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The Florida Senate

2004 Florida Statutes

Community services and treatment for persons who are developmentally disabled.
Section 393.066, Florida Statutes 2004

393.066  Community services and treatment for persons who are developmentally disabled.--

(1)  The agency shall plan, develop, organize, and implement its programs of services and treatment for persons who are developmentally disabled 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. In addition, all purchased services shall be approved by the agency.

(2)  All services needed shall be purchased instead of provided directly by the agency, when such arrangement is more cost-efficient than having those services provided directly.

(3)  Community-based services that are medically necessary to prevent institutionalization shall, to the extent of available resources, include:

(a)  Day habilitation services, including developmental training services.

(b)  Family care services.

(c)  Guardian advocate referral 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)  Recreation.

(g)  Residential services.

(h)  Respite services.

(i)  Social services.

(j)  Specialized therapies.

(k)  Supported employment, including enclave, job coach, mobile work crew, and follow-along services.

(l)  Supported living.

(m)  Training, including behavioral programming.

(n)  Transportation.

(o)  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 institution. 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 to ensure compliance with federal laws or regulations that apply to 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.