Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 394.463 | Lawyer Caselaw & Research
F.S. 394.463 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 394.463

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 394
MENTAL HEALTH
View Entire Chapter
F.S. 394.463
394.463 Involuntary examination.
(1) CRITERIA.A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness and because of his or her mental illness:
(a)1. The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or
2. The person is unable to determine for himself or herself whether examination is necessary; and
(b)1. Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services; or
2. There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.
(2) INVOLUNTARY EXAMINATION.
(a) An involuntary examination may be initiated by any one of the following means:
1. A circuit or county court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination and specifying the findings on which that conclusion is based. The ex parte order for involuntary examination must be based on written or oral sworn testimony that includes specific facts that support the findings. If other less restrictive means are not available, such as voluntary appearance for outpatient evaluation, a law enforcement officer, or other designated agent of the court, shall take the person into custody and deliver him or her to an appropriate, or the nearest, facility within the designated receiving system pursuant to s. 394.462 for involuntary examination. The order of the court shall be made a part of the patient’s clinical record. A fee may not be charged for the filing of an order under this subsection. A facility accepting the patient based on this order must send a copy of the order to the department within 5 working days. The order may be submitted electronically through existing data systems, if available. The order shall be valid only until the person is delivered to the facility or for the period specified in the order itself, whichever comes first. If a time limit is not specified in the order, the order is valid for 7 days after the date that the order was signed.
2. A law enforcement officer shall take a person who appears to meet the criteria for involuntary examination into custody and deliver the person or have him or her delivered to an appropriate, or the nearest, facility within the designated receiving system pursuant to s. 394.462 for examination. A law enforcement officer transporting a person pursuant to this subparagraph shall restrain the person in the least restrictive manner available and appropriate under the circumstances. The officer shall execute a written report detailing the circumstances under which the person was taken into custody, which must be made a part of the patient’s clinical record. The report must include all emergency contact information for the person that is readily accessible to the law enforcement officer, including information available through electronic databases maintained by the Department of Law Enforcement or by the Department of Highway Safety and Motor Vehicles. Such emergency contact information may be used by a receiving facility only for the purpose of informing listed emergency contacts of a patient’s whereabouts pursuant to s. 119.0712(2)(d). Any facility accepting the patient based on this report must send a copy of the report to the department within 5 working days.
3. A physician, a physician assistant, a clinical psychologist, a psychiatric nurse, an advanced practice registered nurse registered under s. 464.0123, a mental health counselor, a marriage and family therapist, or a clinical social worker may execute a certificate stating that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination and stating the observations upon which that conclusion is based. If other less restrictive means, such as voluntary appearance for outpatient evaluation, are not available, a law enforcement officer shall take into custody the person named in the certificate and deliver him or her to the appropriate, or nearest, facility within the designated receiving system pursuant to s. 394.462 for involuntary examination. The law enforcement officer shall execute a written report detailing the circumstances under which the person was taken into custody. The report must include all emergency contact information for the person that is readily accessible to the law enforcement officer, including information available through electronic databases maintained by the Department of Law Enforcement or by the Department of Highway Safety and Motor Vehicles. Such emergency contact information may be used by a receiving facility only for the purpose of informing listed emergency contacts of a patient’s whereabouts pursuant to s. 119.0712(2)(d). The report and certificate shall be made a part of the patient’s clinical record. Any facility accepting the patient based on this certificate must send a copy of the certificate to the department within 5 working days. The document may be submitted electronically through existing data systems, if applicable.

When sending the order, report, or certificate to the department, a facility shall, at a minimum, provide information about which action was taken regarding the patient under paragraph (g), which information shall also be made a part of the patient’s clinical record.

