Arrestable Offenses / Crimes under Fla. Stat. 394.463
CopyCited 141 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 23579, 2009 WL 3417869
under Florida's Mental Health Act, Fla. Stat. § 394-463(1) ("the Baker Act"), because he appeared to them
CopyCited 74 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 3530, 1988 WL 12728
...15 We adopt Florida's statutorily-prescribed procedures to gauge what type of procedural process Burch was due. 8 At the time that Burch was in the appellees' care, Florida law required a certain procedure for the emergency admission of mental health patients. See Fla.Stat. Sec. 394.463(1) (1981) (since amended)....
...Within forty-eight hours of the patient's admission, however, the facility had to (1) release the patient, (2) get his voluntary "express and informed consent to evaluation or treatment," or (3) initiate "a proceeding for court-ordered evaluation or involuntary placement." Id. Sec. 394.463(1)(d)....
...ifficult to see how the State had any more opportunity to provide predeprivation process than did the State in Parratt. As the plurality notes, Florida law establishes certain statutory procedures governing involuntary commitment. See Fla.Stat. Sec. 394.463 (1981) (amended 1984)....
...tside the scope of Parratt." Brief at 12. 1 I assume only that Burch's confinement constituted a deprivation of liberty in the fourteenth amendment sense. The fact that Burch may have been denied the statutory procedures prescribed by Fla.Stat. Sec. 394.463 (1981) (amended 1984) does not implicate any interest cognizable under the fourteenth amendment....
CopyCited 54 times | Published | Court of Appeals for the Eleventh Circuit | 1995 U.S. App. LEXIS 34982, 1995 WL 697092
...friendly, reminding him of "workers at Disney World."
Immediately after his interview with the agents, Barbour met
with Dr. DeCastro, who found him to be suicidal and in need of
immediate treatment. Pursuant to Florida law, Fla.Stat.Ann. §
394.463, Dr....
CopyCited 33 times | Published | Supreme Court of Florida | 2000 WL 1424534
...This factual discrepancy is immaterial for purposes of this decision. [4] The Baker Act, also known as the Florida Mental Health Act, provides in part that "a law enforcement officer shall take a person who appears to meet the criteria for involuntary examination into custody." § 394.463(2)(a)2., Fla....
CopyCited 31 times | Published | Supreme Court of Florida | 2011 WL 2472801
...bers 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. § 394.463, Fla....
...would return the patient to the community as soon as possible, and the least restrictive of the patient's liberty; and that individual dignity and human rights be guaranteed to all persons admitted to mental health facilities or being detained under s. 394.463....
...l conviction and the restitution orders. [2] The Baker Act, also known as the Florida Mental Health Act, provides in part that "a law enforcement officer shall take a person who appears to meet the criteria for involuntary examination into custody." § 394.463(2)(a)(2), Fla....
CopyCited 27 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 226
...to cash them "for [appellee's] own good." The second August 12, 1981 incident also involves Mrs. Emerson and the appellants. Mrs. Emerson petitioned the Circuit Court of St. Johns County for an emergency mental evaluation of the appellee pursuant to Section 394.463, Florida Statutes, advising the deputy clerk of court that appellee was in need of long-term convalescent care and emergency evaluation....
CopyCited 22 times | Published | Florida 5th District Court of Appeal | 1988 WL 10830
...e Civilly-Committed Public Mental Patient and the Right to Aftercare, 4 Fla.State.L.Rev. 232, 238 (1976). [4] 4 Fla.State L.Rev. at 293, 294, quoting Yolles, Mental Health's Homeostatic State: A New Territory, 7 Int'l.J.Psychiatry 327-28 (1969). [5] Section 394.463, Florida Statutes, authorizes an involuntary examination under certain limited circumstances: (1) CRITERIA....
...lity 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 and certificate shall be made a part of the patient's clinical record. § 394.463, Fla....
CopyCited 16 times | Published | District Court, M.D. Florida | 3 Am. Disabilities Cas. (BNA) 1345, 1994 U.S. Dist. LEXIS 15421, 1994 WL 594406
...Plaintiff does not specifically allege that she was unlawfully restrained without color of authority. Instead, Plaintiff argues that she was "Baker Acted" without notice to her representatives by a physician who "falsely represented himself as Plaintiffs employer/physician." Florida Statutes, § 394.463(2)(a)(3) permits commitment by a "physician, psychologist licensed pursuant to chapter 490 ..." who "examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination...." Th...
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 55 U.S.L.W. 2330, 1986 U.S. App. LEXIS 34269
...his favor. See Fundiller v. City of Cooper City,
777 F.2d 1436, 1439 (11th Cir.1985). II. At the time that Burch was in defendants’ care, Florida law mandated a certain procedure for the emergency admission of mental health patients. See Fla.Stat. §
394.463(1) (1981) (amended 1984)....
...5 Within forty-eight hours of the patient’s admission, however, the facility had to release the patient, get his voluntary “express and informed consent to evaluation or treatment,” or initiate “a proceeding for court-ordered evaluation or involuntary placement.” Fla.Stat. § 394.463(l)(d) (1981) (amended 1982)....
...As we stated earlier, at the time of Burch’s confinement Florida had established a system for the involuntary commitment of people with mental disorders. The State had designed its laws to ensure that a person would not be wrongly deprived of his liberty. See Fla.Stat. § 394.463(1) (1981) (amended 1982)....
