393.115 – Discharge.
393.115 Discharge.— (1) DISCHARGE AT THE AGE OF MAJORITY.— (a) When any residential client reaches his or her 18th birthday, the agency shall give the resident or legal guardian the option to continue residential services or to be discharged from residential services. (b) If the resident appears to meet the criteria for involuntary admission to residential services pursuant to […]
393.12 – Capacity; Appointment of Guardian Advocate.
393.12 Capacity; appointment of guardian advocate.— (1) CAPACITY.— (a) A person with a developmental disability may not be presumed incapacitated solely by reason of his or her acceptance in nonresidential services or admission to residential care and may not be denied the full exercise of all legal rights guaranteed to citizens of this state and of the United […]
393.122 – Applications for Continued Residential Services.
393.122 Applications for continued residential services.— (1) If a client is discharged from residential services under the provisions of s. 393.115, application for needed services shall be encouraged. (2) A client receiving services from a state agency may not be denied continued services due to any change in eligibility requirements by chapter 77-335, Laws of Florida. History.—s. 5, […]
393.125 – Hearing Rights.
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 […]
393.13 – Treatment of Persons With Developmental Disabilities.
393.13 Treatment of persons with developmental disabilities.— (1) SHORT TITLE.—This section shall be known as “The Bill of Rights of Persons with Developmental Disabilities.” (2) LEGISLATIVE INTENT.— (a) The Legislature finds and declares that the system of care provided to individuals with developmental disabilities must be designed to meet the needs of the clients as well as protect the […]
393.135 – Sexual Misconduct Prohibited; Reporting Required; Penalties.
393.135 Sexual misconduct prohibited; reporting required; penalties.— (1) As used in this section, the term: (a) “Covered person” includes any employee, paid staff member, volunteer, or intern of the agency; any person under contract with the agency; and any person providing care or support to a client on behalf of the agency or its providers. (b) “Sexual activity” means: […]
393.0673 – Denial, Suspension, or Revocation of License; Moratorium on Admissions; Administrative Fines; Procedures.
393.0673 Denial, suspension, or revocation of license; moratorium on admissions; administrative fines; procedures.— (1) The agency may revoke or suspend a license or impose an administrative fine, not to exceed $1,000 per violation per day, if: (a) The licensee has: 1. Falsely represented or omitted a material fact in its license application submitted under s. 393.067; 2. Had prior action […]
393.0674 – Penalties.
393.0674 Penalties.— (1) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to: (a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment a material fact used in making a determination as […]
393.0675 – Injunctive Proceedings Authorized.
393.0675 Injunctive proceedings authorized.— (1) The agency may institute injunctive proceedings in a court of competent jurisdiction to: (a) Enforce the provisions of this chapter or any minimum standard, rule, regulation, or order issued or entered pursuant thereto; or (b) Terminate the operation of facilities licensed pursuant to this chapter when any of the following conditions exist: 1. Failure by […]
393.002 – Transfer of Florida Developmental Disabilities Council as Formerly Created in This Chapter to Private Nonprofit Corporation.
393.002 Transfer of Florida Developmental Disabilities Council as formerly created in this chapter to private nonprofit corporation.— (1) The Governor, by executive order, shall designate a nonprofit corporation as the agency to receive federal funds to implement, on behalf of the State of Florida, Part B of the Developmental Disabilities Assistance and Bill of Rights Act under […]