Florida Statute 394.467 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

View Entire Chapter

F.S. 394.467

¹394.467 Involuntary inpatient placement and involuntary outpatient services.—

(1) DEFINITIONS.—As used in this section, the term:

(a) “Court” means a circuit court or, for commitments only to involuntary outpatient services as defined in ²s. 394.4655, a county court.

(b) “Involuntary inpatient placement” means placement in a secure receiving or treatment facility providing stabilization and treatment services to a person 18 years of age or older who does not voluntarily consent to services under this chapter, or a minor who does not voluntarily assent to services under this chapter.

(c) “Involuntary outpatient services” means services provided in the community to a person who does not voluntarily consent to or participate in services under this chapter.

(d) “Services plan” means an individualized plan detailing the recommended behavioral health services and supports based on a thorough assessment of the needs of the patient, to safeguard and enhance the patient’s health and well-being in the community.

(2) CRITERIA FOR INVOLUNTARY SERVICES.—A person may be ordered by a court to be provided involuntary services upon a finding of the court, by clear and convincing evidence, that the person meets the following criteria:

(a) Involuntary outpatient services.—A person ordered to involuntary outpatient services must meet the following criteria:

1. The person has a mental illness and, because of his or her mental illness:

a. He or she is unlikely to voluntarily participate in a recommended services plan and has refused voluntary services for treatment after sufficient and conscientious explanation and disclosure of why the services are necessary; or

b. Is unable to determine for himself or herself whether services are necessary.

2. The person is unlikely to survive safely in the community without supervision, based on a clinical determination.

3. The person has a history of lack of compliance with treatment for mental illness.

4. In view of the person’s treatment history and current behavior, the person is in need of involuntary outpatient services in order to prevent a relapse or deterioration that would be likely to result in serious bodily harm to himself or herself or others, or a substantial harm to his or her well-being as set forth in s. 394.463(1).

5. It is likely that the person will benefit from involuntary outpatient services.

6. All available less restrictive alternatives that would offer an opportunity for improvement of the person’s condition have been deemed to be inappropriate or unavailable.

(b) Involuntary inpatient placement.—A person ordered to involuntary inpatient placement must meet the following criteria:

1. The person has a mental illness and, because of his or her mental illness:

a. He or she has refused voluntary inpatient placement for treatment after sufficient and conscientious explanation and disclosure of the purpose of treatment; or

b. Is unable to determine for himself or herself whether inpatient placement is necessary; and

2.a. He or she is incapable of surviving alone or with the help of willing, able, and responsible family or friends, including available alternative services, and, without treatment, is likely to suffer from neglect or refuse to care for himself or herself, and such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; or

b. Without treatment, there is a substantial likelihood that in the near future the person will inflict serious bodily harm on self or others, as evidenced by recent behavior causing, attempting to cause, or threatening to cause such harm; and

3. All available less restrictive treatment alternatives that would offer an opportunity for improvement of the person’s condition have been deemed to be inappropriate or unavailable.

(3) RECOMMENDATION FOR INVOLUNTARY SERVICES AND TREATMENT.—A patient may be recommended for involuntary inpatient placement, involuntary outpatient services, or a combination of both.

(a) A patient may be retained by the facility that examined the patient for involuntary services until the completion of the patient’s court hearing upon the recommendation of the administrator of the facility where the patient has been examined and after adherence to the notice and hearing procedures provided in s. 394.4599. However, if a patient who is being recommended for only involuntary outpatient services has been stabilized and no longer meets the criteria for involuntary examination pursuant to s. 394.463(1), the patient must be released from the facility while awaiting the hearing for involuntary outpatient services.

(b) The recommendation that the involuntary services criteria reasonably appear to have been met must be supported by the opinion of a psychiatrist and the second opinion of a clinical psychologist with at least 3 years of clinical experience, another psychiatrist, or a psychiatric nurse practicing within the framework of an established protocol with a psychiatrist, who personally examined the patient. For involuntary inpatient placement, the patient must have been examined within the preceding 72 hours. For involuntary outpatient services, the patient must have been examined within the preceding 30 days.

(c) If a psychiatrist, a clinical psychologist with at least 3 years of clinical experience, or a psychiatric nurse practicing within the framework of an established protocol with a psychiatrist is not available to provide a second opinion, the petitioner must certify as such and the second opinion may be provided by a licensed physician who has postgraduate training and experience in diagnosis and treatment of mental illness, a clinical psychologist with less than 3 years of clinical experience, or a psychiatric nurse.

(d) Any opinion authorized in this subsection may be conducted through a face-to-face or in-person examination, or by electronic means. Recommendations for involuntary services must be entered on a petition for involuntary services, which shall be made a part of the patient’s clinical record. The filing of the petition authorizes the facility to retain the patient pending transfer to a treatment facility or completion of a hearing.

(4) PETITION FOR INVOLUNTARY SERVICES.—

(a) A petition for involuntary services may be filed by:

1. The administrator of a receiving facility;

2. The administrator of a treatment facility; or

3. A service provider who is treating the person being petitioned.

(b) A petition for involuntary inpatient placement, or inpatient placement followed by outpatient services, must be filed in the court in the county where the patient is located.

(c) A petition for involuntary outpatient services must be filed in the county where the patient is located, unless the patient is being placed from a state treatment facility, in which case the petition must be filed in the county where the patient will reside.

(d)1. The petitioner must state in the petition:

a. Whether the petitioner is recommending inpatient placement, outpatient services, or both.

b. The length of time recommended for each type of involuntary services.

c. The reasons for the recommendation.

2. If recommending involuntary outpatient services, or a combination of involuntary inpatient placement and outpatient services, the petitioner must identify the service provider that has agreed to provide services for the person under an order for involuntary outpatient services, unless he or she is otherwise participating in outpatient psychiatric treatment and is not in need of public financing for that treatment, in which case the individual, if eligible, may be ordered to involuntary treatment pursuant to the existing psychiatric treatment relationship.

3. When recommending an order to involuntary outpatient services, the petitioner shall prepare a written proposed services plan in consultation with the patient or the patient’s guardian advocate, if appointed, for the court’s consideration for inclusion in the involuntary outpatient services order that addresses the nature and extent of the mental illness and any co-occurring substance use disorder that necessitate involuntary outpatient services. The services plan must specify the likely needed level of care, including the use of medication, and anticipated discharge criteria for terminating involuntary outpatient services. The services in the plan must be deemed clinically appropriate by a physician, clinical psychologist, psychiatric nurse, mental health counselor, marriage and family therapist, or clinical social worker who consults with, or is employed or contracted by, the service provider. If the services in the proposed services plan are not available, the petitioner may not file the petition. The petitioner must notify the managing entity if the requested services are not available. The managing entity must document such efforts to obtain the requested service. The service provider who accepts the patient for involuntary outpatient services is responsible for the development of a comprehensive treatment plan.

(e) Each required criterion for the recommended involuntary services must be alleged and substantiated in the petition. A copy of the recommended services plan, if applicable, must be attached to the petition. The court must accept petitions and other documentation with electronic signatures.

(f) When the petition has been filed, the clerk of the court shall provide copies of the petition and the recommended services plan, if applicable, to the department, the managing entity, the patient, the patient’s guardian or representative, the state attorney, and the public defender or the patient’s private counsel. A fee may not be charged for the filing of a petition under this subsection.

(5) APPOINTMENT OF COUNSEL.—Within 1 court working day after the filing of a petition for involuntary services, the court shall appoint the public defender to represent the person who is the subject of the petition, unless the person is otherwise represented by counsel or ineligible. The clerk of the court shall immediately notify the public defender of such appointment. The public defender shall represent the person until the petition is dismissed, the court order expires, the patient is discharged from involuntary services, or the public defender is otherwise discharged by the court. Any attorney who represents the patient shall be provided access to the patient, witnesses, and records relevant to the presentation of the patient’s case and shall represent the interests of the patient, regardless of the source of payment to the attorney.

(6) CONTINUANCE OF HEARING.—The patient and the state are independently entitled to seek a continuance of the hearing. The patient shall be granted a request for an initial continuance for up to 7 calendar days. The patient may request additional continuances for up to 21 calendar days in total, which shall only be granted by a showing of good cause and due diligence by the patient and the patient’s counsel before requesting the continuance. The state may request one continuance of up to 7 calendar days, which shall only be granted by a showing of good cause and due diligence by the state before requesting the continuance. The state’s failure to timely review any readily available document or failure to attempt to contact a known witness does not warrant a continuance.

(7) HEARING ON INVOLUNTARY SERVICES.—

(a)1. The court shall hold a hearing on the involuntary services petition within 5 court working days after the filing of the petition, unless a continuance is granted.

2. The court must hold any hearing on involuntary outpatient services in the county where the petition is filed. A hearing on involuntary inpatient placement, or a combination of involuntary inpatient placement and involuntary outpatient services, must be held in the county or the facility, as appropriate, where the patient is located, except for good cause documented in the court file.

3. A hearing on involuntary services must be as convenient to the patient as is consistent with orderly procedure, and shall be conducted in physical settings not likely to be injurious to the patient’s condition. If the court finds that the patient’s attendance at the hearing is not consistent with the best interests of the patient, or the patient knowingly, intelligently, and voluntarily waives his or her right to be present, and if the patient’s counsel does not object, the court may waive the attendance of the patient from all or any portion of the hearing. The state attorney for the circuit in which the patient is located shall represent the state, rather than the petitioner, as the real party in interest in the proceeding. The facility or service provider shall make the patient’s clinical records available to the state attorney and the patient’s attorney so that the state can evaluate and prepare its case. However, these records shall remain confidential, and the state attorney may not use any record obtained under this part for criminal investigation or prosecution purposes, or for any purpose other than the patient’s civil commitment under this chapter.

