Florida Statute 394.463 - Full Text and Legal Analysis

The 2025 Florida Statutes

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, able, and responsible 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, must 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 must 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. Within 6 hours after the court issues an order, the clerk of the court shall electronically submit the order to the sheriff or a law enforcement agency in the county where the order is to be served. The order is 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 may 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 section shall restrain the person in the least restrictive manner available and appropriate under the circumstances. If transporting a minor and the parent or legal guardian of the minor is present, before departing, the law enforcement officer must provide the parent or legal guardian of the minor with the name, address, and contact information for the facility within the designated receiving system to which the law enforcement officer is transporting the minor, subject to any safety and welfare concerns for the minor. 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 must 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 and include all emergency contact information required under subparagraph 2. 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 must 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 must 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.

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 services orders issued pursuant to ss. 394.4655 and 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 provided to the Louis de la Parte Florida Mental Health Institute established under s. 1004.44 by the department and used by the institute to prepare annual reports analyzing the data obtained from these documents, without including the personal identifying information of the patient. The information in the reports may include, but need not be limited to, a state level analysis of involuntary examinations, including a description of demographic characteristics of individuals and the geographic locations of involuntary examinations; counts of the number of involuntary examinations at each receiving facility; and reporting and analysis of trends for involuntary examinations within the state. The report shall also include counts of and provide demographic, geographic, and other relevant information about individuals with a developmental disability, as defined in s. 393.063, or a traumatic brain injury or dementia who were taken to a receiving facility for involuntary examination pursuant to this section and determined not to have a co-occurring mental illness. The institute shall post the reports on its website and provide copies of such 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 by November 30 of each year.

(f) A patient must 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. Such examination shall include, but not be limited to, consideration of the patient’s treatment history at the facility and any information regarding the patient’s condition and behavior provided by knowledgeable individuals. Evidence that criteria under subparagraph (1)(b)1. are met may include, but need not be limited to, repeated admittance for involuntary examination despite implementation of appropriate discharge plans. For purposes of this paragraph, the term “repeated admittance” means three or more admissions into the facility within the immediately preceding 12 months. An individual’s basic needs being served while admitted to the facility may not be considered evidence that criteria under subparagraph (1)(b)1. are met. Emergency treatment may be provided upon the order of a physician or a psychiatric nurse practicing within the framework of an established protocol with a psychiatrist if the physician or psychiatric nurse 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 with at least 3 years of clinical experience 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 and begins when a patient arrives at the receiving facility. 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 or with the county court, 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. The petition shall be filed by one of the petitioners specified in s. 394.467, and the court shall dismiss an untimely filed petition. If a patient’s 72-hour examination period ends on a weekend or holiday, including the hours before the ordinary business hours on the morning of the next working day, and the receiving facility:

a. Intends to file a petition for involuntary services, such patient may be held at the facility through the next working day thereafter and the petition must be filed no later than such date. If the facility fails to file the petition by the ordinary close of business on 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, the 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 services pursuant to s. 394.467, the patient may be offered voluntary outpatient or inpatient services, 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 services 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. The designated facility may retain the patient for the remainder of the 72-hour examination period under paragraph (g), notwithstanding a failure of the transferring facility to comply with the 12-hour transfer requirement or the 2-hour notice requirement of this paragraph, if the patient continues to meet the criteria for involuntary examination under subsection (1).

(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.—

(a) The department shall provide the data collected under paragraph (2)(a) and s. 1006.07(10), and child welfare data related to involuntary examinations, to the Louis de la Parte Florida Mental Health Institute established under s. 1004.44. The Agency for Health Care Administration shall provide Medicaid data to the institute, requested by the institute, related to involuntary examination of children enrolled in Medicaid for the purpose of administering the program and improving service provision for such children. The department and agency shall enter into any necessary agreements with the institute to provide such data. The institute shall use such data to, 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.

(b) The institute shall analyze service data on individuals who are high utilizers of crisis stabilization services provided in designated receiving facilities, and shall, at a minimum, identify any patterns or trends and make recommendations to decrease avoidable admissions. Recommendations may be addressed in the department’s contracts with the behavioral health managing entities and in the contracts between the Agency for Health Care Administration and the Medicaid managed medical assistance plans.

