CopyCited 151 times | Published | Supreme Court of Florida | 2002 WL 31319386
...natives to total confinement and the Baker Act's policy that the least restrictive appropriate treatment be utilized. Compare §
394.911, Fla. Stat. (2001) ("Less restrictive alternatives are not applicable to cases initiated under this part.") with §
394.459(2)(b), Fla....
CopyCited 102 times | Published | Supreme Court of Florida
...reasonable ground to believe that the defendant is insane, the Court shall immediately fix a time for a hearing to determine the defendant's mental condition. The defendant shall designate his attorney to serve as his representative under Fla. Stat. § 394.459(11), F.S.A., in the event the defendant is found mentally incompetent....
CopyCited 74 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 3530, 1988 WL 12728
...Sovereign immunity will pose no obstacle; Florida has partially waived its sovereign immunity in its own courts. See Fla.Stat. Sec.
768.28 (1981). 6 With respect to his claims against the Florida State Hospital (FSH) employees, Burch also has available to him state remedies adequate to provide the process due. Fla.Stat. Sec.
394.459(13) (1981) provides that "[a]ny person who violates ......
...law might stumble into random, unauthorized errors in their attempts to comply with the state mandated procedures. That may be why the state provides for state court, state law, tort recoveries for violations of its mental health act. Fla.Stat. Sec. 394.459(13) (1981)....
CopyCited 41 times | Published | Florida 1st District Court of Appeal | 1991 WL 146668
...ty with respect to investigation of an employee's criminal records. [9] We further find appellant's contention that the hospital records pertaining to Turner's psychiatric illness were inadmissible is without merit. Appellant bases its argument upon Section 394.459, Florida Statutes (1985), to the effect that psychiatric and psychological records are confidential and may not be disclosed without a waiver from the patient....
CopyCited 29 times | Published | Supreme Court of Florida
...r treatment facilities set forth in F.S.
394.457(8), thus violating this section of the Baker Act. "(b) Result in a lack of respect for the individual dignity to which the mental patients of G. Pierce Memorial Hospital are entitled, thus violating F.S.
394.459 of the Baker Act." The trial court determined that the latter portion of Section
945.025(3), Florida Statutes, relating to the conversion of G....
...nt 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.
394.459....
...Any community residential facility may be deemed a part of the state correctional system for purposes of maintaining custody of offenders, and for this purpose the [department] may contract for and purchase the services of such facilities." The following statutes are relevant to the disposition of this cause. Section 394.459, Florida Statutes, provides in pertinent part: "( 1 ) Right to individual dignity....
...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....
CopyCited 15 times | Published | Florida 5th District Court of Appeal
...reasonable ground to believe that the defendant is insane, the court shall immediately fix a time for a hearing to determine the defendant's mental condition. The defendant shall designate his attorney to serve as his representative under Fla. Stat. § 394.459(11), F.S.A., in the event the defendant is found mentally incompetent....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 55 U.S.L.W. 2330, 1986 U.S. App. LEXIS 34269
...4 . At the time Burch was confined, Florida provided that any person who violated a right guaranteed to a patient under state law would be liable to the patient, unless the defendant acted in a good faith attempt to comply with the law. See Fla.Stat. § 394.459(13) (1981); see abo infra note 14 and accompanying text....
...Under any reading of § 1983 and Parratt , Burch would lack a federal cause of action against ACMHS if further development of the facts disclosed that the facility was not acting “under color” of state law. He could, of course, sue the clinic in state court under state tort law. 14 . In full, Fla.Stat. § 394.459(13) (1981) provided that: Any person who violates or abuses any rights or privileges of patients provided by this act shall be liable for damages as determined by law....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1990 WL 64151
...ent at the Forensic Service Unit. Twyman was still at large after having escaped, and did not request or authorize the public defenders to make such a motion. The court treated the ore tenus motion as a petition for writ of habeas corpus pursuant to section 394.459(10), Florida Statutes (1989), and granted the motion, and on July 2, 1979, rendered a written order stating that it would inquire into the conditions, staffing patterns, and treatment and care of patients confined in the Forensic Service Unit of SFSH....
