) The licensee must maintain a current and accurate daily record of prescription and non-prescription medication administered to residents in accordance with the provisions of Chapter 65G-7, F.A.C.
    6. (f) The administration of medication to residents, as well as the documentation of administration of such medication, medication storage, and error reporting shall be performed in accordance with sections 393.13 and 393.506, F.S., Chapter 65G-7, F.A.C., and this rule chapter.
    7. (g) If the licensee or a direct service provider observes or receives reports from other individuals that a resident may have experienced an adverse reaction to an administered medication, such information must be conveyed immediately to either the prescribing physician or the licensed medical professional employed by the licensee who has been charged with the responsibility of securing appropriate medical treatment for residents. If either the prescribing physician or medical professional employed by the licensee is unable to be reached, facility staff shall immediately seek medical attention for the resident.

13. (13) Specialized Equipment.

    1. (a) The licensee shall ensure that all direct service providers have been trained and are competent in the proper application, monitoring, and removal of specialized equipment worn by residents, including but not limited to Ankle-Foot Orthoses (AFOs), leg braces, arm splints, neck collars, helmets, and safety belts.
    2. (b) The licensee shall ensure that all direct service providers are knowledgeable in the proper operation of other specialized equipment required by residents such as wheelchairs, lifts, and positioning devices.
    3. (c) The licensee shall contact the appropriate support coordinator(s) as soon as significant signs of wear and tear are noticed on specialized equipment used by a resident.

14. (14) Transportation.

    1. (a) The facility shall provide or arrange for the incidental transportation of residents within the community as a typical household would provide for its members.

    2. (b) A record must be maintained that lists each participant being transported in a vehicle. The record must be maintained on file at the facility for a minimum of 12 months.

       1. All transportation records must be available for review by the Agency during monitoring visits and upon request.

       2. The transportation record must include, at minimum:

       a. Name of each resident;

       b. Date and time of departure;

       c. Date and time of the arrival; and

       d. Name and signature of the driver.

       3. Prior to each departure, the transportation record must be recorded with each resident’s name, date and time of departure, and initialed by the direct service provider verifying each resident is accounted for.

       4. Upon arrival at the destination, the driver of the vehicle must complete the transportation record and mark each resident off the record as the resident departs the vehicle.

    3. (c) The driver must complete a physical inspection and visual sweep of the vehicle at the arrival of the destination to ensure that no resident is left in the vehicle.
    4. (d) If the licensee contracts with an outside entity to provide transportation, the licensee must assign a direct care personnel to perform the duties described in this rule.
    5. (e) The maximum number of individuals transported must not exceed the manufacturer’s designated seating capacity or the number of factory installed seatbelts.
    6. (f) When transporting residents, the staff to resident ratio must be maintained.
    7. (g) Residents must use seatbelts or other safety restraints during transportation.
    8. (h) Direct care staff must meet all training requirements set forth in this rule.
    9. (i) All vehicles used to transport participants must be maintained in a clean condition and pursuant to the vehicle or manufacturers’ requirements or instructions to ensure that they are in proper working order. Documentation of the maintenance must be maintained on file for a minimum of 12 months, and available to Agency staff during monitoring visits and upon request.
    10. (j) Smoking and vaping shall be prohibited in vehicles.
    11. (k) The interior of the vehicle, when being used to transport residents must be maintained at a temperature between 65 to 78 degrees Fahrenheit. The vehicle can be ventilated either by mechanical or natural means to maintain the temperature. This is only during operational transportation of the vehicle and does not include the loading or unloading of the vehicle.
    12. (l) Transportation shall be provided by the facility at no cost to the residents unless such trips involve destinations which are more than 25 miles from the facility. If the trip is more than 25 miles, the facility may charge the residents for the excess.

    13. (m) Any vehicle in which residents are transported shall:

        1. have a current license plate;

        2. carry at least the minimum insurance coverage required by state law;

        3. contain a working and tagged fire extinguisher;

        4. be operated by a driver holding an appropriate valid driver’s license;

        5. have working seatbelts and wheelchair tie-downs when applicable;

        6. have working heat and air conditioning; and

        7. be maintained in a manner to ensure safe transport.

    14. (n) The number of transported residents not seated in wheelchairs during the trip shall not exceed the number of available seats in the vehicle.
    15. (o) Residents shall be encouraged to use public transportation in areas where it is available and appropriate to the residents’ ability.
    16. (p) Residents shall not be left unattended in any vehicle operated by the facility.
    17. (q) Facilities that plan to use facility staff to take clients outside of Florida shall provide prior notification to the Agency.

15. (15) Communication Among Staff.

    1. (a) Each facility shall have a system in place to communicate recent incidents and resident information to staff working on subsequent shifts. The system shall include:

       1. a mechanism for documenting in writing any and all information, such as medical or behavioral incidents or physician or therapist orders or recommendations, of which staff should be made aware and which could potentially affect the residents’ health or safety if staff were unaware of such information; and

       2. a procedure or mechanism to ensure that the information described in this subsection is reviewed across all shifts.

    2. (b) Such communication-related documentation shall be maintained within the facility for a least one year following each entry and may be maintained electronically. The information shall be made available to the Agency during inspections.

Rulemaking Authority 393.067(1), 393.067(7), 393.501(1), 393.506(6) FS. Law Implemented 393.067, 393.13, 393.135, 393.506 FS. History–New 7-1-14, Amended 3-26-26.