CopyCited 151 times | Published | Supreme Court of Florida | 2002 WL 31319386
...riate for these individuals. In contrast, involuntary commitment under the Baker Act is intended to provide "intensive short-term ... treatment" to persons with serious mental disorders and return them "to the community as soon as possible." See id. § 394.453....
CopyCited 67 times | Published | Supreme Court of Florida | 97 A.L.R. 3d 767
...ally ill person. The court did hold that a state cannot constitutionally confine without more a non-dangerous individual who is capable of surviving safely in freedom by himself or with the help of willing and responsible family members and friends. Section 394.453, Florida Statutes (1973), provides that involuntary hospitalization is to be ordered only when it is determined to be necessary....
CopyCited 31 times | Published | Supreme Court of Florida | 2011 WL 2472801
...appeal. See Fotopoulos v. State,
838 So.2d 1122, 1130-31 (Fla.2002); Engle v. Dugger,
576 So.2d 696 (Fla.1991) (a court will not label counsel ineffective for failing to raise meritless claims); Card v. State,
497 So.2d 1169 (Fla.1986). A review of section
394.453, Florida Statutes (1995), reveals that the legislature did not express a clear and unequivocal intent to permit suppression of evidence for a violation of the Baker Act. Section
394.453 defines the legislative intent of the statute and provides: (1)(a) It is the intent of the Legislature to authorize and direct the Department of Health and Rehabilitative Services to evaluate, research, plan, and recommend to the Gove...
...a community mental health *520 center or clinic in cases in which the public receiving facility is not a community mental health center or clinic. Nothing in this act shall be construed to affect any policies relating to admission to hospital staff. § 394.453, Fla....
...ocal intent that the exclusionary rule operate to suppress any evidence obtained during a violation of the Baker Act. As a result, it appears that the postconviction court correctly found that the exclusionary rule is not a remedy for a violation of section 394.453 unless a constitutional violation has also occurred....
CopyCited 22 times | Published | Florida 5th District Court of Appeal | 1988 WL 10830
...No expert testified that the plaintiff should have been involuntarily placed in a treatment facility. [6] The Florida Legislature has expressed a public policy of employing the least restrictive means of intervention in the provision of mental health care. See § 394.453(1)(a), Fla....
CopyCited 14 times | Published | Florida 1st District Court of Appeal
...and completely exceeded" (Rule 10D-73.022(b)(3)). Since facilities for treatment of the acutely ill are not authorized under Chapter 400, the proposed licensure and regulation of the new facilities is not authorized by that Chapter. We next consider Section 394.453, Florida Statutes (1977), the "legislative intent" portion of the Baker Act, which contains the following provision: "......
...ties proposed by Rule 10D-73. [4] Rule 10D-73 refers to rule-making authority of the Department under Sections 381.031(1)(g)11,
394.457(5),
394.78(1), (2)(b),
400.23(2), and
893.01, Florida Statutes (1977); and as the laws being implemented Sections
394.453,
394.455(8), (10),
394.457(2),
394.66(1), (2), (3), (4),
394.78(2)(a),
400.011, 400.041(3),
400.062(1), (2), (3), (5), (6),
400.141,
400.141(2),
400.23(1), (2)(a), (b), (c) and (d), Florida Statutes (1977)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...These rights are directed toward safeguarding for the patient a maintenance for him of the same measure of dignity, respect, attention, service and privileges as would accrue to any patient who was afflicted with other than a mental illness. This is part of the leglisative intent, as expressed in F.S. 394.453, `that individual dignity and human rights be guaranteed to all persons admitted to mental health facilities'....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 2071196
...RECORDS OF BAKER ACT PROCEEDINGS. Part I of chapter 394, Florida Statutes (2003), the Baker Act, describes the procedures prescribed by the legislature for the involuntary evaluation or commitment of persons suffering from mental, emotional and behavioral disorders. See § 394.453, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...The question presented is whether a court, after having determined in a Baker Act proceeding, pursuant to Section
394.467, Florida Statutes (1981), that a subject meets a criteria for involuntary hospitalization, but also finds at the same time that under Section
394.453 the less restrictive means of outpatient care will suffice, may subsequently revoke the outpatient care and order the subject to confinement on a motion for contempt which alleges noncompliance with the outpatient treatment plan....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1990 WL 126201
...Closure of such proceedings or records should only occur in limited circumstances, for example, when, as in this case, it is necessary to comply with established public policy set forth by the legislature and to avoid substantial injury to D.M.L. See Barron. Section 394.453(1)(a), Florida Statutes (1987), provides in part that it is the legislature's intention [T]hat any involuntary treatment or examination be accomplished in a setting which is appropriate, most likely to facilitate proper care and treat...