...In our view, the above-cited cases are applicable here, and we conclude that the trial court exceeded and is continuing to exceed its jurisdiction by conducting a judicial inquiry into the conditions and quality of treatment at SFSH. Respondents suggest that the trial court had subject matter jurisdiction pursuant to section 394.459(10), Florida Statutes (1989). We disagree. The record reflects that the public defender's ore tenus motion for a judicial inquiry was treated by the court as a petition for writ of habeas corpus pursuant to section 394.459(10). However, subsection (a) of section 394.459(10) clearly did not give the court subject matter jurisdiction, for that section concerns only the legality of a particular patient's detention; and Kathy Twyman, the defendant on whose behalf the public defender made the motion, had...
...arge, so there was no issue as to whether she was being improperly detained. The purpose of a writ of habeas corpus is to inquire into the legality of a prisoner's present detention. McCrae v. Wainwright,
439 So.2d 868 (Fla. 1983). Subsection (b) of section
394.459(10) was also inadequate to give the court subject matter jurisdiction, for that section has been interpreted to require a petition filed by the patient himself, or a petition filed by the patient's guardian or representative, with the patient's authority and consent....
CopyCited 10 times | Published | District Court, N.D. Florida
...ot establish any requirement for exhaustion of administrative remedies before a federal civil rights suit may be brought. Such a civil tort claim, requiring presentation to a state agency as a prerequisite to seeking relief in court, may arise under Section 394.459(1), Florida Statutes (Supp. 1980), which establishes liability for damages against those persons who are found to have violated a patient's rights as delineated in the Florida Mental Health Act, Chapter 394, Part I, Florida Statutes (1979 and Supp. 1980). Section 394.459(13) states: (13) LIABILITY FOR VIOLATIONS....
...ty. However, this section shall not relieve any person from liability if such person is guilty of negligence. Thus, while the failure to satisfy the administrative "exhaustion" requirement of Section
768.28(6) would preclude a civil tort claim under Section
394.459(13) in the state courts as well as a pendent state tort claim in the federal courts, it would not prevent a federal court from entertaining a civil rights suit brought pursuant to 42 U.S.C....
...The Florida Mental Health Act requires that: The department [of Health and Rehabilitative Services] shall adopt rules providing a procedure for reporting abuse. Facility *1324 staff shall be required, as a condition of employment, to be familiar with the procedures for reporting of abuse. Fla.Stat. § 394.459(5)(f) (Supp....
...lement the Mental Health Act. Fla.Admin.Code Ch. 10E-5. The rules provide a procedure for patients to report and voice their claims of violation of their rights specified in Chapter 394, Florida Statutes. As noted previously in Section I. A., supra, Section 394.459, Florida Statutes (Supp.1980), declares the rights of patients including: No person who is receiving treatment for mental illness in a facility shall be deprived of any constitutional rights. Id. at § 394.459(1)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2000 WL 158512
...r failure to state a cause of action. We agree with both arguments and reverse. Appellant filed a civil rights action under 42 U.S.C. § 1983 seeking declaratory and injunctive relief, and a petition for writ of habeas corpus under the provisions of section
394.459(8)(b), Florida Statutes. Sections
26.012(2)(b) and
394.459(8)(b), Florida Statutes (1996), grant the trial court jurisdiction to hear Appellant's claims....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 7 Media L. Rep. (BNA) 1956
...ublic access to tapes of testimony presented during a criminal pretrial competency hearing conducted by the court. We agree that the trial court committed error when it decided that the classification of doctors' reports as confidential contained in section 394.459(9), Florida Statutes (1979), the "Florida Mental Health Act", also known as the "Baker Act", applies in criminal proceedings to review a defendant's ability to stand trial....
...His sanity at the time of the offense was not in issue. The purpose of the doctors' testimony was to explain conclusions contained in their written reports to the court. The court maintained that medical reports and related testimony were confidential under section 394.459(9), Florida Statutes (1979)....
...cy proceedings. "Mentally Deficient and Mentally Ill Defendants", under section 916.18, Florida Statutes (Supp. 1980) involuntarily hospitalized under the rules of criminal procedure, are furnished the protections contained in Part I of chapter 394. Section 394.459, Florida Statutes (1979) provides: (9) CLINICAL RECORD; CONFIDENTIALITY....
