(1) ADMINISTRATION.—The Department of Children and Families is designated the “Mental Health Authority” of Florida. The department and the Agency for Health Care Administration shall exercise executive and administrative supervision over all mental health facilities, programs, and services.
(2) RESPONSIBILITIES OF THE DEPARTMENT.—The department is responsible for:
(a) The planning, evaluation, and implementation of a complete and comprehensive statewide program of mental health, including community services, receiving and treatment facilities, child services, research, and training as authorized and approved by the Legislature, based on the annual program budget of the department. The department is also responsible for the coordination of efforts with other departments and divisions of the state government, county and municipal governments, and private agencies concerned with and providing mental health services. It is responsible for establishing standards, providing technical assistance, and exercising supervision of mental health programs of, and the treatment of patients at, community facilities, other facilities for persons who have a mental illness, and any agency or facility providing services to patients pursuant to this part.
(b)1. Informing individuals and organizations involved in implementing this part, including, but not limited to, law enforcement officers, qualified professionals, and service providers, of the provisions of this part; the policies and procedures related to its effective implementation; their roles and responsibilities; and any other information necessary for its effective implementation. The department shall maintain:
a. An information handbook, which must be published and updated on the department’s website annually by October 1.
b. A repository of answers to frequently asked questions, which must be published on the department’s website and continually revised and expanded as necessary.
2. Supporting and facilitating research by public and private agencies, institutions of higher learning, and hospitals in the interest of the elimination and amelioration of mental illness.
(3) POWER TO CONTRACT.—The department may contract to provide, and be provided with, services and facilities in order to carry out its responsibilities under this part with the following agencies: public and private hospitals; receiving and treatment facilities; clinics; laboratories; departments, divisions, and other units of state government; the state colleges and universities; the community colleges; private colleges and universities; counties, municipalities, and any other governmental unit, including facilities of the United States Government; and any other public or private entity which provides or needs facilities or services. The department shall require any provider directly under contract with the department to use, at a minimum, the most recent version of the Daily Living Activities-20 (DLA-20) functional assessment tool for any patient requiring functional assessment, unless the department specifies in rule the use of a different assessment tool. Baker Act funds for community inpatient, crisis stabilization, short-term residential treatment, and screening services must be allocated to each county pursuant to the department’s funding allocation methodology. Notwithstanding s. 287.057(3)(e), contracts for community-based Baker Act services for inpatient, crisis stabilization, short-term residential treatment, and screening provided under this part, other than those with other units of government, to be provided for the department must be awarded using competitive sealed bids if the county commission of the county receiving the services makes a request to the department’s district office by January 15 of the contracting year. The district may not enter into a competitively bid contract under this provision if such action will result in increases of state or local expenditures for Baker Act services within the district. Contracts for these Baker Act services using competitive sealed bids are effective for 3 years. The department shall adopt rules establishing minimum standards for such contracted services and facilities and shall make periodic audits and inspections to assure that the contracted services are provided and meet the standards of the department.
(4) APPLICATION FOR AND ACCEPTANCE OF GIFTS AND GRANTS.—The department may apply for and accept any funds, grants, gifts, or services made available to it by any agency or department of the Federal Government or any other public or private agency or individual in aid of mental health programs. All such moneys shall be deposited in the State Treasury and shall be disbursed as provided by law.
(5) RULES.—
(a) The department shall adopt rules establishing forms and procedures relating to the rights and privileges of patients seeking mental health treatment from facilities under this part.
(b) The department shall adopt rules necessary for the implementation and administration of the provisions of this part, and a program subject to the provisions of this part shall not be permitted to operate unless rules designed to ensure the protection of the health, safety, and welfare of the patients treated through such program have been adopted. Rules adopted under this subsection must include provisions governing the use of restraint and seclusion which are consistent with recognized best practices and professional judgment; prohibit inherently dangerous restraint or seclusion procedures; establish limitations on the use and duration of restraint and seclusion; establish measures to ensure the safety of program participants and staff during an incident of restraint or seclusion; establish procedures for staff to follow before, during, and after incidents of restraint or seclusion; establish professional qualifications of and training for staff who may order or be engaged in the use of restraint or seclusion; and establish mandatory reporting, data collection, and data dissemination procedures and requirements. Rules adopted under this subsection must require that each instance of the use of restraint or seclusion be documented in the record of the patient.
