The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.467

394.467 Involuntary inpatient placement.—

(1) CRITERIA.—A person may be ordered for involuntary inpatient placement for treatment upon a finding of the court by clear and convincing evidence that:

(a) He or she has a mental illness and because of his or her mental illness:

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

b. He or she 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 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. There is substantial likelihood that in the near future he or she will inflict serious bodily harm on self or others, as evidenced by recent behavior causing, attempting, or threatening such harm; and

(b) All available less restrictive treatment alternatives that would offer an opportunity for improvement of his or her condition have been judged to be inappropriate.

(2) ADMISSION TO A TREATMENT FACILITY.—A patient may be retained by a facility or involuntarily placed in a treatment facility 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. The recommendation must be supported by the opinion of a psychiatrist and the second opinion of a clinical psychologist or another psychiatrist, both of whom have personally examined the patient within the preceding 72 hours, that the criteria for involuntary inpatient placement are met. However, if the administrator certifies that a psychiatrist or clinical psychologist is not available to provide the second opinion, the second opinion may be provided by a licensed physician who has postgraduate training and experience in diagnosis and treatment of mental illness or by a psychiatric nurse. Any opinion authorized in this subsection may be conducted through a face-to-face examination, in person, or by electronic means. Such recommendation shall be entered on a petition for involuntary inpatient placement certificate that authorizes the facility to retain the patient pending transfer to a treatment facility or completion of a hearing.

(3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—The administrator of the facility shall file a petition for involuntary inpatient placement in the court in the county where the patient is located. Upon filing, the clerk of the court shall provide copies to the department, the patient, the patient’s guardian or representative, and the state attorney and public defender of the judicial circuit in which the patient is located. A fee may not be charged for the filing of a petition under this subsection.

(4) APPOINTMENT OF COUNSEL.—Within 1 court working day after the filing of a petition for involuntary inpatient placement, 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. The clerk of the court shall immediately notify the public defender of such appointment. Any attorney representing the patient shall have 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.

(5) CONTINUANCE OF HEARING.—The patient is entitled, with the concurrence of the patient’s counsel, to at least one continuance of the hearing for up to 4 weeks.

(6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—

(a)1. The court shall hold the hearing on involuntary inpatient placement within 5 court working days, unless a continuance is granted.

2. Except for good cause documented in the court file, the hearing must be held in the county or the facility, as appropriate, where the patient is located, 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, and the patient’s counsel does not object, the court may waive the presence 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 petitioning facility administrator, as the real party in interest in the proceeding.

3. The court may appoint a magistrate to preside at the hearing. One of the professionals who executed the petition for involuntary inpatient placement 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 testimony in the hearing must be given under oath, and the proceedings must be recorded. The patient may refuse to testify at the hearing.

(b) If the court concludes that the patient meets the criteria for involuntary inpatient placement, it may order that the patient be transferred to 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 90 days. However, any order for involuntary mental health services in a treatment facility may be for up to 6 months. The order shall specify the nature and extent of the patient’s mental illness. The court may not order an individual with traumatic brain injury or dementia who lacks a co-occurring mental illness to be involuntarily placed in a state treatment facility. The facility shall discharge a patient any time the patient no longer meets the criteria for involuntary inpatient placement, unless the patient has transferred to voluntary status.

(c) If at any time before the conclusion of the hearing on involuntary inpatient placement it appears to the court that the person does not meet the criteria for involuntary inpatient placement under this section, but instead meets the criteria for involuntary outpatient services, the court may order the person evaluated for involuntary outpatient services pursuant to s. 394.4655. The petition and hearing procedures set forth in s. 394.4655 shall apply. If the person instead meets the criteria for involuntary assessment, protective custody, or involuntary admission pursuant to s. 397.675, then the court may order the person to be admitted for involuntary assessment for a period of 5 days pursuant to s. 397.6811. Thereafter, all proceedings are governed by chapter 397.

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

(e) The administrator of the petitioning facility shall provide a copy of the court order and adequate documentation of a patient’s mental illness to the administrator of a treatment facility if the patient is ordered for involuntary inpatient placement, whether by civil or criminal court. 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.

(7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT PLACEMENT.—

(a) Hearings on petitions for continued involuntary inpatient placement 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 administrative law 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.