(b) The court may appoint a magistrate to preside at the hearing. The state attorney and witnesses may remotely attend and, as appropriate, testify at the hearing under oath via audio-video teleconference. A witness intending to attend remotely and testify must provide the parties with all relevant documents by the close of business on the day before the hearing. One of the professionals who executed the involuntary services certificate shall be a witness. The patient and the patient’s guardian or representative shall be informed by the court of the right to an independent expert examination. If the patient cannot afford such an examination, the court shall ensure that one is provided, as otherwise provided for by law. The independent expert’s report is confidential and not discoverable, unless the expert is to be called as a witness for the patient at the hearing. The court shall allow testimony from persons, including family members, deemed by the court to be relevant under state law, regarding the person’s prior history and how that prior history relates to the person’s current condition. The testimony in the hearing must be given under oath, and the proceedings must be recorded. The patient may refuse to testify at the hearing.

(c) At the hearing, the court shall consider testimony and evidence regarding the patient’s competence to consent to services and treatment. If the court finds that the patient is incompetent to consent to treatment, it must appoint a guardian advocate as provided in s. 394.4598.

(8) ORDERS OF THE COURT.—

(a)1. If the court concludes that the patient meets the criteria for involuntary services, the court may order a patient to involuntary inpatient placement, involuntary outpatient services, or a combination of involuntary services depending on the criteria met and which type of involuntary services best meet the needs of the patient. However, if the court orders the patient to involuntary outpatient services, the court may not order the department or the service provider to provide services if the program or service is not available in the patient’s local community, if there is no space available in the program or service for the patient, or if funding is not available for the program or service. The petitioner must notify the managing entity if the requested services are not available. The managing entity must document such efforts to obtain the requested services. A copy of the order must be sent to the managing entity by the service provider within 1 working day after it is received from the court.

2. The order must specify the nature and extent of the patient’s mental illness and the reasons the appropriate involuntary services criteria are satisfied.

3. An order for only involuntary outpatient services, involuntary inpatient placement, or of a combination of involuntary services may be for a period of up to 6 months.

4. An order for a combination of involuntary services must specify the length of time the patient shall be ordered for involuntary inpatient placement and involuntary outpatient services.

5. The order of the court and the patient’s services plan, if applicable, must be made part of the patient’s clinical record.

(b) If the court orders a patient into involuntary inpatient placement, the court may order that the patient be retained at a receiving facility while awaiting transfer ³to a treatment facility; or, if the patient is at a treatment facility, that the patient be retained there or be treated at any other appropriate facility; or that the patient receive services on an involuntary basis for up to 6 months. The court may not order an individual with a developmental disability as defined in s. 393.063 or a traumatic brain injury or dementia who lacks a co-occurring mental illness to be involuntarily placed in a state treatment facility.

(c) If at any time before the conclusion of a hearing on involuntary services, it appears to the court that the patient instead meets the criteria for involuntary admission or treatment pursuant to s. 397.675, then the court may order the person to be admitted for involuntary assessment pursuant to s. 397.6757. Thereafter, all proceedings are governed by chapter 397.

(d) The administrator of the petitioning facility or the designated department representative shall provide a copy of the court order and adequate documentation of a patient’s mental illness to the service provider for involuntary outpatient services or the administrator of a treatment facility if the patient is ordered for involuntary inpatient placement. The documentation must include any advance directives made by the patient, a psychiatric evaluation of the patient, and any evaluations of the patient performed by a psychiatric nurse, a clinical psychologist, a marriage and family therapist, a mental health counselor, or a clinical social worker. The administrator of a treatment facility may refuse admission to any patient directed to its facilities on an involuntary basis, whether by civil or criminal court order, who is not accompanied by adequate orders and documentation.

(e) In cases resulting in an order for involuntary outpatient services, the court shall retain jurisdiction over the case and the parties for entry of further orders as circumstances may require, including, but not limited to, monitoring compliance with treatment or ordering inpatient treatment to stabilize a person who decompensates while under court-ordered outpatient treatment and meets the commitment criteria of this section.

(9) SERVICES PLAN MODIFICATION.—After the order for involuntary outpatient services is issued, the service provider and the patient may modify the services plan as provided by department rule.

(10) NONCOMPLIANCE WITH INVOLUNTARY OUTPATIENT SERVICES.—

(a) If, in the clinical judgment of a physician, a psychiatrist, a clinical psychologist with at least 3 years of clinical experience, or a psychiatric nurse practicing within the framework of an established protocol with a psychiatrist, a patient receiving involuntary outpatient services has failed or has refused to comply with the services plan ordered by the court, and efforts were made to solicit compliance, the service provider must report such noncompliance to the court. The involuntary outpatient services order shall remain in effect unless the service provider determines that the patient no longer meets the criteria for involuntary outpatient services or until the order expires. The service provider must determine whether modifications should be made to the existing services plan and must attempt to continue to engage the patient in treatment. For any material modification of the services plan to which the patient or the patient’s guardian advocate, if applicable, agrees, the service provider shall send notice of the modification to the court. Any material modifications of the services plan which are contested by the patient or the patient’s guardian advocate, if applicable, must be approved or disapproved by the court.

(b) A county court may not use incarceration as a sanction for noncompliance with the services plan, but it may order an individual evaluated for possible inpatient placement if there is significant, or are multiple instances of, noncompliance.

(11) PROCEDURE FOR CONTINUED INVOLUNTARY SERVICES.—

(a) A petition for continued involuntary services must be filed if the patient continues to meets the criteria for involuntary services.

(b)1. If a patient receiving involuntary outpatient services continues to meet the criteria for involuntary outpatient services, the service provider must file in the court that issued the initial order for involuntary outpatient services a petition for continued involuntary outpatient services.

2. If a patient in involuntary inpatient placement continues to meet the criteria for involuntary services and is being treated at a receiving facility, the administrator must, before the expiration of the period the receiving facility is authorized to retain the patient, file in the court that issued the initial order for involuntary inpatient placement, a petition requesting authorization for continued involuntary services. The administrator may petition for inpatient or outpatient services.

3. If a patient in inpatient placement continues to meet the criteria for involuntary services and is being treated at a treatment facility, the administrator must, before expiration of the period the treatment facility is authorized to retain the patient, file a petition requesting authorization for continued involuntary services. The administrator may petition for inpatient or outpatient services. Hearings on petitions for continued involuntary services of an individual placed at any treatment facility are administrative hearings and must be conducted in accordance with s. 120.57(1), except that any order entered by the judge is final and subject to judicial review in accordance with s. 120.68. Orders concerning patients committed after successfully pleading not guilty by reason of insanity are governed by s. 916.15.

4. The court shall immediately schedule a hearing on the petition to be held within 15 days after the petition is filed.

5. The existing involuntary services order shall remain in effect until disposition on the petition for continued involuntary services.

(c) The petition must be accompanied by a statement from the patient’s physician, psychiatrist, psychiatric nurse, or clinical psychologist justifying the request, a brief description of the patient’s treatment during the time he or she was receiving involuntary services, and an individualized plan of continued treatment developed in consultation with the patient or the patient’s guardian advocate, if applicable. If the petition is for involuntary outpatient services, it must comply with the requirements of subparagraph (4)(d)3. When the petition has been filed, the clerk of the court shall provide copies of the petition and the individualized plan of continued services to the department, the patient, the patient’s guardian advocate, the state attorney, and the patient’s private counsel or the public defender.

(d) The court shall appoint counsel to represent the person who is the subject of the petition for continued involuntary services in accordance ⁴with the provisions set forth in subsection (5), unless the person is otherwise represented by counsel or ineligible.

(e) Hearings on petitions for continued involuntary outpatient services must be before the court that issued the order for involuntary outpatient services. However, the patient and the patient’s attorney may agree to a period of continued outpatient services without a court hearing.

(f) Hearings on petitions for continued involuntary inpatient placement in receiving facilities, or involuntary outpatient services following involuntary inpatient services, must be held in the county or the facility, as appropriate, where the patient is located.

(g) The court may appoint a magistrate to preside at the hearing. The procedures for obtaining an order pursuant to this paragraph must meet the requirements of subsection (7).

(h) Notice of the hearing must be provided as set forth in s. 394.4599.

(i) If a patient’s attendance at the hearing is voluntarily waived, the judge must determine that the patient knowingly, intelligently, and voluntarily waived his or her right to be present, before waiving the presence of the patient from all or a portion of the hearing. Alternatively, if at the hearing the judge finds that attendance at the hearing is not consistent with the best interests of the patient, the judge may waive the presence of the patient from all or any portion of the hearing, unless the patient, through counsel, objects to the waiver of presence. The testimony in the hearing must be under oath, and the proceedings must be recorded.

(j) If at a hearing it is shown that the patient continues to meet the criteria for involuntary services, the court shall issue an order for continued involuntary outpatient services, involuntary inpatient placement, or a combination of involuntary services for up to 6 months. The same procedure shall be repeated before the expiration of each additional period the patient is retained.

(k) If the patient has been ordered to undergo involuntary services and has previously been found incompetent to consent to treatment, the court shall consider testimony and evidence regarding the patient’s competence. If the patient’s competency to consent to treatment is restored, the discharge of the guardian advocate is governed by s. 394.4598. If the patient has been ordered to undergo involuntary inpatient placement only and the patient’s competency to consent to treatment is restored, the administrative law judge may issue a recommended order, to the court that found the patient incompetent to consent to treatment, that the patient’s competence be restored and that any guardian advocate previously appointed be discharged.

(l) If continued involuntary inpatient placement is necessary for a patient in involuntary inpatient placement who was admitted while serving a criminal sentence, but his or her sentence is about to expire, or for a minor involuntarily placed, but who is about to reach the age of 18, the administrator shall petition the administrative law judge for an order authorizing continued involuntary inpatient placement.

The procedure required in this subsection must be followed before the expiration of each additional period the patient is involuntarily receiving services.

(12) RETURN TO FACILITY.—If a patient has been ordered to undergo involuntary inpatient placement at a receiving or treatment facility under this part and leaves the facility without the administrator’s authorization, the administrator may authorize a search for the patient and his or her return to the facility. The administrator may request the assistance of a law enforcement agency in this regard.

(13) DISCHARGE.—The patient shall be discharged upon expiration of the court order or at any time the patient no longer meets the criteria for involuntary services, unless the patient has transferred to voluntary status. Upon discharge, the service provider or facility shall send a certificate of discharge to the court.

