LOCAL RULES: RULE 59A-36

Florida policy and procedure manual requirements

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  • The administrator's name
  • Two elopement drills a year
  • Who handles medications in the facility
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Florida assisted living facilities run under part I of chapter 429, Florida Statutes, and the Agency for Health Care Administration's rules in chapter 59A-36. Between them they spell out the staff hours a facility needs, the training, the contract, the house rules, the elopement drills, the emergency plan and the generator. Here is what a Florida assisted living policy and procedure manual has to cover, with each rule linked to its official text.

Last reviewed November 5, 2026 against the official sources listed below.

Policy and procedure manualFLORIDA / FREE CALCULATOR

Staffing minimums

WhatMinimumRule
Residents counted11
Minimum staff hours a week212 hours, counting residents, day care participants and respite residentsRule 59A-36.010 (3) (a)
Staff awake at all hoursNot required under 17 residents; a staff member with records access and one with first aid and CPR are always presentRule 59A-36.010 (3) (a); s. 429.41 (1) (c), F.S.
Automated external defibrillatorNot required under 17 bedss. 429.255 (3), F.S.
Job descriptions and time sheetsNot required under 17Rule 59A-36.010 (2) (e)
Cooled space when the power failsAt least 200 net square feet at or below 81 degrees for 96 hours (20 per resident, counting 80% of 12 beds)Rule 59A-36.025 (1)

These are floors: staff above them whenever residents' care needs call for it. Staff who only cook, clean, maintain the building or work for someone else do not count.

Yearly dates

WhatWhenRule
Resident elopement drillsAt least two in each year, with every administrator and direct care staff members. 429.41 (1) (k), F.S.
Emergency management plan review and submission to the countyBy November 15, 2027, then every yearRule 59A-36.019 (2)
Tuberculosis examinationEvery staff member, every yearRule 59A-36.010 (2)
Medication assistance continuing education2 hours a year for each staff member who helpss. 429.52 (6), F.S.
Administrator continuing education12 contact hours every two yearss. 429.52 (5), F.S.
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What Florida requires

  • The administrator is at least 21, has a high school diploma or GED, passes Level 2 screening, completes core training and the competency test within 90 days and 12 hours of continuing education every two years; the Agency is told of a new administrator within 10 daysFla. Admin. Code R. 59A-36.010 (1) · s. 429.52 (4), (5), F.S.
  • Minimum staff hours per week by residents: 168 for 0 to 5, 212 for 6 to 15, 253 for 16 to 25, 294 for 26 to 35, 335 for 36 to 45, 375 for 46 to 55, 416 for 56 to 65, 457 for 66 to 75, 498 for 76 to 85, 539 for 86 to 95, plus 42 for every 20 over 95Fla. Admin. Code R. 59A-36.010 (3) (a)
  • Always present when residents are: a staff member with access to records and one with current first aid and CPR; with 17 or more residents, one staff member awake at all hours; a working AED in facilities licensed for 17 or more bedsFla. Admin. Code R. 59A-36.010 (3) (a) 3. to 5. · s. 429.255 (3), F.S.
  • 2 hours of preservice orientation before working with residents; in-service training on infection control before personal care and on incidents, emergencies, rights, abuse, resident needs, food handling and elopement within 30 days; 6 hours from a nurse or pharmacist before helping with medications, then 2 hours a years. 429.52 (1), (6), F.S. · Fla. Admin. Code R. 59A-36.011
  • New staff give a health care provider's statement (exam within the prior 6 months) of no communicable disease within 30 days of hire; a negative tuberculosis examination is documented every yearFla. Admin. Code R. 59A-36.010 (2)
  • A medical examination within 60 days before or 30 days after admission; no resident who is bedridden or needs 24-hour nursing supervision except under hospice; an elopement risk assessment within 30 days of admissions. 429.26, F.S. · Fla. Admin. Code R. 59A-36.007 (7) (a)
  • A written contract at admission states the services, rates, 30 days' written notice of rate increases and the refund policy; contracts are kept 5 years after they end; refunds are paid within 45 days after transfer, discharge or deaths. 429.24, F.S.
  • Written house rules in the admission package cover resident responsibilities, alcohol and tobacco, medication storage, elopement, abuse reporting, schedules, infection control, third party providers, assistive devices and physical restraintsFla. Admin. Code R. 59A-36.007 (5) (d)
  • Scheduled activities at least 6 days a week for at least 12 hours a week, planned with residents, with an activities calendar posted in common areasFla. Admin. Code R. 59A-36.007 (2)
  • Written elopement response procedures (immediate search, named staff duties, who calls law enforcement and family, care of other residents), daily ID checks and photos of at-risk residents, and at least two documented elopement drills a year with every administrator and direct care staff members. 429.41 (1) (k), F.S. · Fla. Admin. Code R. 59A-36.007 (7)
  • Unlicensed staff help with self-administration only on the resident's documented request and written informed consent, within the tasks the statute lists, and record each assist; only self-administering residents keep pill organizerss. 429.256, F.S. · Fla. Admin. Code R. 59A-36.008
  • A written grievance procedure and a written way for residents to recommend changes to policies, used whenever a complaint is receiveds. 429.28 (1) (l), F.S. · Fla. Admin. Code R. 59A-36.007 (5) (b)
  • Post the Resident Bill of Rights in full view, and post the ombudsman, Disability Rights Florida, Agency Consumer Hotline and Florida Abuse Hotline numbers near a resident telephone in at least 14-point typeFla. Admin. Code R. 59A-36.007 (5) (a), (c) · s. 429.28 (2), F.S.
  • Written policies on advance directives and DNROs; a DNRO is never a condition of admission; advance directive information and DH Form 1896 are given at admission and the record shows whether one was executedFla. Admin. Code R. 59A-36.009 (1)
  • Adverse incidents, including an elopement that puts the resident at risk, are reported to the Agency through its portal: a preliminary report within 1 business day and a full report within 15 days; abuse, neglect or exploitation goes to the Department of Children and Familiess. 429.23 (2) to (4), (6), F.S.
  • At least 45 days' written notice of relocation or termination of residency, with the reasons and the ombudsman program's toll-free number, except for a physician-certified emergency or harmful conducts. 429.28 (1) (k), F.S.
  • A comprehensive emergency management plan on AHCA Form 3180-5006, submitted to the county emergency management agency within 30 days after licensure and reviewed and submitted every year; staff trained on it, new staff within 30 daysFla. Admin. Code R. 59A-36.019 · s. 429.41 (1) (b), F.S.
  • Report an evacuation to the county emergency management agency and to the Agency within 6 hours of the evacuation order, and know where every resident is until relocatedFla. Admin. Code R. 59A-36.019 (4)
  • An alternate power source kept at the facility able to hold temperatures at or below 81 degrees Fahrenheit for at least 96 hours, in at least 20 net square feet per residentFla. Admin. Code R. 59A-36.025 (1)
  • The emergency plan provides for residents who must be evacuated, with sheltering arrangements, transportation and transfer of recordsFla. Admin. Code R. 59A-36.019 (1) (c)
  • Records readily available at the facility; the license displayed; an admission and discharge log; resident records kept 2 years after a resident leaves and contracts 5 yearsFla. Admin. Code R. 59A-36.015
  • Deficiencies are corrected within 30 calendar days after notice of the inspection results unless the Agency sets another timeframe; a plan of correction, when required, is filed within 10 calendar days; inspection reports are kept 3 years and shown on requests. 408.811 (4) to (6), F.S.