CopyCited 14 times | Published | Florida 1st District Court of Appeal
...The statutes spell out with particularity the criteria which must be met in order for persons to be eligible for such treatment, [5] and the procedures which must be followed under a variety of circumstances and conditions, including emergency admission (Section
394.463(1)), court-ordered evaluation (Section
394.463(2)), voluntary admissions (Section 394.465), and involuntary hospitalization (Section
394.467)....
...ng persons eligible for services and treatment under the Act into an entirely different evaluation and treatment program. Under the proposed rule, persons who meet the statutory criteria for admission to a receiving facility on emergency conditions (Section 394.463(1)(a)), would first be reviewed or screened by the crisis stabilization unit (or by the emergency service of a community mental health center or clinic), and then referred to treatment on an out-patient or in-patient basis as determined by the crisis stabilization unit (or the emergency service)....
...the prospect that "acute medical emergencies will be managed by minimally skilled lay people in substandard facilities". Our examination of the rules discloses radical departures from the procedures established under the prevailing law. For example, Section 394.463(1)(c), Florida Statutes (1977), provides that a patient who is admitted for emergency examination and treatment by a receiving facility shall be examined by a physician without unnecessary delay, and may be given such treatment as is indicated by good medical practice....
...cal assessment, as well as a "mental status evaluation", may be administered in the intensive residential treatment unit. There is no requirement that a patient be immediately released if hospitalization or further evaluation is not needed, as under Section 394.463(1)(d), Florida Statutes (1977)....
...Finally, I see none of the due process problems envisioned by the majority. As observed in the hearing officer's findings, clients are not admitted directly to such community facilities, but are referred from other facilities, clinics or hospitals, or by court order, as required by the Baker Act. Sections 394.463,.465 and .467 are the heart of the Act and encompass all due process substantive and procedural safeguards for patients referred to HRS mental health facilities....
...Rule 10E-4.12(8)(b)4 refers to rule-making authority under Sections
394.457(5),
394.78(1), (2)(b), and 381.031(1)(g)11, Florida Statutes (1977); and as the laws being implemented, Sections
394.66(1), (2), and
394.457(1), (2), Florida Statutes (1977). [5] Section
394.463, Florida Statutes (1977), subparagraph (1)(a) Criteria: "A person may be admitted to a receiving facility on emergency conditions if there is reason to believe that he is mentally ill and because of his illness is: "1....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 1057, 2011 WL 309411
...because "there is reason to believe that the person has a mental illness and because of his or her mental illness ... [tjhere is a substantial likelihood ... the person will cause serious bodily harm to ... herself or others in the near future ...." § 394.463(1), (l)(b)2, and (2)(a)3, Fla....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit
...examination of an individual whom the officer believes may have a mental illness, is
substantially likely to cause serious bodily harm to himself or others, and refuses a voluntary
examination or is unable to understand the need for an examination. Fla. Stat. § 394.463....
CopyCited 6 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 41579, 2007 WL 1557477
...n because of the plaintiffs long-term mental incapacity (Doc. 17 at 14-15; Doc. 33 at 15). Before commencing this action, on four separate occasions from March 26, 2001, through February 9, 2005, the plaintiff was involuntarily committed pursuant to Section 394.463, Florida Statutes (“the Baker Act”)....
...fessional certifies that the person meets the criteria for involuntary examination, "a law enforcement officer shall take the person ... into custody and deliver him or her to the nearest receiving facility for involuntary examination.” Fla. Stat. § 394.463 (2)(a) (2006)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2002 WL 31115267
...te's jurisdiction); Fla. R.Crim. P. 3.132(a) (permitting state to file motion for pretrial detention, where facts are set forth and state attorney certifies to receiving testimony under oath supporting grounds and essential facts alleged in motion); § 394.463(2), Fla....
CopyCited 4 times | Published | District Court, S.D. Florida | 2001 WL 603530
...Florida law also provides a mechanism for the involuntary commitment of the mentally ill, commonly referred to as the Baker Act. See FLA. STAT. §§
394.451 et seq. The Act protects the rights of those committed to mental institutions against their will by requiring a competency evaluation within 72 hours. See §
394.463. The Act mandates such an evaluation, even for patients who are unable to make a determination that evaluation is necessary. See §
394.463(1)(a)....
CopyCited 4 times | Published | District Court, N.D. Florida | 2000 U.S. Dist. LEXIS 10969, 2000 WL 1092987
...Plaintiff originally filed this action against John Heer, Baptist Hospital, Morris Eady, Lakeview Center, Inc., Sheriff Jim Lowman and Governor Jeb Bush alleging violations of his civil rights pursuant to 42 U.S.C. § 1983. [2] Plaintiff also seeks a *1274 declaratory judgment which declares section 394.463(2)(a) of the Baker Act unconstitutional on its face and as applied (doc....
CopyCited 3 times | Published | District Court, S.D. Florida | 2001 U.S. Dist. LEXIS 23067, 2001 WL 1408481
...the ambulance for a psychiatric evaluation. See id. at 25-26. The officers dispute Byron's voluntariness, and contend that his transport was the result of the commencement of an involuntary commitment proceeding under Florida's Baker Act, FLA.STAT. § 394.463....
