Florida Statutes

Fla. Stat. § 393.066 (2025)

Community services and treatment.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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 independently as possible in their own homes or communities and to achieve productive lives as close to normal as possible. All elements of community-based services shall be made available, and eligibility for these services shall be consistent across the state.

¹(2) Necessary services shall be purchased, rather than provided directly by the agency, when the purchase of services is more cost-efficient than providing them directly. All purchased services must be approved by the agency. As a condition of payment and before billing, persons or entities under contract with the agency to provide services shall use agency data management systems to document service provision to clients or shall maintain such information in its own data management system and electronically transmit it to the agency data management system in an industry standard electronic format designated by the agency. The agency may not require training on the use of agency data management systems by persons or entities that choose to maintain data in their own data management system, provided that they electronically transmit required information in a format and frequency designated by the agency. Contracted persons and entities shall meet the minimum hardware and software technical requirements established by the agency for the use of such systems. Such persons or entities shall also meet any requirements established by the agency for training and professional development of staff providing direct services to clients.

(3) Community-based services that are medically necessary to prevent institutionalization shall, to the extent of available resources, include:

(a) Adult day training services.

(b) Family care services.

(d) Medical/dental services, except that medical services shall not be provided to clients with spina bifida except as specifically appropriated by the Legislature.

(e) Parent training.

(f) Personal care services.

(g) Recreation.

(h) Residential facility services.

(i) Respite services.

(j) Social services.

(k) Specialized therapies.

(l) Supported employment.

(m) Supported living.

(n) Training, including behavioral analysis services.

(o) Transportation.

(p) Other habilitative and rehabilitative services as needed.

(4) The agency shall utilize the services of private businesses, not-for-profit organizations, and units of local government whenever such services are more cost-efficient than such services provided directly by the department, including arrangements for provision of residential facilities.

(5) In order to improve the potential for utilization of more cost-effective, community-based residential facilities, the agency shall promote the statewide development of day habilitation services for clients who live with a direct service provider in a community-based residential facility and who do not require 24-hour-a-day care in a hospital or other health care institution, but who may, in the absence of day habilitation services, require admission to a developmental disabilities center. Each day service facility shall provide a protective physical environment for clients, ensure that direct service providers meet minimum screening standards as required in s. 393.0655, make available to all day habilitation service participants at least one meal on each day of operation, provide facilities to enable participants to obtain needed rest while attending the program, as appropriate, and provide social and educational activities designed to stimulate interest and provide socialization skills.

(6) To promote independence and productivity, the agency shall provide supports and services, within available resources, to assist clients enrolled in Medicaid waivers who choose to pursue gainful employment.

(7) For the purpose of making needed community-based residential facilities available at the least possible cost to the state, the agency is authorized to lease privately owned residential facilities under long-term rental agreements, if such rental agreements are projected to be less costly to the state over the useful life of the facility than state purchase or state construction of such a facility.

(8) The agency may adopt rules providing definitions, eligibility criteria, and procedures for the purchase of services provided pursuant to this section.

¹(9) The Agency for Health Care Administration shall amend the Florida Medicaid Developmental Disabilities Individual Budgeting Waiver Services Provider Rate Table to establish a monthly reimbursement rate, effective October 1, 2025, for Life Skills Development Levels 3 and 4 services provided to recipients who attend such services for at least 16 days during a calendar month. Providers shall continue to be reimbursed at the existing hourly rate for recipients who attend fewer than 16 days during the calendar month. The agency shall develop a methodology to monitor and evaluate the fiscal impact of the revised reimbursement methodology and shall submit quarterly reports to the chair of the Senate Committee on Appropriations, the chair of the House of Representatives Budget Committee, and the Executive Office of the Governor’s Office of Policy and Budget detailing the fiscal impacts realized.

History.—s. 1, ch. 77-335; s. 2, ch. 80-174; s. 43, ch. 83-218; s. 15, ch. 84-226; s. 6, ch. 85-54; s. 2, ch. 85-147; s. 10, ch. 86-220; s. 7, ch. 87-238; s. 11, ch. 89-308; s. 18, ch. 91-158; s. 4, ch. 92-174; ss. 2, 3, ch. 93-143; s. 9, ch. 93-200; s. 5, ch. 93-267; s. 9, ch. 94-154; s. 1, ch. 98-152; s. 83, ch. 99-8; s. 3, ch. 99-144; s. 74, ch. 2004-267; s. 18, ch. 2006-227; s. 6, ch. 2008-244; s. 4, ch. 2016-140; s. 2, ch. 2020-71; s. 24, ch. 2021-51; ss. 31, 32, ch. 2025-199.

