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Florida Statute 394.78 - Full Text and Legal Analysis Florida Statute 394.78 | Lawyer Caselaw & Research
Fla. Stat. § 394.78 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 394.78

Fla. Stat. § 394.78 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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Mental H. Dist. Bd. v. Fla. Dept. of H. & R. Ser., 425 So. 2d 160 (Fla. 1st DCA 1983).

Cited 5 times | Published | Florida 1st District Court of Appeal

...ns. However, the statement is consistent with agency policy of promoting continuity of services, see Rule 10E-4.09(2)(b), Fla. Admin. Code, and there is no doubt that HRS is responsible for the administration of Section 394.81, Florida Statutes, see Section 394.78(1), Florida Statutes....
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·Mental Health Dist. Bd., II-B v. Florida Dep't of Health & Rehabilitative Servs., 425 So. 2d 160 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18414

...ons. However, the statement is consistent with agency policy of promoting continuity of services, see Rule 10E-4.09(2)(b), Fla.Admin. Code, and there is no doubt that HRS is responsible for the administration of Section 394.81, Florida Statutes, see Section 394.78(1), Florida Statutes....
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Affirmed(citing case) (1994)
phrase: "affirmed in"
Cited as authority(citing case) (1990)
phrase: "rule_authority"
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Ago (Fla. Att'y Gen. 2011).

Published | Florida Attorney General Reports

...ality for their examination. I have not found, nor been referred to, any other provision in the act which expresses any further authority of local governing bodies in regard to audits of the operations of substance abuse and mental health providers. Section 394.78 , Florida Statutes, places administration of the act under DCF....

This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.