Florida Statute 393.125 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 393
DEVELOPMENTAL DISABILITIES

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F.S. 393.125

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 representative, may request a hearing in accordance with federal law and rules applicable to Medicaid cases and has the right to request an administrative hearing pursuant to ss. 120.569 and 120.57. These hearings shall be provided by the Department of Children and Families pursuant to s. 409.285 and shall follow procedures consistent with federal law and rules applicable to Medicaid cases.

(b) Any other developmental services applicant or client, or his or her parent, guardian, guardian advocate, or authorized representative, who has any substantial interest determined by the agency, has the right to request an administrative hearing pursuant to ss. 120.569 and 120.57, which shall be conducted pursuant to s. 120.57(1), (2), or (3).

(c) Notice of the right to an administrative hearing shall be given, both verbally and in writing, to the applicant or client, and his or her parent, guardian, guardian advocate, or authorized representative, at the same time that the agency gives the applicant or client notice of the agency’s action. The notice shall be given, both verbally and in writing, in the language of the client or applicant and in English.

(d) A request for a hearing under this section shall be made to the agency, in writing, within 30 days after the applicant’s or client’s receipt of the notice.

(2) REVIEW OF PROVIDER DECISIONS.—The agency shall adopt rules to establish uniform guidelines for the agency and service providers relevant to termination, suspension, or reduction of client services by the service provider. The rules shall ensure the due process rights of service providers and clients.

History.—s. 17, ch. 89-308; s. 703, ch. 95-148; s. 122, ch. 96-410; s. 109, ch. 2004-267; s. 3, ch. 2010-157; s. 74, ch. 2014-19.

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Amendments to 393.125

Arrestable Offenses / Crimes under Fla. Stat. 393.125

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 393.125.

Annotations, Discussions, Cases:

Cases Citing Statute 393.125

Total Results: 7

Spencer v. Agency for Persons with Disabilities

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-04T00:00:00-07:00

Citation: 86 So. 3d 1250

Snippet: Department of Children and Families (DCF) after section 393.125(1), Florida Statutes, was amended to require hearings

Douglas v. State

Court: Fla. | Date Filed: 2012-01-05T00:00:00-08:00

Citation: 141 So. 3d 107, 2012 WL 16745

Snippet: for mercy actually put before the jury,” id. at 393, 125 S.Ct. 2456. This case also does not compare to

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

Snippet: Children and Family Services (DCF) after section 393.125(l)(a), Florida Statutes, was amended to require

Coleman v. State

Court: Fla. | Date Filed: 2011-06-02T00:00:00-07:00

Citation: 64 So. 3d 1210

Snippet: .S. 510, 123 S.Ct. 2527; Rompilla, 545 U.S. at 393, 125 S.Ct. 2456. The Eleventh Circuit has also made

Kilgore v. State

Court: Fla. | Date Filed: 2010-11-18T00:00:00-08:00

Citation: 55 So. 3d 487

Snippet: obtained, cf. Rompilla v. Beard, 545 U.S. 374, 389-393, 125 S.Ct. 2456, 162 L.Ed.2d 360 (2005). It is instead

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

Snippet: the Agency's decision. See §§ 393.065(3), 393.125(1), Fla. Stat. In addition to providing community-based

JM v. Florida Agency for Persons With Disabilities

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

Citation: 938 So. 2d 535

Snippet: specific provisions of sections 393.065(3) and 393.125, authorizing resort to section 120.57. Having said…120.57 proceeding, accorded by sections 393.065 and 393.125, or a fair hearing as authorized by section 409.285…120.80, Florida Statutes (1996)). [7] Section 393.125, Florida Statutes (2005), adopted in 1989, similarly