(b) If the patient continues to meet the criteria for involuntary inpatient placement and is being treated at a treatment facility, the administrator shall, before the expiration of the period the treatment facility is authorized to retain the patient, file a petition requesting authorization for continued involuntary inpatient placement. The request 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 involuntarily placed, and an individualized plan of continued treatment. Notice of the hearing must be provided as provided in s. 394.4599. If a patient’s attendance at the hearing is voluntarily waived, the administrative law judge must determine that the waiver is knowing and voluntary before waiving the presence of the patient from all or a portion of the hearing. Alternatively, if at the hearing the administrative law judge finds that attendance at the hearing is not consistent with the best interests of the patient, the administrative law 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.

(c) Unless the patient is otherwise represented or is ineligible, he or she shall be represented at the hearing on the petition for continued involuntary inpatient placement by the public defender of the circuit in which the facility is located.

(d) If at a hearing it is shown that the patient continues to meet the criteria for involuntary inpatient placement, the administrative law judge shall sign the order for continued involuntary inpatient placement for up to 90 days. However, any order for involuntary mental health services in a treatment facility may be for up to 6 months. The same procedure shall be repeated before the expiration of each additional period the patient is retained.

(e) If continued involuntary inpatient placement is necessary for a patient 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.

(f) If the patient has been previously found incompetent to consent to treatment, the administrative law judge shall consider testimony and evidence regarding the patient’s competence. If the administrative law judge finds evidence that the patient is now competent to consent to treatment, 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.

(g) If the patient has been ordered to undergo involuntary inpatient placement and has previously been found incompetent to consent to treatment, the court shall consider testimony and evidence regarding the patient’s incompetence. If the patient’s competency to consent to treatment is restored, the discharge of the guardian advocate shall be governed by s. 394.4598.

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

(8) RETURN TO FACILITY.—If a patient involuntarily held at a treatment facility under this part 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.

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.

F.S. 394.467 on Google Scholar

F.S. 394.467 on Casetext

Amendments to 394.467

Arrestable Offenses / Crimes under Fla. Stat. 394.467

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.467.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CRUZ, v. GREEN, 352 F. Supp. 3d 1213 (S.D. Fla. 2019)

. . . . § 394.467 (2016), to the Broward Health Medical Center (the "Medical Center"), where Plaintiff spent . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . If the defendant meets the criteria for commitment under section 394.467, Florida Statutes, the court . . .

D. F. v. STATE, 251 So. 3d 276 (Fla. App. Ct. 2018)

. . . See § 394.467, Fla. Stat. (2016). We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). . . . Section 394.467(1) sets forth the statutory criteria. . . . would offer an opportunity for improvement of his ... condition have been judged to be inappropriate. § 394.467 . . . D.F. also argues that section 394.467(1)(a)(2)(b) is inapplicable. . . . Because section 394.467(1)(a)(2)(b) is inapplicable, we focus on D.F.'s first two arguments. Dr. . . .

ROSE, v. STATE, 248 So. 3d 161 (Fla. App. Ct. 2018)

. . . The "Baker-acted" reference is to section 394.467, Florida Statutes (2013) ("the Baker Act"). . . .

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

. . . . § 394.467(6)(a) 3., Fla. Stat. (2017) ("The patient may refuse to testify at the hearing."). . . . COHEN, C.J., ORFINGER and EISNAUGLE, JJ., concur. § 394.467, Fla. Stat. (2017). . . .

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

. . . petitioner without clear and convincing evidence that he was a danger to himself or others) (citing § 394.467 . . .

P. LIVINGSTON, v. STATE, 241 So. 3d 282 (Fla. App. Ct. 2018)

. . . See 394.467(1)(a)2.a., Fla. Stat. (2018). . . .

SANDERS, v. STATE, 242 So. 3d 464 (Fla. App. Ct. 2018)

. . . addressed an involuntary commitment pursuant to the 1999 version of the Baker Act; specifically, section 394.467 . . .

J. F. v. STATE, 232 So. 3d 1182 (Fla. Dist. Ct. App. 2018)

. . . See § 394.467(l)(a), Fla. Stat. (2017); C.W. v. . . .

LEONARD, v. GEORGE WASHINGTON UNIVERSITY HOSPITAL, 273 F. Supp. 3d 247 (D.D.C. 2017)

. . . . § 394.467, which “governs the involuntary inpatient placement of persons with mental illness.” . . .

DOE, v. STATE, 217 So. 3d 1020 (Fla. 2017)

. . . See § 394.467(2), (6). . . . .” § 394.467(6)(a)l. . . . .” § 394.467(4). . . . .” § 394.467(6)(a)2. (emphasis added). . . . See § 394.467(6)(a), Fla. Stat. . . . judge be physically present to preside over involuntary inpatient placement hearings under section 394.467 . . .

