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

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 393
DEVELOPMENTAL DISABILITIES
View Entire Chapter
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 CourtListener

Amendments to 393.115


Annotations, Discussions, Cases:

Cases Citing Statute 393.115

Total Results: 2  |  Sort by: Relevance  |  Newest First

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

Cited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 6223684, 2013 U.S. App. LEXIS 17380

...body with the power to alter the order. See Fla. Stat. § 393.0651; id. § 393.11(11). In contrast, there are a few specific instances in which the statute does call for an involuntary admission order to non-secure residential services to be reviewed by the court. Section 393.115, “Discharge,” specifies that where a minor is involuntarily admitted to residential services, upon the client reaching the age of majority, “the [APD] shall file a petition to determine the appropriateness of continued residential placement on an involuntary basis. . . . in the court having continuing jurisdiction over the case.” Id. § 393.115(1)(b)....
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J.R. v. Barbara Palmer, etc., 175 So. 3d 710 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 267, 2015 Fla. LEXIS 1055, 2015 WL 2236760

...alter the order.” Id. The court pointed out that other sections in chapter 393 require judicial review of “an involuntary admission order to non-secure residential services” under specific circumstances involving minors. Id. (discussing §§ 393.11(9)(b), 393.115, Fla....
...Second, - 17 - section 393.11(9)(b) explicitly provides that “[a]ny minor involuntarily admitted to residential services shall, upon reaching majority, be given a hearing to determine the continued appropriateness of his or her involuntary admission.” Section 393.115(1)(b) builds on the procedure for dealing with minors in residential services upon reaching the age of majority....
...the resident appears to meet the criteria for involuntary admission to residential services, as defined in s. 393.11, the agency shall file a petition to determine the appropriateness of continued residential placement on an involuntary basis.” § 393.115(1)(b), Fla....
...The various provisions of chapter 393 therefore must be read harmoniously in light of the whole chapter. Finally, the duty of the Agency under section 393.0651 is in no way circumscribed by the statutory provisions related to judicial review of involuntary admissions when a client reaches the age of majority, see § 393.115, Fla....

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