...ffered from neglect which posed a "real and present threat of substantial harm" to Byron's well-being, or that Byron would have caused "serious bodily harm to himself [] or others in the near future, as evidenced by [his] recent behavior." FLA.STAT. § 394.463(1)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2386
...hat defendant William J. Winter, acting in concert with, and at the instigation of, Adele Winter, Ronald Alderman and Mary Ann Alderman, commenced the civil proceeding resulting in the involuntary detention and examination of Pellegrini, pursuant to section 394.463, Florida Statutes (1983), which is part of the Baker Act....
...thus did not result in a determination in favor of Pellegrini, as required. Pellegrini, however, contends that that motion was merely the initial phase of a proceeding which had as its ultimate purpose his commitment. The statute herein concerned is section 394.463, Florida Statutes (1983), which provides in pertinent part: 394.463 Involuntary examination....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2007 WL 911879
...applied to the Baker Act, which provides for involuntary commitment of a person who is mentally ill and there is "a substantial likelihood that without care or treatment the person will cause serious bodily harm . . . to others in the near future." § 394.463, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 10774, 2016 WL 3745378
...ness and because of his or her mental illness ... “[tjhere is a substantial likelihood that without care dr treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.” § 394.463(1), (l)(b)2., Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2007 WL 412431
...al employee in a hospital surrounding amounts to medical malpractice."). Respondent alleges ordinary negligence in petitioner's release of respondent's daughter in violation of mandatory and non-discretionary requirements of Florida's Baker Act. See § 394.463(2)(f), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2008 WL 5100559
...h treatment for a period of six months. Although we find L.P.'s claims of error to be moot, we write to address one issue which is likely to recur. A notice of petition for involuntary placement was filed by the State with regard to L.P. pursuant to section 394.463, Florida Statutes (2007), Florida's Mental Health Act (commonly referred to as the Baker Act)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2007 WL 2189111
...The Directive specifically provided that the circuit court for Palm Beach County was a court of competent jurisdiction to appoint a guardian. On October 6, 2006, Betty's other son, Luke, executed a petition for involuntary examination of his mother under section 394.463, Florida Statutes....
CopyCited 2 times | Published | District Court, S.D. Florida | 2001 U.S. Dist. LEXIS 23089, 2001 WL 1408478
...the ambulance for a psychiatric evaluation. See id. at 25-26. The officers dispute Byron's voluntariness, and contend that his transport was the result of the commencement of an involuntary commitment proceeding under Florida's Baker Act, FLA.STAT. § 394.463....
...ffered from neglect which posed a "real and present threat of substantial harm" to Byron's well-being, or that Byron would have caused "serious bodily harm to himself [] or others in the near future, as evidenced by [his] recent behavior." FLA.STAT. § 394.463( l )....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
admitted for involuntary examination under section
394.463(2)(a)(2), Florida Statutes (2017) ("Baker Act")
CopyCited 2 times | Published | District Court, S.D. Florida
...2, 13-15). The Florida Mental Health Act, commonly known as the Baker Act, allows for the involuntary institutionalization and examination of an individual. Judges, law enforcement, physicians, and mental health professionals can initiate the process. § 394.463, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 WL 3822192, 2012 Fla. App. LEXIS 14753
...elf or others in the near future, and if certain other prerequisites are met, the "Baker Act” authorizes law enforcement officers to take that person into custody and deliver the person to a facility for an involuntary psychiatric examination. See § 394.463, Fla....
CopyCited 1 times | Published | District Court, S.D. Florida
...hurt himself. On that day, Plaintiff twice called 911 for help with Ricky-the first time, the *1086 Deputies left without taking Ricky into custody for an involuntary examination pursuant to Florida's Mental Health Act (the "Baker Act"), Fla. Stat. § 394.463 ....
...(DE 31 ¶¶ 6-17). Count 2 states an excessive force claim under 42 U.S.C. § 1983 against Deputy Fennell, with damages requested pursuant to Florida's Wrongful Death Act. ( Id. ¶¶ 18-30 ). A. The Baker Act Florida's Mental Health Act, Fla. Stat. § 394.463 , frequently known as the Baker Act, was passed into law in 1971....
...It "substantially strengthened the due process and civil rights of persons in mental health facilities." Id. The Baker Act provides that people suffering from mental health issues can only be subject to an involuntary examination if they meet certain criteria. See Fla. Stat. § 394.463 (1)....
...rself or others in the near future, as evidenced by recent behavior. Id. In addition, the Baker Act contains very specific procedural mechanisms by which an individual who meets the relevant criteria can be subject to an involuntary examination. Id. § 394.463(2)(a)....
...The Baker Act itself, which allows for involuntary examinations of individuals who are substantially likely to cause "serious bodily harm to himself or herself or others ," demonstrates that such decisions are made at least in part for the purpose of protecting public safety. Fla. Stat. § 394.463 (1)(b)(2)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1998 WL 315128
...Under Heidrick, once the charges against the defendant have been dismissed, the committing court lacks jurisdiction to order the continued involuntary hospitalization of the defendant. However, consistent with our holding in Heidrick and pursuant to section 394.463(2)(a)1, Florida Statutes (1997), the trial court has the authority to order an involuntary examination of the defendant under the Baker Act....