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

. . . See § 394.467(1)(a), Fla. . . .

A. B. v. STATE, 212 So. 3d 540 (Fla. Dist. Ct. App. 2017)

. . . The order of involuntary commitment issued by the lower court pursuant to section 394.467, Florida Statutes . . .

DOE, v. STATE C. Y. v. H. H. v. E. P. v. R. C. v. J. G. v. R. D. v. M. R. v. M. R. v. K. M. v. J. M. v. C. W. v. G. P. v. A. P. v. A. B. v., 210 So. 3d 154 (Fla. Dist. Ct. App. 2016)

. . . . § 394.467(6)(a)(1); see In re Involuntary Placement of Linn, 79 So.3d 783, 785 (Fla. 2d DCA 2011). . . . Section 394.467 of the Baker Act governs involuntary inpatient placement and Baker Act hearings. . . . . § 394.467(1). . . . Nothing in section 394.467 requires the judicial officer to be physically present in the “setting[ ] . . . In making this argument, the petitioners direct our attention to section 394.467 and other authority. . . . A hearing convened under section 394.467 is an evidentiary court proceeding, akin to a trial, where the . . .

K. C. v. STATE, 190 So. 3d 242 (Fla. Dist. Ct. App. 2016)

. . . She argues that the order of involuntary commitment issued by the lower court pursuant to section 394.467 . . .

B. WILLS v. JONES,, 213 So. 3d 982 (Fla. Dist. Ct. App. 2016)

. . . See § 394.467(1), (l)(a)2.a, Fla. . . .

J. W. c o v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 178 So. 3d 542 (Fla. Dist. Ct. App. 2015)

. . . See § 394.467, Fla. Stat. . . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. STATE C. Z., 201 So. 3d 78 (Fla. Dist. Ct. App. 2015)

. . . See § 394.467, Fla. Stat. (2011). . . .

J. R. v. PALMER,, 175 So. 3d 710 (Fla. 2015)

. . . Florida Statutes, involuntary commitment of persons with mental illness under sections 394.4655(7) and 394.467 . . . section 916.303(3), involuntary commitments of persons with mental illness under sections 394.4655(7) and 394.467 . . .

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

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

WILLIAMS, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION,, 580 F. App'x 732 (11th Cir. 2014)

. . . . § 394.467). . . .

STATE v. DAVIS,, 133 So. 3d 1101 (Fla. Dist. Ct. App. 2014)

. . . court finds that: (A) the defendant meets the criteria for commitment as set forth by statute [section 394.467 . . .

PAOLERCIO, v. STATE, 129 So. 3d 1174 (Fla. Dist. Ct. App. 2014)

. . . fix, the only recourse is for the State to institute civil commitment proceedings pursuant to section 394.467 . . .

A. MOULIOM, v. NORTHEAST FLORIDA STATE HOSPITAL,, 128 So. 3d 979 (Fla. Dist. Ct. App. 2014)

. . . 2013, the administrator at the Northeast Florida State Hospital filed a petition pursuant to section 394.467 . . . present at hearing, but she was represented by an assistant public defender as required by section 394.467 . . . recognized in the context of an initial commitment hearing held by the circuit court under section 394.467 . . . This is significant because proceedings under section 394.467(7) necessarily involve patients with mental . . . We are mindful that proceedings under section 394.467(7) are typically brief and do not involve all of . . .

J. R. v. HANSEN,, 736 F.3d 959 (11th Cir. 2013)

. . . . § 394.467(7); id. § 394.4655(7). . . .

PEREZ, v. UNITED STATES, 883 F. Supp. 2d 1257 (S.D. Fla. 2012)

. . . . § 394.467 (the “Baker Act”) for psychiatric care in a “lock-down” unit. Stip. ¶ 34. . . . Stat. § 394.467. See, e.g., Paddock v. . . .

THOMAS, v. STATE, 93 So. 3d 404 (Fla. Dist. Ct. App. 2012)

. . . Section 394.467, Florida Statutes (2011), of the Baker Act states the criteria for involuntary inpatient . . . Subsections 394.467(1)(a)(2)(a) and (b) require the trial court to make the same findings as sections . . .

H. BRONSON, v. STATE, 89 So. 3d 1089 (Fla. Dist. Ct. App. 2012)

. . . moved to civilly commit Bronson to the Department of Children and Families [“DCF”] pursuant to section 394.467 . . . order, concluding that the trial court did not follow the procedural requirements set forth in Section 394.467 . . .