CopyPublished | Florida 2nd District Court of Appeal
mental health care, services, and treatment. §
394.453(l)(a), (b). As part of the process, individuals
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 4525772
...Ultimately, a short-term three week initial hospitalization period could never be ordered as a practical matter. Such a result clearly conflicts with the stated "intent of the Legislature that the least restrictive means of intervention be employed based on the individual needs of each person." § 394.453, Fla....
...See, e.g., §
945.43, Fla. Stat. and §
945.45, Fla. Stat. (effective October 1, 2008) (authorizing courts to admit prison inmates to mental health treatment for periods up to six months but contemplating administrative hearings for continued, long-term treatment). [3] §
394.453, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 15416
...Ultimately, a short-term three week initial hospitalization period could never be ordered as a practical matter. Such a result clearly conflicts with the stated “intent of the Legislature that the least restrictive means of intervention be employed based on the individual needs of each person.” § 394.453, Fla....
...See, e.g., §
945.43, Fla. Stat. and §
945.45, Fla. Stat. (effective October 1, 2008) (authorizing courts to admit prison inmates to mental health treatment for periods up to six months but contemplating administrative hearings for continued, long-term treatment). . §
394.453, Fla....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
mental, emotional, and behavioral disorders.4 Section
394.453, Florida Statutes, directs the Department of
CopyPublished | Florida 1st District Court of Appeal | 1988 WL 124700
...In support of its motion for summary judgment, appellee asserted that sovereign immunity attached because the hospital had complied with the legislative directive to use the least restrictive means of intervention in caring for patients, in accordance with section 394.453, Florida Statutes, and that its decisions with respect to staffing, classification and segregation are purely discretionary....
CopyPublished | Florida 3rd District Court of Appeal
...pending and subsequent to a hospitalization commitment. To allow a patient to remain at liberty prior to a hearing on involuntary hospitalization or subsequent to a final order of commitment runs counter to the purpose of the Baker Act as stated in Section 394.453, Florida Statutes (1975), which is to treat the mentally ill and to do so on a compulsory basis when the patient represents a threat to himself or society....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19767
...The question presented is whether a court, after having determined in a Baker Act proceeding, pursuant to Section
394.467, Florida Statutes (1981), that a subject meets a criteria for involuntary hospitalization, but also finds at the same time that under Section
394.453 the less restrictive means of outpatient care will suffice, may subsequently revoke the outpatient care and order the subject to confinement on a motion for contempt which alleges noncompliance with the outpatient treatment plan....
CopyPublished | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 51, 2007 WL 5784
...l differences between the versions of the rule in effect at those times and the current rule. . Although most Baker Act cases involve individuals who have not been charged with a crime, but are simply potentially harmful to themselves or others, see § 394.453, Fla....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
...nt. However, a county may be liable for such payments in the event a person in the county is arrested for a felony involving violence against another person, is taken to a receiving facility and specified sources for reimbursement are not available. Section 394.453 , F.S., directs the Department of Health and Rehabilitative Services (HRS) to implement and administer mental health programs authorized and approved by the Legislature....
...However, a county may be liable for such payments in the event a person in the county is arrested for a felony involving violence against another person, is taken to a receiving facility and specified sources for reimbursement are not available. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section 394.453 (1)(a), F.S....