(b) A person may not be removed from any program or residential placement licensed under chapter 400 or chapter 429 and transported to a receiving facility for involuntary examination unless an ex parte order, a professional certificate, or a law enforcement officer’s report is first prepared. If the condition of the person is such that preparation of a law enforcement officer’s report is not practicable before removal, the report shall be completed as soon as possible after removal, but in any case before the person is transported to a receiving facility. A facility admitting a person for involuntary examination who is not accompanied by the required ex parte order, professional certificate, or law enforcement officer’s report shall notify the department of such admission by certified mail or by e-mail, if available, by the next working day. The provisions of this paragraph do not apply when transportation is provided by the patient’s family or guardian.
(c) A law enforcement officer acting in accordance with an ex parte order issued pursuant to this subsection may:
1. Serve and execute such order on any day of the week, at any time of the day or night; and
2. Use such reasonable physical force as is necessary to gain entry to the premises, and any dwellings, buildings, or other structures located on the premises, and take custody of the person who is the subject of the ex parte order. When practicable, a law enforcement officer who has received crisis intervention team (CIT) training shall be assigned to serve and execute the ex parte order.
(d)1. A law enforcement officer taking custody of a person under this subsection may seize and hold a firearm or any ammunition the person possesses at the time of taking him or her into custody if the person poses a potential danger to himself or herself or others and has made a credible threat of violence against another person.
2. If the law enforcement officer takes custody of the person at the person’s residence and the criteria in subparagraph 1. have been met, the law enforcement officer may seek the voluntary surrender of firearms or ammunition kept in the residence which have not already been seized under subparagraph 1. If such firearms or ammunition are not voluntarily surrendered, or if the person has other firearms or ammunition that were not seized or voluntarily surrendered when he or she was taken into custody, a law enforcement officer may petition the appropriate court under s. 790.401 for a risk protection order against the person.
3. Firearms or ammunition seized or voluntarily surrendered under this paragraph must be made available for return no later than 24 hours after the person taken into custody can document that he or she is no longer subject to involuntary examination and has been released or discharged from any inpatient or involuntary outpatient treatment provided or ordered under paragraph (g), unless a risk protection order entered under s. 790.401 directs the law enforcement agency to hold the firearms or ammunition for a longer period or the person is subject to a firearm purchase disability under s. 790.065(2), or a firearm possession and firearm ownership disability under s. 790.064. The process for the actual return of firearms or ammunition seized or voluntarily surrendered under this paragraph may not take longer than 7 days.
4. Law enforcement agencies must develop policies and procedures relating to the seizure, storage, and return of firearms or ammunition held under this paragraph.
(e) The department shall receive and maintain the copies of ex parte orders, involuntary outpatient services orders issued pursuant to s. 394.4655, involuntary inpatient placement orders issued pursuant to s. 394.467, professional certificates, law enforcement officers’ reports, and reports relating to the transportation of patients. These documents shall be considered part of the clinical record, governed by the provisions of s. 394.4615. These documents shall be used to prepare annual reports analyzing the data obtained from these documents, without information identifying patients, and shall provide copies of reports to the department, the President of the Senate, the Speaker of the House of Representatives, and the minority leaders of the Senate and the House of Representatives.
(f) A patient shall be examined by a physician or a clinical psychologist, or by a psychiatric nurse performing within the framework of an established protocol with a psychiatrist at a facility without unnecessary delay to determine if the criteria for involuntary services are met. Emergency treatment may be provided upon the order of a physician if the physician determines that such treatment is necessary for the safety of the patient or others. The patient may not be released by the receiving facility or its contractor without the documented approval of a psychiatrist or a clinical psychologist or, if the receiving facility is owned or operated by a hospital, health system, or nationally accredited community mental health center, the release may also be approved by a psychiatric nurse performing within the framework of an established protocol with a psychiatrist, or an attending emergency department physician with experience in the diagnosis and treatment of mental illness after completion of an involuntary examination pursuant to this subsection. A psychiatric nurse may not approve the release of a patient if the involuntary examination was initiated by a psychiatrist unless the release is approved by the initiating psychiatrist. The release may be approved through telehealth.
(g) The examination period must be for up to 72 hours. For a minor, the examination shall be initiated within 12 hours after the patient’s arrival at the facility. Within the examination period, one of the following actions must be taken, based on the individual needs of the patient:
1. The patient shall be released, unless he or she is charged with a crime, in which case the patient shall be returned to the custody of a law enforcement officer;
2. The patient shall be released, subject to subparagraph 1., for voluntary outpatient treatment;
