Chapter 393 — Chapter 393
35 sections in this chapter.
Fla. Stat. § 393.002 Transfer of Florida Developmental Disabilities Council as formerly created in this chapter to private nonprofit corporation
4.5K chars
(1) The Governor, by executive order, shall designate a nonprofit corporation as the agency to receive federal funds to implement, on behalf of the State of Florida, Part B of the Developmental Disabilities Assistance and Bill of Rights Act under 42 U.S.C. ss. 6000 et seq., as am…
Fla. Stat. § 393.062 Legislative findings and declaration of intent
2.1K chars
The Legislature finds and declares that existing state programs for the treatment of individuals with developmental disabilities, which often unnecessarily place clients in institutions, are unreasonably costly, are ineffective in bringing the individual client to his or her maxi…
Fla. Stat. § 393.063 Definitions
30.1K chars
For the purposes of this chapter, the term:(1) “Adult day training” means a program of services which takes place in a nonresidential setting, separate from the home or facility in which the client resides, and is intended to support the participation of clients in meaningful and…
Fla. Stat. § 393.064 Care navigation
7.3K chars
(1) Within available resources, the agency shall offer to clients and their caregivers care navigation services for voluntary participation at the time of application and as part of any eligibility or renewal review. The goals of care navigation are to create a seamless network o…
Fla. Stat. § 393.065 Application and eligibility determination
26.2K chars
(1)(a) The agency shall develop and implement an online application process that, at a minimum, supports paperless, electronic application submissions with immediate e-mail confirmation to each applicant to acknowledge receipt of application upon submission. The online applicatio…
Fla. Stat. § 393.0651 Family or individual support plan
10.4K chars
The agency shall provide directly or contract for the development of a family support plan for children ages 3 to 18 years of age and an individual support plan for each client served by the home and community-based services Medicaid waiver program under s. 393.0662. The client, …
Fla. Stat. § 393.0654 Direct service providers; private sector services
1.8K chars
It is not a violation of s. 112.313(7) for a direct service provider who is employed by the agency to own, operate, or work in a private facility that is a service provider under contract with the agency if:(1) The employee does not have any role in the agency’s placement recomme…
Fla. Stat. § 393.0655 Screening of direct service providers
9.9K chars
(1) MINIMUM STANDARDS.—The agency shall require level 2 employment screening pursuant to chapter 435 for direct service providers who are unrelated to their clients, including support coordinators, and managers and supervisors of residential facilities or adult day training progr…
Fla. Stat. § 393.0657 Persons not required to be refingerprinted or rescreened
0.6K chars
Persons who have undergone any portion of the background screening required under s. 393.0655 within the last 12 months are not required to repeat such screening in order to comply with the screening requirements if such persons have not been unemployed for more than 90 consecuti…
Fla. Stat. § 393.066 Community services and treatment
8.1K chars
(1) The agency shall plan, develop, organize, and implement its programs of services and treatment for persons with developmental disabilities to allow clients to live as independently as possible in their own homes or communities and to achieve productive lives as close to norma…
Fla. Stat. § 393.0662 Individual budgets for delivery of home and community-based services; iBudget system established
21.8K chars
The Legislature finds that improved financial management of the existing home and community-based Medicaid waiver program is necessary to avoid deficits that impede the provision of services to individuals who are on the waiting list for enrollment in the program. The Legislature…
Fla. Stat. § 393.0663 Support coordination; legislative intent; qualified organizations; agency duties; due process; rulemaking
6.9K chars
(1) LEGISLATIVE INTENT.—To enable the state to provide a systematic approach to service oversight for persons providing care to individuals with developmental disabilities, it is the intent of the Legislature that the agency work in collaboration with relevant stakeholders to ens…
Fla. Stat. § 393.067 Facility licensure
14.4K chars
(1) The agency shall provide through its licensing authority and by rule license application procedures, provider qualifications, facility and client care standards, requirements for client records, requirements for staff qualifications and training, and requirements for monitori…
Fla. Stat. § 393.0673 Denial, suspension, or revocation of license; moratorium on admissions; administrative fines; procedures
8.6K chars
(1) The following constitute grounds for which the agency may take disciplinary action, including revoking or suspending a license and imposing an administrative fine, not to exceed $1,000 per violation per day:(a) The licensee has:1. Falsely represented or omitted a material fac…
Fla. Stat. § 393.0674 Penalties
2.9K chars
(1) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:(a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for …
Fla. Stat. § 393.0675 Injunctive proceedings authorized
2.3K chars
(1) The agency may institute injunctive proceedings in a court of competent jurisdiction to:(a) Enforce the provisions of this chapter or any minimum standard, rule, regulation, or order issued or entered pursuant thereto; or(b) Terminate the operation of facilities licensed purs…
Fla. Stat. § 393.0678 Receivership proceedings
25.8K chars
(1) The agency may petition a court of competent jurisdiction for the appointment of a receiver for a residential habilitation center or a group home facility owned and operated by a corporation or partnership when any of the following conditions exist:(a) Any person is operating…
Fla. Stat. § 393.0679 Utilization review
0.4K chars
The agency shall conduct utilization review activities in intermediate care facilities for individuals with developmental disabilities, both public and private, as necessary to meet the requirements of the approved Medicaid state plan and federal law, and such facilities shall co…
Fla. Stat. § 393.068 Family care program
6.1K chars
(1) The family care program is established for the purpose of providing services and support to families and individuals with developmental disabilities in order to maintain the individual in the home environment and avoid costly out-of-home residential placement. Services and su…
Fla. Stat. § 393.0695 Provision of in-home subsidies
2.8K chars
(1) The agency may pay in-home subsidies to clients enrolled in the family care program or supported living when it is determined to be more cost-effective and in the best interest of the client to provide a cash supplement to the client’s income to enable the client to remain in…
Fla. Stat. § 393.071 Client fees
0.2K chars
The agency shall charge fees for services provided to clients in accordance with s. 402.33. All funds collected pursuant to this section shall be deposited in the Operations and Maintenance Trust Fund.