(c) The institute shall publish a report on its findings and recommendations on its website and submit the report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the department, and the Agency for Health Care Administration 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; s. 19, ch. 2024-15; s. 9, ch. 2024-245; s. 1, ch. 2025-10; s. 4, ch. 2025-143; s. 10, ch. 2025-184.

F.S. 394.463 on Google Scholar

F.S. 394.463 on CourtListener

Amendments to 394.463

Annotations, Discussions, Cases:

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

Cases Citing Statute 394.463

Total Results: 82

Oliver v. Fiorino

586 F.3d 898, 2009 U.S. App. LEXIS 23579, 2009 WL 3417869

Court of Appeals for the Eleventh Circuit | Filed: Oct 26, 2009 | Docket: 1599244

Cited 141 times | Published

under Florida's Mental Health Act, Fla. Stat. § 394-463(1) ("the Baker Act"), because he appeared to them

Darrell Burch v. Apalachee Community Mental Health Services, Inc.

840 F.2d 797, 1988 U.S. App. LEXIS 3530, 1988 WL 12728

Court of Appeals for the Eleventh Circuit | Filed: Mar 18, 1988 | Docket: 980386

Cited 74 times | Published

admission of mental health patients. See Fla.Stat. § 394.463(1) (1981) (since amended). This procedure allowed

United States v. Barbour

70 F.3d 580, 1995 U.S. App. LEXIS 34982, 1995 WL 697092

Court of Appeals for the Eleventh Circuit | Filed: Dec 12, 1995 | Docket: 294474

Cited 54 times | Published

treatment. Pursuant to Florida law, Fla.Stat.Ann. § 394.463, Dr. DeCastro committed Barbour involuntarily

Lukehart v. State

776 So. 2d 906, 2000 WL 1424534

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 1521337

Cited 33 times | Published

criteria for involuntary examination into custody." § 394.463(2)(a)2., Fla. Stat. (1995). [5] The rights card

Lukehart v. State

70 So. 3d 503, 2011 WL 2472801

Supreme Court of Florida | Filed: Jun 23, 2011 | Docket: 2352980

Cited 31 times | Published

near future, as evidenced by recent behavior. § 394.463, Fla. Stat. (2010). Based on the language of the

Royal v. Parado

462 So. 2d 849, 10 Fla. L. Weekly 226

District Court of Appeal of Florida | Filed: Jan 22, 1985 | Docket: 1509886

Cited 27 times | Published

mental evaluation of the appellee pursuant to Section 394.463, Florida Statutes, advising the deputy clerk

Paddock v. Chacko

522 So. 2d 410, 1988 WL 10830

District Court of Appeal of Florida | Filed: Feb 18, 1988 | Docket: 2516537

Cited 22 times | Published

7 Int'l.J.Psychiatry 327-28 (1969). [5] Section 394.463, Florida Statutes, authorizes an involuntary

Patterson v. Downtown Medical & Diagnostic Center, Inc.

866 F. Supp. 1379, 3 Am. Disabilities Cas. (BNA) 1345, 1994 U.S. Dist. LEXIS 15421, 1994 WL 594406

District Court, M.D. Florida | Filed: Oct 25, 1994 | Docket: 808747

Cited 16 times | Published

Plaintiffs employer/physician." Florida Statutes, § 394.463(2)(a)(3) permits commitment by a "physician, psychologist

Darrell Burch v. Apalachee Community Mental Health Services, Inc.

804 F.2d 1549, 55 U.S.L.W. 2330, 1986 U.S. App. LEXIS 34269

Court of Appeals for the Eleventh Circuit | Filed: Dec 3, 1986 | Docket: 804735

Cited 15 times | Published

mental health patients. See Fla.Stat. § 394.463(1) (1981) (amended 1984). This procedure allowed

Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Society, Inc.