3. The patient, unless he or she is charged with a crime, shall be asked to give express and informed consent to placement as a voluntary patient and, if such consent is given, the patient shall be admitted as a voluntary patient; or
4. A petition for involuntary services shall be filed in the circuit court if inpatient treatment is deemed necessary or with the criminal county court, as defined in s. 394.4655(1), as applicable. When inpatient treatment is deemed necessary, the least restrictive treatment consistent with the optimum improvement of the patient’s condition shall be made available. When a petition is to be filed for involuntary outpatient placement, it shall be filed by one of the petitioners specified in s. 394.4655(4)(a). A petition for involuntary inpatient placement shall be filed by the facility administrator. If a patient’s 72-hour examination period ends on a weekend or holiday, and the receiving facility:
a. Intends to file a petition for involuntary services, such patient may be held at a receiving facility through the next working day thereafter and such petition for involuntary services must be filed no later than such date. If the receiving facility fails to file a petition for involuntary services at the close of the next working day, the patient shall be released from the receiving facility following approval pursuant to paragraph (f).
b. Does not intend to file a petition for involuntary services, a receiving facility may postpone release of a patient until the next working day thereafter only if a qualified professional documents that adequate discharge planning and procedures in accordance with s. 394.468, and approval pursuant to paragraph (f), are not possible until the next working day.
(h) A person for whom an involuntary examination has been initiated who is being evaluated or treated at a hospital for an emergency medical condition specified in s. 395.002 must be examined by a facility within the examination period specified in paragraph (g). The examination period begins when the patient arrives at the hospital and ceases when the attending physician documents that the patient has an emergency medical condition. If the patient is examined at a hospital providing emergency medical services by a professional qualified to perform an involuntary examination and is found as a result of that examination not to meet the criteria for involuntary outpatient services pursuant to s. 394.4655(2) or involuntary inpatient placement pursuant to s. 394.467(1), the patient may be offered voluntary services or placement, if appropriate, or released directly from the hospital providing emergency medical services. The finding by the professional that the patient has been examined and does not meet the criteria for involuntary inpatient services or involuntary outpatient placement must be entered into the patient’s clinical record. This paragraph is not intended to prevent a hospital providing emergency medical services from appropriately transferring a patient to another hospital before stabilization if the requirements of s. 395.1041(3)(c) have been met.
(i) One of the following must occur within 12 hours after the patient’s attending physician documents that the patient’s medical condition has stabilized or that an emergency medical condition does not exist:
1. The patient must be examined by a facility and released; or
2. The patient must be transferred to a designated facility in which appropriate medical treatment is available. However, the facility must be notified of the transfer within 2 hours after the patient’s condition has been stabilized or after determination that an emergency medical condition does not exist.
(3) NOTICE OF RELEASE.Notice of the release shall be given to the patient’s guardian or representative, to any person who executed a certificate admitting the patient to the receiving facility, and to any court which ordered the patient’s evaluation. If the patient is a minor, information regarding the availability of a local mobile response service, suicide prevention resources, social supports, and local self-help groups must also be provided to the patient’s guardian or representative along with the notice of the release.
(4) DATA ANALYSIS.Using data collected under paragraph (2)(a) and s. 1006.07(10), the department shall, at a minimum, analyze data on both the initiation of involuntary examinations of children and the initiation of involuntary examinations of students who are removed from a school; identify any patterns or trends and cases in which involuntary examinations are repeatedly initiated on the same child or student; study root causes for such patterns, trends, or repeated involuntary examinations; and make recommendations to encourage the use of alternatives to eliminate inappropriate initiations of such examinations. The department shall submit a report on its findings and recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by November 1 of each odd-numbered year.
(5) UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND TREATMENT; PENALTIES.
(a) A person may not knowingly and willfully:
1. Furnish false information for the purpose of obtaining emergency or other involuntary admission of another;
2. Cause or otherwise secure, or conspire with or assist another to cause or secure, any emergency or other involuntary procedure of another person under false pretenses; or
3. Cause, or conspire with or assist another to cause, without lawful justification, the denial to any person of any right accorded pursuant to this chapter.
(b) A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 and by a fine not exceeding $5,000.
History.s. 7, ch. 71-131; s. 6, ch. 73-133; s. 204, ch. 77-147; s. 7, ch. 79-298; s. 10, ch. 82-212; s. 8, ch. 84-285; s. 59, ch. 91-221; s. 3, ch. 91-249; s. 69, ch. 92-289; s. 708, ch. 95-148; s. 16, ch. 96-169; s. 1, ch. 2003-88; ss. 5, 6, 7, ch. 2004-385; s. 2, ch. 2006-171; s. 19, ch. 2006-197; s. 2, ch. 2015-111; s. 6, ch. 2016-127; s. 88, ch. 2016-241; s. 26, ch. 2017-151; s. 8, ch. 2018-3; s. 2, ch. 2019-134; s. 18, ch. 2020-9; s. 8, ch. 2020-39; s. 2, ch. 2021-176; s. 4, ch. 2021-204; s. 6, ch. 2022-36; s. 2, ch. 2022-41; s. 1, ch. 2022-126.

