CopyCited 93 times | Published | Supreme Court of Florida | 1992 WL 4452
...While we recognize these consequences are significant, we hold that they do not rise to the level of collateral legal consequences. Restrictions imposed as the result of a commitment can be or are removed when the patient is discharged or released from active treatment. See § 394.469(4), Fla....
CopyCited 16 times | Published | Florida 1st District Court of Appeal
...Undeniably, the act of releasing a mental patient involves a basic governmental policy as set forth in The Baker Act, i.e., to seek the least restrictive means of intervention and treatment for the particular mental patient. Sections
394.453 and
394.459(2)(b), Florida Statutes. It is equally clear that Section
394.469(1) and (2), Florida Statutes, provides, within certain limitations, the requisite statutory authority for the Northeast Florida State Hospital to release a mentally ill patient....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 2004 WL 1263716
...rther proceedings. GRANTED in part; DENIED in part and REMANDED with instructions. BOOTH and HAWKES, JJ., CONCUR. NOTES [1] See Fla. R.Crim. P. 3.212(c)(5). [2] The Baker Act contemplates involuntary placement while criminal charges are pending. See § 394.469(1)(a), Fla....
CopyCited 6 times | Published | Supreme Court of Florida
...Petitioner seeks an order of this Court declaring null and void the trial court orders of May 24, 1973 and March 12, 1974, and authorizing his release pursuant to Chapter 394, F.S., known as the Baker *118 Act, and more particularly Sections
394.467 and
394.469 thereof....
...patient meets the criteria for involuntary hospitalization at the time of application for transfer to voluntary status and the patient needs continuing hospitalization, the patient *119 shall be transferred to a voluntary status." Most importantly, Section 394.469 provides in part: "(1) Power to discharge....
...In passing, I note that no criminal charges are now pending against Petitioner nor can there be any new ones lodged against him on the facts involving the murder charge because of double jeopardy which would adversely affect his eligibility for discharge under Section 394.469....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 93822
...While we recognize these consequences are significant, we hold that they do not rise to the level of collateral legal consequences. Restrictions imposed as the result of a commitment can be or are removed when the patient is discharged or released from active treatment. See § 394.469(4), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1528
...ction
394.467 Florida Statutes. One pertinent difference however, is that if the patient was civilly committed in Florida on a criminal charge, upon discharge he shall be transferred to the custody of the appropriate law enforcement authorities, see section
394.469 Florida Statutes, unlike the provisions of the Missouri statute which place patients on probation for three years....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2012 WL 104465, 2012 Fla. App. LEXIS 355
...Finally, she claims that the trial court erred in refusing to allow a third amendment of her complaint. Turning first to the argument that the Baker Act creates a duty not to release a patient under treatment until a trial court has ruled upon a pending petition for involuntary placement, we note that section 394.469, Florida Statutes (2008), provides that “[a]t any time a patient is found to no longer meet the criteria for involuntary placement,” (emphasis added), the fa *1066 cility administrator is required to discharge the patient (not und...
...r warrants involuntary placement. The statutory provisions for committing a patient to involuntary placement do not expressly provide that, once a petition for involuntary placement has been filed, it cannot be withdrawn. In fact, a plain reading of section 394.469 would indicate that a petition could be withdrawn prior to a ruling....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1998 WL 88372
...hospitalization pursuant to section
394.467(1) of the Baker Act. Because the defendant is then involuntarily hospitalized pursuant to Chapter 394, not Chapter 916, the applicable discharge procedures are those contained in Chapter 394. Specifically, section
394.469(1), Florida Statutes (Supp.1996), [2] provides that the administrator of the facility is the one who has the power to discharge the patient....
...Chapter 394 does not allow the State to seek review of the administrator's decision to discharge the defendant before the court that initially committed the defendant. Therefore, contrary to the State's assertion, the discharge provision of section
916.16 is inapplicable, and pursuant to section
394.469(1), the decision to discharge the defendants rests solely with the administrator of the facility....
...No such person may be released except by order of the committing court. The administrative hearing examiner shall have no jurisdiction to determine issues of continuing hospitalization or release of any person admitted pursuant to this chapter. [2] Section 394.469(1) provides: (1) POWER TO DISCHARGE.At any time a patient is found to no longer meet the criteria for involuntary placement, the administrator shall: (a) Discharge the patient, unless the patient is under a criminal charge, in which...
CopyPublished | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 51, 2007 WL 5784
...1311, 1312 (Fla. 3d DCA 1978)(ruling that a patient involuntarily hospitalized under the Baker Act is not entitled to bail), the Act also contemplates situations where individuals will be involuntary committed while criminal charges are pending. See § 394.469(l)(a), Fla....
