The Florida Senate

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

(1)  The Department of Children and Family Services shall plan, develop, organize, and implement its programs of services and treatment for persons who are developmentally disabled along district lines. The goal of such programs shall be 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.

(2)  All programs of services and treatment for clients shall be administered through the districts and shall serve all clients regardless of the type of residential setting in which the client lives. All elements of community-based services shall be made available in each service district and eligibility for these services shall be consistent across districts. In addition, all purchased services shall be approved by the district.

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

(4)  Community-based services shall, to the extent of available resources, include:

(a)  Day services, including developmental training services.

(b)  Family care services.

(c)  Guardian advocate referral services.

(d)  Medical/dental services.

(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.

Services to clients with spina bifida shall not include medical services except as appropriated by the Legislature.

(5)  Provided it is consistent with the intent of the Legislature, the department shall prioritize increased appropriations provided for community-based services for developmentally disabled individuals toward individualized, community-based supports and services for consumers and their families. Further, the department's 5-year plan for Developmental Services shall reflect a priority toward individualized, community-based supports and services for consumers and their families.

(6)  The department 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.

(7)  In order to improve the potential for utilization of more cost-effective, community-based residential facilities, the department shall promote the statewide development of day 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 services, require admission to a developmental services institution. Each day service facility shall provide a protective physical environment for clients, ensure that direct service providers meet the minimum standards for good moral character as contained in s. 393.0655, make available to all day 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.

(8)  For the purpose of making needed community-based residential facilities available at the least possible cost to the state, the department 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. In addition, the department is authorized to permit, on any public land to which the department holds the lease, construction of a residential facility for which the department has entered into a long-term rental agreement as specified in this subsection.

(9)  The department 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.