F.S. 394.463 on Google Scholar

F.S. 394.463 on Casetext

Amendments to 394.463


Arrestable Offenses / Crimes under Fla. Stat. 394.463
Level: Degree
Misdemeanor/Felony: First/Second/Third

S394.463 5a1 - FRAUD - FALSE INFO EMERG INVOL ADMIT OF ANOTHER - M: F
S394.463 5a2 - FRAUD - SUB ANOTHER EMERG/INVOLUN PROC UND FALSE PRET - M: F
S394.463 5a3 - HEALTH-SAFETY - CAUSE ANOTHER DENIAL OF EXAM OR TREATMENT - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

SCHOFIELD, v. C. JUDD,, 268 So. 3d 890 (Fla. App. Ct. 2019)

. . . team" was of the opinion that he would meet the criteria for involuntary examination under section 394.463 . . .

ANDERSON, v. D. SNYDER,, 389 F. Supp. 3d 1082 (S.D. Fla. 2019)

. . . . § 394.463. . . . Stat. § 394.463, frequently known as the Baker Act, was passed into law in 1971. . . . Stat. § 394.463(1). The Baker Act states: (1) CRITERIA. . . . Id. § 394.463(2)(a). . . . Stat. § 394.463(1)(b)(2). . . .

POTTINGER, v. CITY OF MIAMI,, 359 F. Supp. 3d 1177 (S.D. Fla. 2019)

. . . . § 394.463, Fla. Stat. Dr. . . .

CRANE, v. LIFEMARK HOSPITALS, INC. d. b. a., 898 F.3d 1130 (11th Cir. 2018)

. . . . § 394.463. . . .

D. F. v. STATE, 248 So. 3d 1232 (Fla. App. Ct. 2018)

. . . Petitioner was admitted for involuntary examination under section 394.463(2)(a)(2), Florida Statutes . . .

L. G. v. STATE, 244 So. 3d 418 (Fla. App. Ct. 2018)

. . . . § 394.463(2)(a)3., Fla. Stat. (2017). . . .

BROWN, v. ORANGE COUNTY CORRECTIONS DEPT., 699 F. App'x 916 (11th Cir. 2017)

. . . . § 394.463 (2013). See generally id. §§ 394.451-394.47892 (2013). . . .

LOZADA, v. HOBBY LOBBY STORES, INC., 702 F. App'x 904 (11th Cir. 2017)

. . . . § 394.463(l)(b)2 (emphasis added). . . .

UNITED STATES v. CAIN,, 688 F. App'x 725 (11th Cir. 2017)

. . . . §§ 394.451; 394.463. . . .

RUMPH, v. STATE, 217 So. 3d 1092 (Fla. Dist. Ct. App. 2017)

. . . . § 394.463(2)(a)2„ Fla. Stat. (2009). . . . .

C. W. v. STATE, 214 So. 3d 796 (Fla. Dist. Ct. App. 2017)

. . . . § 394.463(2)(a)3., Fla. Stat. (2016). . . . .

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)

. . . . § 394.463. . . .

DOUGAN, v. L. BRADSHAW,, 198 So. 3d 878 (Fla. Dist. Ct. App. 2016)

. . . .” § 394.463(1), (l)(b)2., Fla. Stat. (2014). . . .

MARTINEZ, v. CITY OF PEMBROKE PINES,, 648 F. App'x 888 (11th Cir. 2016)

. . . . § 394.463(2)(a)(2). . . . Stat. § 394.463(1). . . . .

LAKE, v. STATE, 193 So. 3d 932 (Fla. Dist. Ct. App. 2016)

. . . guaranteed to all persons who are admitted to mental health facilities or who are being held under s. 394.463 . . .

SINGER, v. COLONY INSURANCE COMPANY,, 147 F. Supp. 3d 1369 (S.D. Fla. 2015)

. . . . § 394.463. . Plaintiff' and Cohen reached a settlement before the arbitration. . . . .