AUXIER, v. JEROME GOLDEN CENTER FOR BEHAVIORAL HEALTH, 85 So. 3d 1164 (Fla. Dist. Ct. App. 2012)

. . . Section 394.467(4), Florida Statutes (2011), requires appointment of the public defender’s office to . . . represent indigent mental patients in hearings to determine the need for continued involuntary placement. § 394.467 . . .

A. E. v. STATE, 83 So. 3d 1000 (Fla. Dist. Ct. App. 2012)

. . . findings, we conclude there is competent substantial evidence to satisfy the requirements of section 394.467 . . .

OLSEN, v. J. ASTRUE,, 858 F. Supp. 2d 1306 (M.D. Fla. 2012)

. . . . § 394.467 for discussion of involuntary inpatient placement under the ls aker Act. . . . .

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

. . . involuntarily committing Steven Bronson, a criminal defendant, to the custody of DCF pursuant to section 394.467 . . . dismissal would be improper and suggested that Bronson met the criteria for civil commitment under section 394.467 . . . Bronson in which it argued that Bronson did not meet the criteria for involuntary placement under section 394.467 . . . importantly, DCF observed the lack of compliance with the procedural requirements set forth in section 394.467 . . . State and Bronson concede, the trial court did not follow the multi-step process established in section 394.467 . . .

PERKINS, Jr. v. STATE, 84 So. 3d 336 (Fla. Dist. Ct. App. 2012)

. . . the Defendant continues to meet the criteria for involuntary placement pursuant to Florida Statute 394.467 . . . Perkins met the criteria for civil commitment under section 394.467(1). . . . Perkins .met the criteria for civil commitment under section 394.467(1). . . . treatment under rule 3.212(c)(3), may have satisfied the requirements of a Baker Act hearing under section 394.467 . . . Perkins met the criteria for civil commitment under section 394.467(1). . . .

A. TUTEN, v. FARIBORZIAN, M. D. a, 84 So. 3d 1063 (Fla. Dist. Ct. App. 2012)

. . . petition for involuntary placement requires proof that a patient meets the criteria outlined in section 394.467 . . . alternatives which would offer an opportunity for improvement ... have been judged to be inappropriate.” § 394.467 . . . alternatives which would offer an opportunity for improvement ... have been judged to be inappropriate.” § 394.467 . . . treatment, involuntary placement in Meridian would have been inconsistent with the mandate of section 394.467 . . .

In INVOLUNTARY PLACEMENT OF LINN. v., 79 So. 3d 783 (Fla. Dist. Ct. App. 2011)

. . . The matter was immediately referred to a general magistrate for a hearing under section 394.467. . . . Rule of Criminal Procedure 3.212(c) might be the legal equivalent of a Baker Act hearing under section 394.467 . . . This safeguard procedure is very similar to the review process mandated by section 394.467(6)-(7). . . . simply to shift the safeguard procedures from those in rule 3.212 to the similar procedures in section 394.467 . . .

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

. . . 394.455(34) as one “to determine if an individual qualifies for involuntary inpatient treatment under s. 394.467 . . .

In DRUMMOND. v., 69 So. 3d 1054 (Fla. Dist. Ct. App. 2011)

. . . See § 394.467, Fla. Stat. (2009). Both Ms. . . . Many of the procedures applicable to these proceedings are actually described in section 394.467. . . . See § 394.467(1). . . .

C. G. v. DEPARTMENT OF CHILDREN AND FAMILIES, 67 So. 3d 1141 (Fla. Dist. Ct. App. 2011)

. . . . § 394.467, Fla. Stat. (2010). . . .

BURLEY, v. STATE, 59 So. 3d 131 (Fla. Dist. Ct. App. 2011)

. . . Order of Commitment for Involuntary Placement (“Order of Commitment”), entered pursuant to section 394.467 . . . Chalk, 443 So.2d at 422 (citing § 394.467(4)(e), Fla. Stat. (Supp.1982)). . . . Section 394.467(4), Florida Statutes (2009), provides: (4) APPOINTMENT OF COUNSEL.— Within 1 court working . . . Whereas, section 394.467(4)(e), Florida Statutes (1982 Supp.), provides in part: The patient and his . . .

SMITH v. RAINEY,, 747 F. Supp. 2d 1327 (M.D. Fla. 2010)

. . . "Florida Statute § 394.467, known as the Baker Act, allows a person to be placed involuntarily in a treatment . . .