...Clinical records include "all parts of the record required to be maintained and includes all medical records, progress notes, charts, admission and discharge data, and all other information recorded by a facility which pertains to the patient's hospitalization and treatment." §
394.455(21), Fla. Stat. (1979). Although section
394.459 declares as state policy that "the individual dignity of the patient shall be respected ......
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...pe from other mental institutions having at such times inflicted serious bodily injury upon himself. The trial court, in a thorough and well-reasoned order, concluded that sovereign immunity barred the action and that such immunity was not waived by § 394.459(13), Florida Statutes....
...The defendants here are not engaged in purely proprietary functions but are primarily performing duties pursuant to the police powers of the state to protect public health and safety." The trial judge next commented on appellant's contention that in § 394.459(13), Florida Statutes, the legislature has created a new cause of action in favor of mental patients in state hospitals in the Baker Act....
...Its purpose is to protect those who act in good faith in compliance with the law even though they would otherwise be liable under existing court decisions. It refers to the violation or abuse of any rights or privileges of patients `provided by this act'. Such rights are set forth in F.S. 394.459 as (1) right to individual dignity; (2) right to treatment regardless of ability to pay; (3) right to informed patient consent for certain surgical or electroconvulsive treatments; (4) right to suitable treatment administered skillfully, s...
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...reasonable ground to believe that the defendant is insane, the court shall immediately fix a time for a hearing to determine the defendant's mental condition. The defendant shall designate his attorney to serve as his representative under Fla. Stat. § 394.459(11), F.S.A., in the event the defendant is found mentally incompetent....
CopyCited 4 times | Published | District Court, M.D. Florida
...Indeed, in light of the overwhelming legal authority to the contrary, it would be somewhat absurd to adopt such a position. Rather, counsel contends that a Florida statutory provision grants HRS 45 days to assume custody of such inmates. Florida Statutes § 394.459(1) (1980 Supp.), captioned "Right to Individual Dignity" contains the following sentence: "In criminal cases, a jail may be used as an emergency facility no longer than 45 days." In the final analysis, HRS' entire argument upon the substantive issue involved herein boils down to a reliance on this one sentence....
...Apparently, HRS interprets this sentence as a legislative stamp of approval upon its routine practice of allowing mental incompetents to languish in county jails, often for periods of weeks, so long as they are removed within 45 days. The Court does not believe the purpose of Section 394.459(1) was to establish a 45-day grace period for the benefit of HRS, applicable to everyday situations....
...The American Heritage Dictionary defines "forthwith" to mean "At once; immediately; without delay." American Heritage Dictionary of the English Language (New College Edition 1976). It is difficult to imagine a word that would more clearly convey the intent of the committing judge. Moreover, even if one assumes that Section 394.459(1) authorizes HRS to keep mentally incompetent inmates housed in county jails for periods of up to 45 days as a routine practice, the statute has been superseded by this Court's order requiring that mental incompetents be removed from the DCJ within 48 hours of the state court order of commitment....
...sponsibility of HRS to hospitalize and treat mental incompetents charged with criminal offenses. The only relevant provision of state law that even arguably grants discretion to HRS in taking physical custody of such persons is the language found in Section 394.459(1) prohibiting use of a jail as an emergency facility for longer than 45 days....
CopyCited 4 times | Published | District Court, N.D. Florida | 2000 U.S. Dist. LEXIS 10969, 2000 WL 1092987
...Claims Against Sheriff Jim Lowman Plaintiff's complaint and the documents attached to it clearly indicate Defendant Lowman, in his official capacity as Sheriff of Escambia County. Florida, is entitled to absolute quasi-judicial immunity. See Roland v. Phillips,
19 F.3d 552, *1276 555-57 (11th Cir.1994); cf. FLA.STAT.ANN. §
394.459(10)....
...[4] As an aside, the Court notes that "[a]ny person who acts in good faith in compliance with the provisions of [the Baker Act] is immune from civil or criminal liability for his or her actions in connection with the admission, diagnosis, treatment, or discharge of a patient to or from a facility." FLA.STAT.ANN. § 394.459(10) (West 1998)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1996 WL 267922
...adequately remedied by appeal. Staman v. Lipman,
641 So.2d 453, 454 (Fla. 1st DCA 1994; see also, Bared & Co., Inc. v. McGuire,
670 So.2d 153 (Fla. 4th DCA 1996); Martin-Johnson,
509 So.2d at 1099. Chapter, 394, Part I, Florida Mental Health Act and section
394.459, Florida Statutes (1993), entitled "Rights of Patients," provides in relevant part: (9) Clinical record; confidentiality.A clinical record for each patient shall be maintained....
