Florida Statutes
Fla. Stat. § 393.062 (2025)
Legislative findings and declaration of intent.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 8
cases, 1986–2015 · leading case: Dornbach v. Holley, 854 So. 2d 211 (Fla. 2d DCA 2002).
Dornbach v. Holley, 854 So. 2d 211 (Fla. 2d DCA 2002). “001(2) and in section 393.062, Florida Statutes (2000), [2] supports the premise that the group home is the functional equivalent of a single-family residential unit and as such does not pose any threat to the purpose justifying the deed restrictions at issue.”
J.R. v. Michael Hansen, 736 F.3d 959 (11th Cir. 2013). “” See Fla. Stat. § 393.062 et seq. The legislative declaration of intent explains that the state legislature decided to privatize care for these people, prioritizing “community-based programs and services- .”
J.R. v. Barbara Palmer, etc., 175 So. 3d 710 (Fla. 2015). “11 , to petition the circuit court for the release from an involuntary admission order in cases where the APD determines that the circumstances that led to the initial admission have changed? 3) Does Fla.”
Armstead v. Pingree, 629 F. Supp. 273 (M.D. Fla. 1986). “” Fla.Stat. 393.062 (Supp.1985). Clients are defined as those accepted by HRS for retardation or developmental disability services.”
J.R. v. Michael Hansen, 803 F.3d 1315 (11th Cir. 2015). “claims that Florida law denies due process because it permits the State to keep intellectually disabled people like him involuntarily committed indefinitely without periodic review. Florida’s statutory framework for involuntarily committing the intellectually disabled is…”
Dept. of Health & Rehab. Serv. v. St., 655 So. 2d 227 (Fla. 5th DCA 1995). “A proceeding under section 393.062, Fla. Stat. (1993) ("Developmental Disabilities") provides for involuntary commitment of the severely retarded, but not "hospitalization.”
Agency for Persons With Disabilities v. Dallas, 38 So. 3d 831 (Fla. 1st DCA 2010). “See §§ 393.062, 393.066, Fla. Stat. To receive such services, an individual must apply in writing to the Agency which, in turn, initially determines whether the applicant is eligible for services.”
Rini v. State, Dep't of Health & Rehabilitative Servs., 496 So. 2d 178 (Fla. 1st DCA 1986). “Under section 393.062, Florida Statutes, HRS is authorized to provide such services as will maximize clients’ potential for independent living.”
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