Home
Menu
904-383-7448
F.S. 296.33 on Google Scholar

F.S. 296.33 on Casetext

Amendments to 296.33


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XX
VETERANS
Chapter 296
VETERANS' HOMES
View Entire Chapter
F.S. 296.33 Florida Statutes and Case Law
296.33 Definitions.As used in this part, the term:
(1) “Administrator” means the licensed person who has been appointed to serve as the chief executive of the home and has the general administrative charge of the facility.
(2) “Department” means the Florida Department of Veterans’ Affairs.
(3) “Director” means the executive director of the Florida Department of Veterans’ Affairs.
(4) “Home” means a licensed health care facility operated by the department pursuant to part II of chapter 400.
(5) “Resident” means any eligible veteran admitted to the home.
(6) “Veteran” means a person as defined in s. 1.01(14).
History.s. 14, ch. 92-80; s. 84, ch. 99-13; s. 5, ch. 2002-298.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 296.33 on Google Scholar

F.S. 296.33 on Casetext

Amendments to 296.33


Arrestable Offenses / Crimes under Fla. Stat. 296.33
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 296.33.


Civil Citations / Citable Offenses under S296.33
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 296.33.


Annotations, Discussions, Cases:

  1. In his 2016 addendum to the MSS, Mr. Shaleen noted that Plaintiff had reported an "inability to engage or effectively navigate the complexities of interpersonal workplace relationships[] or deal emotionally with the inevitable demands and anxieties that work experiences have held for him in the past and would in the future." R. 643. Finally, in his 2016 Psychiatric Review Technique form, Mr. Shaleen opined that Plaintiff's condition meets the criteria of listing "296.33" and listings 12.04 Affective Disorders and 12.06 Anxiety-Related Disorders. R. 648. Mr. Shaleen noted that Plaintiff had marked restrictions in activities of daily living, marked difficulties in maintaining concentration, persistence, or pace, and extreme difficulties in maintaining social functioning. R. 658.
    PAGE 6
  2. Jorgensen v. Berryhill

    No. 4:15-CV-0889-O-BL (N.D. Tex. Feb. 9, 2017)   Cited 1 times
    When Plaintiff first visited LCSW Kelso on February 28, 2013, the counselor noted the same diagnosis as Dr. Grant - Code 296.33. R. 1186. Plaintiff related a history of various stressors and circumstances leading to her mental impairment. See id.
    PAGE 13
  3. Melendez-Ojeda v. Comm'r of Soc. Sec.

    CIVIL NO. 11-1485 (CVR) (D.P.R. Oct. 22, 2012)   Cited 2 times
    DSM-IV provides reference that: 296.33 is classified as Major Depressive Disorder, Recurrent, Severe Without Psychotic Features; 300.04 is a Dysthymic Disorder Mood Disorders; and 293.83 is a Mood Disorder Due related to indicated General Medical Condition.
    PAGE 14
  4. Berry v. Berryhill

    Case No.: 16-cv-1700-MMA-AGS (S.D. Cal. Aug. 18, 2017)
    There is no question that Berry's repeated diagnosis of Major Depressive Disorder, Recurrent—Severe (DSM-IV code 296.33) qualifies as medically severe. (See, e.g., AR 461, 464, 467, 470, 473, 483, 513, 516, 519, 522, 553, 555, 558); see O'Connor-Spinner v. Colvin, 832 F.3d 690, 697 (7th Cir. 2016) (pointing out that it was "nonsensical" for the ALJ to "decide[] that 'major depression, recurrent severe' isn't a severe impairment," since "the diagnosis, by definition, reflects a practitioner's assessment that the patient suffers from 'clinically significant distress or impairment in social, occupational, or other important areas of functioning.'" (citations omitted)); American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders 376, 412-13 (rev. 4th ed. 2000) ("DSM-IV"). Thus, this Court will focus its analysis entirely on the 12-month duration requirement.
    PAGE 3
  5. Olmeda v. Astrue

    16 F. Supp. 3d 23 (D.P.R. 2014)   Cited 6 times
    Dr. Japhet Gaztambide Montes was plaintiff's treating psychiatrist from January 26, 2011 to March 28, 2012. On the first evaluation and subsequent ones, he diagnosed “AXIS I: 296.33” which in the DSM–IV is defined as major depression, recurrent, severe without psychotic features. (Tr. at 1076, 1080, 1085). The doctor issued a mental residual functional capacity assessment of total disability lasting over a year, that is from January, 2011 to March, 2012. (Tr. at 124–28).
    PAGE 29
  6. Mercado v. Comm'r of Soc. Sec.

