Baker Act Full Text

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App_mode=Display_Statute&URL=0300-0399/0394/0394.html
**All text in italics is emphasis placed by the course faculty or staff**
394.451 Short title.—This part shall be known as “The Florida Mental Health Act” or
“The Baker Act.”
History.—s. 1, ch. 71-131.
394.453 Legislative intent.—It is the intent of the Legislature to authorize and direct
the Department of Children and Family Services to evaluate, research, plan, and
recommend to the Governor and the Legislature programs designed to reduce the
occurrence, severity, duration, and disabling aspects of mental, emotional, and
behavioral disorders. It is the intent of the Legislature that treatment programs for such
disorders shall include, but not be limited to, comprehensive health, social, educational,
and rehabilitative services to persons requiring intensive short-term and continued
treatment in order to encourage them to assume responsibility for their treatment and
recovery. It is intended that such persons be provided with emergency service and
temporary detention for evaluation when required; that they be admitted to treatment
facilities on a voluntary basis when extended or continuing care is needed and
unavailable in the community; that involuntary placement be provided only when expert
evaluation determines that it is necessary; that any involuntary treatment or examination
be accomplished in a setting which is clinically appropriate and most likely to facilitate
the person’s return to the community as soon as possible; and that individual dignity
and human rights be guaranteed to all persons who are admitted to mental health
facilities or who are being held under s. 394.463. It is the further intent of the Legislature
that the least restrictive means of intervention be employed based on the individual
needs of each person, within the scope of available services. It is the policy of this state
that the use of restraint and seclusion on clients is justified only as an emergency safety
measure to be used in response to imminent danger to the client or others. It is,
therefore, the intent of the Legislature to achieve an ongoing reduction in the use of
restraint and seclusion in programs and facilities serving persons with mental illness.
History.—s. 2, ch. 71-131; s. 198, ch. 77-147; s. 1, ch. 79-298; s. 4, ch. 82-212; s. 2,
ch. 84-285; s. 10, ch. 85-54; s. 1, ch. 91-249; s. 1, ch. 96-169; s. 96, ch. 99-8; s. 36, ch.
2006-227.
394.455 Definitions.—As used in this part, unless the context clearly requires
otherwise, the term:
(1) “Administrator” means the chief administrative officer of a receiving or treatment

facility or his or her designee.
(2) “Clinical psychologist” means a psychologist as defined in s. 490.003(7) with 3
years of postdoctoral experience in the practice of clinical psychology, inclusive of the
experience required for licensure, or a psychologist employed by a facility operated by
the United States Department of Veterans Affairs that qualifies as a receiving or
treatment facility under this part.
(3) “Clinical record” means all parts of the record required to be maintained and
includes all medical records, progress notes, charts, and admission and discharge data,
and all other information recorded by a facility which pertains to the patient’s
hospitalization or treatment.
(4) “Clinical social worker” means a person licensed as a clinical social worker under
chapter 491.
(5) “Community facility” means any community service provider contracting with the
department to furnish substance abuse or mental health services under part IV of this
chapter.
(6) “Community mental health center or clinic” means a publicly funded, not-for-profit
center which contracts with the department for the provision of inpatient, outpatient, day
treatment, or emergency services.
(7) “Court,” unless otherwise specified, means the circuit court.
(8) “Department” means the Department of Children and Family Services.
(9) “Express and informed consent” means consent voluntarily given in writing, by a
competent person, after sufficient explanation and disclosure of the subject matter
involved to enable the person to make a knowing and willful decision without any
element of force, fraud, deceit, duress, or other form of constraint or coercion.
(10) “Facility” means any hospital, community facility, public or private facility, or
receiving or treatment facility providing for the evaluation, diagnosis, care, treatment,
training, or hospitalization of persons who appear to have a mental illness or have been
diagnosed as having a mental illness. “Facility” does not include any program or entity
licensed pursuant to chapter 400 or chapter 429.
(11) “Guardian” means the natural guardian of a minor, or a person appointed by a

court to act on behalf of a ward’s person if the ward is a minor or has been adjudicated
incapacitated.
(12) “Guardian advocate” means a person appointed by a court to make decisions
regarding mental health treatment on behalf of a patient who has been found
incompetent to consent to treatment pursuant to this part. The guardian advocate may
be granted specific additional powers by written order of the court, as provided in this
part.
(13) “Hospital” means a facility as defined in s. 395.002 and licensed under chapter
395 and part II of chapter 408.
(14) “Incapacitated” means that a person has been adjudicated incapacitated pursuant
to part V of chapter 744 and a guardian of the person has been appointed.
(15) “Incompetent to consent to treatment” means that a person’s judgment is so
affected by his or her mental illness that the person lacks the capacity to make a well-
reasoned, willful, and knowing decision concerning his or her medical or mental health
treatment.
(16) “Law enforcement officer” means a law enforcement officer as defined in s.
943.10.
(17) “Mental health overlay program” means a mobile service which provides an
independent examination for voluntary admissions and a range of supplemental onsite
services to persons with a mental illness in a residential setting such as a nursing home,
assisted living facility, adult family-care home, or nonresidential setting such as an adult
day care center. Independent examinations provided pursuant to this part through a
mental health overlay program must only be provided under contract with the
department for this service or be attached to a public receiving facility that is also a
community mental health center.
(18) “Mental illness” means an impairment of the mental or emotional processes that
exercise conscious control of one’s actions or of the ability to perceive or understand
reality, which impairment substantially interferes with the person’s ability to meet the
ordinary demands of living. For the purposes of this part, the term does not include a
developmental disability as defined in chapter 393, intoxication, or conditions
manifested only by antisocial behavior or substance abuse impairment.
(19) “Mobile crisis response service” means a nonresidential crisis service attached to

a public receiving facility and available 24 hours a day, 7 days a week, through which
immediate intensive assessments and interventions, including screening for admission
into a receiving facility, take place for the purpose of identifying appropriate treatment
services.
(20) “Patient” means any person who is held or accepted for mental health treatment.
(21) “Physician” means a medical practitioner licensed under chapter 458 or chapter
459 who has experience in the diagnosis and treatment of mental and nervous
disorders or a physician employed by a facility operated by the United States
Department of Veterans Affairs which qualifies as a receiving or treatment facility under
this part.
(22) “Private facility” means any hospital or facility operated by a for-profit or not-for-
profit corporation or association that provides mental health services and is not a public
facility.
(23) “Psychiatric nurse” means a registered nurse licensed under part I of chapter 464
who has a master’s degree or a doctorate in psychiatric nursing and 2 years of post-
master’s clinical experience under the supervision of a physician.
(24) “Psychiatrist” means a medical practitioner licensed under chapter 458 or chapter
459 who has primarily diagnosed and treated mental and nervous disorders for a period
of not less than 3 years, inclusive of psychiatric residency.
(25) “Public facility” means any facility that has contracted with the department to
provide mental health services to all persons, regardless of their ability to pay, and is
receiving state funds for such purpose.
(26) “Receiving facility” means any public or private facility designated by the
department to receive and hold involuntary patients under emergency conditions or for
psychiatric evaluation and to provide short-term treatment. The term does not include a
county jail.
(27) “Representative” means a person selected to receive notice of proceedings
during the time a patient is held in or admitted to a receiving or treatment facility.
(28)(a) “Restraint” means a physical device, method, or drug used to control behavior.
A physical restraint is any manual method or physical or mechanical device, material, or
equipment attached or adjacent to the individual’s body so that he or she cannot easily
remove the restraint and which restricts freedom of movement or normal access to
one’s body.
(b) A drug used as a restraint is a medication used to control the person’s behavior or
to restrict his or her freedom of movement and is not part of the standard treatment
regimen of a person with a diagnosed mental illness who is a client of the department.
Physically holding a person during a procedure to forcibly administer psychotropic
medication is a physical restraint.
(c) Restraint does not include physical devices, such as orthopedically prescribed
appliances, surgical dressings and bandages, supportive body bands, or other physical
holding when necessary for routine physical examinations and tests; or for purposes of
orthopedic, surgical, or other similar medical treatment; when used to provide support
for the achievement of functional body position or proper balance; or when used to
protect a person from falling out of bed.
(29) “Seclusion” means the physical segregation of a person in any fashion or
involuntary isolation of a person in a room or area from which the person is prevented
from leaving. The prevention may be by physical barrier or by a staff member who is
acting in a manner, or who is physically situated, so as to prevent the person from
leaving the room or area. For purposes of this chapter, the term does not mean isolation
due to a person’s medical condition or symptoms.
(30) “Secretary” means the Secretary of Children and Family Services.
(31) “Transfer evaluation” means the process, as approved by the appropriate district
office of the department, whereby a person who is being considered for placement in a
state treatment facility is first evaluated for appropriateness of admission to the facility
by a community-based public receiving facility or by a community mental health center
or clinic if the public receiving facility is not a community mental health center or clinic.
(32) “Treatment facility” means any state-owned, state-operated, or state-supported
hospital, center, or clinic designated by the department for extended treatment and
hospitalization, beyond that provided for by a receiving facility, of persons who have a
mental illness, including facilities of the United States Government, and any private
facility designated by the department when rendering such services to a person
pursuant to the provisions of this part. Patients treated in facilities of the United States
Government shall be solely those whose care is the responsibility of the United States
Department of Veterans Affairs.
(33) “Service provider” means any public or private receiving facility, an entity under
contract with the Department of Children and Family Services to provide mental health
services, a clinical psychologist, a clinical social worker, a marriage and family therapist,
a mental health counselor, a physician, a psychiatric nurse as defined in subsection
(23), or a community mental health center or clinic as defined in this part.
(34) “Involuntary examination” means an examination performed under s. 394.463 to
determine if an individual qualifies for involuntary inpatient treatment under s. 394.467
(1) or involuntary outpatient treatment under s. 394.4655(1).
(35) “Involuntary placement” means either involuntary outpatient treatment pursuant to
s. 394.4655 or involuntary inpatient treatment pursuant to s. 394.467.
(36) “Marriage and family therapist” means a person licensed as a marriage and family
therapist under chapter 491.
(37) “Mental health counselor” means a person licensed as a mental health counselor
under chapter 491.
(38) “Electronic means” means a form of telecommunication that requires all parties to
maintain visual as well as audio communication.
ch. 77-147; s. 2, ch. 79-298; s. 1, ch. 80-398; s. 5, ch. 82-212; s. 46, ch. 83-218; s. 3,
ch. 84-285; s. 11, ch. 85-54; s. 11, ch. 86-145; s. 10, ch. 87-238; s. 17, ch. 87-252; s.
41, ch. 89-526; s. 28, ch. 90-306; s. 21, ch. 92-33; s. 65, ch. 93-268; s. 705, ch. 95-148;
s. 54, ch. 95-228; s. 2, ch. 96-169; s. 8, ch. 97-82; s. 21, ch. 97-198; s. 213, ch. 97-264;
s. 92, ch. 2000-318; s. 1, ch. 2000-349; s. 1, ch. 2004-385; s. 1, ch. 2006-171; s. 17, ch.
2006-197; s. 37, ch. 2006-227; s. 24, ch. 2007-230; s. 2, ch. 2009-38; s. 11, ch.
2013-162.
394.457 Operation and administration.—

(1) ADMINISTRATION.—The Department of Children and Family Services is
designated the “Mental Health Authority” of Florida. The department and the Agency for
Health Care Administration shall exercise executive and administrative supervision over
all mental health facilities, programs, and services.
(2) RESPONSIBILITIES OF THE DEPARTMENT.—The department is responsible for:
(a) The planning, evaluation, and implementation of a complete and comprehensive

statewide program of mental health, including community services, receiving and
treatment facilities, child services, research, and training as authorized and approved by
the Legislature, based on the annual program budget of the department. The
department is also responsible for the coordination of efforts with other departments and
divisions of the state government, county and municipal governments, and private
agencies concerned with and providing mental health services. It is responsible for
establishing standards, providing technical assistance, and exercising supervision of
mental health programs of, and the treatment of patients at, community facilities, other
facilities for persons who have a mental illness, and any agency or facility providing
services to patients pursuant to this part.
(b) The publication and distribution of an information handbook to facilitate
understanding of this part, the policies and procedures involved in the implementation of
this part, and the responsibilities of the various providers of services under this part. It
shall stimulate research by public and private agencies, institutions of higher learning,
and hospitals in the interest of the elimination and amelioration of mental illness.
(3) POWER TO CONTRACT.—The department may contract to provide, and be
provided with, services and facilities in order to carry out its responsibilities under this
part with the following agencies: public and private hospitals; receiving and treatment
facilities; clinics; laboratories; departments, divisions, and other units of state
government; the state colleges and universities; the community colleges; private
colleges and universities; counties, municipalities, and any other governmental unit,
including facilities of the United States Government; and any other public or private
entity which provides or needs facilities or services. Baker Act funds for community
inpatient, crisis stabilization, short-term residential treatment, and screening services
must be allocated to each county pursuant to the department’s funding allocation
methodology. Notwithstanding s. 287.057(3)(e), contracts for community-based Baker
Act services for inpatient, crisis stabilization, short-term residential treatment, and
screening provided under this part, other than those with other units of government, to
be provided for the department must be awarded using competitive sealed bids if the
county commission of the county receiving the services makes a request to the
department’s district office by January 15 of the contracting year. The district may not
enter into a competitively bid contract under this provision if such action will result in
increases of state or local expenditures for Baker Act services within the district.
Contracts for these Baker Act services using competitive sealed bids are effective for 3
years. The department shall adopt rules establishing minimum standards for such
contracted services and facilities and shall make periodic audits and inspections to
assure that the contracted services are provided and meet the standards of the
department.
(4) APPLICATION FOR AND ACCEPTANCE OF GIFTS AND GRANTS.—The
department may apply for and accept any funds, grants, gifts, or services made
available to it by any agency or department of the Federal Government or any other
public or private agency or individual in aid of mental health programs. All such moneys
shall be deposited in the State Treasury and shall be disbursed as provided by law.
(5) RULES.—
(a) The department shall adopt rules establishing forms and procedures relating to the
rights and privileges of patients seeking mental health treatment from facilities under
this part.
(b) The department shall adopt rules necessary for the implementation and
administration of the provisions of this part, and a program subject to the provisions of
this part shall not be permitted to operate unless rules designed to ensure the protection
of the health, safety, and welfare of the patients treated through such program have
been adopted. Rules adopted under this subsection must include provisions governing
the use of restraint and seclusion which are consistent with recognized best practices
and professional judgment; prohibit inherently dangerous restraint or seclusion
procedures; establish limitations on the use and duration of restraint and seclusion;
establish measures to ensure the safety of program participants and staff during an
incident of restraint or seclusion; establish procedures for staff to follow before, during,
and after incidents of restraint or seclusion; establish professional qualifications of and
training for staff who may order or be engaged in the use of restraint or seclusion; and
establish mandatory reporting, data collection, and data dissemination procedures and
requirements. Rules adopted under this subsection must require that each instance of
the use of restraint or seclusion be documented in the record of the patient.
(c) The department shall adopt rules establishing minimum standards for services
provided by a mental health overlay program or a mobile crisis response service.
(6) PERSONNEL.—
(a) The department shall, by rule, establish minimum standards of education and
experience for professional and technical personnel employed in mental health
programs, including members of a mobile crisis response service.
(b) The department shall design and distribute appropriate materials for the orientation
and training of persons actively engaged in implementing the provisions of this part
relating to the involuntary examination and placement of persons who are believed to
have a mental illness.
(7) PAYMENT FOR CARE OF PATIENTS.—Fees and fee collections for patients in
state-owned, state-operated, or state-supported treatment facilities shall be according to
s. 402.33.
History.—s. 1, ch. 57-317; s. 1, ch. 59-222; s. 1, ch. 65-13; s. 3, ch. 65-22; s. 1, ch.
65-145; s. 1, ch. 67-334; ss. 11, 19, 31, 35, ch. 69-106; s. 4, ch. 71-131; s. 70, ch.
72-221; s. 2, ch. 72-396; s. 2, ch. 73-133; s. 25, ch. 73-334; s. 1, ch. 74-233; s. 200, ch.
94-134; s. 19, ch. 94-135; s. 15, ch. 95-152; s. 37, ch. 95-228; s. 124, ch. 95-418; s. 3,
13, ch. 2001-278; s. 34, ch. 2002-207; s. 1, ch. 2006-29; s. 38, ch. 2006-227; s. 29, ch.
2010-151; s. 13, ch. 2013-154.
Note.—Former s. 965.01(3), s. 402.10.
394.4572 Screening of mental health personnel.—