History.—s. 9, ch. 71-131; s. 8, ch. 73-133; ss. 3, 4, ch. 74-233; s. 1, ch. 75-305; s. 17, ch. 77-121; s. 205, ch. 77-147; s. 1, ch. 77-174; ss. 2, 8, ch. 77-312; s. 19, ch. 78-95; s. 1, ch. 78-197; s. 9, ch. 79-298; s. 2, ch. 79-336; ss. 2, 4, ch. 80-75; s. 12, ch. 82-212; s. 9, ch. 84-285; s. 28, ch. 85-167; s. 105, ch. 89-96; s. 70, ch. 90-271; s. 710, ch. 95-148; s. 18, ch. 96-169; s. 124, ch. 96-410; s. 3, ch. 98-92; s. 77, ch. 2004-11; s. 9, ch. 2004-385; s. 4, ch. 2006-171; s. 5, ch. 2009-38; s. 2, ch. 2016-231; s. 13, ch. 2016-241; s. 21, ch. 2024-15; s. 11, ch. 2024-245.

¹Note.—Section 11, ch. 2024-245, purported to amend s. 394.467 but failed to publish paragraphs (7)(f) and (g), which were intended to be stricken. Similar material now appears in paragraph (11)(k).

²Note.—Section 394.4655(1) defines “involuntary outpatient placement” as involuntary outpatient services as defined in s. 394.467. Section 394.467(1)(c) specifically defines “involuntary outpatient services.”

³Note.—The word “transferred” preceding the word “to” was deleted by the editors to correct a drafting error.

⁴Note.—The word “with” was substituted for the word “to” by the editors to conform to context.

F.S. 394.467 on Google Scholar

F.S. 394.467 on CourtListener

Amendments to 394.467

Annotations, Discussions, Cases:

Cases Citing Statute 394.467

Total Results: 220

Turner v. Crosby

339 F.3d 1247, 2003 U.S. App. LEXIS 15043, 2003 WL 21739734

Court of Appeals for the Eleventh Circuit | Filed: Jul 29, 2003 | Docket: 925496

Cited 375 times | Published

Officer Venosh. 7 . Florida Statute § 394.467, known as the Baker Act, allows a person to be

Cottone v. Jenne

326 F.3d 1352, 2003 U.S. App. LEXIS 6947, 2003 WL 1860522

Court of Appeals for the Eleventh Circuit | Filed: Apr 11, 2003 | Docket: 65655368

Cited 218 times | Published

Bro-ward County, Florida under Florida Statute § 394.467, for observation and evaluation.2 On March 14

Cottone v. Jenne

326 F.3d 1352

Court of Appeals for the Eleventh Circuit | Filed: Apr 11, 2003 | Docket: 39519

Cited 124 times | Published

Broward County, Florida under Florida Statute § 394.467, for observation and evaluation.2 On March 14

In Re Florida Rules of Criminal Procedure

272 So. 2d 65

Supreme Court of Florida | Filed: Jan 29, 1973 | Docket: 1755077

Cited 102 times | Published

hospitalization under the provisions of Fla. Stat. § 394.467, F.S.A. The order of commitment shall request

Godwin v. State

593 So. 2d 211, 1992 WL 4452

Supreme Court of Florida | Filed: Jan 2, 1992 | Docket: 1447514

Cited 93 times | Published

civil commitment order under The Baker Act, section 394.467, Florida Statutes (1989), become moot solely

Alston v. State

723 So. 2d 148, 1998 WL 574303

Supreme Court of Florida | Filed: Sep 10, 1998 | Docket: 2527467

Cited 76 times | Published

needless presentation of cumulative evidence." [14] § 394.467, Fla. Stat. (1987). [15] Section 90.704, Florida

In Re Beverly

342 So. 2d 481, 97 A.L.R. 3d 767

Supreme Court of Florida | Filed: Jan 27, 1977 | Docket: 58586

Cited 67 times | Published

Circuit Court of Dade County which held that Section 394.467, Florida Statutes (1973), was constitutional

Westerheide v. State

767 So. 2d 637, 2000 WL 1434081

District Court of Appeal of Florida | Filed: Sep 29, 2000 | Docket: 1661448

Cited 54 times | Published

with determining the constitutionality of section 394.467, Florida Statute (1973) which provided that

MW v. Davis

756 So. 2d 90, 2000 WL 551038

Supreme Court of Florida | Filed: May 4, 2000 | Docket: 471298

Cited 41 times | Published

substantive and procedural requirements of section 394.467(1), Florida Statutes (1997), part of the Baker

Shuman v. State

358 So. 2d 1333

Supreme Court of Florida | Filed: May 25, 1978 | Docket: 1311872

Cited 28 times | Published

initial six-month commitment authorized by Section 394.467(3), Florida Statutes (1975), each petitioner

In Re Amendments to Florida Rules of Criminal Procedure

536 So. 2d 992, 1988 WL 143602

Supreme Court of Florida | Filed: Dec 30, 1988 | Docket: 2517246

Cited 27 times | Published

by reason of insanity has been removed from Section 394.467, Florida Statutes. Chapter 916 now provides

Pullen v. State

802 So. 2d 1113, 2001 WL 1044808

Supreme Court of Florida | Filed: Sep 13, 2001 | Docket: 1332542

Cited 23 times | Published

746 (explaining the Wende procedure). [3] See § 394.467(4), Fla. Stat. (2000). [4] "Anders procedure"

Amends. to Fl. Rules of Crim. Proc.

685 So. 2d 1253

Supreme Court of Florida | Filed: Nov 27, 1996 | Docket: 1735082

Cited 22 times | Published

involuntary hospitalization are set forth in section 394.467(1), Florida Statutes (1979). As to involuntary

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

clinical record. § 394.463, Fla. Stat. (1985). Section 394.467 specifies the procedures for involuntary commitment

State v. Kinner

398 So. 2d 1360

Supreme Court of Florida | Filed: May 21, 1981 | Docket: 1326651

Cited 20 times | Published

1977), we upheld the constitutionality of section 394.467(1)(a), Florida Statutes (1977). That statute

Martin v. Dugger

686 F. Supp. 1523, 1988 U.S. Dist. LEXIS 5301, 1988 WL 55853

District Court, S.D. Florida | Filed: Jun 1, 1988 | Docket: 793232

Cited 19 times | Published

1986) (competency to stand trial); Fla.Stat.Ann. § 394.467 (West Supplement 1986) (involuntary commitment

Hill v. State

358 So. 2d 190

District Court of Appeal of Florida | Filed: May 10, 1978 | Docket: 1311292

Cited 18 times | Published

another? Compare Fla.R.Crim.P. 3.460 with Section 394.467(1)(a), Florida Statutes (1977), and Fla.R.Crim

Alvord v. Wainwright

564 F. Supp. 459

District Court, M.D. Florida | Filed: May 5, 1983 | Docket: 2522075

Cited 14 times | Published

hospitalization under the provisions of Fla.Stat. § 394.467, F.S.A.," subject to continuing review. Fla.R

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

394.465), and involuntary hospitalization (Section 394.467). The rules under attack do not purport simply

Valdez v. Moore

745 So. 2d 1009, 1999 WL 817181

District Court of Appeal of Florida | Filed: Sep 30, 1999 | Docket: 2489474

Cited 13 times | Published

commitment for treatment for mental illness. § 394.467(6)(a)1. The five day requirement for a hearing

Thompson v. Crawford

479 So. 2d 169, 10 Fla. L. Weekly 2597

District Court of Appeal of Florida | Filed: Nov 20, 1985 | Docket: 1514375

Cited 12 times | Published

defendant] to the Division of Mental Health under said § 394.467." Brown, 307 So.2d at 897. Under the Florida Rules

Blue v. State

764 So. 2d 697, 2000 WL 742199

District Court of Appeal of Florida | Filed: Jun 12, 2000 | Docket: 1516431

Cited 10 times | Published

involuntary placement entered pursuant to section 394.467, Florida Statutes (1999). We reverse and remand

Williams v. State

522 So. 2d 983, 1988 WL 27816

District Court of Appeal of Florida | Filed: Mar 23, 1988 | Docket: 1192263

Cited 10 times | Published

involuntary placement under the Baker Act, section 394.467, Florida Statutes. Finding the evidentiary

Boller v. State

775 So. 2d 408, 2000 WL 1880162

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 1667879

Cited 9 times | Published

involuntary commitment entered pursuant to section 394.467, Florida Statutes (1999), on grounds that the

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

retardation, see chapter 393, Florida Statutes. Section 394.467(1), Florida Statutes (1979), prescribes criteria

Schexnayder v. State

495 So. 2d 850, 11 Fla. L. Weekly 2127

District Court of Appeal of Florida | Filed: Oct 7, 1986 | Docket: 1758875

Cited 9 times | Published

adequately if she would take her medication. Section 394.467, Florida Statutes (1985), sets forth criteria

Patten v. State

467 So. 2d 975, 10 Fla. L. Weekly 51

Supreme Court of Florida | Filed: Jan 10, 1985 | Docket: 2522229

Cited 9 times | Published

Services for treatment under the provisions of section 394.467, Florida Statutes (1977). On September 25,

Jones v. State

611 So. 2d 577, 1992 WL 388987

District Court of Appeal of Florida | Filed: Dec 31, 1992 | Docket: 1757392

Cited 8 times | Published

State Hospital, pursuant to the provisions of section 394.467, Florida Statutes (1991). He contends the involuntary

Jones v. State

611 So. 2d 577, 1992 WL 388987

District Court of Appeal of Florida | Filed: Dec 31, 1992 | Docket: 1757392

Cited 8 times | Published

State Hospital, pursuant to the provisions of section 394.467, Florida Statutes (1991). He contends the involuntary

Smith v. DEPT. OF HEALTH & REHAB. SERVS.