D. M. H. v. PIETILLA,, 33 So. 3d 800 (Fla. Dist. Ct. App. 2010)

. . . . §§ 394.4655(6)(a)l„ 394.467(6)(a)l., Fla. Stat. (2008). . . . If involuntary inpatient placement is sought, the trial court must hold a hearing “within 5 days.” § 394.467 . . . argue that because section 394.4655(6)(a)l. uses “working” days, the omission of that word in section 394.467 . . . Because section 394.467 does not specifically indicate how the five-day time period is to be calculated . . .

W. TROYANOS, Jr. J. v. COATS, D. O. F. a RN E. a, 372 F. App'x 932 (11th Cir. 2010)

. . . Stat § 394.467. . . .

C. BURKE, v. NORTHEAST FLORIDA STATE HOSPITAL,, 18 So. 3d 1234 (Fla. Dist. Ct. App. 2009)

. . . See § 394.467(l)(a)2, Fla. Stat. (2009). . . .

In LEHRKE v., 12 So. 3d 307 (Fla. Dist. Ct. App. 2009)

. . . individual, the State must prove by clear and convincing evidence the criteria spelled out in section 394.467 . . . has either refused voluntary placement or is unable to determine whether placement is necessary. § 394.467 . . . However, pursuant to subsection 394.467(l)(a)(2), the State must also show that Lehrke either is likely . . . evidence presented below leads us to conclude that the State failed to meet its burden under section 394.467 . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. AMAYA, 10 So. 3d 152 (Fla. Dist. Ct. App. 2009)

. . . See § 394.467, Fla. Stat. (2008) (providing for involuntary inpatient placement). . . .

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

. . . Under Florida’s Mental Health Act, section 394.467, Florida Statutes (2007), the circuit court is required . . . Especially where it addresses hearings for continued involuntary inpatient treatment, section 394.467 . . . Section 394.467, Florida Statutes, governs involuntary inpatient placement. . . . (internal quotations omitted) Finally, in 1978, section 394.467 was amended to provide that the mandates . . . This rule fully comports with the language in subsection 394.467(7)(b) which, in discussing petitions . . .

THORP, v. STATE, 991 So. 2d 1004 (Fla. Dist. Ct. App. 2008)

. . . The appellant challenges an order of involuntary commitment entered pursuant to section 394.467, Florida . . . Under section 394.467(1), the state must demonstrate, among other things, either that the patient is . . . See § 394.467(l)(a)2, Fla. Stat. (2007). . . .

A. P. BAZERMAN, R. K. N. M. R. M. v. FEAVER,, 293 F. App'x 635 (11th Cir. 2008)

. . . "Florida Statute § 394.467, known as the Baker Act, allows a person to be placed involuntarily in a treatment . . .

In INVOLUNTARY PLACEMENT OF RICE. v., 988 So. 2d 725 (Fla. Dist. Ct. App. 2008)

. . . Section 394.467(6)(a)2, Florida Statutes (2007), provides, in part: “The patient and the patient’s guardian . . .

LOVE, v. STATE, 980 So. 2d 1234 (Fla. Dist. Ct. App. 2008)

In A. G. v. STATE, 963 So. 2d 293 (Fla. Dist. Ct. App. 2007)

. . . A.G. appeals the trial court’s order of involuntary commitment entered pursuant to section 394.467, Florida . . .

BROWN, v. STATE, 956 So. 2d 1269 (Fla. Dist. Ct. App. 2007)

. . . Appellant seeks review of an order of involuntary inpatient placement under section 394.467, Florida . . .

S. BROWN, v. STATE, 953 So. 2d 688 (Fla. Dist. Ct. App. 2007)

. . . Brown, appeals an order of involuntary inpatient placement under section 394.467, Florida Statutes (2006 . . .

. . . The appellant, Ezekiel Register, appeals an order of involuntary inpatient placement under section 394.467 . . .

JOHNSON, v. HEALTH CENTRAL HOSPITAL,, 208 F. App'x 797 (11th Cir. 2006)

. . . . § 394.467, which allows a person to be placed involuntarily in a treatment facility if clear and convincing . . . Id. at § 394.467(1). . . . .

