Florida Statutes § 393.13

“Treatment of persons with developmental disabilities under the public health law”

Individuals with developmental disabilities have a variety of rights including:

• The right to receive community-based care instead of institutional commitment when a comprehensive assessment indicates that the individual can receive care in his or her community;
• The right to dignity, privacy and humane care, including the right to be free from abuse;
• The right to be free from harm, including unnecessary physical, chemical, or mechanical restraint, isolation, excessive medication, abuse or neglect;
• The right to consent to or refuse treatment;
• The right not to be a subject of discrimination solely by reason of having a developmental disability;
• When receiving experimental care in a health care facility, the individual has the right to informed consent.

The Agency for Health Care Administration must establish a central record for an individual with developmental disabilities. The record must be maintained by the individual’s support coordinator and must contain information pertaining to admission, diagnosis and treatment history, present condition, and other necessary information. The central record is the property of the agency. The central record is confidential and may not be released except:

• By waiver of the individual with developmental disabilities;
• To physicians, attorneys and government agencies having need of the record to aid the individual;
• To comply with a court order;
• For research purposes; and
• To the individual or the individual’s parent or legal guardian.