Fla. Stat. § 393.075 General liability coverage
3.2K chars
(1) As used in this section, the term “children” means those persons under the age of 18 years.(2) The Division of Risk Management of the Department of Financial Services shall provide coverage through the agency to any person who owns or operates a foster care facility or group …
Fla. Stat. § 393.11 Involuntary admission to residential services
34.6K chars
(1) JURISDICTION.—If a person has an intellectual disability or autism and requires involuntary admission to residential services provided by the agency, the circuit court of the county in which the person resides has jurisdiction to conduct a hearing and enter an order involunta…
Fla. Stat. § 393.115 Discharge
2.9K chars
(1) DISCHARGE AT THE AGE OF MAJORITY.—(a) When any residential client reaches his or her 18th birthday, the agency shall give the resident or legal guardian the option to continue residential services or to be discharged from residential services.(b) If the resident appears to me…
Fla. Stat. § 393.12 Capacity; appointment of guardian advocate
35.3K chars
(1) CAPACITY.—(a) A person with a developmental disability may not be presumed incapacitated solely by reason of his or her acceptance in nonresidential services or admission to residential care and may not be denied the full exercise of all legal rights guaranteed to citizens of…
Fla. Stat. § 393.122 Applications for continued residential services
0.6K chars
(1) If a client is discharged from residential services under the provisions of s. 393.115, application for needed services shall be encouraged.(2) A client receiving services from a state agency may not be denied continued services due to any change in eligibility requirements b…
Fla. Stat. § 393.125 Hearing rights
3.6K chars
(1) REVIEW OF AGENCY DECISIONS.—(a) For Medicaid programs administered by the agency, any developmental services applicant or client, or his or her parent, guardian advocate, or authorized representative, may request a hearing in accordance with federal law and rules applicable t…
Fla. Stat. § 393.13 Treatment of persons with developmental disabilities
39.4K chars
(1) SHORT TITLE.—This section shall be known as “The Bill of Rights of Persons with Developmental Disabilities.”(2) LEGISLATIVE INTENT.—(a) The Legislature finds and declares that the system of care provided to individuals with developmental disabilities must be designed to meet …
Fla. Stat. § 393.135 Sexual misconduct prohibited; reporting required; penalties
8.6K chars
(1) As used in this section, the term:(a) “Covered person” includes any employee, paid staff member, volunteer, or intern of the agency; any person under contract with the agency; and any person providing care or support to a client on behalf of the agency or its providers.(b) “S…
Fla. Stat. § 393.15 Legislative intent; Community Resources Development Loan Program
8.6K chars
(1) The Legislature finds and declares that the development of community-based treatment facilities for persons with developmental disabilities is desirable and recommended and should be encouraged and fostered by the state. The Legislature further recognizes that the development…
Fla. Stat. § 393.17 Behavioral programs; certification of behavior analysts
2.6K chars
(1) The agency may establish a certification process for behavior analysts in order to ensure that only qualified employees and service providers provide behavioral analysis services to clients. The procedures must be established by rule and must include criteria for scope of pra…
Fla. Stat. § 393.23 Developmental disabilities centers; trust accounts
3.6K chars
All receipts from the operation of canteens, vending machines, hobby shops, sheltered workshops, activity centers, farming projects, and other like activities operated in a developmental disabilities center, and moneys donated to the center, must be deposited in a trust account i…
Fla. Stat. § 393.501 Rulemaking
0.8K chars
(1) The agency may adopt rules pursuant to ss. 120.536(1) and 120.54 to carry out its statutory duties.(2) Such rules must address the number of facilities on a single lot or on adjacent lots, except that there is no restriction on the number of facilities designated as community…
Fla. Stat. § 393.502 Family care councils
9.1K chars
(1) CREATION.—There shall be established and located within each service area of the agency a family care council.(2) MEMBERSHIP.—(a) Each local family care council shall consist of at least 10 and no more than 15 members recommended by a majority vote of the local family care co…
Fla. Stat. § 393.506 Administration of medication
11.1K chars
(1) An unlicensed direct service provider may supervise the self-administration of medication or may administer oral, transdermal, ophthalmic, otic, rectal, inhaled, enteral, or topical prescription medications to a client if the unlicensed direct service provider meets the requi…