The administrator and the staff hours

The administrator must be at least 21, have a high school diploma or GED, pass Level 2 screening and finish core training and the competency test within 90 days, then 12 hours of continuing education every two years. The Agency must be told of a new administrator within 10 days.

Rule 59A-36.010 sets minimum staff hours per week by the number of residents: 168 for up to 5, 212 for 6 to 15, 253 for 16 to 25, and so on up to 539 for 86 to 95, plus 42 for every 20 more. A staff member with records access and one with current first aid and CPR must be present whenever residents are, someone must be awake at all hours with 17 or more residents, and facilities with 17 or more beds keep an AED on site.

Screening and training

Staff need Level 2 screening, a health statement within 30 days of hire and a yearly negative tuberculosis test. New employees get 2 hours of preservice orientation before working with residents, infection control training before personal care, and in-service training within 30 days on incidents, emergencies, rights, abuse, resident needs, food handling and elopement. Staff who help with medications first take 6 hours from a nurse or pharmacist, then 2 hours a year.

Admission, contracts and house rules

Each resident needs a medical examination within 60 days before or 30 days after admission, and an elopement risk assessment within 30 days. A facility may not admit or keep a resident who is bedridden or needs 24-hour nursing supervision, except under hospice.

The contract states the services, the rates and at least 30 days' written notice of a rate increase, with a refund policy that pays within 45 days after a transfer, discharge or death; contracts are kept 5 years after they end. The house rules must cover ten listed topics, from alcohol and tobacco to elopement and physical restraints, and activities must be scheduled at least 6 days and 12 hours a week.

Elopement, medications and rights

Florida requires written elopement response procedures, daily identification checks and photos of at-risk residents, and at least two documented elopement drills a year with every administrator and direct care staff member. Unlicensed staff help with medications only on the resident's documented request and written informed consent, within the tasks the statute lists.

The facility needs a written grievance procedure. The Resident Bill of Rights is posted in full view, and the ombudsman, Disability Rights Florida, Agency Consumer Hotline and Florida Abuse Hotline numbers are posted near a resident telephone in at least 14-point type. Residents get at least 45 days' written notice of relocation or termination, except in an emergency the law allows.

Incidents, emergencies and inspections

Adverse incidents go to the Agency's portal: a preliminary report within 1 business day and a full report within 15 days. The comprehensive emergency management plan, on AHCA Form 3180-5006, goes to the county emergency management agency within 30 days after licensure and every year after; an evacuation is reported within 6 hours of the order. The facility must have an alternate power source able to keep at least 20 square feet per resident at or below 81 degrees for 96 hours.

After an inspection, deficiencies are corrected within 30 calendar days of notice unless the Agency sets another timeframe, and a plan of correction, when the Agency asks for one, is due within 10 calendar days. Inspection reports are kept for 3 years and shown to residents, applicants and families who ask.

Common mistakes

  • Using a manual written for another state: Florida's staff-hours table, 45-day notice and elopement drills are its own.
  • Forgetting the second elopement drill of the year, or not documenting who took part.
  • Posting the hotline numbers in small print: the rule asks for at least 14-point type near a resident telephone.
  • Letting the emergency management plan's yearly county submission lapse.
  • Having unlicensed staff help with medications without the resident's written informed consent on file.

Sources

Last reviewed November 5, 2026. Next review due February 5, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.