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The Florida Senate

2025 Florida Statutes

Title XXIX PUBLIC HEALTH
Chapter 393 DEVELOPMENTAL DISABILITIES Entire Chapter
SECTION 502
Family care councils.
F.S. 393.502
393.502 Family care councils.—
(1) CREATION AND PURPOSE OF STATEWIDE FAMILY CARE COUNCIL.—
(a) The Statewide Family Care Council is established to connect local family care councils and facilitate direct communication between local councils and the agency, with the goal of enhancing the quality of and access to resources and supports for individuals with developmental disabilities and their families.
(b) The statewide council shall:
1. Review annual reports, policy proposals, and program recommendations submitted by the local family care councils.
2. Advise the agency on statewide policies, programs, and service delivery improvements based on the collective recommendations of the local councils.
3. Identify systemic barriers to the effective delivery of services and recommend solutions to address such barriers.
4. Foster collaboration and the sharing of best practices and available resources among local family care councils to improve service delivery across regions.
5. Submit an annual report no later than December 1 of each year to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the agency. The report shall include a summary of local council findings, policy recommendations, and an assessment of the agency’s actions in response to previous recommendations of the local councils.
(c) The agency shall provide a written response within 60 days after receipt, including a detailed action plan outlining steps taken or planned to address recommendations. The response must specify whether recommendations will be implemented and provide a timeline for implementation or include justification if recommendations are not adopted.
(2) STATEWIDE FAMILY CARE COUNCIL MEMBERSHIP.—
(a) The statewide council shall consist of the following members appointed by the Governor:
1. One representative from each of the local family care councils, who must be a resident of the area served by that local council. Among these representatives must be at least one individual who is receiving waiver services from the agency under s. 393.065 and at least one individual who is assigned to a preenrollment category for waiver services under s. 393.065.
2. One individual representing an advocacy organization representing individuals with disabilities.
3. One representative of a public or private entity that provides services to individuals with developmental disabilities that does not have a Medicaid waiver service contract with the agency.
(b) Employees of the agency or the Agency for Health Care Administration are not eligible to serve on the statewide council.
(3) STATEWIDE FAMILY CARE COUNCIL TERMS; VACANCIES.—
(a) Statewide council members shall be initially appointed to staggered 2 and 4 year terms, with subsequent terms of 4 years. Members may be reappointed to one additional consecutive term.
(b) A member who has served two consecutive terms shall not be eligible to serve again until 12 months have elapsed since ending service on the statewide council.
(c) Upon expiration of a term or in the case of any other vacancy, the statewide council shall, by majority vote, recommend to the Governor for appointment at least one person for each vacancy.
1. The Governor shall make an appointment within 45 days after receiving a recommendation from the statewide council. If the Governor fails to make an appointment for a member under subsection (2), the chair of the local council may appoint a member meeting the requirements of subsection (2) to act as the statewide council representative for that local council until the Governor makes an appointment.
2. If no member of a local council is willing and able to serve on the statewide council, the Governor shall appoint an individual from another local council to serve on the statewide council.
(4) STATEWIDE FAMILY CARE COUNCIL MEETINGS; ORGANIZATION.—The statewide council shall meet at least quarterly. The council meetings may be held in person or via teleconference or other electronic means.
(a) The Governor shall appoint the initial chair from among the members of the statewide council. Subsequent chairs shall be elected annually by a majority vote of the council.
(b) Members of the statewide council shall serve without compensation but may be reimbursed for per diem and travel expenses pursuant to s. 112.061.
(c) A majority of the members of the statewide council shall constitute a quorum.
(5) LOCAL FAMILY CARE COUNCILS.—There is established and located within each service area of the agency a local family care council to work constructively with the agency, advise the agency on local needs, identify gaps in services, and advocate for individuals with developmental disabilities and their families.
(6) LOCAL FAMILY CARE COUNCIL DUTIES.—The local family care councils shall:
(a) Assist in providing information and conducting outreach to individuals with developmental disabilities and their families.
(b) Convene family listening sessions at least twice a year to gather input on local service delivery challenges.
(c) Hold a public forum every 6 months to solicit public feedback concerning actions taken by the local family councils.
(d) Share information with other local family care councils.
(e) Identify policy issues relevant to the community and family support system in the region.
(f) Submit to the Statewide Family Care Council, no later than September 1 of each year, an annual report detailing proposed policy changes, program recommendations, and identified service delivery challenges within its region.
