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DOEA Rulemaking

The rules included in this section are rules in development or are proposed rules. These rules have not been adopted in final form. For current adopted rules, please refer to DOEA Rules and Statutes.

COVID-19 DOEA Emergency Order 20-01 Revised (pursuant to Executive Order 20-52)

Guidance from the Department of Elder Affairs (RE: DOEA Emergency Order 20-01 Revised)

Update on Emergency Generator Power Rule for Assisted Living Facilities

Effective July 1, 2019, DOEA no longer has authority to adjudicate petitions for variance or waiver of Rule 58A-5.036, Florida Administrative Code (“the ALF EECP Rule”). This authority has been transferred to the Agency for Health Care Administration (AHCA).

Beginning July 1, 2019, please visit AHCA’s website at https://ahca.myflorida.com/ for instructions on how to submit a new petition for variance or waiver of the ALF EECP Rule. Furthermore, as of July 1, 2019, AHCA assumes responsibility for the adjudication of all petitions for variance or waiver of the ALF EECP Rule filed with DOEA prior to July 1, 2019. All questions or additional information related to such petitions should be directed to AHCA.

DOEA will not accept any petition for variance or waiver or additional information in connection with the ALF EECP Rule after Friday, June 28, 2019. Additionally, DOEA will not forward such documents to AHCA; it is the Petitioner’s responsibility to ensure that they are submitted to AHCA..

General Information Regarding Submitting a Waiver Petition

Click on the links below for more information:

Update on Emergency Generator Power Rule for Assisted Living Facilities

On March 9, 2018, the Florida Legislature ratified Department of Elder Affairs rule 58A-5.036, Florida Administrative Code. A copy of the rule can be found here: https://www.flrules.org/gateway/ruleNo.asp?id=58A-5.036

Assisted Living Facilities now have until June 1, 2018, to come into compliance with the requirements of the rule. Emergency management plans should be submitted to the facility’s local emergency management office. Please consult the rule for more details.

For more information on extensions of time or other details related to compliance, please visit http://ahca.myflorida.com/mchq/emergency_activities/epp.shtml

If the document you are looking for is not available on our website, you can request it through our Public Records Office.
Please contact:

Djanet Cannady
Office of the General Counsel
Florida Department of Elder Affairs
4040 Esplanade Way
Tallahassee, FL 32399-7000
Email: doeapublicrecords@elderaffairs.org
Phone: 850-414-2114
Fax: 850-414-2126

Federal Aging Programs


Purpose And Effect: The Department of Elder Affairs announces the commencement of rulemaking proceedings to implement statutory changes to Parts I and II of ch. 744, F.S., and to the Department’s oversight of public and professional guardians.

Subject Area To Be Addressed: The rulemaking will establish standards of practice, complaint investigations, disciplinary guidelines, and enforcement procedures for public and professional guardians as well as implement revision of rules as needed based on legislative changes.

Emergency Petitions For variance from Rule 58A-5.036, F.A.C.

Your Right to Submit Comments on Emergency Petitions

All petitions for emergency variance or waiver received by the Department are published to the Department’s website below. The petitions are listed in the order that they are received and are accompanied by the date of notice (date the petition was published to the website). Pursuant to Rule 28-104.005, F.A.C., interested persons or other agencies may submit written comments on a petition for emergency variance or waiver within 5 days of notice by e-mail to alfrulecomment@elderaffairs.org. Please note: Notice of the Department’s receipt of an emergency petition for variance or waiver is also published in the Florida Administrative Register (FAR). Petitions listed/published on the website before May 3, 2019, were appropriately noticed for comment in FAR and do not include dates of website publication. Written comments will be accepted within 5 days of notice on the Department’s website or publication in FAR, whichever date is later.

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