382 So. 2d 1280

District Court of Appeal of Florida | Filed: Apr 16, 1980 | Docket: 2538809

Cited 14 times | Published

emergency admission (Section 394.463(1)), court-ordered evaluation (Section 394.463(2)), voluntary admissions

Furtado v. Yun Chung Law

51 So. 3d 1269, 2011 Fla. App. LEXIS 1057, 2011 WL 309411

District Court of Appeal of Florida | Filed: Feb 2, 2011 | Docket: 60297536

Cited 7 times | Published

. herself or others in the near future ...." § 394.463(1), (l)(b)2, and (2)(a)3, Fla. Stat. (2009).

Harold Crane v. Lifemark Hospitals, Inc.

898 F.3d 1130

Court of Appeals for the Eleventh Circuit | Filed: Aug 2, 2018 | Docket: 7581614

Cited 6 times | Published

the need for an examination. Fla. Stat. § 394.463 . The Baker Act receiving facility, where

Scannavino v. Florida Department of Corrections

242 F.R.D. 662, 2007 U.S. Dist. LEXIS 41579, 2007 WL 1557477

District Court, M.D. Florida | Filed: Apr 30, 2007 | Docket: 66030419

Cited 6 times | Published

plaintiff was involuntarily committed pursuant to Section 394.463, Florida Statutes (“the Baker Act”).3 Subsequent

Kephart v. Kearney

826 So. 2d 517, 2002 WL 31115267

District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 1198220

Cited 4 times | Published

grounds and essential facts alleged in motion); § 394.463(2), Fla. Stat. (2001) (requiring ex parte order

Card v. Miami-Dade County Florida

147 F. Supp. 2d 1334, 2001 WL 603530

District Court, S.D. Florida | Filed: May 29, 2001 | Docket: 2281235

Cited 4 times | Published

a competency evaluation within 72 hours. See § 394.463. The Act mandates such an evaluation, even for

Harris v. Bush

106 F. Supp. 2d 1272, 2000 U.S. Dist. LEXIS 10969, 2000 WL 1092987

District Court, N.D. Florida | Filed: Jul 25, 2000 | Docket: 2377888

Cited 4 times | Published

*1274 declaratory judgment which declares section 394.463(2)(a) of the Baker Act unconstitutional on

Dougan v. Bradshaw

198 So. 3d 878, 2016 Fla. App. LEXIS 10774, 2016 WL 3745378

District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 60256504

Cited 3 times | Published

near future, as evidenced by recent behavior.” § 394.463(1), (l)(b)2., Fla. Stat. (2014). The Baker Act

LP v. State

995 So. 2d 1140, 2008 WL 5100559

District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 1422581

Cited 3 times | Published

the State with regard to L.P. pursuant to section 394.463, Florida Statutes (2007), Florida's Mental

In Re Guardianship of Graham

963 So. 2d 275, 2007 WL 2189111

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 1697473

Cited 3 times | Published

involuntary examination of his mother under section 394.463, Florida Statutes. An examination was ordered

Troville v. State

953 So. 2d 637, 2007 WL 911879

District Court of Appeal of Florida | Filed: Mar 28, 2007 | Docket: 1317367

Cited 3 times | Published

bodily harm . . . to others in the near future." § 394.463, Fla. Stat. (1998). The definitions in the Ryce

SOUTHERN BAPTIST HOSP. OF FLORIDA v. Ashe

948 So. 2d 889, 2007 WL 412431

District Court of Appeal of Florida | Filed: Feb 8, 2007 | Docket: 1769676

Cited 3 times | Published

non-discretionary requirements of Florida's Baker Act. See § 394.463(2)(f), Fla. Stat. (2003) ("[An involuntarily committed

Owens v. City of Fort Lauderdale

174 F. Supp. 2d 1298, 2001 U.S. Dist. LEXIS 23067, 2001 WL 1408481

District Court, S.D. Florida | Filed: Sep 20, 2001 | Docket: 2385952

Cited 3 times | Published

proceeding under Florida's Baker Act, FLA.STAT. § 394.463. Once they arrived at the hospital, Byron calmed

Pellegrini v. Winter

476 So. 2d 1363, 10 Fla. L. Weekly 2386

District Court of Appeal of Florida | Filed: Oct 17, 1985 | Docket: 1277940

Cited 3 times | Published

and examination of Pellegrini, pursuant to section 394.463, Florida Statutes (1983), which is part of

