Fla. Admin. Code R. 65G-2.010
(1) Emergency Standards.
(b) There shall be at least one telephone which is accessible to direct service providers and residents for emergency use at all times. The facility must have the following telephone numbers readily accessible at each telephone extension in the facility:
1. Local law enforcement;
2. Fire Department;
3. Each resident’s doctors;
4. Ambulance;
5. Support Coordinator for each resident;
6. Regional Office;
7. Emergency Agency on-call number, as assigned by the Regional Office;
8. Florida Abuse Hotline; and,
9. Poison Control Hotline.
(3) Emergency Preparedness Drills.
(4) Emergency Management Plans.
(a) Under section 393.067(8), F.S., each facility shall prepare and maintain a written comprehensive emergency management plan which shall be updated as needed and on an annual basis. The emergency management plan must address the following:
1. Provisions for all hazards. Each plan shall describe the potential hazards to which the facility is vulnerable such as hurricanes, tornadoes, flooding, fires, hazardous materials, incidents from fixed facilities or transportation accidents, and power outages during severe cold or hot weather.
2. Provisions for the care of residents remaining in the facility during an emergency, including pre-disaster or emergency preparation, protecting the facility, ensuring residents and staff have adequate supplies, medications, emergency power, food and water, maintaining adequate staffing, and emergency equipment.
3. Provisions for the care of residents who are evacuated from the facility during an emergency, including identification of such residents and transfer of resident records, evacuation transportation, sheltering arrangements, supplies, staffing, emergency equipment, and medications.
4. Identification of residents with mobility limitations who may need specialized assistance either at the facility or in case of evacuation.
5. Identification of and coordination with the local emergency management agency.
6. Arrangement for post-disaster activities including responding to family inquiries, obtaining medical intervention for residents, transportation, and reporting to the county office of emergency management the number of residents who have been relocated and the place of relocation.
7. The identification of staff responsible for implementing each part of the plan.
(b) Emergency Management Plan Development.
1. Emergency management plans shall be updated at least annually and may be developed with the assistance of appropriate resource persons from the local fire marshal, Regional Office, or local emergency management agency.
2. The facility shall review its emergency management plan on an annual basis.
(c) Emergency Management Plan Implementation. In the event of an internal or external disaster, the facility shall implement the facility’s emergency management plan in accordance with Sections 252.355 and 252.356, F.S.
1. All staff must be knowledgeable of facility procedures for handling emergencies, trained in their duties and are responsible for implementing the emergency management plan. All staff must be trained on the facility’s emergency management plan within 30 days of hire. Staff shall be trained on the emergency management plan annually, after the plan’s annual update.
2. All staff are responsible for implementing the emergency management plan and must be able to implement the emergency management plan.
3. If telephone service is not available during an emergency, the facility shall request assistance from local law enforcement or emergency management personnel in maintaining communication.
(d) Facility Evacuation. The facility must evacuate the premises during or after an emergency if so directed by the local emergency management agency.
1. The facility shall report the evacuation to the designated Agency Regional office within six hours of the evacuation order and at every six hour interval until the evacuation is complete.
2. The facility shall not be reoccupied until the area is cleared for reentry by the local emergency management agency, local fire marshall, or any other agency or entity having authority or its designee and the facility can meet the immediate needs of the residents.
3. In cases where the facility experiences significant structual damage, the licensee or facility staff must relocate residents until the facility can be safely reoccupied.
4. The licensee or designated facility staff is responsible for knowing the location of all relocated residents and for ensuring that those residents return to the facility safely.
5. The licensee or designated facility staff shall provide the Agency with the name of a contact person who shall be available by telephone 24 hours a day, seven days a week, until the facility is reoccupied.
6. The licensee or designated facility staff shall assist in the relocation of residents and shall cooperate with outreach teams established by the Agency or emergency management officials to assist in relocation efforts. The needs and preferences of each resident shall be considered to the greatest extent possible in any relocation decision.
(e) Emergency shelter. In the event a state of emergency has been declared and the facility is not required to evacuate the premises, the facility may provide emergency shelter above the facility’s licensed capacity provided the following conditions are met:
1. No person’s life, health, and overall safety will be jeopardized;
2. The immediate needs of all residents and other individuals sheltered at the facility can be met by the facility;
3. Within forty-eight (48) hours following the facility exceeding its capacity, the facility must report to the Agency that the facility is over capacity and describes the conditions which have caused it to be over capacity. If the facility will continue to be over capacity after the declared emergency ends, the Agency shall review such ongoing requests on a case-by-case basis;
4. The facility must ensure that those individuals who are not residents of the facility are returned to their place of residence or other suitable placement as soon as possible; and
5. The facility maintains a log of the additional persons being housed in the facility. The log shall include the individual’s name, usual address, and the dates of arrival and departure. The log shall be available for review by representatives of the Agency and the local emergency management agency or its designee. The admissions and discharge log maintained by the facility may be used for this purpose provided the information is maintained in a manner that is easily accessible.
