Florida Statute 20.197 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 20
ORGANIZATIONAL STRUCTURE

View Entire Chapter

F.S. 20.197

20.197 Agency for Persons with Disabilities.—There is created the Agency for Persons with Disabilities, housed within the Department of Children and Families for administrative purposes only. The agency shall be a separate budget entity not subject to control, supervision, or direction by the Department of Children and Families in any manner, including, but not limited to, personnel, purchasing, transactions involving real or personal property, and budgetary matters.

(1) The director of the agency shall be the agency head for all purposes and shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. The director shall administer the affairs of the agency and may, within available resources, employ assistants, professional staff, and other employees as necessary to discharge the powers and duties of the agency.

(2) The agency shall include a Division of Budget and Planning and a Division of Operations. In addition, and in accordance with s. 20.04, the director of the agency may recommend establishing additional divisions, bureaus, sections, and subsections of the agency in order to promote efficient and effective operation of the agency.

(3) The agency is responsible for providing all services provided to persons with developmental disabilities under chapter 393, including the operation of all state institutional programs and the programmatic management of Medicaid waivers established to provide services to persons with developmental disabilities.

(4) The agency shall engage in such other administrative activities as are deemed necessary to effectively and efficiently address the needs of the agency’s clients.

(5) The agency shall enter into an interagency agreement that delineates the responsibilities of the Agency for Health Care Administration for the following:

(a) The terms and execution of contracts with Medicaid providers for the provision of services provided through Medicaid, including federally approved waiver programs.

(b) The billing, payment, and reconciliation of claims for Medicaid services reimbursed by the agency.

(c) The implementation of utilization management measures, including the prior authorization of services plans and the streamlining and consolidation of waiver services, to ensure the cost-effective provision of needed Medicaid services and to maximize the number of persons with access to such services.

(d) A system of approving each client’s plan of care to ensure that the services on the plan of care are those that without which the client would require the services of an intermediate care facility for the developmentally disabled.

History.—s. 70, ch. 2004-267; s. 1, ch. 2006-227; s. 6, ch. 2014-19.

F.S. 20.197 on Google Scholar

F.S. 20.197 on Casetext

Amendments to 20.197

Arrestable Offenses / Crimes under Fla. Stat. 20.197

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 20.197.

Annotations, Discussions, Cases:

Cases Citing Statute 20.197

Total Results: 7

CARLOS ALBERTO DUFFLAR v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-07-21

Snippet: 3D20-1843 Lower Tribunal No. 20-197-A-P ________________

ZION WILLIAMSON v. PRIME SPORTS MARKETING, LLC

Court: District Court of Appeal of Florida | Date Filed: 2020-12-02

Snippet: Third District Court of Appeal State of Florida Opinion filed December 2, 2020. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D20-0197 Lower Tribunal No. 19-18705 ________________ Zion Williamson,

Agency for Persons With Disabilities v. Dallas

Court: District Court of Appeal of Florida | Date Filed: 2010-06-21

Citation: 38 So. 3d 831, 2010 Fla. App. LEXIS 8917, 2010 WL 2472272

Snippet: children with developmental disabilities. See § 20.197, Fla. Stat. A developmental disability is "a disorder

Fg v. Agency for Persons With Disabil.

Court: Supreme Court of Florida | Date Filed: 2006-09-28

Citation: 940 So. 2d 1095, 31 Fla. L. Weekly Supp. 610, 2006 Fla. LEXIS 2257, 2006 WL 2771533

Snippet: created APD as an entity separate from DCF. See § 20.197, Fla. Stat. (2004). APD is now responsible for

JM v. Florida Agency for Persons With Disabilities

Court: District Court of Appeal of Florida | Date Filed: 2006-08-08

Citation: 938 So. 2d 535, 2006 Fla. App. LEXIS 13199, 2006 WL 2251885

Snippet: set forth in chapter 393, Florida Statutes. See 20.197(2), Fla. Stat. (2005) ("The agency shall be responsible

Russell v. Agency for Persons With Disabilities

Court: District Court of Appeal of Florida | Date Filed: 2006-05-08

Citation: 929 So. 2d 601, 2006 Fla. App. LEXIS 6903, 2006 WL 1210200

Snippet: "should be available" from DCF. Analysis Section 20.197(2), Florida Statutes (2005), provides: The agency

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-11-23

Snippet: disabilities pursuant to Ch. 393, Fla. Stat. See s. 20.197, Fla. Stat. 2 Article X, s. 24(c), Fla. Const.