Pottinger v. City of Miami

359 F. Supp. 3d 1177

District Court, S.D. Florida | Filed: Feb 15, 2019 | Docket: 64322709

Cited 2 times | Published

health professionals can initiate the process. § 394.463, Fla. Stat. Dr. Suarez testified that Green

D.F. v. State

248 So. 3d 1232

District Court of Appeal of Florida | Filed: Jun 5, 2018 | Docket: 64683050

Cited 2 times | Published

admitted for involuntary examination under section 394.463(2)(a)(2), Florida Statutes (2017) ("Baker Act")

Owens v. City of Fort Lauderdale

174 F. Supp. 2d 1282, 2001 U.S. Dist. LEXIS 23089, 2001 WL 1408478

District Court, S.D. Florida | Filed: Sep 20, 2001 | Docket: 2385966

Cited 2 times | Published

proceeding under Florida's Baker Act, FLA.STAT. § 394.463. Once they arrived at the hospital, Byron calmed

Anderson v. Snyder

389 F. Supp. 3d 1082

District Court, S.D. Florida | Filed: Mar 20, 2019 | Docket: 64325233

Cited 1 times | Published

Mental Health Act (the "Baker Act"), Fla. Stat. § 394.463. The second time, Deputy Fennell discharged his

C.W. v. State

214 So. 3d 796, 2017 Fla. App. LEXIS 5103

District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 60264254

Cited 1 times | Published

PALMER, BERGER and EDWARDS, JJ., concur. . § 394.463(2)(a)3., Fla. Stat. (2016). . The involuntary

Collins v. State

125 So. 3d 1046, 2013 Fla. App. LEXIS 11990, 2013 WL 3924088

District Court of Appeal of Florida | Filed: Jul 31, 2013 | Docket: 60235647

Cited 1 times | Published

the Florida Mental Health Act, or Baker Act, section 394.463, Florida Statutes (2010). We affirm the trial

S.L. v. State

96 So. 3d 1080, 2012 WL 3822192, 2012 Fla. App. LEXIS 14753

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60311418

Cited 1 times | Published

for an involuntary psychiatric examination. See § 394.463, Fla. Stat. (2010).' . In M.C., we interpreted

Department of Children & Families v. Bronson

79 So. 3d 199, 2012 WL 407151, 2012 Fla. App. LEXIS 1936

District Court of Appeal of Florida | Filed: Feb 10, 2012 | Docket: 60305258

Cited 1 times | Published

order for involuntary examination pursuant to section 394.463.1 In compliance with the court order, Dr. Speiser

Oliver v. City of Orlando

574 F. Supp. 2d 1279, 2008 U.S. Dist. LEXIS 63923, 2008 WL 3889733

District Court, M.D. Florida | Filed: Aug 20, 2008 | Docket: 1480566

Cited 1 times | Published

under Florida's Mental Health Act, Fla. Stat. § 394-463(1) ("the Baker Act"), because he appeared to be

Eastes v. State

960 So. 2d 873, 2007 WL 2010842

District Court of Appeal of Florida | Filed: Jul 13, 2007 | Docket: 1726262

Cited 1 times | Published

an involuntary examination are set forth in section 394.463(1), Florida Statutes (as amended effective

Seffernick v. Meriwether Ex Rel. Meriwether

960 So. 2d 851, 2007 WL 1953020

District Court of Appeal of Florida | Filed: Jul 6, 2007 | Docket: 1404496

Cited 1 times | Published

, Associate Senior Judge, Concur. NOTES [1] § 394.463, Fla. Stat. (2006). [2] Although Meriwether alleged

Amador v. State

712 So. 2d 1179, 1998 WL 315128

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 1737290

Cited 1 times | Published

with our holding in Heidrick and pursuant to section 394.463(2)(a)1, Florida Statutes (1997), the trial

Administrator, Retreat Hosp. v. Johnson

660 So. 2d 333, 1995 WL 509240

District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 1755929

Cited 1 times | Published

enforcement agency in direct violation of section 394.463, under which the patients were being involuntarily

