The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 393
DEVELOPMENTAL DISABILITIES

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F.S. 393.062

393.062 Legislative findings and declaration of intent.—The Legislature finds and declares that existing state programs for the treatment of individuals with developmental disabilities, which often unnecessarily place clients in institutions, are unreasonably costly, are ineffective in bringing the individual client to his or her maximum potential, and are in fact debilitating to many clients. A redirection in state treatment programs for individuals with developmental disabilities is necessary if any significant amelioration of the problems faced by such individuals is ever to take place. Such redirection should place primary emphasis on programs that prevent or reduce the severity of developmental disabilities. Further, the greatest priority shall be given to the development and implementation of community-based services that will enable individuals with developmental disabilities to achieve their greatest potential for independent and productive living, enable them to live in their own homes or in residences located in their own communities, and permit them to be diverted or removed from unnecessary institutional placements. This goal cannot be met without ensuring the availability of community residential opportunities in the residential areas of this state. The Legislature, therefore, declares that all persons with developmental disabilities who live in licensed community homes shall have a family living environment comparable to other Floridians and that such residences shall be considered and treated as a functional equivalent of a family unit and not as an institution, business, or boarding home. The Legislature further declares that, in developing community-based programs and services for individuals with developmental disabilities, private businesses, not-for-profit corporations, units of local government, and other organizations capable of providing needed services to clients in a cost-efficient manner shall be given preference in lieu of operation of programs directly by state agencies. Finally, it is the intent of the Legislature that all caretakers unrelated to individuals with developmental disabilities receiving care shall be of good moral character.

History.—s. 1, ch. 77-335; s. 3, ch. 85-54; s. 6, ch. 89-308; s. 1, ch. 99-144; s. 9, ch. 2006-227.

F.S. 393.062 on Google Scholar

F.S. 393.062 on Casetext

Amendments to 393.062

Arrestable Offenses / Crimes under Fla. Stat. 393.062

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 393.062.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. R. v. HANSEN,, 803 F.3d 1315 (11th Cir. 2015)

. . . . § 393.062; J.R. II, 175 So.3d at 714-15, 2015 WL 2236760, at *4. . . . developmental disabilities to achieve their greatest potential for independent and productive living.” § 393.062 . . .

J. R. v. PALMER,, 175 So. 3d 710 (Fla. 2015)

. . . . § 393.062 et. seq. provide a statutory mandate to meaningfully periodically review involuntary admissions . . . The legislative purpose stated in section 393.062 provides the development and implementation of community-based . . .

J. R. v. HANSEN,, 736 F.3d 959 (11th Cir. 2013)

. . . . § 393.062 et seq. . . . Id. § 393.062. . . . Stat. § 393.062 et. seq. provide a statutory mandate to meaningfully periodically review involuntary . . .

AGENCY FOR PERSONS WITH DISABILITIES, v. DALLAS, 38 So. 3d 831 (Fla. Dist. Ct. App. 2010)

. . . See §§ 393.062, 393.066, Fla. Stat. . . .

R. DORNBACH K. v. F. HOLLEY K., 854 So. 2d 211 (Fla. Dist. Ct. App. 2002)

. . . Finally, public policy as stated in section 419.001(2) and in section 393.062, Florida Statutes (2000 . . . Section 393.062, Florida Statutes (2000), provides, in part: The Legislature declares that the goal of . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. STATE, 655 So. 2d 227 (Fla. Dist. Ct. App. 1995)

. . . A proceeding under section 393.062, Fla.Stat. (1993) (“Developmental Disabilities”) provides for involuntary . . .

RINI, v. STATE DEPARTMENT OF HEALTH REHABILITATIVE SERVICES,, 496 So. 2d 178 (Fla. Dist. Ct. App. 1986)

. . . Under section 393.062, Florida Statutes, HRS is authorized to provide such services as will maximize . . .

ARMSTEAD, v. PINGREE,, 629 F. Supp. 273 (M.D. Fla. 1986)

. . . Fla.Stat. 393.062 (Supp.1985). . . .