(7) LOCAL FAMILY CARE COUNCIL MEMBERSHIP.—
(a) Each local family care council shall consist of at least 10 and no more than 15 members recommended by a majority vote of the local family care council and appointed by the Governor.
(b) At least three of the members of the council shall be individuals receiving or waiting to receive services from the agency. One such member shall be an individual who has been receiving services within the 4 years before the date of recommendation. The remainder of the council members shall be parents, grandparents, guardians, or siblings of individuals who have developmental disabilities and qualify for services pursuant to this chapter. For a grandparent to be a council member, the grandchild’s parent or legal guardian must consent to the appointment and report the consent to the agency.
(c) A person who is currently serving on another board or council of the agency may not be appointed to a local family care council.
(d) Employees of the agency or the Agency for Health Care Administration are not eligible to serve on a local family care council.
(e) Persons related by consanguinity or affinity within the third degree shall not serve on the same local family care council at the same time.
(f) A chair for the council shall be chosen by the council members to serve for 1 year. A person may not serve more than four 1-year terms as chair.
(8) LOCAL FAMILY CARE COUNCIL TERMS; VACANCIES.—
(a) Local family council members shall be appointed for 3-year terms, except as provided in subsection (11), and may be reappointed to one additional term.
(b) A member who has served two consecutive terms shall not be eligible to serve again until 12 months have elapsed since ending his or her service on the local council.
(c)1. Upon expiration of a term or in the case of any other vacancy, the local council shall, by majority vote, recommend to the Governor for appointment a person for each vacancy based on recommendations received from the family-led nominating committee described in paragraph (9)(a).
2. The Governor shall make an appointment within 45 days after receiving a recommendation. If the Governor fails to make an appointment within 45 days, the local council shall, by majority vote, select an interim appointment for each vacancy from the panel of candidates recommended by the family-led nomination committee.
(9) LOCAL FAMILY CARE COUNCIL COMMITTEE APPOINTMENTS.—
(a) The chair of each local family care council shall create, and appoint individuals receiving or waiting to receive services from the agency and their relatives, to serve on a family-led nominating committee. Members of the family-led nominating council need not be members of the local council. The family-led nominating committee shall nominate candidates for vacant positions on the local family council.
(b) The chair of the local family care council may appoint persons to serve on additional council committees. Such persons may include current members of the council and former members of the council and persons not eligible to serve on the council.
(10) LOCAL FAMILY CARE COUNCIL MEETINGS.—Local council members shall serve on a voluntary basis without payment for their services but shall be reimbursed for per diem and travel expenses as provided for in s. 112.061. Local councils shall meet at least six times per year. Meetings may be held in person or by teleconference or other electronic means.
(11) NEW LOCAL FAMILY CARE COUNCILS.—When a local family care council is established for the first time in a local area, the Governor shall appoint the first four council members, who shall serve 3-year terms. These members shall submit to the Governor, within 90 days after their appointment, recommendations for at least six additional members, selected by majority vote.
(12) FUNDING; FINANCIAL REVIEW.—The statewide and local family care councils may apply for, receive, and accept grants, gifts, donations, bequests, and other payments from any public or private entity or person. Each local council is subject to an annual financial review by staff assigned by the agency. Each local council shall exercise care and prudence in the expenditure of funds. The local family care councils shall comply with state expenditure requirements.
(13) TRAINING.—
(a) The agency, in consultation with the statewide and local councils, shall establish and provide a training program for council members.
(b) The training shall assist the council members to understand the laws, rules, and policies applicable to their duties and responsibilities.
(c) All persons newly appointed to the statewide or a local council must complete this training within 90 days after their appointment. A person who fails to meet this requirement is considered to have resigned from the council. The agency may make additional training available to council members.
(14) DUTIES.—The agency shall publish on its website all annual reports submitted by the local family care councils and the Statewide Family Care Council within 15 days after receipt of such reports in a designated and easily accessible section of the website.
(15) ADMINISTRATIVE SUPPORT.—The agency shall provide administrative support to the statewide council and local councils, including, but not limited to, staff assistance and meeting facilities, within existing resources.
History.—s. 4, ch. 93-143; s. 94, ch. 99-8; s. 5, ch. 2000-139; s. 82, ch. 2004-267; s. 1, ch. 2014-87; s. 3, ch. 2025-130.