...An involuntary examination may be initiated by any one of the following means: 1. A court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination, giving the findings on which that conclusion is based. § 394.463(2)(a)1, Fla. Stat. (1997). On remand, we direct the trial court to implement forthwith that portion of its order that defendant undergo an involuntary examination pursuant to section 394.463(2)(a)1....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1953020
...or placed that [family member] in a reasonable fear of imminent danger, is a serious finding of fact that can have many unintended collateral consequences."). Reversed. STRINGER, J., and HARRIS, CHARLES M., Associate Senior Judge, Concur. NOTES [1] § 394.463, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 Fla. App. LEXIS 11990, 2013 WL 3924088
...Appellant, Joe Collins, appeals a final judgment and sentence entered after he pled no contest to possession of cocaine and drug paraphernalia. Appellant moved to suppress the drug evidence, which was seized while the police were taking him into custody under the Florida Mental Health Act, or Baker Act, section 394.463, Florida Statutes (2010)....
...State,
51 So.3d 1181 (Fla. 2d DCA 2010). Both cases, however, concern Florida’s truancy statute, Chapter
984.13, Florida Statutes (2007), and do not involve a search conducted during a detention pursuant to the Florida Mental Health Act, Chapter
394.463, Florida Statutes (2010)....
...illness and because of his or her mental illness ... [t]here 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.” § 394.463(1), (l)(b)2„ Fla....
...the Baker Act.” Id. However, the court held that, even if there had been evidence of a violation of local policy, suppression of the evidence or statements would not have been warranted because the exclusionary rule does not apply to violations of section 394.463, Florida Statutes, “unless a constitutional violation has also occurred.” Id....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 2010842
...rs to meet the criteria for involuntary examination into custody. Lukehart v. State,
776 So.2d 906, 914 n. 4 (Fla.2000), cert. denied,
533 U.S. 934,
121 S.Ct. 2561,
150 L.Ed.2d 726 (2001). The criteria for an involuntary examination are set forth in section
394.463(1), Florida Statutes (as amended effective Jan....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2012 WL 407151, 2012 Fla. App. LEXIS 1936
...suffering from mental illness. On July 13, 2011, the trial court entered an order granting DCF’s motion to intervene and vacating its June 24, 2011 order. On August 2, 2011, the trial court entered an order for involuntary examination pursuant to section 394.463....
...Furthermore, given the lack of an eviden-tiary hearing, it is clear that the trial court’s October 10, 2011 order involuntarily committing Bronson to DCF’s custody was not supported by clear and convincing evidence. PETITION FOR WRIT OF CERTIO-RARI GRANTED; ORDER QUASHED. LAWSON and JACOBUS, JJ., concur. . Section 394.463 authorizes a trial court to enter an ex parte order for the involuntary examination of an individual where there is reason to believe, based on sworn testimony, that the individual has a mental illness and because of his or her mental illness: (a)l....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1992 WL 372244
...CURRY, CHARLES B., Associate Judge. Appellant, Horizon Hospital, challenges an order of release entered after the trial court granted appellee's petition for a writ of habeas corpus. Appellant contends that the trial court incorrectly interpreted sections 394.463(2)(c) and (d), Florida Statutes (1991), which concern the procedures for involuntary psychological examination....
...al had failed to file a petition for involuntary placement within 72 hours of appellee's entry into the facility. The trial court issued the writ and ordered appellee's release. In the order of release the trial court ruled that pursuant to sections 394.463(2)(c) and (d), Florida Statutes (1991), the hospital was required to execute and file the petition for involuntary placement within the 72 hour period. Section 394.463(2)(c) provides that a patient may be detained at a receiving facility for involuntary examination "no longer than 72 hours." Section 394.463(2)(d)4 provides that "within the examination period ......
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1990 WL 110292
...ation of whether the defendant meets the criteria for involuntary commitment pursuant to "The Baker Act." (e.s.) The county judge simultaneously filed in the circuit court a petition for involuntary examination on ex parte order "pursuant to chapter 394.463(2)(a)1," requesting that a law enforcement officer take appellant into custody and deliver him to the nearest receiving facility for examination and care....
...re himself or others," and the judge's consideration of the 9/20/89 psychological report recommending continued care. An order was immediately entered in the circuit court granting the request for an involuntary examination of appellant, pursuant to section 394.463(2)(a)1....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1995 WL 509240
...One day prior to the hearings, December 15, 1993, the special assistant public defender filed four habeas corpus petitions naming the hospital as respondent, alleging that the patients had been transported to the hospital's facility by someone other than a law enforcement agency in direct violation of section 394.463, under which the patients were being involuntarily held and that, therefore, their confinement was unlawful....
...e to a hospital [sic], which may not be the nearest hospital, especially when the same private party executed the certificate of involuntary examination... . The special assistant public defender asserted that this practice was in clear violation of section 394.463, governing involuntary examinations....
...shall provide a plan as to how transportation services on a countywide basis will be provided and the date such services will be operational. The trial court also ordered that: Any person initiating a certificate or other document which is used to initiate an involuntary examination pursuant to either §§ 394.463(2) and (3), F.S....
...State Attorney's Office, Office of the Attorney General" to brief it on the following proposals relative to Baker Act proceedings and procedures: 1. All certificates, pleadings or actions of any kind seeking an involuntary examination pursuant to §§ 394.463(1) and (3) F.S....
...Each patient admitted to a facility for involuntary placement shall receive a written notice of 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...