(c) The department shall adopt rules establishing minimum standards for services provided by a mental health overlay program or a mobile crisis response service. Minimum standards for a mobile crisis response service must:
1. Include the requirements of the child, adolescent, and young adult mobile response teams established under s. 394.495(7) and ensure coverage of all counties by these specified teams;
2. Specify any training or other requirements applicable to a mobile crisis response service available to persons age 65 and over to enable the service to meet the specialized needs of such persons; and
3. Create a structure for general mobile response teams which focuses on crisis diversion and the reduction of involuntary commitment under this chapter. The structure must require, but need not be limited to, the following:
a. Triage and rapid crisis intervention within 60 minutes;
b. Provision of and referral to evidence-based services that are responsive to the needs of the individual and the individual’s family;
c. Screening, assessment, early identification, and care coordination; and
d. Confirmation that the individual who received the mobile crisis response was connected to a service provider and prescribed medications, if needed.
(6) PERSONNEL.—
(a) The department shall, by rule, establish minimum standards of education and experience for professional and technical personnel employed in mental health programs, including members of a mobile crisis response service.
(b) The department shall design and distribute appropriate materials for the orientation and training of persons actively engaged in implementing the provisions of this part relating to the involuntary examination and placement of persons who are believed to have a mental illness.
(7) PAYMENT FOR CARE OF PATIENTS.—Fees and fee collections for patients in state-owned, state-operated, or state-supported treatment facilities shall be according to s. 402.33.
Cited 93 times | Published | Supreme Court of Florida | 1992 WL 4452
...al legal consequences that affect the rights of a party flow from the issue to be determined. See Keezel v. State, 358 So.2d 247 (Fla. 4th DCA 1978). Here, we address the issue of collateral legal consequences flowing from an involuntary commitment. Section 394.457(8), *213 Florida Statutes (1989), states that "[f]ees and fee collections for patients in treatment facilities shall be according to s....
Cited 29 times | Published | Supreme Court of Florida
...l by the State would: "(a) Significantly impair the committed use of the hospital, reduce its operation as a treatment facility and cause it to be downgraded in its status as a State Hospital on the level of other treatment facilities set forth in F.S. 394.457(8), thus violating this section of the Baker Act....
...r order of arrangement prevails. "In applying these rules of construction, it is impossible for this Court to reconcile the provisions regarding the conversion of G. Pierce Wood Memorial Hospital in F.S. 945.025(3) with the provisions set forth in F.S. 394.457(8) and F.S....
...Each patient shall receive such medical, vocational, social, educational, and rehabilitative services as his condition requires to bring about an early return to his community. In order to achieve this goal the department is directed to coordinate the programs of the division with all other divisions of the department." Section 394.457(8), Florida Statutes, provides: "( 8 ) Designation of treatment facilities....
...Pepper, 66 So.2d 280 (Fla. 1953); State v. Barquet, 262 So.2d 431 (Fla. 1972). By the judgment below, the trial judge effectually substituted her social beliefs in place of legislative judgment. Although we find no inconsistency between the Act in question and Sections 394.457(8) and 394.459, Florida Statutes, we restate the fundamental rule of statutory construction which would be applicable here were the statutes inconsistent, that the last expression of legislative will prevails....
...Albury, 291 So.2d 82, Fla.App., affirmed, 295 So.2d 297 (Fla. 1974); Johnson v. State, 157 Fla. 685, 27 So.2d 276 (1946). Accordingly, we find that Section 945.025(3), Florida Statutes, is constitutional and as the last expression of the Legislature's will prevails over Sections 394.457(8) and 394.459, Florida Statutes....
