(1) The center shall establish and maintain a record of all funds held in trust, if any, and the participant funds shall be kept separate from the center funds. Such funds shall be used or expended only at the request of the participant, the participant’s representative, designee, surrogate, guardian, or attorney-in-fact, if applicable.

Terms Used In Florida Regulations 59A-16.108

  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
    (2) The center shall furnish at least annually, a complete verified statement of such funds or property to the participant or to the guardian or responsible person, detailing the amount and items received with sources and disposition. Such a report also shall be made at termination or transfer from the center.
    (3) Any agency, governmental or private, contributing funds or property to the account of a participant, shall, upon request, be entitled to receive such a statement annually and upon termination or transfer.
    (4) Centers shall maintain liability insurance coverage in force at all times. On the renewal date of the center’s policy or whenever a center changes policies, the center shall file documentation with the AHCA, ADC Program, 2727 Mahan Drive, Tallahassee, FL 32308. Such documentation shall be issued by the insurance company, shall include the name of the center, dates of coverage and shall meet the criteria of this chapter.
Rulemaking Authority 429.929 FS. Law Implemented Florida Statutes § 429.929. History-New 7-8-81, Formerly 10A-6.12, 10A-6.012, 59A-16.012, Amended 11-9-95, 3-29-98, Formerly 58A-6.012, 7-1-19.