...isclosed against the possible harm of disclosure to the person to whom such information pertains. In light of this statute, we find the trial court's order to constitute a departure from the essential requirements of law in two ways. First, although section 394.459(9)(b) permits court-ordered release of confidential patient information, it appears that the trial court, by its order, had contemplated a waiver of confidentiality by the patients involved. However, section 394.459(9) expressly provides that clinical records are confidential and that confidentiality may be waived only by "express and informed consent" of the patient or his or her guardian....
...Given that such "waiver by silence" is contrary to the plain language of the statute, we find it to be a departure from the essential requirements of law. Further, even if the trial court's order is read only as court-ordered release of the confidential information, pursuant to section 394.459(9)(b), we disagree with the trial court's implicit conclusion that respondent's need for the information to be disclosed outweighed the possible harm of disclosure to the patients....
...ncident in redacted form. See Amente. Here, the trial court's order improperly provided that the patients would waive their right to privacy merely by failing to file written objections within a ten-day period, in contravention of the requirement in section 394.459 that waiver of confidentiality be given only by "express and informed consent." Further, to the extent that the order can be considered a court-ordered release authorized by section 394.459(9)(b), we find that respondent's need for disclosure of the patients' identities did not outweigh the patients' rights of privacy and confidentiality....
...l testimony to defendant. In my opinion, the trial court's order is narrowly drawn to maximize protection of the patients' privacy and to balance the need for the information to be disclosed against the possible harm of disclosure as contemplated by section 394.459(9)(b), Florida Statutes (1995). First, the order provides an opportunity for the patients to object to the disclosure. While I agree that this provision does not equate with an express waiver pursuant to section 394.459(9), it does evince the trial court's sensitivity to the confidentiality concerns of the statute....
...Reflecting further sensitivity to the competing demands, the trial court's order limits disclosure to the patients' names and addresses. The order does not provide for any disclosure of the contents of the patients' clinical record, which is the essence of the protection set forth in section 394.459(9)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...The Director of the Division of Administrative Hearings, an executive officer appeals from an order entered by the Circuit Court of Broward County which found certain portions of Chapter 394, Florida Mental Health Act, unconstitutional. The specific portions of the Act found unconstitutional were Sections
394.459(3)(a) and
394.467(4)(h), Florida Statutes (1979)....
...The patients refused to consent to said treatment and the authorities at the hospital sought an order from a hearing officer to the effect that the patients were incompetent to consent to treatment. The particular statutes in question are as follows. Section 394.459, Florida Statutes (1979) provides: (3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 10774, 2016 WL 3745378
...l)(b)2., Fla. Stat. (2014). The Baker Act is replete with directives that a person who is admitted as a patient but not charged with a criminal offense should not be treated as a criminal and “shall not be deprived of any constitutional rights.” § 394.459(1), Fla....
...(2014), Indeed, the Baker Act specifically provides that “[procedures, facilities, vehicles, and restraining devices utilized for criminals or those accused of [a] crime shall not be used in connection with persons who have a mental illness, except for the protection of the patient or others.” § 394.459(1), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2013 Fla. App. LEXIS 464, 2013 WL 132463
...rements did not apply because the claim did not rely on the medical malpractice standard of care. Integrated II,
840 So.2d at 980-81 . 5 Similarly, the Baker Act provides several statutory standards of care applicable to specific patient rights. See §
394.459, Fla....
...5th DCA 1983); Clermont Builders Supply, Inc. v. Gen. Constr. & Design, Inc.,
423 So.2d 518 (Fla. 5th DCA 1982). . The Baker Act provides for involuntary commitment of persons based on mental illness. See Ch. 394, Pt. I, Fla. Stat. (2008). . See §
394.459....