573 So. 2d 320

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 478883

Cited 8 times | Published

initial six-month commitment authorized by section 394.467(3), each petitioner was granted a hearing before

Smith v. State

508 So. 2d 1292, 12 Fla. L. Weekly 1461

District Court of Appeal of Florida | Filed: Jun 12, 1987 | Docket: 1153022

Cited 8 times | Published

involuntary placement was filed pursuant to section 394.467(2), Florida Statutes (1985). A hearing was

Neff v. State

356 So. 2d 901

District Court of Appeal of Florida | Filed: Mar 23, 1978 | Docket: 1478410

Cited 8 times | Published

hospitalization the following day pursuant to Section 394.467(1)(b), Florida Statutes (1975). Neff argues

CG v. Department of Children and Families

67 So. 3d 1141, 2011 Fla. App. LEXIS 11957, 2011 WL 3250545

District Court of Appeal of Florida | Filed: Aug 1, 2011 | Docket: 2364209

Cited 7 times | Published

consented to her child being adjudicated dependent. § 394.467, Fla. Stat. (2010). Thereafter, A.G. was briefly

Department of Children & Family Services v. Amaya

10 So. 3d 152, 2009 Fla. App. LEXIS 2487, 2009 WL 763584

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 1642315

Cited 7 times | Published

with providing for his treatment or care. See § 394.467, Fla. Stat. (2008) (providing for involuntary

State v. Osborne

781 So. 2d 1137, 2001 WL 201527

District Court of Appeal of Florida | Filed: Mar 2, 2001 | Docket: 1292590

Cited 7 times | Published

C.J., and PLEUS, J., concur. NOTES [1] See § 394.467, Fla.Stat. (1999). [2] Since Osborne has been

State v. Kobel

757 So. 2d 556, 2000 WL 485131

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 1331651

Cited 7 times | Published

treatment of mental illness. Id. at n. 1 (citing § 394.467(6)(a)1., Fla. Stat.) (stating that court shall

Patten v. State

598 So. 2d 60, 1992 WL 45028

Supreme Court of Florida | Filed: Mar 12, 1992 | Docket: 1472594

Cited 7 times | Published

Services for treatment under the provisions of section 394.467, Florida Statutes (1977). Patten was examined

Dept. of Health & Rehab. Serv v. Vl

583 So. 2d 765, 1991 WL 140874

District Court of Appeal of Florida | Filed: Aug 1, 1991 | Docket: 1684160

Cited 7 times | Published

ordered involuntary placement pursuant to section 394.467, Florida Statutes (1987). Placement was later

Loucks v. Adair

312 So. 2d 531

District Court of Appeal of Florida | Filed: May 20, 1975 | Docket: 1412416

Cited 7 times | Published

involuntary commitment under the Baker Act pursuant to F.S. 394.467. Thus, even if arrangements were made in his

Parks v. State

290 So. 2d 562

District Court of Appeal of Florida | Filed: Feb 15, 1974 | Docket: 1510337

Cited 7 times | Published

hospitalization under the provisions of Fla. Stat. § 394.467, F.S.A. The order of commitment shall request

Drummond v. State

69 So. 3d 1054, 2011 WL 4375026

District Court of Appeal of Florida | Filed: Sep 21, 2011 | Docket: 60302432

Cited 6 times | Published

involuntary placement in her Baker Act proceeding. See § 394.467, Fla. Stat. (2009). Both Ms. Drummond’s attorney

Lehrke v. State

12 So. 3d 307, 2009 Fla. App. LEXIS 7765, 2009 WL 1706484

District Court of Appeal of Florida | Filed: Jun 19, 2009 | Docket: 1647201

Cited 6 times | Published

convincing evidence the criteria spelled out in section 394.467, Florida Statutes (2007). Pursuant to that

Meadows v. Krischer

763 So. 2d 1087, 1999 WL 1037986

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 1681677

Cited 6 times | Published

person with a copy of the commitment petition. See § 394.467, Fla. Stat. (1999). The purpose of process is

Lyon v. State

724 So. 2d 1241, 1999 WL 29893

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 1734026

Cited 6 times | Published

serious harm either on herself or others. Section 394.467(1), Florida Statutes (1997), places on the

Welk v. State

542 So. 2d 1343, 1989 WL 38533

District Court of Appeal of Florida | Filed: Apr 21, 1989 | Docket: 1515824

Cited 6 times | Published

evidence to support the required finding under section 394.467(1)(a) that, by reason of her present condition

Chalk v. State

443 So. 2d 421

District Court of Appeal of Florida | Filed: Jan 4, 1984 | Docket: 1458667

Cited 6 times | Published

result in a limitation on the subject's liberty. § 394.467(4)(e), Fla. Stat. (Supp. 1982), and In Re Beverly

In Re Connors

332 So. 2d 336

Supreme Court of Florida | Filed: May 5, 1976 | Docket: 1314615

Cited 6 times | Published

passes upon the constitutional validity of Section 394.467(3)(b), Florida Statutes.[1] We have jurisdiction

Powell v. Genung

306 So. 2d 113

Supreme Court of Florida | Filed: Dec 4, 1974 | Docket: 1720419

Cited 6 times | Published

and we are bound to observe that intent. Section 394.467, generally, provides for admission criteria

In Re Commitment of Burton

884 So. 2d 1112, 2004 WL 2363861

District Court of Appeal of Florida | Filed: Oct 22, 2004 | Docket: 1281995

Cited 5 times | Published

that these possible crimes might occur. Compare § 394.467(1)(a)(2)(b), Fla. Stat. (2003) (permitting involuntary

State v. Kinder

830 So. 2d 832, 2002 WL 31318012

Supreme Court of Florida | Filed: Oct 17, 2002 | Docket: 979037

Cited 5 times | Published

of a petition for involuntary placement. See § 394.467(4), Fla. Stat. (2001).

Adams v. State

713 So. 2d 1063, 1998 WL 377767

District Court of Appeal of Florida | Filed: Jul 9, 1998 | Docket: 707730

Cited 5 times | Published

involuntary placement for treatment pursuant to section 394.467, Florida Statutes. As in Wickland v. State

Rosales v. State

547 So. 2d 221, 1989 WL 75496

District Court of Appeal of Florida | Filed: Jul 11, 1989 | Docket: 1474500

Cited 5 times | Published

adjudicated mentally ill under the Baker Act, section 394.467, Florida Statutes (1987), and involuntarily

J.R. v. Michael Hansen

736 F.3d 959, 2013 WL 6223684, 2013 U.S. App. LEXIS 17380

Court of Appeals for the Eleventh Circuit | Filed: Aug 20, 2013 | Docket: 673032

Cited 4 times | Published

authority to afford release. See id. § 394.467(7); id. § 394.4655(7). And even people

Williams v. State

889 So. 2d 804, 2004 WL 2815919

Supreme Court of Florida | Filed: Dec 9, 2004 | Docket: 1742659

Cited 4 times | Published

limited by statute to only six months, see section 394.467(6)(b), Florida Statutes (2003), involve a sufficient

Singletary v. State

765 So. 2d 180, 2000 WL 951637

District Court of Appeal of Florida | Filed: Jul 12, 2000 | Docket: 1522878

Cited 4 times | Published

criteria for involuntary placement set out in section 394.467, Florida Statutes (1999), by clear and convincing

Archer v. State

681 So. 2d 296, 1996 WL 496165

District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 1722154

Cited 4 times | Published

here. On October 19, 1994, in accordance with section 394.467(4), Florida Statutes (1993), a hearing officer

Jordan v. State

597 So. 2d 352, 1992 WL 74886

District Court of Appeal of Florida | Filed: Apr 13, 1992 | Docket: 1351279

Cited 4 times | Published

appellants, Calvin Jordan and Frank Byrwa. Section 394.467, Florida Statutes (1991), sets out the procedures

Crum v. State

507 So. 2d 759, 12 Fla. L. Weekly 1313

District Court of Appeal of Florida | Filed: May 21, 1987 | Docket: 202056

Cited 4 times | Published

enter an order of involuntary placement under Section 394.467, Florida Statutes (1985). Appellant asserts

Blackshear v. State

480 So. 2d 207, 11 Fla. L. Weekly 37

District Court of Appeal of Florida | Filed: Dec 23, 1985 | Docket: 1667289

Cited 4 times | Published

for involuntary hospitalization under Florida Statute 394.467. We are further of the opinion at the time

Blackshear v. State

480 So. 2d 207, 11 Fla. L. Weekly 37

District Court of Appeal of Florida | Filed: Dec 23, 1985 | Docket: 1667289

Cited 4 times | Published

for involuntary hospitalization under Florida Statute 394.467. We are further of the opinion at the time

Williams v. Davis

459 So. 2d 406

District Court of Appeal of Florida | Filed: Nov 14, 1984 | Docket: 1683365

Cited 4 times | Published

placed in that facility. Under Florida Statutes § 394.467 (1983), the administrator is required to request

CN v. State

433 So. 2d 661

District Court of Appeal of Florida | Filed: Jun 28, 1983 | Docket: 1727551

Cited 4 times | Published

determined in a Baker Act proceeding, pursuant to Section 394.467, Florida Statutes (1981), that a subject meets

State v. Vigil

410 So. 2d 528

District Court of Appeal of Florida | Filed: Jan 26, 1982 | Docket: 437406

Cited 4 times | Published

See §§ 916.15, .16, Fla. Stat. (Supp. 1980); § 394.467, Fla. Stat. (1979); and Fla. R.Crim.P. 3.217.