(5) Missing Residents. After determining that a resident is missing, staff shall immediately call local law enforcement and ask the officer to:
(6) Incident Reporting.
(f) Providers or covered persons must provide initial notice of the occurrence of a critical incident within four hours after the provider or covered person becomes aware of the incident. Initial notice may be made via electronic submission through the Agency’s designated incident reporting system, e-mail, or phone call to the appropriate Regional Office. A complete APD Incident Reporting Form must be submitted electronically within one calendar day after the initial notification. Telephonic contact does not include the sending of text messages over the phone.
1. A supervisor may be the one to make the initial notice of the critical incident.
2. The APD Incident Reporting Form must be completely filled out and electronically submitted via the Agency’s designated incident reporting system and must include, at minimum:
a. Individuals involved in the incident, including staff and any witnesses;
b. When the incident occurred;
c. Location of incident;
d. Incident category and type;
e. Detailed description of the incident, including circumstances prior, during, and after the incident;
f. Causes or contributing factors to the incident;
g. Provider responsible for care during the incident, when applicable;
h. Any and all actions taken by a provider or covered person to protect a resident, participant, or client, gain control, remedy or manage the situation;
i. Any information identified within the providers investigation into the incident, if applicable;
j. Law enforcement information, when applicable; and
k. Department of Children and Families investigation information, when applicable.
3. Critical incidents include the following:
a. The unexpected death of a resident or a client;
b. Any sexual activity, as defined in section 393.135, F.S., between a covered person and a resident or client regardless of the consent of the resident or client, incidents of nonconsensual sexual activity between residents or clients, sexual activity involving any resident or client who is a minor; and nonconsensual sexual activity between a resident or client and any person in the community;
c. The unexpected absence or unknown whereabouts, beyond one hour, of a resident or client who is a minor or an adult resident or client who has been adjudicated incompetent;
d. A resident or client has sustained a life-threatening injury or illness;
e. A hospital admission as a result of a medication error;
f. Negative news media reports regarding the operation of the facility or the care of residents or clients;
g. The arrest of a resident or client for a violent criminal offense;
h. The arrest of a covered person for a potentially disqualifying offense specified in section 393.0655, F.S.;
i. The Department of Children and Families has made a finding of verified abuse, neglect, exploitation, or abandonment by the provider or the provider’s employees;
j. Suspected or confirmed human trafficking of a resident, participant, or client; or
k. Resident, participant, or client left in vehicle unattended.
(g) Reportable incidents must be reported to the Regional Office within one calendar day following the incident by submitting a completed APD Incident Reporting Form which must be electronically mailed to the designated Regional Office email address for the region in which the resident resides. Reportable incidents include:
1. The death of a resident or client that does not constitute an unexpected death;
2. Physical altercations occurring between a resident or client and a member of the community, a resident or client and direct service providers, or two or more residents or clients, that results in law enforcement contact;
3. Any injury to a resident or client due to an accident, act of abuse, neglect or other incident that occurs or allegedly occurs while the resident or client is receiving services from a covered person that requires the resident or client to receive medical treatment in an urgent care center, emergency room or physician office setting due to injury that is being reported currently or requires admission to a hospital;
4. The arrest of a resident or client for a non-violent offense while that resident or client is under the care of a provider or covered person;
5. The unexpected absence or unknown whereabouts of a legally competent adult resident or client beyond eight hours;
6. Any act which clearly reflects the physical attempt by a resident or client to cause his or her own death;
7. The commitment of a resident or client to mental health services pursuant to chapter 394, F.S., also known as the “Baker Act;”
8. The commitment of a resident, participant, or client to mental health services through voluntary commitment;
9. Injury of a covered person caused by a resident, participant, or client; or
10. Any sudden onset of illness to a resident or client while receiving services from a covered person that requires the resident or client to receive medical treatment in an urgent care center, emergency room or physician office setting due to sudden onset of illness or requires admission to a hospital.
(h) Any and all follow-up measures taken by a provider or covered person to protect a resident, participant, or client, gain control, remedy or manage the situation must be noted on APD Incident Reporting Form, which must be completed and submitted to the Regional Office no later than five days following the date the incident was reported. Ongoing follow-up information must be submitted to the Regional Office until the incident is resolved. If the initial incident report contains all necessary information for the initial and follow-up reporting, an additional follow-up is not necessary. Follow-up documentation includes:
1. All follow-up actions implemented by the provider.
2. Preventative measures taken or initiated by the provider to prevent the recurrence of the same type of incident, when applicable.
3. Any follow-up activities related to medical, behavioral, additional support, etc. to ensure ongoing health and safety of the client.
Rulemaking Authority 393.067(1), 393.067(7), 393.501(1) FS. Law Implemented 393.067 FS. History–New 7-1-14, Amended 7-1-18, 3-26-26.