CopyCited 3 times | Published | District Court, S.D. Florida | 2011 WL 7661425, 2011 U.S. Dist. LEXIS 154858
...3.13. The closest analogy at hand is the Third Circuit Court of Appeals’s holding in Loucks v. Adair,
312 So.2d 531 (Fla. 3d DCA 1975). In that case, the court addressed a statute whose right of action is identical to that of §
393.13, Fla. Stat. §
394.459 (13) (2011), dealing with the rights of mental health patients....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1990 WL 126201
...acilities. In order to guarantee a patient his individual dignity and human rights, the act requires, among other things, that a person who has been involuntarily placed in a mental health facility be transported to that facility in an unmarked car, § 394.459(11), have the right to vote, § 394.459(7), be allowed to communicate with persons outside the facility, § 394.459(5), and have the right to receive treatment with full respect for his dignity and personal integrity, § 394.459(4). To further insure that the legislature's intent is carried out, section 394.459(9) provides that a patient's clinical record is confidential and not a public record....
..., or continued hospitalization, must be placed in the patient's clinical record and that record is not a public record and cannot be released, the hearing officer properly complied with the public policy discussed hereinabove and the requirements of section 394.459(9) by closing the hearing which focused on that information....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1989 WL 126666
...The State Attorney and the Public Defender for the Sixth Judicial Circuit and the Department of Health and Rehabilitative Services (HRS) filed in the trial court a petition for writ of habeas corpus on behalf of eleven named patients at Anclote Manor Hospital. The petition, filed pursuant to section 394.459(10), Florida Statutes (1987), alleged that the patients had been unduly restrained while at Anclote and prevented from transferring to other facilities....
...view of the trial court's orders. We have treated the petition as one for certiorari, and for the reasons stated below, grant the petition, quash the trial court's orders, and remand with directions to dismiss the petition for writ of habeas corpus. Section 394.459(10) provides: (a) At any time, and without notice, a person detained by a facility, or a relative, friend, guardian, representative, or attorney on behalf of such person, may petition for a writ of habeas corpus to question the cause...
...ocedure authorized herein is being abused. Upon the filing of such a petition, the circuit court shall have the authority to conduct a judicial inquiry and to issue any appropriate order to correct an abuse of the provisions of this part. Nothing in section 394.459(10) confers standing upon a State Attorney, Public Defender, or HRS to bring a petition for habeas corpus on behalf of a patient....
...15) and (16), Fla. Stat. (1987) (defining the terms "guardian" and "representative"). It is undisputed that none of the patients named in the petition consented to or even knew of this action brought on their behalf. The respondents argue that while section 394.459(10) does not specifically authorize them to bring this habeas corpus petition, they are empowered to do so pursuant to the parens patriae doctrine....
...The respondents' attempted use of this doctrine to bring this action has no foundation. When the legislature, acting pursuant to the state's parens patriae power, adopted Part I of the Florida Mental Health Act, see §§
394.451-394.4785, Fla. Stat. (1987), it did not accord respondents the power to bring this action. See §
394.459(10), Fla....
...Chapter 415 provides for a speedy investigation into such charges, as well as protective services *201 for the alleged victims of any abuse. See §§
415.101-415.113, Fla. Stat. (1987). Accordingly, we hold that respondents, in this case, do not have standing, under section
394.459(10), to bring a petition for writ of habeas corpus on behalf of the named patients....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1989 WL 137618
...Rogers et. al.,
398 So.2d 992 (Fla. 4th DCA 1981). In Bentley, this court condemned the statutory procedure whereby a hearing officer made the initial determination of a person's competency to consent to treatment. After Bentley, the legislature reworded section
394.459, Florida Statutes (1987), by substituting "the court" for "the hearing officer." We agree with the Bentley court that "a determination that a person is incompetent ......
CopyCited 2 times | Published | Florida 5th District Court of Appeal
section
79.01, Florida Statutes (2017), and section
394.459(8), Florida Statutes (2017), alleging that
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...We review the order of the circuit court denying appellant the right to receive a copy of the most recent clinical summary as to his mental condition as prepared by the staff of the Florida State Hospital. He claims entitlement to such record based upon Section 394.459(9), Florida Statutes (1975)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...s, to vote, to be educated if a child, to confidentiality of treatment, to the benefits of habeas corpus and to Statepaid transportation on court order, if necessary for treatment. As originally enacted and at the time these plaintiffs were injured, § 394.459, subsection (12), F.S....