Miller v. Carson

524 F. Supp. 1174

District Court, M.D. Florida | Filed: Oct 28, 1981 | Docket: 901897

Cited 4 times | Published

inmates are housed there. [4] Florida Statutes § 394.467(1) (1980 Supp.) sets forth the criteria for involuntary

Miller v. Carson

524 F. Supp. 1174

District Court, M.D. Florida | Filed: Oct 28, 1981 | Docket: 901897

Cited 4 times | Published

inmates are housed there. [4] Florida Statutes § 394.467(1) (1980 Supp.) sets forth the criteria for involuntary

Tuten v. Fariborzian

84 So. 3d 1063, 2012 WL 104465, 2012 Fla. App. LEXIS 355

District Court of Appeal of Florida | Filed: Jan 13, 2012 | Docket: 60306579

Cited 3 times | Published

that a patient meets the criteria outlined in section 394.467(l)(a) and (b),1 and the criteria must be established

Kimbrough v. State

852 So. 2d 335, 2003 WL 21819335

District Court of Appeal of Florida | Filed: Aug 8, 2003 | Docket: 1711053

Cited 3 times | Published

several cases dealing with proceedings under section 394.467 Florida Statutes, not section 393.11. These

Amendment to Rules of Juvenile Proc. 8.350

842 So. 2d 763, 28 Fla. L. Weekly Supp. 221, 2003 Fla. LEXIS 271, 2003 WL 746422

Supreme Court of Florida | Filed: Mar 6, 2003 | Docket: 1730475

Cited 3 times | Published

subject of an involuntary commitment petition, see § 394.467(4), Fla. Stat. (2002), there is no provision in

Amendment to Rules of Juvenile Proc. 8.350

804 So. 2d 1206, 26 Fla. L. Weekly Supp. 713, 2001 Fla. LEXIS 2139, 2001 WL 1284770

Supreme Court of Florida | Filed: Oct 25, 2001 | Docket: 1699648

Cited 3 times | Published

child civilly committed under the Baker Act. See § 394.467(4), Fla. Stat. (2000) (providing for the appointment

Tribune Co. v. DML

566 So. 2d 1333, 1990 WL 126201

District Court of Appeal of Florida | Filed: Aug 29, 1990 | Docket: 547969

Cited 3 times | Published

placement. The petition, filed pursuant to section 394.467(1), Florida Statutes (1987), alleged that D

Jaggers v. State

509 So. 2d 1165, 12 Fla. L. Weekly 1528

District Court of Appeal of Florida | Filed: Jun 23, 1987 | Docket: 1361807

Cited 3 times | Published

placement proceedings, as provided pursuant to section 394.467 Florida Statutes. One pertinent difference

Thomas v. State

443 So. 2d 406

District Court of Appeal of Florida | Filed: Jan 4, 1984 | Docket: 1746626

Cited 3 times | Published

no longer justified. The test laid down by Section 394.467, Florida Statutes (Supp. 1982) and Section

Bentley v. State Ex Rel. Rogers

398 So. 2d 992

District Court of Appeal of Florida | Filed: May 20, 1981 | Docket: 1696663

Cited 3 times | Published

facility administrator shall be appointed. Section 394.467(4)(h), Florida Statutes (1979) provides: (4)

Kinner v. State

382 So. 2d 756

District Court of Appeal of Florida | Filed: Apr 2, 1980 | Docket: 1255039

Cited 3 times | Published

wherein the Florida Supreme Court found that Section 394.467, authorizing commitment of mentally ill persons

Reigosa v. State

362 So. 2d 714

District Court of Appeal of Florida | Filed: Sep 26, 1978 | Docket: 2588473

Cited 3 times | Published

hospitalization under the Baker Act, specifically Section 394.467, Florida Statutes [1977]. We reverse. A careful

In Re Smith

342 So. 2d 491

Supreme Court of Florida | Filed: Jan 27, 1977 | Docket: 1222866

Cited 3 times | Published

Circuit Court of Dade County which held that Section 394.467, Florida Statutes (1973), was constitutional

D.F. v. State

251 So. 3d 276

District Court of Appeal of Florida | Filed: Jul 6, 2018 | Docket: 64684919

Cited 2 times | Published

inpatient treatment facility for three months. See § 394.467, Fla. Stat. (2016). We have jurisdiction. See

D.F. v. State

248 So. 3d 1232

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

Cited 2 times | Published

be used to support his continued confinement. § 394.467(6)(a) 3., Fla. Stat. (2017) ("The patient may

John Doe v. State of Florida

217 So. 3d 1020, 42 Fla. L. Weekly Supp. 553, 2017 WL 1954981, 2017 Fla. LEXIS 1057

Supreme Court of Florida | Filed: May 11, 2017 | Docket: 6060824

Cited 2 times | Published

mental health facility or hospital pursuant to section 394.467, Florida Statutes (2016) (“the Baker Act”)

Kenneth B. Wills and Bobbie Akins v. Rashida Wills Jones

213 So. 3d 982, 2016 WL 1660617, 2016 Fla. App. LEXIS 6299

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3058405

Cited 2 times | Published

proceeding” they initiated against her. See § 394.467(1), (l)(a)2.a, Fla. Stat. (2015) (providing for

State v. Davis

133 So. 3d 1101, 2014 WL 444041, 2014 Fla. App. LEXIS 1431

District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60238677

Cited 2 times | Published

criteria for commitment as set forth by statute [section 394.467, Florida Statutes]; (B) there is a substantial

Bronson v. State

89 So. 3d 1089, 2012 WL 2051192

District Court of Appeal of Florida | Filed: Jun 8, 2012 | Docket: 60308537

Cited 2 times | Published

Children and Families [“DCF”] pursuant to section 394.467, Florida Statutes, and the trial court ordered

Burley v. State

59 So. 3d 131, 2011 Fla. App. LEXIS 208, 2011 WL 148306

District Court of Appeal of Florida | Filed: Jan 19, 2011 | Docket: 2361346

Cited 2 times | Published

(“Order of Commitment”), entered pursuant to section 394.467, Florida Statutes (2009) (“Baker Act”). We

Patrick v. PALM BEACH COUNTY SCHOOL BD.

927 So. 2d 973, 2006 Fla. App. LEXIS 4424, 2006 WL 782855

District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 1765363

Cited 2 times | Published

and HAZOURI, JJ., concur. NOTES [1] Under section 394.467, Florida Statutes (2002) (the Baker Act), a

JBPF v. Department of Children & Families

837 So. 2d 1108, 2003 WL 355084

District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 537519

Cited 2 times | Published

SHAHOOD and GROSS, JJ., concur. NOTES [1] See § 394.467, Fla. Stat. (1998). [2] Criminal charges were

KD v. Department of Juvenile Justice

694 So. 2d 817, 1997 Fla. App. LEXIS 5158, 1997 WL 249130

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 1732713

Cited 2 times | Published

to recommend commitment, as provided under section 394.467(2), Florida Statutes (Supp.1996), for adults

Wade v. Northeast Florida State Hospital

655 So. 2d 125, 1995 Fla. App. LEXIS 4168, 1995 WL 232547

District Court of Appeal of Florida | Filed: Apr 21, 1995 | Docket: 64756442

Cited 2 times | Published

involuntary placement for treatment pursuant to section 394.467, Florida Statutes. The order refers to the

Wickland v. State

642 So. 2d 670, 1994 WL 513530

District Court of Appeal of Florida | Filed: Sep 22, 1994 | Docket: 1529470

Cited 2 times | Published

involuntary placement for treatment pursuant to section 394.467, Florida Statutes. We reverse the order because

Cuervo v. State

603 So. 2d 654, 1992 WL 191601

District Court of Appeal of Florida | Filed: Aug 11, 1992 | Docket: 67324

Cited 2 times | Published

hospitalization, pursuant to the Baker Act, section 394.467, Florida Statutes (1991), does not divest the

Liebman v. State

555 So. 2d 1242, 1989 WL 137618

District Court of Appeal of Florida | Filed: Nov 15, 1989 | Docket: 1396157

Cited 2 times | Published

common issue. At separate times, pursuant to section 394.467(1), Florida Statutes (1987), the circuit court

Westlake v. State

440 So. 2d 74

District Court of Appeal of Florida | Filed: Nov 10, 1983 | Docket: 1728307

Cited 2 times | Published

an involuntary commitment proceeding under section 394.467, Florida Statutes (Supp. 1982). The appealed

Florida Bar

343 So. 2d 1247, 1977 Fla. LEXIS 4116

Supreme Court of Florida | Filed: Feb 10, 1977 | Docket: 64557850

Cited 2 times | Published

for involuntary hospitalization set forth in Section 394.467(1), Florida Statutes (1975) (or, in the case

In Re Jones

339 So. 2d 1117

Supreme Court of Florida | Filed: Nov 24, 1976 | Docket: 1729679

Cited 2 times | Published

Circuit Court of Leon County which held that Section 394.467, Florida Statutes (1973), was constitutional

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

defendant meets the criteria for commitment under section 394.467, Florida Statutes, the court shall commit the

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

habeas corpus and order his immediate release. See § 394.467(1)(a), Fla. Stat. (2016); In re Lehrke, 12 So

Mouliom v. Northeast Florida State Hospital

128 So. 3d 979, 2014 WL 28303, 2014 Fla. App. LEXIS 320

District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60237255

Cited 1 times | Published

State Hospital filed a petition pursuant to section 394.467(7), Florida Statutes, to continue Ms. Moul-iom’s

Perez v. United States

883 F. Supp. 2d 1257, 2012 WL 3265086, 2012 U.S. Dist. LEXIS 110024

District Court, S.D. Florida | Filed: Aug 7, 2012 | Docket: 65984040

Cited 1 times | Published

involuntarily committed pursuant to Fla. Stat. § 394.467 (the “Baker Act”) for psychiatric care in a “lock-down”

A.E. v. State

83 So. 3d 1000, 2012 WL 1020023, 2012 Fla. App. LEXIS 4772

District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 60306314

Cited 1 times | Published

substantial evidence to satisfy the requirements of section 394.467(l)(a)l.b., Florida Statutes (2011), which is

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

defendant, to the custody of DCF pursuant to section 394.467, Florida Statutes (2011). Because the trial

Smith v. Rainey

747 F. Supp. 2d 1327, 2010 U.S. Dist. LEXIS 104830, 2010 WL 4118096

District Court, M.D. Florida | Filed: Sep 30, 2010 | Docket: 2342237

Cited 1 times | Published

Corporation, Inc. See Dkt. 48. [5] "Florida Statute § 394.467, known as the Baker Act, allows a person to be

D.M.H. v. Pietilla

33 So. 3d 800, 2010 Fla. App. LEXIS 5342, 2010 WL 1626417

District Court of Appeal of Florida | Filed: Apr 23, 2010 | Docket: 1649143

Cited 1 times | Published

trial court must hold a hearing "within 5 days." § 394.467(6)(a)1. D.M.H. seizes on the difference in language

Register v. State

946 So. 2d 50, 2006 WL 3680572

District Court of Appeal of Florida | Filed: Dec 15, 2006 | Docket: 2556821

Cited 1 times | Published

order of involuntary inpatient placement under section 394.467, Florida Statutes (2006). The appellant argues