(1)(a) The department and the Agency for Health Care Administration shall require
level 2 background screening pursuant to chapter 435 for mental health personnel.
“Mental health personnel” includes all program directors, professional clinicians, staff
members, and volunteers working in public or private mental health programs and
facilities who have direct contact with individuals held for examination or admitted for
mental health treatment. For purposes of this chapter, employment screening of mental
health personnel also includes, but is not limited to, employment screening as provided
under chapter 435 and s. 408.809.
(b) Students in the health care professions who are interning in a mental health facility
licensed under chapter 395, where the primary purpose of the facility is not the
treatment of minors, are exempt from the fingerprinting and screening requirements if
they are under direct supervision in the actual physical presence of a licensed health
care professional.
(c) A volunteer who assists on an intermittent basis for less than 10 hours per month is
exempt from the fingerprinting and screening requirements if a person who meets the
screening requirement of paragraph (a) is always present and has the volunteer within
his or her line of sight.
(d) Mental health personnel working in a facility licensed under chapter 395 who work
on an intermittent basis for less than 15 hours per week of direct, face-to-face contact
with patients, and who are not listed on the Department of Law Enforcement Career
Offender Search or the Dru Sjodin National Sex Offender Public Website, are exempt
from the fingerprinting and screening requirements, except that persons working in a
mental health facility where the primary purpose of the facility is the mental health
treatment of minors must be fingerprinted and meet screening requirements.
(2) The department or the Agency for Health Care Administration may grant
exemptions from disqualification as provided in chapter 435.
ch. 2002-387; s. 7, ch. 2004-267; s. 5, ch. 2010-114; s. 1, ch. 2012-73.
394.4573 Continuity of care management system; measures of performance;

reports.—
(1) For the purposes of this section:
(a) “Case management” means those activities aimed at assessing client needs,
planning services, linking the service system to a client, coordinating the various system
components, monitoring service delivery, and evaluating the effect of service delivery.
(b) “Case manager” means an individual who works with clients, and their families and
significant others, to provide case management.
(c) “Client manager” means an employee of the department who is assigned to
specific provider agencies and geographic areas to ensure that the full range of needed
services is available to clients.
(d) “Continuity of care management system” means a system that assures, within

available resources, that clients have access to the full array of services within the
mental health services delivery system.
(2) The department is directed to implement a continuity of care management system
for the provision of mental health care, through the provision of client and case
management, including clients referred from state treatment facilities to community
mental health facilities. Such system shall include a network of client managers and
case managers throughout the state designed to:
(a) Reduce the possibility of a client’s admission or readmission to a state treatment
facility.
(b) Provide for the creation or designation of an agency in each county to provide
single intake services for each person seeking mental health services. Such agency
shall provide information and referral services necessary to ensure that clients receive
the most appropriate and least restrictive form of care, based on the individual needs of
the person seeking treatment. Such agency shall have a single telephone number,
operating 24 hours per day, 7 days per week, where practicable, at a central location,
where each client will have a central record.
(c) Advocate on behalf of the client to ensure that all appropriate services are afforded
to the client in a timely and dignified manner.
(d) Require that any public receiving facility initiating a patient transfer to a licensed
hospital for acute care mental health services not accessible through the public
receiving facility shall notify the hospital of such transfer and send all records relating to
the emergency psychiatric or medical condition.
(3) The department is directed to develop and include in contracts with service
providers measures of performance with regard to goals and objectives as specified in
the state plan. Such measures shall use, to the extent practical, existing data collection
methods and reports and shall not require, as a result of this subsection, additional
reports on the part of service providers. The department shall plan monitoring visits of
community mental health facilities with other state, federal, and local governmental and
private agencies charged with monitoring such facilities.
History.—ss. 3, 4, 5, ch. 80-384; s. 5, ch. 84-285; s. 1, ch. 89-211; s. 5, ch. 96-169; s.
100, ch. 2010-102.
394.4574 Department responsibilities for a mental health resident who resides in

an assisted living facility that holds a limited mental health license.—
(1) The term “mental health resident,” for purposes of this section, means an individual
who receives social security disability income due to a mental disorder as determined
by the Social Security Administration or receives supplemental security income due to a
mental disorder as determined by the Social Security Administration and receives
optional state supplementation.
(2) The department must ensure that:
(a) A mental health resident has been assessed by a psychiatrist, clinical psychologist,
clinical social worker, or psychiatric nurse, or an individual who is supervised by one of
these professionals, and determined to be appropriate to reside in an assisted living
facility. The documentation must be provided to the administrator of the facility within 30
days after the mental health resident has been admitted to the facility. An evaluation
completed upon discharge from a state mental hospital meets the requirements of this
subsection related to appropriateness for placement as a mental health resident if it was
completed within 90 days prior to admission to the facility.
(b) A cooperative agreement, as required in s. 429.075, is developed between the
mental health care services provider that serves a mental health resident and the
administrator of the assisted living facility with a limited mental health license in which
the mental health resident is living. Any entity that provides Medicaid prepaid health
plan services shall ensure the appropriate coordination of health care services with an
assisted living facility in cases where a Medicaid recipient is both a member of the
entity’s prepaid health plan and a resident of the assisted living facility. If the entity is at
risk for Medicaid targeted case management and behavioral health services, the entity
shall inform the assisted living facility of the procedures to follow should an emergent
condition arise.
(c) The community living support plan, as defined in s. 429.02, has been prepared by
a mental health resident and a mental health case manager of that resident in
consultation with the administrator of the facility or the administrator’s designee. The
plan must be provided to the administrator of the assisted living facility with a limited
mental health license in which the mental health resident lives. The support plan and
the agreement may be in one document.
(d) The assisted living facility with a limited mental health license is provided with
documentation that the individual meets the definition of a mental health resident.
(e) The mental health services provider assigns a case manager to each mental
health resident who lives in an assisted living facility with a limited mental health license.
The case manager is responsible for coordinating the development of and
implementation of the community living support plan defined in s. 429.02. The plan must
be updated at least annually.
(3) The Secretary of Children and Family Services, in consultation with the Agency for
Health Care Administration, shall annually require each district administrator to develop,
with community input, detailed plans that demonstrate how the district will ensure the
provision of state-funded mental health and substance abuse treatment services to
residents of assisted living facilities that hold a limited mental health license. These
plans must be consistent with the substance abuse and mental health district plan
developed pursuant to s. 394.75 and must address case management services; access
to consumer-operated drop-in centers; access to services during evenings, weekends,
and holidays; supervision of the clinical needs of the residents; and access to
emergency psychiatric care.
History.—s. 9, ch. 97-82; s. 23, ch. 98-80; s. 12, ch. 2000-349; s. 18, ch. 2006-197.
394.458 Introduction or removal of certain articles unlawful; penalty.—

(1)(a) Except as authorized by law or as specifically authorized by the person in
charge of each hospital providing mental health services under this part, it is unlawful to
introduce into or upon the grounds of such hospital, or to take or attempt to take or send
therefrom, any of the following articles, which are hereby declared to be contraband for
the purposes of this section:
1. Any intoxicating beverage or beverage which causes or may cause an intoxicating
effect;
2. Any controlled substance as defined in chapter 893; or
3. Any firearms or deadly weapon.
(b) It is unlawful to transmit to, or attempt to transmit to, or cause or attempt to cause
to be transmitted to, or received by, any patient of any hospital providing mental health
services under this part any article or thing declared by this section to be contraband, at
any place which is outside of the grounds of such hospital, except as authorized by law
or as specifically authorized by the person in charge of such hospital.
(2) A person who violates any provision of this section commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
394.459 Rights of patients.—
(1) RIGHT TO INDIVIDUAL DIGNITY.—It is the policy of this state that the individual
dignity of the patient shall be respected at all times and upon all occasions, including
any occasion when the patient is taken into custody, held, or transported. Procedures,
facilities, vehicles, and restraining devices utilized for criminals or those accused of
crime shall not be used in connection with persons who have a mental illness, except
for the protection of the patient or others. Persons who have a mental illness but who
are not charged with a criminal offense shall not be detained or incarcerated in the jails
of this state. A person who is receiving treatment for mental illness shall not be deprived
of any constitutional rights. However, if such a person is adjudicated incapacitated, his
or her rights may be limited to the same extent the rights of any incapacitated person
are limited by law.
(2) RIGHT TO TREATMENT.—
(a) A person shall not be denied treatment for mental illness and services shall not be
delayed at a receiving or treatment facility because of inability to pay. However, every
reasonable effort to collect appropriate reimbursement for the cost of providing mental
health services to persons able to pay for services, including insurance or third-party
payments, shall be made by facilities providing services pursuant to this part.
(b) It is further the policy of the state that the least restrictive appropriate available
treatment be utilized based on the individual needs and best interests of the patient and
consistent with optimum improvement of the patient’s condition.
(c) Each person who remains at a receiving or treatment facility for more than 12
hours shall be given a physical examination by a health practitioner authorized by law to
give such examinations, within 24 hours after arrival at such facility.
(d) Every patient in a facility shall be afforded the opportunity to participate in activities
designed to enhance self-image and the beneficial effects of other treatments, as
determined by the facility.
(e) Not more than 5 days after admission to a facility, each patient shall have and
receive an individualized treatment plan in writing which the patient has had an
opportunity to assist in preparing and to review prior to its implementation. The plan
shall include a space for the patient’s comments.
(3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.—
(a)1. Each patient entering treatment shall be asked to give express and informed
consent for admission or treatment. If the patient has been adjudicated incapacitated or
found to be incompetent to consent to treatment, express and informed consent to
treatment shall be sought instead from the patient’s guardian or guardian advocate. If
the patient is a minor, express and informed consent for admission or treatment shall
also be requested from the patient’s guardian. Express and informed consent for
admission or treatment of a patient under 18 years of age shall be required from the
patient’s guardian, unless the minor is seeking outpatient crisis intervention services
under s. 394.4784. Express and informed consent for admission or treatment given by a
patient who is under 18 years of age shall not be a condition of admission when the
patient’s guardian gives express and informed consent for the patient’s admission
pursuant to s. 394.463 or s. 394.467.
2. Before giving express and informed consent, the following information shall be
provided and explained in plain language to the patient, or to the patient’s guardian if
the patient is 18 years of age or older and has been adjudicated incapacitated, or to the
patient’s guardian advocate if the patient has been found to be incompetent to consent
to treatment, or to both the patient and the guardian if the patient is a minor: the reason
for admission or treatment; the proposed treatment; the purpose of the treatment to be
provided; the common risks, benefits, and side effects thereof; the specific dosage
range for the medication, when applicable; alternative treatment modalities; the
approximate length of care; the potential effects of stopping treatment; how treatment
will be monitored; and that any consent given for treatment may be revoked orally or in
writing before or during the treatment period by the patient or by a person who is legally
authorized to make health care decisions on behalf of the patient.
(b) In the case of medical procedures requiring the use of a general anesthetic or
electroconvulsive treatment, and prior to performing the procedure, express and
informed consent shall be obtained from the patient if the patient is legally competent,
from the guardian of a minor patient, from the guardian of a patient who has been
adjudicated incapacitated, or from the guardian advocate of the patient if the guardian
advocate has been given express court authority to consent to medical procedures or
electroconvulsive treatment as provided under s. 394.4598.
(c) When the department is the legal guardian of a patient, or is the custodian of a
patient whose physician is unwilling to perform a medical procedure, including an
electroconvulsive treatment, based solely on the patient’s consent and whose guardian
or guardian advocate is unknown or unlocatable, the court shall hold a hearing to
determine the medical necessity of the medical procedure. The patient shall be
physically present, unless the patient’s medical condition precludes such presence,
represented by counsel, and provided the right and opportunity to be confronted with,
and to cross-examine, all witnesses alleging the medical necessity of such procedure.
In such proceedings, the burden of proof by clear and convincing evidence shall be on
the party alleging the medical necessity of the procedure.
(d) The administrator of a receiving or treatment facility may, upon the
recommendation of the patient’s attending physician, authorize emergency medical
treatment, including a surgical procedure, if such treatment is deemed lifesaving, or if
the situation threatens serious bodily harm to the patient, and permission of the patient
or the patient’s guardian or guardian advocate cannot be obtained.
(4) QUALITY OF TREATMENT.—
(a) Each patient shall receive services, including, for a patient placed under s.
394.4655, those services included in the court order which are suited to his or her
needs, and which shall be administered skillfully, safely, and humanely with full respect
for the patient’s dignity and personal integrity. Each patient shall receive such medical,
vocational, social, educational, and rehabilitative services as his or her condition
requires in order to live successfully in the community. In order to achieve this goal, the
department is directed to coordinate its mental health programs with all other programs
of the department and other state agencies.
(b) Facilities shall develop and maintain, in a form accessible to and readily
understandable by patients and consistent with rules adopted by the department, the
following:
1. Criteria, procedures, and required staff training for any use of close or elevated
levels of supervision, of restraint, seclusion, or isolation, or of emergency treatment
orders, and for the use of bodily control and physical management techniques.
2. Procedures for documenting, monitoring, and requiring clinical review of all uses of
the procedures described in subparagraph 1. and for documenting and requiring review
of any incidents resulting in injury to patients.
3. A system for investigating, tracking, managing, and responding to complaints by
persons receiving services or individuals acting on their behalf.
(c) A facility may not use seclusion or restraint for punishment, to compensate for
inadequate staffing, or for the convenience of staff. Facilities shall ensure that all staff
are made aware of these restrictions on the use of seclusion and restraint and shall
make and maintain records which demonstrate that this information has been conveyed
to individual staff members.
(5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
(a) Each person receiving services in a facility providing mental health services under
this part has the right to communicate freely and privately with persons outside the
facility unless it is determined that such communication is likely to be harmful to the
person or others. Each facility shall make available as soon as reasonably possible to
persons receiving services a telephone that allows for free local calls and access to a
long-distance service. A facility is not required to pay the costs of a patient’s long-
distance calls. The telephone shall be readily accessible to the patient and shall be
placed so that the patient may use it to communicate privately and confidentially. The
facility may establish reasonable rules for the use of this telephone, provided that the
rules do not interfere with a patient’s access to a telephone to report abuse pursuant to
paragraph (e).
(b) Each patient admitted to a facility under the provisions of this part shall be allowed
to receive, send, and mail sealed, unopened correspondence; and no patient’s incoming
or outgoing correspondence shall be opened, delayed, held, or censored by the facility
unless there is reason to believe that it contains items or substances which may be
harmful to the patient or others, in which case the administrator may direct reasonable
examination of such mail and may regulate the disposition of such items or substances.
(c) Each facility must permit immediate access to any patient, subject to the patient’s
right to deny or withdraw consent at any time, by the patient’s family members,
guardian, guardian advocate, representative, Florida statewide or local advocacy
council, or attorney, unless such access would be detrimental to the patient. If a
patient’s right to communicate or to receive visitors is restricted by the facility, written
notice of such restriction and the reasons for the restriction shall be served on the
patient, the patient’s attorney, and the patient’s guardian, guardian advocate, or
representative; and such restriction shall be recorded on the patient’s clinical record
with the reasons therefor. The restriction of a patient’s right to communicate or to
receive visitors shall be reviewed at least every 7 days. The right to communicate or
receive visitors shall not be restricted as a means of punishment. Nothing in this
paragraph shall be construed to limit the provisions of paragraph (d).
(d) Each facility shall establish reasonable rules governing visitors, visiting hours, and
the use of telephones by patients in the least restrictive possible manner. Patients shall
have the right to contact and to receive communication from their attorneys at any
reasonable time.
(e) Each patient receiving mental health treatment in any facility shall have ready
access to a telephone in order to report an alleged abuse. The facility staff shall orally
and in writing inform each patient of the procedure for reporting abuse and shall make
every reasonable effort to present the information in a language the patient
understands. A written copy of that procedure, including the telephone number of the
central abuse hotline and reporting forms, shall be posted in plain view.
(f) The department shall adopt rules providing a procedure for reporting abuse. Facility
staff shall be required, as a condition of employment, to become familiar with the
requirements and procedures for the reporting of abuse.
(6) CARE AND CUSTODY OF PERSONAL EFFECTS OF PATIENTS.—A patient’s
right to the possession of his or her clothing and personal effects shall be respected.
The facility may take temporary custody of such effects when required for medical and
safety reasons. A patient’s clothing and personal effects shall be inventoried upon their
removal into temporary custody. Copies of this inventory shall be given to the patient
and to the patient’s guardian, guardian advocate, or representative and shall be
recorded in the patient’s clinical record. This inventory may be amended upon the
request of the patient or the patient’s guardian, guardian advocate, or representative.