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

. . . The term includes a child or adolescent who meets the criteria for involuntary placement under s. 394.467 . . . Section 394.467(1) provides that "[a] person may be placed in involuntary inpatient placement for treatment . . . another person, as evidenced by recent behavior causing, attempting, or threatening such harm[.]” § 394.467 . . . ] does not include ,a child or adolescent who meets the criteria for involuntary placement under s. 394.467 . . . involuntary examination or involuntary placement entered pursuant to [the Baker Act] s. 394.463 or s. 394.467 . . .

TARQUINIO, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 930 So. 2d 863 (Fla. Dist. Ct. App. 2006)

. . . evidence that appellant meets the criteria for continued involuntary placement pursuant to section 394.467 . . .

PATRICK v. PALM BEACH COUNTY SCHOOL BOARD,, 927 So. 2d 973 (Fla. Dist. Ct. App. 2006)

. . . Under section 394.467, Florida Statutes (2002) (the Baker Act), a court may order inpatient treatment . . .

L. M. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 910 So. 2d 304 (Fla. Dist. Ct. App. 2005)

. . . See § 394.467, Fla. Stat. (2003). . . .

LISCHKA, v. STATE, 901 So. 2d 1025 (Fla. Dist. Ct. App. 2005)

. . . This is an appeal from an order of involuntary commitment entered pursuant to section 394.467, Florida . . . See § 394.467(1)(a)2, Fla. Stat. (2004); Adams v. State, 713 So.2d 1063 (Fla. 1st DCA 1998). . . .

MORRIS, III, v. STATE, 902 So. 2d 224 (Fla. Dist. Ct. App. 2005)

. . . The appellant appeals the trial court’s order of involuntary commitment entered pursuant to section 394.467 . . . Under section 394.467, Florida Statutes, the state must present clear and convincing evidence of the . . . Under section 394.467(1), the state must show, among other criteria, that “[a]ll available less restrictive . . . offer an opportunity for improvement of his or her condition have been judged to bé inappropriate.” § 394.467 . . .

ROSICKA, v. STATE, 898 So. 2d 1098 (Fla. Dist. Ct. App. 2005)

. . . The appellant challenges an order of involuntary commitment entered pursuant to section 394.467, Florida . . . Under section 394.467, Florida Statutes, the state must present clear and convincing evidence of the . . . Under section 394.467(1), the state must show, among other criteria, either that the patient by neglect . . . See § 394.467(l)(a)2, Fla. Stat. (2004). . . .

K. BROWN, v. STATE, 893 So. 2d 714 (Fla. Dist. Ct. App. 2005)

. . . This appeal seeks review of an order of involuntary commitment entered pursuant to section 394.467, Florida . . .

In J. W. a v. J. W., 890 So. 2d 337 (Fla. Dist. Ct. App. 2004)

. . . See, Florida Statutes § 394.467(1) and Florida Statutes § 394.917(1). . . . See § 394.467(1), Fla. Stat. (2003). . . .

WILLIAMS, v. STATE, 889 So. 2d 804 (Fla. 2004)

. . . involuntary commitments under the Baker Act, which are limited by statute to only six months, see section 394.467 . . .

E. F. v. STATE, 889 So. 2d 135 (Fla. Dist. Ct. App. 2004)

. . . Section 394.467(1) of the Baker Act sets forth the evidentiary standard for commitment of clear and convincing . . .

In COMMITMENT OF BURTON. v., 884 So. 2d 1112 (Fla. Dist. Ct. App. 2004)

. . . Compare § 394.467(l)(a)(2)(b), Fla. . . . See § 394.467(2), Fla. Stat. (2003). . . . See § 394.467(l)(a)(2)(b). . . .

WILLIAMS, v. STATE v., 852 So. 2d 433 (Fla. Dist. Ct. App. 2003)

. . . See § 394.467(1), Fla. Stat. (2001). . . .

KIMBROUGH, v. STATE, 852 So. 2d 335 (Fla. Dist. Ct. App. 2003)

. . . He cites several cases dealing with proceedings under section 394.467 Florida Statutes, not section 393.11 . . . Section 394.467(l)(a)2.b. requires evidence proving a “substantial likelihood that in the near future . . .

T. TURNER, v. CROSBY,, 339 F.3d 1247 (11th Cir. 2003)

. . . Florida Statute § 394.467, known as the Baker Act, allows a person to be placed involuntarily in a treatment . . . Stat. § 394.467(l)(a). . See supra note 7 regarding the Baker Act. . Dr. . . .