G.T. v. Department of Children & Family Services

935 So. 2d 1245, 2006 Fla. App. LEXIS 13592, 2006 WL 2345791

District Court of Appeal of Florida | Filed: Aug 15, 2006 | Docket: 64846170

Cited 1 times | Published

394.467(1). § 394.492(6), Fla. Stat. (2005). Section 394.467(1) provides that "[a] person may be placed

Brown v. State

893 So. 2d 714, 2005 WL 491401

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 1404868

Cited 1 times | Published

involuntary commitment entered pursuant to section 394.467, Florida Statutes (2004). Appellee has filed

In Re JW

890 So. 2d 337, 2004 WL 3059209

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1285149

Cited 1 times | Published

and convincing evidence. See, Florida Statutes § 394.467(1) and Florida Statutes § 394.917(1). The Department

Florida Department of Corrections v. Watts

800 So. 2d 225, 26 Fla. L. Weekly Supp. 743, 2001 Fla. LEXIS 2264, 2001 WL 1380024

Supreme Court of Florida | Filed: Nov 8, 2001 | Docket: 64810295

Cited 1 times | Published

section 916.12, Florida Statutes (1999),4 and section 394.467(1), Florida *228Statutes (1999),5 also known

State v. Heidrick

707 So. 2d 1165, 1998 WL 88372

District Court of Appeal of Florida | Filed: Mar 4, 1998 | Docket: 1676006

Cited 1 times | Published

criteria for involuntary placement pursuant to section 394.467(1), Florida Statutes. Therefore, the circuit

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

hospital for involuntary placement pursuant to section 394.467, Florida Statutes, and were transported to

Handley v. Dennis

642 So. 2d 115, 1994 WL 483492

District Court of Appeal of Florida | Filed: Sep 8, 1994 | Docket: 549620

Cited 1 times | Published

criteria for involuntary placement, as set forth in § 394.467(1) Fla. Stat. (1991), then the Administrator has

Archer v. ADM'R, FLORIDA STATE HOSP.

622 So. 2d 107, 1993 WL 280343

District Court of Appeal of Florida | Filed: Jul 28, 1993 | Docket: 546849

Cited 1 times | Published

continued involuntary placement pursuant to section 394.467(4), Florida Statutes (1991). A hearing was

STATE, DHRS v. Bentley

617 So. 2d 368, 1993 WL 114774

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 1512496

Cited 1 times | Published

report. Using the authority of the Baker Act, section 394.467, Florida Statutes (1991) (Involuntary Placement)

Lefebvre v. North Broward Hosp. Dist.

566 So. 2d 568, 1990 WL 120665

District Court of Appeal of Florida | Filed: Aug 22, 1990 | Docket: 547478

Cited 1 times | Published

petition for involuntary placement pursuant to section 394.467, Florida Statutes (1989) (the Baker Act), seeking

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

hospitalization set forth in [section] 916.15(1), and [section] 394.467(1)(a), Florida Statutes." The order committed

Artigas v. Winn-Dixie Stores, Inc.

544 So. 2d 1051, 14 Fla. L. Weekly 1289, 1989 Fla. App. LEXIS 3055, 1989 WL 57834

District Court of Appeal of Florida | Filed: May 25, 1989 | Docket: 1300822

Cited 1 times | Published

adjudicated incompetent for all purposes. See § 394.467(3)(d), Fla. Stat. (1987). Having determined that

Haveard v. State

520 So. 2d 636, 1988 WL 12545

District Court of Appeal of Florida | Filed: Feb 12, 1988 | Docket: 1709451

Cited 1 times | Published

Florida State Hospital, pursuant to The Baker Act. § 394.467, Fla. Stat. (1985). On December 1, 1986, appellant

Husk v. State

453 So. 2d 153

District Court of Appeal of Florida | Filed: Jul 18, 1984 | Docket: 1162904

Cited 1 times | Published

released. Moreover, the alternative criteria in Section 394.467(1)(b)(4)(b) were met in this case. All of the

In Re Alvarez

342 So. 2d 492

Supreme Court of Florida | Filed: Jan 27, 1977 | Docket: 1521261

Cited 1 times | Published

Circuit Court of Dade County which held that Section 394.467, Florida Statutes (1973), was constitutional

H. P. v. State of Florida

District Court of Appeal of Florida | Filed: May 30, 2025 | Docket: 70411136

Published

deemed to be inappropriate or unavailable. § 394.467(2)(b)1.–3., Fla. Stat.

D. G. v. State of Florida

District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929335

Published

involuntary inpatient placement. See generally § 394.467(7), Fla. Stat. (2023). Nor does the order adopt

C. D. v. INVOLUNTARY PLACEMENT

District Court of Appeal of Florida | Filed: Nov 15, 2023 | Docket: 67078469

Published

evidence, as section 394.467 requires. We agree. Under subsection (1)(a)2 of section 394.467, the State

D.J. v. The State of Florida

District Court of Appeal of Florida | Filed: Nov 15, 2023 | Docket: 68008448

Published

the trial court pursuant to Florida Statute Section 394.467. Upon consideration of the state’s commendable

C. D. v. INVOLUNTARY PLACEMENT

District Court of Appeal of Florida | Filed: Nov 8, 2023 | Docket: 67078469

Published

evidence, as section 394.467 requires. We agree. Under subsection (1)(a)2 of section 394.467, the State

KAREN ROSS v. STATE OF FLORIDA

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

Published

convincing evidence the criteria set forth in section 394.467(1), Florida Statutes (2022) (part of “The Florida

BRENT GORDON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698561

Published

causing, attempting, or threatening such harm[.]” § 394.467(1)(a)2., Fla. Stat. (2021). The state concedes

In Re: Amendments to Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, and Florida Rules of Appellate Procedure

Supreme Court of Florida | Filed: Jul 14, 2022 | Docket: 63591315

Published

proceedings for involuntary commitment pursuant to section 394.467, Florida Statutes, communication technology

JOHN WESLEY KOGEL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 8, 2022 | Docket: 63369348

Published

for involuntary inpatient placement. Under section 394.467, Florida Statutes (2020), also known as the

JENNIFER BESS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689403

Published

commitment. Appellant then filed this appeal. Section 394.467, Florida Statutes (2021), lays out specific

JERMAINE CLARINGTON v. State

District Court of Appeal of Florida | Filed: Dec 2, 2020 | Docket: 18707239

Published

mental health facility or hospital pursuant to section 394.467, Florida Statutes (2016) (“the Baker Act”)

Cruz v. Green

352 F. Supp. 3d 1213

District Court, S.D. Florida | Filed: Jan 7, 2019 | Docket: 64322085

Published

committed, under the Baker Act, *1217Fla. Stat. § 394.467 (2016), to the Broward Health Medical Center (the

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

defendant meets the criteria for commitment under section 394.467, Florida Statutes, the court shall commit the

D. F. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 6, 2018 | Docket: 7371871

Published

inpatient treatment facility for three months. See § 394.467, Fla. Stat. (2016). We have jurisdiction. See

AUGUSTUS ROSE v. STATE OF FLORIDA

248 So. 3d 161

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7062003

Published

review 1The “Baker-acted” reference is to section 394.467, Florida Statutes (2013) (“the Baker Act”)

D.F. v. State

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

Published

properly conceded error. Finding 1 § 394.467, Fla. Stat. (2017). that Petitioner was entitled

L.G. v. State

244 So. 3d 418

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

Published

he was a danger to himself or others) (citing § 394.467(1)(a), Fla. Stat. (2016) ; In re Lehrke, 12 So

L.G. v. State

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

Published

he was a danger to himself or others) (citing § 394.467(1)(a), Fla. Stat. (2016); In re Lehrke, 12 So

Scott A. Sanders v. State

242 So. 3d 464

District Court of Appeal of Florida | Filed: Mar 26, 2018 | Docket: 6356435

Published

1999 version of the Baker Act; specifically, section 394.467(1)(a)2.a., the language and requirements of

J.F. v. State

District Court of Appeal of Florida | Filed: Jan 8, 2018 | Docket: 6262724

Published

petition and order his immediate release. See § 394.467(1)(a), Fla. Stat. (2017); C.W. v. State, 214

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

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

Published

inpatient placement at the Medical Center under section 394.467(1), Florida Statutes (2016). On

A.B. v. State

212 So. 3d 540, 2017 WL 1040878, 2017 Fla. App. LEXIS 3612

District Court of Appeal of Florida | Filed: Mar 14, 2017 | Docket: 60263380

Published

commitment issued by the lower court pursuant to section 394.467, Florida Statutes (2017), is improper because

A.B. v. State

District Court of Appeal of Florida | Filed: Mar 13, 2017 | Docket: 4621388

Published

commitment issued by the lower court pursuant to section 394.467, Florida Statutes (2017), is improper because

Doe v. State

210 So. 3d 154

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

Published

working days following the filing of the petition. § 394.467(6)(a)(1); see In re Involuntary Placement of Linn

K.C. v. State

190 So. 3d 242, 2016 Fla. App. LEXIS 6976, 2016 WL 2609647

District Court of Appeal of Florida | Filed: May 5, 2016 | Docket: 60254895

Published

commitment issued by the lower court pursuant to section 394.467, Florida Statutes (2015), is improper because

K.C. v. State

District Court of Appeal of Florida | Filed: May 2, 2016 | Docket: 3063754

Published

commitment issued by the lower court pursuant to section 394.467, Florida Statutes (2015), is improper because

J.W. v. Agency for Health Care Administration

178 So. 3d 542, 2015 Fla. App. LEXIS 17061

District Court of Appeal of Florida | Filed: Nov 13, 2015 | Docket: 60251490

Published

AFFIRMED. WOLF and SWANSON, JJ., concur. . See § 394.467, Fla. Stat. . AHCA asserts for the first time

Department of Children & Families v. State

201 So. 3d 78, 2015 Fla. App. LEXIS 13447

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757117

Published

commitment under the Baker Act. See § 394.467, Fla. Stat. (2011). By default, the only option

Paolercio v. State

129 So. 3d 1174, 2014 WL 92317, 2014 Fla. App. LEXIS 250

District Court of Appeal of Florida | Filed: Jan 10, 2014 | Docket: 60237321

Published

institute civil commitment proceedings pursuant to section 394.467, Florida Statutes (2012). See Bronson v. State

