Florida Statutes Title XXIX Chapter 393 - Developmental Disabilities

• 393.002 - Transfer Of Florida Developmental Disabilities Council As Formerly Created In This Chapter To Private Nonprofit Corporation.
  (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...
• 393.062 - Legislative Findings And Declaration Of Intent.
  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...
• 393.063 - Definitions.
  For the purposes of this chapter, the term:(1) “Agency” means the Agency for Persons with Disabilities.(2) “Adult day training” means training services which take place in a...
• 393.064 - Prevention.
  (1) The agency shall give priority to the development, planning, and implementation of programs which have the potential to prevent, correct, cure, or reduce the severity...
• 393.0641 - Program For The Prevention And Treatment Of Severe Self-injurious Behavior.
  (1) Contingent upon specific appropriations, there is created a diagnostic, treatment, training, and research program for clients exhibiting severe self-injurious behavior. As used in this section,...
• 393.065 - Application And Eligibility Determination.
  (1) Application for services shall be made in writing to the agency, in the service area in which the applicant resides. The agency shall review each...
• 393.0651 - Family Or Individual Support Plan.
  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...
• 393.0654 - Direct Service Providers; Private Sector Services.
  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...
• 393.0655 - Screening Of Direct Service Providers.
  (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...
• 393.0657 - Persons Not Required To Be Refingerprinted Or Rescreened.
  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...
• 393.066 - Community Services And Treatment.
  (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...
• 393.0661 - Home And Community-based Services Delivery System; Comprehensive Redesign.
  The Legislature finds that the home and community-based services delivery system for persons with developmental disabilities and the availability of appropriated funds are two of...
• 393.0662 - Individual Budgets For Delivery Of Home And Community-based Services; Ibudget System Established.
  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...
• 393.067 - Facility Licensure.
  (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,...
• 393.0673 - Denial, Suspension, Or Revocation Of License; Moratorium On Admissions; Administrative Fines; Procedures.
  (1) The agency may revoke or suspend a license or impose an administrative fine, not to exceed $1,000 per violation per day, if:(a) The licensee has:1. Falsely represented...
• 393.0674 - Penalties.
  (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,...
• 393.0675 - Injunctive Proceedings Authorized.
  (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...
• 393.0678 - Receivership Proceedings.
  (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...
• 393.068 - Family Care Program.
  (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...
• 393.0695 - Provision Of In-home Subsidies.
  (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...
• 393.071 - Client Fees.
  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...
• 393.075 - General Liability Coverage.
  (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...
• 393.11 - Involuntary Admission To Residential Services.
  (1) JURISDICTION.—If a person has an intellectual disability and requires involuntary admission to residential services provided by the agency, the circuit court of the county in...
• 393.115 - Discharge.
  (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...
• 393.12 - Capacity; Appointment Of Guardian Advocate.
  (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...
• 393.122 - Applications For Continued Residential Services.
  (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...
• 393.125 - Hearing Rights.
  (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...
• 393.13 - Treatment Of Persons With Developmental Disabilities.
  (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...
• 393.135 - Sexual Misconduct Prohibited; Reporting Required; Penalties.
  (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...
• 393.15 - Legislative Intent; Community Resources Development Loan Program.
  (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...
• 393.17 - Behavioral Programs; Certification Of Behavior Analysts.
  (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...
• 393.18 - Comprehensive Transitional Education Program.
  A comprehensive transitional education program is a group of jointly operating centers or units, the collective purpose of which is to provide a sequential series...
• 393.23 - Developmental Disabilities Centers; Trust Accounts.
  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...
• 393.501 - Rulemaking.
  (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...
• 393.502 - Family Care Councils.
  (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...
• 393.506 - Administration Of Medication.
  (1) A direct service provider who is not currently licensed to administer medication may supervise the self-administration of medication or may administer oral, transdermal, ophthalmic, otic,...

Last modified: September 23, 2016