The inventory and any amendments to it must be witnessed by two members of the
facility staff and by the patient, if able. All of a patient’s clothing and personal effects
held by the facility shall be returned to the patient immediately upon the discharge or
transfer of the patient from the facility, unless such return would be detrimental to the
patient. If personal effects are not returned to the patient, the reason must be
documented in the clinical record along with the disposition of the clothing and personal
effects, which may be given instead to the patient’s guardian, guardian advocate, or
representative. As soon as practicable after an emergency transfer of a patient, the
patient’s clothing and personal effects shall be transferred to the patient’s new location,
together with a copy of the inventory and any amendments, unless an alternate plan is
approved by the patient, if able, and by the patient’s guardian, guardian advocate, or
representative.
(7) VOTING IN PUBLIC ELECTIONS.—A patient who is eligible to vote according to
the laws of the state has the right to vote in the primary and general elections. The
department shall establish rules to enable patients to obtain voter registration forms,
applications for absentee ballots, and absentee ballots.
(8) HABEAS CORPUS.—
(a) At any time, and without notice, a person held in a receiving or treatment facility, or
a relative, friend, guardian, guardian advocate, representative, or attorney, or the
department, on behalf of such person, may petition for a writ of habeas corpus to
question the cause and legality of such detention and request that the court order a
return to the writ in accordance with chapter 79. Each patient held in a facility shall
receive a written notice of the right to petition for a writ of habeas corpus.
(b) At any time, and without notice, a person who is a patient in a receiving or
treatment facility, or a relative, friend, guardian, guardian advocate, representative, or
attorney, or the department, on behalf of such person, may file a petition in the circuit
court in the county where the patient is being held alleging that the patient is being
unjustly denied a right or privilege granted herein or that a procedure authorized herein
is being abused. Upon the filing of such a petition, the court shall have the authority to
conduct a judicial inquiry and to issue any order needed to correct an abuse of the
provisions of this part.
(c) The administrator of any receiving or treatment facility receiving a petition under

this subsection shall file the petition with the clerk of the court on the next court working
day.
(d) No fee shall be charged for the filing of a petition under this subsection.
(9) VIOLATIONS.—The department shall report to the Agency for Health Care
Administration any violation of the rights or privileges of patients, or of any procedures
provided under this part, by any facility or professional licensed or regulated by the
agency. The agency is authorized to impose any sanction authorized for violation of this
part, based solely on the investigation and findings of the department.
(10) LIABILITY FOR VIOLATIONS.—Any person who violates or abuses any rights or
privileges of patients provided by this part is liable for damages as determined by law.
Any person who acts in good faith in compliance with the provisions of this part is
immune from civil or criminal liability for his or her actions in connection with the
admission, diagnosis, treatment, or discharge of a patient to or from a facility. However,
this section does not relieve any person from liability if such person commits
negligence.
(11) RIGHT TO PARTICIPATE IN TREATMENT AND DISCHARGE PLANNING.—The
patient shall have the opportunity to participate in treatment and discharge planning and
shall be notified in writing of his or her right, upon discharge from the facility, to seek
treatment from the professional or agency of the patient’s choice.
(12) POSTING OF NOTICE OF RIGHTS OF PATIENTS.—Each facility shall post a
notice listing and describing, in the language and terminology that the persons to whom
the notice is addressed can understand, the rights provided in this section. This notice
shall include a statement that provisions of the federal Americans with Disabilities Act
apply and the name and telephone number of a person to contact for further
information. This notice shall be posted in a place readily accessible to patients and in a
format easily seen by patients. This notice shall include the telephone numbers of the
Florida local advocacy council and Advocacy Center for Persons with Disabilities, Inc.
ch. 77-147; s. 1, ch. 78-434; s. 12, ch. 79-3; s. 4, ch. 79-298; s. 10, ch. 79-320; s. 1, ch.
88-398; s. 11, ch. 90-347; s. 1, ch. 91-170; s. 71, ch. 95-143; s. 706, ch. 95-148; s. 7,
ch. 96-169; s. 210, ch. 96-406; s. 9, ch. 2000-263; s. 64, ch. 2000-349; s. 2, ch.
2004-385; s. 3, ch. 2005-65.
394.4593 Sexual misconduct prohibited; reporting required; penalties.—

(1) As used in this section, the term:
(a) “Employee” includes any paid staff member, volunteer, or intern of the department;
any person under contract with the department; and any person providing care or
support to a client on behalf of the department or its providers.
(b) “Sexual activity” means:
1. Fondling the genital area, groin, inner thighs, buttocks, or breasts of a person.
2. The oral, anal, or vaginal penetration by or union with the sexual organ of another
or the anal or vaginal penetration of another by any other object.
3. Intentionally touching in a lewd or lascivious manner the breasts, genitals, the
genital area, or buttocks, or the clothing covering them, of a person, or forcing or
enticing a person to touch the perpetrator.
4. Intentionally masturbating in the presence of another person.
5. Intentionally exposing the genitals in a lewd or lascivious manner in the presence of
another person.
6. Intentionally committing any other sexual act that does not involve actual physical or
sexual contact with the victim, including, but not limited to, sadomasochistic abuse,
sexual bestiality, or the simulation of any act involving sexual activity in the presence of
a victim.
(c) “Sexual misconduct” means any sexual activity between an employee and a
patient, regardless of the consent of the patient. The term does not include an act done
for a bona fide medical purpose or an internal search conducted in the lawful
performance of duty by an employee.
(2) An employee who engages in sexual misconduct with a patient who:
(a) Is in the custody of the department; or
(b) Resides in a receiving facility or a treatment facility, as those terms are defined in
s. 394.455,
commits a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. An employee may be found guilty of violating this subsection
without having committed the crime of sexual battery.
(3) The consent of the patient to sexual activity is not a defense to prosecution under
this section.
(4) This section does not apply to an employee who:
(a) Is legally married to the patient; or
(b) Has no reason to believe that the person with whom the employee engaged in
sexual misconduct is a patient receiving services as described in subsection (2).
(5) An employee who witnesses sexual misconduct, or who otherwise knows or has
reasonable cause to suspect that a person has engaged in sexual misconduct, shall
immediately report the incident to the department’s central abuse hotline and to the
appropriate local law enforcement agency. Such employee shall also prepare, date, and
sign an independent report that specifically describes the nature of the sexual
misconduct, the location and time of the incident, and the persons involved. The
employee shall deliver the report to the supervisor or program director, who is
responsible for providing copies to the department’s inspector general. The inspector
general shall immediately conduct an appropriate administrative investigation, and, if
there is probable cause to believe that sexual misconduct has occurred, the inspector
general shall notify the state attorney in the circuit in which the incident occurred.
(6)(a) Any person who is required to make a report under this section and who
knowingly or willfully fails to do so, or who knowingly or willfully prevents another person
from doing so, commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
(b) Any person who knowingly or willfully submits inaccurate, incomplete, or untruthful
information with respect to a report required under this section commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Any person who knowingly or willfully coerces or threatens any other person with
the intent to alter testimony or a written report regarding an incident of sexual
misconduct commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
(7) The provisions and penalties set forth in this section are in addition to any other
civil, administrative, or criminal action provided by law which may be applied against an
employee.
History.—s. 2, ch. 2004-267.
394.4595 Florida statewide and local advocacy councils; access to patients and

records.—Any facility designated by the department as a receiving or treatment facility
must allow access to any patient and the clinical and legal records of any patient
admitted pursuant to the provisions of this act by members of the Florida statewide and
local advocacy councils.
History.—s. 8, ch. 96-169; s. 10, ch. 2000-263.
394.4597 Persons to be notified; patient’s representative.—

(1) VOLUNTARY PATIENTS.—At the time a patient is voluntarily admitted to a
receiving or treatment facility, the identity and contact information of a person to be
notified in case of an emergency shall be entered in the patient’s clinical record.
(2) INVOLUNTARY PATIENTS.—
(a) At the time a patient is admitted to a facility for involuntary examination or
placement, or when a petition for involuntary placement is filed, the names, addresses,
and telephone numbers of the patient’s guardian or guardian advocate, or
representative if the patient has no guardian, and the patient’s attorney shall be entered
in the patient’s clinical record.
(b) If the patient has no guardian, the patient shall be asked to designate a
representative. If the patient is unable or unwilling to designate a representative, the
facility shall select a representative.
(c) The patient shall be consulted with regard to the selection of a representative by
the receiving or treatment facility and shall have authority to request that any such
representative be replaced.
(d) When the receiving or treatment facility selects a representative, first preference
shall be given to a health care surrogate, if one has been previously selected by the
patient. If the patient has not previously selected a health care surrogate, the selection,
except for good cause documented in the patient’s clinical record, shall be made from
the following list in the order of listing:
1. The patient’s spouse.
2. An adult child of the patient.
3. A parent of the patient.
4. The adult next of kin of the patient.
5. An adult friend of the patient.
6. The appropriate Florida local advocacy council as provided in s. 402.166.

(e) A licensed professional providing services to the patient under this part, an
employee of a facility providing direct services to the patient under this part, a
department employee, a person providing other substantial services to the patient in a
professional or business capacity, or a creditor of the patient shall not be appointed as
the patient’s representative.
History.—s. 9, ch. 96-169; s. 11, ch. 2000-263.
394.4598 Guardian advocate.—
(1) The administrator may petition the court for the appointment of a guardian
advocate based upon the opinion of a psychiatrist that the patient is incompetent to
consent to treatment. If the court finds that a patient is incompetent to consent to
treatment and has not been adjudicated incapacitated and a guardian with the authority
to consent to mental health treatment appointed, it shall appoint a guardian advocate.
The patient has the right to have an attorney represent him or her at the hearing. If the
person is indigent, the court shall appoint the office of the public defender to represent
him or her at the hearing. The patient has the right to testify, cross-examine witnesses,
and present witnesses. The proceeding shall be recorded either electronically or
stenographically, and testimony shall be provided under oath. One of the professionals
authorized to give an opinion in support of a petition for involuntary placement, as
described in s. 394.4655 or s. 394.467, must testify. A guardian advocate must meet the
qualifications of a guardian contained in part IV of chapter 744, except that a
professional referred to in this part, an employee of the facility providing direct services
to the patient under this part, a departmental employee, a facility administrator, or
member of the Florida local advocacy council shall not be appointed. A person who is
appointed as a guardian advocate must agree to the appointment.
(2) A facility requesting appointment of a guardian advocate must, prior to the
appointment, provide the prospective guardian advocate with information about the
duties and responsibilities of guardian advocates, including the information about the
ethics of medical decisionmaking. Before asking a guardian advocate to give consent to
treatment for a patient, the facility shall provide to the guardian advocate sufficient
information so that the guardian advocate can decide whether to give express and
informed consent to the treatment, including information that the treatment is essential
to the care of the patient, and that the treatment does not present an unreasonable risk
of serious, hazardous, or irreversible side effects. Before giving consent to treatment,
the guardian advocate must meet and talk with the patient and the patient’s physician in
person, if at all possible, and by telephone, if not. The decision of the guardian advocate
may be reviewed by the court, upon petition of the patient’s attorney, the patient’s family,
or the facility administrator.
(3) Prior to a guardian advocate exercising his or her authority, the guardian advocate
shall attend a training course approved by the court. This training course, of not less
than 4 hours, must include, at minimum, information about the patient rights,
psychotropic medications, diagnosis of mental illness, the ethics of medical
decisionmaking, and duties of guardian advocates. This training course shall take the
place of the training required for guardians appointed pursuant to chapter 744.
(4) The information to be supplied to prospective guardian advocates prior to their
appointment and the training course for guardian advocates must be developed and
completed through a course developed by the department and approved by the chief
judge of the circuit court and taught by a court-approved organization. Court-approved
organizations may include, but are not limited to, community or junior colleges,
guardianship organizations, and the local bar association or The Florida Bar. The court
may, in its discretion, waive some or all of the training requirements for guardian
advocates or impose additional requirements. The court shall make its decision on a
case-by-case basis and, in making its decision, shall consider the experience and
education of the guardian advocate, the duties assigned to the guardian advocate, and
the needs of the patient.
(5) In selecting a guardian advocate, the court shall give preference to a health care
surrogate, if one has already been designated by the patient. If the patient has not
previously selected a health care surrogate, except for good cause documented in the
court record, the selection shall be made from the following list in the order of listing:
(a) The patient’s spouse.
(b) An adult child of the patient.
(c) A parent of the patient.
(d) The adult next of kin of the patient.
(e) An adult friend of the patient.
(f) An adult trained and willing to serve as guardian advocate for the patient.
(6) If a guardian with the authority to consent to medical treatment has not already
been appointed or if the patient has not already designated a health care surrogate, the
court may authorize the guardian advocate to consent to medical treatment, as well as
mental health treatment. Unless otherwise limited by the court, a guardian advocate
with authority to consent to medical treatment shall have the same authority to make
health care decisions and be subject to the same restrictions as a proxy appointed
under part IV of chapter 765. Unless the guardian advocate has sought and received
express court approval in proceeding separate from the proceeding to determine the
competence of the patient to consent to medical treatment, the guardian advocate may
not consent to:
(a) Abortion.
(b) Sterilization.
(c) Electroconvulsive treatment.
(d) Psychosurgery.
(e) Experimental treatments that have not been approved by a federally approved
institutional review board in accordance with 45 C.F.R. part 46 or 21 C.F.R. part 56.
The court must base its decision on evidence that the treatment or procedure is
essential to the care of the patient and that the treatment does not present an
unreasonable risk of serious, hazardous, or irreversible side effects. The court shall
follow the procedures set forth in subsection (1) of this section.
(7) The guardian advocate shall be discharged when the patient is discharged from an
order for involuntary outpatient placement or involuntary inpatient placement or when
the patient is transferred from involuntary to voluntary status. The court or a hearing
officer shall consider the competence of the patient pursuant to subsection (1) and may
consider an involuntarily placed patient’s competence to consent to treatment at any
hearing. Upon sufficient evidence, the court may restore, or the hearing officer may
recommend that the court restore, the patient’s competence. A copy of the order
restoring competence or the certificate of discharge containing the restoration of
competence shall be provided to the patient and the guardian advocate.
394.4599 Notice.—
(1) VOLUNTARY PATIENTS.—Notice of a voluntary patient’s admission shall only be