BAILEY, v. BAILEY,, 176 So. 3d 344 (Fla. Dist. Ct. App. 2015)

. . . The record evidence, including Jonathan’s involuntary hospitalization under section 394.463, Florida . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 158 So. 3d 523 (Fla. 2015)

. . . This rule does not apply to placement under sections 394.463 or 394.467, Florida Statutes. (2) Basis . . .

E. WALTERS, v. FREEMAN,, 572 F. App'x 723 (11th Cir. 2014)

. . . . § 394.463(1). This argument is without merit. . . .

C. COLLINS, v. STATE, 125 So. 3d 1046 (Fla. Dist. Ct. App. 2013)

. . . the police were taking him into custody under the Florida Mental Health Act, or Baker Act, section 394.463 . . . not involve a search conducted during a detention pursuant to the Florida Mental Health Act, Chapter 394.463 . . . bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.” § 394.463 . . . would not have been warranted because the exclusionary rule does not apply to violations of section 394.463 . . .

S. L. a v. STATE, 96 So. 3d 1080 (Fla. Dist. Ct. App. 2012)

. . . See § 394.463, Fla. Stat. (2010).' . . . .

HOLLAND, v. S. TUCKER,, 854 F. Supp. 2d 1229 (S.D. Fla. 2012)

. . . .” § 394.463(2)(a)(2), Fla. Stat. (1995). . While not directly relevant to Mr. . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. H. BRONSON, 79 So. 3d 199 (Fla. Dist. Ct. App. 2012)

. . . On August 2, 2011, the trial court entered an order for involuntary examination pursuant to section 394.463 . . . Section 394.463 authorizes a trial court to enter an ex parte order for the involuntary examination of . . .

W. FRANK WELLS NURSING HOME, v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION,, 75 So. 3d 328 (Fla. Dist. Ct. App. 2011)

. . . Notice of Deficiencies and class III citation issued to the nursing home for a violation of section 394.463 . . . Because the undisputed facts fail to establish that a violation of section 394.463(2) occurred, the agency . . . Section 394.463(2)(b), Florida Statutes, prohibits nursing homes and assisted living facilities from . . . However, this movement of the resident did not trigger section 394.463(2)(b) because the resident was . . . is a clearly erroneous application of section 394.463(2) to those facts. . . .

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

. . . . § 394.463, Fla. Stat. (2010). . . . rights be guaranteed to all persons admitted to mental health facilities or being detained under s. 394.463 . . . shall take a person who appears to meet the criteria for involun-taty examination into custody.” § 394.463 . . .

UNITED STATES v. A. HILL, 795 F. Supp. 2d 1304 (M.D. Fla. 2011)

. . . . § 394.463, under the Baker Act (1) Criteria. — A person may be taken to a receiving facility for involuntary . . .

FURTADO, v. YUN CHUNG LAW a k a, 51 So. 3d 1269 (Fla. Dist. Ct. App. 2011)

. . . ." § 394.463(1), (l)(b)2, and (2)(a)3, Fla. Stat. (2009). . . . .

L. P. v. STATE, 995 So. 2d 1140 (Fla. Dist. Ct. App. 2008)

. . . of petition for involuntary placement was filed by the State with regard to L.P. pursuant to section 394.463 . . .

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

. . . Section 394.463, Florida Statutes (2007), provides that a person may be taken to a receiving facility . . .

OLIVER, Sr. Sr. v. CITY OF ORLANDO,, 574 F. Supp. 2d 1279 (M.D. Fla. 2008)

. . . . § 394.463(1). . . . .

In GUARDIANSHIP OF GRAHAM, v., 963 So. 2d 275 (Fla. Dist. Ct. App. 2007)

. . . Betty’s other son, Luke, executed a petition for involuntary examination of his mother under section 394.463 . . .

EASTES, v. STATE, 960 So. 2d 873 (Fla. Dist. Ct. App. 2007)

. . . The criteria for an involuntary examination are set forth in section 394.463(1), Florida Statutes (as . . .

J. SCANNAVINO, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 242 F.R.D. 662 (M.D. Fla. 2007)

. . . March 26, 2001, through February 9, 2005, the plaintiff was involuntarily committed pursuant to Section 394.463 . . . Stat. § 394.463(2)(a) (2006). . . . .