Cited 28 times | Published | Supreme Court of Florida
...An order of commitment for continued involuntary hospitalization was entered as to each petitioner. Pursuant to the public defender's request, the hearing officer ordered a court reporter to transcribe the testimony taken at the hearings. As provided by Section 394.457(6)(d), Florida Statutes (1975), appeals were taken to the Circuit Court for Gadsden County, Florida, raising the issue of the sufficiency of the evidence to warrant continued hospitalization....
...In addition, maintains respondent, legislative appropriations are provided for these expenses by Section 27.51(4)(e), Florida Statutes (1975). [2] We do not agree with petitioners' proposition that Florida Appellate Rule 6.8 addresses indigents seeking appellate review under Section 394.457(6)(d), Florida Statutes (1975), of an order requiring continued involuntary hospitalization....
...However, we conclude that, for the reason that Florida Appellate Rule 6.8 requires counties to pay the cost of appellate transcripts for criminal defendants, counties in which involuntary commitment proceedings are held must also bear the cost of an indigent's transcript when an appeal is taken pursuant to Section 394.457(6)(d)....
Cited 14 times | Published | Florida 1st District Court of Appeal
...but only those powers specifically granted by statute. St. Regis Paper Company v. State, 237 So.2d 797 (Fla. 1st DCA 1970), affirmed 257 So.2d 253 (Fla. 1971). We cannot agree with the Department's position that the power to "designate" facilities (Section 394.457, Florida Statutes (1977)), is the power to "license"....
...ated by the Department to receive patients under emergency conditions and to provide short-term treatment. Section 394.455(10), Florida Statutes (1977). The Department's power to designate such facilities is clearly provided by statute. See Sections 394.457(8) and .461(2)....
...[3] Proposed Rule 10E-412(8)(b)(4) expands an existing rule relating to Baker Act funding by establishing the fiscal management and funding process for the two alternative facilities 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). Rule 10E-4.12(8)(b)4 refers to rule-making authority under Sections 394.457(5), 394.78(1), (2)(b), and 381.031(1)(g)11, Florida Statutes (1977); and as the laws being implemented, Sections 394.66(1), (2), and 394.457(1), (2), Florida Statutes (1977)....
Cited 8 times | Published | Supreme Court of Florida
...When the hospital desired to continue the petitioners' involuntary hospitalization beyond the initial six-month commitment authorized by section 394.467(3), each petitioner was granted a hearing before a hearing officer for the Department of Administration, as provided by section 394.467(4)(a). Section 394.457(6)(d) provides for appellate review of an order requiring continued involuntary hospitalization....
...This Court concluded that in order for the review accorded to indigents to be commensurate with that accorded to nonindigents, the counties in which involuntary commitment proceedings are held must bear the cost of an indigent's transcript when an appeal is taken pursuant to section 394.457(6)(d)....
Cited 4 times | Published | District Court, M.D. Florida
...Florida statutory law provides a procedure by which HRS can continue to fulfill its duties even though it lacks adequate bed space in state institutions. In fact, it is precisely the same procedure that HRS has forced the City Defendants to undertake. Florida Statutes § 916.18(2), (3) and § 394.457(3) authorize HRS to enter into contracts for services and facilities necessary to enable HRS to carry out its statutory responsibilities....
Cited 4 times | Published | Florida 1st District Court of Appeal | 1988 WL 107406
...ceeding to determine his eligibility for continued employment is entitled to the protection of this act, and affirm. This action originated in December 1986, when officials of Florida State Hospital determined that, by reason of the proscriptions in section 394.457(6), Florida Statutes (1987), Thompson was ineligible for continued employment in the position of Unit Treatment and Rehabilitation Director of Unit 27 of the Florida State Hospital because of his 1974 conviction for possession of cocaine....
Cited 4 times | Published | Florida 1st District Court of Appeal
...Unless waived, these hearings are held pursuant to Florida Statutes § 120.57(1). The hearings are conducted by hearing officers assigned by the Division of Administrative Hearings, and their orders are final orders subject to appellate review in this court, id. § 394.457(6)....
