# Florida — Assisted living facility minimum staffing requirements by US state — how many staff must be on duty, and what that guarantees

For Florida, which rule this is is only staff actually on the job count towards the minimum staffing hours; type of staffing rule is counting rule; minimum staffing requirement is Only on-the-job staff may be counted in meeting the minimum staffing hours. Vacant positions or absent staff may not be counted; regulatory citation is Fla. Admin. Code Ann. R. 59A-36.010, recorded from its source on 2026-08-18.

- **State:** Florida _(our reading, not quoted from the source)_
- **Which rule this is:** only staff actually on the job count towards the minimum staffing hours _(our reading, not quoted from the source)_
- **Type of staffing rule:** counting rule _(our reading, not quoted from the source)_
- **Minimum staffing requirement:** Only on-the-job staff may be counted in meeting the minimum staffing hours. Vacant positions or absent staff may not be counted _(verified: appears in the quote below)_
- **Regulatory citation:** Fla. Admin. Code Ann. R. 59A-36.010 _(verified: appears in the quote below)_

## What the source says

> 9. Only on-the-job staff may be counted in meeting the minimum staffing hours. Vacant positions or absent staff may not be counted.

## Source

- https://www.law.cornell.edu/regulations/florida/Fla-Admin-Code-Ann-R-59A-36-010

Last verified: 2026-08-18. Review by: 2027-08-18.
Part of [Assisted living facility minimum staffing requirements by US state — how many staff must be on duty, and what that guarantees](https://referencesource.org/assisted-living-facility-staffing-ratios-by-state/).