Horizon Hospital v. Williams Ex Rel. Williams

610 So. 2d 692, 1992 WL 372244

District Court of Appeal of Florida | Filed: Dec 18, 1992 | Docket: 766840

Cited 1 times | Published

involuntary placement within the 72 hour period. Section 394.463(2)(c) provides that a patient may be detained

Gerus v. State

565 So. 2d 1382, 1990 WL 110292

District Court of Appeal of Florida | Filed: Aug 6, 1990 | Docket: 1725841

Cited 1 times | Published

involuntary examination of appellant, pursuant to section 394.463(2)(a)1. A doctor's report submitted after the

Indian River Memorial Hospital, Inc. v. Arlene Anderson, as Personal Representative of the Estate of Zachary Taylor Anderson

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651628

Published

involuntary examination under the Baker Act. See § 394.463(1)(b)2., Fla. Stat. (2021) (allowing a mentally

Dudley Teel v. Deputy Sheriff Jonathan Lozada

Court of Appeals for the Eleventh Circuit | Filed: Apr 18, 2024 | Docket: 68024749

Published

Argued: Dec 5, 2023

under Florida’s Baker Act, see Fla. Stat. § 394.463, and felt a sense of urgency because he knew

KAREN ROSS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 30, 2023 | Docket: 67744032

Published

for “involuntary examination” pursuant to section 394.463, Florida Statutes (2022). There, a psychiatrist

State of Florida v. Tony Garcia

Supreme Court of Florida | Filed: Aug 25, 2022 | Docket: 64921095

Published

threatening conduct continued. 2. Section 394.463, Florida Statutes, allows a law enforcement

Susan Khoury v. The Miami-Dade County School Board

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2021 | Docket: 60041063

Published

examination under Florida’s Baker Act, Fla. Stat. § 394.463. After careful review, and with the benefit of

CHRISTOPHER SCHOFIELD v. GRADY C. JUDD, SHERIFF OF POLK COUNTY

268 So. 3d 890

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865434

Published

criteria for involuntary examination under section 394.463, Florida Statutes (2016), of the Baker Act

D.F. v. State

District Court of Appeal of Florida | Filed: Jun 4, 2018 | Docket: 7172924

Published

involuntary examination under section 394.463(2)(a)(2), Florida Statutes (2017) (“Baker

L.G. v. State

244 So. 3d 418

District Court of Appeal of Florida | Filed: May 31, 2018 | Docket: 64679367

Published

GRANTED. EVANDER, WALLIS and EDWARDS, JJ., concur. § 394.463(2)(a)3., Fla. Stat. (2017).

L.G. v. State

District Court of Appeal of Florida | Filed: May 28, 2018 | Docket: 7094840

Published

court held a Baker Act hearing. 1 § 394.463(2)(a)3., Fla. Stat. (2017). After hearing the

Brown v. Orange County Corrections Dept.

699 F. App'x 916

Court of Appeals for the Eleventh Circuit | Filed: Oct 27, 2017 | Docket: 65965863

Published

competent to consent to examination. See Fla. Stat. § 394.463 (2013). See generally id. §§ 394.451-394.47892

Robert L. Rumph v. State

217 So. 3d 1092, 2017 WL 1372097, 2017 Fla. App. LEXIS 5110

District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 5099884

Published

W., Senior Judge, concur. 1 . § 394.463(2)(a)2„ Fla. Stat. (2009). 2 .

C.W. v. State - corrected 4/12/17

District Court of Appeal of Florida | Filed: Apr 10, 2017 | Docket: 5099900

Published

February 17, 2017, the circuit 1 § 394.463(2)(a)3., Fla. Stat. (2016). court determined that

Doe v. State

210 So. 3d 154

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 4426655

Published

receiving facility for involuntary examination. § 394.463. If the facility administrator timely files a

Singer v. Colony Insurance

147 F. Supp. 3d 1369, 2015 U.S. Dist. LEXIS 160207

District Court, S.D. Florida | Filed: Nov 30, 2015 | Docket: 64305598

Published

if certain conditions are met. See Fla.Stat. § 394.463. . Plaintiff' and Cohen reached a settlement

Jonathan Samuel Bailey v. Kathy Michelle Bailey

176 So. 3d 344, 2015 Fla. App. LEXIS 13505, 2015 WL 5245134

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757135

Published

Jonathan’s involuntary hospitalization under section 394.463, Florida Statutes (2014), also called the “Baker

Christopher J. Weiland v. Palm Beach County Sheriff's Office

Court of Appeals for the Eleventh Circuit | Filed: Jul 8, 2015 | Docket: 2900012

Published

himself or herself or others . . . .” Fla. Stat. § 394.463(1)(b)(2).

