Florida Statute 394.453 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.453

394.453 Legislative intent.—

(1) It is the intent of the Legislature:

(a) To authorize and direct the Department of Children and Families 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.

(b) That treatment programs for such disorders 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:

1. Such persons be provided with emergency service and temporary detention for evaluation when required;

2. Such persons be admitted to treatment facilities on a voluntary basis when extended or continuing care is needed and unavailable in the community;

3. Involuntary placement be provided only when expert evaluation determines it is necessary;

4. Any involuntary treatment or examination be accomplished in a setting that is clinically appropriate and most likely to facilitate the person’s return to the community as soon as possible; and

5. 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.

(c) That services provided to persons in this state use the coordination-of-care principles characteristic of recovery-oriented services and include social support services, such as housing support, life skills and vocational training, and employment assistance, necessary for persons with mental health disorders and co-occurring mental health and substance use disorders to live successfully in their communities.

(d) That licensed, qualified health professionals be authorized to practice to the fullest extent of their education and training in the performance of professional functions necessary to carry out the intent of this part.

(2) 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.

(3) The Legislature further finds the need for additional psychiatrists to be of critical state concern and recommends the establishment of an additional psychiatry program to be offered by one of Florida’s schools of medicine currently not offering psychiatry. The program shall seek to integrate primary care and psychiatry and other evolving models of care for persons with mental health and substance use disorders. Additionally, the Legislature finds that the use of telemedicine for patient evaluation, case management, and ongoing care will improve management of patient care and reduce costs of transportation.

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; s. 77, ch. 2014-19; s. 1, ch. 2016-231; s. 4, ch. 2016-241.

F.S. 394.453 on Google Scholar

F.S. 394.453 on Casetext

Amendments to 394.453

Arrestable Offenses / Crimes under Fla. Stat. 394.453

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.453.

Annotations, Discussions, Cases:

Cases Citing Statute 394.453

Total Results: 20

Doe v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-09-28

Citation: 210 So. 3d 154

Snippet: mental health care, services, and treatment. § 394.453(l)(a), (b). As part of the process, individuals

Lukehart v. State

Court: Supreme Court of Florida | Date Filed: 2011-06-23

Citation: 70 So. 3d 503, 2011 WL 2472801

Snippet: 497 So.2d 1169 (Fla.1986). A review of section 394.453, Florida Statutes (1995), reveals that the legislature

W.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-10-10

Citation: 992 So. 2d 383, 2008 Fla. App. LEXIS 15416

Snippet: based on the individual needs of each person.” § 394.453, Fla. Stat. Where a person is committed to short-term

WM v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-10-10

Citation: 992 So. 2d 383, 2008 WL 4525772

Snippet: based on the individual needs of each person." § 394.453, Fla. Stat. Where a person is committed to short-term

Sanchez v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-01-03

Citation: 949 So. 2d 1059, 2007 Fla. App. LEXIS 51, 2007 WL 5784

Snippet: potentially harmful to themselves or others, see § 394.453, Fla. Stat. (1986)("It is intended that ... any

State v. Roberson

Court: District Court of Appeal of Florida | Date Filed: 2004-09-17

Citation: 884 So. 2d 976, 2004 WL 2071196

Snippet: mental, emotional and behavioral disorders. See § 394.453, Fla. Stat. (2003). The clinical records associated

Westerheide v. State

Court: Supreme Court of Florida | Date Filed: 2002-10-17

Citation: 831 So. 2d 93, 2002 WL 31319386

Snippet: the community as soon as possible." See id. § 394.453. We conclude that the specialized treatment needs

Ago

Court: Florida Attorney General Reports | Date Filed: 2001-10-17

Snippet: Stat., provides the title for the act. 2 See, s. 394.453, Fla. Stat. 3 Section 394.455(26), Fla. Stat. 4

Ago

Court: Florida Attorney General Reports | Date Filed: 1999-11-09

Snippet: emotional, and behavioral disorders.4 Section 394.453, Florida Statutes, directs the Department of Children

Ago

Court: Florida Attorney General Reports | Date Filed: 1993-08-02

Snippet: sources for reimbursement are not available. Section 394.453, F.S., directs the Department of Health and Rehabilitative

Tribune Co. v. DML

Court: District Court of Appeal of Florida | Date Filed: 1990-08-29

Citation: 566 So. 2d 1333, 1990 WL 126201

Snippet: substantial injury to D.M.L. See Barron. Section 394.453(1)(a), Florida Statutes (1987), provides in part

McCall v. DEPT. OF HEALTH & REHAB. SERV.

Court: District Court of Appeal of Florida | Date Filed: 1988-11-23

Citation: 536 So. 2d 1098, 1988 WL 124700

Snippet: caring for patients, in accordance with section 394.453, Florida Statutes, and that its decisions with

Paddock v. Chacko

Court: District Court of Appeal of Florida | Date Filed: 1988-02-18

Citation: 522 So. 2d 410, 1988 WL 10830

Snippet: in the provision of mental health care. See § 394.453(1)(a), Fla. Stat. (1985). [7] "Incidit in Scyllam

Madden v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-10-24

Citation: 463 So. 2d 270, 9 Fla. L. Weekly 2246, 1984 Fla. App. LEXIS 15605

Snippet: order; (2) the trial court, contrary to sections 394.453(1) and 394.467(l)(b)(5), Florida Statutes (1983)

C.N. v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-06-28

Citation: 433 So. 2d 661, 1983 Fla. App. LEXIS 19767

Snippet: also finds at the same time that under Section 394.453 the less restrictive means of outpatient care will

CN v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-06-28

Citation: 433 So. 2d 661

Snippet: also finds at the same time that under Section 394.453 the less restrictive means of outpatient care will

Sandegren v. STATE, ETC.

Court: Supreme Court of Florida | Date Filed: 1981-03-12

Citation: 397 So. 2d 657

Snippet: 197, 42 So. 697 (1906). In enacting sections 394.453 and 394.66(1) and (5), Florida Statutes (1977)

Ago

Court: Florida Attorney General Reports | Date Filed: 1980-11-24

Snippet: public or private mental health facilities. See ss.394.453 and 394.459, F. S. Among the rights guaranteed

Bellavance v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-11-13

Citation: 390 So. 2d 422

Snippet: treatment for the particular mental patient. Sections 394.453 and 394.459(2)(b), Florida Statutes. It is equally

Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Society, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1980-04-16

Citation: 382 So. 2d 1280

Snippet: authorized by that Chapter. We next consider Section 394.453, Florida Statutes (1977), the "legislative intent"