COTTONE, Jr. Sr. v. C. JENNE, II, D s s St. s, 326 F.3d 1352 (11th Cir. 2003)

. . . involuntarily was transported to Memorial Hospital in Bro-ward County, Florida under Florida Statute § 394.467 . . . Prior to his arrest, Charles had been detained involuntarily under Florida Statute § 394.467 on numerous . . . Florida Statute § 394.467, known as the "Baker Act,” allows a person to be placed involuntarily in a . . . Stat. § 394.467(l)(a). . All parties agree that Sheriff Kenneth C. . . .

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

. . . public defender to represent a person who is the subject of an involuntary commitment petition, see § 394.467 . . . This rule does not apply to placement under sections 394.463 or 394.467, Florida Statutes. (2) The placement . . .

J. B. P. F. v. DEPARTMENT OF CHILDREN FAMILIES,, 837 So. 2d 1108 (Fla. Dist. Ct. App. 2003)

. . . See § 394.467, Fla. Stat. (1998). . . . .

STATE v. KINDER,, 830 So. 2d 832 (Fla. 2002)

. . . See § 394.467(4), Fla. Stat. (2001). . . .

In P. T. v. STATE, 827 So. 2d 1112 (Fla. Dist. Ct. App. 2002)

. . . general master found that P.T. was competent to consent to treatment within the meaning of section 394.467 . . .

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

. . . required to either release the defendant or commit him for involuntary hospitalization pursuant to section 394.467 . . . See § 394.467(2), Fla. Stat. (2001). . . .

L. B. v. STATE, 819 So. 2d 922 (Fla. Dist. Ct. App. 2002)

. . . L.B. appeals from an order of commitment pursuant to the Baker Act, section 394.467, Florida Statutes . . . Parkinson’s”) and disorders that would have no bearing on the statutory factors enumerated in section 394.467 . . .

PULLEN, v. STATE, 818 So. 2d 601 (Fla. Dist. Ct. App. 2002)

. . . Gloria Pullen appeals an order authorizing her continued involuntary placement pursuant to section 394.467 . . . See § 394.467(7)(a), Fla. Stat. . . . Pursuant to section 394.467(7)(e), a person who is the subject of a petition for continued involuntary . . .

D. TAYES, Jr. v. STATE, 808 So. 2d 278 (Fla. Dist. Ct. App. 2002)

. . . Appellant appeals his involuntary placement pursuant to section 394.467, Florida Statutes (2001). . . . standard by presenting only conclusory evidence that Appellant met the statutory requirements of section 394.467 . . .

CRAIG, v. STATE, 804 So. 2d 532 (Fla. Dist. Ct. App. 2002)

. . . See § 394.467(l)(a)l.b., Fla. Stat. (1999). . . . See id. § 394.467(l)(a)2. . . . Id. § 394.467(l)(a)2.b. . . . Id. § 394.467(l)(a)2.a. . . . Id. § 394.467(l)(b). The issue of less restrictive alternatives is not involved here. . . . .

HENSON, v. STATE, 801 So. 2d 316 (Fla. Dist. Ct. App. 2001)

. . . The appellant was involuntarily committed pursuant to section 394.467, Florida Statutes (2001). . . . argues that the State failed to present clear and convincing evidence to satisfy the criteria of section 394.467 . . .

FLORIDA DEPARTMENT OF CORRECTIONS, v. WATTS,, 800 So. 2d 225 (Fla. 2001)

. . . for involuntary hospitalization as set forth in section 916.12, Florida Statutes (1999), and section 394.467 . . . Section 394.467, entitled "Involuntary placement,” provides in pertinent part: (1) Criteria. — A person . . .

AMENDMENT TO THE RULES OF JUVENILE PROCEDURE, FLA. R. JUV. P., 804 So. 2d 1206 (Fla. 2001)

. . . See § 394.467(4), Fla. . . .

E. KIRKMAN, v. STATE, 795 So. 2d 269 (Fla. Dist. Ct. App. 2001)

. . . The appellant challenges a Baker Act order of involuntary placement for treatment pursuant to section 394.467 . . . the appellant asserts, the record evidence does not establish the necessary criteria under section 394.467 . . .

PULLEN, v. STATE, 802 So. 2d 1113 (Fla. 2001)

. . . See § 394.467(4), Fla. Slat. (2000). . . .

ZUMALT, v. STATE, 791 So. 2d 592 (Fla. Dist. Ct. App. 2001)

. . . clear and convincing evidence that she met the criteria for involuntary placement pursuant to section 394.467 . . . At best, the State presented only conclusory evidence that Appellant met the requirements of section 394.467 . . .

