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Florida Statute 945.43 - Full Text and Legal Analysis
Florida Statute 945.43 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 945.43 Case Law from Google Scholar Google Search for Amendments to 945.43

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 945
DEPARTMENT OF CORRECTIONS
View Entire Chapter
945.43 Involuntary examination.
(1) If there is reason to believe that an inmate has a mental illness and the inmate is in need of care and treatment, the inmate’s treating clinician may refer the inmate to a mental health treatment facility for an involuntary examination. Upon referral, the warden of the facility where the inmate is housed shall transfer the inmate to a mental health treatment facility.
(2) Upon arrival to the mental health treatment facility, the inmate shall be examined by a psychiatrist and a second psychiatrist or psychological professional to determine whether the inmate is in need of care and treatment.
(3) If, after the examination, the inmate is determined to be in need of care and treatment, the psychiatrist shall propose a recommended course of treatment that is essential to the care of the inmate and the warden shall initiate proceedings for placement of the inmate in the mental health treatment facility and for involuntary treatment of the inmate as specified in s. 945.44. If the inmate is not in need of care and treatment, he or she shall be transferred out of the mental health treatment facility and provided with appropriate mental health services.
(4) The involuntary examination and initiation of court proceedings for the placement and applicable involuntary treatment of the inmate in the mental health treatment facility shall be completed within 10 calendar days after arrival.
(5) The inmate may remain in the mental health treatment facility pending a hearing after the timely filing of a petition as described in s. 945.44. Pending a hearing, necessary emergency treatment may be provided in the mental health treatment facility upon the written order of a physician as provided in s. 945.48.
History.s. 1, ch. 82-224; s. 29, ch. 84-361; s. 75, ch. 85-62; s. 4, ch. 96-422; s. 1860, ch. 97-102; s. 20, ch. 2000-161; s. 103, ch. 2004-11; s. 12, ch. 2008-250; s. 14, ch. 2010-64; s. 10, ch. 2025-81.

F.S. 945.43 on Google Scholar

F.S. 945.43 on CourtListener

Amendments to 945.43


Annotations, Discussions, Cases:

Cases Citing Statute 945.43

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Raines v. State of Florida, 983 F. Supp. 1362 (N.D. Fla. 1997).

Cited 3 times | Published | District Court, N.D. Florida | 1997 U.S. Dist. LEXIS 19581, 1997 WL 725985

...Thus, they are not routinely available for work. The second subclass are those prisoners assigned to the Corrections Mental Health Institution (CMHI). A prisoner assigned there has been found to be "mentally ill and is in need of treatment." Fla.Stat. § 945.43(1)....
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Florida Dep't of Corr. v. Watts, 800 So. 2d 225 (Fla. 2001).

Cited 1 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 743, 2001 Fla. LEXIS 2264, 2001 WL 1380024

...other institution in the correctional system and classify and reclassify prisoners as circumstances may require. (Emphasis supplied.) . Chapter 945, Florida Statutes (1999), defines and explains the responsibilities of the Department of Corrections. Section 945.43(1), Florida Statutes (1999), entitled “Admission of inmate to mental health treatment facility,” provides that "[a]n inmate may be admitted to a mental health treatment facility if he or she is mentally ill and is in need of care a...
...l illness for which inpatient services in a mental health treatment facility are necessary, which mental illness poses a real and present threat of substantial harm to the inmate’s well-being or to the safety of others.” § 945.42(5), Fla. Stat. Section 945.43 also provides procedures for the admission of mentally ill inmates to CMHI: (2) Admission to a mental health treatment facility.— (a)An inmate may be admitted to a mental health treatment facility after notice and hearing, upon the r...
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WM v. State, 992 So. 2d 383 (Fla. 5th DCA 2008).

Published | Florida 5th District Court of Appeal | 2008 WL 4525772

...However, the Legislature intended long-term treatment to be subject to administrative procedure. § 394.467(7), Fla. Stat. This intent, that short-term treatment is for the court and long-term treatment requires administrative hearings, is also reflected in other Florida statutes. See, e.g., § 945.43, Fla....
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W.M. v. State, 992 So. 2d 383 (Fla. 5th DCA 2008).

Published | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 15416

...However, the Legislature intended long-term treatment to be subject to administrative procedure. § 394.467(7), Fla. Stat. This intent, that short-term treatment is for the court and long-term treatment requires administrative hearings, is also reflected in other Florida statutes. See, e.g., § 945.43, Fla....
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EF v. State, 889 So. 2d 135 (Fla. 3d DCA 2004).

Published | Florida 3rd District Court of Appeal | 2004 WL 2726017

...e. We hold that the State failed to prove by clear and convincing evidence that his delusion that he is a free man posed a real and present threat of substantial harm to his well-being or to the safety of others as required by sections 945.42(5) and 945.43, Florida Statutes (2003), for involuntary commitment to a corrections mental health facility. Section 945.43, Florida Statutes (2003), outlines the criteria under which an inmate at a correctional institution may be involuntarily transferred to a corrections mental health facility for involuntary treatment. That section provides, in pertinent part: 945.43....
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E.F. v. State, 889 So. 2d 135 (Fla. 3d DCA 2004).

Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 18149

...e. We hold that the State failed to prove by clear and convincing evidence that his delusion that he is a free man posed a real and present threat of substantial harm to his well-being or to the safety of others as required by sections 945.42(5) and 945.43, Florida Statutes (2003), for involuntary commitment to a corrections mental health facility. Section 945.43, Florida Statutes (2003), outlines the criteria under which an inmate at a correctional institution may be involuntarily transferred to a corrections mental health facility for involuntary treatment. That section provides, in pertinent part: 945.43....

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