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Florida Statute 393.115 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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F.S. 393.115 Case Law from Google Scholar Google Search for Amendments to 393.115

The 2024 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 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 Citing Statute 393.115

Total Results: 1

J.R. v. Barbara Palmer, etc.

Court: Supreme Court of Florida | Date Filed: 2015-05-14

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

Snippet: involving minors. Id. (discussing §§ 393.11(9)(b), 393.115, Fla. Stat.). The Eleventh Circuit also noted “that