STATE v. OSBORNE,, 781 So. 2d 1137 (Fla. Dist. Ct. App. 2001)

. . . See § 394.467, Fla.Stat. (1999). . . . .

J. BOLLER, v. STATE, 775 So. 2d 408 (Fla. Dist. Ct. App. 2000)

. . . Appellant appeals an order of involuntary commitment entered pursuant to section 394.467, Florida Statutes . . . See § 394.467(l)(a)2, Fla. Stat. (1999); Adams, 713 So.2d at 1063. . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 794 So. 2d 457 (Fla. 2000)

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

WESTERHEIDE, v. STATE, 767 So. 2d 637 (Fla. Dist. Ct. App. 2000)

. . . Beverly, 342 So.2d 481 (Fla.1977) was confronted with determining the constitutionality of section 394.467 . . . Section 394.467(1), Florida Statutes, quoted above, imparts a sufficient Legal meaning to the term ‘mental . . . The court held that the “likely-to-injure” standard under section 394.467(l)(a) as opposed to the “manifestly . . . State, 443 So.2d 406 (Fla. 4th DCA 1984), the court noted that the Legislature amended section 394.467 . . .

SINGLETARY, v. STATE, 765 So. 2d 180 (Fla. Dist. Ct. App. 2000)

. . . The state has the burden to establish the criteria for involuntary placement set out in section 394.467 . . . See § 394.467(l)(b), Fla. Stat. (1997); LA. v. . . . medicine, sufficient to prove “a real and present threat of substantial harm to ... her well-being.” § 394.467 . . .

BLUE, v. STATE, 764 So. 2d 697 (Fla. Dist. Ct. App. 2000)

. . . Appellant appeals an order of involuntary placement entered pursuant to section 394.467, Florida Statutes . . . Without question, Appellant meets the criteria of section 394.467(l)(a)l. . . . issue is whether the State proved by clear and convincing evidence the criteria contained in section 394.467 . . . .2d 1292 (Fla. 1st DCA 1987), we find a deficiency in the proof to meet the requirements of section 394.467 . . .

THIGPEN, v. STATE, 765 So. 2d 100 (Fla. Dist. Ct. App. 2000)

. . . Joshua Thigpen appeals his involuntary commitment pursuant to section 394.467, Florida Statutes (1999 . . . Sec. 394.467(l)(a)2, Fla. Stat. (1999). Accordingly, for the same reasons expressed in Lyon v. . . .

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

. . . great public importance: IS A HEARING WHICH COMPLIES WITH THE REQUIREMENTS OF SECTIONS 39.407(4) AND 394.467 . . . requires an evidentiary hearing that complies with the substantive and procedural requirements of section 394.467 . . . section 39.407(4), Florida Statutes (Supp. 1998), and the Baker Act, specifically sections 394.463 and 394.467 . . . See § 394.467(3)—(4), (6)(a)1. . . . Seé § 394.467(1), (6). . . .

STATE v. KOBEL,, 757 So. 2d 556 (Fla. Dist. Ct. App. 2000)

. . . Id. at n. 1 (citing § 394.467(6)(a)l., Fla. Stat.) . . . Weekly at D2577 n. 5, — So.2d at - n. 5, (citing section 394.467(4), Florida Statutes). . . .

BERRY, v. STATE, 751 So. 2d 764 (Fla. Dist. Ct. App. 2000)

. . . The appellant challenges a Baker Act order of involuntary placement for treatment pursuant to section 394.467 . . . nature, extent, and likelihood of any future harm which would comport with the requirements of section 394.467 . . .

MEADOWS, v. KRISCHER, W. A., 763 So. 2d 1087 (Fla. Dist. Ct. App. 1999)

. . . See § 394.467, Fla. Stat. (1999). . . . See § 394.467(4). . . .

SHIELD, v. STATE, 744 So. 2d 564 (Fla. Dist. Ct. App. 1999)

. . . See section 394.467, Florida Statutes (1997)(providing for involuntary placement of mentally ill persons . . .

VALDEZ, S. v. W. MOORE, A., 745 So. 2d 1009 (Fla. Dist. Ct. App. 1999)

. . . . § 394.467(6)(a)1. . . .

M. W. a v. DAVIS,, 729 So. 2d 481 (Fla. Dist. Ct. App. 1999)

. . . great public importance: IS A HEARING WHICH COMPLIES WITH THE REQUIREMENTS OF SECTIONS 39.407(4) AND 394.467 . . .