given at the request of the patient, except that in an emergency, notice shall be given as
determined by the facility.
(2) INVOLUNTARY PATIENTS.—
(a) Whenever notice is required to be given under this part, such notice shall be given
to the patient and the patient’s guardian, guardian advocate, attorney, and
representative.
1. When notice is required to be given to a patient, it shall be given both orally and in
writing, in the language and terminology that the patient can understand, and, if needed,
the facility shall provide an interpreter for the patient.
2. Notice to a patient’s guardian, guardian advocate, attorney, and representative shall
be given by United States mail and by registered or certified mail with the receipts
attached to the patient’s clinical record. Hand delivery by a facility employee may be
used as an alternative, with delivery documented in the clinical record. If notice is given
by a state attorney or an attorney for the department, a certificate of service shall be
sufficient to document service.
(b) A receiving facility shall give prompt notice of the whereabouts of a patient who is
being involuntarily held for examination, by telephone or in person within 24 hours after
the patient’s arrival at the facility, unless the patient requests that no notification be
made. Contact attempts shall be documented in the patient’s clinical record and shall
begin as soon as reasonably possible after the patient’s arrival. Notice that a patient is
being admitted as an involuntary patient shall be given to the Florida local advocacy
council no later than the next working day after the patient is admitted.
(c) The written notice of the filing of the petition for involuntary placement must contain
the following:
1. Notice that the petition has been filed with the circuit court in the county in which the
patient is hospitalized and the address of such court.
2. Notice that the office of the public defender has been appointed to represent the
patient in the proceeding, if the patient is not otherwise represented by counsel.
3. The date, time, and place of the hearing and the name of each examining expert
and every other person expected to testify in support of continued detention.
4. Notice that the patient, the patient’s guardian or representative, or the administrator
may apply for a change of venue for the convenience of the parties or witnesses or
because of the condition of the patient.
5. Notice that the patient is entitled to an independent expert examination and, if the
patient cannot afford such an examination, that the court will provide for one.
(d) A treatment facility shall provide notice of a patient’s involuntary admission on the
next regular working day after the patient’s arrival at the facility.
(e) When a patient is to be transferred from one facility to another, notice shall be
given by the facility where the patient is located prior to the transfer.
History.—s. 11, ch. 96-169; s. 13, ch. 2000-263.
394.460 Rights of professionals.—No professional referred to in this part shall be

required to accept patients for treatment of mental, emotional, or behavioral disorders.
Such participation shall be voluntary.
394.461 Designation of receiving and treatment facilities.—The department is

authorized to designate and monitor receiving facilities and treatment facilities and may
suspend or withdraw such designation for failure to comply with this part and rules
adopted under this part. Unless designated by the department, facilities are not
permitted to hold or treat involuntary patients under this part.
(1) RECEIVING FACILITY.—The department may designate any community facility as
a receiving facility. Any other facility within the state, including a private facility or a
federal facility, may be so designated by the department, provided that such designation
is agreed to by the governing body or authority of the facility.
(2) TREATMENT FACILITY.—The department may designate any state-owned, state-
operated, or state-supported facility as a state treatment facility. A civil patient shall not
be admitted to a state treatment facility without previously undergoing a transfer
evaluation. Before a court hearing for involuntary placement in a state treatment facility,
the court shall receive and consider the information documented in the transfer
evaluation. Any other facility, including a private facility or a federal facility, may be
designated as a treatment facility by the department, provided that such designation is
agreed to by the appropriate governing body or authority of the facility.
(3) PRIVATE FACILITIES.—Private facilities designated as receiving and treatment

facilities by the department may provide examination and treatment of involuntary
patients, as well as voluntary patients, and are subject to all the provisions of this part.
(4)(a) A facility designated as a public receiving or treatment facility under this section
shall report to the department on an annual basis the following data, unless these data
are currently being submitted to the Agency for Health Care Administration:
1. Number of licensed beds.
2. Number of contract days.
3. Number of admissions by payor class and diagnoses.
4. Number of bed days by payor class.
5. Average length of stay by payor class.
6. Total revenues by payor class.
(b) For the purposes of this subsection, “payor class” means Medicare, Medicare
HMO, Medicaid, Medicaid HMO, private-pay health insurance, private-pay health
maintenance organization, private preferred provider organization, the Department of
Children and Family Services, other government programs, self-pay patients, and
charity care.
(c) The data required under this subsection shall be submitted to the department no
later than 90 days following the end of the facility’s fiscal year. A facility designated as a
public receiving or treatment facility shall submit its initial report for the 6-month period
ending June 30, 2008.
(d) The department shall issue an annual report based on the data required pursuant
to this subsection. The report shall include individual facilities’ data, as well as statewide
totals. The report shall be submitted to the Governor, the President of the Senate, and
the Speaker of the House of Representatives.
(5) RULES.—The department shall adopt rules relating to:
(a) Procedures and criteria for receiving and evaluating facility applications for
designation, which may include onsite facility inspection and evaluation of an applicant’s
licensing status and performance history, as well as consideration of local service
needs.
(b) Minimum standards consistent with this part that a facility must meet and maintain
in order to be designated as a receiving or treatment facility and procedures for
monitoring continued adherence to such standards.
(c) Procedures for receiving complaints against a designated facility and for initiating
inspections and investigations of facilities alleged to have violated the provisions of this
part or rules adopted under this part.
(d) Procedures and criteria for the suspension or withdrawal of designation.
History.—s. 6, ch. 71-131; s. 3, ch. 72-396; s. 5, ch. 73-133; s. 1, ch. 77-90; s. 203, ch.
77-147; s. 6, ch. 79-298; ss. 1, 2, ch. 80-384; s. 9, ch. 82-212; s. 7, ch. 84-285; s. 42,
ch. 85-167; s. 707, ch. 95-148; s. 13, ch. 96-169; s. 1, ch. 2007-169.
394.4612 Integrated adult mental health crisis stabilization and addictions

receiving facilities.—
(1) The Agency for Health Care Administration, in consultation with the Department of
Children and Family Services, may license facilities that integrate services provided in
an adult mental health crisis stabilization unit with services provided in an adult
addictions receiving facility. Such a facility shall be licensed by the agency as an adult
crisis stabilization unit under part IV and must meet all licensure requirements for crisis
stabilization units providing integrated services.
(2) An integrated mental health crisis stabilization unit and addictions receiving facility
may provide services under this section to adults who are 18 years of age or older and
who fall into one or more of the following categories:
(a) An adult meeting the requirements for voluntary admission for mental health
treatment under s. 394.4625.
(b) An adult meeting the criteria for involuntary examination for mental illness under s.
394.463.
(c) An adult qualifying for voluntary admission for substance abuse treatment under s.
397.601.
(d) An adult meeting the criteria for involuntary admission for substance abuse
impairment under s. 397.675.
(3) The department, in consultation with the agency, shall adopt by rule standards that
address eligibility criteria; clinical procedures; staffing requirements; operational,
administrative, and financing requirements; and the investigation of complaints.
History.—s. 1, ch. 2009-44.

394.4615 Clinical records; confidentiality.—
(1) A clinical record shall be maintained for each patient. The record shall include data
pertaining to admission and such other information as may be required under rules of
the department. A clinical record is confidential and exempt from the provisions of s.
119.07(1). Unless waived by express and informed consent, by the patient or the
patient’s guardian or guardian advocate or, if the patient is deceased, by the patient’s
personal representative or the family member who stands next in line of intestate
succession, the confidential status of the clinical record shall not be lost by either
authorized or unauthorized disclosure to any person, organization, or agency.
(2) The clinical record shall be released when:
(a) The patient or the patient’s guardian authorizes the release. The guardian or
guardian advocate shall be provided access to the appropriate clinical records of the
patient. The patient or the patient’s guardian or guardian advocate may authorize the
release of information and clinical records to appropriate persons to ensure the
continuity of the patient’s health care or mental health care.
(b) The patient is represented by counsel and the records are needed by the patient’s
counsel for adequate representation.
(c) The court orders such release. In determining whether there is good cause for
disclosure, the court shall weigh the need for the information to be disclosed against the
possible harm of disclosure to the person to whom such information pertains.
(d) The patient is committed to, or is to be returned to, the Department of Corrections
from the Department of Children and Family Services, and the Department of
Corrections requests such records. These records shall be furnished without charge to
the Department of Corrections.
(3) Information from the clinical record may be released in the following
circumstances:
(a) When a patient has declared an intention to harm other persons. When such
declaration has been made, the administrator may authorize the release of sufficient
information to provide adequate warning to the person threatened with harm by the
patient.
(b) When the administrator of the facility or secretary of the department deems release
to a qualified researcher as defined in administrative rule, an aftercare treatment
provider, or an employee or agent of the department is necessary for treatment of the
patient, maintenance of adequate records, compilation of treatment data, aftercare
planning, or evaluation of programs.
For the purpose of determining whether a person meets the criteria for involuntary
outpatient placement or for preparing the proposed treatment plan pursuant to s.
394.4655, the clinical record may be released to the state attorney, the public defender
or the patient’s private legal counsel, the court, and to the appropriate mental health
professionals, including the service provider identified in s. 394.4655(6)(b)2., in
accordance with state and federal law.
(4) Information from clinical records may be used for statistical and research purposes
if the information is abstracted in such a way as to protect the identity of individuals.
(5) Information from clinical records may be used by the Agency for Health Care
Administration, the department, and the Florida advocacy councils for the purpose of
monitoring facility activity and complaints concerning facilities.
(6) Clinical records relating to a Medicaid recipient shall be furnished to the Medicaid
Fraud Control Unit in the Department of Legal Affairs, upon request.
(7) Any person, agency, or entity receiving information pursuant to this section shall
maintain such information as confidential and exempt from the provisions of s. 119.07
(1).
(8) Any facility or private mental health practitioner who acts in good faith in releasing
information pursuant to this section is not subject to civil or criminal liability for such
release.
(9) Nothing in this section is intended to prohibit the parent or next of kin of a person
who is held in or treated under a mental health facility or program from requesting and
receiving information limited to a summary of that person’s treatment plan and current
physical and mental condition. Release of such information shall be in accordance with
the code of ethics of the profession involved.
(10) Patients shall have reasonable access to their clinical records, unless such
access is determined by the patient’s physician to be harmful to the patient. If the
patient’s right to inspect his or her clinical record is restricted by the facility, written
notice of such restriction shall be given to the patient and the patient’s guardian,
guardian advocate, attorney, and representative. In addition, the restriction shall be
recorded in the clinical record, together with the reasons for it. The restriction of a
patient’s right to inspect his or her clinical record shall expire after 7 days but may be
renewed, after review, for subsequent 7-day periods.
(11) Any person who fraudulently alters, defaces, or falsifies the clinical record of any
person receiving mental health services in a facility subject to this part, or causes or
procures any of these offenses to be committed, commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 14, ch. 96-169; s. 98, ch. 99-8; s. 1, ch. 2000-163; s. 14, ch. 2000-263; s.
4, ch. 2004-385.
394.462 Transportation.—
(1) TRANSPORTATION TO A RECEIVING FACILITY.—
(a) Each county shall designate a single law enforcement agency within the county, or
portions thereof, to take a person into custody upon the entry of an ex parte order or the
execution of a certificate for involuntary examination by an authorized professional and
to transport that person to the nearest receiving facility for examination. The designated
law enforcement agency may decline to transport the person to a receiving facility only
if:
1. The jurisdiction designated by the county has contracted on an annual basis with an
emergency medical transport service or private transport company for transportation of
persons to receiving facilities pursuant to this section at the sole cost of the county; and
2. The law enforcement agency and the emergency medical transport service or
private transport company agree that the continued presence of law enforcement
personnel is not necessary for the safety of the person or others.
3. The jurisdiction designated by the county may seek reimbursement for
transportation expenses. The party responsible for payment for such transportation is
the person receiving the transportation. The county shall seek reimbursement from the
following sources in the following order:
a. From an insurance company, health care corporation, or other source, if the person
receiving the transportation is covered by an insurance policy or subscribes to a health
care corporation or other source for payment of such expenses.
b. From the person receiving the transportation.
c. From a financial settlement for medical care, treatment, hospitalization, or