TROVILLE, v. STATE, 953 So. 2d 637 (Fla. Dist. Ct. App. 2007)

. . . .” § 394.463, Fla. Stat. (1998). . . .

SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC. v. E. ASHE,, 948 So. 2d 889 (Fla. Dist. Ct. App. 2007)

. . . See § 394.463(2)©, Fla. . . .

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

. . . See 394.463(l)(a)-(b), Fla. . . .

G. T. a v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 935 So. 2d 1245 (Fla. Dist. Ct. App. 2006)

. . . an order of involuntary examination or involuntary placement entered pursuant to [the Baker Act] s. 394.463 . . .

SULLIVAN, a. k. a. v. CITY OF PEMBROKE PINES, a, 161 F. App'x 906 (11th Cir. 2006)

. . . . § 394.463. Gonzalez had been “Baker Acted” before on other occasions. . . . Stat. § 394.463(2)(a) (“A law enforcement officer shall take a person who appears to meet the criteria . . .

A. MERCADO, v. CITY OF ORLANDO, a, 323 F. Supp. 2d 1266 (M.D. Fla. 2004)

. . . Oullette, 118 F.3d 1099, 1104 (6th Cir.1997) (citations omitted); see also Fla Stat. ch. 394.463 (law . . .

AMENDMENT TO THE RULES OF JUVENILE PROCEDURE, FLA. R. JUV. P., 842 So. 2d 763 (Fla. 2003)

. . . This rule does not apply to placement under sections 394.463 or 394.467, Florida Statutes. (2) The placement . . .

KEPHART, H. J. v. KEARNEY,, 826 So. 2d 517 (Fla. Dist. Ct. App. 2002)

. . . certifies to receiving testimony under oath supporting grounds and essential facts alleged in motion); § 394.463 . . .

STATE DEPARTMENT OF CHILDREN AND FAMILIES, v. REYES,, 829 So. 2d 252 (Fla. Dist. Ct. App. 2002)

. . . See § 394.463(2)(a)(l), Fla. Stat. (2001). . . . Section 394.463(2)(a), Florida Statutes (2001), provides: "An involuntary examination may be initiated . . .

M. OWENS, v. CITY OF FORT LAUDERDALE,, 174 F. Supp. 2d 1282 (S.D. Fla. 2001)

. . . . § 394.463. Once they arrived at the hospital, Byron calmed down, and fell asleep. See id. at 26. . . . Fla.Stat. § 394.463(i). . . .

M. OWENS, v. CITY OF FORT LAUDERDALE,, 174 F. Supp. 2d 1298 (S.D. Fla. 2001)

. . . . § 394.463. Once they arrived at the hospital, Byron calmed down, and fell asleep. See id. at 26. . . . Fla.Stat. § 394.463(1). The Hospital argues that Byron posed a danger to himself and others. . . .

CARD v. MIAMI- DADE COUNTY FLORIDA, 147 F. Supp. 2d 1334 (S.D. Fla. 2001)

. . . See § 394.463. . . . See § 394.463(l)(a). . . .

LUKEHART, v. STATE, 776 So. 2d 906 (Fla. 2000)

. . . .” § 394.463(2)(a)2., Fla. Stat. (1995). . . . .

TRAINOR v. STATE, 768 So. 2d 1123 (Fla. Dist. Ct. App. 2000)

. . . See § 394.463, Fla. Stat. (1995). . . .

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

. . . Plaintiff also seeks a declaratory judgment which declares section 394.463(2)(a) of the Baker Act unconstitutional . . .

M. W. a v. DAVIS,, 756 So. 2d 90 (Fla. 2000)

. . . hearing under section 39.407(4), Florida Statutes (Supp. 1998), and the Baker Act, specifically sections 394.463 . . . grounds that section 39.407(4) requires the Department to comply with the procedures required by sections 394.463 . . .

THOMAS, v. STATE, 748 So. 2d 363 (Fla. Dist. Ct. App. 2000)

. . . Section 394.463(1), Florida Statutes, provides: A person may be taken to a receiving facility for involuntary . . . See § 394.463, Fla. Stat. . See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). . . .