¹Note.—

A. Section 31, ch. 2025-199, amended subsection (2) and added subsection (9) “[i]n order to implement Specific Appropriations 238, 242, and 250 of the 2025-2026 General Appropriations Act.”

B. Section 32, ch. 2025-199, provides that “[t]he amendments to s. 393.066(2) and (9), Florida Statutes, made by this act expire July 1, 2026, and the text of those subsections shall revert to that in existence on June 30, 2025, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section.” Effective July 1, 2026, subsection (9) expires, and subsection (2), as amended by s. 32, ch. 2025-199, will read:

(2) Necessary services shall be purchased, rather than provided directly by the agency, when the purchase of services is more cost-efficient than providing them directly. All purchased services must be approved by the agency. As a condition of payment and before billing, persons or entities under contract with the agency to provide services shall use agency data management systems to document service provision to clients and shall use such systems to bill for services. Contracted persons and entities shall meet the minimum hardware and software technical requirements established by the agency for the use of such systems. Such persons or entities shall also meet any requirements established by the agency for training and professional development of staff providing direct services to clients.

Notes of Decisions

Cited in 6 cases, 1986–2013 · leading case: Hinckley v. Palm Beach Cnty. Bd. of Cnty. Commissioners, 801 So. 2d 193 (Fla. 4th DCA 2001).

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Hinckley v. Palm Beach Cnty. Bd. of Cnty. Commissioners, 801 So. 2d 193 (Fla. 4th DCA 2001). · cites it 6× “See § 393.066(1)-(2), Fla. Stat. (Supp.1998).”

Russell v. Agency for Persons With Disabilities, 929 So. 2d 601 (Fla. 1st DCA 2006). · cites it 2× “She is seeking behavioral services, and behavioral services for developmentally disabled individuals are available under chapter 393, section 393.066(3)(m), Florida Statutes (2005), subject to the limitation that the Agency is required to provide services only "within available…”

Newsome v. Agency for Persons with Disabilities, 76 So. 3d 972 (Fla. 1st DCA 2011). · cites it 2× “” § 393.066, Fla. Stat. One of the programs implemented by the Agency is the waiver program established by section 393.”

Agency for Persons With Disabilities v. C.B., 130 So. 3d 713 (Fla. 1st DCA 2013). “Handbook at 1-1; see §§ 393.066, 393.0661, 408.302(1), Fla. Stat.”

Lassor v. Agency for Persons with Disabilities, 958 So. 2d 453 (Fla. 2d DCA 2007). “§ 393.066. Ms. Lassor has been receiving services through a support coordinator, § 393.”

Rini v. State, Dep't of Health & Rehabilitative Servs., 496 So. 2d 178 (Fla. 1st DCA 1986). “Section 393.066(2) prohibits HRS, in providing services, from discriminating among clients based upon where they live.”

— 393.066(1) — 1 case

Hinckley v. Palm Beach Cnty. Bd. of Cnty. Commissioners, 801 So. 2d 193 (Fla. 4th DCA 2001). “See § 393.066(1)-(2), Fla. Stat. (Supp.1998).”

— 393.066(2) — 1 case

— 393.066(3) — 1 case

Hinckley v. Palm Beach Cnty. Bd. of Cnty. Commissioners, 801 So. 2d 193 (Fla. 4th DCA 2001). “See § 393.066(1)-(2), Fla. Stat. (Supp.1998).”

— 393.066(3)(m) — 1 case

Russell v. Agency for Persons With Disabilities, 929 So. 2d 601 (Fla. 1st DCA 2006). “She is seeking behavioral services, and behavioral services for developmentally disabled individuals are available under chapter 393, section 393.066(3)(m), Florida Statutes (2005), subject to the limitation that the Agency is required to provide services only "within available…”

— 393.066(4)(n) — 1 case

Hinckley v. Palm Beach Cnty. Bd. of Cnty. Commissioners, 801 So. 2d 193 (Fla. 4th DCA 2001). “See § 393.066(1)-(2), Fla. Stat. (Supp.1998).”

— 393.066(6) — 1 case

Hinckley v. Palm Beach Cnty. Bd. of Cnty. Commissioners, 801 So. 2d 193 (Fla. 4th DCA 2001). “See § 393.066(1)-(2), Fla. Stat. (Supp.1998).”

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