Florida Regulations 65H-1.012: Application and Certification Process
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(1) Certification Eligibility.
(a) To be eligible for certification an applicant shall be a not-for-profit corporation created for the purpose of operating a domestic violence center. The not-for-profit corporation may be affiliated with a local government entity or a larger private organization but must be a distinct entity with its own corporate structure and budget. Existing domestic violence centers initially certified prior to November 30, 2009, shall be exempt from the foregoing requirement. All funding and budget issues pertaining to the operation of the domestic violence program must be reported independently from other activities. The domestic violence center’s primary mission shall be the provision of services to victims of domestic violence, as defined in Florida Statutes § 741.28
(b) When an applicant is seeking certification within the service area of an existing certified center, the applicant shall demonstrate the unmet need in that service area.
(c) Only applicants that have been in operation and providing domestic violence services for 18 consecutive months, including 12 months operation of an emergency shelter, as detailed in this rule chapter and Florida Statutes § 39.905, may apply to the Department for certification.
(d) Applicants for initial certification must demonstrate an ability to operate, garner community support, and maintain solvency by providing proof of the following:
1. Satisfactory environmental health inspection report completed within the last 365 days by the local health department.
2. Satisfactory fire safety inspection report completed within the last 365 days by the local fire authority.
3. Financial ability to provide services and shelter.
4. Maintenance of all records pertaining to the operation of the domestic violence program and provision of services in a manner such that the records are readily accessible.
(2) Application. Application for initial certificaton shall be made on Form CF 613, Domestic Violence Center Certification Application, https://www.flrules.org/Gateway/reference.asp?No=Ref-11895, April 2020, which is incorporated by reference. The full-time administrator, board president, or the designated representative of a corporation shall complete the application. The application shall include the following attachments:
(a) Business Plan. The business plan shall provide a comprehensive description of all administrative and programmatic activities for current and future operations. The plan must include the following:
1. Executive Summary. The executive summary shall include, at a minimum, the mission, goals, objectives, and history of organization.
2. Community Support. The applicant must demonstrate that the organization is publicly supported, both programmatically and financially. The financial documentation shall demonstrate a 25 percent local match in the form of cash, in-kind services, or a combination thereof. Written endorsement by local law enforcement agencies, and three letters of support from community partners shall also be included.
3. Financial Plan. The financial plan shall include the organization’s income statement, which identifies revenues by source and expenditures by category; 25 percent local match in the form of cash, in-kind services, or a combination thereof; an independent financial audit covering the previous 18 months operation as a domestic violence program, conducted by a certified public accountant licensed under Florida Statutes Chapter 473; and a plan for sustainability with projected revenues and expenditures for the 24 months of operation following date of certification.
4. Management Plan. The management plan shall include a detailed description of the organization’s legal and organizational structure, including names, contact information and resumes for the management team, board of directors, and, if applicable, any advisory boards. The plan must include documentation of the selection process, code of conduct, duties and responsibilities, training requirements, and minutes from the past six meetings of the board of directors, and, if applicable, any advisory boards. Copies of by-laws, IRS tax exemption determination letter, Federal Employment Identification (FEID) number, city business license, county business license, and certificate of status or acknowledgement letter of registration from the Florida Department of State shall also be included.
5. Market Analysis and Plan. The market analysis shall include a description of the local need for domestic violence services and how those needs are met or unmet. The applicant must demonstrate that services address a need identified in the most current statewide needs assessment approved by the Department. The current needs assessment may be obtained from the Domestic Violence Program Office or on the Department’s website at http://www.myflfamilies.com/service-programs/domestic-violence/reports-publications. Descriptions of the service area and demographics, efforts to avoid duplication of services, and strategies for public awareness and fundraising shall also be included.
6. Personnel Plan. The personnel plan shall include an organizational chart identifying all center employees. The plan must clearly describe each employee’s responsibilities, and include clear lines of authority, accountability, and lines of communication; processes for evaluations and disciplinary action; position descriptions; and the shift schedule for the emergency shelter. The personnel plan must also include the provider’s staff training and development plan and meet the requirements provided in Fl. Admin. Code R. 65H-1.013, and an explanation of measures utilized to maintain the safety of persons receiving services, including, at a minimum, any background screening, reference checks, verification of previous employment, and certifications of center employees.
