Fla. Admin. Code R. 69O-136.042 – Continuing Care Contracts

(1) Application for Certificate of Authority.
1. (a) An application for a person applying for a certificate of authority for a continuing care provider consists of the following:
  1. Form OIR-C1-473, incorporated by reference in Rule 69O-136.100, F.A.C.
  2. Form OIR-C1-144, “Service of Process Consent & Agreement,” incorporated by reference in Rule 69O-136.100, F.A.C.;
  3. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,
  4. Form OIR-C1-2221, “Management Information Form,” incorporated by reference in Rule 69O-136.100, F.A.C.
2. (b) A person applying for a certificate of authority as a continuing care provider shall submit forms in paragraph (1)(a) as directed by the Office electronically at https://www.floir.gov/iportal. The forms may be obtained from https://www.floir.gov/iportal.
(2) Application for Provisional Certificate of Authority.
1. (a) An application for a person applying for a provisional certificate of authority for a continuing care provider consists of the following if applicable:
  1. Form OIR-C1-471, incorporated by reference in Rule 69O-136.100, F.A.C.;
  2. Form OIR-C1-144, “Service of Process Consent & Agreement,” incorporated by reference in Rule 69O-136.100;
  3. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,
  4. Form OIR-C1-2221, “Management Information Form,” incorporated by reference in Rule 69O-136.100.
2. (b) A person applying for a provisional certificate of authority as a continuing care provider shall submit forms in paragraph (2)(a) as directed by the Office electronically at https://www.floir.gov/iportal. The forms may be obtained from https://www.floir.gov/iportal.
(3) Consolidated Application for Provisional Certificate of Authority and Certificate of Authority.
1. (a) A consolidated application for a provisional certificate of authority and certificate of authority for a continuing care provider consists of the following if applicable:
  1. Form OIR-C1-2220, “Consolidated Application for Provisional Certificate of Authority and Certificate of Authority for a Continuing Care Provider,” incorporated by reference in Rule 69O-136.100, F.A.C.;
  2. Form OIR-C1-144, “Service of Process Consent & Agreement,” incorporated by reference in Rule 69O-136.100;
  3. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,
  4. Form OIR-C1-2221, “Management Information Form,” incorporated by reference in Rule 69O-136.100.
2. (b) A person filing a consolidated application for provisional certificate of authority and certificate of authority for a continuing care provider shall submit forms in paragraph (3)(a) as directed by the Office electronically at https://www.floir.gov/iportal. The forms may be obtained from https://www.floir.gov/iportal.
(4) Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider.
1. (a) An application for the simultaneous acquisition of a continuing care facility and issuance of a certificate of authority consists of the following if applicable:
  1. Form OIR-C1-2219, “Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider,” incorporated by reference in Rule 69O-136.100, F.A.C.;
  2. Form OIR-C1-144, “Service of Process Consent & Agreement,” incorporated by reference in Rule 69O-136.100, F.A.C.;
  3. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,
  4. Form OIR-C1-2221, “Management Information Form,” incorporated by reference in Rule 69O-136.100, F.A.C.
2. (b) A person applying for simultaneous acquisition of a continuing care facility and issuance of a certificate of authority shall submit forms in paragraph (4)(a) as directed by the Office electronically at https://www.floir.gov/iportal.
3. (c) Disclaimer of Control
  1. A person may attempt to rebut a presumption of control pursuant to Section 651.0245, F.S., by electronically filing at https://www.floir.gov/iportal one of the following forms, which may be obtained from https://www.floir.gov/iportal, with the Office:
  a. Form OIR-C1-1467, “Disclaimer of Control - Individual,” incorporated by reference in Rule 69O-136.100, F.A.C.;
  b. Form OIR-C1-1468, “Disclaimer of Control - Entity,” incorporated by reference in Rule 69O-136.100, F.A.C.;
  c. Form OIR-C1-2211, “Disclaimer of Control – Investment Companies,” incorporated by reference in Rule 69O-136.100, F.A.C.
  2. A person may attempt to rebut a presumption of control pursuant to section 651.0245, F.S., by filing a copy of a Schedule 13G filed with the Securities and Exchange Commission pursuant to Rule 13d-1(b) or (c), 17 C.F.R. s. 240.13d-1, under the Securities Exchange Act of 1934, as amended, to the Office electronically at https://www.floir.gov/iportal.
  3. Pursuant to Section 651.0245(6), F.S., the Office is authorized to disallow a disclaimer of control filed pursuant to subparagraphs (4)(c)1. and (4)(c)2.
(5) Application for Expansion.
1. (a) An application for a person applying for expansion of a certificated continuing care facility consists of the following:
  1. Form OIR-C1-2218, “Application for Expansion of a Certificated Continuing Care Facility,” incorporated by reference in Rule 69O-136.100, F.A.C.;
  2. The biographical information package defined in subsection 69O-136.100(3), F.A.C.; and,
  3. Form OIR-C1-2221, “Management Information Form,” incorporated by reference in Rule 69O-136.100, F.A.C.
2. (b) A person applying for expansion of a certificated continuing care facility shall submit forms in paragraph (5)(a) as directed by the Office electronically at https://www.floir.gov/iportal. The forms may be obtained from https://www.floir.gov/iportal.
(6) Manager or Management Company.
1. (a) To comply with the filing requirements of Section 651.043(2), F.S., for each new management company or manager not employed by a management company within 10 business days of a change in management, the provider shall submit the following:
  1. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,
  2. A copy of the written management contract, if applicable.
2. (b) The documents in paragraph (6)(a) shall be submitted to the Office electronically at https://www.floir.gov/iportal. The forms may be obtained from https://floir.gov/iportal.

Rulemaking Authority 651.015(3), 651.0215(2), 651.022(2), 651.0245(3), (5), (6), 651.0246(1) FS. Law Implemented 651.0215, 651.022, 651.023, 651.024, 651.0245, 651.0246, 651.043 FS. History–New 7-16-92, Formerly 4-193.003, Amended 3-12-20, 7-21-22, 1-17-24, Formerly 69O-193.003, Amended 3-31-25, Technical Change 2-6-26.