AMADOR, v. STATE, 712 So. 2d 1179 (Fla. Dist. Ct. App. 1998)

. . . However, consistent with our holding in Heidrick and pursuant to section 394.463(2)(a)l, Florida Statutes . . . the criteria for involuntary examination, giving the findings on which that conclusion is based. § 394.463 . . . forthwith that portion of its order that defendant undergo an involuntary examination pursuant to section 394.463 . . .

UNITED STATES v. BARBOUR,, 70 F.3d 580 (11th Cir. 1995)

. . . . § 394.463, Dr. . . .

ADMINISTRATOR, RETREAT HOSPITAL, v. W. JOHNSON In BROWARD COUNTY, A., 660 So. 2d 333 (Fla. Dist. Ct. App. 1995)

. . . the hospital’s facility by someone other than a law enforcement agency in direct violation of section 394.463 . . . The special assistant public defender asserted that this practice was in clear violation of section 394.463 . . . All certificates, pleadings or actions of any kind seeking an involuntary examination pursuant to §§ 394.463 . . . a patient could be transported for involuntary examination would essentially amend or alter section 394.463 . . . Florida Statute 394.463(2) reads, in pertinent part: (a) Initiation of involuntary examination. 2. . . .

PATTERSON, v. DOWNTOWN MEDICAL AND DIAGNOSTIC CENTER, INC., 866 F. Supp. 1379 (M.D. Fla. 1994)

. . . Florida Statutes, § 394.463(2)(a)(3) permits commitment by a “physician, psychologist licensed pursuant . . .

In K. GLANT, 634 So. 2d 318 (Fla. Dist. Ct. App. 1994)

. . . No evidence was presented to the court, as required by section 394.463(l)(a), nor did the court make . . . a specific finding, as required by section 394.463(2)(a)(1), that Giant had refused a voluntary examination . . .

W. HEDRICK, v. FLORIDA HOSPITAL MEDICAL CENTER,, 633 So. 2d 1153 (Fla. Dist. Ct. App. 1994)

. . . below, challenging the cause and legality of his involuntary commitment for examination under section 394.463 . . . ing] a real and present threat of substantial harm to [Hed-rick’s] well-being” as required by section 394.463 . . .

HORIZON HOSPITAL, v. WILLIAMS, By WILLIAMS,, 610 So. 2d 692 (Fla. Dist. Ct. App. 1992)

. . . Appellant contends that the trial court incorrectly interpreted sections 394.463(2)(c) and (d), Florida . . . In the order of release the trial court ruled that pursuant to sections 394.463(2)(c) and (d), Florida . . . Section 394.463(2)(c) provides that a patient may be detained at a receiving facility for involuntary . . .

PRUESSMAN, v. DR. JOHN T. MACDONALD FOUNDATION d b a, 589 So. 2d 948 (Fla. Dist. Ct. App. 1991)

. . . Lewis’ facially valid, executed certificate under Section 394.463(l)(b)(3), Florida Statutes (1981), . . . State, 475 So.2d 1290, 1292 (Fla. 3d DCA 1985), rev. denied, 486 So.2d 598 (Fla.1986); § 394.463(1)(b . . .

GERUS, v. STATE, 565 So. 2d 1382 (Fla. Dist. Ct. App. 1990)

. . . in the circuit court a petition for involuntary examination on ex parte order “pursuant to chapter 394.463 . . . circuit court granting the request for an involuntary examination of appellant, pursuant to section 394.463 . . .

ZINERMON v. BURCH, 494 U.S. 113 (U.S. 1990)

. . . . §394.463(l)(a) (1981). . . . or treatment,” or a proceeding for court-ordered evaluation or involuntary placement is initiated. §394.463 . . . . such neglect or refusal poses a real and present threat of substantial harm to his well-being.” § 394.463 . . . informed consent” to admission and treatment, or unless involuntary placement proceedings are initiated. § 394.463 . . .

PELLEGRINI, v. J. WINTER,, 552 So. 2d 213 (Fla. Dist. Ct. App. 1989)

. . . Section 394.463(2)(b) and (c), Florida Statutes (1983) provide in pertinent part: (b) Examination —A . . . We hold as a matter of law that a disposition pursuant to section 394.463(2)(c)2 of the Baker Act is . . .

