Regulatory Update

There are several important regulatory deadlines coming up soon for our industry; please make sure you are planning for the following:

(1) Quarterly progress reports for implementation of generators
At this time, all assisted living providers either should have implemented an approved Emergency Power Plan or have been granted the initial extension by AHCA to January 1, 2019.  If you are fully implemented – congratulations! If you were granted the extension, make sure you file your quarterly status reports.  Download the AHCA form

(2) Sales tax refunds for generators
If you paid or will pay Florida sales tax for the purchase of a generator, you will be eligible for a sales tax refund from the Florida Department of Revenue.  The sales refund is an amount up to $15,000 per generator per community.

  • For equipment purchased between July 1, 2017 and March 22, 2018, a refund application must be submitted no later than September 23, 2018.
  • For equipment purchased between March 23, 2018 and December 31, 2018, the refund application must be submitted within six months after the date of purchase.

Download the application, an affidavit, and the Department of Revenue Emergency Rule.

(3) Variance or Waiver request
October 2 is the last day to file for a variance or waiver from the generator rule to extend your implementation date past January 1, 2019.  If you know you will need to extend or may need to extend past January 1, 2019, you should file your petition for a variance on or before October 2.  The state has 90 days to review a petition for a variance or waiver, so if you file on October 2, the state has until December 31 to either grant or deny the request. The review may take longer if the filed petition is deemed incomplete. The emergency environmental control rule, Rule 58A-5.036(4), F.A.C., states:

“If an assisted living facility can show in its quarterly progress reports that unavoidable delays caused by necessary construction, delivery of ordered equipment, zoning or other regulatory approval processes will occur beyond the initial extension date, the assisted living facility may request a waiver pursuant to section 120.542, F.S.”.

The petition for variance or waiver must be filed with the Department of Elder Affairs, not AHCA. Make sure to include the licensees’ name and license number on the filing.  Petitions must be filed by email or regular mail with the Department and a copy to the Joint Administrative procedures Committee at:

Agency Clerk                                                                       Joint Administrative Procedures Committee
Office of the General Counsel                                  111 W. Madison Street
Florida Department of Elder Affairs                     680 Pepper Building
4040 Esplanade Way, Ste. 315                                 Tallahassee, FL 32399-1400
Tallahassee, FL 32399-7000                           

Please review section 120.542, F.S. and Rule 28-104, F.A.C., for more information on petitions for variance or waiver. Although the filing of a petition for variance or waiver does not require an attorney, it is a legal process so please consider whether to involve your legal counsel.

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