Thomas v. State

93 So. 3d 404, 2012 WL 2471318, 2012 Fla. App. LEXIS 10580

District Court of Appeal of Florida | Filed: Jun 29, 2012 | Docket: 60310573

Published

criteria for commitment under the Baker Act.2 Section 394.467, Florida Statutes (2011), of the Baker Act

Auxier v. Jerome Golden Center for Behavioral Health

85 So. 3d 1164, 2012 Fla. App. LEXIS 5572, 2012 WL 1192102

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 444838

Published

discharging the public defender's office. Section 394.467(4), Florida Statutes (2011), requires appointment

AE v. State

83 So. 3d 1000, 2012 WL 1020023

District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 2578272

Published

substantial evidence to satisfy the requirements of section 394.467(1)(a)1.b., Florida Statutes (2011), which is

Olsen v. Astrue

858 F. Supp. 2d 1306, 2012 WL 1523435, 2012 U.S. Dist. LEXIS 62008

District Court, M.D. Florida | Filed: Mar 7, 2012 | Docket: 65980934

Published

visited February 14, 2012). . See Fla. Stat. § 394.467 for discussion of involuntary inpatient placement

Perkins v. State

84 So. 3d 336, 2012 WL 385477, 2012 Fla. App. LEXIS 1786

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60306691

Published

for involuntary placement pursuant to Florida Statute 394.467.” In addition, the order directs that Mr

Linn v. State

79 So. 3d 783, 2011 WL 6184469

District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 60305381

Published

to a general magistrate for a hearing under section 394.467. This hearing is commonly referred to as a

Burke v. Northeast Florida State Hospital

18 So. 3d 1234, 2009 Fla. App. LEXIS 15179, 2009 WL 3232112

District Court of Appeal of Florida | Filed: Oct 8, 2009 | Docket: 60252035

Published

bodily harm to himself or another person. See § 394.467(l)(a)2, Fla. Stat. (2009). Although the psychiatrist

WM v. State

992 So. 2d 383, 2008 WL 4525772

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

Published

Orlando. Under Florida's Mental Health Act, section 394.467, Florida Statutes (2007), the circuit court

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

Orlando. Under Florida’s Mental Health Act, section 394.467, Florida Statutes (2007), the circuit court

Thorp v. State

991 So. 2d 1004, 2008 WL 4425476

District Court of Appeal of Florida | Filed: Oct 2, 2008 | Docket: 108169

Published

involuntary commitment entered pursuant to section 394.467, Florida Statutes (2007). Because the record

Rice v. State

988 So. 2d 725, 2008 Fla. App. LEXIS 12339, 2008 WL 3852764

District Court of Appeal of Florida | Filed: Aug 20, 2008 | Docket: 64855502

Published

agree and reverse for further proceedings. Section 394.467(6)(a)2, Florida Statutes (2007), provides,

Love v. State

980 So. 2d 1234, 2008 Fla. App. LEXIS 6949, 2008 WL 1930169

District Court of Appeal of Florida | Filed: May 5, 2008 | Docket: 64854805

Published

involuntary commitment entered pursuant to section 394.467, Florida Statutes (2007). Because the record

In the Interest of A.G. v. State

963 So. 2d 293, 2007 Fla. App. LEXIS 12231, 2007 WL 2254699

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 64851875

Published

involuntary commitment entered pursuant to section 394.467, Florida Statutes (2006). Because the record

Brown v. State

953 So. 2d 688, 2007 WL 980740

District Court of Appeal of Florida | Filed: Apr 4, 2007 | Docket: 2584760

Published

order of involuntary inpatient placement under section 394.467, Florida Statutes (2006). The appellant argues

Tarquinio v. Department of Children & Families

930 So. 2d 863, 2006 Fla. App. LEXIS 10189, 2006 WL 1686410

District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 64845234

Published

continued involuntary placement pursuant to section 394.467(1), Florida Statutes. Specifically, the state

L.M. v. Department of Children & Families

910 So. 2d 304, 2005 Fla. App. LEXIS 13390, 2005 WL 2043497

District Court of Appeal of Florida | Filed: Aug 26, 2005 | Docket: 64840293

Published

BRIEF. ORFINGER and MONACO, JJ., concur. . See § 394.467, Fla. Stat. (2003).

Lischka v. State

901 So. 2d 1025, 2005 Fla. App. LEXIS 7842, 2005 WL 1225210

District Court of Appeal of Florida | Filed: May 25, 2005 | Docket: 64838134

Published

involuntary commitment entered pursuant to section 394.467, Florida Statutes (2004). Appellant asserts

Morris v. State

902 So. 2d 224, 2005 Fla. App. LEXIS 6893, 2005 WL 1116059

District Court of Appeal of Florida | Filed: May 12, 2005 | Docket: 64838402

Published

involuntary commitment entered pursuant to section 394.467, Florida Statutes (2004). The appellant argues

Rosicka v. State

898 So. 2d 1098, 2005 WL 670648

District Court of Appeal of Florida | Filed: Mar 24, 2005 | Docket: 2552025

Published

involuntary commitment entered pursuant to section 394.467, Florida Statutes (2004). Because the record

Department of Children & Family Services v. J.W.

890 So. 2d 337, 2004 Fla. App. LEXIS 18820

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 64835264

Published

and convincing evidence. See, Florida Statutes § 394.467(1) and Florida Statutes § 394.917(1). The Department

E.F. v. State

889 So. 2d 135, 2004 Fla. App. LEXIS 18149

District Court of Appeal of Florida | Filed: Dec 1, 2004 | Docket: 64834985

Published

Mental Health Act, also known as the Baker Act. Section 394.467(1) of the Baker Act sets forth the evidentiary

EF v. State

889 So. 2d 135, 2004 WL 2726017

District Court of Appeal of Florida | Filed: Dec 1, 2004 | Docket: 1742867

Published

Mental Health Act, also known as the Baker Act. Section 394.467(1) of the Baker Act sets forth the evidentiary

Williams v. State

852 So. 2d 433, 2003 Fla. App. LEXIS 12553, 2003 WL 21993961

District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 64824400

Published

harm on himself or herself or on others. See § 394.467(1), Fla. Stat. (2001). The Supreme Court in Pullen

In the Interest of P.T. v. State

827 So. 2d 1112, 2002 Fla. App. LEXIS 15116, 2002 WL 31307173

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 64818086

Published

consent to treatment within the meaning of section 394.467(6)(d), Florida Statutes, and therefore determined

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

for involuntary hospitalization pursuant to section 394.467(1) of the Baker Act. Id. In this case, the

L.B. v. State

819 So. 2d 922, 2002 Fla. App. LEXIS 8559, 2002 WL 1332755

District Court of Appeal of Florida | Filed: Jun 19, 2002 | Docket: 64816107

Published

order of commitment pursuant to the Baker Act, section 394.467, Florida Statutes (2001). For the reasons that

Pullen v. State

818 So. 2d 601, 2002 Fla. App. LEXIS 6109, 2002 WL 857310

District Court of Appeal of Florida | Filed: May 7, 2002 | Docket: 64815706

Published

continued involuntary placement pursuant to section 394.467(7), Florida Statutes.1 Although the evidence

Tayes v. State

808 So. 2d 278, 2002 Fla. App. LEXIS 2208, 2002 WL 313166

District Court of Appeal of Florida | Filed: Mar 1, 2002 | Docket: 64812819

Published

appeals his involuntary placement pursuant to section 394.467, Florida Statutes (2001). We reverse the order

Craig v. State

804 So. 2d 532, 2002 WL 21711

District Court of Appeal of Florida | Filed: Jan 9, 2002 | Docket: 1334258

Published

involuntary commitment criteria were satisfied. See § 394.467(1)(a)1.b., Fla. Stat. (1999). In order to obtain

Henson v. State

801 So. 2d 316, 2001 Fla. App. LEXIS 17781, 2001 WL 1613799

District Court of Appeal of Florida | Filed: Dec 19, 2001 | Docket: 64810677

Published

appellant was involuntarily committed pursuant to section 394.467, Florida Statutes (2001). She concedes that

Kirkman v. State

795 So. 2d 269, 2001 Fla. App. LEXIS 13729, 2001 WL 1159583

District Court of Appeal of Florida | Filed: Oct 2, 2001 | Docket: 64808822

Published

involuntary placement for treatment pursuant to section 394.467, Florida Statutes. As the appellant asserts

Zumalt v. State

791 So. 2d 592, 2001 Fla. App. LEXIS 11823, 2001 WL 948335

District Court of Appeal of Florida | Filed: Aug 21, 2001 | Docket: 64807415

Published

criteria for involuntary placement pursuant to section 394.467(1), Florida Statutes (2000). We affirm the

Amendments to the Florida Rules of Criminal Procedure

794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Supreme Court of Florida | Filed: Nov 2, 2000 | Docket: 64808411

Published

Adoption. As to involuntary hospitalization, see section 394.467(1), Florida Statutes (1979); as to involuntary

Thigpen v. State

765 So. 2d 100, 2000 Fla. App. LEXIS 5776, 2000 WL 628012

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 64799659

Published

appeals his involuntary commitment pursuant to section 394.467, Florida Statutes (1999). We reverse. The State

Berry v. State

751 So. 2d 764, 2000 Fla. App. LEXIS 1972, 2000 WL 228109

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 64795232

Published

involuntary placement for treatment pursuant to section 394.467, Florida Statutes. However, the record does

Shield v. State

744 So. 2d 564, 1999 Fla. App. LEXIS 14801, 1999 WL 1004623

District Court of Appeal of Florida | Filed: Nov 8, 1999 | Docket: 64792087

Published

had been “Baker-Acted several times.” See section 394.467, Florida Statutes (1997)(providing for involuntary

Ago

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

Published

days? 2. Does the 5-day period contained in section 394.467(6), Florida Statutes (1996 Supplement), for

Williams v. State

692 So. 2d 257, 1997 Fla. App. LEXIS 4135, 1997 WL 194891

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 64772622

Published

an order involuntarily committing him under section 394.467, Florida Statutes (1995). Williams argues,

