CopyCited 13 times | Published | District Court, M.D. Florida | 1986 U.S. Dist. LEXIS 29903
...NOTES [1] The Legislature's intent in enacting chapter 393 was to develop community-based residential treatment programs for retarded individuals which would allow such "clients" to be "diverted or removed from unnecessary institutional placements." Fla.Stat. 393.062 (Supp.1985)....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31875013
...However, the record does show that by enforcing the restriction, incidental discrimination results since the residence is made unavailable *214 for the handicapped. See Rhodes v. Palmetto Pathway Homes, Inc., 303 S.C. 308, 400 S.E.2d 484 (1991). Finally, public policy as stated in section
419.001(2) and in section
393.062, Florida Statutes (2000), [2] supports the premise that the group home is the functional equivalent of a single-family residential unit and as such does not pose any threat to the purpose justifying the deed restrictions at issue....
...The final judgment is reversed, and the matter is remanded with instructions that the trial court should enter judgment in favor of the Dornbachs. Reversed and remanded. BLUE, C.J., and FULMER, J., concur. NOTES [1] "Handicap" is defined to include a person who has a developmental disability. §
760.22(7)(b). [2] Section
393.062, Florida Statutes (2000), provides, in part: The Legislature declares that the goal of this act, to improve the quality of life of all developmentally disabled persons by the development and implementation of community-based residenti...
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 6223684, 2013 U.S. App. LEXIS 17380
...e must certify
certain questions to the Supreme Court of Florida.3
I. The Statute
Chapter 393 of the Florida Statutes provides for people with
“Developmental Disabilities.” See Fla. Stat. § 393.062 et seq....
...The legislative
declaration of intent explains that the state legislature decided to privatize care for
these people, prioritizing “community-based programs and services . . . in lieu of
operation of programs directly by state agencies.” Id. § 393.062....
...Stat. §
393.11, to petition the circuit court for the
release from an involuntary admission order in cases where the APD
determines that the circumstances that led to the initial admission order have
changed?
3) Does Fla. Stat. §
393.062 et....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 17893, 2015 WL 5973269
...Florida’s statutory framework for involuntarily
committing the intellectually disabled is somewhat complicated, involving several
interlocking provisions.
Chapter 393 of the Florida Statutes provides for the treatment of people with
“developmental disabilities.” Fla. Stat. § 393.062; J.R....
...admitting the intellectually disabled to residential services in order to “prevent or
reduce the severity of developmental disabilities” and to “enable individuals with
developmental disabilities to achieve their greatest potential for independent and
productive living.” § 393.062....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...voluntary confinement or treatment *229 of children who are incompetent to proceed by reason of mental retardation. The rule speaks only in terms of "hospitalization" which appears to refer to a Chapter 394 "Baker Act" proceeding. A proceeding under section 393.062, Fla....
CopyPublished | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 2094, 1986 Fla. App. LEXIS 9978
denying them to nonresidential clients. Under section
393.062, Florida Statutes, HRS is authorized to provide
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 267, 2015 Fla. LEXIS 1055, 2015 WL 2236760
...Stat. §
393.11, to petition the circuit
court for the release from an involuntary admission order in cases
where the APD determines that the circumstances that led to the initial
admission have changed?
3) Does Fla. Stat. §
393.062 et....
...3d at 82.
- 15 -
The Agency contends that the statement of legislative purpose behind
chapter 393 supports the finding of an implied obligation; however, the legislative
purpose does not support that proposition. The legislative purpose stated in section
393.062 provides
the development and implementation of community-based services
that will enable individuals with developmental disabilities to achieve
their greatest potential for independent and productive living, enable...