...ction with the admission, diagnosis, treatment, or discharge of a patient to or from a facility. However, this section shall not relieve any person from liability if such person is guilty of negligence." [emphasis added]. ch. 73-133, § 3, Fla.Laws; § 394.459, F.S....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1993 WL 280343
...Cordero,
589 So.2d 961 (Fla. 1st DCA 1991); Hawks v. Walker,
409 So.2d 524 (Fla. 5th DCA 1982). Appellee asserts that appellant may always challenge her continued involuntary placement by a petition for writ of habeas corpus in the circuit court pursuant to section
394.459(10)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 2695893
...except in an emergency". The trial court denied the habeas corpus petition. This appeal timely followed. *141 R.L. argues that she was entitled to receive habeas corpus relief on behalf of herself and other patients similarly situated. We disagree. Section 394.459 of the Florida Statutes (2006) authorizes patients to obtain habeas corpus relief when "the patient is being unjustly denied a right or privilege granted herein or that a procedure authorized herein is being abused." Here, R.L.'s habe...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1995 WL 509240
...onstituted an unlawful regulatory review of Baker Act conditions, we do not agree. Here, the trial court initially had subject matter jurisdiction because the patients were hospitalized when the petitions for habeas corpus were filed. As provided in section 394.459(10), Florida Statutes (1991): (a) At any time, and without notice, a person detained by a facility, or a relative, friend, guardian, representative, or attorney on behalf of such person, may petition for a writ of habeas corpus to que...
...the right to petition for a writ of habeas corpus. (Emphasis added). Further, the scope of the initial petitions, which focused on allegations that the patients had been improperly transported in violation of section
394.463, also was authorized by section
394.459(10): (b) A patient or his guardian or representatives may file a petition in the circuit court in the county where the patient is hospitalized alleging that the patient is being unjustly denied a right or privilege granted herein or that a procedure authorized herein is being abused....
...The orders unquestionably impacted beyond the original patients, but the scope of the orders stem from the provision of the statute which grants the circuit court authority "to issue any appropriate order to correct an abuse of the provisions of this part." § 394.459(10)(b), Fla....
...The trial court did not usurp powers vested in either the legislature or in the Department of Health and Rehabilitative Services because the legislature specifically vested the trial court with the authority to conduct a judicial inquiry when it enacted section
394.459(10). Compare Gerry v. State,
448 So.2d 83 (Fla. 2d DCA 1984). As we made clear in State v. Schreiber,
561 So.2d 1236, 1240 (Fla. 4th DCA 1990), juris. accepted,
573 So.2d 3 (Fla.), review denied,
581 So.2d 1310 (Fla. 1991), section
394.459(10) does not give the trial court a separate grant of jurisdiction to inquire into systemic abuses....
...accepted,
560 So.2d 788 (Fla.), review dismissed,
574 So.2d 143 (Fla. 1990). To permit a judicial inquiry under this section, at a minimum, the patient complaining of "being unjustly denied a right or privilege granted [by the Baker Act] or [complaining] that a procedure authorized herein is being abused," section
394.459(10)(b), Florida Statutes (1993), must have suffered the cited abuse and been hospitalized when the petition was filed....
...behalf and on behalf of "all other people similarly situated," id. at 1237, to request a judicial inquiry into conditions at South Florida Hospital in general. The trial court treated this request as a petition for writ of habeas corpus pursuant to section 394.459(10)....
...The issue of transportation to a receiving facility under chapter 394 satisfies all of these criteria. We also reject the hospital's contention that the special assistant public defender had no standing to file the habeas corpus petitions pursuant to section 394.459(10) because he was neither the patients' guardian nor representative within the meaning of the statute....
...CONCLUSION In conclusion, because in this case the Office of the Public Defender had been appointed to represent the patients who had been committed pursuant to the Baker Act, we do not find that the special assistant public defender unlawfully exceeded his authority by filing the petitions for habeas corpus pursuant to section 394.459(10)....
...addressing areas beyond those abuses raised in the original petitions for habeas corpus. The scope of this additional inquiry cannot be justified as either an administrative order or, under the facts of this case, as a proper judicial inquiry under section 394.459(10)....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
clinical files of patients is disseminated. Section
394.459(9), Florida Statutes, states that the clinical
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
accessibility to patients and their records. Section
394.459(5)(c), Florida Statutes, was amended to specifically
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
patient's hospitalization and treatment." Section
394.459(9), F.S., provides that a clinical record for
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
...alth facility required by law to make the clinical records of an allegedly abused patient available to a department abuse investigator for his examination during the course of an abuse investigation pursuant to s. 827.09(6), F. S.? SUMMARY: Sections 394.459 (9) and 827.09(6), F....
