Florida Statute 393.066 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 393
DEVELOPMENTAL DISABILITIES

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F.S. 393.066

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.

(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.

(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.

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.

F.S. 393.066 on Google Scholar

F.S. 393.066 on Casetext

Amendments to 393.066

Arrestable Offenses / Crimes under Fla. Stat. 393.066

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 393.066.

Annotations, Discussions, Cases:

Cases Citing Statute 393.066

Total Results: 8

Agency for Persons With Disabilities v. C.B.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-17T00:00:00-08:00

Citation: 130 So. 3d 713, 2013 WL 6635803, 2013 Fla. App. LEXIS 19914

Snippet: issue in this appeal. . Handbook at 1-1; see §§ 393.066, 393.0661, 408.302(1), Fla. Stat. . Id. at 2-

Newsome v. Agency for Persons with Disabilities

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-22T00:00:00-08:00

Citation: 76 So. 3d 972, 2011 Fla. App. LEXIS 18596, 2011 WL 5842798

Snippet: productive lives as close to normal as possible.” § 393.066, Fla. Stat. One of the programs implemented by

Agency for Persons With Disabilities v. Dallas

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-21T00:00:00-07:00

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

Snippet: services the Agency may provide. See §§ 393.062, 393.066, Fla. Stat. To receive such services, an individual

Lassor v. Agency for Persons with Disabilities

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-04T00:00:00-07:00

Citation: 958 So. 2d 453, 2007 Fla. App. LEXIS 6786, 2007 WL 1296350

Snippet: businesses that actually provide the needed services. § 393.066. Ms. Lassor has been receiving services through

Russell v. Agency for Persons With Disabilities

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-08T00:53:00-07:00

Citation: 929 So. 2d 601

Snippet: individuals are available under chapter 393, section 393.066(3)(m), Florida Statutes (2005), subject to the

Hinckley v. Palm Beach County Board of County Commissioners

Court: Fla. Dist. Ct. App. | Date Filed: 2001-12-04T23:53:00-08:00

Citation: 801 So. 2d 193

Snippet: See § 393.066(1)-(2), Fla. Stat. (Supp.1998). Those services include transportation. See § 393.066(4)(n…more cost-efficient. See § 393.066(3), Fla. Stat. (Supp.1998). Section 393.066(6) specifically requires

Rini v. State, Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1986-10-02T00:00:00-07:00

Citation: 496 So. 2d 178, 11 Fla. L. Weekly 2094, 1986 Fla. App. LEXIS 9978

Snippet: clients’ potential for independent living. Section 393.066(2) prohibits HRS, in providing services, from discriminating…facility is contrary to the mandate of section 393.-066(2), Florida Statutes. The separate allocation …any circumstances. The clear intent of section 393.-066(2), supra, is that such rights as are accorded

Hyde v. Melson

Court: Fla. | Date Filed: 1911-01-15T00:00:00-08:00

Citation: 61 Fla. 643

Snippet: five mill tax will yield................... 101,393.66 The estimated revenue from licenses.......... 85,000.00