Florida Statutes

Fla. Stat. § 393.115 (2025)

Discharge.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 1 case, 2015–2015 · leading case: J.R. v. Barbara Palmer, etc., 175 So. 3d 710 (Fla. 2015).

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J.R. v. Barbara Palmer, etc., 175 So. 3d 710 (Fla. 2015). · cites it 9× “These specific provisions are in no way inconsistent with the broad duty imposed by section 393.”

— 393.115(1)(b) — 1 case

J.R. v. Barbara Palmer, etc., 175 So. 3d 710 (Fla. 2015). “These specific provisions are in no way inconsistent with the broad duty imposed by section 393.”

— 393.115(l)(b) — 1 case

J.R. v. Barbara Palmer, etc., 175 So. 3d 710 (Fla. 2015). “These specific provisions are in no way inconsistent with the broad duty imposed by section 393.”

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