...Even if the private facility in question is deemed to be a `private agency . . . acting on behalf of any public agency [the department]' within the meaning of s.
119.011 (2), these clinical records are made confidential; and their public disclosure or release is prohibited by s.
394.459 (9), F....
...119.07 (3)(a) and are exempted from public inspection and examination as provided for in s.
119.07 (1)(a). The Florida Mental Health Act intends, among other things, that individual dignity and human rights be guaranteed to all persons admitted to public or private mental health facilities. See ss.
394.453 and
394.459 , F....
...Among the rights guaranteed to all patients receiving evaluation and treatment in a public or private mental health facility which renders services pursuant to the provisions of the Mental Health Act are ready access to the means and procedures for reporting alleged abuses. Section 394.459 (5)(e) and (f). Cf . s. 827.09(3)(b), F. S. Section 394.459 (9) provides that a patient's clinical records shall not be public records, and no part of these records may be released except as specifically provided for in that subsection; subsection (9) then specifies that: Unless waived by express and informed consent by the patient or his guardian or attorney, the privileged and confidential status of the clinical record shall not be lost by either authorized or unauthorized disclosure to any person, organization, or agency. Section 394.459 (9)(a), F....
...f a privately owned and operated facility to search any of its books, records, or documents in furtherance of any abuse investigation pursuant to s. 827.09(6). Cf . the language of ss.
458.341 and
465.017 , F. S. No exception having been provided in s.
394.459 (9), F....
...See Williams v. American Surety Company of New York,
99 So.2d 877 , (2 D.C.A. Fla., 1958), and State Road Department v. Levato,
192 So.2d 35 (4 D.C.A. Fla., 1966). See also Dobbs v. Sea Isle Hotel,
56 So.2d 341 (Fla. 1952). Moreover, the exceptions specified in s.
394.459 (9) are to be strictly construed, Farrey v....
...Nourse,
340 So.2d 966 (3 D.C.A. Fla., 1976). Unless the right to an exception is clearly apparent in the statute, no benefits thereunder will be permitted. State v. Nourse, supra . Applying these rules of construction to the exceptions from the prohibitory provisions of s.
394.459 (9), spelled out in paragraphs (a)-(d) thereof, I am constrained to conclude that none of these exceptions are applicable to or permit the inspection and examination of the subject clinical records by the department's abuse investigators f...
CopyPublished | Court of Appeals for the Eleventh Circuit
...an education. Ap-
pellants also alleged instances when the School Board would im-
properly suspend students or institute other formal disciplinary ac-
tions, as well as initiate procedures under the Baker Act, Fla. Stat.
§ 394.459 (2023)....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14378
...Linares only to the extent of the doctor’s privately obtained liability coverage. The trial court dismissed the complaint as to Dr. Linares and the insurance carrier upon a finding of governmental immunity and the case of Loucks v. Adair,
312 So.2d 531 (1st DCA Fla.1973). Plaintiff appeals claiming that Fla.Stat. §
394.459 establishes the doctor’s liability for negligence....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7200
...easonable ground to believe that the defendant is insane, the Court shall immediately fix a time for a hearing to determine the defendant’s mental condition. The defendant shall designate his attorney to serve as his representative under Fla.Stat. § 394.459(11), F.S.A., in the event the defendant is found mentally incompetent....
CopyPublished | Florida 3rd District Court of Appeal
...lorida Statutes, fails to disclose or evince a [l]egislative plan for the stay of the performance or execution of commitment orders under the so-called Baker Act." Although the Baker Act sets out in comprehensive detail the rights of the patients at Section 394.459, Florida Statutes (1975), no mention is made of any right of the patient to bail either before or after the entry of an order of involuntary hospitalization....