transportation payable or accruing to the injured party.
(b) Any company that transports a patient pursuant to this subsection is considered an
independent contractor and is solely liable for the safe and dignified transportation of
the patient. Such company must be insured and provide no less than $100,000 in
liability insurance with respect to the transportation of patients.
(c) Any company that contracts with a governing board of a county to transport
patients shall comply with the applicable rules of the department to ensure the safety
and dignity of the patients.
(d) When a law enforcement officer takes custody of a person pursuant to this part,
the officer may request assistance from emergency medical personnel if such
assistance is needed for the safety of the officer or the person in custody.
(e) When a member of a mental health overlay program or a mobile crisis response
service is a professional authorized to initiate an involuntary examination pursuant to s.
394.463 and that professional evaluates a person and determines that transportation to
a receiving facility is needed, the service, at its discretion, may transport the person to
the facility or may call on the law enforcement agency or other transportation
arrangement best suited to the needs of the patient.
(f) When any law enforcement officer has custody of a person based on either
noncriminal or minor criminal behavior that meets the statutory guidelines for involuntary
examination under this part, the law enforcement officer shall transport the person to the
nearest receiving facility for examination.
(g) When any law enforcement officer has arrested a person for a felony and it
appears that the person meets the statutory guidelines for involuntary examination or
placement under this part, such person shall first be processed in the same manner as
any other criminal suspect. The law enforcement agency shall thereafter immediately
notify the nearest public receiving facility, which shall be responsible for promptly
arranging for the examination and treatment of the person. A receiving facility is not
required to admit a person charged with a crime for whom the facility determines and
documents that it is unable to provide adequate security, but shall provide mental health
examination and treatment to the person where he or she is held.
(h) If the appropriate law enforcement officer believes that a person has an emergency
medical condition as defined in s. 395.002, the person may be first transported to a
hospital for emergency medical treatment, regardless of whether the hospital is a
designated receiving facility.
(i) The costs of transportation, evaluation, hospitalization, and treatment incurred
under this subsection by persons who have been arrested for violations of any state law
or county or municipal ordinance may be recovered as provided in s. 901.35.
(j) The nearest receiving facility must accept persons brought by law enforcement
officers for involuntary examination.
(k) Each law enforcement agency shall develop a memorandum of understanding with
each receiving facility within the law enforcement agency’s jurisdiction which reflects a
single set of protocols for the safe and secure transportation of the person and transfer
of custody of the person. These protocols must also address crisis intervention
measures.
(l) When a jurisdiction has entered into a contract with an emergency medical
transport service or a private transport company for transportation of persons to
receiving facilities, such service or company shall be given preference for transportation
of persons from nursing homes, assisted living facilities, adult day care centers, or adult
family-care homes, unless the behavior of the person being transported is such that
transportation by a law enforcement officer is necessary.
(m) Nothing in this section shall be construed to limit emergency examination and
treatment of incapacitated persons provided in accordance with the provisions of s.
401.445.
(2) TRANSPORTATION TO A TREATMENT FACILITY.—
(a) If neither the patient nor any person legally obligated or responsible for the patient
is able to pay for the expense of transporting a voluntary or involuntary patient to a
treatment facility, the governing board of the county in which the patient is hospitalized
shall arrange for such required transportation and shall ensure the safe and dignified
transportation of the patient. The governing board of each county is authorized to
contract with private transport companies for the transportation of such patients to and
from a treatment facility.
(b) Any company that transports a patient pursuant to this subsection is considered an

independent contractor and is solely liable for the safe and dignified transportation of
the patient. Such company must be insured and provide no less than $100,000 in
liability insurance with respect to the transportation of patients.
(c) Any company that contracts with the governing board of a county to transport
patients shall comply with the applicable rules of the department to ensure the safety
and dignity of the patients.
(d) County or municipal law enforcement and correctional personnel and equipment
shall not be used to transport patients adjudicated incapacitated or found by the court to
meet the criteria for involuntary placement pursuant to s. 394.467, except in small rural
counties where there are no cost-efficient alternatives.
(3) TRANSFER OF CUSTODY.—Custody of a person who is transported pursuant to
this part, along with related documentation, shall be relinquished to a responsible
individual at the appropriate receiving or treatment facility.
(4) EXCEPTIONS.—An exception to the requirements of this section may be granted
by the secretary of the department for the purposes of improving service coordination or
better meeting the special needs of individuals. A proposal for an exception must be
submitted by the district administrator after being approved by the governing boards of
any affected counties, prior to submission to the secretary.
(a) A proposal for an exception must identify the specific provision from which an
exception is requested; describe how the proposal will be implemented by participating
law enforcement agencies and transportation authorities; and provide a plan for the
coordination of services such as case management.
(b) The exception may be granted only for:
1. An arrangement centralizing and improving the provision of services within a
district, which may include an exception to the requirement for transportation to the
nearest receiving facility;
2. An arrangement by which a facility may provide, in addition to required psychiatric
services, an environment and services which are uniquely tailored to the needs of an
identified group of persons with special needs, such as persons with hearing
impairments or visual impairments, or elderly persons with physical frailties; or
3. A specialized transportation system that provides an efficient and humane method
of transporting patients to receiving facilities, among receiving facilities, and to treatment
facilities.
(c) Any exception approved pursuant to this subsection shall be reviewed and
approved every 5 years by the secretary.
History.—s. 15, ch. 96-169; s. 48, ch. 2000-139; s. 3, ch. 2009-38.
394.4625 Voluntary admissions.—
(1) AUTHORITY TO RECEIVE PATIENTS.—
(a) A facility may receive for observation, diagnosis, or treatment any person 18 years
of age or older making application by express and informed consent for admission or
any person age 17 or under for whom such application is made by his or her guardian. If
found to show evidence of mental illness, to be competent to provide express and
informed consent, and to be suitable for treatment, such person 18 years of age or older
may be admitted to the facility. A person age 17 or under may be admitted only after a
hearing to verify the voluntariness of the consent.
(b) A mental health overlay program or a mobile crisis response service or a licensed
professional who is authorized to initiate an involuntary examination pursuant to s.
394.463 and is employed by a community mental health center or clinic must, pursuant
to district procedure approved by the respective district administrator, conduct an initial
assessment of the ability of the following persons to give express and informed consent
to treatment before such persons may be admitted voluntarily:
1. A person 60 years of age or older for whom transfer is being sought from a nursing
home, assisted living facility, adult day care center, or adult family-care home, when
such person has been diagnosed as suffering from dementia.
2. A person 60 years of age or older for whom transfer is being sought from a nursing
home pursuant to s. 400.0255(12).
3. A person for whom all decisions concerning medical treatment are currently being
lawfully made by the health care surrogate or proxy designated under chapter 765.
(c) When an initial assessment of the ability of a person to give express and informed
consent to treatment is required under this section, and a mobile crisis response service
does not respond to the request for an assessment within 2 hours after the request is
made or informs the requesting facility that it will not be able to respond within 2 hours
after the request is made, the requesting facility may arrange for assessment by any
licensed professional authorized to initiate an involuntary examination pursuant to s.
394.463 who is not employed by or under contract with, and does not have a financial
interest in, either the facility initiating the transfer or the receiving facility to which the
transfer may be made.
(d) A facility may not admit as a voluntary patient a person who has been adjudicated
incapacitated, unless the condition of incapacity has been judicially removed. If a facility
admits as a voluntary patient a person who is later determined to have been adjudicated
incapacitated, and the condition of incapacity had not been removed by the time of the
admission, the facility must either discharge the patient or transfer the patient to
involuntary status.
(e) The health care surrogate or proxy of a voluntary patient may not consent to the
provision of mental health treatment for the patient. A voluntary patient who is unwilling
or unable to provide express and informed consent to mental health treatment must
either be discharged or transferred to involuntary status.
(f) Within 24 hours after admission of a voluntary patient, the admitting physician shall
document in the patient’s clinical record that the patient is able to give express and
informed consent for admission. If the patient is not able to give express and informed
consent for admission, the facility shall either discharge the patient or transfer the
patient to involuntary status pursuant to subsection (5).
(2) DISCHARGE OF VOLUNTARY PATIENTS.—
(a) A facility shall discharge a voluntary patient:
1. Who has sufficiently improved so that retention in the facility is no longer desirable.
A patient may also be discharged to the care of a community facility.
2. Who revokes consent to admission or requests discharge. A voluntary patient or a
relative, friend, or attorney of the patient may request discharge either orally or in writing
at any time following admission to the facility. The patient must be discharged within 24
hours of the request, unless the request is rescinded or the patient is transferred to
involuntary status pursuant to this section. The 24-hour time period may be extended by
a treatment facility when necessary for adequate discharge planning, but shall not
exceed 3 days exclusive of weekends and holidays. If the patient, or another on the
patient’s behalf, makes an oral request for discharge to a staff member, such request
shall be immediately entered in the patient’s clinical record. If the request for discharge
is made by a person other than the patient, the discharge may be conditioned upon the
express and informed consent of the patient.
(b) A voluntary patient who has been admitted to a facility and who refuses to consent
to or revokes consent to treatment shall be discharged within 24 hours after such
refusal or revocation, unless transferred to involuntary status pursuant to this section or
unless the refusal or revocation is freely and voluntarily rescinded by the patient.
(3) NOTICE OF RIGHT TO DISCHARGE.—At the time of admission and at least
every 6 months thereafter, a voluntary patient shall be notified in writing of his or her
right to apply for a discharge.
(4) TRANSFER TO VOLUNTARY STATUS.—An involuntary patient who applies to be
transferred to voluntary status shall be transferred to voluntary status immediately,
unless the patient has been charged with a crime, or has been involuntarily placed for
treatment by a court pursuant to s. 394.467 and continues to meet the criteria for
involuntary placement. When transfer to voluntary status occurs, notice shall be given
as provided in s. 394.4599.
(5) TRANSFER TO INVOLUNTARY STATUS.—When a voluntary patient, or an
authorized person on the patient’s behalf, makes a request for discharge, the request
for discharge, unless freely and voluntarily rescinded, must be communicated to a
physician, clinical psychologist, or psychiatrist as quickly as possible, but not later than
12 hours after the request is made. If the patient meets the criteria for involuntary
placement, the administrator of the facility must file with the court a petition for
involuntary placement, within 2 court working days after the request for discharge is
made. If the petition is not filed within 2 court working days, the patient shall be
discharged. Pending the filing of the petition, the patient may be held and emergency
treatment rendered in the least restrictive manner, upon the written order of a physician,
if it is determined that such treatment is necessary for the safety of the patient or others.
ch. 82-212; s. 709, ch. 95-148; s. 17, ch. 96-169; s. 22, ch. 99-394.
Note.—Former s. 394.465.
394.463 Involuntary examination.—
(1) CRITERIA.—A person may be taken to a receiving facility for involuntary

examination if there is reason to believe that the person has a mental illness and
because of his or her mental illness:
(a)1. The person has refused voluntary examination after conscientious explanation
and disclosure of the purpose of the examination; or
2. The person is unable to determine for himself or herself whether examination is
necessary; and
(b)1. Without care or treatment, the person is likely to suffer from neglect or refuse to
care for himself or herself; such neglect or refusal poses a real and present threat of
substantial harm to his or her well-being; and it is not apparent that such harm may be
avoided through the help of willing family members or friends or the provision of other
services; or
2. There is a substantial likelihood that without care or treatment the person will cause
serious bodily harm to himself or herself or others in the near future, as evidenced by
recent behavior.
(2) INVOLUNTARY EXAMINATION.—
(a) An involuntary examination may be initiated by any one of the following means:
1. A court may enter an ex parte order stating that a person appears to meet the
criteria for involuntary examination, giving the findings on which that conclusion is
based. The ex parte order for involuntary examination must be based on sworn
testimony, written or oral. If other less restrictive means are not available, such as
voluntary appearance for outpatient evaluation, a law enforcement officer, or other
designated agent of the court, shall take the person into custody and deliver him or her
to the nearest receiving facility for involuntary examination. The order of the court shall
be made a part of the patient’s clinical record. No fee shall be charged for the filing of an
order under this subsection. Any receiving facility accepting the patient based on this
order must send a copy of the order to the Agency for Health Care Administration on the
next working day. The order shall be valid only until executed or, if not executed, for the
period specified in the order itself. If no time limit is specified in the order, the order shall
be valid for 7 days after the date that the order was signed.
2. A law enforcement officer shall take a person who appears to meet the criteria for
involuntary examination into custody and deliver the person or have him or her
delivered to the nearest receiving facility for examination. The officer shall execute a
written report detailing the circumstances under which the person was taken into
custody, and the report shall be made a part of the patient’s clinical record. Any
receiving facility accepting the patient based on this report must send a copy of the
report to the Agency for Health Care Administration on the next working day.
3. A physician, clinical psychologist, psychiatric nurse, mental health counselor,
marriage and family therapist, or clinical social worker may execute a certificate stating
that he or she has examined a person within the preceding 48 hours and finds that the
person appears to meet the criteria for involuntary examination and stating the
observations upon which that conclusion is based. If other less restrictive means are not
available, such as voluntary appearance for outpatient evaluation, a law enforcement
officer shall take the person named in the certificate into custody and deliver him or her
to the nearest receiving facility for involuntary examination. The law enforcement officer
shall execute a written report detailing the circumstances under which the person was
taken into custody. The report and certificate shall be made a part of the patient’s
clinical record. Any receiving facility accepting the patient based on this certificate must
send a copy of the certificate to the Agency for Health Care Administration on the next
working day.
(b) A person shall not be removed from any program or residential placement licensed
under chapter 400 or chapter 429 and transported to a receiving facility for involuntary
examination unless an ex parte order, a professional certificate, or a law enforcement
officer’s report is first prepared. If the condition of the person is such that preparation of
a law enforcement officer’s report is not practicable before removal, the report shall be
completed as soon as possible after removal, but in any case before the person is
transported to a receiving facility. A receiving facility admitting a person for involuntary
examination who is not accompanied by the required ex parte order, professional
certificate, or law enforcement officer’s report shall notify the Agency for Health Care
Administration of such admission by certified mail no later than the next working day.
The provisions of this paragraph do not apply when transportation is provided by the
patient’s family or guardian.
(c) A law enforcement officer acting in accordance with an ex parte order issued
pursuant to this subsection may serve and execute such order on any day of the week,
at any time of the day or night.
(d) A law enforcement officer acting in accordance with an ex parte order issued
pursuant to this subsection may use such reasonable physical force as is necessary to
gain entry to the premises, and any dwellings, buildings, or other structures located on
the premises, and to take custody of the person who is the subject of the ex parte order.
(e) The Agency for Health Care Administration shall receive and maintain the copies of
ex parte orders, involuntary outpatient placement orders issued pursuant to s.
394.4655, involuntary inpatient placement orders issued pursuant to s. 394.467,
professional certificates, and law enforcement officers’ reports. These documents shall
be considered part of the clinical record, governed by the provisions of s. 394.4615. The
agency shall prepare annual reports analyzing the data obtained from these documents,
without information identifying patients, and shall provide copies of reports to the
department, the President of the Senate, the Speaker of the House of Representatives,
and the minority leaders of the Senate and the House of Representatives.
(f) A patient shall be examined by a physician or clinical psychologist at a receiving
facility without unnecessary delay and may, upon the order of a physician, be given
emergency treatment if it is determined that such treatment is necessary for the safety
of the patient or others. The patient may not be released by the receiving facility or its
contractor without the documented approval of a psychiatrist, a clinical psychologist, or,
if the receiving facility is a hospital, the release may also be approved by an attending
emergency department physician with experience in the diagnosis and treatment of
mental and nervous disorders and after completion of an involuntary examination
pursuant to this subsection. However, a patient may not be held in a receiving facility for
involuntary examination longer than 72 hours.
(g) A person for whom an involuntary examination has been initiated who is being
evaluated or treated at a hospital for an emergency medical condition specified in s.
395.002 must be examined by a receiving facility within 72 hours. The 72-hour period
begins when the patient arrives at the hospital and ceases when the attending physician
documents that the patient has an emergency medical condition. If the patient is
examined at a hospital providing emergency medical services by a professional
qualified to perform an involuntary examination and is found as a result of that

