WARNING: The 48-Hour Rule Every ALF Owner Must Know

WARNING: Leaving Your Facility Uncovered —The 48-Hour Rule Every ALF Owner Must Know

WARNING: Leaving Your Facility Uncovered —The 48-Hour Rule Every ALF Owner Must Know

Running an assisted living facility in Florida means wearing many hats—but there’s one responsibility you cannot afford to ignore: who is in charge when you’re not there?

Under Florida Administrative Code 59A-36.010(3) Staffing Standards, there is a clear and non-negotiable rule that trips up many facilities, especially smaller ones:

“During periods of temporary absence of the administrator or manager of more than 48 hours when residents are on the premises, a staff member who is at least 21 years of age must be physically present and designated in writing to be in charge of the facility.”

Let that sink in: If you’re gone for more than 48 hours, the clock is ticking—and your facility must have someone officially assigned as the person in charge. Not a verbal agreement. Not a quick text message. It must be in writing.

Why Does This Matter?

It’s easy to brush this off—thinking, “Well, my staff knows what to do if I’m gone.”
But if something happens while you’re away—an incident, a fall, a fire, or a regulatory visit—and you don’t have the proper documentation assigning authority, you could be in immediate violation.

Fines. Licensure action. Lawsuits. Worse—your reputation. All because a simple piece of paper was missing.

What Should You Do Now?

  1. Create a Designation of Authority Form
    Have a simple form ready that clearly states:
    • The start and end date of your absence
    • The full name of the designated staff member (age verified as 21+)
    • Their signature accepting the responsibility
    • Your signature confirming the assignment
  2. Train Your Designated Staff
    Make sure whoever you assign knows what “being in charge” really means—handling emergencies, resident care issues, and knowing when to call for help.
  3. Keep the Document On-Site
    Surveyors will not care if you “meant” to do it. They will ask for the document. Have it ready and easily accessible.

Final Thoughts: Compliance is the Easy Part—Ignoring It is Costly

This rule isn’t just a regulation—it’s protection for your residents, your business, and your license. The good news? It’s simple to comply. The bad news? If you skip it, the fallout is real.

Don’t let a weekend getaway or an unexpected emergency leave your facility vulnerable.

Put it in writing. Protect your license. Lead like a Boss.