7. Operations Plan. The operations plan shall include a description of the facilities with city of location, equipment, and assets. Approval of the shelter facilities signed by local authorized zoning, building, and other applicable permitting agencies, based upon inspections not more than 60 days prior to the date of filing the certification application is also required. Those buildings that have pre-established schedules with local regulatory agencies for annual re-inspection may submit written documentation of the results of such inspection held within the past calendar year. The operations plan must also include the provider’s emergency management plan and meet the requirements provided in Fl. Admin. Code R. 65H-1.013
8. Service Plan. The service plan shall include an identification and comprehensive description of each service required by Florida Statutes § 39.905, and any additional services and programs provided by the provider. The description must illustrate the manner in which services will be integrated with existing resources for domestic violence victims, for example, inter-agency agreements. For each of the services required in Florida Statutes § 39.905, the applicant must address the needs of underserved populations, including populations that are underserved because of disabilities, ethnicity, race, language, or geographic isolation, and specific efforts to reach each of these populations within the organization’s service area. Documentation of services shall include services provided during the previous 18 months of operation as a domestic violence program and include the number of persons served for each required service, and the gender, age, and ethnicity of the people served.
(b) Operating Policies and Procedures Manual. The applicant’s operating policies and procedures manual must meet the requirements provided in Fl. Admin. Code R. 65H-1.013
(3) Certification.
(a) Certification is for one year and automatically expires on June 30 of each year unless extended to allow implementation of a corrective action plan as set forth in Fl. Admin. Code R. 65H-1.017
(b) The Department will annually renew a center’s certification upon the June 30 expiration date provided the center has received a favorable monitoring report from the Department or contracted entity.
(c) Failure to comply with any of the requirements in Florida Statutes § 39.905 or this rule chapter constitutes grounds to deny, suspend, revoke the certification as provided in Fl. Admin. Code R. 65H-1.017 However, if the corrective action period extends beyond the June 30 expiration date, the Department will extend the certification for a period not to exceed 90 days to allow the center to complete a corrective action plan as provided in Fl. Admin. Code R. 65H-1.017
(d) Certification is non-transferable and valid only for the center and designated service area listed on the certificate issued by the Department.
(e) The provider may operate satellite service centers at different locations. If the provider wishes to change the location of service, close a service center, or open additional service centers during an existing certification period, the provider must notify the Department, in writing, at least 30 days prior to the change or addition, and request approval from the Department. The Department will grant approval for additional service centers if the provider is financially and programmatically capable of supporting additional service locations, the new or additional location is within the center’s designated service area, and there is no pending corrective action pertaining to the provider. If the Department does not grant approval for additional sites, the provider may not utilize funds distributed through the formula as set forth in Fl. Admin. Code R. 65H-1.018 to operate those locations.
Rulemaking Authority 39.903 FS. Law Implemented Florida Statutes § 39.903. History-New 11-30-09, Formerly 65H-1.001, 65H-1.002, Amended 2-5-15, 5-4-20.
Terms Used In Florida Regulations 65H-1.012
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
(b) When an applicant is seeking certification within the service area of an existing certified center, the applicant shall demonstrate the unmet need in that service area.
(c) Only applicants that have been in operation and providing domestic violence services for 18 consecutive months, including 12 months operation of an emergency shelter, as detailed in this rule chapter and Florida Statutes § 39.905, may apply to the Department for certification.
(d) Applicants for initial certification must demonstrate an ability to operate, garner community support, and maintain solvency by providing proof of the following:
1. Satisfactory environmental health inspection report completed within the last 365 days by the local health department.
2. Satisfactory fire safety inspection report completed within the last 365 days by the local fire authority.
3. Financial ability to provide services and shelter.
4. Maintenance of all records pertaining to the operation of the domestic violence program and provision of services in a manner such that the records are readily accessible.
(2) Application. Application for initial certificaton shall be made on Form CF 613, Domestic Violence Center Certification Application, https://www.flrules.org/Gateway/reference.asp?No=Ref-11895, April 2020, which is incorporated by reference. The full-time administrator, board president, or the designated representative of a corporation shall complete the application. The application shall include the following attachments:
(a) Business Plan. The business plan shall provide a comprehensive description of all administrative and programmatic activities for current and future operations. The plan must include the following:
1. Executive Summary. The executive summary shall include, at a minimum, the mission, goals, objectives, and history of organization.
2. Community Support. The applicant must demonstrate that the organization is publicly supported, both programmatically and financially. The financial documentation shall demonstrate a 25 percent local match in the form of cash, in-kind services, or a combination thereof. Written endorsement by local law enforcement agencies, and three letters of support from community partners shall also be included.
3. Financial Plan. The financial plan shall include the organization’s income statement, which identifies revenues by source and expenditures by category; 25 percent local match in the form of cash, in-kind services, or a combination thereof; an independent financial audit covering the previous 18 months operation as a domestic violence program, conducted by a certified public accountant licensed under Florida Statutes Chapter 473; and a plan for sustainability with projected revenues and expenditures for the 24 months of operation following date of certification.