...These constitutional safeguards, however, do not contemplate a right to bail in involuntary hospitalization proceedings. In the event that the appellant herein no longer needs treatment in a mental facility, he has a right to petition the circuit court for habeas corpus relief pursuant to Section 394.459(10)....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14383
...rpus to the Circuit Court for Gadsden County. The trial judge denied the petition on the ground that since the petitioner was committed by the Circuit Court of Leon County, jurisdiction did not lie in Gadsden County in the habeas action. We reverse. Section 394.459(10), Florida Statutes (1977), provides that a patient may file a Petition for Writ of Habeas Corpus “in the circuit court in the county where the patient is hospitalized ....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14384
...rpus to the Circuit .Court for Gadsden County. The trial judge denied the petition on the ground that since the petitioner was committed by the Circuit Court of Leon County jurisdiction did not lie in Gadsden County in the habeas action. We reverse. Section 394.459(10), Florida Statutes (1977), provides that a patient may file a Petition for Writ of Habeas Corpus “in the circuit court in the county where the patient is hospitalized ....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 28468
a depressed, bargain price. . Fla.Stat.Ann. §
394.459(13) provides that "[a]ny person who violates or
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
counsel for this purpose." (Emphasis supplied.) Section
394.459(10), F. S. 1971 (now s.
394.459(11), F. S.)
CopyPublished | Florida 5th District Court of Appeal
...Pamela Jo Bondi, Attorney General,
Tallahassee, and Caroline Johnson
Levine, Assistant Attorney General,
Tampa, for Respondent.
PER CURIAM.
Petitioner filed a petition for writ of habeas corpus pursuant to section
79.01,
Florida Statutes (2017), and section
394.459(8), Florida Statutes (2017), alleging that he
was unlawfully detained as the State failed to present substantial, competent evidence to
justify his detention at his Baker Act hearing.1 The State properly conceded error....
CopyPublished | Supreme Court of Florida
...identifies which parties are, or are not, liable “for damages.” See,
e.g., §
83.67(4), Fla. Stat. (2022) (“The landlord is not liable for
- 17 -
damages caused by a United States flag displayed by a tenant.”);
§
394.459(10), Fla....
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
afford the services.' [Letter of inquiry.] Section
394.459(2), F. S., does not expressly or impliedly
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
privately with those outside the facility. Section
394.459, F.S., The Florida Mental Health Act, states
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
representative for the patient or upon court order. Section
394.459 does not prohibit the release of other information
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
personal effects of patients in a facility, section
394.459(6), Florida Statutes, provides in part: "A
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 106, 2005 WL 147589
...asonable ground to believe that the defendant is insane, the court shall immediately fix a time for a hearing to determine the defendant’s mental condition. The defendant shall designate his attorney to serve as his representative under Fla. Stat. § 394.459 (11), F.S.A., in the event the defendant is found mentally incompetent....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
responsibility to represent the state in the hearing. Section
394.459(10), F.S., as amended by Ch. 73-334, Laws of
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
inspection requirements of s.
119.07(1), F.S. Section
394.459(9), F.S., as amended by s. 11, Ch. 90-347,
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11576
...However, the initial order appears to be in the record before us, the correct procedure for continued involuntary placement was followed by appellant, and any questions as to the initial legality of appellant’s detention may be brought by habeas corpus in the circuit court. See § 394.459(10)(b), Fla.Stat....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
...pursuant to the provisions of this act." 6 The policy of this state is that HRS shall not deny treatment for mental illness to any person, nor shall service at a receiving or treatment facility be delayed, based upon a patient's inability to pay. 7 Section 394.459 (2)(a), F.S., recognizes, however, that facilities providing services pursuant to the act, may make every reasonable effort to collect appropriate reimbursement for the cost of providing mental health services to persons able to pay, including from insurance or third-party payments....
...le. 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....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
confidentiality of clinical records of patients. 8 Section
394.459(9)(f), F.S. (1992 Supp.). 9 See, AGO 90-80
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
need of emergency examination and treatment. Section
394.459(11), F.S., as amended by s. 3, Ch. 73-133,
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
privately with persons outside the facility. Section
394.459(5)(d), F. S., authorizes the department to
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 844, 1985 Fla. App. LEXIS 13223
...no authority for the relief sought. While there is no statutory right to ex-pungement of mental health records, the Baker Act does provide for confidentiality of such records, permitting their release under only certain narrowly confined conditions. Section 394.459(9), Florida Statutes....