Holland v. Tucker

854 F. Supp. 2d 1229, 2012 WL 1193294, 2012 U.S. Dist. LEXIS 46834

District Court, S.D. Florida | Filed: Apr 3, 2012 | Docket: 65980460

Published

criteria for involuntary examination into custody.” § 394.463(2)(a)(2), Fla. Stat. (1995). . While not directly

W. Frank Wells Nursing Home v. State, Agency for Health Care Administration

75 So. 3d 328, 2011 Fla. App. LEXIS 16838, 2011 WL 5041903

District Court of Appeal of Florida | Filed: Oct 25, 2011 | Docket: 2360588

Published

issued to the nursing home for a violation of section 394.463(2), Florida Statutes. Because the undisputed

United States v. Hill

795 F. Supp. 2d 1304, 2011 U.S. Dist. LEXIS 61086, 2011 WL 2222141

District Court, M.D. Florida | Filed: Jun 8, 2011 | Docket: 1967155

Published

Baker Act the Defendant. Pursuant to Fla. Stat. § 394.463, under the Baker Act (1) Criteria.A person may

Ago

Florida Attorney General Reports | Filed: Jan 27, 2009 | Docket: 3257482

Published

treatment of mentally ill persons. Pursuant to section 394.463(1), Florida Statutes, a person may be taken

L.P. v. State

995 So. 2d 1140, 2008 Fla. App. LEXIS 18372

District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 64856939

Published

the State with regard to L.P. pursuant to section 394.463, Florida Statutes (2007), Florida’s Mental

WM v. State

992 So. 2d 383, 2008 WL 4525772

District Court of Appeal of Florida | Filed: Oct 10, 2008 | Docket: 1391387

Published

EARP, J., Associate Judge, concur. NOTES [1] Section 394.463, Florida Statutes (2007), provides that a person

W.M. v. State

992 So. 2d 383, 2008 Fla. App. LEXIS 15416

District Court of Appeal of Florida | Filed: Oct 10, 2008 | Docket: 64855800

Published

and EARP, J., Associate Judge, concur. . Section 394.463, Florida Statutes (2007), provides that a person

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Florida Attorney General Reports | Filed: May 30, 2008 | Docket: 3258528

Published

patient for involuntary evaluation pursuant to section 394.463, Florida Statutes? As you note, the Department

State, Department of Children & Families v. Reyes

829 So. 2d 252, 2002 Fla. App. LEXIS 12775, 2002 WL 2009793

District Court of Appeal of Florida | Filed: Sep 4, 2002 | Docket: 64818564

Published

appropriate notice and hearing procedures. See § 394.463(2)(a)(l), Fla. Stat. (2001).5 The actual transfer

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Florida Attorney General Reports | Filed: Oct 17, 2001 | Docket: 3256793

Published

from an authorized professional pursuant to section 394.463(2), Florida Statutes, what entity within a

Trainor v. State

768 So. 2d 1123, 2000 Fla. App. LEXIS 10310, 2000 WL 1152447

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 64800857

Published

records associated with the hospitalization. See § 394.463, Fla. Stat. (1995). The hospitalization occurred

Thomas v. State

748 So. 2d 363, 2000 Fla. App. LEXIS 90, 2000 WL 6125

District Court of Appeal of Florida | Filed: Jan 7, 2000 | Docket: 64793823

Published

flailing his arms in an irrational manner. Section 394.463(1), Florida Statutes, provides: A person may

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Florida Attorney General Reports | Filed: Nov 9, 1999 | Docket: 3257188

Published

health facilities or being detained under section 394.463, Florida Statutes.5 The Department of Children