...An administrative order is defined as one necessary to administer properly the court's affairs. See rule 2.020(c); Upchurch,
394 So.2d at 579. To require a trial court order before a patient could be transported for *340 involuntary examination would essentially amend or alter section
394.463(2)(b), which as written appears to allow a patient to be transported for involuntary examination upon a "certificate by an authorized professional." It would be a long stretch to label this order as an administrative order....
...acts of this case, as a proper judicial inquiry under section
394.459(10). We accordingly grant prohibition to prevent this additional inquiry beyond the scope of the trial court's jurisdiction. DELL and KLEIN, JJ., concur. NOTES [1] Florida Statute
394.463(2) reads, in pertinent part: (a) Initiation of involuntary examination....
CopyCited 1 times | Published | District Court, M.D. Florida | 2008 U.S. Dist. LEXIS 63923, 2008 WL 3889733
...The person is unable to determine for himself or herself whether examination is necessary; and (b) .... 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. Fla. Stat. § 394.463(1)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2017 Fla. App. LEXIS 5103
...See §
394.467(1)(a), Fla. Stat. (2016); In re Lehrke,
12 So.3d 307, 308-09 (Fla. 2d DCA 2009) (citing Blue v. State,
764 So.2d 697, 698 (Fla. 1st DCA 2000)). No motion for rehearing will be entertained. PETITION GRANTED. PALMER, BERGER and EDWARDS, JJ., concur. . §
394.463(2)(a)3., Fla....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 13505, 2015 WL 5245134
...“Hence, we can overturn this
discretionary ruling only upon a conclusion that no judge could
reasonably have ordered such an evaluation.” Gordon v. Smith,
615 So.
2d 843, 844 (Fla. 4th DCA 1993) (citing Pariser,
601 So. 2d at 292).
The record evidence, including Jonathan’s involuntary hospitalization
under section
394.463, Florida Statutes (2014), also called the “Baker
Act,” demonstrated that his mental condition was in controversy and
good cause was shown to compel his evaluation....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 12775, 2002 WL 2009793
...If the court concludes that Reyes can be civilly committed, the court will then enter an order stating that Reyes meets the criteria for involuntary examination and this order will initiate the involuntary examination proceedings including the appropriate notice and hearing procedures. See § 394.463(2)(a)(l), Fla....
...or may order that the defendant receive outpatient treatment at any facility or service on an outpatient basis subject to the provisions of those statutes. (Emphasis added). . See Committee Notes to Rule 3.213, Florida Rules of Criminal Procedure. . Section 394.463(2)(a), Florida Statutes (2001), provides: "An involuntary examination may be initiated by any one of the following means: 1....
CopyPublished | Florida 2nd District Court of Appeal
receiving facility for involuntary examination. §
394.463. If the facility administrator timely files a
CopyPublished | Florida 5th District Court of Appeal | 14 Fla. L. Weekly 2304, 1989 Fla. App. LEXIS 5266, 1989 WL 111529
...consideration of the defendant’s motion for summary judgment. The motion was granted based upon the absence of any proof of the third element, i.e., that there was not a bona fide termination of the involuntary commitment in favor of Pelle-grini. Section 394.463(2)(b) and (c), Florida Statutes (1983) provide in pertinent part: (b) Examination —A patient may be detained at a receiving facility for involuntary examination no longer than 72 hours....
...an outpatient and he was discharged December 31, 1983 with a final diagnosis of Bipolar Affective Disorder, Mixed 29.690. 2 Thus, his discharge was pursuant to paragraph (c)2 of the statute. We hold as a matter of law that a disposition pursuant to section 394.463(2)(c)2 of the Baker Act is not a bona fide termination in favor of the appellant....
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
are expressly excluded from the definition. Section
394.463(1), F.S. (1984 Supp.), in setting forth the
CopyPublished | Court of Appeals for the Eleventh Circuit
...The Florida Mental Health Act of 1971, or Baker Act, permits the involuntary examination for up to 72 hours of an individual where the person (1) is or is likely to be a harm to others or self or to be self-neglectful, and (2) has refused voluntary examination or is not competent to consent to examination. See Fla. Stat. § 394.463 (2013)....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 16838, 2011 WL 5041903
...ellee. CLARK, J. W. Frank Wells Nursing Home ("the nursing home") appeals the final order of the Agency for Health Care Administration ("AHCA") upholding the Notice of Deficiencies and class III citation issued to the nursing home for a violation of section 394.463(2), Florida Statutes. Because the undisputed facts fail to establish that a violation of section 394.463(2) occurred, the agency's final action must be set aside....
...emergency room. There, the emergency room physician evaluated the nursing home resident's condition and determined that further evaluation by a professional from Northeast Florida State Hospital was needed. At this point, the procedures required by section 394.463(2)(b) were undertaken: a mental health professional from NEFSH was called to the hospital to examine the resident and the attending physician was again contacted by telephone and issued a second verbal order, this time directing staff to "Transfer resident to NEFSH." The nursing home resident was transported to the State Hospital later that evening. Section 394.463(2)(b), Florida Statutes, prohibits nursing homes and assisted living facilities from removing residents and transporting them "to a receiving facility for involuntary examination" without first obtaining "an ex parte order, a professi...
...ere was no question of fact in this case that the nursing home resident was taken from the nursing home area of the facility to the hospital area before any of the listed documents was prepared. However, this movement of the resident did not trigger section 394.463(2)(b) because the resident was not discharged from the nursing home or otherwise removed from resident status at this point....
...f an individual qualifies for involuntary inpatient treatment under s.
