69O-136.042. Continuing Care Contracts

(1) Application for Certificate of Authority. (a) An application for a person applying for a certificate of authority for a continuing care provider consists of the following: 1. Form OIR-C1-473, incorporated by reference in Rule 69O-136.100, F.A.C. 2. Form OIR-C1-144, “Service of Process Consent & Agreement,” incorporated by reference in Rule 69O-136.100, F.A.C.; 3. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and, 4. Form OIR-C1-2221, “Management Information Form,” incorporated by reference in Rule 69O-136.100, F.A.C. (b) A person applying for a certificate of authority as a continuing care provider shall submit forms in paragraph (1)(a) as directed by the Office electronically at https://www.floir.gov/iportal. The forms may be obtained from https://www.floir.gov/iportal. (2) Application for Provisional Certificate of Authority. (a) An application for a person applying for a provisional certificate of authority for a continuing care provider consists of the following if applicable: 1. Form OIR-C1-471, incorporated by reference in Rule 69O-136.100, F.A.C.; 2. Form OIR-C1-144, “Service of Process Consent & Agreement,” incorporated by reference in Rule 69O-136.100; 3. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and, 4. Form OIR-C1-2221, “Management Information Form,” incorporated by reference in Rule 69O-136.100. (b) A person applying for a provisional certificate of authority as a continuing care provider shall submit forms in paragraph (2)(a) as directed by the Office electronically at https://www.floir.gov/iportal. The forms may be obtained from https://www.floir.gov/iportal. (3) Consolidated Application for Provisional Certificate of Authority and Certificate of Authority. (a) A consolidated application for a provisional certificate of authority and certificate of authority for a continuing care provider consists of the following if applicable: 1. Form OIR-C1-2220, “Consolidated Application for Provisional Certificate of Authority and Certificate of Authority for a Continuing Care Provider,” incorporated by reference in Rule 69O-136.100, F.A.C.; 2. Form OIR-C1-144, “Service of Process Consent & Agreement,” incorporated by reference in Rule 69O-136.100; 3. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and, 4. Form OIR-C1-2221, “Management Information Form,” incorporated by reference in Rule 69O-136.100. (b) A person filing a consolidated application for provisional certificate of authority and certificate of authority for a continuing care provider shall submit forms in paragraph (3)(a) as directed by the Office electronically at https://www.floir.gov/iportal. The forms may be obtained from https://www.floir.gov/iportal. (4) Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider. (a) An application for the simultaneous acquisition of a continuing care facility and issuance of a certificate of authority consists of the following if applicable: 1. Form OIR-C1-2219, “Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider,” incorporated by reference in Rule 69O-136.100, F.A.C.; 2. Form OIR-C1-144, “Service of Process Consent & Agreement,” incorporated by reference in Rule 69O-136.100, F.A.C.; 3. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and, 4. Form OIR-C1-2221, “Management Information Form,” incorporated by reference in Rule 69O-136.100, F.A.C. (b) A person applying for simultaneous acquisition of a continuing care facility and issuance of a certificate of authority shall submit forms in paragraph (4)(a) as directed by the Office electronically at https://www.floir.gov/iportal. (c) Disclaimer of Control 1. A person may attempt to rebut a presumption of control pursuant to Section 651.0245, F.S., by electronically filing at https://www.floir.gov/iportal one of the following forms, which may be obtained from https://www.floir.gov/iportal, with the Office: a. Form OIR-C1-1467, “Disclaimer of Control - Individual,” incorporated by reference in Rule 69O-136.100, F.A.C.; b. Form OIR-C1-1468, “Disclaimer of Control - Entity,” incorporated by reference in Rule 69O-136.100, F.A.C.; c. Form OIR-C1-2211, “Disclaimer of Control – Investment Companies,” incorporated by reference in Rule 69O-136.100, F.A.C. 2. A person may attempt to rebut a presumption of control pursuant to section 651.0245, F.S., by filing a copy of a Schedule 13G filed with the Securities and Exchange Commission pursuant to Rule 13d-1(b) or (c), 17 C.F.R. s. 240.13d-1, under the Securities Exchange Act of 1934, as amended, to the Office electronically at https://www.floir.gov/iportal. 3. Pursuant to Section 651.0245(6), F.S., the Office is authorized to disallow a disclaimer of control filed pursuant to subparagraphs (4)(c)1. and (4)(c)2. (5) Application for Expansion. (a) An application for a person applying for expansion of a certificated continuing care facility consists of the following: 1. Form OIR-C1-2218, “Application for Expansion of a Certificated Continuing Care Facility,” incorporated by reference in Rule 69O-136.100, F.A.C.; 2. The biographical information package defined in subsection 69O-136.100(3), F.A.C.; and, 3. Form OIR-C1-2221, “Management Information Form,” incorporated by reference in Rule 69O-136.100, F.A.C. (b) A person applying for expansion of a certificated continuing care facility shall submit forms in paragraph (5)(a) as directed by the Office electronically at https://www.floir.gov/iportal. The forms may be obtained from https://www.floir.gov/iportal. (6) Manager or Management Company. (a) To comply with the filing requirements of Section 651.043(2), F.S., for each new management company or manager not employed by a management company within 10 business days of a change in management, the provider shall submit the following: 1. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and, 2. A copy of the written management contract, if applicable. (b) The documents in paragraph (6)(a) shall be submitted to the Office electronically at https://www.floir.gov/iportal. The forms may be obtained from https://floir.gov/iportal.