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Florida Attorney General Reports | Filed: Nov 8, 1999 | Docket: 3255497

Published

treatment of mentally ill persons. Pursuant to section 394.463(1), Florida Statutes, a person may be taken

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Florida Attorney General Reports | Filed: Nov 26, 1997 | Docket: 3257785

Published

involuntary examination period established in section 394.463(2), Florida Statutes (1996 Supplement), for

In re Glant

634 So. 2d 318, 1994 Fla. App. LEXIS 3212, 1994 WL 113622

District Court of Appeal of Florida | Filed: Apr 7, 1994 | Docket: 64747180

Published

was presented to the court, as required by section 394.463(l)(a), nor did the court make a specific finding

Hedrick v. FLA. HOSP. MEDICAL CTR.

633 So. 2d 1153, 1994 WL 84179

District Court of Appeal of Florida | Filed: Mar 18, 1994 | Docket: 2515832

Published

involuntary commitment for examination under section 394.463, Florida Statutes (1991). One of the examining

Hedrick v. FLA. HOSP. MEDICAL CTR.

633 So. 2d 1153, 1994 WL 84179

District Court of Appeal of Florida | Filed: Mar 18, 1994 | Docket: 2515832

Published

involuntary commitment for examination under section 394.463, Florida Statutes (1991). One of the examining

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Florida Attorney General Reports | Filed: Aug 2, 1993 | Docket: 3256179

Published

hospitals, clinics, counties, and municipalities.4 Section 394.463, F.S. (1992 Supp.), authorizes specified persons

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Florida Attorney General Reports | Filed: Aug 2, 1993 | Docket: 3256949

Published

initiated under a number of circumstances. Section 394.463(2)(a)2., F.S. (1992 Supp.), provides that:

Pruessman v. Dr. John T. MacDonald Foundation

589 So. 2d 948, 1991 Fla. App. LEXIS 10514, 1991 WL 211261

District Court of Appeal of Florida | Filed: Oct 22, 1991 | Docket: 64663256

Published

facially valid, executed certificate under Section 394.463(l)(b)(3), Florida Statutes (1981), and thereafter

Pellegrini v. Winter

552 So. 2d 213, 14 Fla. L. Weekly 2304, 1989 Fla. App. LEXIS 5266, 1989 WL 111529

District Court of Appeal of Florida | Filed: Sep 28, 1989 | Docket: 64646327

Published

involuntary commitment in favor of Pelle-grini. Section 394.463(2)(b) and (c), Florida Statutes (1983) provide

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Florida Attorney General Reports | Filed: Oct 9, 1985 | Docket: 3256312

Published

are expressly excluded from the definition. Section 394.463(1), F.S. (1984 Supp.), in setting forth the

Johnston v. State

466 So. 2d 413, 10 Fla. L. Weekly 844, 1985 Fla. App. LEXIS 13223

District Court of Appeal of Florida | Filed: Apr 2, 1985 | Docket: 64610958

Published

of her involuntary mental examination under Section 394.463(2), Florida Statutes (1983). We affirm. In

LeSavage v. White

755 F.2d 814, 1985 U.S. App. LEXIS 28468

Court of Appeals for the Eleventh Circuit | Filed: Mar 20, 1985 | Docket: 66205010

Published

receiving facility for examination.” Fla. Stat.Ann. § 394.463(2)(a)(2). See Sebastian v. United States, 531

Abdullah v. State

429 So. 2d 1359, 1983 Fla. App. LEXIS 20740

District Court of Appeal of Florida | Filed: Apr 21, 1983 | Docket: 64596489

Published

commitment proceedings were timely begun, Section 394.463(2)(e), Florida Statutes (1981). Formal service

In Re Holland

356 So. 2d 1311

District Court of Appeal of Florida | Filed: Mar 31, 1978 | Docket: 1478822

Published

examination and court-ordered evaluation, Section 394.463(1), (2), Florida Statutes (1975), as well as

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Florida Attorney General Reports | Filed: Apr 9, 1974 | Docket: 3257038

Published

municipal police department. AS TO QUESTION 1: Section 394.463(1)(a), F.S., as amended by s. 6, Ch. 73-133