The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

View Entire Chapter

F.S. 394.453

394.453 Legislative intent.—

(1) It is the intent of the Legislature:

(a) To authorize and direct the Department of Children and Families to evaluate, research, plan, and recommend to the Governor and the Legislature programs designed to reduce the occurrence, severity, duration, and disabling aspects of mental, emotional, and behavioral disorders.

(b) That treatment programs for such disorders include, but not be limited to, comprehensive health, social, educational, and rehabilitative services to persons requiring intensive short-term and continued treatment in order to encourage them to assume responsibility for their treatment and recovery. It is intended that:

1. Such persons be provided with emergency service and temporary detention for evaluation when required;

2. Such persons be admitted to treatment facilities on a voluntary basis when extended or continuing care is needed and unavailable in the community;

3. Involuntary placement be provided only when expert evaluation determines it is necessary;

4. Any involuntary treatment or examination be accomplished in a setting that is clinically appropriate and most likely to facilitate the person’s return to the community as soon as possible; and

5. Individual dignity and human rights be guaranteed to all persons who are admitted to mental health facilities or who are being held under s. 394.463.

(c) 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 with mental health disorders and co-occurring mental health and substance use disorders to live successfully in their communities.

(d) That licensed, qualified health professionals be authorized to practice to the fullest extent of their education and training in the performance of professional functions necessary to carry out the intent of this part.

(2) It is the policy of this state that the use of restraint and seclusion on clients is justified only as an emergency safety measure to be used in response to imminent danger to the client or others. It is, therefore, the intent of the Legislature to achieve an ongoing reduction in the use of restraint and seclusion in programs and facilities serving persons with mental illness.

(3) The Legislature further finds the need for additional psychiatrists to be of critical state concern and recommends the establishment of an additional psychiatry program to be offered by one of Florida’s schools of medicine currently not offering psychiatry. The program shall seek to integrate primary care and psychiatry and other evolving models of care for persons with mental health and substance use disorders. Additionally, the Legislature finds that the use of telemedicine for patient evaluation, case management, and ongoing care will improve management of patient care and reduce costs of transportation.

History.—s. 2, ch. 71-131; s. 198, ch. 77-147; s. 1, ch. 79-298; s. 4, ch. 82-212; s. 2, ch. 84-285; s. 10, ch. 85-54; s. 1, ch. 91-249; s. 1, ch. 96-169; s. 96, ch. 99-8; s. 36, ch. 2006-227; s. 77, ch. 2014-19; s. 1, ch. 2016-231; s. 4, ch. 2016-241.

F.S. 394.453 on Google Scholar

F.S. 394.453 on Casetext

Amendments to 394.453

Arrestable Offenses / Crimes under Fla. Stat. 394.453

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.453.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DOE, v. STATE C. Y. v. H. H. v. E. P. v. R. C. v. J. G. v. R. D. v. M. R. v. M. R. v. K. M. v. J. M. v. C. W. v. G. P. v. A. P. v. A. B. v., 210 So. 3d 154 (Fla. Dist. Ct. App. 2016)

. . . . § 394.453(l)(a), (b). . . .

LUKEHART, v. STATE v. G., 70 So. 3d 503 (Fla. 2011)

. . . A review of section 394.453, Florida Statutes (1995), reveals that the legislature did not express a . . . Section 394.453 defines the legislative intent of the statute and provides: (l)(a) It is the intent of . . . Nothing in this act shall be construed to affect any policies relating to admission to hospital staff. § 394.453 . . . postconviction court correctly found that the exclusionary rule is not a remedy for a violation of section 394.453 . . .

W. M. v. STATE, 992 So. 2d 383 (Fla. Dist. Ct. App. 2008)

. . . .” § 394.453, Fla. Stat. . . . up to six months but contemplating administrative hearings for continued, long-term treatment). . § 394.453 . . .

SANCHEZ, v. STATE, 949 So. 2d 1059 (Fla. Dist. Ct. App. 2007)

. . . have not been charged with a crime, but are simply potentially harmful to themselves or others, see § 394.453 . . .

STATE v. ROBERSON,, 884 So. 2d 976 (Fla. Dist. Ct. App. 2004)

. . . See § 394.453, Fla. Stat. (2003). . . .

WESTERHEIDE, v. STATE, 831 So. 2d 93 (Fla. 2002)

. . . . § 394.453. . . .

HARRIS, v. BUSH,, 106 F. Supp. 2d 1272 (N.D. Fla. 2000)

. . . . §§ 394.453, .457(2)-(6), .4572, .4574(2), .459(5)® & (9), .461, .462(3), .4674, .4781 (West 1998 & . . .

TRIBUNE COMPANY, v. In D. M. L., 566 So. 2d 1333 (Fla. Dist. Ct. App. 1990)

. . . Section 394.453(l)(a), Florida Statutes (1987), provides in part that it is the legislature’s intention . . .

A. McCALL W. C. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 536 So. 2d 1098 (Fla. Dist. Ct. App. 1988)

. . . use the least restrictive means of intervention in caring for patients, in accordance with section 394.453 . . .

K. PADDOCK, v. CHACKO, M. D., 522 So. 2d 410 (Fla. Dist. Ct. App. 1988)

. . . See § 394.453(l)(a), Fla.Stat. (1985). . “Incidit in Scyllam qui vult vitare Charybdim.” . . .

LeSAVAGE v. WHITE E. LeSAVAGE, v. CARPENTER,, 755 F.2d 814 (11th Cir. 1985)

. . . . §§ 394.453-.4785 (1984) provides in relevant part: 394.463 Involuntary examination. (1) Criteria. — . . .

MADDEN, v. STATE, 463 So. 2d 270 (Fla. Dist. Ct. App. 1984)

. . . insufficient evidence to support the involuntary commitment order; (2) the trial court, contrary to sections 394.453 . . .

C. N. v. STATE, 433 So. 2d 661 (Fla. Dist. Ct. App. 1983)

. . . meets a criteria for involuntary hospitalization, but also finds at the same time that under Section 394.453 . . .

BELLAVANCE, a v. STATE d b a, 390 So. 2d 422 (Fla. Dist. Ct. App. 1980)

. . . Sections 394.453 and 394.459(2)(b), Florida Statutes. . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. FLORIDA PSYCHIATRIC SOCIETY, INC. L. M. D., 382 So. 2d 1280 (Fla. Dist. Ct. App. 1980)

. . . We next consider Section 394.453, Florida Statutes (1977), the “legislative intent” portion of the Baker . . .

In HOLLAND, 356 So. 2d 1311 (Fla. Dist. Ct. App. 1978)

. . . subsequent to a final order of commitment runs counter to the purpose of the Baker Act as stated in Section 394.453 . . .

In BEVERLY, 342 So. 2d 481 (Fla. 1977)

. . . Section 394.453, Florida Statutes (1973), provides that involuntary hospitalization is to be ordered . . .

LOUCKS, D. a v. C. H. ADAIR, M. D. G., 312 So. 2d 531 (Fla. Dist. Ct. App. 1975)

. . . This is part of the leglisative intent, as expressed in F.S. 394.453, ‘that individual dignity and human . . .