394.467(1)." The "mental evaluation" first ordered by the attending physician was not equivalent to the "involuntary examination" described in section
394.455(34) and governed by section
394.463. The undisputed facts showing that the procedures required by section
394.463 were followed later that evening, resulting in the resident's transport NEFSH (the only designated receiving facility in the county), reinforce the nursing home's position that it did not commit any violation of section
394.463(2)....
...ain reasons after appropriate procedures are followed. §§
400.022 &
400.0255, Fla. Stat. However, in light of the circumstances and undisputed facts of this case, the agency's final order upholding the citation of the nursing home for violation of section
394.463 is a clearly erroneous application of section
394.463(2) to those facts....
CopyPublished | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 10514, 1991 WL 211261
...oral Gables is not liable as a matter of law, under any of the causes of action pled herein, for the act of its police officers in taking the plaintiff in custody from Doctors Hospital based on Dr. Lewis’ facially valid, executed certificate under Section 394.463(l)(b)(3), Florida Statutes (1981), and thereafter transporting the plaintiff to a mental health facility because the police had no discretion to refuse to do so under the above statute upon presentation of the facially valid certificate....
...denied,
354 So.2d 985 (Fla.1977) with Everett v. Florida Inst. of Technology, 503 So.2d *950 1382 (Fla. 5th DCA), appeal dismissed,
511 So.2d 998 (Fla.1987). See Trushin v. State,
475 So.2d 1290, 1292 (Fla. 3d DCA 1985), rev. denied,
486 So.2d 598 (Fla.1986); §
394.463(1)(b), Fla.Stat....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
...9 North Post Office Drawer 1578 Palatka, Florida 32178-1578 Dear Sheriff Douglas: You have asked for my opinion on substantially the following question: In the absence of an ex parte order or a certificate from an authorized professional pursuant to section 394.463 (2), Florida Statutes, what entity within a county is responsible for the transportation of a Baker Act patient to the nearest receiving facility when the patient is taken into custody by a law enforcement agency? In sum: The answer t...
...ly appropriate and most likely to facilitate the person's return to the community as soon as possible; and that individual dignity and human rights be guaranteed to all persons who are admitted to mental health facilities or who are being held under s. 394.463 ....
...Stat., which mandates that "[t]he nearest receiving facility must accept persons brought by law enforcement officers for involuntary examination." 7 See, e.g., Holly v. Auld,
450 So.2d 217 , 219 (Fla. 1984); Osborne v. Simpson,
114 So. 543 , 544 (Fla. 1927). 8 And see , s.
394.463 (2), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 4525772
...Where such treatment becomes long-term, administrative hearings are required. In this case, the circuit court properly exercised its concurrent jurisdiction to re-visit its initial order for short-term commitment. Accordingly, we affirm. AFFIRMED. MONACO, J., and EARP, J., Associate Judge, concur. NOTES [1] Section 394.463, Florida Statutes (2007), provides that a person may be taken to a receiving facility for psychiatric evaluation where it is suspected that the person suffers mental illness and may need treatment....
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 15416
...Where such treatment becomes long-term, administrative hearings are required. In this case, the circuit court properly exercised its concurrent jurisdiction to re-visit its initial order for short-term commitment. Accordingly, we affirm. AFFIRMED. MONACO, J., and EARP, J., Associate Judge, concur. . Section 394.463, Florida Statutes (2007), provides that a person may be taken to a receiving facility for psychiatric evaluation where it is suspected that the person suffers mental illness and may need treatment....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
health facilities or being detained under section
394.463, Florida Statutes.5 The Department of Children
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...to transport such person as law enforcement officers. Part I, Chapter 394 , Florida Statutes, is "The Baker Act," 1 Florida's mental health act, and provides for voluntary or involuntary examination and treatment of mentally ill persons. Pursuant to section 394.463 (1), Florida Statutes, a person may be taken to a receiving facility 2 for involuntary examination if there is reason to believe that he or she is mentally ill and because of that mental illness has refused voluntary examination or is unable to determine for himself or herself whether examination is necessary....
...there is substantial likelihood that without care or treatment serious bodily harm to that person or others may result in the near future as evidenced by recent behavior. 3 An involuntary examination may be initiated under a number of circumstances. Section 394.463 (2)(a)2., Florida Statutes, provides in part: "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 the nearest receiving facility for examination....
...Stat., defines a "[r]eceiving facility" as "any public or private facility designated by the department to receive and hold involuntary patients under emergency conditions or for psychiatric evaluation and to provide short-term treatment. The term does not include a county jail." 3 Section 394.463 (1)(b), Fla....
...ined and includes all medical records, progress notes, charts, and admission and discharge data, and all other information recorded by a facility which pertains to the patient's hospitalization and treatment." See , s.
394.455 (3), Fla. Stat. 5 See, s.
394.463 (2)(a)1....
...ent officer, may be designated to transport the person to the nearest receiving agency. Id . If a member of a mental health overlay program or a mobile crisis response service is a professional authorized to initiate an involuntary examination under s. 394.463 , Fla....
...exceptions to the statute. 9 Section
394.455 (16), Fla. Stat. 10
721 So.2d 1170 , 1172-1173 (Fla. 1998). 11 And see, Op. Att'y Gen. Fla. 74-39 (1974) (neither a United States marshal nor his deputy is a law enforcement officer within the meaning of s.