BURCH, v. APALACHEE COMMUNITY MENTAL HEALTH SERVICES, INC., 840 F.2d 797 (11th Cir. 1988)

. . . . § 394.463(1) (1981) (since amended). . . . Id. § 394.463(l)(d). . . . . § 394.463 (1981) (amended 1984). . . . The fact that Burch may have been denied the statutory procedures prescribed by Fla.Stat. § 394.463 ( . . .

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

. . . Section 394.463, Florida Statutes, authorizes an involuntary examination under certain limited circumstances . . . The report and certificate shall be made a part of the patient’s clinical record. § 394.463, Fla.Stat . . .

F. JAGGERS, v. STATE, 509 So. 2d 1165 (Fla. Dist. Ct. App. 1987)

. . . .-463(l)(b)2 and 394.463(2)(a)l Florida Statutes (1985), with respect to appellant’s eligibility for . . .

EVERETT, v. FLORIDA INSTITUTE OF TECHNOLOGY, a a, 503 So. 2d 1382 (Fla. Dist. Ct. App. 1987)

. . . involuntary confinement as a mental patient at the Hospital for eight days without compliance with sections 394.463 . . .

BURCH, v. APALACHEE COMMUNITY MENTAL HEALTH SERVICES, INC., 804 F.2d 1549 (11th Cir. 1986)

. . . . § 394.463(1) (1981) (amended 1984). . . . Fla.Stat. § 394.463(l)(d) (1981) (amended 1982). . . . See Fla.Stat. § 394.463(1) (1981) (amended 1982). . . .

PELLEGRINI, v. J. WINTER, W., 476 So. 2d 1363 (Fla. Dist. Ct. App. 1985)

. . . proceeding resulting in the involuntary detention and examination of Pellegrini, pursuant to section 394.463 . . . The statute herein concerned is section 394.463, Florida Statutes (1983), which provides in pertinent . . . part: 394.463 Involuntary examination.— (1) CRITERIA. — A person may be taken to a receiving facility . . .

HALIFAX HOSPITAL DISTRICT, v. ARMSTRONG, 17 Fla. Supp. 2d 135 (Volusia Cty. Ct. 1985)

. . . Halifax Hospital Medical Center Psychiatric Ward, ostensible to be committed under the Baker Act (Section 394.463 . . .

JOHNSTON, v. STATE, 466 So. 2d 413 (Fla. Dist. Ct. App. 1985)

. . . order denying appellant’s motion for expungement of her involuntary mental examination under Section 394.463 . . . See Section 394.463, Florida Statutes (1983). . . .

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

. . . . § 394.463(2)(a)(2). See Sebastian v. . . . This Act, FIa.Stat.Ann. §§ 394.453-.4785 (1984) provides in relevant part: 394.463 Involuntary examination . . .

ROYAL v. PARADO,, 462 So. 2d 849 (Fla. Dist. Ct. App. 1985)

. . . Johns County for an emergency mental evaluation of the appellee pursuant to Section 394.463, Florida . . .

ABDULLAH, v. STATE, 429 So. 2d 1359 (Fla. Dist. Ct. App. 1983)

. . . On 7 December, involuntary commitment proceedings were timely begun, Section 394.463(2)(e), Florida Statutes . . .

SANDEGREN v. STATE SARASOTA COUNTY PUBLIC HOSPITAL BOARD,, 397 So. 2d 657 (Fla. 1981)

. . . See §§ 394.457, 394.459, 394.463, 394.75, 394.76, Fla.Stat. (1977). . . .

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

. . . be followed under a variety of circumstances and conditions, including emergency admission (Section 394.463 . . . meet the statutory criteria for admission to a receiving facility on emergency conditions (Section 394.463 . . . For example, Section 394.463(l)(c), Florida Statutes (1977), provides that a patient who is admitted . . . patient be immediately released if hospitalization or further evaluation is not needed, as under Section 394.463 . . . Section 394.463, Florida Statutes (1977), sub-paragraph (l)(a) Criteria: “A person may be admitted to . . . Sections 394.463, .465 and .467 are the heart of the Act and encompass all due process substantive and . . .

ELEUTERIO, v. L. WAINWRIGHT,, 587 F.2d 194 (5th Cir. 1979)

. . . . § 394.463. . . .

POWELL, v. STATE OF FLORIDA,, 579 F.2d 324 (5th Cir. 1978)

. . . . § 394.463. . . . Ann. §§ 394.463 & 394.467. . . .