4. Management Plan. The management plan shall include a detailed description of the organization’s legal and organizational structure, including names, contact information and resumes for the management team, board of directors, and, if applicable, any advisory boards. The plan must include documentation of the selection process, code of conduct, duties and responsibilities, training requirements, and minutes from the past six meetings of the board of directors, and, if applicable, any advisory boards. Copies of by-laws, IRS tax exemption determination letter, Federal Employment Identification (FEID) number, city business license, county business license, and certificate of status or acknowledgement letter of registration from the Florida Department of State shall also be included.
5. Market Analysis and Plan. The market analysis shall include a description of the local need for domestic violence services and how those needs are met or unmet. The applicant must demonstrate that services address a need identified in the most current statewide needs assessment approved by the Department. The current needs assessment may be obtained from the Domestic Violence Program Office or on the Department’s website at http://www.myflfamilies.com/service-programs/domestic-violence/reports-publications. Descriptions of the service area and demographics, efforts to avoid duplication of services, and strategies for public awareness and fundraising shall also be included.
6. Personnel Plan. The personnel plan shall include an organizational chart identifying all center employees. The plan must clearly describe each employee’s responsibilities, and include clear lines of authority, accountability, and lines of communication; processes for evaluations and disciplinary action; position descriptions; and the shift schedule for the emergency shelter. The personnel plan must also include the provider’s staff training and development plan and meet the requirements provided in Fl. Admin. Code R. 65H-1.013, and an explanation of measures utilized to maintain the safety of persons receiving services, including, at a minimum, any background screening, reference checks, verification of previous employment, and certifications of center employees.
7. Operations Plan. The operations plan shall include a description of the facilities with city of location, equipment, and assets. Approval of the shelter facilities signed by local authorized zoning, building, and other applicable permitting agencies, based upon inspections not more than 60 days prior to the date of filing the certification application is also required. Those buildings that have pre-established schedules with local regulatory agencies for annual re-inspection may submit written documentation of the results of such inspection held within the past calendar year. The operations plan must also include the provider’s emergency management plan and meet the requirements provided in Fl. Admin. Code R. 65H-1.013
8. Service Plan. The service plan shall include an identification and comprehensive description of each service required by Florida Statutes § 39.905, and any additional services and programs provided by the provider. The description must illustrate the manner in which services will be integrated with existing resources for domestic violence victims, for example, inter-agency agreements. For each of the services required in Florida Statutes § 39.905, the applicant must address the needs of underserved populations, including populations that are underserved because of disabilities, ethnicity, race, language, or geographic isolation, and specific efforts to reach each of these populations within the organization’s service area. Documentation of services shall include services provided during the previous 18 months of operation as a domestic violence program and include the number of persons served for each required service, and the gender, age, and ethnicity of the people served.
(b) Operating Policies and Procedures Manual. The applicant’s operating policies and procedures manual must meet the requirements provided in Fl. Admin. Code R. 65H-1.013
(3) Certification.
(a) Certification is for one year and automatically expires on June 30 of each year unless extended to allow implementation of a corrective action plan as set forth in Fl. Admin. Code R. 65H-1.017
(b) The Department will annually renew a center’s certification upon the June 30 expiration date provided the center has received a favorable monitoring report from the Department or contracted entity.
(c) Failure to comply with any of the requirements in Florida Statutes § 39.905 or this rule chapter constitutes grounds to deny, suspend, revoke the certification as provided in Fl. Admin. Code R. 65H-1.017 However, if the corrective action period extends beyond the June 30 expiration date, the Department will extend the certification for a period not to exceed 90 days to allow the center to complete a corrective action plan as provided in Fl. Admin. Code R. 65H-1.017
(d) Certification is non-transferable and valid only for the center and designated service area listed on the certificate issued by the Department.
(e) The provider may operate satellite service centers at different locations. If the provider wishes to change the location of service, close a service center, or open additional service centers during an existing certification period, the provider must notify the Department, in writing, at least 30 days prior to the change or addition, and request approval from the Department. The Department will grant approval for additional service centers if the provider is financially and programmatically capable of supporting additional service locations, the new or additional location is within the center’s designated service area, and there is no pending corrective action pertaining to the provider. If the Department does not grant approval for additional sites, the provider may not utilize funds distributed through the formula as set forth in Fl. Admin. Code R. 65H-1.018 to operate those locations.
Rulemaking Authority 39.903 FS. Law Implemented Florida Statutes § 39.903. History-New 11-30-09, Formerly 65H-1.001, 65H-1.002, Amended 2-5-15, 5-4-20.