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Florida Statute 393.115 - Full Text and Legal Analysis
Florida Statute 393.115 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 393
DEVELOPMENTAL DISABILITIES
View Entire Chapter
F.S. 393.115
393.115 Discharge.
(1) DISCHARGE AT THE AGE OF MAJORITY.
(a) When any residential client reaches his or her 18th birthday, the agency shall give the resident or legal guardian the option to continue residential services or to be discharged from residential services.
(b) If the resident appears to meet the criteria for involuntary admission to residential services pursuant to s. 393.11, the agency shall file a petition to determine the appropriateness of continued residential placement on an involuntary basis. The agency shall file the petition for involuntary admission in the county in which the client resides. If the resident was originally involuntarily admitted to residential services pursuant to s. 393.11, then the agency shall file the petition in the court having continuing jurisdiction over the case.
(c) Nothing in this section shall in any way limit or restrict the resident’s right to a writ of habeas corpus or the right of the agency to transfer a resident receiving residential care to a program of appropriate services provided by the agency when such program is the appropriate habilitative setting for the resident.
(2) DISCHARGE AFTER CRIMINAL OR JUVENILE COMMITMENT.Any person with developmental disabilities committed to the custody of the agency pursuant to the provisions of the applicable criminal or juvenile court law shall be discharged in accordance with the requirements of the applicable criminal or juvenile court law.
History.s. 7, ch. 7887, 1919; ss. 2, 3, ch. 10272, 1925; CGL 3669, 3674-3676; s. 1, ch. 61-426; ss. 19, 35, ch. 69-106; s. 1, ch. 70-343; s. 1, ch. 70-439; s. 7, ch. 73-308; s. 194, ch. 77-147; s. 3, ch. 77-335; s. 19, ch. 78-95; s. 9, ch. 88-398; s. 16, ch. 89-308; s. 702, ch. 95-148; s. 107, ch. 2004-267; s. 87, ch. 2020-2.
Note.Former s. 393.05.

F.S. 393.115 on Google Scholar

F.S. 393.115 on CourtListener

Amendments to 393.115


Annotations, Discussions, Cases:

Cases Citing Statute 393.115

Total Results: 2

J.R. v. Michael Hansen

736 F.3d 959, 2013 WL 6223684, 2013 U.S. App. LEXIS 17380

Court of Appeals for the Eleventh Circuit | Filed: Aug 20, 2013 | Docket: 673032

Cited 4 times | Published

residential services to be reviewed by the court. Section 393.115, “Discharge,” specifies that where a minor

J.R. v. Barbara Palmer, etc.

175 So. 3d 710, 40 Fla. L. Weekly Supp. 267, 2015 Fla. LEXIS 1055, 2015 WL 2236760

Supreme Court of Florida | Filed: May 14, 2015 | Docket: 2656904

Published

appropriateness of his or her involuntary admission.” Section 393.115(1)(b) builds on the procedure for dealing