examination not to meet the criteria for involuntary outpatient placement pursuant to s.
394.4655(1) or involuntary inpatient placement pursuant to s. 394.467(1), the patient
may be offered voluntary placement, if appropriate, or released directly from the hospital
providing emergency medical services. The finding by the professional that the patient
has been examined and does not meet the criteria for involuntary inpatient placement or
involuntary outpatient placement must be entered into the patient’s clinical record.
Nothing in this paragraph is intended to prevent a hospital providing emergency medical
services from appropriately transferring a patient to another hospital prior to
stabilization, provided the requirements of s. 395.1041(3)(c) have been met.
(h) One of the following must occur within 12 hours after the patient’s attending
physician documents that the patient’s medical condition has stabilized or that an
emergency medical condition does not exist:
1. The patient must be examined by a designated receiving facility and released; or
2. The patient must be transferred to a designated receiving facility in which
appropriate medical treatment is available. However, the receiving facility must be
notified of the transfer within 2 hours after the patient’s condition has been stabilized or
after determination that an emergency medical condition does not exist.
(i) Within the 72-hour examination period or, if the 72 hours ends on a weekend or
holiday, no later than the next working day thereafter, one of the following actions must
be taken, based on the individual needs of the patient:
1. The patient shall be released, unless he or she is charged with a crime, in which
case the patient shall be returned to the custody of a law enforcement officer;
2. The patient shall be released, subject to the provisions of subparagraph 1., for
voluntary outpatient treatment;
3. The patient, unless he or she is charged with a crime, shall be asked to give
express and informed consent to placement as a voluntary patient, and, if such consent
is given, the patient shall be admitted as a voluntary patient; or
4. A petition for involuntary placement shall be filed in the circuit court when outpatient
or inpatient treatment is deemed necessary. When inpatient treatment is deemed
necessary, the least restrictive treatment consistent with the optimum improvement of
the patient’s condition shall be made available. When a petition is to be filed for
involuntary outpatient placement, it shall be filed by one of the petitioners specified in s.

394.4655(3)(a). A petition for involuntary inpatient placement shall be filed by the facility
administrator.
(3) NOTICE OF RELEASE.—Notice of the release shall be given to the patient’s
guardian or representative, to any person who executed a certificate admitting the
patient to the receiving facility, and to any court which ordered the patient’s evaluation.
708, ch. 95-148; s. 16, ch. 96-169; s. 1, ch. 2003-88; ss. 5, 6, 7, ch. 2004-385; s. 2, ch.
2006-171; s. 19, ch. 2006-197.
394.4655 Involuntary outpatient placement.—
(1) CRITERIA FOR INVOLUNTARY OUTPATIENT PLACEMENT.—A person may be
ordered to involuntary outpatient placement upon a finding of the court that by clear and
convincing evidence:
(a) The person is 18 years of age or older;
(b) The person has a mental illness;
(c) The person is unlikely to survive safely in the community without supervision,
based on a clinical determination;
(d) The person has a history of lack of compliance with treatment for mental illness;
(e) The person has:
1. At least twice within the immediately preceding 36 months been involuntarily
admitted to a receiving or treatment facility as defined in s. 394.455, or has received
mental health services in a forensic or correctional facility. The 36-month period does
not include any period during which the person was admitted or incarcerated; or
2. Engaged in one or more acts of serious violent behavior toward self or others, or
attempts at serious bodily harm to himself or herself or others, within the preceding 36
months;
(f) The person is, as a result of his or her mental illness, unlikely to voluntarily
participate in the recommended treatment plan and either he or she has refused
voluntary placement for treatment after sufficient and conscientious explanation and
disclosure of the purpose of placement for treatment or he or she is unable to determine
for himself or herself whether placement is necessary;
(g) In view of the person’s treatment history and current behavior, the person is in
need of involuntary outpatient placement in order to prevent a relapse or deterioration
that would be likely to result in serious bodily harm to himself or herself or others, or a
substantial harm to his or her well-being as set forth in s. 394.463(1);
(h) It is likely that the person will benefit from involuntary outpatient placement; and
(i) All available, less restrictive alternatives that would offer an opportunity for
improvement of his or her condition have been judged to be inappropriate or
unavailable.
(2) INVOLUNTARY OUTPATIENT PLACEMENT.—
(a)1. A patient who is being recommended for involuntary outpatient placement by the
administrator of the receiving facility where the patient has been examined may be
retained by the facility after adherence to the notice 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
outpatient placement are met. However, in a county having a population of fewer than
50,000, 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 and nervous disorders or by a psychiatric nurse. Any second
opinion authorized in this subparagraph may be conducted through a face-to-face
examination, in person or by electronic means. Such recommendation must be entered
on an involuntary outpatient placement certificate that authorizes the receiving facility to
retain the patient pending completion of a hearing. The certificate shall be made a part
of the patient’s clinical record.
2. If the patient has been stabilized and no longer meets the criteria for involuntary
examination pursuant to s. 394.463(1), the patient must be released from the receiving
facility while awaiting the hearing for involuntary outpatient placement. Before filing a
petition for involuntary outpatient treatment, the administrator of a receiving facility or a
designated department representative must identify the service provider that will have
primary responsibility for service provision under an order for involuntary outpatient
placement, unless the person is otherwise participating in outpatient psychiatric
treatment and is not in need of public financing for that treatment, in which case the
individual, if eligible, may be ordered to involuntary treatment pursuant to the existing
psychiatric treatment relationship.
3. The service provider shall prepare a written proposed treatment plan in consultation
with the patient or the patient’s guardian advocate, if appointed, for the court’s
consideration for inclusion in the involuntary outpatient placement order. The service
provider shall also provide a copy of the proposed treatment plan to the patient and the
administrator of the receiving facility. The treatment plan must specify the nature and
extent of the patient’s mental illness, address the reduction of symptoms that
necessitate involuntary outpatient placement, and include measurable goals and
objectives for the services and treatment that are provided to treat the person’s mental
illness and assist the person in living and functioning in the community or to prevent a
relapse or deterioration. Service providers may select and supervise other individuals to
implement specific aspects of the treatment plan. The services in the treatment plan
must be deemed clinically appropriate by a physician, clinical psychologist, psychiatric
nurse, mental health counselor, marriage and family therapist, or clinical social worker
who consults with, or is employed or contracted by, the service provider. The service
provider must certify to the court in the proposed treatment plan whether sufficient
services for improvement and stabilization are currently available and whether the
service provider agrees to provide those services. If the service provider certifies that
the services in the proposed treatment plan are not available, the petitioner may not file
the petition.
(b) If a patient in involuntary inpatient placement meets the criteria for involuntary
outpatient placement, the administrator of the treatment facility may, before the
expiration of the period during which the treatment facility is authorized to retain the
patient, recommend involuntary outpatient placement. 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 outpatient
placement are met. However, in a county having a population of fewer than 50,000, 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 and nervous disorders or by a psychiatric nurse. Any second opinion authorized
in this subparagraph may be conducted through a face-to-face examination, in person
or by electronic means. Such recommendation must be entered on an involuntary
outpatient placement certificate, and the certificate must be made a part of the patient’s
clinical record.
(c)1. The administrator of the treatment facility shall provide a copy of the involuntary
outpatient placement certificate and a copy of the state mental health discharge form to
a department representative in the county where the patient will be residing. For
persons who are leaving a state mental health treatment facility, the petition for
involuntary outpatient placement must be filed in the county where the patient will be
residing.
2. The service provider that will have primary responsibility for service provision shall
be identified by the designated department representative prior to the order for
involuntary outpatient placement and must, prior to filing a petition for involuntary
outpatient placement, certify to the court whether the services recommended in the
patient’s discharge plan are available in the local community and whether the service
provider agrees to provide those services. The service provider must develop with the
patient, or the patient’s guardian advocate, if appointed, a treatment or service plan that
addresses the needs identified in the discharge plan. The plan must be deemed to be
clinically appropriate by a physician, clinical psychologist, psychiatric nurse, mental
health counselor, marriage and family therapist, or clinical social worker, as defined in
this chapter, who consults with, or is employed or contracted by, the service provider.
3. If the service provider certifies that the services in the proposed treatment or service
plan are not available, the petitioner may not file the petition.
(3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
(a) A petition for involuntary outpatient placement may be filed by:
1. The administrator of a receiving facility; or
2. The administrator of a treatment facility.
(b) Each required criterion for involuntary outpatient placement must be alleged and
substantiated in the petition for involuntary outpatient placement. A copy of the
certificate recommending involuntary outpatient placement completed by a qualified
professional specified in subsection (2) must be attached to the petition. A copy of the
proposed treatment plan must be attached to the petition. Before the petition is filed, the
service provider shall certify that the services in the proposed treatment plan are
available. If the necessary services are not available in the patient’s local community to
respond to the person’s individual needs, the petition may not be filed.
(c) The petition for involuntary outpatient placement must be filed in the county where
the patient is located, unless the patient is being placed from a state treatment facility, in
which case the petition must be filed in the county where the patient will reside. When
the petition has been filed, the clerk of the court shall provide copies of the petition and
the proposed treatment plan to the department, the patient, the patient’s guardian or
representative, the state attorney, and the public defender or the patient’s private
counsel. A fee may not be charged for filing a petition under this subsection.
(4) APPOINTMENT OF COUNSEL.—Within 1 court working day after the filing of a
petition for involuntary outpatient 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 the appointment. The public defender shall represent the person until the
petition is dismissed, the court order expires, or the patient is discharged from
involuntary outpatient placement. An attorney who represents 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. The continuance shall
be for a period of up to 4 weeks.
(6) HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.—
(a)1. The court shall hold the hearing on involuntary outpatient placement within 5
working days after the filing of the petition, unless a continuance is granted. The hearing
shall be held in the county where the petition is filed, shall 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 if 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 petitioner, as the real
party in interest in the proceeding.
2. The court may appoint a master to preside at the hearing. One of the professionals
who executed the involuntary outpatient 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 provide for one. The independent expert’s report shall be
confidential and not discoverable, unless the expert is to be called as a witness for the
patient at the hearing. The court shall allow testimony from individuals, including family
members, deemed by the court to be relevant under state law, regarding the person’s
prior history and how that prior history relates to the person’s current condition. 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)1. If the court concludes that the patient meets the criteria for involuntary outpatient
placement pursuant to subsection (1), the court shall issue an order for involuntary
outpatient placement. The court order shall be for a period of up to 6 months. The order
must specify the nature and extent of the patient’s mental illness. The order of the court
and the treatment plan shall be made part of the patient’s clinical record. The service
provider shall discharge a patient from involuntary outpatient placement when the order
expires or any time the patient no longer meets the criteria for involuntary placement.
Upon discharge, the service provider shall send a certificate of discharge to the court.
2. The court may not order the department or the service provider to provide services
if the program or service is not available in the patient’s local community, if there is no
space available in the program or service for the patient, or if funding is not available for
the program or service. A copy of the order must be sent to the Agency for Health Care
Administration by the service provider within 1 working day after it is received from the
court. After the placement order is issued, the service provider and the patient may
modify provisions of the treatment plan. For any material modification of the treatment
plan to which the patient or the patient’s guardian advocate, if appointed, does agree,
the service provider shall send notice of the modification to the court. Any material
modifications of the treatment plan which are contested by the patient or the patient’s
guardian advocate, if appointed, must be approved or disapproved by the court
consistent with subsection (2).
3. If, in the clinical judgment of a physician, the patient has failed or has refused to
comply with the treatment ordered by the court, and, in the clinical judgment of the
physician, efforts were made to solicit compliance and the patient may meet the criteria
for involuntary examination, a person may be brought to a receiving facility pursuant to
s. 394.463. If, after examination, the patient does not meet the criteria for involuntary
inpatient placement pursuant to s. 394.467, the patient must be discharged from the
receiving facility. The involuntary outpatient placement order shall remain in effect
unless the service provider determines that the patient no longer meets the criteria for
involuntary outpatient placement or until the order expires. The service provider must
determine whether modifications should be made to the existing treatment plan and
must attempt to continue to engage the patient in treatment. For any material
modification of the treatment plan to which the patient or the patient’s guardian
advocate, if appointed, does agree, the service provider shall send notice of the
modification to the court. Any material modifications of the treatment plan which are
contested by the patient or the patient’s guardian advocate, if appointed, must be
approved or disapproved by the court consistent with subsection (2).
(c) If, at any time before the conclusion of the initial hearing on involuntary outpatient
placement, it appears to the court that the person does not meet the criteria for
involuntary outpatient placement under this section but, instead, meets the criteria for
involuntary inpatient placement, the court may order the person admitted for involuntary
inpatient examination under s. 394.463. If the person instead meets the criteria for
involuntary assessment, protective custody, or involuntary admission pursuant to s.
397.675, 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 shall be governed
by chapter 397.
(d) At the hearing on involuntary outpatient 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. The guardian advocate shall be