Florida Department of Health v. Johnson

655 So. 2d 1240, 1995 Fla. App. LEXIS 5645, 20 Fla. L. Weekly Fed. D 1277

District Court of Appeal of Florida | Filed: May 25, 1995 | Docket: 64756684

Published

residential mental health sendees pursuant to section 394.467(2). Acting as a friend to Johnson, Wayne Basford

Bradley v. Akins

650 So. 2d 1069, 1995 Fla. App. LEXIS 1571, 1995 WL 62903

District Court of Appeal of Florida | Filed: Feb 17, 1995 | Docket: 64754445

Published

(3) involuntarily placed Akins pursuant to section 394.467(1), Florida Statutes (1993). The administrator

Butkis v. Administrator, G. Pierce Wood Memorial Hospital

634 So. 2d 1151, 1994 Fla. App. LEXIS 3499, 1994 WL 128057

District Court of Appeal of Florida | Filed: Apr 15, 1994 | Docket: 64747619

Published

reversed or a new hearing is required pursuant to section 394.467(4), Florida Statutes (1991). *1152Reversed

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

failed to satisfy a similar requirement in section 394.467, Florida Statutes (1985)). Accord In re Beverly

Salter v. State

618 So. 2d 352, 1993 Fla. App. LEXIS 5462, 1993 WL 157748

District Court of Appeal of Florida | Filed: May 17, 1993 | Docket: 64696264

Published

involuntarily in Florida State Hospital pursuant to section 394.467, Florida Statutes (1991). We reverse and vacate

Swida v. State

596 So. 2d 670, 17 Fla. L. Weekly Supp. 223, 1992 Fla. LEXIS 680, 1992 WL 63127

Supreme Court of Florida | Filed: Apr 2, 1992 | Docket: 64666521

Published

civil commitment order under The Baker Act, section 394.-467, Florida Statutes (1989), become moot solely

Gonzalez v. Martinez

756 F. Supp. 1533, 1991 WL 16679

District Court, S.D. Florida | Filed: Jan 18, 1991 | Docket: 2134949

Published

Baker Act hearings held pursuant to Fla.Stat. § 394.467.[5] Plaintiffs argue that none of the specific

Dennis v. Redouty

534 So. 2d 756, 1988 WL 120705

District Court of Appeal of Florida | Filed: Nov 15, 1988 | Docket: 1296126

Published

involuntarily placed in that facility. Under section 394.467, Florida Statutes (1987), appellant by separate

Seminole County v. Mize

533 So. 2d 853, 13 Fla. L. Weekly 2362, 1988 Fla. App. LEXIS 4636, 1988 WL 107913

District Court of Appeal of Florida | Filed: Oct 20, 1988 | Docket: 64638535

Published

451, et seq., Florida Statutes (1987). . Section 394.467(2)(b), Florida Statutes (1987). . Section

Taylor v. State

536 So. 2d 1050, 13 Fla. L. Weekly 2094, 1988 Fla. App. LEXIS 4039, 1988 WL 92982

District Court of Appeal of Florida | Filed: Sep 8, 1988 | Docket: 64639595

Published

appellant to Florida State Hospital as the section 394.467, Florida Statutes, criteria were not proven

In the Interest of L.A. v. State

530 So. 2d 489, 13 Fla. L. Weekly 2034, 1988 Fla. App. LEXIS 3927, 1988 WL 91218

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 64636730

Published

Florida State Hospital, because the criteria of section 394.467(l)(a)2.a. and 394.467(l)(b), Florida Statutes

Olive v. State

509 So. 2d 1375, 12 Fla. L. Weekly 1771, 1987 Fla. App. LEXIS 9526

District Court of Appeal of Florida | Filed: Jul 23, 1987 | Docket: 64628467

Published

may be involuntarily committed pursuant to Section 394.467, Florida Statutes, because her behavior or

In re MacIntyre

505 So. 2d 2, 11 Fla. L. Weekly 2090, 1986 Fla. App. LEXIS 9951

District Court of Appeal of Florida | Filed: Oct 2, 1986 | Docket: 64626224

Published

that will support the required criteria of section 394.467(1), Florida Statutes (1985). The order for

Asman v. State

468 So. 2d 464, 10 Fla. L. Weekly 1162, 1985 Fla. App. LEXIS 13892

District Court of Appeal of Florida | Filed: May 8, 1985 | Docket: 64611786

Published

Judge, dissenting. I respectfully dissent. Section 394.467, Florida Statutes (1983) (“the Baker Act”)

Thomas v. Heckler

599 F. Supp. 602, 1984 U.S. Dist. LEXIS 22006, 8 Soc. Serv. Rev. 572

District Court, S.D. Florida | Filed: Nov 14, 1984 | Docket: 66164253

Published

others, and he continued to meet Florida Statute § 394.-467(l)’s enterias for involuntary hospitalization

Wilson v. State

453 So. 2d 413, 1984 Fla. App. LEXIS 13610

District Court of Appeal of Florida | Filed: Jun 15, 1984 | Docket: 64606086

Published

treatment of mental illness, entered under section 394.467, Florida Statutes (Supp.1982), and to schedule

Coppol v. Muhtar

444 So. 2d 1114, 1984 Fla. App. LEXIS 11576

District Court of Appeal of Florida | Filed: Feb 1, 1984 | Docket: 64602585

Published

remained a patient at the hospital. Pursuant to section 394.467(4)(d), Florida Statutes (1981), appellant has

Husk v. State

438 So. 2d 989, 1983 Fla. App. LEXIS 22493

District Court of Appeal of Florida | Filed: Oct 11, 1983 | Docket: 64600028

Published

further involuntary hospitalization pursuant to Section 394.-467(l)(a), Florida Statutes (Supp.1982). We affirm

Coppol v. Sadler

432 So. 2d 651, 1983 Fla. App. LEXIS 19492

District Court of Appeal of Florida | Filed: Jun 1, 1983 | Docket: 64597410

Published

terminate on or about June 13, 1982. Under section 394.467(4), Florida Statutes (1981), the administrator

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

and a timely hearing occurred the next day, Section 394.-467(3). There was no error. Abdullah was capable

Williams v. Wilson

424 So. 2d 159, 1982 Fla. App. LEXIS 22059

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 64594397

Published

remand the cause for further proceedings. Section 394.467(1)(b), Florida Statutes (1981), establishes

Williams v. Beard

422 So. 2d 909, 1982 Fla. App. LEXIS 21366

District Court of Appeal of Florida | Filed: Oct 12, 1982 | Docket: 64593716

Published

involuntary placement of each appellee. Pursuant to § 394.467(4)(a), Fla.Stat. (1981), such requests are to

Dubins v. State

410 So. 2d 999, 1982 Fla. App. LEXIS 19477

District Court of Appeal of Florida | Filed: Mar 16, 1982 | Docket: 64588407

Published

phrase “competence to consent to treatment” in Section 394.-467(3)(a), Florida Statutes (Supp.1980), is not

Fazio v. State

399 So. 2d 432, 1981 Fla. App. LEXIS 20076

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 64583024

Published

confining appellant under the provisions of section 394.467, Florida Statutes (1979). It was alleged appellant

Holiday v. State

386 So. 2d 316, 1980 Fla. App. LEXIS 17243

District Court of Appeal of Florida | Filed: Aug 4, 1980 | Docket: 64577508

Published

does not track the language of Florida Statutes § 394.467 (1979). However, his findings, quoted above, are

Florida Bar

389 So. 2d 610, 1980 Fla. LEXIS 4378

Supreme Court of Florida | Filed: Jul 18, 1980 | Docket: 64578555

Published

involuntary hospitalization is set forth in section 394.467(1), Florida Statutes (1979). As to involuntary

Ingram v. State

379 So. 2d 463, 1980 Fla. App. LEXIS 15527

District Court of Appeal of Florida | Filed: Feb 6, 1980 | Docket: 64574133

Published

presently meets the criteria set forth in section 394.467(1), Florida Statutes (1975), the Court shall

In Re Holland

356 So. 2d 1311

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

Published

involuntary hospitalization under the Baker Act. [Section 394.467, Florida Statutes (1975)]. Accordingly, we

Thurston v. State

355 So. 2d 1224, 1978 Fla. App. LEXIS 15453

District Court of Appeal of Florida | Filed: Feb 23, 1978 | Docket: 64563251

Published

he entered an order that in accordance with Section 394.467(4), Florida Statutes (1975), he was denying

Gorchov v. State

354 So. 2d 116, 1978 Fla. App. LEXIS 15071

District Court of Appeal of Florida | Filed: Jan 24, 1978 | Docket: 64562377

Published

on the appeal. The first point urged that Section 394.467, Florida Statutes (1975), was unconstitutional

In Re Guardianship of Paunack

355 So. 2d 1195, 1978 Fla. LEXIS 4667

Supreme Court of Florida | Filed: Jan 12, 1978 | Docket: 1360876

Published

V, Section 3(b)(3), Florida Constitution. Section 394.467(3)(a), Florida Statutes (1973), the statute

In re Scott

342 So. 2d 490, 1977 Fla. LEXIS 3805

Supreme Court of Florida | Filed: Jan 27, 1977 | Docket: 64557087

Published

Circuit Court of Dade County which held that Section 394.467, Florida Statutes (1973), was constitutional

In re Jackson

342 So. 2d 492, 1977 Fla. LEXIS 3800

Supreme Court of Florida | Filed: Jan 27, 1977 | Docket: 64557088

Published

Circuit Court of Dade County which held that Section 394.467, Florida Statutes (1973), was constitutional

Gorchov v. State

331 So. 2d 346, 1976 Fla. App. LEXIS 14155

District Court of Appeal of Florida | Filed: May 4, 1976 | Docket: 64553525

Published

hospitalized by the circuit court pursuant to Fla.Stat. § 394.-467. There is no claim that appellant Gor-chov is

Ago

Florida Attorney General Reports | Filed: Mar 11, 1976 | Docket: 3258810

Published

defender shall be prescribed by general law. Section 394.467(4)(e), F. S., states that "[i]n the event a

State v. Brown

307 So. 2d 896, 1975 Fla. App. LEXIS 14674

District Court of Appeal of Florida | Filed: Jan 14, 1975 | Docket: 64544374

Published

Health for hospitalization under the provisions of § 394.467, Florida Statutes. It further provides that, “The