    CIVIL NO. 12-1388 (MEL) (D.P.R. Sep. 20, 2013)   Cited 3 times
    See Meléndez -Ojeda v. Comm'r of Soc. Sec., Civ. No. 11-1485 (CVR), 2012 WL 5199609, at *7 n.4 (D.P.R. Oct. 22, 2012) (indicating that code 296.33 refers to severe recurrent major depressive disorder).
    PAGE 3
  7. Pallesi v. Colvin

    Case No. 1:13-CV-01813-SMS (E.D. Cal. Dec. 11, 2014)
    In objective progress notes, Dr. Luu wrote that Plaintiff was not medication compliant, had sleep irregularities, and that her appetite was "not good." Dr. Luu observed that Plaintiff was disheveled ("clean but unkempt, no make up, teary"); had depressed mood; labile affective range; motor retardation; but had normal cognition, speech, orientation, thought content, insight and judgment; cooperative behavior; alert sensorium; organized thought processes; and average intelligence. As to Plaintiff's response to medication and lab results, Dr. Luu assessed that Plaintiff was "worse." The doctor's primary diagnosis remained "296.33 - Major Depressive Disorder, Recurrent, Severe Without Psychotic Features." Under Axis V, Dr. Luu opined that Plaintiff had a GAF score of 49. Plaintiff would continue with the same medication levels previously prescribed.
    PAGE 23
  8. 19. A July 14, 2005 Chameleon Health Care psychological evaluation from Cynthia L. Hagan, MA Michael D. Morrello, M.S., indicating complaints of inability to work due to decreased psychological functioning, increased physical pain, heart condition, fatigue, shortness of breath and dizziness, scoliosis, and incomplete discs in his shoulder blades. Nicholson's test results indicated WAIS-III: verbal IQ 84, performance IQ 85, full scale IQ 84, WRAT-III: reading 41, spelling 27, arithmetic 30. A diagnostic impression of Axis I: 296.33 Major Depressive Disorder, Moderate 300.00 Anxiety Disorder NOS, Axis II: V71.09 No diagnosis, Axis III: complications due to a heart condition, low back pain, Axis IV: economic Problem: low Income, Vocational Problem: Unemployed, and Axis V: 56.
    PAGE 747
  9. Hangartner v. Shalala

    865 F. Supp. 755 (D. Utah 1994)   Cited 2 times
    R/O 296.33 Major Depression, recurrent, severe, without psychotic features.
    PAGE 758
  10. Jimenez-Cruz v. Astrue

    CIVIL NO.: 09-1812 (MEL) (D.P.R. Apr. 11, 2012)   Cited 2 times
    Dr. Gaztambide's reports are also internally contradictory. In his evaluation of plaintiff on March 15, 2004, he diagnosed plaintiff with major depressive disorder and a GAF of 60. (Tr. 444.) His progress notes from March 15, 2004 through May 21, 2004, indicate a diagnosis of DSM IV code 296.33, major depression, recurrent and severe, without psychotic features. (Tr. 439-44.) However, in the RFC form that Dr. Gaztambide prepared on March 20, 2007, he indicated that plaintiff's diagnosis was schizoaffective disorder (DSM IV 295.70), and did not list major depression (DSM IV 296.33) as a diagnosis. (Tr. 529.) This RFC form asks the psychiatrist to provide "the earliest date the description of symptoms and limitations on this questionnaire applies," to which Dr. Gatzambide responded March 15, 2004. (Tr. 531). However, as already mentioned, the March 15, 2004 evaluation indicated major depressive disorder, not schizoaffective disorder, and a GAF score of 60, which is consistent with moderate, not extreme, limitations. See, supra note 4. Moreover, there is no other medical evidence in the record that mentions schizoaffective disorder aside from Dr. Gatzambide's March…
    PAGE 26