Florida Statute 409.212 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE

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409.212 Optional supplementation.—

(1) There may be monthly optional supplementation payments, made in such amount as determined by the department, to any person who:

(a) Meets all the program eligibility criteria for an assisted living facility or for adult foster care, family placement, or other specialized living arrangement; and

(b) Is receiving a Supplemental Security Income check or is determined to be eligible for optional supplementation by the department.

(2) The base rate of payment for optional state supplementation shall be established by the department within funds appropriated. Additional amounts may be provided for mental health residents in facilities designed to provide limited mental health services as provided for in s. 429.075. The base rate of payment does not include the personal needs allowance.

(3) Assisted living facilities, adult family-care homes, family placement, or any other specialized living arrangement accepting residents who receive optional supplementation payments must comply with the requirements of 42 U.S.C. s. 1382e(e).

(4) In addition to the amount of optional supplementation provided by the state, a person may receive additional supplementation from third parties to contribute to his or her cost of care. Additional supplementation may be provided under the following conditions:

(a) Payments shall be made to the assisted living facility, or to the operator of an adult family-care home, family placement, or other special living arrangement, on behalf of the person and not directly to the optional state supplementation recipient.

(b) Contributions made by third parties shall be entirely voluntary and shall not be a condition of providing proper care to the client.

(c) The additional supplementation shall not exceed four times the provider rate recognized under the optional state supplementation program.

(d) Rent vouchers issued pursuant to a federal, state, or local housing program may be issued directly to a recipient of optional state supplementation.

(5) When contributions are made in accordance with the provisions of subsection (4), the department shall not count such supplements as income to the client for purposes of determining eligibility for, or computing the amount of, optional state supplementation benefits, nor shall the department increase an optional state supplementation payment to offset the reduction in Supplemental Security Income benefits that will occur because of the third-party contribution.

(6) The optional state supplementation rate shall be increased by the cost-of-living adjustment to the federal benefits rate provided the average state optional supplementation contribution does not increase as a result.

(7) The department may adopt rules to administer this section relating to eligibility requirements for optional state supplementation.

History.—s. 10, ch. 78-433; s. 9, ch. 89-294; s. 16, ch. 90-295; s. 32, ch. 91-263; s. 31, ch. 95-210; s. 16, ch. 95-418; s. 10, ch. 97-82; s. 5, ch. 97-98; s. 44, ch. 97-103; s. 12, ch. 98-148; s. 8, ch. 98-152; s. 10, ch. 2000-163; s. 47, ch. 2000-256; s. 79, ch. 2006-197; s. 4, ch. 2015-126.

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Cases Citing Statute 409.212

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Williamson v. Dep't of Health & Rehabilitative Servs., 435 So. 2d 310 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19823

...Each works in a “sheltered workshop,” 2 receiving a percentage of minimum wage. In January, 1982, HRS advised appellants that money earned in the workshops would be considered to reduce the amount of OSS benefits paid by the State. Although the legal authority of Section 409.212, Florida Statutes (1981), 3 allows the deduction, HRS previously had not considered workshop wages in determining OSS benefits. Appellants argue three points: I. Section 409.212, Florida Statutes (1981) is an invalid delegation of legislative authority allowing HRS to determine amounts of benefits without formulas or guidelines....

...Florida Administrative Code Rules IOC-2.35 and 2.36 are invalid exercises of delegated legislative authority. III. HRS has violated equal protection guarantees by treating similarly situated sub-groups of developmentally disabled persons differently. HRS has presented no argument in response. While Section 409.212, Florida Statutes (1981) provides no specific guidelines for HRS to determine the amount of OSS benefits paid to recipients, Section 409.-185(3), Florida Statutes (1981), specifies that the amount of financial assistance shall be dete...

...is required to charge clients for services, with the fee charged reasonably related to the cost of providing the service and the client’s ability to pay. Sections 393.071 and 402.33, Florida Statutes (1981). These are sufficient guidelines to make Section 409.212, Florida Statutes, constitutionally sound. Florida Administrative Code Rules IOC-2.35 and 2.36 do not amount to invalid exercises of delegated authority as they go no further than properly implementing Sections 409.185 and 409.212, Florida Statutes (1981)....

...engaged in the manufacture or production of products which provides gainful rehabilitation to severely handicapped persons until such persons can become employed and provides gainful work to developmentally disabled persons unable to be employed. . Section 409.212 provides that “[t]here may be monthly optional supplementation payments, made in such amount as determined by the department, to any person who: (1) Meets all program eligibility criteria for an adult congregate living facility or f...