Florida Statutes
Fla. Stat. § 397.305 (2025)
Legislative findings, intent, and purpose.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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397.305 Legislative findings, intent, and purpose.—
(1) Substance abuse is a major health problem that affects multiple service systems and leads to such profoundly disturbing consequences as serious impairment, chronic addiction, criminal behavior, vehicular casualties, spiraling health care costs, AIDS, and business losses, and significantly affects the culture, socialization, and learning ability of children within our schools and educational systems. Substance abuse impairment is a disease which affects the whole family and the whole society and requires a system of care that includes prevention, intervention, clinical treatment, and recovery support services that support and strengthen the family unit. Further, it is the intent of the Legislature to require the collaboration of state agencies, service systems, and program offices to achieve the goals of this chapter and address the needs of the public; to establish a comprehensive system of care for substance abuse; and to reduce duplicative requirements across state agencies. This chapter is designed to provide for substance abuse services.
(2) It is the goal of the Legislature to discourage substance abuse by promoting healthy lifestyles; healthy families; and drug-free schools, workplaces, and communities.
(3) It is the purpose of this chapter to provide for a comprehensive continuum of accessible and quality substance abuse prevention, intervention, clinical treatment, and recovery support services in the most appropriate and least restrictive environment which promotes long-term recovery while protecting and respecting the rights of individuals, primarily through community-based private not-for-profit providers working with local governmental programs involving a wide range of agencies from both the public and private sectors.
(4) It is the intent of the Legislature that licensed, qualified health professionals be authorized to practice to the full extent of their education and training in the performance of professional functions necessary to carry out the intent of this chapter.
(5) It is the intent of the Legislature to establish expectations that services provided to persons in this state use the coordination-of-care principles characteristic of recovery-oriented services and include social support services, such as housing support, life skills and vocational training, and employment assistance necessary for persons who have substance use disorders or co-occurring substance use and mental health disorders to live successfully in their communities.
(6) It is the intent of the Legislature to ensure within available resources a full system of care for substance abuse services based on identified needs, delivered without discrimination and with adequate provision for specialized needs.
(7) It is the intent of the Legislature to establish services for individuals with co-occurring substance abuse and mental disorders.
(8) It is the intent of the Legislature to provide an alternative to criminal imprisonment for substance abuse impaired adults and juvenile offenders by encouraging the referral of such offenders to service providers not generally available within the juvenile justice and correctional systems, instead of or in addition to criminal penalties.
(9) It is the intent of the Legislature to provide, within the limits of appropriations and safe management of the juvenile justice and correctional systems, substance abuse services to substance abuse impaired offenders who are placed by the Department of Juvenile Justice or who are incarcerated within the Department of Corrections, in order to better enable these offenders or inmates to adjust to the conditions of society presented to them when their terms of placement or incarceration end.
(10) It is the intent of the Legislature to provide for assisting substance abuse impaired persons primarily through health and other rehabilitative services in order to relieve the police, courts, correctional institutions, and other criminal justice agencies of a burden that interferes with their ability to protect people, apprehend offenders, and maintain safe and orderly communities.
(11) It is the intent of the Legislature that the freedom of religion of all citizens shall be inviolate. Nothing in this act shall give any governmental entity jurisdiction to regulate religious, spiritual, or ecclesiastical services.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1998–2025 · leading case: Cole v. State, 714 So. 2d 479 (Fla. 2d DCA 1998).
Cole v. State, 714 So. 2d 479 (Fla. 2d DCA 1998). “" § 397.305(2), (10), Fla. Stat. (1997). [1] *482 In its first two parts, the Act directs the Department of Health and Rehabilitative Services (now the Department of Health, Ch.”
State v. R.B., 711 So. 2d 222 (Fla. 4th DCA 1998). “§ 397.305(7), Fla. Stat. (1995). By tracking the language of section 397.”
Dep't of Child. & Fam. Servs. v. Chapman, 9 So. 3d 676 (Fla. 2d DCA 2009). “See § 397.305(2) (asserting that the act’s purpose is “to provide for a comprehensive continuum of accessible and quality substance abuse prevention, intervention, and treatment services”).”
T. L. v. F. M. (Fla. 2d DCA 2019). “(1993); § 397.305, Fla. Stat. (1993). Under the Act, there are two court-ordered involuntary admission procedures: "involuntary assessment and stabilization" and "involuntary treatment.”
Robert C. Burley, Etc. v. the Vill. South, Inc., Etc. (Fla. 3d DCA 2025). “” (emphasis added); see also § 397.305(1), Fla. Stat. (2016) (expressing legislative intent and findings: “Substance abuse impairment is a disease which affects the whole family and the whole of society and requires a 11 system of care that includes, prevention, intervention,…”
State v. RB, 711 So. 2d 222 (Fla. 4th DCA 1998). “§ 397.305(7), Fla. Stat. (1995). By tracking the language of section 397.”
— 397.305(1) — 1 case
Robert C. Burley, Etc. v. the Vill. South, Inc., Etc. (Fla. 3d DCA 2025). “” (emphasis added); see also § 397.305(1), Fla. Stat. (2016) (expressing legislative intent and findings: “Substance abuse impairment is a disease which affects the whole family and the whole of society and requires a 11 system of care that includes, prevention, intervention,…”
— 397.305(2) — 2 cases
Cole v. State, 714 So. 2d 479 (Fla. 2d DCA 1998). “" § 397.305(2), (10), Fla. Stat. (1997). [1] *482 In its first two parts, the Act directs the Department of Health and Rehabilitative Services (now the Department of Health, Ch.”
Dep't of Child. & Fam. Servs. v. Chapman, 9 So. 3d 676 (Fla. 2d DCA 2009). “See § 397.305(2) (asserting that the act’s purpose is “to provide for a comprehensive continuum of accessible and quality substance abuse prevention, intervention, and treatment services”).”
— 397.305(7) — 2 cases
State v. R.B., 711 So. 2d 222 (Fla. 4th DCA 1998). “§ 397.305(7), Fla. Stat. (1995). By tracking the language of section 397.”
State v. RB, 711 So. 2d 222 (Fla. 4th DCA 1998). “§ 397.305(7), Fla. Stat. (1995). By tracking the language of section 397.”
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