Have You Received a Notice from APD Assigning You to a Tier in the Month of September? If So, Please Read This Page!

What Are the Tiers?

The Florida legislature passed a law in 2007 creating a four Tier Waiver System, getting rid of the Home and Community Based Waiver and the Family Supported Living Waiver. The law requires the Agency for Persons with Disabilities (APD) assign everyone currently on these two Waivers to one of the new four Tiers.

Implementing the Tier Waiver Program

APD’s Rule Implementing the four Tier Waiver Program was challenged in court; however, the court upheld the Rule. On September 2, 2008, APD sent out Notices assigning all individuals to a Tier. The implementation date right now is October 15, 2008, but APD may move it to November.

If you disagree with your Tier assignment, keep reading for some facts and information.

Filing For a Due Process Hearing

If you disagree with your Tier assignment, you have the right to appeal APD’s decision by requesting an administrative hearing with APD. You must file your request for a hearing with APD within 10 days of receiving notice of your tier assignment to continue your services at the existing level until the final decision on your request for a hearing.

Filing your request for a hearing with APD means that APD has to have received it by mail or fax within ten days of receiving notice.
You have thirty days within which you can request a hearing, but if you do not make it within 10 days, your services will not continue at their existing level.

Tier’s Administrative Hearing Request

Petition Form in Word format (46k)
Petition Form in PDF format (19k)

Q & A Regarding the Tiers

Yes You Can! Questions and Answers on APD Tier Placement Hearings (PDF, 148k)