The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 397
SUBSTANCE ABUSE SERVICES

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F.S. 397.697

397.697 Court determination; effect of court order for involuntary services.—

(1) When the court finds that the conditions for involuntary services have been proved by clear and convincing evidence, it may order the respondent to receive involuntary services from a publicly funded licensed service provider for a period not to exceed 90 days. The court may also order a respondent to undergo treatment through a privately funded licensed service provider if the respondent has the ability to pay for the treatment, or if any person on the respondent’s behalf voluntarily demonstrates a willingness and an ability to pay for the treatment. If the court finds it necessary, it may direct the sheriff to take the respondent into custody and deliver him or her to the licensed service provider specified in the court order, or to the nearest appropriate licensed service provider, for involuntary services. When the conditions justifying involuntary services no longer exist, the individual must be released as provided in s. 397.6971. When the conditions justifying involuntary services are expected to exist after 90 days of services, a renewal of the involuntary services order may be requested pursuant to s. 397.6975 before the end of the 90-day period.

(2) In all cases resulting in an order for involuntary services, the court shall retain jurisdiction over the case and the parties for the entry of such further orders as the circumstances may require. The court’s requirements for notification of proposed release must be included in the original order.

(3) An involuntary services order authorizes the licensed service provider to require the individual to receive services that will benefit him or her, including services at any licensable service component of a licensed service provider.

(4) If the court orders involuntary services, a copy of the order must be sent to the managing entity within 1 working day after it is received from the court. Documents may be submitted electronically though existing data systems, if applicable.

History.—s. 6, ch. 93-39; s. 754, ch. 95-148; s. 37, ch. 2009-132; s. 39, ch. 2016-241.

F.S. 397.697 on Google Scholar

F.S. 397.697 on Casetext

Amendments to 397.697

Arrestable Offenses / Crimes under Fla. Stat. 397.697

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 397.697.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . J.P. appeals a final order for involuntary substance abuse treatment entered pursuant to section 397.697 . . .

S. M. F. a v. NEEDLE, P. O, 757 So. 2d 1265 (Fla. Dist. Ct. App. 2000)

. . . granted the petition and ordered treatment for sixty-days, the maximum period permitted under section 397.697 . . . The statute contemplates that there will be sixty-days of treatment Section 397.697(1), Florida Statutes . . .

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

. . . .” § 397.697, Fla. Stat. (1997). . . . prescribed and follow all rules of the program and staff instructions, as authorized by Chapter [sic] 397.697 . . . order a respondent’s submission to involuntary substance abuse treatment, and, pursuant to section 397.697 . . . him or her, including treatment at any licensable service component of a licensed service provider. § 397.697 . . . days, unless the treatment period is extended following the timely filing of a proper application. § 397.697 . . .