...as the "Mental Health Authority" of Florida and charges the Department and the Agency for Health Care Administration ("Agency") with "executive and administrative supervision over all mental health facilities, programs, and services." FLA.STAT.ANN. § 394.457(1) (West Supp.2000)....
...exercising supervision of mental health programs of, and the treatment of patients at, community facilities, other facilities for persons who have a mental illness, and any agency or facility providing services to patients pursuant to this part. Id. § 394.457(2)(a)....
Cited 3 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3499149
...d Family Services is designated the "Mental Health Authority" of Florida. The department and the Agency for Health Care Administration shall exercise executive and administrative supervision over all mental health facilities, programs, and services. § 394.457(1), Fla....
Cited 2 times | Published | Florida 4th District Court of Appeal | 1989 WL 137618
...There is no question that here, unlike the Florida Export Tobacco case, there is an explicit legislative direction that the administrative agency exercise its quasi-judicial jurisdiction in cases regarding continuation of involuntary commitment. Accordingly, hearing officers assigned pursuant to section 394.457(7), Florida Statutes (1987), have concurrent jurisdiction with the circuit court to conduct hearings on petitions for continuation of involuntary hospitalization....
Cited 2 times | Published | Florida 1st District Court of Appeal | 1988 WL 43412
...See Westlake v. State, 440 So.2d 74 (Fla. 5th DCA 1983). Our show cause order to counsel for appellant resulted in evidence that appellant remains involuntarily hospitalized pursuant to an order of continued involuntary placement, also an appealable order. § 394.457(7), Fla....
...Department. The circuit judge acted well within his powers. Accordingly, the judgment appealed from should be, and it is hereby, affirmed. BOARDMAN, J., and FERRIS, JOHN G., Associate Judge, concur. . See, § 394.22(13), F.S.1967, now, essentially, § 394.457(7), F.S.1973, F.S.A....
...prior orders for continued involuntary placement refer to different purported initial commitment orders, and (2) in June 1979 a request for continued involuntary placement had been filed one day after the expiration of the time period required under section 394.457(9)....
...Section 394.76 (3)(b), Florida Statutes, requires local participation on a 75-to-25 percent state-to-local ratio of funding for all contracted community alcohol and mental health services, except those programs specifically identified in the statute and those specified in section 394.457 (3), Florida Statutes....
...d funds received from community drives or any other sources." 2 Generally, with enumerated exceptions that do not require local match funds, 3 "[a]ll other contracted community alcohol and mental health services and programs, except as identified in s. 394.457 (3), 4 shall require local participation on a 75-to-25 state-to-local ratio." 5 Thus, the plain language of the statute mandates that state funds appropriated for community alcohol and mental health services shall be matched by local gover...
...Funds for children's services which were provided through the Children, Youth, and Families Services budget which did not require local match prior to being transferred to the Substance Abuse and Mental Health Services budget shall be exempt from local matching requirements. . . ." 4 Section 394.457 (3), Fla....
...Natural Resources may employ counsel with the advice and consent of Legal Affairs. Section 377.34 — Division of Interior Resources, Department of Natural Resources — Legal Affairs or the division through its own counsel can bring action. Section 394.457 (7) — Division of Mental Health — Legal Affairs may represent the division to recover fees for care and maintenance....
...sted 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. 2 Id. 3 Section 394.457 (2), F.S. 4 See, s. 394.457 (3), F.S. 5 See, ss. 394.463 (1) and (2), F.S. (1992 Supp.). 6 Section 394.455 (8), F.S. (1992 Supp.). 7 Section 394.459 (2), F.S. 8 See, s. 394.457 (8), F.S....
...STEPHEN WILLIAM GERRY.” An administrator of a state mental hospital acts under the authority of the DHRS, a department of the executive branch. The DHRS is solely responsible for supervising state mental health facilities, programs, and services. Section 394.457(1), Fla.Stat....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