394.463 , Fla....
CopyPublished | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 160207
...DONE AND ORDERED in Chambers at Miami, Florida, this 30th day of November, 2015. . The Baker Act is a Florida mental health law which allows a person to be taken to a facility for involuntary examination if certain conditions are met. See Fla.Stat. § 394.463....
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
involuntary examination period established in section
394.463(2), Florida Statutes (1996 Supplement), for
CopyPublished | Florida 5th District Court of Appeal
...t he was a danger to himself or others) (citing §
394.467(1)(a), Fla. Stat. (2016) ; In re Lehrke ,
12 So.3d 307 , 308-09 (Fla. 2d DCA 2009) ). No motion for rehearing will be entertained. PETITION GRANTED. EVANDER, WALLIS and EDWARDS, JJ., concur. §
394.463(2)(a)3., Fla....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
patient for involuntary evaluation pursuant to section
394.463, Florida Statutes? As you note, the Department
CopyPublished | Florida 5th District Court of Appeal
...confinement at the Halifax Health Medical Center (Medical Center) in Daytona Beach,
Florida. In May 2018, pursuant to the Baker Act, 1 L.G. was admitted to the Medical Center
for involuntary examination. On May 24, 2018, the trial court held a Baker Act hearing.
1 § 394.463(2)(a)3., Fla....
CopyPublished | Florida 3rd District Court of Appeal
...s strong evidence to us that the legislature had no intent to grant such a right to patients. In fact, the Baker Act contains detailed procedures for the admission and retention of patients pending emergency examination and court-ordered evaluation, Section 394.463(1), (2), Florida Statutes (1975), as well as pending proceedings for involuntary hospitalization....
CopyPublished | Florida 5th District Court of Appeal | 1994 WL 84179
...Swartwood, of Taraska, Grower, Unger & Ketcham, P.A., Orlando, for appellee. GRIFFIN, Judge. David W. Hedrick ("Hedrick") has appealed the denial of his petition for writ of habeas corpus below, challenging the cause and legality of his involuntary commitment for examination under section 394.463, Florida Statutes (1991)....
...Bernstein's testimony disclosed no factual basis for a belief that "without care or treatment he [was] likely to suffer from neglect or refusal to care for himself; such neglect or refusal pos[ing] a real and present threat of substantial harm to [Hedrick's] well-being" as required by section 394.463(1)(b)1, Florida Statutes (1993)....
CopyPublished | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 61086, 2011 WL 2222141
...The Government has failed to meet its burden of showing the lawfulness of the warrantless entry into the screened enclosure by the officers. B. Baker Act The Defendant asserts that Deputy Iriarte has insufficient grounds to Baker Act the Defendant. Pursuant to Fla. Stat. § 394.463, under the Baker Act (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....
CopyPublished | Florida 5th District Court of Appeal
...(2017).
that Petitioner was entitled to immediate relief, we granted the petition by unpublished
order and stated that an opinion would follow to explain our decision.
Petitioner was admitted for involuntary examination under section
394.463(2)(a)(2), Florida Statutes (2017) (“Baker Act”), where Dr....
CopyPublished | Court of Appeals for the Eleventh Circuit
...ve that the person has a mental illness and
because of his or her mental illness . . . [t]here is a substantial likelihood that without care or
treatment the person will cause serious bodily harm to himself or herself or others . . . .” Fla.
Stat. § 394.463(1)(b)(2).
3
Case: 13-14396 Date Filed: 07/08/2015 Page: 4 of 32
the Sheriff’s Office had dealt with the younger Weiland; in fact, he had been
“Baker Acted...
CopyPublished | Court of Appeals for the Eleventh Circuit
...Khoury’s claims relate to an incident involving Officer
Williams—a School Board Police Officer—who characterized Khoury as being a
danger to herself or others, detained her, and committed her for an involuntary
mental health examination under Florida’s Baker Act, Fla. Stat. § 394.463....
...mental illness and because of . . . her mental illness . . . [t]here is a substantial
likelihood that without care or treatment the person will cause serious bodily harm
to . . . herself or others in the near future, as evidenced by recent behavior.” Fla.
Stat. § 394.463(1)(b)(2) (emphases added)....
...The Baker Act provides that an officer “shall take a person who appears to meet the
criteria for involuntary examination into custody and deliver the person or have . . . her delivered
to an appropriate, or the nearest, facility . . . for examination.” Fla. Stat. § 394.463(2)(a)(2).
14
USCA11 Case: 18-11430 Date Filed: 07/07/2021 Page: 15 of 31
In this case, Officer Williams arrived at the scene as a result of a 911 call.
When he arrived, he was told Ms....
...City of Nahunta,
846 F.3d 1320, 1327–28 (11th Cir. 2017) (“In
the context of a mental-health seizure, . . . the Fourth Amendment requires the
officer to have probable cause to believe the person is dangerous either to h[er]self
or to others.” (quotation marks omitted)); Fla. Stat. §
394.463(1)(b)(2).
Because the District Court weighed testimony and made credibility
determinations, it erroneously found that Officer Williams had arguable probable
cause to detain Ms....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 90, 2000 WL 6125
...In the instant case, the trial judge found that the initial detention was justified by the Florida Mental Health Act, Chapter 394, Florida Statutes (1997). At the time of the initial detention, Thomas was covered in blood, had some type of head injury, was speaking incoherently, and flailing his arms in an irrational manner. Section 394.463(1), Florida Statutes, provides: A person may be taken to a receiving facility for involuntary examination if there is reason to believe that he or she *365 is mentally ill and because of his or her mental illness: [[Image here]] (b)l....
