The procedure for adoption of these emergency rules is “fair under the circumstances” as required by Section 120.54(4), F.S., and provides the procedural protection required for adoption of emergency rules. Section 393.0661(4), F.S. (2007), mandated APD to reduce the deficit by all means including limiting services, reducing rates, or limiting the number of people provided services. The Conference Report on House Bill 5001, General Appropriations Act for Fiscal Year 2008-2009 specifically required APD to reduce services rates by $43,544,549.00. The Agency for Persons with Disabilities (APD) gave the provider community timely advance notice that the APD was considering rate adjustments to meet the Legislature’s mandate. APD hosted an open meeting for providers of services on Friday May 9, 2008 for the purpose of identifying means of achieving the required reduction in rates. Along with staff from APD and AHCA, participants in the process included providers and provider associations, waiver support coordinators, representatives from advocacy groups including Florida Association for Rehabilitation Facilities (FARF), the Family Care Council, Arc of Florida, Florida Association of Support Coordinators, Sunrise (a provider agency), and Mentor (a provider agency). After the initial introduction summarizing the legislative requirement to reduce rates, APD received comments and suggestions from all who chose to speak or provide written information. (APD) also distributed information about rates and the effects of alternative rate reduction approaches. In developing these emergency rules, (AHCA) and (APD) have considered, and in some cases incorporated, suggestions from the provider community. Constitutional and statutory due process requirements are met as an opportunity for judicial review of the emergency rules is provided by Section 120.54(4)(a)3., F.S., and an opportunity to contest the emergency rules is provided by Section 120.5615, F.S.