Section 464 Assisted Living Facilities
Assisted living facilities shall comply with the following design and construction standards as described herein.
Note: Other administrative and programmatic provisions may apply. See Agency of Health Care Administration (AHCA) Rule 58A-5, Florida Administrative Code and Chapter 400 Part III, Florida Statutes.
ASSISTED LIVING FACILITY. Any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator. The following are exempted from this definition:
DISTINCT PART. Designated bedrooms or apartments, bathrooms and a living area; or a separately identified wing, floor or building which includes bedrooms or apartments, bathrooms and a living area. The distinct part may include a separate dining area, or meals may be served in another part of the facility.
EXTENDED CONGREGATE CARE. Acts beyond those authorized in subsection (5) that may be performed pursuant to Part I of Chapter 464, Florida Statutes, by persons licensed thereunder while carrying out their professional duties. The purpose of such services is to enable residents to age in place in a residential environment despite mental or physical limitations that might otherwise disqualify them from residency in a facility licensed under this part.
PERSONAL SERVICES. Direct physical assistance with or supervision of the activities of daily living and the self-administration of medication and other similar services which the department may define by rule. Personal services shall not be construed to mean the provision of medical, nursing, dental or mental health services.
RELATIVE. An individual who is the father, mother, stepfather, stepmother, son, daughter, brother, sister, grandmother, grandfather, great-grandmother, greatgrandfather, grandson, granddaughter, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-inlaw, sister-in-law, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister of an owner or administrator.
RENOVATION. Additions, repairs, restorations or other improvements to the physical plant of the facility within a five-year period that costs in excess of 50 percent of the value of the building as reported on the tax rolls, excluding land, before the renovation.
RESIDENT'S REPRESENTATIVE OR DESIGNEE. A person other than the owner, or an agent or employee of the facility, designated in writing by the resident, if legally competent, to receive notice of changes in the contract executed pursuant to Section 400.424, Florida Statutes; to receive notice of and to participate in meetings between the resident and the facility owner, administrator or staff concerning the rights of the resident; to assist the resident in contacting the ombudsman council if the resident has a complaint against the facility; or to bring legal action on behalf of the resident pursuant to Section 400.429, Florida Statutes.
A minimum of 35 square feet (3 m2) of living and dining space per resident, live-in staff and livein family member shall be provided except in facilities comprised of apartments. This space shall include living, dining, recreational or other space designated accessible to all residents, and shall not include bathrooms, corridors, storage space or screened porches which cannot be adapted for year round use. Facilities with apartments may count the apartment's living space square footage as part of the 35 square footage (3 m2) living and dining space requirement.
Those facilities also serving as adult day care centers must provide an additional 35 square feet (3 m2) of living and dining space per adult day care client. Excess floor space in residents' bedrooms or apartments cannot be counted toward meeting the requirement of 35 square feet (3 m2) of living and dining space requirements for adult day care participants. Day care participants may not use residents' bedrooms for resting unless the room is currently vacant.