appointed or discharged in accordance with s. 394.4598.
(e) The administrator of the receiving facility or the designated department
representative shall provide a copy of the court order and adequate documentation of a
patient’s mental illness to the service provider for involuntary outpatient placement.
Such 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
clinical psychologist or a clinical social worker.
(7) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT PLACEMENT.—
(a)1. If the person continues to meet the criteria for involuntary outpatient placement,
the service provider shall, before the expiration of the period during which the treatment
is ordered for the person, file in the circuit court a petition for continued involuntary
outpatient placement.
2. The existing involuntary outpatient placement order remains in effect until
disposition on the petition for continued involuntary outpatient placement.
3. A certificate shall be attached to the petition which includes a statement from the
person’s physician 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.
4. The service provider shall develop the individualized plan of continued treatment in
consultation with the patient or the patient’s guardian advocate, if appointed. When the
petition has been filed, the clerk of the court shall provide copies of the certificate and
the individualized plan of continued treatment to the department, the patient, the
patient’s guardian advocate, the state attorney, and the patient’s private counsel or the
public defender.
(b) Within 1 court working day after the filing of a petition for continued involuntary
outpatient 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. The public defender shall represent the person until the petition is
dismissed or the court order expires or the patient is discharged from involuntary
outpatient placement. 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.
(c) Hearings on petitions for continued involuntary outpatient placement shall be
before the circuit court. The court may appoint a master to preside at the hearing. The
procedures for obtaining an order pursuant to this paragraph shall be in accordance
with subsection (6), except that the time period included in paragraph (1)(e) is not
applicable in determining the appropriateness of additional periods of involuntary
outpatient placement.
(d) Notice of the hearing shall be provided as set forth in s. 394.4599. The patient and
the patient’s attorney may agree to a period of continued outpatient placement without a
court hearing.
(e) The same procedure shall be repeated before the expiration of each additional
period the patient is placed in treatment.
(f) If the patient has previously been found incompetent to consent to treatment, the
court shall consider testimony and evidence regarding the patient’s competence.
Section 394.4598 governs the discharge of the guardian advocate if the patient’s
competency to consent to treatment has been restored.
History.—s. 8, ch. 2004-385; s. 3, ch. 2006-171; s. 4, ch. 2009-38.
394.467 Involuntary inpatient placement.—
(1) CRITERIA.—A person may be placed in involuntary inpatient placement for
treatment upon a finding of the court by clear and convincing evidence that:
(a) He or she is mentally ill and because of his or her mental illness:
1.a. He or she has refused voluntary placement for treatment after sufficient and
conscientious explanation and disclosure of the purpose of placement for treatment; or
b. He or she is unable to determine for himself or herself whether placement is
necessary; and
2.a. He or she is manifestly 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 himself or herself or another person, as evidenced by recent behavior
causing, attempting, or threatening such harm; and
(b) All available less restrictive treatment alternatives which 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
receiving facility or involuntarily placed in a treatment facility upon the recommendation
of the administrator of the receiving 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, in a county that has a population of fewer than
50,000, 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 and nervous disorders or by a psychiatric nurse. Any second
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 an involuntary inpatient placement certificate that authorizes the receiving 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.
No fee shall 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. The continuance shall
be for a period of up to 4 weeks.
(6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
(a)1. The court shall hold the hearing on involuntary inpatient placement within 5 days,
unless a continuance is granted. The hearing shall be held in the county where the
patient is located and shall be as convenient to the patient as may be 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.
2. The court may appoint a general or special magistrate to preside at the hearing.
One of the professionals who executed the 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 provide for one. The independent
expert’s report shall be 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 shall 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 receiving or treatment facility, or that the patient receive services from
a receiving or treatment facility, on an involuntary basis, for a period of up to 6 months.
The order shall specify the nature and extent of the patient’s mental illness. 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 prior to 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 placement, the court may order the person evaluated for
involuntary outpatient placement 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 shall be
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 receiving 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 whenever a patient is ordered for involuntary inpatient placement,
whether by civil or criminal court. The documentation shall include any advance
directives made by the patient, a psychiatric evaluation of the patient, and any
evaluations of the patient performed by 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 at the
same time by adequate orders and documentation.
(7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT PLACEMENT.—
(a) Hearings on petitions for continued involuntary inpatient placement shall be
administrative hearings and shall be conducted in accordance with the provisions of s.
120.57(1), except that any order entered by the administrative law judge shall be 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 shall be governed
by the provisions of s. 916.15.
(b) If the patient continues to meet the criteria for involuntary inpatient placement, the
administrator shall, prior to the expiration of the period during which the treatment
facility is authorized to retain the patient, file a petition requesting authorization for
continued involuntary inpatient placement. The request shall be accompanied by a
statement from the patient’s physician 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 shall be
provided as set forth in s. 394.4599. 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 a period not to exceed 6 months. The
same procedure shall be repeated prior to 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 whose sentence is about to expire, or for a
patient involuntarily placed while a minor 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.
(8) RETURN OF PATIENTS.—When a patient at a treatment facility leaves the facility
without authorization, the administrator may authorize a search for the patient and the
return of the patient to the facility. The administrator may request the assistance of a law
enforcement agency in the search for and return of the patient.
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.
394.46715 Rulemaking authority.—The Department of Children and Family Services
shall have rulemaking authority to implement the provisions of ss. 394.455, 394.4598,
394.4615, 394.463, 394.4655, and 394.467 as amended or created by this act. These
rules shall be for the purpose of protecting the health, safety, and well-being of persons
examined, treated, or placed under this act.
History.—s. 10, ch. 2004-385.
394.4672 Procedure for placement of veteran with federal agency.—
(1) Whenever it is determined by the court that a person meets the criteria for
involuntary placement and it appears that such person is eligible for care or treatment
by the United States Department of Veterans Affairs or other agency of the United
States Government, the court, upon receipt of a certificate from the United States
Department of Veterans Affairs or such other agency showing that facilities are available
and that the person is eligible for care or treatment therein, may place that person with
the United States Department of Veterans Affairs or other federal agency. The person
whose placement is sought shall be personally served with notice of the pending
placement proceeding in the manner as provided in this part, and nothing in this section
shall affect his or her right to appear and be heard in the proceeding. Upon placement,
the person shall be subject to the rules and regulations of the United States Department
of Veterans Affairs or other federal agency.
(2) The judgment or order of placement by a court of competent jurisdiction of another
state or of the District of Columbia, placing a person with the United States Department
of Veterans Affairs or other federal agency for care or treatment, shall have the same
force and effect in this state as in the jurisdiction of the court entering the judgment or
making the order; and the courts of the placing state or of the District of Columbia shall
be deemed to have retained jurisdiction of the person so placed. Consent is hereby
given to the application of the law of the placing state or district with respect to the
authority of the chief officer of any facility of the United States Department of Veterans
Affairs or other federal agency operated in this state to retain custody or to transfer,
parole, or discharge the person.
(3) Upon receipt of a certificate of the United States Department of Veterans Affairs or
such other federal agency that facilities are available for the care or treatment of
mentally ill persons and that the person is eligible for care or treatment, the
administrator of the receiving or treatment facility may cause the transfer of that person
to the United States Department of Veterans Affairs or other federal agency. Upon
effecting such transfer, the committing court shall be notified by the transferring agency.
No person shall be transferred to the United States Department of Veterans Affairs or
other federal agency if he or she is confined pursuant to the conviction of any felony or
misdemeanor or if he or she has been acquitted of the charge solely on the ground of
insanity, unless prior to transfer the court placing such person enters an order for the
transfer after appropriate motion and hearing and without objection by the United States
Department of Veterans Affairs.
(4) Any person transferred as provided in this section shall be deemed to be placed
with the United States Department of Veterans Affairs or other federal agency pursuant
to the original placement.
History.—s. 15, ch. 14579, 1929; CGL 1936 Supp. 2146(16); s. 1, ch. 21795, 1943; s.
4, ch. 84-62; s. 18, ch. 93-268; s. 711, ch. 95-148; s. 19, ch. 96-169.
Note.—Former s. 293.16.
394.4674 Plan and report.—
(1) The department is directed to develop a comprehensive plan for the
deinstitutionalization of patients in a treatment facility who are over age 55 and do not
meet the criteria for involuntary placement pursuant to s. 394.467. The plan shall
include, but need not be limited to, the projected numbers of patients, the timetables for
deinstitutionalization, and the specific actions to be taken to accomplish the
deinstitutionalization.
(2) The department shall prepare and submit a semiannual report to the Legislature,
until the conditions specified in subsection (1) are met, which shall include, but not be
limited to:
(a) The status of compliance with the deinstitutionalization plan;
(b) The specific efforts to stimulate alternative living and support resources outside the
hospitals and all documentation of the success of these efforts;
(c) The specific efforts to facilitate the development and retention of daily living skills
identified by the department as being necessary for living outside an institution and any
evidence of the success of these efforts;
(d) The specific plans for new efforts to accomplish the deinstitutionalization of
patients in this age group; and
(e) Any evidence of involvement between the Mental Health Program Office and other
program offices within the department and between the department and other state and
private agencies and individuals to accomplish the deinstitutionalization of patients in
this age group.
ch. 2000-139.
394.468 Admission and discharge procedures.—Admission and discharge
procedures and treatment policies of the department are governed solely by this part.
Such procedures and policies shall not be subject to control by court procedure rules.
The matters within the purview of this part are deemed to be substantive, not
procedural.
History.—s. 9, ch. 77-312; s. 21, ch. 96-169.
394.4685 Transfer of patients among facilities.—
(1) TRANSFER BETWEEN PUBLIC FACILITIES.—
(a) A patient who has been admitted to a public receiving facility, or the family
member, guardian, or guardian advocate of such patient, may request the transfer of the
patient to another public receiving facility. A patient who has been admitted to a public
treatment facility, or the family member, guardian, or guardian advocate of such patient,
may request the transfer of the patient to another public treatment facility. Depending on
the medical treatment or mental health treatment needs of the patient and the
availability of appropriate facility resources, the patient may be transferred at the
discretion of the department. If the department approves the transfer of an involuntary
patient, notice according to the provisions of s. 394.4599 shall be given prior to the
transfer by the transferring facility. The department shall respond to the request for
transfer within 2 working days after receipt of the request by the facility administrator.
(b) When required by the medical treatment or mental health treatment needs of the
patient or the efficient utilization of a public receiving or public treatment facility, a
patient may be transferred from one receiving facility to another, or one treatment facility
to another, at the department’s discretion, or, with the express and informed consent of
the patient or the patient’s guardian or guardian advocate, to a facility in another state.
Notice according to the provisions of s. 394.4599 shall be given prior to the transfer by
the transferring facility. If prior notice is not possible, notice of the transfer shall be
provided as soon as practicable after the transfer.
(2) TRANSFER FROM PUBLIC TO PRIVATE FACILITIES.—A patient who has been
admitted to a public receiving or public treatment facility and has requested, either
personally or through his or her guardian or guardian advocate, and is able to pay for
treatment in a private facility shall be transferred at the patient’s expense to a private
facility upon acceptance of the patient by the private facility.
(3) TRANSFER FROM PRIVATE TO PUBLIC FACILITIES.—
(a) A patient or the patient’s guardian or guardian advocate may request the transfer
of the patient from a private to a public facility, and the patient may be so transferred
upon acceptance of the patient by the public facility.
(b) A private facility may request the transfer of a patient from the facility to a public
facility, and the patient may be so transferred upon acceptance of the patient by the
public facility. The cost of such transfer shall be the responsibility of the transferring
facility.
(c) A public facility must respond to a request for the transfer of a patient within 2
working days after receipt of the request.
(4) TRANSFER BETWEEN PRIVATE FACILITIES.—A patient in a private facility or
the patient’s guardian or guardian advocate may request the transfer of the patient to
another private facility at any time, and the patient shall be transferred upon acceptance
of the patient by the facility to which transfer is sought.
History.—s. 22, ch. 96-169.
394.469 Discharge of involuntary patients.—
(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 case
the patient shall be transferred to the custody of the appropriate law enforcement
officer;
(b) Transfer the patient to voluntary status on his or her own authority or at the
patient’s request, unless the patient is under criminal charge or adjudicated
incapacitated; or
(c) Place an improved patient, except a patient under a criminal charge, on
convalescent status in the care of a community facility.
(2) NOTICE.—Notice of discharge or transfer of a patient shall be given as provided in
s. 394.4599.
712, ch. 95-148; s. 23, ch. 96-169.
394.473 Attorney’s fee; expert witness fee.—
(1) In the case of an indigent person for whom an attorney is appointed pursuant to
the provisions of this part, the attorney shall be compensated by the state pursuant to s.
27.5304. In the case of an indigent person, the court may appoint a public defender.
The public defender shall receive no additional compensation other than that usually
paid his or her office.
(2) In the case of an indigent person for whom expert testimony is required in a court
hearing pursuant to the provisions of this act, the expert, except one who is classified as
a full-time employee of the state or who is receiving remuneration from the state for his
or her time in attendance at the hearing, shall be compensated by the state pursuant to
s. 27.5304.
ch. 82-176; s. 14, ch. 82-212; s. 713, ch. 95-148; s. 107, ch. 2003-402; s. 70, ch.
2004-265.
394.475 Acceptance, examination, and involuntary placement of Florida
residents from out-of-state mental health authorities.—
(1) Upon the request of the state mental health authority of another state, the
department is authorized to accept as a patient, for a period of not more than 15 days, a
person who is and has been a bona fide resident of this state for a period of not less
than 1 year.
(2) Any person received pursuant to subsection (1) shall be examined by the staff of
the state facility where such patient has been accepted, which examination shall be
completed during the 15-day period.
(3) If upon examination such a person requires continued involuntary placement, a
petition for a hearing regarding involuntary placement shall be filed with the court of the
county wherein the treatment facility receiving the patient is located or the county where
the patient is a resident.
(4) During the pendency of the examination period and the pendency of the
involuntary placement proceedings, such person may continue to be held in the
treatment facility unless the court having jurisdiction enters an order to the contrary.
15, ch. 82-212; s. 24, ch. 96-169.
394.4781 Residential care for psychotic and emotionally disturbed children.—
(1) DEFINITIONS.—As used in this section:
(a) “Psychotic or severely emotionally disturbed child” means a child so diagnosed by
a psychiatrist or clinical psychologist who has specialty training and experience with
children. Such a severely emotionally disturbed child or psychotic child shall be
considered by this diagnosis to benefit by and require residential care as contemplated
by this section.
(b) “Department” means the Department of Children and Family Services.
(2) FUNDING OF PROGRAM.—The department shall provide for the purposes of this
section such amount as shall be set forth in the annual appropriations act as payment
for part of the costs of residential care for psychotic or severely emotionally disturbed
children.
(3) ADMINISTRATION OF THE PROGRAM.—
(a) The department shall provide the necessary application forms and office personnel
to administer the purchase-of-service program.
(b) The department shall review such applications monthly and, in accordance with
available funds, the severity of the problems of the child, the availability of the needed
residential care, and the financial means of the family involved, approve or disapprove
each application. If an application is approved, the department shall contract for or
purchase the services of an appropriate residential facility in such amounts as are

