The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 397
SUBSTANCE ABUSE SERVICES

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F.S. 397.681

397.681 Involuntary petitions; general provisions; court jurisdiction and right to counsel.—

(1) JURISDICTION.—The courts have jurisdiction of involuntary assessment and stabilization petitions and involuntary treatment petitions for substance abuse impaired persons, and such petitions must be filed with the clerk of the court in the county where the person is located. The clerk of the court may not charge a fee for the filing of a petition under this section. The chief judge may appoint a general or special magistrate to preside over all or part of the proceedings. The alleged impaired person is named as the respondent.

(2) RIGHT TO COUNSEL.—A respondent has the right to counsel at every stage of a proceeding relating to a petition for his or her involuntary assessment and a petition for his or her involuntary treatment for substance abuse impairment. A respondent who desires counsel and is unable to afford private counsel has the right to court-appointed counsel and to the benefits of s. 57.081. If the court believes that the respondent needs the assistance of counsel, the court shall appoint such counsel for the respondent without regard to the respondent’s wishes. If the respondent is a minor not otherwise represented in the proceeding, the court shall immediately appoint a guardian ad litem to act on the minor’s behalf.

History.—s. 6, ch. 93-39; s. 745, ch. 95-148; s. 79, ch. 2004-11; s. 30, ch. 2016-241.

F.S. 397.681 on Google Scholar

F.S. 397.681 on Casetext

Amendments to 397.681

Arrestable Offenses / Crimes under Fla. Stat. 397.681

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 397.681.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. P. v. J. N., 225 So. 3d 410 (Fla. Dist. Ct. App. 2017)

. . . He argued that section 397.681, Florida Statutes, requires a petition for treatment to be filed in the . . . Based on the plain language of section 397.681(1), we agree that the petition for involuntary treatment . . . such petitions must be filed with the clerk of the court in the county where the person is located. § 397.681 . . . See §§ 26.012(2)(b), 397.681(1), Fla. Stat. (2016). . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. v. PETERSEN Dr. M., 920 So. 2d 75 (Fla. Dist. Ct. App. 2006)

. . . Pursuant to section 397.681(2), Florida Statutes (2004), the court must appoint a guardian ad litem to . . .

COLE, v. STATE, 714 So. 2d 479 (Fla. Dist. Ct. App. 1998)

. . . As to both, section 397.681, Florida Statutes (1997), grants the circuit courts jurisdiction to entertain . . . that he was entitled to representation by an attorney at every stage of the involuntary proceedings. § 397.681 . . . stabilization without the appointment of counsel seemingly conflicts with the direction in section 397.681 . . .