...the officers and of Thomas. At that point, the officers apparently decided to initiate criminal charges against Thomas rather than to proceed with involuntary examination pursuant to the Baker Act. AFFIRMED. PETERSON and GRIFFIN, JJ., concur. . See § 394.463, Fla....
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
treatment of mentally ill persons. Pursuant to section
394.463(1), Florida Statutes, a person may be taken
CopyPublished | Florida 4th District Court of Appeal
involuntary examination under the Baker Act. See §
394.463(1)(b)2., Fla. Stat. (2021) (allowing a mentally
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 18372
...treatment for a period of six months. Although we find L.P.’s claims of error to be moot, we write to address one issue which is likely to recur. A notice of petition for involuntary placement was filed by the State with regard to L.P. pursuant to section 394.463, Florida Statutes (2007), Florida’s Mental Health Act (commonly referred to as the Baker Act)....
CopyPublished | Florida 4th District Court of Appeal
...We agree and reverse the order of commitment.
Background
Ross’s mother, with whom Ross resided, became concerned about
“peculiar” behavior that Ross reportedly exhibited at home. Consequently,
Ross was taken to the Center for “involuntary examination” pursuant to
section 394.463, Florida Statutes (2022)....
CopyPublished | Supreme Court of Florida
...expressed its concern for the
safety of Garcia and of the community and revoked Garcia’s bond.
He would await retrial on his arson charge in jail. While there, as
the trial court would later learn, his threatening conduct continued.
2. Section 394.463, Florida Statutes, allows a law
enforcement officer to take into custody and deliver to an
appropriate facility any person displaying specified signs of mental
illness, including signs that “[t]here is a substantial likelihood that
without care or treatment the person will cause serious bodily harm
to himself or others in the near future.” § 394.463(1)(b)(2), Fla.
Stat....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
...would return the patient to the community as soon as possible, and the least restrictive of the patient's liberty; and that individual dignity and human rights be guaranteed to all persons admitted to mental health facilities or being detained under s. 394.463 ....
...ild services, research, and training. 3 In order to carry out its responsibilities, HRS may contract to provide, and be provided with, services and facilities with, among others, public and private hospitals, clinics, counties, and municipalities. 4 Section 394.463 , F.S....
...s taken to a receiving facility and specified sources for reimbursement are not available. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section
394.453 (1)(a), F.S. 2 Id. 3 Section
394.457 (2), F.S. 4 See, s.
394.457 (3), F.S. 5 See, ss.
394.463 (1) and (2), F.S....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
initiated under a number of circumstances. Section
394.463(2)(a)2., F.S. (1992 Supp.), provides that:
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 10310, 2000 WL 1152447
..., Prozac. However, Trainor also sought to admit into evidence the victim’s Charter Hospital records, where he was apparently treated pursuant to the Baker Act, and the victim’s other mental health records associated with the hospitalization. See § 394.463, Fla....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
municipal police department. AS TO QUESTION 1: Section
394.463(1)(a), F.S., as amended by s. 6, Ch. 73-133
CopyPublished | Florida 2nd District Court of Appeal
...presiding
judge that Mr. Schofield was unlikely to regain competency in the foreseeable future.
The letter further indicated that Mr. Schofield's "recovery team" was of the opinion that
he would meet the criteria for involuntary examination under section 394.463, Florida
Statutes (2016), of the Baker Act....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 20740
...Abdullah appeals his involuntary civil commitment under the Baker Act. We affirm. *1360 Abdullah argues that he did not receive timely hearings. He was confined for examination pursuant to a court order on 2 December 1981. On 7 December, involuntary commitment proceedings were timely begun, Section 394.463(2)(e), Florida Statutes (1981)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 844, 1985 Fla. App. LEXIS 13223
ERVIN, Chief Judge. This is an appeal from an order denying appellant’s motion for expungement of her involuntary mental examination under Section 394.463(2), Florida Statutes (1983)....
...In April 1983, appellant’s brother-in-law petitioned the circuit court for an involuntary mental examination of appellant. After an ex-parte hearing, during which appellant’s brother-in-law testified and her sister spoke with the court over the telephone, the court issued an order of involuntary examination. See Section 394.463, Florida Statutes (1983)....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Dec 5, 2023
under Florida’s Baker Act, see Fla. Stat. §
394.463, and felt a sense of urgency because he knew
CopyPublished | Florida 5th District Court of Appeal | 2017 WL 1372097, 2017 Fla. App. LEXIS 5110
...attorney in
preparing a defense. Dr. Prichard concurred with Dr. Danziger's assessment. The trial
court adjudicated Rumph incompetent to proceed on November 7, 2012, and Rumph was
placed at the Florida State Hospital for treatment.
1 § 394.463(2)(a)2., Fla....
CopyPublished | Florida 5th District Court of Appeal
...confinement at the Halifax Health Medical Center ("Medical Center") in Daytona Beach,
Florida. C.W. was admitted to the Medical Center for involuntary examination under the
Baker Act 1 on February 11, 2017. At a hearing held on February 17, 2017, the circuit
1 § 394.463(2)(a)3., Fla....
