Florida Statutes

Fla. Stat. § 394.78 (2025)

Operation and administration; personnel standards; procedures for audit and monitoring of service providers; resolution of disputes.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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394.78 Operation and administration; personnel standards; procedures for audit and monitoring of service providers; resolution of disputes.—

(1)(a) The Department of Children and Families shall administer this part and shall adopt rules necessary for its administration. In addition to other rulemaking authority, the department may adopt financial rules relating to conflicts of interest; related party transactions; full disclosure of revenue funds and expenses; charts of accounts for state reporting; auditing; penalties for nonperformance; benefit packages; performance outcomes, including client satisfaction and functional assessments; nonpayment and suspended payments for failure to timely submit required client service reports; and client financial eligibility requirements.

(b) Rules of the department shall be adopted in accordance with the Administrative Procedure Act under chapter 120.

(2) The department shall, by rule, establish standards of education and experience for professional and technical personnel employed in substance abuse and mental health programs.

(3) The department shall establish, to the extent possible, a standardized auditing procedure for substance abuse and mental health service providers; and audits of service providers shall be conducted pursuant to such procedure and the applicable department rules. Such procedure shall be supplied to all current and prospective contractors and subcontractors prior to the signing of any contracts.

(4) The department shall monitor service providers for compliance with contracts and applicable state and federal regulations.

(5) The department shall, by rule, establish standards for contracting budgeting, methods of payment, and the accounting of patient fees that are earned on behalf of a specific client.

History.—s. 14, ch. 70-109; s. 1, ch. 70-439; s. 13, ch. 76-221; s. 4, ch. 77-372; s. 20, ch. 84-285; s. 4, ch. 98-152; s. 3, ch. 99-396; s. 15, ch. 2000-349; s. 5, ch. 2012-84; s. 99, ch. 2014-19.

Notes of Decisions

Cited in 2 cases, 1983–1983 · leading case: Mental Health Dist. Bd., II-B v. Florida Dep't of Health & Rehabilitative Servs., 425 So. 2d 160 (Fla. 1st DCA 1983).

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Mental Health Dist. Bd., II-B v. Florida Dep't of Health & Rehabilitative Servs., 425 So. 2d 160 (Fla. 1st DCA 1983). · cites it 2× “81, Florida Statutes, see Section 394.78(1), Florida Statutes. Regarding the question of direct contracting between counties and mental health services providers, however, it appears HRS’s initial impression was correct, that resolution of the question requires a statement of…”

Mental H. Dist. Bd. v. Fla. Dept. of H. & R. Ser., 425 So. 2d 160 (Fla. 1st DCA 1983). · cites it 2× “81, Florida Statutes, see Section 394.78(1), Florida Statutes. Regarding the question of direct contracting between counties and mental health services providers, however, it appears HRS's initial impression was correct, that resolution of the question requires a statement of…”

— 394.78(1) — 2 cases

Mental Health Dist. Bd., II-B v. Florida Dep't of Health & Rehabilitative Servs., 425 So. 2d 160 (Fla. 1st DCA 1983). “81, Florida Statutes, see Section 394.78(1), Florida Statutes. Regarding the question of direct contracting between counties and mental health services providers, however, it appears HRS’s initial impression was correct, that resolution of the question requires a statement of…”

Mental H. Dist. Bd. v. Fla. Dept. of H. & R. Ser., 425 So. 2d 160 (Fla. 1st DCA 1983). “81, Florida Statutes, see Section 394.78(1), Florida Statutes. Regarding the question of direct contracting between counties and mental health services providers, however, it appears HRS's initial impression was correct, that resolution of the question requires a statement of…”

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