determined by the annual appropriations act.
(c) The department is authorized to promulgate such rules as are necessary for the full
and complete implementation of the provisions of this section.
(d) The department shall purchase services only from those facilities which are in
compliance with standards promulgated by the department.
(4) RULE ADOPTION.—The department may adopt rules to carry out this section,
including rules concerning review and approval of applications for placement, cost
sharing, and client eligibility for placement, and rules to ensure that facilities from which
the department purchases or contracts for services under this section provide:
(a) Minimum standards for client care and treatment practices, including ensuring that
sufficient numbers and types of qualified personnel are on duty and available at all
times to provide necessary and adequate client safety, care, and security.
(b) Minimum standards for client intake and admission, eligibility criteria, discharge
planning, assessment, treatment planning, continuity of care, treatment modalities,
service array, medical services, physical health services, client rights, maintenance of
client records, and management of the treatment environment, including standards for
the use of seclusion, restraints, and time-out.
(c) Minimum standards for facility operation and administration, fiscal accountability,
personnel policies and procedures, and staff education, qualifications, experience, and
training.
(d) Minimum standards for adequate infection control, housekeeping sanitation,
disaster planning, firesafety, construction standards, and emergency services.
(e) Minimum standards for the establishment, organization, and operation of the
licensed facility in accordance with program standards of the department.
(f) Licensing requirements.
History.—ss. 1, 2, 3, ch. 77-287; s. 156, ch. 79-400; s. 16, ch. 82-212; s. 3, ch. 98-152;
s. 99, ch. 99-8.
394.4784 Minors; access to outpatient crisis intervention services and
treatment.—For the purposes of this section, the disability of nonage is removed for
any minor age 13 years or older to access services under the following circumstances:
(1) OUTPATIENT DIAGNOSTIC AND EVALUATION SERVICES.—When any minor
age 13 years or older experiences an emotional crisis to such degree that he or she
perceives the need for professional assistance, he or she shall have the right to request,
consent to, and receive mental health diagnostic and evaluative services provided by a
licensed mental health professional, as defined by Florida Statutes, or in a mental
health facility licensed by the state. The purpose of such services shall be to determine
the severity of the problem and the potential for harm to the person or others if further
professional services are not provided. Outpatient diagnostic and evaluative services
shall not include medication and other somatic methods, aversive stimuli, or substantial
deprivation. Such services shall not exceed two visits during any 1-week period in
response to a crisis situation before parental consent is required for further services,
and may include parental participation when determined to be appropriate by the mental
health professional or facility.
(2) OUTPATIENT CRISIS INTERVENTION, THERAPY AND COUNSELING
SERVICES.—When any minor age 13 years or older experiences an emotional crisis to
such degree that he or she perceives the need for professional assistance, he or she
shall have the right to request, consent to, and receive outpatient crisis intervention
services including individual psychotherapy, group therapy, counseling, or other forms of
verbal therapy provided by a licensed mental health professional, as defined by Florida
Statutes, or in a mental health facility licensed by the state. Such services shall not
include medication and other somatic treatments, aversive stimuli, or substantial
deprivation. Such services shall not exceed two visits during any 1-week period in
response to a crisis situation before parental consent is required for further services,
and may include parental participation when determined to be appropriate by the mental
health professional or facility.
(3) LIABILITY FOR PAYMENT.—The parent, parents, or legal guardian of a minor
shall not be liable for payment for any such outpatient diagnostic and evaluation
services or outpatient therapy and counseling services, as provided in this section,
unless such parent, parents, or legal guardian participates in the outpatient diagnostic
and evaluation services or outpatient therapy and counseling services and then only for
the services rendered with such participation.
(4) PROVISION OF SERVICES.—No licensed mental health professional shall be
obligated to provide services to minors accorded the right to receive services under this
section. Provision of such services shall be on a voluntary basis.
History.—s. 2, ch. 91-170; s. 716, ch. 95-148.

394.4785 Children and adolescents; admission and placement in mental
facilities.—
(1) A child or adolescent as defined in s. 394.492 may not be admitted to a state-
owned or state-operated mental health treatment facility. A child may be admitted
pursuant to s. 394.4625 or s. 394.467 to a crisis stabilization unit or a residential
treatment center licensed under this chapter or a hospital licensed under chapter 395.
The treatment center, unit, or hospital must provide the least restrictive available
treatment that is appropriate to the individual needs of the child or adolescent and must
adhere to the guiding principles, system of care, and service planning provisions
contained in part III of this chapter.
(2) A person under the age of 14 who is admitted to any hospital licensed pursuant to
chapter 395 may not be admitted to a bed in a room or ward with an adult patient in a
mental health unit or share common areas with an adult patient in a mental health unit.
However, a person 14 years of age or older may be admitted to a bed in a room or ward
in the mental health unit with an adult if the admitting physician documents in the case
record that such placement is medically indicated or for reasons of safety. Such
placement shall be reviewed by the attending physician or a designee or on-call
physician each day and documented in the case record.
History.—ss. 1, 2, ch. 82-212; s. 1, ch. 85-254; s. 1, ch. 87-209; s. 2, ch. 2000-265; s.
152, ch. 2000-349.
394.4786 Intent.—
(1) The Legislature intends that all hospitals, excluding hospitals owned and operated
by the department or the Department of Corrections, be assessed on a continuing basis
an amount equal to 1.5 percent of the hospital’s annual net operating revenues and that
the assessments be deposited into the Public Medical Assistance Trust Fund.
(2) Further, the Legislature intends that a specialty psychiatric hospital that provides
health care to specified indigent patients be eligible for reimbursement up to the amount
that hospital contributed to the Public Medical Assistance Trust Fund in the previous
fiscal year.
History.—s. 1, ch. 89-355; s. 25, ch. 96-169.
394.47865 South Florida State Hospital; privatization.—
(1) The Department of Children and Family Services shall, through a request for
proposals, privatize South Florida State Hospital. The department shall plan to begin
implementation of this privatization initiative by July 1, 1998.
(a) Notwithstanding s. 287.057(13), the department may enter into agreements, not to
exceed 20 years, with a private provider, a coalition of providers, or another agency to
finance, design, and construct a treatment facility having up to 350 beds and to operate
all aspects of daily operations within the facility. The department may subcontract any or
all components of this procurement to a statutorily established state governmental entity
that has successfully contracted with private companies for designing, financing,
acquiring, leasing, constructing, and operating major privatized state facilities.
(b) The selected contractor is authorized to sponsor the issuance of tax-exempt
bonds, certificates of participation, or other securities to finance the project, and the
state is authorized to enter into a lease-purchase agreement for the treatment facility.
(2) The contractor shall operate South Florida State Hospital as a mental health
treatment facility that serves voluntarily and involuntarily committed indigent adults who
meet the criteria of part I of this chapter and who reside in the South Florida State
Hospital service area.
(a) South Florida State Hospital shall remain a participant in the mental health
disproportionate share program so long as the residents receive eligible services.
(b) The department and the contractor shall ensure that the treatment facility is
operated as a part of a total continuum of care for persons who are mentally ill. The
contractor shall have as its primary goal for the treatment facility to effectively treat and
assist residents to return to the community as quickly as possible.
(3)(a) Current South Florida State Hospital employees who are affected by the
privatization shall be given first preference for continued employment by the contractor.
The department shall make reasonable efforts to find suitable job placements for
employees who wish to remain within the state Career Service System.
(b) Any savings that result from the privatization of South Florida State Hospital shall
be directed to the department’s service districts 9, 10, and 11 for the delivery of
community mental health services.
History.—s. 14, ch. 97-260; s. 14, ch. 2001-278; s. 35, ch. 2002-207; s. 30, ch.
2010-151.
394.4787 Definitions; ss. 394.4786, 394.4787, 394.4788, and 394.4789.—As used in

this section and ss. 394.4786, 394.4788, and 394.4789:
(1) “Acute mental health services” means mental health services provided through
inpatient hospitalization.
(2) “Agency” means the Agency for Health Care Administration.
(3) “Charity care” means that portion of hospital charges for care provided to a patient
whose family income for the 12 months preceding the determination is equal to or below
150 percent of the current federal nonfarm poverty guideline or the amount of hospital
charges due from the patient which exceeds 25 percent of the annual family income and
for which there is no compensation. Charity care shall not include administrative or
courtesy discounts, contractual allowances to third party payors, or failure of a hospital
to collect full charges due to partial payment by governmental programs.
(4) “Indigent” means an individual whose financial status would qualify him or her for
charity care.
(5) “Operating expense” means all common and accepted costs appropriate in
developing and maintaining the operating of the patient care facility and its activities.
(6) “PMATF” means the Public Medical Assistance Trust Fund.
(7) “Specialty psychiatric hospital” means a hospital licensed by the agency pursuant
to s. 395.002(28) and part II of chapter 408 as a specialty psychiatric hospital.
ch. 92-33; ss. 70, 98, ch. 92-289; s. 717, ch. 95-148; s. 26, ch. 96-169; s. 32, ch. 98-89;
s. 25, ch. 98-171; s. 205, ch. 99-13; s. 25, ch. 2007-230.
394.4788 Use of certain PMATF funds for the purchase of acute care mental
health services.—
(1) A hospital may be eligible to be reimbursed an amount no greater than the
hospital’s previous year contribution to the PMATF for acute mental health services
provided to indigent mentally ill persons who have been determined by the agency or its
agent to require such treatment and who:
(a) Do not meet Medicaid eligibility criteria, unless the agency makes a referral for a
Medicaid eligible patient pursuant to s. 394.4789;
(b) Meet the criteria for mental illness under this part; and
(c) Meet the definition of charity care.
(2) The agency shall annually calculate a per diem reimbursement rate for each
specialty psychiatric hospital to be paid to the specialty psychiatric hospitals for the
provision of acute mental health services provided to indigent mentally ill patients who
meet the criteria in subsection (1). After the first rate period, providers shall be notified
of new reimbursement rates for each new state fiscal year by June 1. The new
reimbursement rates shall commence July 1.
(3) Reimbursement rates shall be calculated using the most recent audited actual
costs received by the agency. Cost data received each April 15 shall be used in the
calculation of the rates. Historic costs shall be inflated from the midpoint of a hospital’s
fiscal year to the midpoint of the state fiscal year. The inflation adjustment shall be made
utilizing the latest available projections as of March 31 for the Data Resources
Incorporated National and Regional Hospital Input Price Indices as calculated by the
Medicaid program office.
(4) Reimbursement shall be based on compensating a specialty psychiatric hospital at
a per diem rate equal to its operating costs per inpatient day.
(5) A hospital shall not be entitled to receive more in any one fiscal year than that
hospital contributed to the PMATF during the previous fiscal year.
(6) Hospitals that agree to participate in the program set forth in this section and ss.
394.4786, 394.4787, and 394.4789 shall agree that payment from the PMATF is
payment in full for all patients for which reimbursement is received under this section
and ss. 394.4786, 394.4787, and 394.4789, until the funds for this program are no
longer available.
(7) The agency shall develop a payment system to reimburse specialty psychiatric
hospitals quarterly as set forth in this part.
ch. 98-89.
394.4789 Establishment of referral process and eligibility determination.—
(1) The department shall adopt by rule a referral process which shall provide each
participating specialty psychiatric hospital with a system for accepting into the hospital’s
care indigent mentally ill persons referred by the department. It is the intent of the
Legislature that a hospital which seeks payment under s. 394.4788 shall accept
referrals from the department. However, a hospital shall have the right to refuse the
admission of a patient due to lack of functional bed space or lack of services
appropriate to a patient’s specific treatment and no hospital shall be required to accept

referrals if the costs for treating the referred patient are no longer reimbursable because
the hospital has reached the level of contribution made to the PMATF in the previous
fiscal year. Furthermore, a hospital that does not seek compensation for indigent
mentally ill patients under the provisions of this act shall not be obliged to accept
department referrals, notwithstanding any agreements it may have entered into with the
department. The right of refusal in this subsection shall not affect a hospital’s
requirement to provide emergency care pursuant to s. 395.1041 or other statutory
requirements related to the provision of emergency care.
(2) The department shall adopt by rule a patient eligibility form and shall be
responsible for eligibility determination. However, the department may contract with
participating psychiatric hospitals for eligibility determination. The eligibility form shall
provide the mechanism for determining a patient’s eligibility according to the
requirements of s. 394.4788(1).
(a) A specialty psychiatric hospital shall be eligible for reimbursement only when an
eligibility form has been completed for each indigent mentally ill person for whom
reimbursement is sought.
(b) As part of eligibility determination, every effort shall be made by the hospital to
determine if any third party insurance coverage is available.
History.—s. 4, ch. 89-355; s. 71, ch. 92-289.
394.47891 Military veterans and servicemembers court programs.—The chief
judge of each judicial circuit may establish a Military Veterans and Servicemembers
Court Program under which veterans, as defined in s. 1.01, and servicemembers, as
defined in s. 250.01, who are convicted of a criminal offense and who suffer from a
military-related mental illness, traumatic brain injury, substance abuse disorder, or
psychological problem can be sentenced in accordance with chapter 921 in a manner
that appropriately addresses the severity of the mental illness, traumatic brain injury,
substance abuse disorder, or psychological problem through services tailored to the
individual needs of the participant. Entry into any Military Veterans and Servicemembers
Court Program must be based upon the sentencing court’s assessment of the
defendant’s criminal history, military service, substance abuse treatment needs, mental
health treatment needs, amenability to the services of the program, the
recommendation of the state attorney and the victim, if any, and the defendant’s
agreement to enter the program.
History.—s. 17, ch. 2012-159.

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From: http://www.leg.state.fl.us/Statutes/index.cfm?

**All text in italics is emphasis placed by the course faculty or staff**

(1) “Administrator” means the chief administrative officer of a receiving or treatment

(11) “Guardian” means the natural guardian of a minor, or a person appointed by a

(19) “Mobile crisis response service” means a nonresidential crisis service attached to

394.457 Operation and administration.—

(a) The planning, evaluation, and implementation of a complete and comprehensive

394.4572 Screening of mental health personnel.—

394.4573 Continuity of care management system; measures of performance;

(d) “Continuity of care management system” means a system that assures, within

394.4574 Department responsibilities for a mental health resident who resides in

394.458 Introduction or removal of certain articles unlawful; penalty.—

request of the patient or the patient’s guardian, guardian advocate, or representative.

(c) The administrator of any receiving or treatment facility receiving a petition under

394.4593 Sexual misconduct prohibited; reporting required; penalties.—

394.4595 Florida statewide and local advocacy councils; access to patients and

394.4597 Persons to be notified; patient’s representative.—

6. The appropriate Florida local advocacy council as provided in s. 402.166.

(1) VOLUNTARY PATIENTS.—Notice of a voluntary patient’s admission shall only be

394.460 Rights of professionals.—No professional referred to in this part shall be

394.461 Designation of receiving and treatment facilities.—The department is

(3) PRIVATE FACILITIES.—Private facilities designated as receiving and treatment

394.4612 Integrated adult mental health crisis stabilization and addictions

History.—s. 1, ch. 2009-44.

c. From a financial settlement for medical care, treatment, hospitalization, or

(b) Any company that transports a patient pursuant to this subsection is considered an

(1) CRITERIA.—A person may be taken to a receiving facility for involuntary

qualified to perform an involuntary examination and is found as a result of that

involuntary outpatient placement, it shall be filed by one of the petitioners specified in s.

guardian advocate as provided in s. 394.4598. The guardian advocate shall be

(1) POWER TO DISCHARGE.—At any time a patient is found to no longer meet the

purchase the services of an appropriate residential facility in such amounts as are

History.—s. 2, ch. 91-170; s. 716, ch. 95-148.

394.4787 Definitions; ss. 394.4786, 394.4787, 394.4788, and 394.4789.—As used in

appropriate to a patient’s specific treatment and no hospital shall be required to accept

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All text in italics is emphasis placed by the course faculty or staff