The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 393
DEVELOPMENTAL DISABILITIES

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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 Casetext

Amendments to 393.115

Arrestable Offenses / Crimes under Fla. Stat. 393.115

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 393.115.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . related to judicial review of involuntary admissions when a client reaches the age of majority, see § 393.115 . . . (discussing §§ 393.11(9)(b), 393.115, Fla. Stat.). . . . Section 393.115(1)(b) builds on the procedure for dealing with minors in residential services upon reaching . . . petition to determine the appropriateness of continued residential placement on an involuntary basis.” § 393.115 . . .

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

. . . Section 393.115, “Discharge,” specifies that where a minor is involuntarily admitted to residential services . . . Id. § 393.115(l)(b). . . .

CRUZ, v. ZAPATA OCEAN RESOURCES, INC. v. UNITED STATES A. CASTILLO, v. ZAPATA OCEAN RESOURCES, INC. v. UNITED STATES, 695 F.2d 428 (9th Cir. 1982)

. . . Manuscript, Dep’t of State, file 393.115 President Hoover/76, cited in 3 G. . . .